1977 09 22 CC Minutes70922 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 22, 1977
The City Council of the City of Baytown, Texas, met in regular
session Thursday, September 22, 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
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
Fritz Lanham City Manager
Dan Savage Assistant City Manager
Neel Richardson City Attorney
Eileen P. Hall City Clerk
Mayor Gentry called the meeting to order, and the invocation
was offered by the Rev. Charles D. Probst, Pastor of St. Paul's
Lutheran Church.
Annrove Minutes
Councilman Kimmons moved to approve the minutes of the regular
meeting of September 8, 1977, and ratification of actions concerning
each of the matters listed on the agenda of said meeting; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon f
Mayor Gentry
Nays: None
Receive Petitions
None.
City Manager's Report
Revenue Sharing Funds - The Administration is working on the
plans and specifications for the Fire Department's pumper and mini -
pumper for which Revenue Sharing Funds were appropriated, and they
expect to advertise for bids in early October. The Administration
is planning to take bids on October 5, 1977 for the additional
drainage equipment which was also appropriated under Revenue Sharing
Funds.
West District Sewage Treatment Plant - The Administration has
received a letter from the Texas Department of Water Resources, which
is the new name for the agency which includes the Texas Water Quality
Board, indicating that the agency has reviewed the City's facility
plan for the West District Sewage Treatment Plant and has approved
the plan and certified it to the Environmental Protection Agency.
The estimated cost of the total project is $4,697,000.00 with
approximately $3,440,000.00 eligible for federal grant participation.
This application could not be sent on and approved by Environmental
Protection Agency until the City could get their permit from the state
for the discharge of the effluent into the San Jacinto River.
70922 -2
Minutes of the Regular Meeting - September 22, 1977
Off -Duty Jobs - Police Officers - At the last Council meeting,
Council inquired as to the method in which police officers are
referred to off -duty jobs. Mr. Lanham explained that he had received
a report from Be Turner, Chief of Police, indicating that the depart-
ment does not secure off -duty jobs for police officers nor does the
department assign men to off -duty jobs. The arrangements are made by
the policemen on their own.
Solid Waste Collection Route - The Administration has recently
completed a study of the City's solid waste residential collection
routes. This must be done periodically in order to keep the routes
as nearly equal in size as possible. Beginning Monday, September 23,
1977, the garbage trucks will be traveling different routes through
the city. This rerouting should provide for more efficient service
and equalize the size of the routes. Two major changes will result
from this rerouting - residents who place their garbage on the alley
between Carolina and New Jersey will have new collection days and
they are being notified individually of this change; and other people
will be affected only in the time of the day that their garbage will
be picked up. The ordinance has provided for many years that the
garbage should be placed at the front of the lot or at the alley by
7:30 a.m. and that still will be the case. Door tags have been placed
on the doors of the houses which will have their collection day changed
and also the Baytown Sun indicated that they will help in publicizing
the changes that have been made.
In response to a question from Councilman Kloesel, Mr. Lanham
responded that the last time a route was added to the garbage collection
system was approximately 3 or 4 years ago when 3 additional routes were
added.
Capital Improvement Project - Bayway Drive Water Line - A total
of 4500 feet of pipe has been installed and 34% of the line is in
place.
Market Street Bridge - The fill work has been completed and the
contractor has begun bringing the subgrade to the proper elevation.
The contractor will begin the liming operation on Monday, September 26,
1977, to prepare the subgrade for paving. Carnegie Street has been
closed at Market Street and will remain closed for 6 to 8 weeks. The
Administration has been working with the school officials making
preparations to close the street and the school officials have made
provisions for handling the school traffic and the buses. All the
storm sewer has been installed and about half of the water line
replacement has been completed. Eighteen of the 45 pilings that must
be driven are in place and this work should be completed in about 2
weeks.
East District Sewage Treatment Plant Sludge Dewatering Facilities
The support columns for the centrifuge have been poured and the forms
are being installed for the construction of the floor slab of the cen-
trifuge. The electrical conduit is being installed and this project
is about 65% completed.
Ouestions or Comments Reeardine the Citv Manaeer's Report
Mayor Gentry inquired about the work being done in the Central
Heights area. In response, Mr. Lanham explained that storm sewer
and sidewalks are being installed in this area and almost all the
storm sewer pipe is in place, but there is a great deal of additional
work that needs to be done including the shaping of the ditches so
that the water may drain properly. Also, the .elevation of some of the
inlets will have to be changed and some of the sidewalks will have to
be reconstructed. Mr. Lanham also explained that there will be no
widening of streets. Mr. Lanham also mentioned that the sidewalk
construction along streets where there is no curb and gutter such as
Laredo will not look as neat as sidewalks in areas where there is curb
70922 -3
Minutes of the Regular Meeting - September 22, 1977
and gutter. Mr. Lanham also explained that after this work is
completed, the water will drain properly.
