1977 02 10 CC Minutes6157
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 10, 1977
The City Council of the City of Baytown, Texas, met in regular
session, Thursday, February 10, 1977, 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 Cannon.
Approve Minutes
Councilman Kimmons moved to approve the minutes of the special
meeting of January 24, 1977, and the regular meeting of January 27,
1977, and ratification of actions taken at said meetings; Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
Petitions
None were presented at this time.
City Manager's Report
Bob Smith Road Storm Sewer Project - All of the 72 -inch pipe
has been installed, which is about 1300 feet of pipe located on the
south side of Bob Smith Road. The crossing of the 60 -inch pipe
which is approximately 500 feet east of North Main is in place, and
the contractor is starting to install the remainder of the 60 -inch
pipe from North Main to the crossing. The contractor is moving
along on schedule.
East District Sewage Treatment Plant - Ninety -seven (97 %) per
cent of the work is complete with ninety -six (960) per cent of the
time having been used. Council awarded a second contract for work
l in connection with the East District Sewage Treatment Plant for
sludge dewatering facilities. The work order has been issued in
this regard and work began February 7th with a completion date of
April 3, 1978.
Community Building - The contractor is in process of replacing
the roof on the Community Building. The crew worked the first part
of last week and the first three days of this week.
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Minutes of the Regular Meeting - February 10, 1977
The City Council and administration have been invited to
participate in a function at the Bicentennial Park at 11:00 a.m.
on Saturday, February 19. Approximately forty city officials and
representatives of the Heritage Festival Committee from Nederland
will be in Baytown on a goodwill tour which is being conducted in
conjunction with their annual Heritage Festival.
Councilman Kloesel has requested estimates for a few items:
One item was the extension of Beech Street across the Southern
Pacific tracks and then over to Lynchburg. The estimated cost
for this project is $3,000.00 which does not include any extra
construction or extra costs that the railroad might impose in
granting a permit, that is if the railroad will grant a permit.
Councilman Kloesel indicated that he was interested in following
this matter up but not at this time. The second item was an esti-
mate of the costs to rebuild Lynchburg from Airhart to where the
State project will end. The estimated cost for this project is
approximately $20,000.00. The reason this street has not been
paved previously is that it has been part of the Spur 201 plans
for many years. Mr. Lanham pointed out that Lynchburg would not
be as it is now when the State has completed their work in this
area on Spur 201, and that possibly the City should consider con-
necting Airhart to the new section which will involve paving a
portion of Lynchburg.
Along with the estimates on the two street projects, Council-
man Kloesel had also requested estimates for a scattered site
refuse container program. An estimate based on ten 8 -yard con-
tainers and one front -end loader and driver, along with mainte-
nance, operational and disposal costs equaled approximately
$86,000.00 for the first year and an estimate of approximately
$20,000.00 per year until new equipment would have to be purchased.
In response to a question regarding heavy appliance pick up,
Mr. Lanham explained that these type pick ups were made quickly,
and that he suspected the dumping on Evergreen Road and other
areas was done by non - residents of Baytown.
At the last Council meeting, Council held a hearing on the
Facility Plan for the West District Sewer Improvements. In order
to review the results of this hearing and to discuss estimates to
construct an effluent line to the San Jacinto River, Council set
a work session for 5:00 p.m., Wednesday, February 16. In this
regard Councilman Hutto requested that the administration obtain
information from the old permit indicating the route planned at
that time.
Petitions
At this time, Mayor Gentry asked if Mrs. Joycelyn Wesselhoft
was present in the audience since he had been told that she in-
tended to present a petition. Mrs. Wesselhoft was present, along
with Mrs. Ann Sanders, a member of the Baytown Senior Citizens
Nutrition Center, who on a day last week purchased a card of
thanks for presentation to the City Council and who had furnished
sheets for the senior citizens at the nutrition center to sign
for presentation to City Council. Mrs. Wesselhoft read the card,
then presented it along with the signatures to the City Council.
Councilman Lander moved to accept the petition; Councilwoman
Wilbanks seconded the motion. The vote was unanimous to accept
the petition.
