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1977 01 27 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 27, 1977 The City Council of the City of Baytown, Texas, met in regular session, Thursday, January 27, 1977, at 6:30 p.m. in the council chamber of the Baytown City Hall. The following members were in attendance: Jack Kimmons Ted Kloesel Mary E. Wilbanks Emmett Hutto Allen Cannon Tom Gentry Fritz Lanham Neel Richardson Eileen P. Hall Dan Savage Absent: Jody Lander Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Councilman 6140 Mayor Gentry called the meeting to order and the invocation was offered by the Reverend Clyde E. Thomas, Pastor of Cedar Bayou United Methodist Church. Approve Minutes Councilman Kloesel moved to approve the minutes of the regu- lar meeting of January 13, 1977, and ratifications of actions taken at said meeting; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Petitions Two petitions have been received - -one, petition from some of the residents on Ashleyville Street, east of North Main, re- questing that this street be paved on a participation basis, and the other petition is from residents of Durrain Ferry Road re- questing that Council consider closing Durrain Ferry Road at its intersection with Loop 201 feeder roads. Councilman Cannon moved to accept the petition from the residents on Ashleyville Street and to refer the petition to the administration for proper handling. Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None The administration was instructed by Council to contact the residents who have property abutting Ashleyville Street to give them a better estimate of the cost involved. In response to an inquiry from Council, Mr. Lanham, City Manager, pointed out that there are funds remaining from the 1970 Capital Improvement Program for street improvement on participation basis, and that in the 197E Bond Issue, - X250,000.00 was authorized for participation street improvement. 6141 Minutes of the Regular Meeting - January 27, 1977 Councilman Kloesel moved to accept the petition that the residents on Durrain Ferry Road; Councilman Hutto seconded the motion. Councilman Kloesel then asked that the petition be referred to the Council's Traffic Committee, and this item be placed on the next agenda for Council to consider. Councilman Cannon asked that Mrs. Orton, reporter for the Baytown Sun, publicize the fact that Council would be considering this item so that anyone wishing to oppose the closing of Durrain Ferry Road would have ample opportunity to do so. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None City Manager's Report At the last meeting, Council asked that the administration contact the Texas Highway Department and the County regarding some of the projects their contractors are working on in Baytown. Mr. Ranft with the Texas Highway Department, together with the members of the administration inspected certain highway department projects in Baytown. Mr. Ranft also reported that on the Loop 201 - Spur 330 Projects - -this is under one contract - -the contractor has 400 working days in which to complete these projects. Sixty -nine and one -half (69y6) per cent of the time has been used; fifty -seven (576) per cent of the work has been completed; therefore, one can see that the contract is behind schedule. The contract does include a penalty provision of $420.00 per day. The question was asked at the last meeting whether or not the State collects on these overdue contracts. The State collected liquidated damages in the past. For instance, on the Highway 146 Project, $40,040.00 has been paid in liquidated damages. Mr. Ranft also pointed out that on the Loop 201 - Spur 330 Projects, the contractor has not been charged with very many working days during November, December, and January due to poor weather conditions. With regard to the Bayway Drive Project, this contract pro- vides for 225 working days, which seems excessive due to the dis- tance of the project. The contractor is ahead of schedule on this project. The work is seventy -five (756) per cent complete with sixty (606) per cent of the contract time having been used. This contract provides a penalty of $280.00 per day. Mr. Dink and Mr. Cline, representatives from Harris County, did meet with the administration and were present in the audience. Mr. Lanham reported that the contract amount on Baker Road is $1,553,683.00 of which $830,819.00 has been paid to the contractor. The work on this contract is approximately fifty -four (546) per cent complete with the contractor having used only forty -five (456) per cent of the contract time. The contractor's representative and Mr. Cline both feel that this contract will be completed within the time frame provided in the contract. Since representatives of the County were present, Mayor Gentry commented on one of the concerns that the citizens of Baytown had with regard to the Baker Road Project, that being the hazardous condition existing where the west end of the new concrete portion that extends from Garth Road west ends and the motorist travels onto a raised portion for 30 -40 feet. Mr. Cline said that this situation should be alleviated in the next 3 -4 days, and that the County did appreciate the citizens of Baytown bearing with the con- tractor on this project. Mr. Cline also stated that he felt cer- tain that this contract would be completed within or before the number of working days specified in the contract. 