1977 12 20 CC Minutes, Specialr
71220 -1
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 20, 1977
The City Council of the City of Baytown, Texas, net in
special session Tuesday, December 20, 1977, at 6:30 p.m. in
the Council Chamber of the Baytown City Hall. The following
members were in attendance:
Jody Lander
Jack Kimmons
Ted Kloesel
Mary E. Wilbanks
Emmett Hutto
Allen Cannon
*Tom Gentry
Fritz Lanham-
Dan Savage
Neel Richardson
Karen Petru
Absent: Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
Deputy City Clerk
City Clerk
Mayor Gentry called the meeting to order and the invocation
was offered by Councilman Allen Cannon.
Approve Minutes
Councilwoman Wilbanks moved to approve the minutes of the
regular nesting of December 8, 1977, and ratification of actions
taken concerning each of the natters listed on the agenda of
said meeting; Councilman Hutto seconded the motion. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Receive Petitions
None.
City Manager's Report
Bayway Water Line - All of the pipe has been installed and
about two- thirds of the pipe has been pressure tested. All of
the testing should be completed by the first week of January and
final tie -ins will be made at that time.
Phase II of the Baytown Sports Complex Improvement - The
contractor has poured the slabs for the press box, the concession
and restroom building. The contractor scheduled the pouring for
the tennis courts and the play slab on Thursday. The site work
contractor has completed a great deal of the drainage work and is
preparing the parking areas for paving.
Market Street Bridge - By this Thursday, all of the paving
should be finished on the project except for the bridge approach
slabs. Next week the contractor will set the box beams on the
bridge and the roadway and ramps should be ready for school use
when classes resume after the holidays. The Administration
expects that the project will be completed in 6 to 8 weeks.
71220 -2
Minutes of the Special Meeting - December 20, 1977
Street Rebuilding Program - All of the streets have been
completed with the exception of North Burnett which is in progress.
Parts of Bayliss will need to be reworked.
Sliplining Contract - The first contract has been completed
with the exception of some discrepancies that need to be corrected.
The contractor has started on the second contract and has installed
800 feet of 5 -inch pipe between Oakmont and Memorial on Rosewood
and has made seventeen service taps on that line.
Jail Services - The City's contract with Harris County for
jail services will expire at the end of this month. The Administration
would like to discuss with the County, the renewal of this contract
and would like to ask for a $3,000.00 a year increase. The last
contract with the County for jail services covered a period of nine
months. On an annualized basis, the County was paying the City a
sum of $56,240.00. The Administration would like to discuss the
$3,000.00 increase primarily because the City will be serving three
meals a day to the prisoners.
Mayor Gentry inquired if the City is subsidizing the County
prisoners even at this rate. Mr. Lanham explained that based on
the number of prisoners that the County is confining compared to
the number that the City is confining, the County is paying its
fair share.
Mr. Lanham felt that it is to the City's advantage to have
the County prisoners in Baytown in order to eliminate the necessity
of transporting the prisoners to another location.
Housing Authority Contract - When Council approved the con-
tract with the Housing Authority for the City's Parks and Recreation
Department to provide recreational leadership at some of the
neighborhood centers that are located at the Housing Authority
projects, the Administration had mentioned that the DeZavala
Courts Neighborhood Center, which had been included in previous
contracts, would be deleted. The Housing Authority has now asked
that the City provide recreational leadership services at this
location. The City will not be spending any more money than in
the past, and the Housing Authority will continue to pay the same
amount as paid in the past. The Administration explained that
a CETA employee will be used to provide these services at the
DeZavala Courts. Council had no objections.
Questions or Comments Regarding the City Manager's Report
Councilman Hutto inquired about the status of the City's
project on Market Street in front of the City Hall. Mr. Lanham
explained that the difficulty lies in receiving concrete. Mr.
Lanham explained that he has talked with Gifford -Hill, the City's
supplier, and they indicated the difficulty lies in the great
demand for concrete. Mr. Lanham explained that the City was able
to pour one lane of the street, and that Gifford -Hill indicated
if the City could ask for the concrete early in the afternoon
better delivery could be furnished.