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Minutes of the Regular Meeting - February 10, 1977
City Manager's Report
When Mayor Gentry asked if there were any questions or comments
regarding the City Manager's report, Councilman Kloesel asked that
the extension of Beech Street be placed on the agenda and that
Southern Pacific representatives be contacted for an opinion in this
regard. In the discussion that followed, it was decided that the
matter would be referred to the Council's Traffic Committee, who in
turn would make a recommendation to Council.
Introduction of Sterling High School Civics Day City Council
Mayor Gentry recognized Mr. W. C. Smith, government teacher at
Sterling High School, who explained that 140 students participated
in the Civics Day Program, and that of this group the students had
elected a City Council as follows:
Diedre Domes
Eric Wooddell
Tommy Smith
Carla Cloudt
Troy Donato
Johnny Willey
Chris Primeaux
Mayor
Councilman
Councilman
Councilwoman
Councilman
Councilman
Councilman
Also, Mr. Charles Jackson served as City Manager and Debra
Lanham as City Attorney.
Mr. Smith thanked the administration for giving the students this
firsthand view of local government in operation.
Otis Graham - Request to Appear
Mr. Graham was unable to appear.
Plans and Specifications for Modifications of the City Hall
Heating and Air Conditioning System
At the last meeting, Council authorized a contract with the
M & M Company to prepare plans and specifications for modifications
of City Hall air conditioning and heating. Mr. McDonald appeared
to review preliminary plans with Council, so that if Council approved,
detailed plans and specifications could be drawn. Mr. McDonald re-
viewed the existing system for Council. The existing system is a
chilled water -hot water system, which consists of a 92 -ton filter
and a 1,750,000 BTU hot -water boiler on a two -pipe system: This
simply means that it is either hot or cold because both heating and
cooling cannot be done concurrently. The City Hall has five air -
handling vents which serve the complex. There are four vents on the
main floor and one in the basement, all of which are on this two -pipe
system which either heats or cools. M F M Company is proposing to
convert the system to a four -pipe system which would involve in-
stalling a cooling coil and heating coil in three of the air handlers,
the one that serves the Council Chamber, the one that serves the
lobby, and the one that serves the basement. The two end air handlers
which serve the office areas need to be multi -zone systems, and the
consultants propose to leave the cooling coils in the air handler and
install terminal ridged coils to provide adequate zoning. The zoning
would break into five zones on the side of the building where the Con-
ference Room is located and into twelve zones on the other side of the
building which should adequately control temperature. A second pipe
system would necessarily be installed, along with replacement of de-
teriorated pipe. A new hot -water pump would be installed with a new
set of temperature controls for an estimated cost of $50,000.00.
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Minutes of the Regular Meeting - February 10, 1977
Council did ask if the consultants had considered using the
two -pipe system strictly for cooling and installing electric
heating units at the air handlers for heating. Mr. McDonald
said that if the City Hall did not have the hot -water boiler,
this method would be the most economical, but since the hot -
water boiler was available, the consultants felt that the proposed
method would be more feasible.
Mr. LeFevre, Director of Finance, was curious if the air
conditioner in the computer office would be eliminated. Mr.
McDonald said that this air conditioning unit was an additional
load which would not be affected by the installation of the new
four -pipe system.
The administration recommended the consultants be authorized•
to proceed with detailed plans and specifications for the project.
Councilman Kloesel moved to accept the recommendation of the
administration; Councilman Kimmons seconded the motion. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
Resolution No. 563 - Adopting the Affirmative Action Plan of the
City of Baytown
The Affirmative Action Plan was discussed at the last Council
meeting. The administration was asked to change the portion deal-
ing with the appointment of the Affirmative Action Officer so
that this appointment would be made by the City Manager subject
to the approval of City Council as in the case of department heads.
The administration recommended adoption of this resolution with
the proposed change.
Councilman Kloesel moved that the City Council adopt the Af-
firmative Action Plan as amended; Councilman Hutto seconded the
motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 563
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ADOPTING THE "AFFIRMATIVE ACTION
PLAN" FOR THE CITY OF BAYTOWN.