6142 Minutes of the Regular Meeting - January 27, 1977 Councilman Hutto asked, "What constitutes a working day ?" Mr. Cline responded that a working day is determined by weather conditions and that the engineering department was responsible for making that determination. Councilman Hutto was concerned that the city crews were working on days that contractors on various state and county jobs were not. He felt for this reason perhaps some further study needed to be given to what exactly should con- stitute a chargeable day, as well as the number of days allowed to complete a project. Councilwoman Wilbanks requested that some provisions be made to assure safety to those individuals who mistakenly get on the length of road that appears to be complete. Councilman Kimmons interjected that he would appreciate the placement of markers on the section of road that is being traveled. Council Kloesel said that he felt the problem was prevalent with contractors working not only for the County, but for the State and City as well. Council asked that the administration attempt to arrange a meeting between Mr. Ranft with the Highway Department and the Council for S:30 p.m., on February 10. Councilman Hutto asked that Mr. Ranft be requested to report on what criteria the state con- siders in determining a working day. The new vacuum sweeper has been delivered and is now in use. The sweeper will not only be utilized during the evening hours, but will also be used during the day in residential areas where there is an accumulation of dirt and leaves. On the Bob Smith Road Storm Sewer, 1,360 feet of 72 -inch , pipe is in place which represents eighty -five (M) per cent of the 72 -inch pipe. The installation of the 66 -inch pipe across North Main has been completed, and the street should be open to traffic by 4:00 p.m. tomorrow afternoon. On the Hunnicutt Street Storm Sewer, Brown & Root has been able to complete all of the lime stabilization, and if the good weather continues, next week the crew will be rolling the street. Then, soon after that, the street will be paved, weather permitting. East District Sanitary Sewer Project Expansion - The work is approximately ninety -five (950) per cent complete with ninety -two (92 %) per cent of the time having been used. Councilman Cannon requested that city crews pay attention to repairing as many chug holes as possible. Councilman Kloesel asked that the*administration_ prepare a resolution for Council consideration, requesting that the Legis- lature move the jurisdiction of natural gas rates from the Rail- road Commission to the Utility Commission. At this point, Mayor Gentry asked anyone in the audience who thought that they might like to testify at the public hearing to be held at 7:00 p.m. to sign the register located just outside the Council Chamber. He explained further that testimony would be given according to the register and persons arriving late would be allowed ample time to register. Ordinance - Ordering Municipal Election The ordinance orders that Municipal Election for Saturday, April 2, 1977, in accordance with the State Election Law. The administration recommended approval of the ordinance. Council Kimmons moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: 6143 Minutes of the Regular Meeting - January 27, 1977 Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2165 �- AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF APRIL, 1977, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. TWO (2), THREE (3), AND SIX (6); AND THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; PRO- VIDING FOR THE ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRE- SCRIBING THE HOURS; PROVIDING FOR A CANVASSING BOARD FOR ABSENTEE BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Ordinance - Authorize Contract for Treated Surface Water Between the City of Baytown and BAWA This is the contract that Council considered prior to the January 15 election, and this is the contract that the electorate voted to approve. The administration recommended approval of the ordinance. Councilwoman Wilbanks moved for the adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2166 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO A "WATER SUPPLY CONTRACT- - TREATED WATER" WITH THE BAYTOWN AREA WATER AUTHOR- ITY, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Public Hearing to Consider the Proposed Facility Plan and Environmental Assessment for the West District Sewage Treatment Plant Improvements Mayor Gentry declared the public hearing to be in session, and identified those making up the hearing commission. (All testi- mony of said hearing was recorded verbatim. Copy of this transcript is on file in the office of the city clerk and is made a part of this official record for all intents and purposes). After the hearing was closed to oral testimony, the Mayor called a ten - minute recess. Ordinance - Lease Agreement for Office Space for Harris County Organized Crime Control Unit *Councilman Kloesel absent. After the meeting reconvened, Council considered an ordinance authorizing the lease agreement for office space for the Harris County Organized Crime Control Unit. The lease amount has increased from $1,172.00 per month to $1,289.00 per month; however, according to the liability provisions of the agreement the City will not pay any more than is received in grant money from the Criminal Justice 6144 Minutes of the Regular Meeting - January 27, 1977 Council. The administration recommended approval of the agree- ment. Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A LEASE AGREEMENT ON BEHALF OF THE CITY OF BAYTOWN TO LEASE A PORTION OF THE SECOND STORY OF THAT CERTAIN BUILDING LOCATED AT 1516 FEDERAL ROAD IN THE CITY OF HOUSTON, HARRIS COUNTY, TEXAS, AS OFFICE SPACE TO BE UTILIZED BY THE HARRIS COUNTY ORGANIZED CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Accepting Installation and Approving Maintenance Agreement for Traffic Signal for Spur 330 & Missouri Pacific Railroad Crossing This device has been installed and the highway department is asking that the City sign this agreement to take over the opera- tion and maintenance of this signal. This is normal procedure and the administration recommended approval of the ordinance. *Councilman Kloesel present. Councilman Kimmons moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Abstained: Council member Kloesel ORDINANCE NO. 2168 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF BAYTOWN, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF A HIGHWAY SIGNAL PROJECT ON SPUR 330 AT THE MISSOURI PACIFIC RAILROAD, IN THE CITY OF BAYTOWN; PRO- VIDING FOR THE EXECUTION OF SAID AGREEMENT; DE- CLARING AN EMERGENCY; AND PROVIDING FOR THE EFFEC- TIVE DATE HEREOF. Ordinance - Establishing Stop and Yield Signs at Various Locations It is the recommendation of the Council's Traffic Committee that yield signs be installed on: Bruce Drive, Buchanan Drive, Sheridan Drive, Olive Street, Colby Drive, Adams Street, and East Fayle Avenue, where those streets intersect with Narcille. The committee also recommended that stop signs be installed on South Sixth and South Seventh where those streets intersect with East Gulf Avenue, and that the stop sign presently existing for East Gulf Avenue at South Seventh Street be removed. The admin- istration recommended approval of the ordinance. r r 6145 Minutes of the Regular Meeting - January 27, 1977 Councilman Hutto moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE POSTING OF YIELD SIGNS AND STOP SIGNS AT CERTAIN INTERSECTIONS AND THE REMOVAL OF A STOP SIGN AT A CERTAIN INTER- SECTION; PRESCRIBING A MAXIMUM PENALTY OF TWO HUN- DRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Awarding the Contract for Reroofing the Community Three bids were received on January 18, 1977, for the re- roofing of the Community Building. The bid tabulation follows: BIDDER: TT27— DESCRIPTION DOWNING ROOF. COMPANY 1. Install new roof $ 25,675.00 2. Build up low areas COMPLETION 930.00 HOUSE PAINTING BENCHMARK $ LEVELING ROOFING CO. $ 19,450.00 $ 48,896.00 7,225.00 2,500.00 TOTAL BID: $ 26,605.00 $ 26,675.00 $ 51,396.00 COMPLETION TIME: 15 work days 30 work days 45 work days The low bidder is Downing Roofing Company for the sum of $26,605.00. Downing guarantees workmanship and materials for two years. Revenue Sharing Funds will be used for this expenditure. The administration recommended approval of the ordinance awarding the contract to the low bidder, Downing Roofing Company. Councilwoman Wilbanks moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Abstained: Councilman Kloesel ORDINANCE NO. 2170 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DOWNING ROOFING COMPANY FOR THE REROOFING OF THE BAYTOWN COMMUNITY CENTER BUILDING AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF TWENTY -SIX THOUSAND SIX HUNDRED FIVE AND NO /100 ($26,605.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance - Award Bid for the Purchase of Polycarbonate Signal Heads Four bids were received on January 18, 1977, for the purchase of sixteen polycarbonate traffic signal heads. Three of the bids received were NO BIDS, thus the only actual bidder was Signal Engi- neering Company for the amount of $1,996.80. The tabulation follows: 6146 Minutes of the Regular Meeting - January 27, 1977 BIDDER: UANTITY DESCRIPTION SIGNAL ENGINEERING CO. UNIT PRICE TOTAL PRICE 16 Traffic Signal Heads $ 124.80 $ 1,996.80 MFG. MAKE & MODEL: Kentron 112 LOCATION PARTS /SERVICE: Houston, TX WARRANTY: 1 Year DELIVERY (CAL. DAYS) 30 -45 days NO BIDDERS: Eagle Signal Corporation, Econolite, and Crouse -Hinds Company The administration, in comparing the.unit pfice which Signal bid to bid quotes received recently, found that this was a good bid and recommended approval of the ordinance. These signal heads will be used at the intersections of Defee and Main and Sterling and Main. Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2171 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SIGNAL ENGI- NEERING COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF POLYCARBONATE TRAFFIC SIGNAL HEADS ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing the City to Enter an Agreement with Thomas Y. Pickett & Company, Inc. for Industrial Appraisal Service The City has used this appraisal firm since 1972. Prior to that time, the firm of Pritchard & Abbott was used, but this firm no longer has an office in the Houston area. Thomas Y. Pickett has been performin satisfactorily. The City has been paying Thomas Y. Pickett 10,000.00 per year for industrial appraisal services. Last year the company did ask for $12,500.00 to perform this service, but was told that there was only $10,000.00 in the budget to cover this expenditure. This year the firm is requesting a payment of $15,000.00 to perform these services. The adminis- tration felt that this was an equitable request since a number.of plants have been added due to a new industrial district agreement and recommended approval of the ordinance. Councilman Kloesel moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None 6147 Minutes of the Regular