1977 03 10 CC Minutes6186
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 10, 1977
The City Council of the City of Baytown, Texas, met in
regular session, Thursday, March 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 invoca-
tion was offered by the Reverend Gordon Ramey, Pastor of the
First Church of God.
Approve Minutes
Councilman Kloesel moved to approve the minutes of the
regular meeting of February 24, 1977, and ratification of
actions taken concerning each of the matters listed on the
agenda of said meeting. Councilman Kimmons seconded the motion.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
and Hutto
Mayor Gentry
Nays: None
Receive Petitions
Mr. Lanham, City Manager, presented Council with a peti-
tion which had been signed by 191 employees of the City. In
this petition, three requests were made:
1. That a merit system be established in addition to
general across the board increases and longevity
increases;
2. That longevity pay be increased from $2.00 per
month for each year of service to $4.00 per month
for each year of service with a 25 -year service
limit, which is what Civil Service employees are
currently receiving;
3. That employees be paid for all accumulated sick
time upon retirement. Presently, there is a 90-
day limitation.
*Allen Cannon present.
The employees who signed the petition requested that the Admin-
istration be directed to develop cost figures with regard to
implementing these requested changes so that due consideration
could be given in the 1977 -78 Budget.
Councilman Kloesel moved to accept the petition; Council-
man Hutto seconded the motion.
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Minutes of the Regular Meeting - March 10, 1977
Councilman Lander suggested that when the cost figures were
developed, the Administration should check on what other cities
are doing in this regard.
Councilman Kloesel said in that event he would make a motion
to direct the Administration to prepare the cost figures involved
and to put that item on the next agenda. Mayor Gentry said that
Council already had a motion and second before it.
Council asked when the information would be needed for bud-
get preparation, and Mr. Lanham responded that budget preparation
would begin in July. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
Councilman Kloesel then moved to direct the Administration
to prepare the cost figures regarding the petition and present
these figures to Council within 60 days for review; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Kloesel, Wilbanks, and Hutto
Nays: None
Abstained: Council members Lander, Kimmons, and Cannon
Mayor Gentry
Councilman Kloesel requested that Item Nos. 12 $ 13 be
moved up on the agenda after the city manager's report so that
citizens present in the audience who were interested in these
items would not be inconvenienced. Council had no objections.
City Manager's Report
Community Development Grant Projects - Bids will be re-
ceived March 29 for Community Development Grant Projects, and
the Administration will present a recommendation at the first
meeting in April.
1977 Street Reconstruction Program - The Administration has
not advertised for bids on this project, but will do so and will
have a recommendation for the April 28 meeting.
City Auction - The City auction is scheduled for Saturday,
March 26.
Sliplining Projects - The contract is 61% complete. The
contractor is currently working on the 6 -inch line between Pearce
and Gulf which should be completed next week. The contractor will
then move to the McPhail - Walker Street area.
East District Sewage Treatment Plant - This contract is 99%
complete with minor items of work remaining such as the road and
fencing. Modifications to the old unit have been completed, and
the new section which has been in service since December 9 is
functioning properly.
Bob Smith Road Storm Sewer - The contractor is nearing com-
pletion of the work near North Main Street. Of the 3,800 feet
of pipe which was to be installed, 300 feet remains to be installed.
Senior Citizens - The City of Baytown's application for funds
to continue the Senior Citizens Transportation Program has been
reviewed and approved by the Project Review Committee. The appli-
cation now goes to the City Council of the City of Houston for
final approval. The City of Houston receives all grant funds for
sub - grants to other units of government.
6188
Minutes of the Regular Meeting - March 10, 1977
Airport Planning Funds - The City of Baytown's application
for airport planning funds has been approved by the H -GAC Pro-
jects Review Committee and is on the agenda for the H -GAC Execu-
tive Committee for March 15.
Slide Presentation - Mr. Lanham asked if Council would be
interested in viewing a short slide presentation on the Area -
wide Waste Treatment Management Plan in which the City of Bay-
town and other cities in this area are participating. This is
something in which the City must participate in order to be
eligible for federal funds. The League of Women Voters have
prepared a 15- minute slide presentation on this study. The Ad-
ministration can get this slide presentation on April 14. The
Council had no objection to viewing this slide presentation at
6:00 p.m. on April 14.