Ordinance - Amendine the City of Baytown Personnel Rules
Dan Savage, Assistant City Manager, stated that in May, 1976,
Council adopted a new set of personnel rules, and at this time,
the administration was recommending four changes. The first
change was effected by the adoption of Resolution No. 563. The
second change is a change in overtime policy due to the fact the
National Fair Labor Standards Act no longer affects cities. This
means that an employee may now receive time and one -half or com-
pensatory time for overtime. The third change will affect vaca-
tion accrual in that an employee may accrue only up to two times
his annual vacation time. This change is necessary due to :.the
change in the vacation policy which provided graduated vacation
schedules up to 25 days per year, when in the past employees had
vacation set at 15 days per year. In other words, employees who
receive 10 days vacation per year may accrue up to 20 days vaca-
tion, employees who receive 20 days per year may accrue up to 40
days, with the largest amount of possible accrual being 50 days.
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Minutes of the Regular Meeting - February 10, 1977
The fourth and final change affects the sick leave policy, in that
a person who terminates prior to completion of the six -month pro-
bationary period would not be paid for accumulated sick leave.
The administration recommended approval of the ordinance.
Councilman Hutto moved for the adoption of the ordinance;
Councilman Lander seconded the motion.
Councilman Cannon felt to change the personnel policies to
allow an individual who recieves 25 days vacation time per year
to accrue up to two times that amount or 50 days would be excessive.
He felt that a person should be encouraged to-.take vacation and
asked if this accrual would be at the discretion of the City Manager.
Mr. Savage explained that this accrual would be strictly up to the
employee and that anything over two times the yearly rate would be
lost. This policy would allow the administration more flexibility
in scheduling vacations because the manner in which the policy is
now written provides that a person who receives 25 days per year
must take his vacation immediately after his anniversary date since
he may only accrue 30 days. This works a hardship in some depart-
ments where there are several people who receive 2S days per year.
Mayor Gentry pointed out that in some instances there would
be a problem of a person accruing 50 days vacation, plus 90 days
of accrued sick time for which the city would necessarily have to
pay in the event of separation either due to retirement or resigna-
tion. Mr. Lanham said this was true, but this change would only
continue the policy which had been in existence when all employees
received 15 days per year vacation. He explained further that as a
practical matter employees usually use all of their vacation time
and that the administration encouraged this practice.
Councilman Cannon favored moving an employee's vacation to
January 1, no matter what the hire date so that the anniversary
date for vacation purposes would be January 1 each year and upon
separation, time differences could be made up. He felt that this
would resolve scheduling problems. Councilman Cannon also stated
that he was very hesitant to allow any employee to accrue 50 days
vacation.
Councilman Hutto felt that this policy would be an advantage
to the administration for scheduling purposes and said that he had
no reservations about an employee being paid upon termination for
accrued vacation and sick time since he felt that this probably
would be an incentive to increase tenure.
Councilman Lander said that as a possible compromise perhaps
Council might want to look at continuing the present policy.
Councilman Cannon said that he would like to look at changing
the eligibility date.
Mayor Gentry asked if the proposed policy would allow the ad-
ministration more flexibility in scheduling vacation. Mr. Lanham
said that not only would this procedure allow more flexibility in
scheduling, but the employees who receive 25 days per year would
be treated more fairly under this policy.
Councilman Kloesel commented that he was in favor of allowing
the employees to accrue the vacation time; however, he was of the
opinion that the policy should be written to state that this accrual
would be strictly on a voluntary basis. He also stated that he
realized that the new policy stated, "Employees shall be encouraged
to use a substantial portion of their vacation leave each year,"
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Minutes of the Regular Meeting - February 10, 1977
but during times of heavy work loads some employees might not
take vacation. Mr. Lanham explained that the policy provides
for departments to schedule vacation, but that these vacations
must be scheduled giving due consideration to the needs of the
city service and the.interests of the employee. Besides this,
department heads may not grant extended vacation time without
the approval of the City Manager and that has not been the prac-
tice because the administration feels that all employees should
take vacation. If an employee feels that he is being treated
unjustly, there is a grievance procedure which may be followed,
but no employee has ever made such an appeal.