Meeting - January 27, 1977 ORDINANCE NO. 2172 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH THOMAS Y. PICKETT $ COMPANY, INC. FOR INDUSTRIAL APPRAISAL SERVICES, AND PROVIDING FOR THE EFFEC- TIVE DATE HEREOF. Ordinance - Authorizing the City to Abandon a Portion of the American Avenue Right of Way Lee College is considering the purchase of a building located at the northeast corner of the intersection of American and South Pruett. A part of this building encroaches on city right of way on American Avenue. The encroachment is about 3.2 feet wide and 129.8 feet long along American Street. The college has asked that the City abandon this portion of the right of way. The engineering department has verified that the City has no utilities in this section of right of way; therefore, there is no reason that this property could not be abandoned. Recently, Council amended the resolution dealing with the abandonment of city -owned land to permit the abandonment of such land to the college without payment. The administration recommended approval of the ordinance which stipulates that the City will abandon the right of way, if and when Lee College acquires the adjacent property. Councilman Kloesel moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: Councilman Cannon ORDINANCE NO. 2173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS PROVIDING THAT UPON ACQUISITION OF THE ABUTTING PROPERTY BY LEE COLLEGE A PORTION OF AMERICAN AVENUE SHALL BE VACATED, ABANDONED, AND CLOSED; PROVIDING FOR THE QUITCLAIMING OF PART OF THE CITY'S INTEREST IN SAID LAND TO THE SAID LEE COLLEGE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Repealing Ordinance No. 2146 and Re- awarding the Bid for Sandblasting and Painting of Ground Storage Tank Ordinance No. 2146, which will be repealed, awarded this con- tract to Texas Crane Consultants, Inc. for $12,800.00 This company advised the administration that it could not obtain the proper bond. Therefore, the administration checked with the second low bidder, Coastal Tank Lining Company, and this company agreed to perform the contract for the bid amount of $13,895.00. The admin- istration recommended approval of the ordinance. Councilman Kloesel inquired if there would be a legal re- quirement to re -bid this contract. Mr. Richardson, City Attorney, explained that the bidding requirements had been satisfied and that the contract could be awarded to the second low bidder. Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None 6148 Minutes of the Regular Meeting - January 27, 1977 ORDINANCE NO. 2174 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RESCINDING ORDINANCE NO. 2146 AWARDING THE BID FOR THE SANDBLASTING AND PAINT- ING OF A GROUND STORAGE WATER TANK LOCATED ON BAYWAY DRIVE NEAR BAKER ROAD TO TEXAS CRANE CON- SULTANTS, INC. AND RE- AWARDING SAID BID TO COASTAL TANK LINING COMPANY FOR THE SUM OF THIRTEEN THOUSAND EIGHT HUNDRED NINETY -FIVE AND N01100 ($13,895.00) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorizing'the City to Participate in the Construction Cost of a 10" Water Line on the North Side of Rollingbrook Drive from North Main to Goose Creek At this particular time, only Council action is needed, then at a later date the administration will come back with an ordi- nance. The owners of the property located north of Rollingbrook and west of North Main are making plans for developing this property. The owners need only a 6 -inch water line to service their property, but several years ago the City and developer constructed a 10 -inch line along Rollingbrook from Garth to Creek - bend Drive. The administration feels that this 10 -inch line should be extended, and the subdivision regulations provide that in cases where the City wants a larger sized line, the City may reimburse the developer for the difference in cost between the size line originally planned and the size the City requires. This line stops just short of the bridge and would need to be ex- tended at some future date. Mayor Gentry asked what assurances were there that if the City were to expend these funds that the developer would even use the line since no plat had been presented. The mayor went on to say that the reason for the question was that the City had expended a substantial amount of funds at Decker Drive where Baker Road intersects, at-the urging of the developer, to put in sanitary sewer trunk lines to serve that area, and it was 3 -4 years before construction began and the lines are not in use to- day. Ivan Langford, III, Director of Public Works, pointed out that the developer would be making a substantial investment in the 6 -inch water line, sanitary sewer lines and a lift station; therefore, this would be a very good indication that the developer would proceed with construction. Councilman Cannon agreed with Mayor Gentry, and expressed concern that a 10 -inch line was being considered since in the future the two lines would necessarily need to be tied together and at city expense. Mayor Gentry said that he had no objection to the procedure of asking for a larger line and paying the difference, but he did object to using taxpayers' money to put in lines that have not been used and wanted to avoid getting into the same situation. Councilman Kimmons pointed out that Council would actually be voting on whether or not to allow the developer to advertise for bids, and the decision on whether Council wanted to expend these funds would be made later. Councilman Kimmons moved to authorize the developer to ad- vertise for