Councilwoman Wilbanks inquired about the drainage problem
on Baker Road. Mr. Lanham commented that he had spoken with Mr.
Fonteno's office several times and they have informed him that
the work that had to be done in order for the one area near the
shopping center to drain properly has been done. Mr. Lanham also
explained that the project is designed to drain in the ditch
along the northside of Baker Road.
Councilman Kloesel inquired about the percentage of work that
has been completed on the total project in the Central Heights area?
In response, Ken Powers, City Engineer, explained that the percentage
of work completed is calculated by the pay -out on the amount of pay
items which makes this project about about 85% complete but the cleanup
work is not near completed. Councilman Kloesel commented that he was
concerned about paying the contractor for the work before the entire
project is completed including the sidewalks that will need replacing
and the cleanup work. Mr. Powers explained that the City has 10%
retaining as well as a performance bond from the contractor.
Councilman Lander inquired if the City has received the new
two -man garbage trucks? In response, Mr. Dan Savage, Assistant City
Manager, explained that the new trucks should be coming in within
the next two weeks.
In reponse to a question from Councilman Cannon, Mr. Lanham
explained that it was necessary to close Carnegie Street and also
that the contractor is going to pave the portion of Market Street
adjacent to the school property to connect Market Street to the
parking lot and this will be done as quickly as possible.
Councilman Cannon also inquired if there could be something done
at the intersection of West Main and Spur 201? Councilman Cannon
suggested that maybe a temporary light or a stop sign could be
installed on West Main at its intersection with Spur 201, or possibly
someone could direct traffic during the peak time of traffic flow.
Mr. Lanham commented that the average daily count for 24 hours on
Spur 201 is a little under 3,000 and the average count on West Main
for 24 hours is 17,241. Mr. Lanham suggested that the Administration
could get in contact with the Highway Department to see if there is
something they can do about the situation.
Councilman Hutto commented that there is a similar problem at
the Park and Decker intersection in the mornings. Council suggested
that when Spur 201 is completed, a protected right turn lane may help
alleviate this problem.
Councilman Kloesel felt that Council should look into the possi-
bility of widening the portion of West Main from Market Street to Lee
Drive and asked that this be passed on to the County Commissioner.
He also requested that at the next Council meeting Council discuss the
possibility of requesting that West Main be widened to four lanes.
Councilman Kloesel commented that he is receiving complaints about
the water in the Southwest Addition. He asked that the Engineering
Department look into this matter and see how this could be solved.
He explained that the water becomes foul about 3 months after the City
flushes the fire hydrants.
Representative of the American Automobile Association Presented the
City with a Pedestrian Safety Award
Bob Hacker, a representative of the American Automobile Association
was present to present the City with a Pedestrian Safety Award. Each
year for the past 38 years, Triple A has conducted a pedestrian safety
inventory which is designed to recognize cities and states demonstrating
r
70922 -4
Minutes of the Regular Meeting - September 22, 1977
achievement in pedestrian safety and to encourage more effective
traffic safety programs. The City of Baytown participated in the
latest inventory which reviewed the records and programs for the
year 1976 and based on its record, the City of Baytown has earned
a special citation for casualty record.
Mayor Gentry asked that Mr. Hacker present this award to Council-
man Cannon who is the chairman of the Council's Traffic Committee.
Councilman Cannon expressed his thanks and said that it is an honor
to accept this award on behalf of the City of Baytown.
Diana Sharpe Appeared
Mrs. Diana Sharpe appeared before Council regarding the payment of
$41.00 penalty and interest on back taxes that she did not know she
owed the City of Baytown. Mrs. Sharpe explained that she is a
resident of Highlands and in Highlands they do not pay city taxes,
but they do pay county and school taxes. She explained that when
she purchased the land in Baytown, she went to the county and school
tax office to notify them of the change of ownership. Since she was
unaware of any city taxes being owed, no payments were made. Then
in August she was notified by her tenant that taxes were outstanding.
Mrs. Sharpe felt that the penalty and interest which had accumulated
on this account should be forgiven since she was unaware that any
taxes were owed.
Mrs. Sharpe said that she had talked with Mr. Scott Bounds,
Assistant City Attorney, regarding this matter, and he said that her
only recourse would be to appeal to the City Council. She said that
she had told Mr. Bounds that she would be willing to pay the taxes
without penalty and interest, but Mr. Bounds explained that the City
is not authorized to accept partial payment.