Councilman Kloesel said that he was not trying to infer
that a problem existed, but in scheduling he wanted the employee
to be certain that his vacation would be scheduled during the
anniversary year. Councilman Kloesel moved to table action on
Proposed Ordinance No. 70210 -1 until the next meeting; Council-
man Cannon seconded the motion. The vote follows:
Ayes: Council members Cannon and Kloesel
Nays: Council members Lander, Kimmons, Wilbanks, and Hutto
Mayor Gentry
Council then considered the original motion. The vote
follows:
Ayes: Council members Lander, Kimmons, Wilbanks, and Hutto
Mayor Gentry
Nays: Council members Kloesel and Cannon
ORDINANCE NO. 2175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING THE "CITY OF BAYTOWN
PERSONNEL RULES" BY AMENDING CHAPTER 1, SECTION
2, EQUAL OPPORTUNITY POLICY; CHAPTER 7, SECTION
3, OVERTIME; CHAPTER 8, SECTION 2, VACATION;
AND CHAPTER 8, SECTION 3, SICK LEAVE; PROVIDING
A REPEALING CLAUSE; AND PROVIDING FOR THE EFFEC-
TIVE DATE HEREOF.
Ordinance - Calling Public Hearing on Annexation of Chaparral
Village, Section Nos. 4 & 5
The administration has received a letter from Leroy Walker,
Developer of Chaparral Village, Section Nos. 4 and 5, requesting
that this property be annexed into the City.
Councilman Cannon expressed concern regarding annexations
which cause the city boundaries to be uneven. He stated that he
had expressed this same concern in the past. He felt the devel-
oper should have requested that all this property be annexed to
begin with since this is the third or fourth annexation for this
subdivision.
Mayor Gentry pointed out that as the city moves northward,
more and more people would be requesting to be annexed, and he
did not feel that the city would be in a position to refuse to
annex these areas because of the shape of the property or to set
a policy of annexing unimproved property for which the owner
would not want to pay taxes.
Councilman Cannon said that the city incurred certain ex-
penses each time property was annexed. Councilman Kloesel
pointed out that once a subdivision was annexed the city had the
responsibility of tieing in water and sewer services, along with
providing fire and police protection which would not be too ex-
tensive in a small area, but could be quite substantial in a
large area. He also stated that any time that the city had to
provide public works services to annexed areas, then other areas
were neglected. For these reasons, Councilman Kloesel said he
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Minutes of the Regular Meeting - February 10, 1977
would be opposed to the annexation of undeveloped areas.
Councilman Hutto pointed out that there would be 100 homes
constructed in this area which would cost in excess of $50,000.00,
and this would be a substantial increase in tax dollars for the
city. Also, it was pointed out that as the homes were constructed,
there would be the added advantage of having the City of Baytown's
Inspection Officer inspect these homes. Mr. Lanham also pointed
out that in the administration's recommendation for a bond sale,
it was recommended that sewer lines be constructed to service this
area and that perhaps it would be a good idea to annex the property
at the time these lines are constructed.
Councilman Kloesel said that he felt a public hearing should
be held on the proposed annexation and moved for the adoption of
the ordinance setting the hearing for February 27, 1977. Council-
man Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2176
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR
A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF
CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS;
AUTHORIZING AND DIRECTING THE CITY CLERK TO PUB-
LISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Ordinance - Accepting the Provisions of the State Department of
Highways and Public Transportation Minute Order No. 72169
Minute Order No. 72169 covers the next phase of the Bayway
Drive Improvement from Crow Road to southeast of where Park Street
intersects Bayway. In their letter, the State refers to Park as
Wooster -Cedar Bayou Drive. This project will alleviate the excess
traffic situation on Park Street from the refinery traffic. The
State will be reconstructing the bridge for this project and the
City of Baytown will be responsible for acquiring necessary right
of way. The City is now constructing bridges to a height of 16
feet; therefore, probably the State should be asked to construct
this bridge to that height. The school district owns land on one
side of the project so there should not be a great deal of diffi-
culty in obtaining this right of way. The administration recom-
mended approval of the ordinance adopting the minute order.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2177
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE PROVISIONS OF MINUTE
ORDER NO. 72169 ADOPTED JANUARY 20, 1977, BY THE
TEXAS HIGHWAY COMMISSION WITH REGARD TO THE IM-
PROVEMENT OF BAYWAY DRIVE FROM CROW ROAD TO .01
MILE SOUTHEAST OF WOOSTER -CEDAR BAYOU DRIVE, AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
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Minutes of the Regular Meeting - February 10, 1977
Ordinance - Awarding Concession Bid for the Baytown Sports Complex
Only one bid was received for the concession at the Baytown
Sports Complex which has been the case for the last two years.
