1977 04 28 CC Minutes6235
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 28, 1977
The City Council of the City of Baytown, Texas, met in regular
session Thursday, April 28, 1977, at 6:3o p.m. in the Council Chamber
of the Baytown City Hall. The following members were in attendance:
Jody Lander
Mayor Pro Tem
Jack Kimmons
Councilman
Ted Kloesel
Councilman
Mary E. Wilbanks
Councilwoman
Emmett 0. Hutto
Councilman
Allen Cannon
Councilman
Fritz Lanham
City Manager
Neel Richardson
City Attorney
Eileen P. Hall
City Clerk
Dan Savage
Assistant City Manager
Absent: Tom Gentry
Mayor
Mayor Pro Tem Lander called the meeting to order, and the invocation
was offered by Councilman Allen Cannon.
Prior to consideration of the minutes, Mayor Pro Tem Lander asked
everyone interested in testifying at either the public hearing on Revenue
Sharing or the public hearing on the Entex request to register on the
forms provided on the table in the hallway behind the Council Chamber.
Approve Minutes
Councilman Kloesel moved to approve the minutes of the regular meeting
of April 14, 1977, and ratification of actions taken concerning each of the
matters listed on the agenda for said meeting. Councilman Kimmons seconded
the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon
Mayor Pro Tem Lander
Nays: None
Receive Petitions
None were presented.
City Manager's Report
Sterling Municipal Library Expansion - Mr. Lanham called Council's
attention to a tracing of a plaque that will be placed at the Sterling
Municipal Library Expansion which contained the names of the Council
members who were in office when Bonds were approved for the construction
of the expansion to the library and those members of Council who have
been elected since that time. He asked that Council look at the tracing
and let him know if any changes were desired.
Fresh Water Supply District No. 27 (Coady District) - Representatives
of Fresh Water Supply District No. 27 have asked for an opportunity to meet
with the Administration to discuss the possibility of the City of Baytown
entering into a contract with this district for the treatment of sewerage
from that area. They plan to sell bonds to build a collection system, but
would like to talk to the City of Baytown about treatment. Mr. Lanham asked
if Council would have any objections to the Administration negotiating with
representatives of this district and report to Council from time to time on
the status of these negotiations.
6236
Minutes of the Regular Meeting - April 28, 1977
Councilman Kloesel voiced some objection to these negotiations
because he feels that with Baytown's current population trend, the City
will not be able to keep up with requests that will be made for expanded
services within the City and will ultimately be faced with another
warning order from the State. He suggested that more concentration be
given toward solving problems within the City.
Other members of Council felt that since the City of Baytown will
be erecting a new plant in this area, perhaps it would be to the City's
advantage to have a collection system available in the area. Also,
Mr. Lanham pointed out that if this district were to erect a plant,
there is the strong possibility that the point of discharge would be
into Goose Creek or Spring Gully, and the City of Baytown had closed
the Craigmont Treatment Plant in order to eliminate effluent in Goose
Creek.
A majority of Council favored allowing the Administration to develop
cost estimates and discuss the possibilities of the City of Baytown pro-
viding this service with representatives of the district, and asked that
the Administration report on the status of these negotiations before any
action is taken.
Bayway Drive Improvement - The contractor for the State Highway
Department has completed the work on the lanes and is now overlaying the
entire street with from 1 -1k inches of Type "L" asphalt.
Price Street Relocation - When the City acquired land from San
Jacinto Methodist Hospital, the agreement was that Price Street would
be relocated by the hospital. Some of the small buildings have been
moved and the relocation is in process.
Master Thoroughfare Plan - A map of the proposed Master Thoroughfare
Plan was placed at each Council member's place. Mr. Lanham asked that
Council review this map and indicated that this item would be placed on
the next agenda. However, he did mention that the plan now in existence
was adopted 10 -12 years ago and that the Planning Commission had recom-
mended the adoption of the new plan.
Baytown- LaPorte Tunnel - The study involving traffic problems at
the Baytown- LaPorte Tunnel is still in process.
Sliplining Projects - All the lining work on Walker and McPhail
have been completed and the taps made. The contractor will be moving
over to the Scott - Williams Street area within the next few days.
Questions or Comments Regarding City Manager's Report
Councilman Kloesel was concerned with the thickness of the asphalt
which had been placed on Mississippi. Mr. Lanham said that the records
on the samples that were taken would be checked.
Mr. Jim Lovell Will Appear
Mr. Lovell was not present in the audience.
Mrs. D. L. Womack Will Appear
Mrs. Womack appeared to request some kind of :relief regarding the
flooding of her property on Bayliss Street in Pelly. Mr. Lanham.pointed
out that this particular street is included on the schedule of drainage
projects. Also, Mrs. Womack suggested that Mr. R. L. Busch be contacted
regarding the possibility of obtaining land to alleviate the problems in
this area. Mr. Lanham said that Mr. Busch had been contacted in this
regard, but he represented a number of owners, who would need to be con-
tacted before a decision could be made.
6237
Minutes of the Regular Meeting - April 28, 1977
Mr. John Hill and Miss Ashley Bean Will Appear
Mr. Hill did not appear; Miss Bean asked to appear later at the
public hearing on Revenue Sharing.
Ordinance - Amending Chapter 12�, "Flood Hazard Area Regulations"
This item was discussed during the last Council meeting where Council
questioned the references made to the Planning Commission in the proposed
ordinance. Since that time the Administration checked the federal law and
the regulations published by the Flood Insurance Agency, and there is no
requirement that there be a body established to consider exceptions to the
flood hazard regulations, either the City Council or the Planning Commission
can establish requirements for flood hazard areas. Baytown was one of the
first cities in the United States to obtain flood insurance and at that time
the provisions that exceptions may be granted by the Planning and Zoning
Commission only for non - residential structures which, together with attendant
utility and sanitary facilities, are adequately floodproofed up to the level
of the 100 -year Flood Plain were established by Council.. The reason
for this provision is not known, but the Planning Commission has approved
all requests for exceptions under the present ordinance. If Council would
like to have a provision in this proposed ordinance that the decision of
the Planning Commission on these matters could be appealed to City Council,
this adjustment can be made.
Council members Kloesel and Hutto were in agreement that all references
to the Planning and Zoning Commission should be deleted and that all re-
quests for exceptions should be made to the City Council, but Councilman
Cannon felt that by providing an appeal procedure to the Council, the same
end might be accomplished.