bids on a 6 -inch line and a 10 -inch line, but with the understanding that Council would make a determination later concerning the 10 -inch line; Council Hutto seconded the motion The vote follows: 6149 Minutes of the Regular Meeting - January 27, 1977 Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Air. Lanham said that cost estimates to connect the two lines would be developed for Council consideration. Resolution - Adopting an Affirmative Action Plan for the City of Baytown Dan Savage, Assistant City Manager, briefly reviewed the pro- posed plan. He explained that since the establishment of the per- sonnel department over one year ago, the City had been trying to develop equal opportunity employment practices and procedures, and that Larry Patterson, Director of Personnel, in conjunction with these practices and procedures had developed an affirmative action plan for the City of Baytown. This plan was presented to all de- partment heads for review. Basically, the plan prohibits descrimi- nation against any individual on the basis of their political or religious opinions and affiliations, membership or nonmembership in employee organizations, or because of race, color, national origin, marital status, or other non -merit factors. The emphasis here is on hiring and promoting people on the basis of their in- vidual qualifications and merit. There are certain situations where discrimination with regard to age, sex, or physical disability is permitted when these requirements constitute a bonafide occupa- tional qualification. The plan does place the responsibility of monitoring and administering the plan with the personnel director which includes all phases of personnel management activities, in- cluding recruiting, training, conducting promotional exams, etc. The City has not been directed to develop this plan, although sev- eral other cities have. The administration felt that perhaps it would be better to develop this type plan without being instructed to do so by the federal government. This plan will give all de- partment heads and supervisors a written guide to follow. The ad- ministration recommended adoption of the resolution. Councilman Kloesel questioned whether it would be wise to spe- cifically designate a particular department head to the position of affirmative action officer, since in the future there might be someone else who would be better suited to that position. He felt that Council should retain the privilege to confirm whoever is designated by the City Manager. Councilman Kloesel said that the change should be made as follows: "That the affirmative action officer shall be designated by the City Manager and approved by the City Council." Mr. Savage pointed out that in some cities individuals are hired to assume the role of affirmative action officer; however, in the present organization of the City, it would be more econom- ical to place this responsibility with the personnel director. 1" Councilman Kloesel agreed that probably it was most feasible for the personnel director to serve in this capacity at this time, but he still felt that the appointment should be made by the City << Manager and confirmed by Council since this was a policy area. Mr. Lanham suggested that the same wording used in the charter regarding confirmation of department heads be used in the plan. Mayor Gentry suggested that the city attorney could insert the.pro- per wording and Council would have the choice of voting on the plan as submitted or of voting on the amendment. Council had no ob- jections to this suggestion, and since there was no motion to ap- prove the resolution, Mayor Gentry ruled that consideration of the item died for lack of a motion. 6150 Minutes of the Regular Meeting - January 27, 1977 Ordinance - Amending City of Baytown Personnel Rules Since this item contained wording pertaining to the affirma- tive action plan, and no motion was made to approve the ordinance, the item was passed. Resolution - Setting Forth the City of Baytown's Intent to Use a Portion of Bavland Park as a Natural Habitat This was discussed at the last meeting, and the administra- tion was directed to prepare a resolution. A resolution has been prepared to meet the requirements of the Fish and Wildlife Service, and the administration recommended approval. Councilman Kloesel moved for the adoption of the resolution; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None RESOLUTION NO. 561 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING ASIDE A PORTION OF BAY - LAND PARK TO BE USED AS NATURAL ESTUARINE HABITAT. Resolution - Encouraging the Texas Legislature to Grant a Totally Disabled Person (Sole Wage Earner) Exemption from Taxation The administration was instructed to prepare this resolution for this meeting, and also, to check with the Social Security Administration to get an estimate of the number of disabled persons in the city. There are about 450 disabled persons in the city, but this includes non - property owners and senior citizens. Councilman Kloesel stated that the resolution was fine, but he had not requested a limit on the exemption and he felt that there should be one. The city attorney explained that even in the service -related disabilities the amount of exemption is rela- ted to the amount of disability. Mayor Gentry stated that the wording "a disabled person exempt from taxation" is misleading because he didn't know of anyone who was totally exempt from taxation. Councilman Kloesel suggested that perhaps the exemption could be set