1976 12 09 CC Minutesr
6091
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 9, 1976
The City Council of the City of Baytown, Texas, met in regular
session, Thursday, December 9, 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
Mary E. Wilbanks
Emmett Hutto
Allen Cannon
Tom Gentry
Fritz Lanham
Neel Richardson
Eileen P. Hall
Dan Savage
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Assistant City Manager
Mayor Gentry called the meeting to order and the invocation
was offered by Councilman Allen Cannon.
Approve Minutes
Councilman Kloesel moved to approve the minutes of the regular
meeting of November 23, 1976, and ratification of actions taken at
said meeting; Councilman Kimmons seconded the motion. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Petitions
None presented.
City Manager's Report
Several weeks ago Council authorized the Administration to
submit an application to the Texas Department of Highways and Public
Transportation for a Selective Traffic Enforcement Program Grant.
The application has been approved in the amount of $21,430. This
program will enable the City of Baytown to utilize off -duty police
officers on an overtime basis to enforce traffic violations at high
hazard locations. The Administration indicated that it may be
possible for the City to receive $42,000 rather than $21,430. The
additional funds would enable the City to work said areas six days
per week rather than three.
The building industry in Baytown set a record this year with
regard to single - family construction. Through the end of November
275 permits had been issued for single - family dwellings. Prior to
1976, 1967 was the record year with 269 permits for such dwellings
being issued.
The estimate for the reconstruction of West Main from Market
to Lee Drive which was requested by Council at its last meeting is
$150,000. The work would consist of salvaging the existing pavement
by making the necessary repairs to the base and resurfacing the area.
There is a possibility of that portion of West Main being included
in future federal aid programs, such as the Bayway Drive program.
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Minutes of the Regular Meeting - December 9, 1976
The Administration has inquired as to the status of opening
West Texas Avenue at Loop 201. The highway department contractor
has poured that portion of concrete which will be connected to
the City's pavement with asphalt. The contractor is now in process
of installing the curb and gutter in that vicinity. The highway
department indicated that, with no further bad weather, traffic
will be allowed on that portion of West Texas Avenue shortly
after the first of the year.
Councilman Kloesel pointed out that if Durain Street remained
open after the completion of Loop 201, motorists would use Durain
in an effort to avoid the intersection which would increase the
traffic flow on this residential street. Council directed the
Administration to poll the residents along Durain to determine
what their feeling would be with regard to closing Durain to
through traffic. If the response is favorable, then the Adminis-
tration was directed to contact the highway department regarding
said matter.
Council is aware of the letter received several weeks ago
from the Texas Department of Highways and Transportation indicating
that plans were being made for plans for the next section of Loop
201. The Houston office of the highway department indicated last
week that bids should be ready to be taken late in 1977. The next
section would include that portion of Loop 201 from Decker Drive
to Highway 146. These plans would include overpasses at Spur 330
and the railroad. This project is moving much faster than antici-
pated; therefore, the City is taking a second look at its plans
for Park Street. Park Street has been used for several years to
take care of east -west traffic. Since Spur 201 is moving as quickly
as it is, the City may want to recheck its plans for Park Street.
In response to a question from Council regarding the next
portion of Loop 201, Mr. Lanham explained that the access roads
would be built first as is being done in the present section under
construction. In regard to the bridge over Goose Creek Stream in
the next section of Loop 201, there will be initially two access
road bridges and then, when the main freeway is constructed, a
large bridge will also be constructed at that time.
Mayor Gentry explained that until it is known what the state
is going to do in the near future on Loop 201 there is no need to
expend a great deal of money on Park Street. The opening of Loop
201 will relieve 90% of the traffic load from Park Street. Mr.
Lanham explained that bond funds would finance the rebuilding of
Park Street, including a new bridge.
Councilman Kloesel stated that he would like Park Street put
in good condition as a residential street only. These repairs
could be made at nominal expense without the rebuilding of the
bridge.
Senior Citizens' Transportation Program - One month has been
completed in the taxicab program for senior citizens. Dan Savage,
Assistant City Manager, explained that the program began November
1, with 111 people being enrolled during the month of November.
As of this date approximately 150 people have been enrolled in the
program. During November the City provided 201 rides to 55 different
people for a total of $390.00. This is an average of $2.00 per
ride and the average ride was two miles. Rides were mainly used
to medical facilities, doctors' offices, grocery stores, department
stores, etc. The original estimate for costs of rides was $3.00.
Mr. Savage also stated that the drivers should be commended for
their treatment of the senior citizens.
East District Sewage Treatment Plant - The contractor is
continuing to install and test major items of equipment and has
begun construction of the road and final site grading.
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Minutes of the Regular Meeting - December 9, 1976
Hunnicutt Street Project - Brown and Root has limed the first
two blocks of Hunnicutt from Highway 146 to Seventh Street. Excava-
tion work is underway from Fifth Street to Seventh Street. Rain has
caused this project to be delayed.
Bob Smith Road Storm Sewer Project - The transition box culvert
has been built on the west side of North Main and the pipe has been
installed across North Main except for one joint. A gas line must
be moved in order to install this final joint. That work will be
done Tuesday. The pavement on the west side of North Main has been
replaced and traffic is using it. About one hundred (100') feet of
seventy -two (72 ") inch pipe has been installed from Ammons to the
east while the contractor is waiting for the gas line to be moved.