Councilman Kloesel moved that Proposed Ordinance No. 70428 -1 be approved
by the City Council with the exception of the portion under 1233k- 2(a)(1) in
the third line after 100 -year Flood Plain, delete "exceptions may be granted
by the planning and zoning commission only for non - residential structures
which," all the way to the period.
Mayor Pro Tem Lander pointed out that there was a point of order to
be considered here since this item had been tabled at a previous meeting.
Councilman Kloesel withdrew the motion and moved that the ordinance be
removed from the table; Councilman Hutto seconded the motion. The vote
follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon
Mayor Pro Tem Lander
Nays: None
Councilman Kloesel then moved that the motion be amended to delete
under 121x- 2(a)(1) from the word, "Exception," to the end of the paragraph.
Councilman Hutto seconded the motion and stated that he also wanted to
amend the ordinance to delete Section 123f-4. Councilman Kloesel said
to include this in his motion.
Councilwoman Wilbanks said that it seemed that Section 12'- 2(a)(2)
would vest some authority in the Planning Commission to check on these
things, but Councilman Hutto said that he felt the Inspection Department
now bad this authority and if it did not then the authority was certainly
delegated to the Inspection Department by Section (b). Councilwoman
Wilbanks went on to say that it seemed that two distinctly different
situations were involved -- one, where the 100 -year Flood Plain has been
established and the other, where the 100 -year Flood Plain has not been
established. On one hand there is no problem because the 100 -year Flood
Plain is established, but on the other hand there is a question about
whether it is in the Flood Plain, and then the question about how to handle
the matter in that event.
6238
Minutes of the Regular Meeting - April 28, 1977
At this point, Mayor Pro Tem Lander informed Council that it was
time to begin the hearing on Revenue Sharing.
Public Hearing - Revenue Sharing Allocations
Mayor Pro Tem. Lander paused to allow anyone desiring to do so to
register to testify at the hearing. Mr. Lanham explained that last
year amendments were made in revenue sharing legislation that provided
a public hearing be held by the Chief Executive who will be developing
recommendations to present to the governing body. Previously, the
expenditure of Revenue Sharing Funds was limited, but now they may be
spent for any purpose for which the City can legally spend funds. As
a result of the hearing that was held by Mr. Lanham, certain recommen-
dations had been developed. A full transcript of the hearing had been
provided to Council. For the nine - month period from January 1 to
September 30, 1977, the City was allocated $408,386.00 in Revenue Sharing
Funds. The following uses for these funds were proposed by the City
Manager:
$40,000 to the Police Department for the construction of a new
radio shop. The Police Department is presently using a building
that was constructed in 1939 which was used as a fire station
for a number of years. When the Fire Department moved out in
1954, the Police Department began using the building as a radio
shop. The building is not large enough and is very old; a new
building is needed very badly.
$65,000 to the Public Works Department for drainage. This would
be used for pipe and other materials to continue the drainage
program that we are now engaged in.
$60,000 to Public Works for a sewer cleaning machine. The
equipment being proposed is different than what the City now
owns in that it will not only break the debris free, but
because of the high capacity vacuum system will also remove
the debris. This would be used as a preventive type maintenance
system.
$65,000 to Parks and Recreation for the installation of a four -pipe
heating and cooling system in the Community Building. Since there
are a variety of activities going on at the same time in different
parts of the building, it is very difficult to maintain a constant
temperature in all areas of the building.
$32,000 to the Fire Department for air packs. We now have approxi-
mately 16 air packs, some of which are old and unreliable. The
Administration is recommending the purchase of 26 new air packs which
are lighter and more reliable and would do a better job. This will
provide an adequate number for both paid and volunteer firemen. The
old air packs will be transferred to the Public Works Department
for use in the sewer plants.
$7,200 to Planning and Traffic Department for the purchase of an
epoxy dispenser to be used in connection with placing buttons on
the street. At present this type work is done by hand which is
very time consuming and there is a great deal of this kind of work
to be done so this equipment is needed.
$33,000 to the Library for the replacement of the large bookmobile.
This equipment was purchased in 1971. It is adequate in design and
capacity, but it has been in the garage a large amount of the time
for repairs. It has received hard use through the years and should
be replaced.
$106,186 to the Engineering Department to continue the street rebuilding
program.
6239
Minutes of the Regular Meeting - April 28, 1977
The above recommendations were derived from requests made at the
hearing. There was one written request made by Mrs. Sarah Cryer on
behalf of the Animal Protection League for $20,000. However, at the
time that hearing was held the committee that Council appointed several
months ago was still working and had not formulated a recommendation.
Since that time, the Committee has prepared a report for Council and if
Council desires to include the requested amount in this revenue sharing
allocation, Mr. Lanham recommended that that amount be taken from the
allocation to continue the street rebuilding program. Mr. Dan Savage,
Assistant City Manager, presented the Animal Control Study Committee's
recommendation which would consist of the implementation of a program
whereby the City would issue to any citizen of Baytown a voucher worth
$20 which might be applied toward the sterilization of any dog or cat..
Under this program; a citizen would be able to take his pet to the
veterinarian of his choice. If the veterinarian agreed to accept the
voucher, the citizen would pay the cost of the sterilization service,
less $20. The veterinarian would then be paid $20 for each valid voucher
which he presented to the City. As a condition of issuing a voucher, each
pet owner must either provide proof that his pet has a valid rabies vacci-
nation or must agree to have it vaccinated when the animal is sterilized.
Since it is unknown how many citizens would participate in this
program, the Committee suggested that the program be tried for 3 -5 months
on a trial basis. During this period, the Committee has set a goal of
the sterilization of 300 dogs and cats. To fund this program, the
Committee requested that $6,000 of the Revenue Sharing Funds be allocated.
At the end of the test period, the Committee would report to Council. If
the program is a success, then the Committee would like Council to consider
establishing an on -going animal sterilization program.
At this point, Mayor Pro Tem. Lander recessed the hearing so that the
hearing on the Entex, Inc. request could be opened at the time published.
The hearing on the Entex, Inc. request was opened and recessed so that the
hearing on Revenue Sharing allocations could be continued.
Mr. Steve P. Trench of 504 Travis and Mr. C. G. Pitrucha, General
Delivery, Station 3, were not present when called upon to testify.