Bond Sale - A bond sale is scheduled for April 14. Mr.
Masterson, Financial Advisor, has suggested a trip to New York
to meet with the rating firms in order to keep the present
rating or even improve it. Mr. Lanham requested permission of
Council for Mayor Gentry and himself to accompany Mr. Masterson
to New York on March 29 and 30.
Councilman Kimmons moved to authorize the trip; Councilman
Wilbanks seconded the motion.
Mayor Gentry said that Mr. Masterson has also requested
that a representative from the School District accompany the
City of Baytown representatives to New York because the school
district will be selling bonds also.
Councilman Kloesel felt that only one representative for
the City of Baytown should accompany Mr. Masterson. The vote
follows: '
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto,
and Cannon
Nays: Councilman Kloesel
Abstained: Mayor Gentry
Questions or Comments Regarding City Manager's Report
Mayor Gentry asked what was the status on {Vest Texas Avenue
at the Spur 201 connection. Mr. Lanham said that he had checked
on this and that all of the surface was complete. The contractor
is completing the installation of curbs so the Spur 201 connec-
tion should be open within a few days. Mayor Gentry suggested
that the Administration contact the highway department for a date
as to when that section would be open.
Councilman Hutto inquired if the Administration had received
any update from the County regarding their timetable for comple-
tion of the bridge over North Burnet and also the problem in
Goose Creek Stream and Country Club. Mr. Powers, City Engineer,
said that he did speak with County representatives about three
weeks ago and they were still having legal problems with Exxon
Pipeline Company. As far as the problem on Goose Creek Stream,
this problem is prevalent on other streams, and Mr. Powers felt
that probably the County would have a priority list for making
adjustments.
Prior to finalizing the street reconstruction plans, the
County will be asked to build the bridge on North Burnet since
at this time it appears that the ditch work will not be complete.
6189
Minutes of the Regular Meeting - .March 10, 1977
At the present time, there is a law suit pending before the
Supreme Court to determine whether or not the County has to pay
damages for requiring that the pipeline be lowered. Probably,
the question will be resolved within 90 days.
Councilman Kloesel informed the Administration of a sewer
obstruction on Glen and Alexander near the railroad tracks.
Councilman Kloesel asked if the City was involved in oil
discharges. The City does remove air filters situated in the city
to send to the State, but the City has no ordinance in this regard.
Councilman Kloesel also stated that he felt the Council should
be briefed on the airport study to make certain that the County
and City could coordinate wherever possible in this study. Coun-
cilwoman Wilbanks explained that when the subject of an airport
study for the Baytown area came up at Project Review last month,
there was no information concerning the County's study presented
at that time. There are County Commissioners on this committee
so they were fully aware of Baytown's intentions before they voted.
The County's application will be considered at Project Review next
month which will be a very good time to consider coordination of
the two efforts.
Mr. Lanham pointed out that the County had planned to present
an application for an airport study in north, west, and east Harris
County.
Councilman Kloesel suggested that the City could go into a
joint venture with the County as in the past on drainage.
Mayor Gentry suggested that both Councilwoman Wilbanks and the
Administration through the H -GAC check into the matter to determine
what the possibilities are toward coordination and report back to
Council.
Closing of Durrain -Ferry Road
Councilman Kloesel had requested that this item be placed on
this agenda, and moved that Durrain -Ferry Road be closed for through
traffic at its intersection with Spur 201. Councilman Hutto secon-
ded the motion.
Councilman Kloesel said that when the street was open, the
traffic sped on this street and the residents on the street wanted
it to be closed.
Councilman Cannon explained that the Council's Traffic Com-
mittee had not recommended that the street be opened, and that the
street would be closed for approximately one year to through traffic.
Councilman Lander asked Councilman Cannon for an explanation
of the Traffic Committee's feelings on the matter. Councilman Cannon
explained that the Committee had recommended that Durrain -Ferry Road
remain closed until both of the 201 feeder roads were opened to
traffic. Soon the feeded road on the west side will be opened to
two -way traffic, and the Committee will not recommend that Durrain-
Ferry Road be opened under those hazardous conditions. The traffic
Committee has decided to wait until both feeder roads are open to
traffic to make a recommendation.