Mayor Gentry inquired when both sides of North Main will again
be open to traffic. The Administration explained that after the
gas line was moved and the pipe installed, then concrete could be
poured and should dry in about three days. After that time traffic
would again be allowed on North Main. Assuming this is done on
Tuesday as planned, then North Main could be open by the weekend.
Councilman Kloesel requested that the Administration prepare
an ordinance for the next meeting to increase the tax exemption
for senior citizens to $7,000, effective after January 1. If
effective after January 1, then it would not affect the present
budget. Council had no objections to the Administration preparing
such an ordinance.
Temporary Tax Exemption - Exxon Chemicals Company for the Baytown
Olefins Plant
In the letter submitted by Mr. Stephen W. Dedman, Jr., Manager
of Exxon Chemicals' Baytown Olefins Plant, a tax exemption is requested
in accordance with the provisions of Section 5 of Resolution No. 514
and the guidelines which were adopted by Council. In reviewing Mr.
Dedman's letter and the information contained in it, as well as past
actions taken by Council in this regard, it appears that the portion
of the proposal concerning the pouring of foundations in 1976 would
not be consistent with past actions. In the case of Gulf, construc-
tion would not begin until 1977; therefore, the first contract year
for Gulf would be 1977. In the case of Exxon, foundations would be
poured in December of 1976. This would be inconsistent with past
actions, such as the Gulf exemption.
Mayor Gentry explained that the first contract year was up to
Exxon in that Exxon had the power to defer construction, including
foundations, until 1977 in order to take full advantage of the pro-
visions of the resolution.
In response to questions from Council, Mr. Dedman explained that
this job will continue into 1980, with less than 25% of the total cost
to be expended in early 1977 and about 45% of the total to be expended
in 1978. If the resolution is applied, as in the past, the City will
require Exxon to pay one -third (1/3) of the taxes on the total project
with only 2% of the construction being completed. Mr. Dedman felt
that it was the intent of the resolution to apply to projects that
would be completed within a three -year time span. This project is
of a larger scope than that. In regard to waiting until January to
pour foundations, Mr. Dedman indicated that he did not feet that
it was Council's intent to force corporations to delay building programs
in order to meet the tax exemption of the resolution. Mr. Dedman
explained that Exxon was aware of the resolution prior to planning
the building program for the project, but was not aware of Council's
decision that the pouring of foundations constituted the beginning
of construction. Mr. Dedman indicated that if industry were taxed
one -third (1/3) of the total due with only 2% of the funds being
spent, then industry would be discouraged from construction rather
than encouraged.
6094
Minutes of the Regular Meeting - December 9, 1976
Councilwoman Wilbanks pointed out that if Exxon had brought
this request to Council in mid -1976 when site preparation began
then the question of 30 days could have been resolved at that time.
She felt the intent of the resolution was to encourage industry
and that when the guidelines were established, Council has no par-
ticular size of project in mind, but rather guidelines for pre -
construction. Councilwoman Wilbanks expressed the opinion that
foundation work is of a permanent nature. Mr. Dedman pointed out
that the resolution did not contain a definition of the first
year of construction. He stated that when site clearance began,
Exxon had no knowledge of the definition of the first contract
year. Approval was obtained for the project in early November.
In all, the project will cost between four and five hundred million
($400,000,000 - $500,000,000) dollars.
Councilman Lander inquired if it was incumbent upon Council to
determine when construction begins. Neel Richardson, City Attorney,
explained that when the resolution was adopted there was discussion
to specifically define when construction begins. It was Council's
decision to take this matter a case at a time. For that reason, the
terminology remained general; therefore, this decision is within the
discretion of Council.
Councilman Lander indicated that it seemed unfair to declare a
full year of tax exemption for a few days work. Councilman Kimmons
agreed. Councilman Lander stated that should Exxon postpone construction
until after the first of the year there would probably be overhead
costs involved with the contractor. He further stated that if this
exception were permitted where would the line be drawn for such
exceptions. Mayor Gentry pointed out that Mr.. Dedman also mentioned
the size of the project - what effect would that have on the appli-
cation of the resolution.
Mr. Dedman pointed out that not only was size important, but
so was the amount of time involved - how long will it take to expend -
the funds allotted for the project. Councilman Hutto explained that
when Resolution No. 514 was discussed before passage, it was his
understanding that each requested tax exemption would be acted on
according to the facts presented. Therefore, he stated it was very
unfair to tax a company on 2% of the expenditures in the amount of
30% of the taxes. On that basis Councilman Hutto moved to grant the
temporary tax exemption with 1977 being the moratorium year;
Councilman Kimmons seconded the motion.
Councilman Kloesel stated that he felt Resolution No. 514 did
encourage construction. He further stated that he could not support
the motion since 1977 was being considered the moratorium year.
Councilman Cannon asked for clarification of Resolution No. 514
since he was not on Council at the time it was passed. Mr. Lanham
explained that the exemption is a total of four years. The first
contract year which is the calendar year in which construction is
begun no compensation due to the City. Compensation due for the
second, third and fourth years shall be calculated as follows:
On January 1 of the second contract year, the
anticipated fair market value of the new industry
or an expansion shall be rendered to the City of
Baytown. In this case, if 1977 is approved as
the first year, then Exxon must render the fair
market value to the City by January 1, 1978.
Councilman Cannon pointed out that under the present interpretation
of the resolution the anticipated value would have to be submitted
to the City by January 1, 1977. Then the payment would be figured
based on the anticipated fair market value, using the 20 -80 industrial
district formula. This figure would be payable in three installments
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Minutes of the Regular Meeting - December 9, 1976
due the second, third, and fourth contract years. At the end of the
exemption, adjustments due to overpayment or underpayment will be
made.