Miss Ashley Bean, 4810 Country Club View, appeared as representative
for the Ross Sterling student body to request that Council consider allocating
funds to build sidewalks and /or bike trails in and around Baytown. Miss
Bean pointed out that sidewalks and /or bike trails would be beneficial to
Baytonians for the following reasons:
1. Good safety feature;
2. Increase property values;
3. Provide opportunities for health and recreation;
4. Help to conserve energy.
Mrs. D. L. Womack, 411 Travis Street, who had appeared earlier,
suggested that perhaps some revenue sharing funds could be expended to
cure the problem of flooding on Bayliss.
Since -there were no other persons listed to testify, Mr. Lanham
explained that there would be an appropriation ordinance placed on the
next Council agenda for consideration at that time.
Councilman Kloesel said that he felt Revenue Sharing Funds should
be applied to areas where the funds were most needed. He felt that there
was a definite need for bike trails, and favored a walkway over the Pelly/
Goose Creek bridge to connect the two portions of Baytown. Along with
bike trails, Councilman Kloesel favored the purchase of drainage equipment
and felt that obtaining better drainage should be emphasized. Councilman
Kloesel suggested that perhaps the radio shop could be moved to the old
police building since this was a rather large building which was not
6240
Minutes of the Regular Meeting - April 28, 1977
not utilized completely by the Fire Department. Regarding the four -pipe
system for the Community Building, he felt that this was a convenience
more than a necessity. Not only did Councilman Kloesel approve of the
purchase of air packs for the Fire Department, but he suggested that
when looking at old equipment, the Administration should look at the
purchase of a mini pumper.
Councilman Cannon said that the bike trails had been an item of
discussion for a long time and that he would like to see some plan for
developing a section of bike trails to see how this type program would
be utilized. Regarding the other items mentioned in the recommendations
from the Administration, Councilman Cannon felt that most of the items
were needed. He asked that the Administration check into existing
facilities to make certain that there is no space available for the
location of the radio shop and report to Council. Regarding the request
for $33,000 to replace the large bookmobile, Councilman Cannon asked the
Administration to develop figures on what expenditure of funds would be
necessary to put the existing bookmobile into working order.
Councilman Kimmons said that he would like to see the animal
sterilization program tried on the suggested trial basis for 3"5 months.
Councilwoman Wilbanks suggested that the Administration should check
to determine which would be more economical to handle all radio maintenance,
using technicians employed by the City, or contracting to have these radios
repaired. If these air packs are to be purchased, Councilwoman Wilbanks
asked to see some plan for distribution. Mr. Lanham said that a report
had been prepared which indicated the number of air packs to be placed at
each fire station and a copy of this report would be furnished to Council.
Mr. Lanham informed Council that Mr. Rountree had been working with
the County regarding the possible construction of bike trails in the
City. Mr. Rountree said that he had been working with the County in an
effort to develop about 23� miles of trails in the northern part of the
City along County right of way. He received a letter from the County
which stated that this proposal had been sent to the right of way and
street department, so there is a very good possibility that the County
will allocate funds for this type project if the City will do the same.
Councilman Hutto directed his remarks toward the possibility of
allocating funds for the purchase of equipment and hire of crews to
repair water leaks which are prevalent in the City.
Mr. Lanham said that the City of Baytown would be receiving another
allocation for the period beginning October 1, 1977, which should be in
excess of $520,000.
Mayor Pro Tem. Lander declared the hearing on Revenue Sharing allocation
closed.
Reconvene Public Hearing on Entex, Inc. Request for Rate Increase and
Cost of Service and Fuel Cost Adjustments
Mayor Pro Tem. Lander opened and reconvened the hearing on the request
of Entex, Inc. for a rate increase and cost of service and fuel cost
adjustments. Mr. Howard Bell was registered first, but he asked Mr.
DeSalme to make the presentation for Entex.
Mr. DeSalme addressed Council with a review of all events since
Entex filed its Statement of Intent on December 27, 1976. At that time
booklets were left for Council to explain the Entex proposal, and in
January, 1977, Entex representatives met with City Council in a work
session to discuss the different aspects of their request. On February 24,
1977, Entex made its formal presentation to the Council at the public
hearing which was recessed to be reconvened at a later date. The
request is for a $2.00 per month increase for residential consumers and
6241
Minutes of the Regular Meeting - April 28, 1977
$2.25 per month increase for commercial consumers to be effective
May 1, 1977• Also, included in the proposal is a cost of service
adjustment provision which will become effective May 1, 1978. Mr.
DeSalme pointed out that in the booklet which was presented to Council
at the onset of the filing, Entex stipulated that if the Council approved
this request as submitted, then there would be no request for rate in-
crease for at least 2 years. This concluded the comments from the
Entex representative.
Mr. Mike Stewart, P. 0. Box 60, Baytown, Texas, withdrew his
request to testify.
Mr. L. E. Kirkley, 401 William, Baytown, Texas, appeared to request
that Council ask Entex to develop figures and come back with a request
to increase rates on large consumers only. In this manner residential
consumers and persons who were on fixed incomes would not be affected.
Mr. Kirkley maintained that the large consumers could better afford the
increase.
Mr. Howard E. Bell, Entex representative, responded to Mr. Kirkley's
comments by stating that 133 years ago this Council, as well as all the
other Councils in the Texas Coast Division, granted a large volume consumer
amendment that provides for an inverted rate schedule. Usage of over
150,000 cubic feet results in excelled rates; therefore, the large indus-
trial consumers are now paying a high rate under the present system, and
Entex feels that if this rate were escalated, these consumers would be
lost. At the present time, the rates that Entex charges industrial
consumers is barely competitive to fuel oil. If these industrial consumers
are lost, then other consumers would be forced to pay for the operation
of the Entex system. It cost Entex $6.00 to provide service to each resi-
dential consumer so that $4.00 minimum bill does not even cover cost of
service. Mr. Bell also pointed out that in a study which Entex presented
to the Railroad Commission, it was determined that very few people in
the low income or fixed income bracket pay the minimum bill. These people
traditionally live in older homes that are not very well insulated, and
thereby, consume more gas. For this reason, by evenly distributing the
increase, the persons on fixed or low incomes will not be affected as
adversely as in the case of step increases.
Mr. L. E. Kirkley asked for the clarification of whether the company
was requesting to increase every bill by $2.00 per month or just the
minimum. Mayor Pro Tem Lander responded that the request would represent
a $2.00 per month increase on each bill.
Mr. Steve Donnelly who was not registered requested to be recognized.