Consider Statement of Houston Lighting and Power Company Cost
of Service Adjustment and Fuel Cost Adjustment for January, 1978
The statement of Houston Lighting and Power Company Cost of
Serivice Adjustment and Fuel Cost Adjustment for January, 1978,
reflected a fuel cost adjustment increase. The total increase for
a customer using 1,000 KWH is $0.22.
71220 -3
Minutes of the Special Meeting - December 20, 1977
Mr. A. T. Martin Appeared
Mr. A. T. Martin of 411 West Adoue appeared before Council
to present a petition requesting that City Council rescind the
ordinance prohibiting the parking of recreational vehicles,
such as travel trailers, motor homes, pickup campers, etc., on
streets at night. Mr. Martin felt that the present ordinance
works an undue hardship on the owners of recreational vehicles
who do not have room for off - street parking due to small lots
and short driveways. Mr. Martin commented that he would prefer
to park his camper in his driveway or backyard but is unable to
do so because the driveway is too narrow and he cannot get to
the backyard with the camper.
Mr. Martin also commented that it is necessary to have
recreational vehicles parked where they may be loaded and unloaded
without undue hardship. Recreational vehicles also need to be
parked where household current and water connections are available.
Mr. Martin felt that for security reasons, recreational vehicles
should be parked where owners may keep a close check on them.
Mr. Martin explained that the ban on parking of recreational
vehicles was originally for safety, but he was unable to find
that any recreational vehicles have been involved in parked
vehicle accidents. Mr. Martin explained further that recreational
vehicles include pickup trucks with camper shells and covers, tie
felt that this is an inconsistency because the camper shells and
covers are very easily removed. Under the present ordinance, it
is illegal to park this truck with a camper on it on the streets
at night, but if the shell or cover is removed, the truck itself
may be parked on the street.
Mr. Martin said that according to records obtained from City
Hall, there are about 18 to 20 parked vehicle accidents per month.
According to Mr. Martin, the records show that 28 of those accidents
were caused by violations other than the excessive speed, while the
other 988 of those accidents are due to excessive speed. Mr. Martin
felt that the driver of the moving vehicle is responsible for these
accidents and that something should be done to make this thing more
prohibitive on the part of irresponsible drivers. He felt that to
ban recreational vehicles and not ban all vehicles from street
parking would be discrimination against recreational vehicle owners.
Mr. Martin also pointed out that there are many owners who have
already reached Senior Citizen status and many others approaching
that status who would have to find and pay for off - street parking
as well as security for these vehicles from retirement incomes.
Mr. Martin said that he is not asking for something that would
be illegal or something that would cause a hazard. There are
restrictions that he felt would be necessary, such as parking on
corners.
Mr. Martin felt that it would be unfair to allow these 18 to
20 people who are causing these parked vehicle accidents to
penalize an entire city of approximately 55,000.
Mr. Lanham explained that there are other vehicles of similar
type which the ordinance prohibits from parking on the street,
such as tank trucks, etc., and these would need to be considered
if Council is considering changing the ordinance.
Councilman Hutto inquired as to how recreational vehicles came
to be included in Section 18 -51. Councilwoman Wilbanks explained
that as a result of such vehicles being parked on the street in a
subdivision off Garth Road a fatal pedestrian accident had occurred.
71220 -4
Minutes of the Special Meeting - December 20, 1977
Councilwoman Wilbanks inquired if this issue has been before
the Council's Traffic Committee. Councilman Cannon, Chairman of
the Council's Traffic Committee, explained that this matter had
been discussed by the committee, and the committee had not made a
determination, but in the discussion, Bill Cornelius, Director of
Planning and Traffic, was asked to look at the possibility of
some type of temporary permit which would permit 48 -hour parking.
Councilman Cannon commented that from his personal standpoint, he
is concerned if Council revises the ordinance, it will open up
overnight parking of tank trucks and dump trucks. Councilman
Cannon asked if Council can restruct some type of vehicles and
exclude other types of vehicles. Neel Richardson, City Attorney,
explained that the only purpose for any ordinance and the only
authority that Council has to exercise police power is
for the health, safety and welfare of the people. He further
stated that Council needs to look at the criteria that Council
wants to enforce in order to protect the health, safety and welfare
of the people which would necessarily entail leaving a certain
amount or width available in the streets for traffic. Mr.