In response to an inquiry from Councilman Cannon as to the
reason the year of exemption could not be determined by the month
construction would begin, the Administration explained that the
City's tax year is January 1 through December 31; therefore, the
exemption must run concurrently.
Mayor Gentry pointed out that at one time the City of Baytown
had three Industrial Districts and numerous contracts containing
different wording and different payments to the City. He also
pointed out that it took several difficult months for Council to
arrive at the present Uniform Industrial District Policy. Mayor
Gentry expressed the opinion that if the Council were to put a lot
of flexibility into the resolution then the uniformity would be
lost.
Councilman Hutto expressed the opinion that even though Council
had established an industrial district policy, since Council had made
adjustments to ordinances in the past, the industrial district policy
could be broadened also.
Councilman Lander called for the question. The vote follows:
Ayes: Council members Lander, Kimmons and Hutto
Nays: Council members Kloesel, Wilbanks and Cannon
Mayor Gentry
Council expressed concern whether or not Exxon was still request-
ing an exemption under Resolution No. 514. Councilman Kimmons
requested that a work session be scheduled in the near future to
discuss Resolution No. 514. Councilman Lander pointed out that it
may be advantageous to Exxon not to request the exemption.
At this point Mr. Dedman stated that since the motion was
defeated using the first year as 1977, Exxon would not desire an
exemption at this time.
Request for Water Service Outside City Limits
Mr. Lanham explained that Mrs. Charles McFarland who lives
north of the City has requested to be tied into city water service.
Her property is located next to Billy Angel's property which does
have extended city water service. All expenses will be absorbed
by the consumer, and the cost for water will be lh times what the
consumer residing within the city pays.
Councilman Kloesel moved to grant the request; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Contract - BAWA and the City of Baytown
This contract was discussed in a joint work session with the
Baytown Area Water Authority last week. Council cannot officially
approve the contract until after the election in January. Then,
if the citizens approve the contract, Council will adopt an ordinance
authorizing the signing of the contract. The Administration recommended
that Council go on record at this time as indicating support and intent
to execute the contract if the electorate so indicates.
A
Minutes of the Regular Meeting - December 9, 1976
Councilman Kimmons moved to approve and endorse the contract
between the Baytown Area Water Authority and the City of Baytown
for treated surface water; Councilwoman Wilbanks seconded the
motion.
In response to a question from Council, Mr. Lanham explained
that Pasadena entered into a contract several years ago with the
City of Houston to purchase treated surface water. Pasadena over-
estimated their population growth; therefore, Pasadena is paying
for more water than needed and cannot sell the excess to anyone
because there is no provision in their contract for such a trans-
action. Another problem in Pasadena is that the necessary number
of trunk lines needed to supply surface water to the entire City
have not been provided; therefore, Pasadena is having to use well
water, as well as paying for treated surface water.
Mr. Lanham explained that BAWA has agreed that from initial
delivery to the third year (1979 -1982) to take or pay for six million
gallons per day (6 mgd) of untreated surface water or raw water.
Mayor Gentry pointed out that the largest cost was for treatment of
water.
Councilman Kloesel questioned why Baytown could not buy directly
from CIWA rather than going through BAWA. The Administration explained
that there would be the resale factor involved, as well as the fact
that several years ago when the City sold some Revenue Bonds there
was a provision in the bond covenant stating that whenever the City
of Baytown sells revenue bonds, the water and sewer net income must
equal 1� times the average requirement to service those bonds. That
means if the $13,500,000 figure is correct and if the City of Baytown
bought the water direct, built the plant, paid the bonds, the net
revenue from Baytown's water system would have to yield 111 times 07
the bond requirements. This is not the case if BAWA buys the water,
builds the plant, etc. This could mean a difference of approximately
$500,000 per year.
Councilman Hutto inquired in Baytown's rates would be reduced
should BAWA begin selling to other entities, as well as Baytown,
Mr. Lanham explained that as the contract read each group would pay
its proportionate share. The contract also provides that the water
rates will be reviewed each year. It is not foreseen in the near
future that rates will be reduced because of BAWA selling to some
other major entity. The minimum take or pay schedule included in
the contract is as follows:
Year Amount
1 -3
6
mgd
4 -7
8
mgd
8 -11
10
mgd
12 -15
13
mgd
16 -20
16
mgd
The only way Baytown can be assured of having water is to
include this in the contract.
Councilman Kloesel inquired how much water rates would increase j
if Baytown contracts with BAWA. Mr. Lanham explained that the average j
bill of 7,000 gallons per month would increase from $-3.70 to $8.00 or I
$8.50.
Councilman Kloesel expressed concern over creating another
governmental agency, such as BAWA, since it is so difficult for
citizens to have an input into these agencies. Council pointed
out that the legislation creating BAWA provided that the City of
Baytown must approve all actions taken by BAWA. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and
Cannon
Mayor Gentry
Nays: Councilman Kloesel
IN
Minutes of the Regular Meeting - December 9, 1976
Ordinance - Call Special Election on Contract Between the City of
Baytown and BAWA
This ordinance sets the special election for January 15, 1977,
for approval of the contract between the City of Baytown and the
Baytown Area Water Authority. The Administration recommended
approval of the ordinance.