Mr. Donnelly asked if Council was aware that for a Mobile Home connection
in the event there is an electric water heater, the cost is $80.00; whereas,
if the home is all gas, there is no installation charge. Council inquired
if this was an installation fee or deposit. Mr. Donnelly replied that
this was the cost of installation. Council then inquired what charge was
assessed for deposit; Mr. Bell responded $30.00.
Councilmen Kloesel commented on the cost of service adjustment pro-
vision. He said that this was dangerous for Council to approve and he
felt that the company should come to Council on a yearly basis to ask
for this adjustment. Mr. Bell explained that the cost of service adjust-
ment was not automatic in that Entex must file the request for adjustment
45 days prior to implementation of said adjustment which would allow
Council ample time to request any necessary information to justify that
increase.
Mayor Pro Tem Lander set out the alternatives that Council could
consider:
1. Take no action and recess the hearing.
2. Consider Proposed Ordinance No. 70428 -1(a), closing the public
hearing and amending the Code of Ordinances, Chapter 31,
"Utilities," by the amendment of Article II, "Natural Gas
Service." (This particular ordinance does grant the rate
increase and cost of service adjustment as requested by Entex.)
6242
Minutes of the Regular Meeting - April 28, 1977
3. Close the public hearing and take some other action.
4. Close the public hearing and take no action.
5. Amend Proposed Ordinance No. 70428 -1(a).
Councilman Kloesel moved to close the public hearing; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Kimmions, Kloesel, Wilbanks, Hutto and Cannon
Mayor Pro Tem Lander
Nays: None
Mayor Pro Tem Lander asked if there was a motion to adopt Proposed
Ordinance No. 70428 -1(a) or an amendment thereof.
Councilman Cannon commented that it certainly would be regarded
unfavorably to make a motion to increase the bill of each residential
consumer by $24.00 a year, but according to the figures that Entex had
presented, at the present time Entex is receiving a rate of return of
4.11 %; the rate increase will raise this to 6.92 %. In a rate hearing,
should the company justify their figures to the Railroad Commission,
they could obtain a full 8% rate of return. Therefore, Councilman
Cannon moved for the adoption of the ordinance; Councilman Kimmons
seconded the motion.
Councilman Kloesel stated that he felt the rate of increase requested
was too great and that the company has been making a sufficient profit.
He also expressed strong opposition to the cost of service adjustment.
Councilman Cannon made another comment regarding the motion. It
seemed that Entex earnings had been announced which indicated a very
good first quarter, but this represented Entex corporate earnings and
not this particular area.
Councilman Hutto commented that Entex's timing on the request for
this rate increase.was very poor.which has resulted in adverse comments
from citizens who do not understand the basis for this request.
Mayor Pro Tem Lander stated that he was going to vote for this
increase even though he knew full well that this would not be a popular
vote. The reason for his decision is that the rate increase is justified
and if this increase were denied then, the Railroad Commission could very
easily grant a higher rate of return. Therefore, by voting in this
manner, Mayor Pro Tem Lander felt that he was, in fact, voting in the
best interest of the people of Baytown.
Councilwoman Wilbanks directed her comments toward the fact that
she was having a great deal of difficulty with the figures that had been
presented for Council consideration and that the cost of service adjust-
ment would simply mean that Council would be looking at the same type
figures in 1978; therefore, if the denial of the request meant going to
the Railroad Commission, then she certainly hoped that they would have
more expertise to make a better judgment than she., The vote follows:
Ayes: Council members Kimmons and Cannon
Mayor Pro Tem Lander
Nays: Council members Kloesel, Hutto and Wilbanks
Resolution - Requesting That Entex, Inc. Include the City of Baytown
as Part of the Houston Integrated System
Mayor Pro Tem Lander explained that this resolution had been tabled
and in order to discuss this item, a motion and second would be necessary
to remove from the table.
Councilman Kloesel moved to remove the consideration of Proposed
Resolution No. 572 from the table; Councilman Kimmons seconded the motion.
The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon
Nays: Mayor Pro Tem Lander
6243
Minutes of the Regular Meeting - April 28, 1977
Since the motion was removed and at the last Council meeting, the
motion was duly made and seconded to adopt the resolution, Council con-
tinued with discussion.
Councilman Kimmons stated that he recognized the need for any
company to make a fair return on investments, but the fact remained
that if Baytown were considered part of the Houston Division, the
r question of this rate increase could be moot. Also, if Baytown were
P considered part of the Houston Division, this would be an advantage
when a request for increases was made in that Houston had the expertise
to make that type determination.
Councilman Kloesel stated his opposition in that he could see no
advantage to being tied into the Houston Integrated System. He felt
that the City of Baytown would be in a better bargaining position on
its own, than to be tied into the Houston rates. Mr. Bell explained
that each individual governing body determined the rates to be set
for that City; therefore, the City Council of Houston would not be
setting rates in Baytown.
Mayor Pro Tem Lander stated that he was considering this proposed
resolution from a practical aspect, that being if the City of Baytown
were granted this request, then every other city will petition to be
included in the Houston Division. Entex could not allow Baytown this
preferential treatment. The vote follows:
Ayes: Council members Kimmons and Hutto
Hays: Council members Kloesel, Wilbanks and Cannon
Mayor Pro Tem Lander
Councilman Cannon then moved that an ordinance be adopted to approve
the request for rate increase submitted by Entex without the cost of
service adjustment provision. This motion died for lack of a second.
Ordinance - Amending Chapter 121+1, "Flood Hazard Area Regulations"
The motion that was before Council was read as follows: 'Councilman
Kloesel then moved that the motion be amended to delete under Section
12�- 2(a)(1) from the word, "Exception," to the end of the paragraph,
along with Section 123�-4." Councilman Kloesel questioned if Councilman
Hutto really intended to delete all of Section 12'+i -4. Councilman Hutto
said that he thought that the total makeup of Section - 12;1 -4 is the
Administration of the ordinance. It was suggested that perhaps Section
12k-4 could be amended so that the wording would remain the same with
the addition of, subject to the approval of Council. Councilman Kloesel
disagreed with this suggestion since the Planning Commission does not
inspect.
Councilwoman Wilbanks suggested that the ordinance could be amended
by amending Section 123�2(a)(1) as follows:
"Exceptions may be granted by the City Council only for
non - residential structures ...
This would mean that Section 121.2 -4 could be left as originally proposed.
Councilman Kloesel said that he felt that the Inspection Department
should be left with the responsibility of enforcement of the ordinance.