Neel Richardson, City Attorney, explained that City Council may
not legally forgive penalty and interest because it is a just debt
due and owing the City. Mr. Richardson said that he was sorry that
there was some problem with notice from the tax department, but the
tax department did not know that Mrs. Sharpe owned the property and
that the tax notices had been sent to the former owner until notifi-
cation was received that he no longer owned the property.
Mayor Gentry questioned whose responsibility was it to get property
onto the tax roll. In response, Mr. Richardson explained that the
records of the County Clerk by law are the records which control legal
title to real property. Title companies have the facilities and are
paid to research these records, and the City cannot and does not
attempt to catch transfers of real estate because of the many transfers
that take place each day. Mr. Richardson also explained the transfer
of real estate becomes recorded on the City's tax roll only if the
person comes in and renders the information. Mr. Richardson also
commented that the law does not require the City to send anyone a
bill for taxes. After this explanation, Mayor Gentry explained to
Mrs. Sharpe that Council did not have the authority to forgive the
penalty and interest.
Consider Request of Houston Lighting and Power Company for Fuel Cost
and Cost of Service Adjustment
Council has received a copy of the Statement of Fuel Cost and
Cost of Service Adjustments from Houston Lighting and Power for
October, 1977. The cost for the customer who uses 2,000 kilowatts
for October compared to September is less by $2.43. Council had no
objection to granting this decrease.
70922 -5
Minutes of the Regular Meeting - September 22, 1977
Discuss Amendment of CATV Franchise
The Administration was asked to place this item on the agenda
for discussion. Mr. Richardson explained that the Charter controls
the method by which a franchise may be amended which calls for a
public hearing. This is a quite a cumbersome process which requires
3 readings of an ordinance with a requirement of the lapse of 30 days
between the first and third reading and additional 60 days lapsing
between the final reading and the effective date. Before embarking
on this process, the City would like to make absolutely certain that
if the City is going to amend this franchise, that we have a franchise
that is acceptable to the CATV Company. It is not that CATV wishes
are controlling but since they do have a sizeable investment based
upon the strength of this franchise, before the City starts this long
cumbersome proceeding, the City Attorney felt that the provisions
of any change in the franchise should be changes that have been
considered by both parties to the franchise; Council concurred.
Councilman Kloesel asked that he receive a copy of the present
franchise.
Ordinance - Authorizing Extension of Ambulance Service Contract for
a Two Year Period
The Administration had discussed with Mr. Jess Navarre, owner
of and operator of Baytown Ambulance Service, the possibility of his
purchasing additional radio equipment including a base station which
would enable him to be independent of the City's Public Works frequency.
For several years, this did not present a problem for the City but
many radios have been added since this contract was initially signed.
Mr. Navarre is willing to purchase this equipment at his expense and
have his own frequency, but he would like to get a two year extension
for this contract if he is going to make this expenditure which would
be $4,000.00 - $5,000.00. The contract will continue to have a 30 day
cancellation clause. The Administration recommended that Mr. Navarre's
request for a two year extension which would be to April 30, 1981 be
approved.
Councilwoman Wilbanks moved for the adoption of the ordinance;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2315
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 MODIFICATION AGREEMENT BETWEEN BAYTOWN
AMBULANCE COMPANY, INC. AND THE CITY OF BAYTOWN WITH
REGARD TO A CONTRACT ENTERED INTO ON FEBRUARY 28, 1973,
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Awarding Bid for Sale of City Property
The Administration reported to Council several weeks ago that
the City had been contacted by the Diamond Shamrock Company indicating 7
that they wished to purchase an easement across property that had been
given to the City several years ago by the San Jacinto Wharf Company.
The City, by law could only sell this easement after receiving bids.
One bid was received. The bid tabulation follows:
Diamond Shamrock Company $3,400.00
70922 -6
Minutes of the Regular Meeting - September 22, 1977
The easement is across the island in the Crystal Bay area which is
called Goat Island. Much of this land is under water. The Admin-
istration recommended approval of the ordinance.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Cannon seconded the motion.
Councilman Cannon asked what was the City's interest in the land
to start with. Mr. Lanham explained that at the time the land was
given to the City, it was thought that there was a possibility of a
levee system being constructed to protect Brownwood and that it would
have been constructed along this island.
Councilman Cannon asked if there was a provision in the instrument
conveying the easement in the event the City should need that land for
a levee system. Mr. Richardson explained that this was the City's
reasoning behind conveying an easement rather than fee title to the
property so that the City may still have the right to use the surface.
There might need to be some adjustment to the pipelines. Councilman
Cannon expressed his concern about the expenditure that might be
involved in adjusting the pipeline if needed.