Councilman Hutto moved to approve the ordinance; Councilman
Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2138
ORDINANCE CALLING ELECTION TO AUTHORIZE ENTERING
INTO "WATER SUPPLY CONTRACT -- TREATED WATER" WITH
THE BAYTOWN AREA WATER AUTHORITY.
Ordinance - Abandoning a Portion of Whiting Street
This topic was discussed at the last meeting and the Administration
was instructed to prepare an ordinance. A legal opinion from the City
Attorney's office contained in the packet indicates that the City can
close the street and let the property revert to the property owner
without compensation, or the City can close the street and sell it
to the abutting property owner for the fair market value. In regard
to the meaning of charitable organizations in Resolution No. 11, the
Assistant City Attorney determined that it is within the discretion
of the Council to define charitable institutions to include benevolent,
educational and religious institutions.
The appraisal made by the tax department revealed a fair market
value of $5,700. Three years ago $1,936 was spent rebuilding that
portion of Whiting Street.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Kimmons seconded the motion.
Councilman Cannon stated that he felt the City should recover
the $1,936 spent for rebuilding Whiting Street, especially since
the college represented two entirely different sets of taxpayers.
Mayor Gentry pointed out that he could vote in favor of
abandoning the street, but not on the basis that Lee College could
be considered a charitable institution under Resolution No. 11 as
stated in the proposed ordinance; therefore, he would have to oppose
the motion. If the proposed ordinance did not contain this wordage,
then he could vote favorable on the motion.
Mr. Richardson stated that Resolution No. 11 could be amended
to include "religious, charitable, and educational facilities" and
amend the proposed ordinance to state "educational institution"
rather than "charitable ".
Councilman Lander pointed out that some educational facilities
are for profit. Councilman Kloesel suggested to make it refer to
"publicly owned educational tax exempt institutions ".
Councilman Kloesel moved to table the motion until later in
the meeting; Councilman Hutto seconded the motion. The vote follows
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and
Hutto
Mayor Gentry
Nays: None
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Minutes of the Regular Meeting - December 9, 1976
Council directed the City Attorney to amend Resolution No. 11
to reflect Councilman Kloesel's suggestion of "publicly owned
educational institutions that are tax exempt."
Final Payment - Installation of Various Traffic Signals
This ordinance is for final payment on the installation of
traffic signals at Thomas Plaza and North Main at Rollingbrook/
Massey Tompkins. The contract overran in the amount of $583.43
because the original intent was to run the electricity underground,
but the contractor ran into a storm sewer which prohibited under-
ground installation. Therefore, the service had to be installed
overhead. The final contract amount is $12,281.63. The Adminis-
tration recommended approval of final payment.
Councilman Lander moved for approval of the final payment;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2140
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AND ACCEPTING THE INSTALLATION OF TRAFFIC
SIGNALS AT CERTAIN INTERSECTIONS BY BAYTOWN ELECTRIC CORPO-
RATION, FINDING THAT THE WORK IS IN ACCORDANCE WITH THE
TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE
OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO
THE SAID BAYTOWN ELECTRIC CORPORATION AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Ordinance - Change Order No. 1 to the Sanitary Sewer Contract No. 76 -4
The sanitary sewer line between Gulf and Pierce and the line
between Fourth and Second have collapsed. The Administration would
like to add these lines to the contract underway with Channel Construc-
tion Company.. These lines will be five (5 ") inch pipe. The present
contract with Channel Construction does not include a cost for five
(5 ") inch pipe so the Administration referred to a previous contract
with the company which did include five (5 ") inch pipe. That figure
was used in negotiating the change order with the contractor. The
Administration recommended approval of the change order.
Councilman Kimmons moved for adoption of the ordinance; Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2141
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO THE
CONTRACT WITH CHANNEL CONSTRUCTION COMPANY FOR THE
SLIPLINING OF SANITARY SEWER LINES ON BOB SMITH ROAD
AND MCPHAIL STREET AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
mmms
Minutes of the Regular Meeting - December 9, 1976
Ordinance - Purchase of Sanitation Trucks
Dan Savage, Assistant City Manager, explained that it was
decided to purchase new equipment to replace two of the 1969 three -
man rear - loading packer trucks presently being used. In 1976 -1977
it cost approximately $48,000 to place one sanitation truck on
route. This figure includes labor, equipment, disposal costs,
operating and maintenance costs. Seventy (70 %) per cent of the
$48,000 is labor costs. Therefore, when specifications were
drawn, an attempt was made to survey the market to find equipment
that would allow the City to do the same job that is presently
being done at a lower cost. In this survey two vehicles were
located that could meet these specifications - the Lodall and
the Shu -Pak. Both of these vehicles require two men and have
dual controls to allow the trucks to be driven from either side.
The trucks are side loading as opposed to rear loading. The trucks
are of step van construction which allows the driver to stand while
driving or sit down while on a long haul. Before bids were taken
local vendors of each vehicle were contacted in order that demonstra-
tions might be arranged. The Shu -Pak distributor arranged for the
City to use a Shu -Pak for three or four days, and the Lodall distri-
butor arranged to let the City use the truck for one day. As well
as local demonstrations, the Administration traveled to Bellaire
where the Shu -Pak is being used and to E1 Campo where the Lodall
could be seen in use. Both vehicles were very impressive in their
operation, and, for that reason, the Administration felt that it
would be beneficial to receive bids on this type equipment, as well
as the rear - loading truck now being used.