Mr. Richardson, City Attorney, explained that the Planning Commission
only has the authority to do what the ordinance allows it to do and in
essence the Commission acts simply as a fact finding body and based upon
certain findings would necessarily have to grant the permit. Councilman
Hutto said this may be, but the Planning Commission could also approve
the permit contingent upon some action of an outside agency. He was
also opposed to the Planning Commission having this authority because
the composition of the Commission changes from year to year.
6244
Minutes of the Regular Meeting - April 28, 1977
Councilman Kloesel suggested that perhaps the ordinance could be
amended so that the Inspection Department would be in charge of the
enforcement of the ordinance. Mr. Richardson suggested that the
ordinance could be changed to read as follows:
"Exceptions shall be granted by the Inspection Department
only for non - residential structures which, together with
attendant utility and sanitary facilities, are adequately
floodproofed up to the level of the 100 -year Flood Plain
as approved by the Engineering Department."
The Engineering Department would have to make a decision concerning
floodproofing. Councilman Kloesel felt that this suggested amendment
would be acceptable. Councilman Kloesel then withdrew his original
motion and asked that the wording that the City Attorney suggested be
substituted, along with the deletion of the first paragraph of Section
124 which was acceptable to Councilman Hutto. Mr. Richardson suggested
that rather than delete all of the first paragraph, perhaps it would be
better to include Inspection Department where reference is now made to
the Baytown Planning Commission. Councilmen Kloesel and Hutto agreed
with this change. Mr. Lanham pointed out that reference to the Director
of Planning and Traffic should be deleted also.
Councilman Cannon said that he was satisfied with the ordinance
as it was originally proposed with the exception that there be an appeal
procedures to Council and made a substitute motion to this effect;
Councilman Kimmons seconded the motion. Councilwoman Wilbanks asked
where this provision would be inserted and the City Attorney suggested
under Section 122- 2(a)(1). The vote follows:
Ayes: Couricil members Kimmons, Wilbanks and Cannon
Mayor Pro Tem Lander
Nays: Council members Kloesel and Hutto
ORDINANCE NO. 2212
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 123-2,
"FLOOD HAZARD AREA REGULATIONS," BY REPEALING THE PRO-
VISIONS OF THIS CHAPTER AS PRESENTLY CONSTITUTED AND
ADOPTING A NEW CHAPTER 12'x, "FLOOD HAZARD AREA REGULATIONS ";
PROVIDING FOR A PENALTY; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICA-
TION AND EFFECTIVE DATE HEREOF.
Ordinance - Renovation of City Hall Heating and Cooling_Systems
Two bids were recieved for the renovation of the City Hall heating
and cooling systems. The low bid was that of M. S. Young for $4 9,124.00;
Tisdale Air Conditioning and Heating, Inc. bid $59,9+9.00. The estimate
on this job was $50,000.00. The Administration recommended approval
of the ordinance awarding the contract to the low bidder.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor-Pro Tem. Lander
Nays: None
Absent: Councilman Cannon
ORDINANCE NO. 2213
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF M. S. YOUNG COMPANY FOR THE
RENOVATION OF THE BAYTOWN CITY HALL HEATING AND COOLING
SYSTEMS AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS
BY THE CITY FOR THE SUM OF FORTY -NINE THOUSAND ONE
HUNDRED TWENTY -FOUR AND N0 1100 ($49,124.00) DOLLARS
WITH REGARD TO SUCH AGREEMENT.
gas
Minutes of the Regular Meeting - April 28, 1977
Ordinance - Approving the Baytown Area Water Authority's Selection
of Depository for BAWA Funds
In accordance with the law that established the Baytown Area Water
Authority, the Board of Directors of the Authority advertised for bids
on a depository contract. Only one bid was received, that of Citizens
National Bank and Trust Company for 5.85% on all monies or negotiables
placed on deposit for more than 30 days. In response to a question from
Council regarding why only one bid had been received, Mr. Lanham explained
that with the second sale, it mould take a rather large bank to bid since
the deposits must be 100% secured with federal securities or something
of that nature.
Councilman Cannon moved to adopt the ordinance; Councilman Hutto
seconded the motion. The vote follows:
Ayes: Council members Kimmons, Wilbanks, Hutto and Cannon
Mayor Pro Tem Lander
Nays: Councilman Kloesel
ORDINANCE NO. 2214
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAYTOWN,
TEXAS, APPROVING THE BkYTOWN AREA WATER AUTHORITY'S
SELECTION OF DEPOSITORY FOR THE AUTHORITY'S FUNDS.
Ordinance - Fireworks Displays
This request was made by persons working on the July 4 celebration.
The ordinance requires that the sponsoring group or individual must get
a permit from the fire marshal; must provide insurance; and must agree
to hire standby firemen to supervise the display. Also, this ordinance
provides for aerial displays only. There are other cities in Texas which
have similar ordinances, and the Assistant Fire Chief feels that this is
a workable ordinance. The Administration recommended approval of the
ordinance.
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 Pro Tem Lander
Nays: None
ORDINANCE NO. 2215
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF RAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 17,
"MISCELLANEOUS PROVISIONS AND OFFENSES," BY REPEALING
SECTIONS 17 -3 AND 17 -4 AS PRESENTLY CONSTITUTED AND BY
ADOPTING NEW SECTIONS DEALING WITH FIREWORKS; PRESCRIBING
A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; RE-
PEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
Ordinance - Amending Section 18 -40. Pertaining to Report of Accidents
Two ordinances have been prepared in this regard. One, repeals
Section 18-40 in its entirety and the other changes the $50.00 damages
to another amount. In connection with this, the Chief of Police has
issued instructions that only the necessary number of patrolmen and
vehicles will be dispatched to investigate an accident. Even though
there may be a certain amount of paper work involved, the patrolmen who
investigate accidents are working for the citizens who are involved in
these accidents. One individual involved in an accident might like to
have a patrolman present to investigate, while the other individual
mould not. Also, the City could have the problem of automobiles being
left on the street if an officer did not investigate the accident.
6246
Minutes of the Regular Meeting - April 28, 1977
At the last Council meeting, Council requested that the Administration
review the reports to determine the number of people involved in accidents
who may have been drinking. The reports do not reflect this data since on
the reports the wording under the influence of alcohol or drugs is used
and this indication is only made when the accident is a direct cause of
this condition. The officers, who investigate the accidents, do not
indicate amount of damage, only type of damage.