Councilman Cannon moved to amend the ordinance to include that
the conveyance be contingent upon that if this section of land ever
be needed for flood protection, that any pipeline adjustment would
be at Diamond Shamrock Company's expense; Councilman Kloesel seconded
the motion.
Councilman Kloesel felt that it is reasonable to believe that
sometimes in the future, the City might look into an expected levee
system. Councilman Hutto felt that this particular island might be
used in conjunction with whatever they decide to do with the Brownwood
area in the future. The vote on the amended motion follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2316
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF DIAMOND SHAMROCK CORPORATION
FOR THE SALE BY THE CITY OF BAYTOWN, TEXAS, AND THE
PURCHASE BY THE SAID DIAMOND SHAMROCK CORPORATION OF A
PIPELINE EASEMENT ACROSS CITY OWNED PROPERTY FOR THE
SUM OF THREE THOUSAND FOUR HUNDRED AND NO /100 ($3,400.00)
DOLLARS.
Ordinance - Awarding Bid for Estimated Annual Supply of Tires and Tubes
The agenda packet included the tabulation of the bids for tires
and tubes, but did not indicate the low bidders in each section nor
did it indicate the bidders that did not meet specifications but a
new bid tabulation that indicated the low bidders and the bidders
that did not meet specifications had been placed at the Council table.
Five bids were received. The bid tabulation follows:
i
70922-7
Minutes of the Regular Meeting - September 22, 1977
SUCCESSFUL
BIDDER
Item 1
Sexson Tire Co.
Item 2
Sexson Tire Co.
Item 3
Kilgore Exxon
Section II
Item 1
Sexson Tire Co.
Item 2
Fulco Tire Dist.
Item 3
Sexson Tire Co.
Item 4
Kilgore Exxon
Item 5
EST.
QUA—N_
UNIT ESTIMATED
DESCRIPTION PRICE TOTAL PRICE
125 E70 X 14 -B $ 27.26 $3,407.50
12
ER70
X
14 -B
42.11
505.32
36
1178
X
15 -B
29.05
1,045.80
58
G78
X
15 -C
23.96
1,389.68
5
H78
X
15 -C
30.43
152.15
25
750
X
16 -D
47.82
1,195.50
11 800 X 16.5 -D 33.47 368.17
27 825 X 20 -E 77.86 2,102.22
14 900 X 20 -E 90.29 111264.06
Sexson Tire Co. 60 1000 X 20 -F 112.93 6,775.80
Item 6
Jimmy's Tire Service 6 1122.5 X 20 -H 187.16 1,122.96
Sexson Tire Company submitted the low bid that met specifications on
Items 1 and 2 in Section I and Items la and lb, 3, 4b, and 5 in Section
II. Fulco Tire submitted the low bid on Item 2 in Section II.
Kilgore Exxon submitted the low bid on Item 3 in Section I and Item
4a in Section II. Jimmy's Tire Service submitted the low bid on Item
6 in Section II. All vendors will deliver tires as they are needed.
The Administration recommended approval of the low bid.
Councilman Cannon moved for the adoption of the ordinance;
Councilman Kloesel seconded the motion.
In response to a question from Council, Mr. Lanham explained
that all the vendors are located in Baytown except for Jimmy's Tire
Service. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
70922 -8
Minutes of the Regular Meeting - September 22, 1977
ORDINANCE NO. 2317
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BIDS FOR MISCELLANEOUS TIRES AND
TUBES AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN
FOR EACH SECTION AS SET FORTH HEREIN.
Ordinance - Authorizing Abandonment of a Ten -Foot Utility Easement
at 509 Dwinnell
The Administration has received a letter from Mr. John Gills
of 509 Dwinnell asking that he be allowed to use the utility easement
in his backyard to install a swimming pool. The easement in question
has never been used for the location of any utility lines and all the
utility companies and the City have agreed that this easement will
serve no purpose. Mr. Gills needs approximately 926 square feet
which the City's Tax Assessor's appraisal for the easement rights
is $360.00. The Administration recommended approval of the ordinance.
Councilman Hutto 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
ORDINANCE NO. 2318
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ABANDONING A PORTION OF THE UTILITY EASEMENT
ADJACENT TO LOT 24, BLOCK 16, SECTION II, MILBY DALE
SUBDIVISION, BAYTOWN, HARRIS COUNTY, TEXAS UPON APPROVAL
BY UTILITIES FRANCHISED BY THE CITY; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SUCH INSTRUMENTS AS ARE
NECESSARY FOR SUCH ABANDONMENT, IF ANY; AND PROVIDING
FOR AN EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Execution of a Contract for Operating Baytown
Housing Authority Community Centers
This contract is similar to previous agreements between the City
and the Housing Authority except that this year's contract provides
that the City will operate community centers at only the Lincoln -Sam
Houston Courts and Edison Courts. The Housing Authority no longer
wishes to operate the neighborhood center program at DeZavala. The
contract is for the same amount of money but for two locations and
the City would give additional hours at those locations to compensate
for no longer providing services at DeZavala. The Administration
recommended approval of the ordinance.