John Adams Concessions bid fifteen (15 %) per cent of the gross in-
come from the concessions which is the same contract as last year
with the exception that last year the bid was fifteen (15 %) per
cent or $1,500.00 whichever was greater. The income last year was
$1,800.00, so this year that provision was eliminated. The ad-
ministration recommended approval of the ordinance.
Councilman Hutto moved for the adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
Abstained: Councilman Kloesel
ORDINANCE NO. 2178
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE
CITY MANAGER AND THE CITY CLERK OF THE CITY OF
BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH
JOHN ADAMS CONCESSIONS FOR THE CONCESSION AT THE
BAYTOWN SPORTS COMPLEX (EXCLUDING THE SWIMMING
POOL) AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Resolution - Encouraging the Texas Legislature to Grant the
Public Utility Commission Power and Jurisdiction to Regulate
Every Public Utility Providing Services to City Residents
Councilman Kloesel requested that this resolution be pre-
pared and as prepared, it would apply to both gas rates and
municipal water rates.
Councilman Kloesel moved for the adoption of the resolution.
Neel Richardson, City Attorney, asked to make an explanation
prior to obtaining a second due to the fact that the explanation
might affect the second. He explained that the resolution was
drafted so that as far as gas rates are concerned, the resolution
would only affect the gate rate. Pursuant to the Public Utilities
Regulatory Act, the Railroad Commissi -on only has original juris-
diction over gate rates, not burner tip rates. Burner tin rates
are controlled by City Council. This resolution deals with
only the rates over which the Railroad Commission has jurisdiction.
Councilman Cannon asked if by the resolution, the City Coun-
cil would be encouraging the Public Utility Commission to regu-
late city rates. Councilman Kloesel said what he was hoping to
accomplish by this resolution was to regulate the rates that would
be charged by BAWA. Mayor Gentry intervened at this point and
asked if there was a second to the motion before continuing with
discussion. Councilman Cannon seconded the motion for the purpose
of discussion.
Mayor Gentry mentioned that when a delegation from the City
of Baytown was in Austin two weeks ago, regarding the bill being
introduced which would affect what rice farmers in Harris County
would be charged for permit under the Subsidence District Act,
a bill was introduced and discussed; and there was a hearing on
it before the-house. This bill dealt with the price of water,
specifically from the City of Houston to the small surrounding
'�1
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Minutes of the Regular Meeting - February 10, 1977
municipalities. These small municipalities were concerned that
they would be at the City of Houston's mercy; therefore, a bill
was introduced by one of their local legislators to have the
Public Utility Commission regulate these rates. The Committee
on Natural Resources said that the Texas Water Rights Commission
was already authorized to regulate these rates and that the Public
Utility Commission was overloaded now. Mayor Gentry said for this
reason he doubted that the Committee on Natural Resources would
act favorably on this resolution.
Councilman Kloesel said that even so he was interested in
focussing attention on this problem.
Councilwoman Wilbanks said that as the resolution was written,
it appeared to affect all municipal water rates and asked if the
wording could be changed to agree with what Councilman Kloesel was
saying concerning one city selling to another.
Councilman Kloesel said that he was interested in the resi-
dents having protection on the costs of water.
Councilman Lander said that the residents did have protection
in that they could vote to replace the Council. Also, he pointed
out that Council needed to be careful since BAWA could be selling
water to other communities and would Council want to have BAWA
regulated by the Utility Commission. Then, he added that personally
he did not.
Mayor Gentry referred the bill which he had mentioned earlier.