In the discussion that followed, it was determined that in order to
determine if there was a violation involved, the accident would need to
be investigated. Also, in order to obtain cause of accidents within the
City, accidents would need to be investigated.
Councilman Lander said that he felt the citizens for the most part
wanted and expected the Police Department to investigate accidents.
Councilman Cannon said that it appeared to him the problem had
been corrected with regard.to having too many patrolmen and vehicles
at the scene of an accident; therefore, there would be no reason for
change.
Councilman Kloesel said that he did not have the time to review
the ordinances and requested that this item be placed on the next
Council agenda.
Ordinance - Two -Hour Parking Limits
The Council's Traffic Committee recommended the establishment of
a two -hour parking limit on North Main between Sterling and Defee Avenues;
the Administration concurred.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
ORDINANCE NO. 2216
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, DESIGNATING CERTAIN AREAS AS TWO -HOUR
PARKING ZONES; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY
OF TWO HUNDRED ($200.00) DOLLARS FOR EACH VIOLATION; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Posting of Stop Signs and Yield Signs
The Council's Traffic Committee has recommended that stop signs
be erected at Littlewood /Newmeadow at Newcastle and that yield signs
be erected on MacArthur at Katherine and on Katherine /Queen's Couit
at Brownwood. The Administration concurred with this recommendation.
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 Pro Tem Lander
Nays: None
ORDINANCE NO. 2217
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, PROVIDING FOR THE POSTING OF STOP SIGNS AT CERTAIN
INTERSECTIONS AND THE POSTING OF YIELD SIGNS AT CERTAIN
INTERSECTIONS; PROVIDING FOR A PENALTY FOR THE VIOLATION
THEREOF; And PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
1
r
6247
Minutes of the Regular Meeting - April 28, 1977
Ordinance - Award Contract for the 1977 Street Improvement Program
Four bids were received for the construction of the 1977 Street
Improvement Program. The bid tabulation follows:
Able Services, Inc. $ 310,395.00
SKRLA, Inc. $ 319,480.00
Warren Brothers Co. $ 344,420.00
Brown & Root, Inc. $ 377,732.00
The low bidder was Able Services, Inc. for $310,395.00. Funds for this
project will be expended from the 1976 Revenue Sharing allocations and
the current budget. Although Able Services has never performed any con-
tract for the City, this contractor has performed satisfactory work for
the cities of Houston and Pasadena, as well as industry. Therefore,
the Administration recommended that the contract be awarded to Able
Services.
Councilman Kimmons moved to adopt the ordinance; Councilman Hutto
seconded the motion.
Councilman Hutto commented that the contract called for 110 working
days and asked if the City would make the determination as to what a
working day represents; the Administration will make this determination.
Councilmen Kloesel said that he was concerned with the quality of
work on some of the latest street improvement contracts in Baytown, and
that this problem may be caused by having to accept low bid. Mr. Lanham
pointed out that on most of these projects, the old material is used,
along with new materials which may be causing some of the problem. Some
of the problem could also be attributed to the black- gumbo -type soil.
The vote follows:
Ayes: Council members Kimmons, Wilbanks, Hutto and Cannon
Mayor Pro Tem Lander
Nays: Councilman Kloesel
ORDINANCE NO. 2218
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF ABLE SERVICES, INC. FOR THE
CONSTRUCTION OF THE 1977 STREET IMPROVEMENT PROGRAM AND
AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY
FOR THE SUM OF THREE HUNDRED TEN THOUSAND THREE HUNDRED
NINETY -FIVE AND N01100 ($310,395.00) DOLLARS WITH REGARD
TO SUCH AGREEMENT.
Ordinance - Final Payment for Sandblasting and Painting Ground Storage Tank
This contract was for the sandblasting and painting of a ground
storage tank on Bayway Drive near Baker Road. The contract amount was
$13,895.00. However, there was an overrun; therefore, the final payment
is $14,105.31. This work has been inspected and approved. The Adminis-
tration recommended approval of the ordinance.
Councilman Kloesel 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 Pro Tem Lander
Nays: None
ORDINANCE NO. 2219
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AND ACCEPTING THE SANDBLASTING AND PAINTING
OF A GROUND STORAGE WATER TANK LOCATED ON BAYWAY DRIVE NEAR
RAKER ROAD BY COASTAL TANK LINING COMPANY FINDING THAT THE
WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE TERMS OF THE
CONTRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL
ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID
COASTAL TANK LINING COMPANY AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
6248
Minutes of the Regular Meeting - April 28, 1977
Ordinance - Final Payment for Cleaning and Televising Sanitary Sewer
Lines
The original contract -amount for cleaning and televising sanitary
sewer lines was $5,508.56. There was an underrun on this contract;
therefore, the final payment is $5,003.18. The Administration recommended
approval of the ordinance.
Councilman Kimmons moved for the adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon
Mayor Pro Tem Lander
Nays: None
ORDINANCE NO. 2220
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AND ACCEPTING THE CLEANING AND TELEVISING
OF SANITARY SEWER LINES BY C M C SPECIALISTS, INC. FINDING
THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE
TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S
CERTIFICATE OF FINAL ACCEPTANCE; AND AUTHORIZING THE FINAL
PAYMENT TO THE SAID C M C SPECIALISTS, INC. AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Ordinances - Creating Personnel Department and Designating the Personnel
Director as the Civil Service Director and Amending the Civil Service
Rules for Police and Fire Civil Service System.
The Civil Service Commission recently met and elected their Chairman
and Vice - Chairman. At this meeting, the City Attorney was - present and
explained the options that "the Commission has regarding the appointment
of a Civil Service Director. The Director of Civil Service may be someone
other than a member of the Commission. By effecting a change in the
local Civil Service rules and the City Code, the Director of Civil Service
could be the Personnel Director of the City of Baytown. The Administration
discovered that in virtually every city in Texas where there are Civil
Service and non -civil service employees, this is the arrangement. The
Commission has recommended that the necessary changes in the City Code
and local Civil Service rules be effected so that the Personnel Director
of the City of Baytown would also be the Civil Service Director. The
Administration felt this to be logical and recommended approval of the
ordinance.
At the present time, Mr. Jim Girardeau is acting as Director and
in the past one of the members of the Commission acted as Director, but
Baytown is one of the few cities with this type arrangement. Usually,
the Director of Civil Service is a staff person who handles the day to
day administration, while the members of the Commission concern themselves
with policy - making decisions and hearing appeals.