Bids were received on October 2S, 1976. In analyzing bids all
aspects of the costs to operate each type vehicle were considered -
including labor costs, equipment costs, and disposal costs. Cost
were not included for operating and maintenance because accurate
figures could not be obtained for these items since the costs depended
mainly on the local service representatives. Total costs including
equipment, labor, and disposal costs, for each type of equipment is
as follows:
Lodall $ 37,401.83
Shu -Pak $ 392927.67
Heil Packer $ 42,677.13
The Lodall would have an annual cost of approximately $5,000.00
less than the Heil Packer presently in use and $2,500.00 less than
the Shu -Pak.
The Lodall is lighter, taller, more manueverable, and has a
better fuel record than the present Heil Packer or the Shu -Pak. The
Lodall averages 3.� miles per gallon; whereas, the other two trucks
average approximately 22 miles per gallon. All present vehicles in
use are standard transmission, thus causing clutch problems. Another
problem with the present equipment is with the hydraulic system of
the packer. All trucks were bid with automatic transmission in order
to eliminate clutch problems. The packing mechanisms on both the
Shu -Pak and the Lodall are simpler than the Heil Packer; therefore,
maintenance costs will be reduced in that regard. From a safety
standpoint, the Lodall appears to be the safest model of the three.
It has 3600 visibility all around the truck; whereas, the Heil Packer
does not have complete visibility, making it difficult to see the
men behind the truck. For this reason, the two -man truck will
eliminate some of the injuries now being experienced. For these
reasons, the Administration felt that the Lodall is the best bid.
The only drawback is the fact that the Lodall is a smaller truck
with a capacity of twelve cubic yards; whereas, the Heil Packer
now,in use has a capacity of 19 cubic yards and the Shu -Pak has a
capacity of 29 cubic yards. Since the Shu -Pak's compaction ratio
is poor, that amount can be discounted to approximately 22 -23 cubic
yards. The Lodall will have to make more trips to the landfill than
the other two trucks, but the gas mileage for the Lodall will compen-
sate. Since the Lodall packs while moving rather than only when
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Minutes of the Regular Meeting - December 9, 1976
stopped as in the case of the Heil Packer, the sanitation workers
will be able to accomplish the same amount of work with no signifi-
cant change in the amount of time even with extra trips to the land-
fill. Mr. Savage pointed out that not all of the workers in the
sanitation department were convinced of the idea of the Lodall. He
also pointed out that the Administration had spoken with the men
regarding the use of the Lodall and had taken three volunteers from
the sanitation department to E1 Campo to see the truck in use. The
men who went to E1 Campo had a positive reaction. He also stated
that the Administration did not want to lay -off any personnel.
Councilman Kloesel stated that because there was only one
bid on a three -man truck, he would need to see figures on other
three -man trucks in order to compare. He also pointed out that he
was uncertain that the Lodall could do an equivalent job of the
Heil Packer.
In response to a question from Council, Mr. Savage explained
that before E1 Campo converted to the Lodall another side - loading
vehicles was used. Bellaire had used several vehicles before
converting to the Lodall. Fort Worth used rear - loading vehicles
before purchasing several Lodall. In Bellaire all residential
pickup is done with the Lodall.
Councilman Kloesel pointed out that the Lodall probably could
not be used in alleys. Mr. Savage agreed because of the fact that
alleys are not wide enough to accommodate the side loader. There
would only be room to work at the rear of the truck.
Councilwoman Wilbanks questioned if it would be more stenuous
on the two men running the Lodall. She stated that in the use of
garbage cans there would be more strain on the men than if plastic
bags were used. Mr. Savage stated that there were several points
to the Lodall.
1. The side loader prevents the man from carrying
the can as far as with the rear loader. The
vehicle can get closer to the cans.
2. The loading area is lower on the two -man truck
than on the three -man truck.
3. In the ordinance passed recently regarding
garbage and trash, a limit of sixty pounds
was placed on the full trash can.
Mr. Lanham pointed out that several men did go to E1 Campo to see
the equipment in operation and are willing to work this type of
equipment for Baytown.
Councilman Kloesel stated that he would like to go out for
bids again in order to get more bids on the three -man truck. He
also stated that a lot was expected of the sanitation worker as it
is now, and the two -man truck would cause more strain on the men.
He pointed out that if the City wanted to cut back on personnel,
he had some suggestions to make in that area. The Administration
pointed out that cutbacks in personnel in the sanitation department
were only planned through attrition not lay -offs.
Councilman Lander pointed out that it was up to Council to
get more efficiency. Mayor Gentry stated that Council had a
responsibility to spend the taxpayers' money wisely. Mr. Lanham
pointed out these two -man trucks were discussed during the budget
sessions and that the operators would be paid more for operating
this type equipment.
The City now has ten routes running four days per week. There
is a total of twelve vehicles - two of these being reserves. If the
City bought two of the Lodalls per year, it would take six years to
convert entirely to the side - loading vehicles. At the end of the
six years with population growth as it is, there would probably be
more routes in Baytown.
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Minutes of the Regular Meeting - December 9, 1976
Councilwoman Wilbanks stated that she did not feel that the
purchase of two Lodalls would commit Baytown to a total program.
She further stated that Baytown could try the trucks and then make
a decision. If there are people that are willing to work on this
equipment, then the program is not being imposed on any employees.