He said that even though this bill was supposed to be designed for
the City of Houston, the City of Dallas had a representative of
their public works department appear to oppose this bill, who said
that this bill would cause problems with the contracts between the
City of Dallas and their consumers. This representative of the
City of Dallas also said if Houston had problems these problems
should be confined to the Houston area.
Council Kloesel said that citizen's could not reach BAWA be-
cause the Board met in the morning. Councilman Lander said that
the citizens could reach BAWA because the City Council controlled
BAWA. Councilman Kloesel said that he wasn't certain that a citi-
zen would get results from City Council. Councilman Lander responded
that a citizen would certainly get better response from the local
Council than from a State regulatory body. Councilwoman Wilbanks
called for the question. The vote follows:
Ayes: Councilman Kloesel
Nays: Council members Lander, Kimmons, Wilbanks, Hutto, and
and Cannon
Mayor Gentry
Resolution - Adopting Target Areas and Proposed Projects for 1977
Community Development Projects
Council approved plans and specifications for the 1976 program
recently, and the plans and specifications have been forwarded to
the County Engineer. When approval is received from the County,
the City will advertise for bids.
The proposed resolution adopts target areas for the 1977 Com-
munity Development Program and sets out proposed projects. The
administration was advised that for planning purposes $500,000.00
could be used. The target areas will be the same as 1976 with one
addition, Rio Vista. Page 2 of the resolution sets out the projects
being recommended, along with cost estimates. Mr. Lanham pointed
out that Item No. 1 included items discussed with residents of
Central Heights several months ago. A large delegation appeared
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Minutes of the Regular Meeting - February 10, 1977
with regard to standing water. The engineering department has
devised a plan to eliminate this problem by cutting out the
existing curb and a portion of the street and repouring to the
roper grade. The estimated cost for Item No. 1 is approximately
p$150,000.00. Item No. 2 consists of -completely rebuilding Chesa-
peake Street. This street was included in the 1977 Street Im-
provement Program; therefore, the administration recommended that
Chesapeake be included under the 1977 Community Developemnt Pro-
jects and that another street be added to the 1977 Street Improve-
ment Project.
In response to a question from Council, Mr. Lanham explained
that this would actually delay construction on the street, but
the City planned to do some drainage work in the area also, and
the funds must be spent in areas such as this.
Item No. 3 is necessary in order to accomplish Item No. 1,
that is the construction of storm sewers to alleviate drainage
problems. Storm sewers will be constructed along Atlantic and
along West Humble. Also, there would be drainage improvements
along Airhart from West Texas Avenue to Park Street. A pedestrian
way will be constructed from West Texas to Park Street. Two other
items are draina a projects in the Rio Vista area. These projects
total more than 50,000.00. If funds are not received to cover
the overage, then some projects will have to be eliminated.
Mr. Lanham said that the deadline for submitting this reso-
lution is February 1S, and the administration recommended approval
of the resolution.
Councilman Kimmons moved for the 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
RESOLUTION NO. 564
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, DESIGNATING THE TARGET AREA AND
PROPOSED USES FOR COMMUNITY DEVELOPMENT ACT FUNDS
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Amend Personnel Allocation In Police Department to Provide
Positions for Two Assistant Chiefs
This item was discussed in executive session at the last
Council meeting. At that time, the administration requested
authorization to delete one patrol position and add another as-
sistant chief's position. One assistant chief woula be respon-
sible for service functions and the other would be responsible
for line functions. The cost for this would be approximately
$6,000.00 on a twelve- months basis, but for the remainder of
this year the cost would be $4,000.00. The administration .felt
that with two assistant chiefs the Police Department would func-
tion at a higher degree of efficiency and recommended approval
of this change in the budget deleting one patrolman's position
and adding one assistant chief's position.
Councilman Hutto moved to accept the administration's rec-
ommendation; Councilman Cannon seconded the motion.
Councilman Hutto said that he had noticed that the addi-
tional assistant chief was a day shift position and that he felt
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Minutes of the Regular Meeting - February 10, 1977
if the City had two assistant chiefs, one should be assigned to
the night shift due to lack of supervisory personnel at night.