Councilman Kloesel said that since the street was closed tem-
porarily for construction, this would be an ideal time to close the
street permanently. The vote follows:
Ayes: Councilman Kloesel
Nays: Council members Lander, Kimmons, Wilbanks, and Cannon
Mayor Gentry
Abstained: Councilman Hutto
6190
Minutes of the Regular Meeting - March 10, 1977
Entex Request for Natural Gas Rate Increase and Entex Billing
Policy
Councilman Kloesel had asked that this item be placed on the
agenda. He explained that he had received a number of calls in
opposition to the request of Entex for natural gas rate increase
and calls from individuals who had problems regarding Entex's
billing procedures, that is, in having their meter read and dif-
ficulty in resolving problems in that area. He said that he, too,
was opposed to the Entex request for a natural gas rate increase
and was especially opposed to any automatic adjustment. Council-
man Kloesel said that there was one individual in the audience who
had requested to appear, and he asked Council to recognize Mr.
Martin.
Mayor Gentry inquired if perhaps Mr. Martin might prefer to
wait until the public hearing reconvened since anything he would
have to say at that time would be part of the official record.
Mayor Gentry went on to say that he certainly had no objection to
Mr. Martin appearing at this time, but would request that he ap-
pear when the public hearing was reconvened; Mr. Martin concurred
it would be better to appear when the public hearing reconvened.
Ordinance - First Reading Chaparral Village, Section Nos 4 & 5
At the last Council meeting, a public hearing was held on
this annexation with no one appearing in opposition. In order to
complete the annexation process, two readings are required. This
ordinance will be the first reading. The Administration recom-
mended approval of the ordinance on first reading.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2183
AN ORDINANCE PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN,
TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY,
WHICH SAID TERRITORY LIES ADJACENT TO AND AD-
JOINS THE PRESENT BOUNDARY LIMITS OF THE CITY
OF BAYTOWN, TEXAS.
Ordinance - Final Payment on Hunnicutt Storm Sewer Project
In December, Council approved substantial completion pay-
ment to the contractor on the Hunnicutt Storm Sewer Project, with-
holding $1,000.00 to ensure final cleanup. The proper inspections
have been made and approval of the work given by the Public Works
and Engineering Departments of the City. The Administration rec-
ommended acceptance of the work and authorization to pay the
$1,000.00.
Councilman Lander moved to adopt the ordinance; Councilman
Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
6191
Minutes of the Regular Meeting - March 10, 1977
ORDINANCE NO. 2184
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE CON-
STRUCTION OF EAST HUNNICUTT DRAINAGE IMPROVEMENT
BY R. T. BISHOP CONSTRUCTION COMPANY FINDING THAT
THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH
THE TERMS OF THE CONTRACT; ACCEPTING THE CITY EN-
GINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHO-
RIZING THE FINAL PAYMENT TO THE SAID R. T. BISHOP
CONSTRUCTION COMPANY AND PROVIDING FOR THE EFFEC-
TIVE DATE HEREOF.
Ordinance - Awarding Contract No. 77 -10 for Cleaning and Tele-
vising of Sanitary Sewer Lines
Three bids were received for the cleaning and televising of
sanitary sewer lines as follows:
CMC Specialists, Inc. $ 5,508.56
Shur -Flo, Inc. $ 7,017.80
Channel Construction Co., Inc. $17,716.72
The estimate for this contract was $6,000.00. CMC Specialists,
Inc. was low bidder in the amount of $5,508.56. This contract
includes cleaning and televising at nine different locations in
the city. The Administration recommended approval of the low bidder.
Councilman Cannon moved for the adoption of 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. 2185
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF C M C SPE-
CIALISTS, INC. FOR THE CLEANING AND TELEVISING
OF SANITARY SEWER LINES, CONTRACT NO. 77 -10, ON
A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE
PAID TO BE BASED UPON THE ACTUAL LINEAR FEET
CLEANED AND TELEVISED AND PROVIDING FOR THE EF-
FECTIVE DATE HEREOF.