Richardson also felt that Council needs to address itself to all
vehicles, commercial or recreational.
Mayor Gentry read a letter that was submitted to Mr. Lanham
from Roy A. Felder, who resides at 2101 Eaves Drive, asking that
Council and the Administration resist the pressures and appeals
of changing the present ordinance concerning parking vehicles.
In his letter, Mr. Felder commented that he appreciates the
traffic control and is proud to live in a City with uncluttered
streets.
Councilman Cannon commented that by rescinding the ordinance,
more people might start parking their vehicles on the streets.
Councilwoman Wilbanks stated that she appreciated the way
that Mr. Martin has handled his concern about the matter and
would like to see the Administration come up with possible
solutions, whether it be temporary permits or rewording of the
ordinance, and present this to Council at a later date.
Councilman Lander commented that when the streets of Baytown
were built, they were not built for parking facilities. Therefore,
he was opposed to amending the ordinance.
Council had no objections to the Administration coming back
at a later date with recommendations or solutions to the problem.
Councilman Kloesel asked that the Administration include
parking at intersections in their recommendation.
*Mayor Gentry left the meeting; Mayor Pro Tem Lander began to
preside.
Mr. Martin felt that an alternate to the present ordinance
could be met by amending the ordinance to allow for the issuance
of permits to allow street parking where traffic would not be
obstructed, and to have certain restrictions apply as to parking
near corners, etc.
Councilman Cannon commented that he hoped that Council
could come up with a permanent solution, but this would be a
good alternative.
71220 -5
Minutes of the Special Meeting - December 20, 1977
Consider Plans and Specifications for Country Club Subdivision
Water Lines and Authorization to Advertise for Bids
The 1975 Bond Program included funds for the replacement of
water lines in the Country Club Subdivision. Jim Hutchison, a
representative of Busch, Hutchison and Associates, was present
r to discuss the plans and specifications for the Country Club
Subdivision. Mr. Hutchison explained that the front sheet of
the plans gives a good description of what is being planned.
There is a side of Country Club that is east of the creek and
a side that is west of the creek. Work is being planned in both
areas. Basically, the plan is to loop the west side with an
eight -inch water main. Six -inch mains will be placed along
each of the cross streets. All of the lines in Country Club on
the west side of the creek need to be replaced. These loops will
be tied back into existing water mains on Baker Road and Decker.
An easement must be obtained in order to tie into the Rollingbrock-
Shady Hill Drive water main. The estimated construction cost
for doing this work on the west side of the creek is $291,200.00.
Because of the type of work that this project will consist of,
a 10% contingency has been added in this estimate. The contingency
would be $29.,120.00 and the engineering fees would be another
$29,120.00. The total cost for the contruction on the west side
of the bridge would be $349,440.00.
The work on the east side of the bridge is not as extensive
because the City has already replaced a number of lines on that
side. The lines to be replaced are across the bottom of Country
Club View and a line on Country Club Drive. The construction
cost on the east side of the bridge is $51,600.00 with a 108
contingency of $5,160.00 and engineering fees of $5,160.00. The
total cost for the construction of water lines on the east side
of the bridge is $61,920.00.
Councilman Lander inquired if the water lines will run down
the middle of the road or the side of the road. Mr. Hutchison
explained that the lines will be laid behind the curb on the same
side of the street where the lines are laid at the present time,
but the lines will be buried at a shallower depth which would be
approximately two feet of cover. Mr. Hutchison commented that
after installing the new lines, the service should be much better
because the lines will be tied into three source points instead of
the one. The pipe that will be used will be AC pipe instead of
the present cast iron.
In response to a question from Council, Mr. Lanham commented
that the City has about $350,000.00 in bond funds. The Adminis-
tration recommended that an alternate be taken to include the lines
on the east side of the creek, if the bid comes in below the
estimate, the City may be able to do the construction with the
bond funds and if not, it will have to be deleted and do this
part of the construction with City forces.
Councilman Rloesel inquired if the soil condition causes
the lines to go bad. Mr. Lanham explained that there are not
only bad water leaks but many six -inch line breaks in that area.