at $7,000.00, but Councilman Hutto pointed out that the exemption was tied to the amount of disability. Mr. Bounds, Assistant City Attorney, suggested that since the resolution had to be directed toward a constitutional amendment to the constitution, and once the constitutional amendment is ap- proved the State Legislature would establish a set of guidelines to qualify the exemptions. Councilman Kloesel moved to adopt Resolution No. 562; Coun- cilman Hutto seconded the motion. Councilman Cannon said that it seemed as though every other meeting the Council was discussing ways to cut down on revenue and that at some point this type spending would have to be cur- tailed. He also said that he felt that this was an item which needed to be discussed at budget time. The vote follows: 6151 Minutes of the Regular Meeting - January 27, 1977 Ayes: Council members Kloesel, Hutto, and Wilbanks Mayor Gentry Nays: Council members Kimmons and Cannon RESOLUTION NO. 562 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE LEGISLATURE OF THE STATE OF TEXAS TO PROPOSE A CONSTITUTIONAL AMENDMENT GRANTING A TOTALLY DISABLED PERSON EXEMPTION FROM TAXATION. Plans and Speciciations - Authorize Advertising for Bids for Community Development Projects Ken Powers, City Engineer, discussed the plans and specifi- cations for Community Development Projects with Council. Council approved these projects several meetings ago, and the City had a ninety -day period to prepare the plans and specifications to sub- mit to the County for approval prior to the City advertising for bids. The first sheet of the plans shows the entire target area, then the individual projects are shown. The piping of Laredo, drawn on Sheets 1 and 2, will consist of 1650 feet from Texas Avenue south to the dead end of Laredo. There will also be a sidewalk on each side of Laredo and north of Texas from Monterrey up to Albert Thomas Traffic Plaza. Sheets 3 -7 show the proposed improvements in the Gulf and Humble Street areas where storm sewers will be installed along Gulf and Humble east of Laredo where these streets dead end. On Sheet 8, the piping of Republic Street is shown which runs from Laredo 700 feet to the east and that street will also be rebuilt with cement stabilized base and an asphalt overlay but no curb and gutter work is planned. In the target area, pipe will be laid on Laredo, Gulf, Humble, Re- public, Fortinberry, Granville, and Hunter. The administration requested approvel to advertise for bids subject to the County's approval of the plans and specifications. Councilman Kloesel felt that this was a good program, but questioned whether curbs and gutters should be included on parti- cipation basis. The administration had considered this possibility, but felt that since this project was federally funded, the people in the area would not be happy with being assessed part of the costs. In fact, right at this time, the City of Houston is having problems in that regard. Also, there is a problem of constructing curbs and gutters on streets that have been recently rebuilt. Councilwoman Wilbanks moved to approve the plans and speci- fications and to authorize the administration to advertise for bids subject to county approval. Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Cannon Nays: None Sale of Additional 1975 Capital Improvement Program Bonds Mr. Lanham directed Council's attention to the priority list approved in June, 1975, after the bond election. A total of $5,000,000.00 was sold to cover the projects included in Phase I. The City is getting to the point that money is needed for drainage and the same situation exists on sanitary sewers for $500,000.00 was sold and most of that has been expended toward sliplining. A 6152 Minutes of the Regular Meeting - January 27, 1977 portion of the water bond funds were expended on the Bayway Drive water lines. Some of the money ear - marked for a first -year park project has been expended. Therefore, the City needs to sell more bonds. The administration recommended that enough bonds be sold to cover the years 1977 -78 which would total $4,500,000.00. How- ever, since $1,665,000.00 will be dropped out of the schedule due to the fact that Council feels until Loop 201 is completed the Park Street Project should not be constructed. Therefore, the administration recommended that $3,665,000.00 in bonds be sold. In this new bond sale, $260,000.00 would be included for street improvement, plus the $840,000.00 remaining from Phase I. These additional funds will be needed to build the bridge and street improvement on participation basis. The administration is requesting that all the bonds for traffic signals which are scheduled for years 2 -3 be sold. Another $283,000.00 drainage bonds will be sold which will allow sufficient funding to com- plete projects underway and to complete the Kilgore Road Project. However, this will leave $450,000.00 in drainage bonds unsold which will not be sufficient to do all the work planned for the Alexander -Ward intersection, but this is the lowest priority project. The $215,000.00 in unsold water bonds that are remaining to be sold will allow for the replacement of water lines in the Country Club area. The additional $1,500,000.00 in sewer bonds would be another $500,000.00 toward sliplining primarily in the Central District, plus $1,000,000.00 toward a trunk sewer line in the East District which was discussed at the time the bonds were voted. Originally, the administration had expected to receive seventy -five (75 %) per cent