Councilman Lander moved for the adoption of the ordinance; 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. 2319
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 BETWEEN THE HOUSING AUTHORITY OF THE CITY OF
BAYTOWN AND THE CITY OF BAYTOWN, TEXAS, WITH REGARD TO
PROVIDING CITY OF BAYTOWN PARKS $ RECREATION DEPARTMENT
PERSONNEL FOR THE ORGANIZATION, SUPERVISION, AND ADMIN-
ISTRATION OF CON24UNITY ACTIVITIES PROGRAMS AT EDISON
COURT AND LINCOLN -SAM HOUSTON COURT COMMUNITY CENTERS
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
70922 -9
Minutes of the Regular Meeting - September 22, 1977
Ordinance - Prohibiting the Possession of Burning Tobacco Products
or the Smoking of Tobacco in Certain Public Places
In accordance with Council instructions, this ordinance was
drafted and certain cities that have such an ordinance were contacted
regarding enforceability. The Administration learned from checking
with the Cities of Houston and Dallas, that even though the ordinance
was on the books, there was very little interest in enforcing it
because citizens found that it took quite a bit of their time to
actually file the case. However, in the City of Austin the city
and university police indicated that the psychological effect of
such an ordinance has been noticeable in that people seem to
extinguish their cigarettes if they see a no- smoking sign.
Councilman Kimmons felt there would not be too many people
who would deliberately flaunt a situation where there was a no- smoking
sign. He also commented that there should be designated areas for
no- smoking.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Cannon seconded the motion.
Mr. Richardson explained that at the present time, smoking is
prohibited by state law in public, primary and secondary schools,
elevators and closed theaters, libraries, etc. This ordinance would
state more specifically where smoking is prohibited.
In response to Councilman Lander's inquiry, Mr. Lanham explained
that it is not illegal to smoke in any grocery store at the present
time but would be illegal to smoke in the grocery store if this
ordinance would be adopted. Councilman Lander then indicated that
he would support this ordinance if everything were deleted in the
ordinance except for Item 7. He felt that this restriction should
be left up to the owner of the business. Councilman Kimmons concurred ,
with Councilman Lander. The motion and second were withdrawn. How-
ever, Councilman Cannon said that he would like to hold this ordinance
in reserve and get more feedback from the public to see if there is
an interest in the ordinance.
Ordinance - Authorizing Execution of a Facilities Management Contract
for Data Processing Services
Mr. Lanham explained that the City has a great deal of difficulty
in hiring and keeping data processing personnel. For several months.
the City has tried to recruit a computer programmer and the City has been
unable to hire the kind of person that is needed to accomplish the work.
The City has an alternative in this situation.
Mr. Dan Savage explained that in June of this year, the computer
programmer resigned from the City and shortly after that, 1 key punch
operator also resigned from the City. This left the City without
any trained staff to do the water billing, tax billing, payroll and
payable systems which are quite dependent upon the computer operations.
In order to receive a temporary recovery in data processing, Mr. Savage
and Mr. LeFevre spoke with the Honeywell Company who have provided the
City with the exising data processing equipment and they referred the
City to Mr. Bob Greer. Mr. Greer has worked in the data processing 1.7
field for approximately 10 years and has a wide variety of experience.
He previously worked with the Honeywell Company and is familiar with
their equipment and how it works. In August, Mr. Lanham authorized
the retainage of Mr. Greer on a temporary basis while the City
attempted to recruit a new computer programmer. In the course of the
recruiting efforts, one thing that became very apparent was that there
are very few people who have sufficient experience on the City's type
of equipment who could come in and take over the City's operation
without a long training period. Many of the people who were applying
for this particular position were versed in one aspect of data
processing, but they did not have a solid general background for data
processing.