Ordinance - Awarding Bid for the Purchase of a High Pressure
Washer
Six bids were received for the purchase of a high pressure
washer as follows:
BIDDER:
TOTAL PRICE:
MODEL:
PARTS /SERVICE:
WARRANTY:
DELIVERY:
STERN CHEMTECH
$3,085.00
Hot Blitz 1500 Series
Houston, TX
One Year
One Week - 10 Days
ACTION CLEANING EQ. L T, A PRODUCTS
$3,254.00* $3,295.00
Electro Magic 51000 Hot Blitz 1500 Series
Houston, TX Houston, TX
One Year One Year Pump/Mtr
90 Days Other Parts
Immediately 10 -20 Days
*Does not meet specs
6192
Minutes of the Regular Meeting - March 10, 1977
BIDDER:
HOTSY OF TEXAS
PURSWELL EQUIP. CO.
LOWRY EQUIPMENT CO.
TOTAL PRICE
$3,488.00
$4,223.00
$4,685.00
MODEL:
Kina 2000 H4M
Citation 7500 Model
L $ A Model 7110 E
PARTS /SERVICE:
Houston, TX
Baytown, TX
Houston, TX
WARRANTY:
One Year
One Year
One Year
DELIVERY:
10 -14 Days
14 Days
21 Days
The low bid was that of Stern Chemtech Corporation for the
amount of $3,085.00. The Administration had estimated $3,020.00
and recommended approval of the low bidder.
Councilman Lander moved to adopt 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. 2186
AN ORDINANCE OF
BAYTOWN, TEXAS,
TECH CORPORATIO]
PRESSURE WASHER
THE CITY OF THE
FIVE AND N01100
THE CITY COUNCIL OF THE CITY OF
ACCEPTING THE BID OF STERN CHEM-
J FOR THE PURCHASE OF ONE HIGH
AND AUTHORIZING THE PAYMENT BY
SUM OF THREE THOUSAND EIGHTY -
($3,085.00) DOLLARS.
Ordinance - Amending Civil Service Rules to Reduce the Minimum
Age Requirements for Firefighters
This proposed amendment to the Civil Service Rules is a
recommendation of the Civil Service Commission. Presently, the
rules provide a minimum age requirement of 21 for both firemen
and policemen and a maximum age of 35 (the oath must be taken
prior to the 36 birthday). This amendment will lower the mini-
mum age for firemen, prior to receiving the oath of office, to
19. The minimum age for policement will remain 21.
Councilman Kloesel asked if this would affect volunteers.
Fire Chief McBride explained that volunteers were not governed
by Civil Service Rules. Each station has its own age require-
ments regarding volunteers.
A fireman is not eligible to take the examination to be a
driver until he has been employed for a period of two years;
therefore, there would be no one under 21 driving.
Councilman Kloesel moved to adopt 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. 2187
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING AMENDMENT OF THE CIVIL
SERVICE RULES OF THE CITY OF BAYTOWN, TEXAS, BY
THE CIVIL SERVICE COMMISSION; AMENDING CHAPTER 7,
SECTION 42 OF SAID RULES BY LOWERING THE AGE RE-
QUIREMENT OF FIREMEN TO 19; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE,
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
6193
Minutes of the Regular Meeting - March 10, 1977
Central Little League - Construct a Parking Lot on Pelly Park
When Council authorized the construction of Pelly Park, the
Central Little League agreed to construct a 30 -35 car parking lot
on privately owned property. However, this property is too low
to permit the construction; therefore, the Little League has re-
quested permission to construct this parking lot on city -owned
property. The parking lot will be constructed in accordance with
the specifications established by the Engineering Department. The
parking lot will be constructed of stabilized limestone and will
be oiled whenever necessary.
The Administration recommended that permission be given the
Central Little League to construct this parking lot in accordance
with the requirements of the City.
Councilman Kimmons moved to accept the recommendation of the
Administration. Councilman Kloesel seconded the motion.
Council was concerned that the surface would be oiled once
and then the City would be left with this responsibility. Mr.