Council was concerned that by making this change the right of appeal
granted to firemen and policemen might be jeopardized, but Mr. Richardson
explained that the Director would deal with purely administrative respon-
sibilities, while the Chairman of the Commission, as well as the Commission
itself, would deal with policy and appellate responsibilities, and this
cannot be changed because this is set by law.
Councilmen Kloesel and Hutto expressed concern that the Director,
if a staff person, might influence the Commission in its decisions.
Councilman Kimmons moved for the adoption of,-,the ordinances. There
was no second.
Councilman Hutto moved to table the ordinances; Councilman Kloesel
seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon
Nays: Mayor Pro Tem Lander
6249
Minutes of the Regular Meeting - April 28, 1977
Ordinance - Authorizing Intergovernmental Agreement with the
Houston - Galveston Area Council for a Small Area Transit Study
Council authorized the Administration to make application for these
funds, and the application has been approved. This ordinance authorizes
the City to enter into an inter -local agreement with the Houston - Galveston
Area Council for a small area transit study. The Administration recom-
mended approval of the ordinance.
Councilman Hutto moved for the adoption of the ordinance; Councilwoman
Wilbanks seconded the motion.
Councilman Kloesel expressed the feeling that no planning is necessary
since previous studies had been made in this regard and suggested that what
is necessary is the implementation of a transit program.
Councilwoman Wilbanks explained that the funds are distributed
through the Houston - Galveston Area Council with Houston getting a large
sun and the remainder being distributed among other cities in Harris
County. Houston may not accept figures accumulated in years past for
inclusion in their program. What is being planned in Houston will be
beneficial to the City of Baytown. For example, there may be a possibility
that Houston will use I -10 as one of the main arteries in their plan for
a park and ride system, which the City of Baytown could continue on this
side of the river.
Councilman Hutto felt that the funds would not be allocated to the
City of Baytown without the study. The vote follows:
Ayes: Council members Wilbanks, Hutto and Cannon
Mayor Pro Tem Lander
Nays: Councilman Kloesel
Abstained: Councilmen Kimmons
ORDINANCE NO. 2221
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK
OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT
WITH HOUSTON- GALVESTON AREA COUNCIL PROVIDING FOR JOINT
PARTICIPATION BETWEEN THE CITY AND THE HOUSTON - GALVESTON
AREA COUNCIL WITH REGARD TO A SMALL AREA TRANSIT SYSTEM
STUDY.
Councilman Cannon Absent.
Resolution - Transfer of Funds for Small Area Transit Study Grant
This item is related to the previous item. The Administration
recommended approval of the resolution.
Councilwoman Wilbanks moved for the adoption of the resolution;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Kimmons, Wilbanks and Hutto
Mayor Pro Tem Sander
Nays: Councilman Kloesel
RESOLUTION NO. 572
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FOUR
THOUSAND AND N0 1100 ($4,000.00) DOLLARS FROM GENERAL
FUND ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO
GENERAL FUND ACCOUNT NO. 0101 -06 -0400, SPECIAL SERVICES.
6250
Minutes of the Regular Meeting - April 28, 1977
Authorization to the Director of Planning and Traffic to Mail Requests
for Proposals for a Small Transit Study
This item is also related to the last two items discussed. The
Administration recommended approval.
Councilman Hutto moved to authorize the Director of Planning and
Traffic to mail requests for proposals for a small area transit study.
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Kimmons, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: Councilman Kloesel
Resolution - Supporting Construction of a Bridge Across the Houston
Ship Channel in the Vicinity of the Baytown- LaPorte Tunnel
The Administration was directed to prepare this resolution at the
last Council meeting, and the recommendation was for approval.
Councilman Kloesel moved for the adoption of the resolution;
Councilman Hutto seconded the motion.
Councilman Kimmons suggested that if the resolution passed that
Council do something other than to send copies to the State Highway
Department to promote this bridge. He suggested that this could be
done through the Chamber of Commerce and other organizations in the
City. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
RESOLUTION NO. 573
AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BAYTONN , TEXAS, URGING THE TEXAS HIGHWAY DEPARTMENT
TO PROCEED WITH PLANS FOR A BRIDGE CROSSING OF THE
HOUSTON SHIP CHANNEL ON STATE HIGHWAY 146; DIRECTING
THE MAYOR TO'EXECUTE AND THE CITY CLERK TO ATTEST THIS
RESOLUTION; DIRECTING THE CITY MANAGER TO FORWARD CERTIFIED
COPIES OF SAME TO THE TEXAS HIGHWAY DEPARTMENT; AND PRO-
VIDING FOR THE EFFECTIVE DATE HEREOF.
Resolution - Approving and Adopting the Parks and Recreation Department
Policy Manual
Mr. Lanham explained that it was important that the manual be adopted
at this meeting because annual registration would begin May 1. Mr. Rountree,
Director of Parks and Recreation, reviewed some of the suggested changes
with Council. The original manual was adopted in 1967 and certain policies
have developed through the years that have been handed down from director
to director. The parks' staff and the parks' board have been working on
this manual for approximately six months, and feedback was requested from
the different groups who utilize the various Parks and Recreation facilities.
The manual covers rules, regulations, and reservation procedures for the
Community Building, Outdoor Theatre;- Bicentennial Park, Roseland Park
Pavilion, swimming pools and athletic fields.
In response to a question from Council regarding police protection,
Mr. Rountree explained that there should be at least one policeman for
every 100 people. Mr. Rountree also explained that the manual simply sets
out procedures that were now being followed -1 standardized fees. Since
this manual had been thoroughly reviewed by the parks' board and the
staff and there had been considerable input from the public, Council felt
that due to the necessity for the adoption of the manual, that if necessary,
revisions could be made at a later date.
6251
Minutes of the Regular Meeting - April 28, 1977
Councilman Kloesel moved to adopt the resolution; Councilwoman
Wilbanks seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
�. RESOLUTION NO. 574
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAYTOWN,
TEXAS, ADOPTING THE "CITY OF MYTOWN PARKS AND RECREATION
DEPARTMENT POLICY MANUAL" FOR THE CITY OF BAYTOWN.
Resolution - Authorizing the Execution of a Planning Grant Agreement
for the Development of an Airport Master Plan
At the last meeting, the Administration had received notification
that the application had been approved. Since that time the formal offer
has been received. That grant will be for $45,000.00 and the City's
portion will be $5,000.00. The Administration recommended adoption of
the resolution which accepts the grant offer and authorizes the execution
of an agreement for such purpose.