70922 -10
Minutes of the Regular Meeting - September 22, 1977
Thr recruiting efforts were not quite successful, and it became
apparent that the City possibly had a very good opportunity to retain
Mr. Greer. Mr. Savage explained that he and Mr. LeFevre sat down
with Mr. Greer and discussed the possibility of a Facilities Management
Contract. In this contract, the City would provide all the resources,
computer equipment, the supplies, etc. and Mr. Greer would come in
and provide the know how to operate the current system. The City
needs someone who has the capability of maintiaing the existing
programs, maintaining the overall scheduling of operations and most
important in the future, developing new systems. This contract with
Mr. Greer would allow him to assume this responsibility. He would
replace and displace the position of computer programmer in the City
budget. He would work for the City for a total of 1,000 hours a year
for a three year period at an annual fee of $18,000.00 and during
this period of employemnt, he would in effect run the City's data
processing operations. Because of Mr. Greer's extensive experience
in this field, he will be able to come in and work 1,000 hours which
is equivalent to a half time person, and provide the City with the
direction that is needed to maintain our existing program and operations
and then move on to developing other programs. If the City can secure
this contract with Mr. Greer for 3 years, it will eliminate a turn
over in the data processing shop and will allow the City to establish
some stability. The contract also provides for a 30 day cancellation
period. Mr. Greer would not be a City employee and will not receive
City benefits. This contract would be very similar to a consulting
contract.
Councilman Kimmons inquired if 1,000 hours a year will be
sufficient time for him to complete this work? Mr. Savage explained
that the key to the 1,000 hours is the pace of development and if the
City wants to branch out and get into a period of new applications
rapidly, then it will take more than 1,000 hours,
Councilwoman Wilbanks inquired if the City will work directly
with the individual or will Mr. Greer see that the company carries
out this service. Mr. Savage replied that Mr. Greer is the company
and there is one more person who could back Mr. Greer but Mr. Greer
is the one the City will be working with exclusively. Councilman
Cannon commented that this is an important point because the City
does not want to train someone from Mr. Greer's company at $18.00
a hour.
The Administration recommended approval of the ordinance.
Councilman Lander moved for the adoption of the ordinance;
Councilman Kimmons seconded the motion.
Councilman Kloesel inquired about the possibility of the City
employing a full -time programmer? Mr. Savage explained that the
salary budgeted for a programmer was $16,200.00, plus City benefits
would make the salary approximately $18,000.00. Mr. Savage commented
that to employ someone with the skills that Mr. Greer possesses would
be the salary range of approximately $20,000.00 - $25,000.00. Council-
man Kloesel felt that it would be an asset to have a full -time employee
in this position and that it also might relieve the pressures from
other employees in this department.
Mr. Lanham commented that if Council were to consider raising
the salary range for the computer programmer to $20,000.00- $25,000.00,
there would also be a need to review the department heads salaries.
Mr. Lanham commented that this has convinced the Administration that
this is the way to obtain the expertise without paying that kind of
salary.
Mr. Savage commented that it is important to keep in mind that
the existing equipment will have to be used for production at which
the programmer would be idle and also that when Mr. Greer enters the
office in the morning, he puts in a full 4 hours work plus extra.
The vote follows:
70922 -11
Minutes of the Regular Meeting - September 22, 1977
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2320
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
FACILITIES MANAGEMENT CONTRACT WITH B.H. GREER, d /b /a
COMPUTER CONSULTING SERVICES FOR DATA PROCESSING SERVICES
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Execution of a Contract with Langford Engineering
Inc. /Texas Transportation Institute for a Small Area Transit Study
On July 14, 1977, the City Council approved an ordinance which
authorized the execution of a contract with Langford Engineering, Inc./
Texas Transportation Institute for a Small Area Transit Study. When
the contract was forwarded to the Urban Mass Transit Administration
for review and approval, they asked that some changes be made in the
contract. None of these changes involve the scope of work or a greater
cost to the City. Because of these requested changes, the City needs
to repeal Ordinance No. 2268 and replace it with a new ordinance. The
Administration recommended approval of the ordinance.
Councilman Hutto moved for the adoption
woman Wilbanks seconded the motion. The vote
Ayes: Council members Lander, Kimmons,
Mayor Gentry
Nays: Councilman Kloesel
ORDINANCE NO. 2321
of the ordinance; Council-
follows:
Wilbanks, Hutto and Cannon
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 2268 AND RESCINDING THE
CONTRACT WITH LANGFORD ENGINEERING, INC. FOR CONSULTING
SERVICES FOR A SMALL AREA TRANSIT STUDY; AUTHORIZING
THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO
EXECUTE AND ATTEST TO A NEW CONTRACT WITH LANGFORD
ENGINEERING, INC. FOR SAID SERVICES; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Accepting Revised Preliminary Report for Kilgore Road
Storm Sewer Project
When the 1975 bonds were voted, funds were included to construct
storm sewers on Kilgore Road in the vicinity where Mockingbird Lane
intersects with Kilgore to relieve the drainage problem and also to
help relieve the drainage on portion of Morning Drive. When Busch,
Hutchinson and Associates prepared the preliminary report on this
project several months ago, they included funds for the construction
of storm sewer along Kilgore Road south to near the vicinity of
Ward Road at an estimated cost of approximately $230,000.00 - 240,000.00.""