Representatives from the Sanitation Department were in the
audience and expressed the opinion that going to the side - loading
vehicles would cause reduction in forces, as well as making alley
pickup virtually impossible. There were objections voiced concerning
the manner in which volunteers were selected. However, Mr. Savage
explained that initially after a film presentation on the vehicles,
those who reacted favorably were asked to participate in the field
trip. Mayor Gentry stated that he saw no harm in selecting persons
who reacted favorably to the film presentation.
Councilman Hutto commended the attitude of sanitation workers
in their job. Mr. Savage pointed out that the sanitation department
makes 100,000 stops per month picking up garbage. Approximately 150
of the 200 calls received per month are for special brush or appliance
pickup. Very few complaints are received regarding sanitation services.
Councilman Kloesel stated that the workers should be commended for
their work and also for their courage to come before Council regarding
this matter.
There are forty -four people in the sanitation department with
thirty of those working the ten routes. The two Lodalls would reduce
that number from thirty to twenty -eight through attrition. The four
persons interested in operating the Lodall have indicated that it
might be beneficial to let the driver select his helper.
Councilman Lander stated that the side loading equipment is
being accepted quite well in many cities and Baytown should not
bypass an opportunity to use this equipment.
Councilman Kloesel moved to go back out for bids and get
bids on more than one packer that uses two employees. Councilman
Lander pointed out that this bid contained four bids on the three -
man packer. Mr. Savage explained that each vendor bid the Heil
Packer because it is one of the best rear - loading vehicles and
that the specifications stressed the heil -type.
Since there was no second to Councilman Kloesel's motion,
he then moved to accept the low bid for the Heil Packer which is
Bob Hamric Chevrolet; Councilman Hutto seconded the motion.
Councilwoman Wilbanks stated she could not favor the motion
not because of any reflections on the work being done, but because
she was not certain that the three -man truck is the best system for
Baytown. She stated that Baytown should at least try the two -man
vehicle and, then if it does not work, Council can reconsider.
The vote follows:
Ayes: Council members Kloesel and Hutto
Nays: Council members Lander, Kimmons, Wilbanks and Cannon
Mayor Gentry
Since the motion was defeated, Councilman Lander moved to adopt
the ordinance for the purchase of two Lodalls; Councilman Kimmons
seconded the motion.
Councilman Cannon suggested that the City purchase one rear -
loading and one side - loading vehicle. The Administration explained
that the present fleet consists of twelve vehicles. It is the in-
tent to replace the two reserve vehicles in an effort to decrease
6102
Minutes of the Regular Meeting - December 9, 1976
downtime since some of the vehicles are becoming quite old.
Councilman Kloesel amended the motion to purchase one Lodall and
then withdrew the motion when the Administration explained that
since the bid was for two vehicles either rear - loading or side -
loading, the bidder could not be bound to the price quoted if
the City only wanted one.
Councilman Kloesel went on to state that he would oppose
the motion so that the Administration could go out for bids
again for one vehicle of each type. The vote follows:
Ayes: Council members Lander and Kimmons
Mayor Gentry
Nays: Council members Kloesel, Wilbanks, Hutto and Cannon
Councilman Cannon moved to advertise for bids for one truck
of each type; Councilman Kloesel seconded the motion; however,
before Council could authorize advertising for bids, a motion was
necessary to reject the bids. Therefore, Councilman Kloesel moved
to officially reject the bids; Councilman Hutto seconded the
motion. The vote follows:
Ayes: Council members Kloesel, Wilbanks, Hutto and Cannon
Nays: Council members Lander and Kimmons
Mayor Gentry
Councilman Cannon then moved to advertise for bids for one
side - loading vehicle and one rear - loading vehicle; Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Nays: Mayor Gentry
The tabulation of the bids which were received follows:
BIDDER:
SECTION UAQ NTITY
I. 2
II. 2
III. 2
MFG. MAKE & MODEL:
DESCRIPTION
Rear Loading
Side Loading
Side Loading
NEAREST PARTS /SERVICE:
WARRANTY:
DELIVERY:
OPTION:
BIDDER:
SECTION UAQ NTITY
I. 2
II. 2
III. 2
MFG. MAKE $ MODEL:
DESCRIPTION
Rear Loading
Side Loading
Side Loading
NEAREST PARTS /SERVICE:
WARRANTY:
DELIVERY:
OPTION:
BOB HAMRIC CHEVROLET
Unit Price Total Price
$19,890.78 $ 39,781.56
No Bid
No Bid
Chev. CC67013 - Heil Mark III
Baytown, Texas
12 months or 12,000 miles
60 -90 cal. days A.R.O.
Failed to Bid
JIM BALL INTERNATIONAL
Unit Price Total Price
$20,499.64 $ 40,999.28
No Bid
No Bid
Int. 1700 - Heil Mark III
Baytown, Texas
12 months or 12,000 miles
90 cal. days A.R.O.
$110.00
7
6103
Minutes of the Regular Meeting - December 9, 1976
BIDDER: DAMS TRUCK $ EQUIPMENT
�I:CTION QUANTITY DESCRIPTION Unit Price Total Price
I. 2 Rear Loading $20,530.00 $ 41,060.00
II. 2 Side Loading No Bid
III. 2 Side Loading No Bid
MFG. MAKE Y, MODEL: Ford LN 800 - Heil Mark III
NEAREST PARTS /SERVICE: Houston, Texas
WARRANTY: Truck -12 mos. /12,000 miles
Body -1 yr. - parts /labor
DELIVERY: 60 -90 cal. days A.R.O.