Councilman Kimmons moved for the adoption of the resolution;
Councilwoman Wilbanks seconded the motion.
Council expressed concern that at the time the proposal was first
introduced to Council it was for the development of a master plan and
the present facility would be considered in that plan; however, in this
agreement reference is made to developing a master plan for a new
municipal airport. Mr. Lanham explained that the consideration of the
existing facility was included in the application, but since the wording
was not clear, perhaps Council would like to table the matter until the
Administration could have the matter clarified.
Councilman Kloesel moved to table the resolution; Councilman Hutto
seconded the motion. The vote follows:
Ayes: Council members Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
Abstained: Councilman Kimmons
Resolution - Approving the Draft -Plan Design for the Sam Houston Resource
Conservation and Development Protect
The City of Baytown is a member of the Sam Houston Resource Conservation
and Development District which is primarily a rurally oriented organization.
However, it is possible that the City of Baytown might obtain funds for
water sports recreation in this area or flood control purposes. This
resolution will adopt the draft -plan design which lists the various committees
and their objectives. There is no cost to participate. The Administration
recommended adoption of the resolution.
Councilman Hutto moved for the adoption of the resolution; Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
RESOLUTION NO. 575
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF R4YTOWN,
TEXAS, APPROVING THE DRAFT PLAN DESIGN FOR THE SAM
HOUSTON RESOURCE CONSERVATION AND DEVELOPMENT PROJECT
AS A GUIDE FOR PLANNING AND OPERATIONS.
6252
Minutes of the Regular Meeting - April 28, 1977
Authorization to Prepare Detailed Plans and Specifications for
Phase II of the Baytown Sports Complex
Bonds have been sold for projects to be completed in the third and
fourth year of the bond program which include the construction of Phase II
of the Baytown Sports Complex. Included within the Phase II construction
are parking and drainage work; two lighted tennis courts; two softball
fields; play area and play slab; and a small maintenance building. The
estimated cost of this construction is $215,000.00, but an outdoor recrea-
tion grant has been approved for $107,000.00. Also, included in the
Phase II construction is a neighborhood center at an estimated cost of
$138,000.00. The Administration recommended that Busch, Hutchison and
Associates, Inc. be authorized to proceed with plans and specifications
for Phase II of the Baytown Sports Complex and that they be authorized
to select an architect to design the neighborhood center.
Councilman Kloesel moved to accept the recommendation of the
Administration; Councilman Kimmons seconded the motion. The vote
follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
Authorize Advertising for Bids for Sliplining Contract No. 77 -1
The televising of lines, plus some cave -ins indicate the need of
sliplining in various parts of the City. A map located in the back of the
Council table indicated the areas where sliplining would be necessary.
The estimated cost of this sliplining is $185,000.00; 10,500 feet or
almost 2 miles'of sliplining is involved. Included in the last bond
sale is $500,000.00 for this type of work. The Administration requested
permission to advertise for bids for Sliplining Contract No. 77 -1.
Councilman Kimmons moved to accept the recommendation of the
Administration; Councilman Hutto seconded the motion.
In response to a question from Council, Mr. Powers, City Engineer,
explained that in new subdivisions, only PVC pipe or a combination of
concrete with a limestone aggregate pipe was not, being used. The vote
follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem. Lander
Nays: None
Four -Day Work Week for Certain Public Works Operations
At the present time the employees in the Sanitation Department
are working a four -day week. The Administration would like to implement
this type program in the Street and Drainage Divisions and for some of
the people in the water and sewer construction crews. These employees
are the ones usually involved in major construction or repairs and may
spend several days or weeks on one project. Time is loot daily in setting
up and taking down equipment. Some of this time could be saved by working
four, ten -hour days, and by working the four -day week preventive maintenance
could be scheduled for the equipment. The Administration felt that the
four -day work week would improve the efficiency of the employees and
thereby, productivity. The Administration requested approval to implement
this program for an experimental three -month period, with the understanding
that a report would be made to Council at the end of the three -month
period.
The Administration did not anticipate having difficulty in the event
the return to a five -day work week became necessary.
6253
Minutes of the Regular Meeting — April 28, 1977
Councilman Kloesel moved to accept the experimental plan outlined
by the Administration; Councilman Hutto seconded the motion. The vote
follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
Committee Reports
None.
Unfinished Business
Councilman Kloesel asked what would transpire should the Houston
Lighting and Power Company's request for cost of service adjustment and
fuel cost adjustment be denied. Mr. Richardson responded that if the
request was disapproved, the rates in effect before the previous adjust-
ment would remain in effect and that there was really no right to appeal.
If this impaired Houston Lighting and Power Company's earning ability,
they would be forced to file application for a rate increase.
Councilman Kloesel moved that the City of Baytown disapprove this
proposed rate increase shown as a cost of service adjustment and fuel
cost adjustment. There was no second to this motion.
Recess and Reconvene
Mayor Pro Tem Lander recessed the meeting into executive session
for the discussion of land acquisition and personnel matters. When the
open meeting reconvened, Mr. Lanham explained that Council authorization
was needed to obtain appraisals on park land.
Councilman Kimmons moved to authorize the Administration to obtain
appraisals on parks land; Councilman Hutto seconded the motion.
Councilman Kloesel asked that when looking at park land, that the
area in Old Baytown where the Guadalupe Church is situated be considered
for further development since the residents in that area had developed
a small area. Mr. Wayne Gray, Chairman of the Parks' Board, was present
and said that the Board had looked at this area, but was unable to locate
available land there. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, and Hutto
Mayor Pro Tem Lander
Nays: None
Appointment of Board of Equalization
Councilman Kloesel moved to appoint C. 0. Walker, Lamar Kelley,
and A. H. Miles to serve on the Board of Equalization for 1977; and to
set the first meeting of the Board for June 1 at 5:00 p.m.; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
ORDINANCE NO. 2222
AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION TO SERVE
FOR THE YEAR 1977, FIXING THE TIME OF THE FIRST MEETING
OF SAID BOARD, AND AUTHORIZING SAID BOARD TO EXERCISE THE
POWER AND FULFILL THE DUTIES CONFERRED UPON ON IT BY THE
CHARTER OF THE CITY OF BAYTOWN.
6254
Minutes of the Regular Meeting - April 28, 1977
There being no further business to transact, Councilman Kloesel
moved to adjourn; Councilman Kimmons seconded the motion. The vote
follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
Eileen-P. Hall, City Clerk
7
M,