federal funding; however, because of the time schedule involved to receive funding, this will not be feasible. Therefore, the administration is proposing a force main be constructed along Cedar Bayou, then construct the .line in a westerly direction to North Main to serve the area north of Massey Tompkins Road and relieve overloaded con- ditions in Chaparral Village which would allow for future development in this area. Another $755,000.00 in Parks Bonds included in this sale represents the improvements shown on the schedule. Mr. Masterson, Financial Advisor, feels that this is a good time for the sale of bonds since A -Plus Rated Bonds are selling at 5$% interest. The administration recommended Council au- thorization to work with Mr. Masterson and schedule a sale when the Financial Advisor recommends. After bids are received, the administration would make a recommendation to Council. Councilman Kimmons moved to authorize the administration to advertise for bids for the sale of bonds; Councilman Kloesel se- conded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, Ayes and Cannon Mayor Gentry Nays: None Airport Study - Proposal from Busch, Hutchison & Associates, Inc. This proposal from Busch, Hutchison & Associates, Inc. for an airport study does have FFA requirements incorporated. No money will be owed to the engineers until the grant money is received. The proposal is consistent with a previous discussion of Council, and the administration recommended approval of the proposal. Councilwoman Wilbanks moved to accept the recommendation of the administration; Councilman Hutto seconded the motion. 6153 Mintues of the Regular Meeting - January 27, 1977 Councilman Kloesel questioned the cost of the study. He felt that the $50,000.00 figure was excessive. Councilman Hutto pointed out that the proposal reads that the study was not to exceed $50,000.00. Jim Hutchison, with the firm of Busch, Hutchison, explained that it would take approximately one year to complete the study, but the City's portion would consist of only ten (10 %) per cent of whatever the cost of the study would be. A similar study was made in Texas City which cost $40,000.00 - $50,000.00. The FFA also indicated to Mr. Hutchison that the study must be very concise, that it includes a survey of every- thing now available, 2 -3 site alternates, the layout of an entire airport, plus expansion to that airport. In other words, it is a master plan to use in the initial construction and expansion of an airport. This study must be conducted according to FFA guide- lines and must be this detailed in order to receive funding. The vote follows: Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: Council member Kloesel Lighting Rear Portion of Community Building Parking Lot From 1970 Park Bond Funds, there remains $9,000.00 which the Parks and Recreation Advisory Board has recommended a portion be used to purchase two metal haylite lights to light the rear por- tion of the Community Building parking lot. The estimated cost of this purchase is $4,000.00. This will include underground wiring and metal poles. The administration requested.authoriza- tion to prepare plans and advertise for bids for the purchase of two metal haylite lights to light the rear portion of the Commu- nity Building parking lot. Councilman Kloesel moved to authorize the administration to prepare plans and advertise for bids as recommended; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Authorize Advertising of Bids for High Pressure Truck Wash for Municipal Service Center Garage Since the City purchased one side - loading and one -rear loading sanitation truck when there was money included in the budget for two side loaders, there is money remaining in the sanitation de- partment's budget. The administration recommended that these ad- ditional funds be used for the purchase of a high pressure truck wash for the Municipal Service Center garage. Councilman Kloesel moved to accept the recommendation of the administration; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Authorize Contract with Consulting Engineers for Preparation of Plans and Specifications for City Hall Heating and Air Con- ditioning System In the current budget, there is $50,000.00 included to correct the problem with the heating and air conditioning system at the City Hail. The administration conferred with Les McDonald con- cerning this problem and asked for a proposal. Such proposal has 6154 Minutes of the Regular Meeting - January 27, 1977 been received from M $ M Engineering Company, which is owned by McDonald and Mann, both of whom are Baytown citizens. This company performed the mechanical work on the library. Councilman Kloesel moved to authorize the contract with M & M Engineering Company for preparation of plans and specifications for City Hall heating and air conditioning; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Driveway Correction Policy The administration has been receiving calls from individuals whose automobiles drag as they go in and out of their driveways. The situation is especially bad on two streets which were over - layed approximately two years ago, Sterling and Defee. However, the problem exists in other areas where the City has overlayed the street or in some cases the problem exists because of newer model automobiles that are lower. Various possibilities have been considered. The best solution would be to go in and re- build the driveways, and reduce the grade, but the cost would be prohibitive. The administration