OPTION: Failed to Bid
BIDDER: HUGH WOOD FORD
SECTION QUANTITY DESCRIPTION Unit Price Total Price
I. 2 Rear Loading $21,557.91 $ 43,115.82
II. 2 Side Loading No Bid
III. 2 Side Loading No Bid
MFG. MAKE g MODEL: Ford LN 800
NEAREST PARTS /SERVICE: Baytown, Texas
I WARRANTY: 12 months or 12,000 miles
!f DELIVERY: 120 cal. days A.R.O.
OPTION: $90.00
BIDDER: HI -WAY EQUIPMENT COMPANY
SECTION QUANTITY DESCRIPTION Unit Price Total Price
I. 2 Rear Loading No Bid
II. 2 Side Loading $36,413.00 $ 72,826.00
III. 2 Side Loading No Bid
MFG. MAKE $ MODEL: Lodal EDO -2050
NEAREST PARTS /SERVICE: Houston, Texas
WARRANTY: 6 months
DELIVERY: 30 -60 cal. days A.R.O.
OPTION: Not available
BIDDER: BENJAMIN FELD F, ASSOC.
SECTION QUANTITY DESCRIPTION Unit Price Total Price
I. 2 Rear Loading No Bid
II. 2 Side Loading No Bid
III. 2 Side Loading $39,340.00 $ 78,680.00
Minutes of the Regular Meeting - December 9, 1976
BIDDER: BENJAMIN FELD $ ASSOCIATES (Continued)
MFG. MAKE & MODEL: IHC 1910B or GMC TE675 -13
NEAREST PARTS /SERVICE:
WARRANTY:
DELIVERY:
OPTION:
Houston, Texas
1 full year
135 cal. days A.R.O.
$360.00
610'4
Resolution No. SS3 - Cast Votes for Election of the Board of Trustees
of the Texas Municipal League Workmen's Compensation Joint Insurance
Fund
The terms of three members expire. They are Abe Allen of Abilene,
JuaNita Brodecky of Rio Hondo, and Don Cheatham of Amarillo. Those
names have been submitted for re- election. The Administration
recommended approval of the resolution.
Councilman Hutto moved for adoption of the resolution; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, DIRECTING THE CITY CLERK OF THE
CITY OF BAYTOWN TO COMPLETE THE OFFICIAL BALLOT
INDICATING COUNCIL'S CHOICE OF CANDIDATES TO SERVE
ON THE BOARD OF TRUSTEES FOR THE TEXAS MUNICIPAL
LEAGUE WORKMEN'S COMPENSATION JOINT INSURANCE FUND.
Resolution No. 554 - Juvenile Service Division Grant
The Administration requested that authorization be made to
submit a grant application in the amount of $52,242.00 to fund
a Juvenile Service Division for the year beginning in April, 1977.
The City's share of $36,000+ would be in -kind. This grant would
allow the City to establish a Juvenile Services Section which would
include ane sergeant, two patrolmen, and one secretary. This
program is needed in view of the increase in juvenile crimes in
the area. There has been an average of 21% increase in juvenile
crimes over the past three years in Baytown. By enlarging this
division an emphasis can be placed upon counseling with pre -
delinquents and their parents. The application is either first
or second on the priority list with H -GAC. The Administration
recommended approval of the resolution.
Councilwoman Wilbanks moved for adoption of the resolution;
Councilman Cannon seconded the motion.
Councilman Kloesel expressed concern regarding expanding the
police department. He knows there are problems to be resolved,
such as the problem with teenagers on Texas Avenue, but does not
feel that expanding the police department will solve them.
The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and
Cannon
Mayor Gentry
Nays: Councilman Kloesel
6105
Minutes of the Regular Meeting - December 9, 1976
RESOLUTION NO. 554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF
THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION
TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE
OF THE GOVERNOR FOR A JUVENILE SERVICE DIVISION
GRANT IN THE AMOUNT OF FIFTY -TWO THOUSAND TWO
HUNDRED FORTY -TWO AND NO 1100 ($52,242.00) DOLLARS.
Resolution_— Abandoning Whiting Street
Mr. Richardson stated that if Council would instruct him to
prepare and Council would adopt a resolution stating that the
portion about payment being waived be amended to include "publicly
owned tax exempt educational institutions and charitable institutions."
Then, Council could proceed to adopt an ordinance which would deter-
mine that Lee College is a "publicly owned tax exempt educational
institution" rather than a "charitable institution."
Councilman Kloesel moved to amend Resolution No. 11 as
suggested by the City Attorney; Councilman Kimmons seconded the
motion. The vote follows:
Ayes: Council members Lander Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 557
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING RESOLUTION NO. 11 CON-
CERNING POLICIES AND PROCEDURES FOR THE ABANDON-
MENT, ABOLISHMENT AND RELINQUISHMENT BY THE CITY
OF ITS RIGHTS, POWERS AND OWNERSHIP IN AND TO
ITS STREETS, ALLEYS, SIDEWALKS, EASEMENTS AND
SIMILAR PUBLIC PROPERTIES, PROVIDING FOR COMPEN-
SATION TO BE PAID IN PROPER INSTANCES, AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Councilmen Kloesel moved to removed the ordinance from the
table; Councilwoman Wilbanks seconded the motion. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Councilman Kloesel moved to adopt the ordinance as amended
by the City Attorney; Councilman Hutto seconded the motion. The
vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
and Hutto
Mayor Gentry
Nays: Councilman Cannon
ORDINANCE NO. 2139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, PROVIDING THAT THAT PORTION OF
WHITING STREET FROM AMERICAN AVENUE TO THE
SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY BE VACATED,
ABANDONED AND CLOSED; PROVIDING FOR THE QUITCLAIMING
OF PART OF THE CITY'S INTEREST IN SAID LAND; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
6106
Minutes of the Regular Meeting - December 9, 1976
Mayor Gentry then declared a ten - minute recess.