Since that time, the Director of Public Works and the City Engineer
have visited with Busch, Hutchinson and Associates and they have
jointly recommended that a change be made in the preliminary
engineering report which would still accomplish the purpose for which
the bonds were voted -- to improve the drainage along Kilgore, but
would eliminate a portion of the large storm sewer that the earlier
report indicated would go south as far as Ward Road. In lieu of that
extension, they are recommending that a portion of the funds be spent
70922 -12
Minutes of the Regular Meeting - September 22, 1977
on what is called Phase I of the Mockingbird Lane Project from the
Harris County Flood Control Ditch up to Clayton Street which is the
street that travels in front of James Bowie School. There are no
storm sewers in this area. The revised report provides for constructing
that storm sewer at the estimated cost of $120,000.00 and it would be
sized so that Phase II of the Mockingbird Lane Project could be added
at a future date which would take it on across school property over
to the vicinity of Richardson Lane. The Administration recommended
that the revised preliminary engineering report be accepted and that
Busch, Hutchinson and Associates be directed to prepare detailed
plans and specifications for the Kilgore Road and Mockingbird Lane
Drainage Projects.
Councilman Kimmons moved to accept the revised preliminary report
and authorize Busch, Hutchinson and Associates to proceed with detailed
plans and specifications for the Kilgore Road and Mockingbird Lane
Drainage Projects; Councilman Hutto seconded the motion.
Councilman Kloesel inquired about the additional engineering
cost in this change? Mr. Lanham responded that the City used 10% as
an estimate for what the additional cost will be. The estimated
cost of the original plan was $240,000.00 and the estimated cost
with the changes is $273,000.00.
Councilman Cannon inquired about the additional $33,000.00 in
this project. Mr. Lanham replied that the these funds will be taken
out of the budget funds to supplement the bond funds. The City has
on hand about $250,000.00 in bond funds under drainage. Budget funds,
under streets and drainage category, are approximately s million dollars.
Councilman Cannon inquired about the advantage of extending the
42" storm sewer from Morning Drive to Kilgore Road and that portion on
south through Mockingbird Lane? Jim Hutchinson and David Corbin,
Consulting Engineers from Busch, Hutchinson and Associates were present
to answer any questions that Council might have. David Corbin explained
that this extension line is necessary to the point primarily because
of the flooding problems that are experienced on Mockingbird. There
are two inlets at the present time at the intersection of Mockingbird
and Kilgore Road but the storm sewer is undersized. This extension
of the line down to this point will help alleviate this flooding
problem and will also serve as a starting point to extend the storm
sewer in the future on to the south. Mr. Corbin explained that there
is a storm sewer on Mockingbird Lane at the present time but it is
unable to hold an extremely large amount of water at one time.
In response to another question from Councilman Cannon, Mr. Corbin
explained that there is a summit in the roadway in the way the land
is graded at the intersection of Morning Drive and Mockingbird Lane
which channels the water back toward the corner where the storm sewer
starts, whereas Mockingbird Lane drains toward Kilgore Road. In summary,
the present 24" storm sewer is not relieving any drainage of Mockingbird
Lane.
Councilman Cannon inquired if Kipling Drive, Eaves, and Frenchplace,
etc. will be tied in to the present line during Phase I. At the present
time, there are no inlets. Mr. Corbin continued to explain that there
is also a problem in front of James Bowie School and this will be
addressed when the study begins on the Ward Road Storm Sewer Project
which is scheduled for next year.
Mayor Gentry asked if the water that drains from Ivie Lee flows
to Ward Road? Mr. Corbin explained that presently it drains to Ward
Road and concurred with Mayor Gentry in the effect that the main purpose
for Phase II will be that the 36" pipe will basicly drain the school
property properly.
70922 -13
Minutes of the Regular Meeting - September 22, 1977
Councilman Cannon felt that Council should look closely at
Phase II of the Mockingbird Lane project because it will include an
additional $75,000.00, and in fact that storm sewer will be looked
at on Ward Road to help relieve the drainage problems in that area.
Councilman Cannon also felt that it might be better to try and drain
all the water down Richardson Lane to Ward Road instead of trying
to drain the water over a crown in the street into the Flood Control
Ditch.
Jim Hutchinson explained that there is one problem with Ward
Road is that alot of water drains off the school grounds and the a
Bay Plaza Shopping Center parking lot down to the private road into
the intersection of Lacy Drive and Richardson Lane and then it flows
down Richardson Lane to Ward Road. What is being proposed is that
an area inlet be installed in order that the water will be stopped
before it gets on Richardson Lane and this will help the drainage on
Ward Road.