has experimented with placing plastic pipe in the gutters and covering the pipe with asphalt, but this method has proved unsatisfactory. However, when steel pipe was used in place of the plastic pipe, satisfactory results were obtained. Therefore, the administration is recommending a policy of installing metal pipe in driveways with asphalt covering, after an engineering investigation and determination that the problem was caused by the city, and only upon request of the property owners. Councilman Kloesel moved to accept the recommendation of the administration; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Ditch Cleaning Projects in Old Baytown and Busch Terrace Areas Councilman Kloesel had requested that this item be placed on the agenda and requested that the Busch Terrace area be deleted from discussion because a previous item had corrected that prob- lem. He asked that the administration consider moving into the Old Baytown area, that being Cherry, Pine, Magnolia, Cypress, and Cedar Streets sooner than previously anticipated. This program will be included in the funding for 1977 under Community Develop- ment Grant Funds, but at this time the administration has no in- formation as to when the funds will be available or the amount that will be available. Councilman Kloesel determined that the matter could be discussed at a later date when more information would be available. Placement of Dumpsters in Various Locations for Garbage and Trash Pickup Councilman Kloesel asked that this item be deferred to another meeting. Discuss Sewer Breakdown on Kentucky Street and Between Magnolia and Cypress Streets The City Manager reported that on the Cypress - Magnolia Street breakdowns a manhole has been installed downstream on this line 6155 Minutes of the Regular Meeting - January 27, 1977 to aid city crews in cleaning the line and clean -outs will be re- built at the end of the lines to allow for a better job of cleaning. On Kentucky Street complaints have been received over the years and since there is no way to determine what the problem is, the ad- ministration recommended televising the line in the next contract that is let for that purpose. Council voiced no objections to this suggestion. Demolition of Abandoned Building at 3306 Minnesota Street Councilman Kloesel referred to a request from Baytown Volunteer Station No. 2 to move with haste in having the building formerly known as the Stewart Hotel demolished. Jack Cramer, Building In- spector, received an estimate of $15,000.00 to demolish the building, but Councilman Kloesel had spoken with an individual who seemed to think that with the aid of a large dozer, the building could be demolished at a lower cost. There is $3,000.00 included in the budget for the demolition of buildings and $10,000.00 in Revenue Sharing Funds. A number of letters have been mailed to owners of dilapidated buildings in residential areas. The Urban Rehabilita- tion Board has been concentrating on residential areas rather than commercial. Demolition of commercial structures costs a great deal more than demolition of residential structures. Councilman Kloesel asked that this matter be referred to the Urban Rehabilitation Re- view Board for further consideration. Reduction of Sewer Rates Councilman Kloesel had asked that this item be placed on the agenda and said that his intent in doing so was to make certain that in going to surface water, the cost of water is based on volume and not cost. Mr. Lanham verified that the increased costs of sur- face water would not affect sewer rates. Mass Transportation Between Bavtown and Houston Councilman Kloesel said that with federal funds available., he felt that various possibilities should be studied in order to pro- vide mass transportation between Baytown and Houston. He mentioned the fact that with the modern rail conveniences, perhaps the rail- road companies should be contacted in this regard. Mr. Lanham said that Mike Weaver, Transportation Planner for the City of Bay- town, was working with Tranportation Planners in other cities. Extension of Beech Street North Over Railroad Tracks and Addition of Lynchburg Road to Street Improvement List Councilman Kloesel requested that this item be referred to the engineering department. Suspension of Operation of Rate Schedules for Natural Gas Pro- posed by Entex, Inc. Pending Hearing and Determination by Council Councilman Hutto moved that the operation of the rate schedule for natural gas proposed by Entex, Inc. by virtue of its Statement of Intent to change rates dated December 27, 1976, be suspended pending hearing and determination by Council, and further, that the administration be directed to deliver a written statement of this action to Entex containing the reason for such suspension; Council- man Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None 6156 Minutes of the Regular Meeting - January 27, 1977 Committee Reports None. Unfinished Reports None. Recess and Reconvene Council recessed into executive session to discuss personnel matters. When the open meeting reconvened, Councilman Kimmons moved to appoint Mr. Harry Hartman to the BAWA Board to fill the vacancy left by the transfer of Mr. Paul Jason. Mr. Hartman has indicated a willingness to serve in this capacity. Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Abstained: Councilman Kloesel Adj ourn There being no further business to transact, Councilman Cannon moved to adjourn; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Eileen P. Hall, City Clerk r