Resolution No. 555 - Renewal of Subcontract with H -GAC for the
1977 Unified Work Program
This would enable the City to continue the present planning
program to support the state's transportation planning process.
There is an increase of $5,000.00 over last year. The Administration
recommended approval of the resolution. i
Councilman Cannon moved for approval of the resolution;
Councilwoman Wilbanks seconded the motion.
One of the products of this project is the General Study Plan
which is submitted to the State for planning purposes. If this
subcontract were not in existence, then this planning would be done
by the state or H -GAC. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 555
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, BY WHICH THE CITY COUNCIL CONCURS
WITH THE PROPOSED WORK ELEMENTS ESTABLISHED BY
THE HOUSTON - GALVESTON AREA COUNCIL'S WORK PROGRAM
AND AUTHORIZING THE ADMINISTRATION TO RENEW AN
INTERGOVERNMENTAL AGREEMENT WITH THE HOUSTON -
GALVESTON AREA COUNCIL FOR FUNDING.
Resolution No. 556 - Accept General Study Plan
A summary of the findings of the study include the following:
1. Present population;
2. Characteristics of the population;
3. Housing;
4. Housing Conditions;
5. Projected population;
6. Education;
7. Background of citizens.
The Administration recommended approval of the resolution which
states that the City of Baytown will use the plan as a guideline
for future decisions.
Councilman Kimmons moved for adoption of the resolution;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 556
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE "GENERAL STUDY PLAN
OF BAYTOWN, TEXAS," AND ADOPTING IT AS A GUIDELINE
FOR FUTURE URBAN PLANNING ACTIVITIES.
r
6107
Minutes of the Regular Meeting - December 9, 1976
Advertise for Bids - Reroofing of Community Center
There are numerous leaks in the Community Center. Through the
years the leaks have been patched but all the leaks cannot possibly
be patched. The roof is about ten years old. No funds were included
in the budget for this project; however, there are unappropriated
revenue sharing funds in the amount of $26,229.00 which the Adminis-
tration requested be appropriated for that project. The Administration
requested that authorization be made to prepare plans and specifications
and advertise for bids to reroof the entire building.
Councilman Lander moved to authorize the preparation of plans
and specifications and advertisement for bids to reroof the
Community Building; Councilwoman Wilbanks seconded the motion.
In response to a question from Council, Mr. Lanham explained
that the unappropriated funds came from interest received from time
deposits and underruns on previous appropriations.
Councilman Kimmons requested that when specifications were
prepared, an option be included for a polyurethene roof. The
vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Advertise for Bids - Cleaning and Televising of Sanitary Sewer Lines
Problems have occurred in the area of Amy, Scott, Midway and
Wildrose. The Administration requested authorization be made to
advertise for bids for cleaning and televising of these lines in
order to determine exactly what needs to be done. There is approx-
imately 8,000' of line and the estimated cost is $6,000.00. The
Administration recommended approval to advertise for bids using
1975 Sewer Bond Funds.
Councilman Kloesel moved to authorize the Administration to
advertise for bids. Councilwoman Wilbanks seconded the motion.
In response to a question from Council, Ivan Langford III,
Director of Public Works, explained that there are two pieces of
equipment involved; that is, the cleaning unit at approximately
$50,000+ and the televising unit at approximately $35- $40,000.
Therefore, the purchase of this equipment would not be feasible.
Police Policy
Councilman Kloesel referred to complaints from citizens
regarding the fact that most crimes do not receive the follow -up
that is really necessary, but added he was not interested in expanding
the manpower. Councilman Kloesel pointed out that the judgment of
some of the younger officers needs to be improved with experience.
He also pointed out that a great deal is expected of men with little
experience -- they are on their own after little training and receive
a car after one year if they reside in the city limits. Councilman
Kloesel stated that he does not know if a man can be trained in
judgment and techniques in a one -year period. He suggested that
perhaps the new people should be trained by placing them with the
older, more experienced men to be trained in areas of judgment, such
as deciding whether to confine a person. There are cases when
persons who are not a threat to society are confined in jail rather
than letting the court make the decision.
61043
Minutes of the Regular Meeting - December 9, 1976
Councilman Cannon stated that if all three things mentioned
by Councilman Kloesel -- more follow -up, more training, and no
more men -- could be done, it would be quite an accomplishment.
Committee Reports
None.
Unfinished Business
None.
Recess and Reconvene
Mayor Gentry recessed the open meeting into executive session
to discuss land acquisition and personnel matters.
When the open meeting reconvened, Mr. Lanham recommended that
Jack Cramer, the present Plumbing Inspector, be appointed Chief
Building Inspector at a salary of $1,425.00 per month. This
would be effective January 1, 1977.
Councilman Cannon moved to confirm the appointment of Jack
Cramer to Chief Building Inspector; Councilman Kloesel seconded the
motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
There being no further business to transact, Councilman
Cannon moved to adjourn; Councilman Kloesel seconded the motion.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Ad "Ja ISO 2
W�Z'nn Bryant, Depu� City Clerk
APPROVED:
r
Eileen P. Hall, City Cler