Councilman Cannon inquired in making this revision, will it
change the intent of the bond issue itself. Mr. Lanham explained
that it still accomplishes the purpose for which the bonds were
voted. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
Consider Authorizing Bids for Sliplining Contract No. 77 -2
A list of 14 different areas along 14 different streets that
need to be sliplined had been given to Council. Mr. Lanham explained
that most of the sewer lines that will need to be sliplined are located
in the Graywood Subdivision and there are few areas in the Lakewood ^�
and Hill Terrace area that need to be sliplined. The estimated cost
of this project is approximately $250,000.00. The City sold
$500,000.00 sewer improvement bonds last year for the use in the
central district to do this type work. The Administration asked that
Council give their approval to advertise for bids for this work.
Councilman Kloesel inquired about the sewer line that he reported
on Kentucky Street. Mr. Ivan Langford III, Director of Public Works,
explained that a few months ago televised work was done on Kentucky
Street and that the line was still in reasonable shape but the televised
report did show a few minor problems on the line and these repairs were
made.
Councilman Cannon moved to authorize the Administration to advertise
for bids for the sliplining work; Councilman Kimmons seconded the motion.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
Consider Authorizing Purchase of Sanitary Sewer Easement from North -
shore Lanes, Inc.
This item will be covered in the executive session.
Resolution - Authorizing the City to Make Application for Grant Funds
to Continue the Senior Citizen Taxi Program
The City would like to make application for a grant in the amount
of $15,000.00 to continue the Senior Citizen Taxi Program. The City's
share would be $5,000.00 and the Revenue Sharing Funds that were
70922 -14
Minutes of the Regular Meeting - September 22, 1977
appropriated one and half years ago for Senior Citizen Programs could
be used to match this $15,000.00 federal grant.
Councilman Kimmons inquired as to who sets the guidelines concerning
eligibility under this program. In some instances individuals need to
take advantage of the program but are unable to do so because of the
guidelines. Mr. Savage explained that at the last committee meeting,
the members decided to study the guidelines in order to cover situations
where if together senior citizens receive a salary over the limit set
by the guidelines, and most of this salary goes to a nursing home or
for medical expenses, then only one salary would be considered or some
similar solution would be considered.
Councilman Kimmons moved for the adoption of the resolution; Council-
man Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 594
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE HOUSTON -
HARRIS COUNTY AREA AGENCY ON AGING FOR GRANT FUNDS IN
THE AMOUNT OF FIFTEEN THOUSAND AND N0 1100 ($15,000.00)
DOLLARS FOR THE CITY OF BAYTOWN SENIOR CITIZENS' TAXICAB
PROGRAM.
Committee Reports
Councilman Lander reported that two weeks ago he attended the
Gulf Coast Civil Defense meeting in Texas City, and once again they
brought up the hazard that Baytown could experience if this area
would experience the kind of hurricane that hit Mexico a few weeks
ago with 15 foot tides. Due to the wind action, Baytown would have
tides that could be 15% higher which would be approximately 22 -23
feet. Many citizens are aware of this, but most of the citizens do
not recognize the hazards of the high tides that accompany a killer
hurricane. Councilman Lander asked that Mr. Lanham through the Civil
Defense to give some thought to publicizing this to make citizens
recognize these hazards.
Unfinished Business
Councilman Kloesel asked that Council review the City's policy
in inspection of food establishments. Are the employees required to
have blood tests as required by state law? Councilman Kloesel would
like an updating on this ordinance to make certain that the city's
ordinance protects citizens properly.
Recess and Reconvene
Mayor Gentry recessed the open meeting to executive session to
discuss acquisition of land and personnel. When the open meeting was
reconvened, the following business was transacted:
Ordinance - Authorizing Purchase of Sanitary Sewer Easement from North-
70922 -15
Meetings of the Regular Meeting - September 22, 1977
The Administration recommended approval of the ordinances and
payment of $1,200.00 for the purchase of a sanitary sewer easement
from Northshore Lanes, Inc.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and
Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2322
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ACQUISITION OF AN EASEMENT
ACROSS LAND OWNED BY NORTHSHORE LANES, INC.; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ONE THOUSAND
TWO HUNDRED AND N01100 ($1,200.00) DOLLARS; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Adj ourn
There being no further business to be transacted; Councilman
Kimmons moved to adjourn; Councilman Cannon seconded the motion.
The vote was unanimous for adjournment.
`� aAZ'z) k-R.Q� x ,
Karen Petru, Deputy City Cler
Approved:
Eileen P. Ha11,,City ClerT