Rountree, Director of Parks and Recreation, said that the Central
Little League had agreed to oil the parking area whenever necessary.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
Beautification of Garth Road Between Park Street and Decker Drive
Along the Esplanade
The Beautify Baytown Association has received a $1,000.00 do-
nation from the Independent Insurance Agents of Baytown for the
beautification of the explanades on Garth Road between Park and
Decker. The Beautify Baytown Association proposes to purchase
fifteen planters and plant material for each of the planters. The
City will provide the topsoil and construct and maintain the plant-
ers which will be the same as those on Ward Road. The cost of the
topsoil to the City would be approximately $150.00. The Adminis-
tration recommended approval of the proposal.
Councilman Kloesel expressed concern that vandals might destroy
the plants and asked about replacement. Vandals did destroy the
plants on Ward Road once, but new plants were donated. However, in
the event of vandalism, the City would have to replace the plants.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
Beautification of Albert Thomas Plaza
The Parks and Recreation Department has prepared a beautifi-
cation plan for the Albert Thomas Plaza. The plan has been re-
viewed and approved by the Parks and Recreation Advisory Board and
the Beautify Baytown Association. Beautification will consist of
the construction of triangular forms approximately 18" to 24" in
height on the plaza medians and various types of plant material at
an estimated cost of $3,740.00. This project will be financed with
1975 Bond Funds. The Administration recommended approval of the
plan to beautify Albert Thomas Plaza. The plants which will be
planted are of the low- growing creeping variety, and therefore,
will not obstruct vision of motorists.
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Minutes of the Regular Meeting - March 10, 1977
Councilman Cannon moved to accept the recommendation of the
Administration; Councilwoman Wilbanks seconded the motion.
Council inquired if it would be possible to use Revenue
Sharing Funds for this project. It would be possible, but Council
did not designate this type project for Revenue Sharing Funds.
There was an underrun on the Highway 146 Project of approximately
$10,000.00.
In response to a question from Council regarding the man-
power being utilized for beautification-; Mr. Rountree explained
that there were six men on the beautification crew. These men
are responsible for mowing of right of way, as well as maintenance
of beautification projects. At the present time 35% of this
crew's time is utilized on beautification because they have been
planting on Highway 146 and if Council grants approval they will
be working on this project. During normal working periods, only
20% of the crew's time would be attributed to caring for the beds
and the remainder would be attributed to mowing.
Councilamn Kloesel said that he had received criticism re-
garding employees in this crew who seemed to be idle. Mr. Rountree
explained that the crew had been weeding beds and this was hand
work which usually required that 3 -4 persons be grouped. This
problem will be resolved since this work has been completed. The
vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto, and
Cannon
Mayor Gentry
Nays: Councilman Kloesel
Appointments to the Urban Rehabilitation Standards Review Board
Mr. Lanham explained that William E. Gandy, William J. Gidley,
Jack Hartt, and the Reverend Peter Katt had been contacted con-
cerning reappointment to the Urban Rehabilitation Standards Review
Board and had agreed to continue to serve. He also pointed out
that the Chairman of this Board is appointed by Council, and that
Mr. Gandy has been serving in that capacity.
Council inquired if Mr. Gandy would be willing to serve as
chairman. The Administration had not asked the question when
checking with Mr. Gandy concerning his willingness to serve.
Therefore, Council could consider these reappointments without
naming a chairman or consider the reappointments, naming Mr. Gandy
as chairman contingent upon his agreeing to serve in this capacity.
Councilman Kloesel moved that William E. Gandy, William J.
Gidley, Jack Hartt, and the Reverend Peter Katt be reappointed to
the Urban Rahabilitation Standards Review Board, and that Mr.
Gandy be appointed chairman contingent upon his agreeing to serve
in this capacity. Councilman Kimmons seconded the motion. The
vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
Committee Reports
None.
Unfinished Business
None.
6195
Minutes of the Regular Meeting - March 10, 1977
Recess, Reconvene, and Adjourn
The Council recessed into executive session to discuss land
acquisition. When the meeting reconvened, Mayor Gentry announced
that no business had been transacted.
There being no further business to be transacted, Councilman
Kloesel moved to adjourn; Councilman Kimmons seconded the motion.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
P"// - P, xv/� �
EILEEN P. HALL, City Clerk