Mayor Gentry asked to speak to that comment. He said that
he had occasion to be at the police department last night after
midnight and there were a lot of people in authority there. Mr.
Lanham explained that prior to Chief Turner, the highest ranking
officer on duty at night was sergeant, but now lieutenants were
on duty at night. Chief Turner assured Council that there were
persons on night duty with the authority to handle any situation
For instance, a lieutenant can take personal appearance bonds or
accept checks so that an individual does not have to remain in
jail.
Councilman Kloesel said that he felt that there was too much
overhead in this department, as well as other departments. He
also said that the Chief should deal with principal line super-
visors, rather than placing an assistant between himself and his
supervisors.
Chief Turner said that the second assistant chief's position
would help free his time so that he could concentrate on what was
happening in the city and to obtain feedback from the public.
Councilman Hutto said that the Chief should be commended for
the job he has done in the short time since his appointment;
Council concurred. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: Councilman Kloesel
rCommittee Reports
Councilwoman Wilbanks reported to Council that she had at-
tended a Transportation Policy Committee Meeting with the National
Association of Regional Councils in Washington last week, as Bay -
town's representative on H -GAC. There were some thirty states
represented in this meeting. She said that from the information
presented, she felt that the Texas Highway Department does listen
and communicate with regional planning agencies and local planning
authorities a great deal more than other state highway departments,
and that we are fortunate in this respect. The delegates discussed
how federal, state, and local transportation agencies could work
more smoothly to provide transportation. Also, the delegates dis-
cussed the possibilities of establishing two funds for highway
monies: one, for maintenance and the other for new construction.
In response to Mayor Gentry's question regarding the release of
highway funds, Mrs. Wilbanks said that there was no indication that
these funds would be released.
Councilman Cannon reported that the Council's Traffic Committee
had met and deferred action on the closing of Durrain -Ferry Road
until the State completes construction. Approximately eight citi-
zens appeared to ask that the street be closed and one requested
that it remain open. Councilman Cannon explained that the Committee
felt that after the State completed construction and if the City
decided to close the street, then there would be no additional costs
to the City to do so. Also, the feeder street will have two -way
traffic during construction; therefore, Durrain -Ferry Road should
be closed during that period, but the committee felt that after
Spur 201 was completed the closing should be considered after some
study of traffic patterns.
6168
Minutes of the Regular Meeting - February 10, 1977
Councilman Kloesel asked that the closing of Durrain -Ferry
Road be placed on the next agenda for consideration.
Unfinished Business
None.
Recess and Reconvene
Mayor Gentry recessed the meeting into executive session to
discuss pending legal matters. When the meeting reconvened,
Council considered the setting of a date for public hearing on
Entex's request for rate adjustment.
Councilman Kimmons moved to set the hearing on Entex's re-
quest for rate adjustment for 7:15 p.m. on Thursday, February 24.
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Kloesel, Kimmons, Lander, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
Mayor Gentry asked Mr. Lanham if there was another matter
to be discussed. Mr. Lanham said that a few weeks ago a citizen
came in inquiring about sewer service. This person intended to
move a mobile home on a lot on Lee Drive. After checking the map,
a determination was made that there was a sewer line located in
this area and a permit was issued. The man went to the expense of
constructing a sewer line to the street only to discover that
there was no line there, and after checking the administration de-
termined that there was no practical way for the City to provide
this service. Therefore, the man has now built a septic tank to
service his home and has submitted a bill to the City for the
amount of $436.29. The administration felt this to be a reason-
able claim and requested authorization to reimburse this amount.
Councilwoman Wilbanks moved to accept the recommendation of
the administration; Councilman Hutto seconded the motion. The
vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Nays: None
Councilman Kloesel asked if there was a specific date that
the City needed to respond to other cities on this gas rate request.
The City Attorney said that a date was set, but he did not
feel that it was critical. Mayor Gentry asked the City Attorney
to respond that the City Council had set a date for a hearing and
that a determination would be made at that time.
Adj ourn
There being no further business to transact, Councilwoman
Wilbanks moved to adjourn the meeting; Councilman Hutto seconded
the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
EILEEN P. HALL, City Clerk