The Administration recommended approval of the proposed
plans and specifications for the Country Club Subdivision Water
Line Replacement and authorization to advertise for bids.
Mr. Hutchison said that they plan to advertise for bids on
January 3, 1978 and open bids on January 17, 1978.
71220 -6
Minutes of the Special Meeting - December 20, 1977
Councilman Kloesel moved that the plans and specifications
for Country Club Subdivision Water Line Replacement be approved
and that authorization be given to Busch, Hutchison and Associates
to advertise for bids; Councilman Kimmons seconded the motion.
The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Pro Tem Lander
Nays: None
Consider Plans and Specifications for Kilgore Road and Mockingbird
Lane Storm Sewer and Authorization to Advertise for Bids
This was one of the several drainage projects for which bond
funds were voted in 1975. There is approximately $250,000.00 in
bond funds which were allocated for this project. Mr. Hutchison
also reviewed the plans and specifications on this project with
Council. He explained that the drawing on the top of the first
page of the plans and specifications shows Mockingbird Lane at
Kilgore Road. The pipe at that point will be 48 -inch diameter
reinforced concrete pipe which will cross Mockingbird Lane and
terminate in a junction box at the other side which will tie
into a 24 -inch existing line. On the third page, there is another
junction box which is the end of this project. At this point,
the pipe will cross the road as a 66 -inch pipe and enter a natural
drainage ditch on the opposite side of Kilgore Road. That drainage
ditch will be piped for a distance of 100 or 120 feet past the
houses and lots that are there to a point and then an outfall
structure will be built at that point. This pipe is all sized
for future extensions in both directions. The estimated con-
struction cost of this portion is $107,000.00 and the engineering
fee at 10% would bring the total estimated cost to $117,700.00.
The next page of the plans and specifications showed the
outfall structure. At Mockingbird Lane from the first junction
box going up Mockingbird about 85 feet, there is a lead and two
inlets which are to be placed at that point to help relieve
flooding that occurs in that area. Page 7 shows a line that comes
from Morning Drive across an easement between houses and garages
and then gets back into Kilgore Road storm sewer. There is an
existing 24 -inch line in this easement at the present time which
the engineers are preparing to change to a 30 -inch line. There
are two small inlets at the present time, and it is proposed to
reconstruct these inlets to make them as larqe as possible.
The 30 -inch pipe to be installed is as large as these two
inlets can handle. This should help relieve the flooding that
occurs at that corner of Morning Drive.
-Page 8 showed the beginning of the proposed storm sewer on
Mockingbird Lane. This storm sewer is going to run down the
street. There is a water line on one side of the street and a
sanitary sewer line on the other side of the street which makes
it impossible to work behind the curb. There will be an outlet
placed on Clayton Drive just to the south of the Bowie School
property. The line is 42 -inch at that point. The line continues
as a 42 -inch line down to French Place where it changes to a
48 -inch line. New inlets are being proposed all along this area.
The last page of the plans and specifications shows the
48 -inch line continuing on down to a point opposite of Kipling
Drive. There are two inlets at Kipling Drive which are proposed
to be rebuilt to a larger size. This would go on to an outfall
point in the existing ditch that runs parallel to Kipling Drive.
The construction cost for this part of the project is $135,900.00
and the engineering fee would be $13,590.00 which would bring the
71220 -7
Minutes of the Special Meeting - December 20, 1977
total construction cost to $149,490.00. The estimated total cost
of this entire project is $267,000.00.
Councilman Lander inquired if this project was the last of
the drainage projects? Mr. Lanham explained that there is to be
one more project -- Ward Road and Alexander Drive scheduled for
r the 1978 -79 period. The bonds for that project have not been
I sold. The estimated cost of that was $535,000.00, and the City
has unsold bonds in the amount of $450,000.00. Mr. Lanham commented
that the City has $250,000.00 in the storm sewer bond funds for
the Mockingbird Lane and Kilgore Road Storm Sewer Project. The
Administration recommended approval of the plans and specifications
for this project and request permission to advertise for bids.
Councilman Hutto moved for approval of the plans and
specifications for the Kilgore Road and Mockingbird Lane Storm
Sewer Project and to authorize Busch, Hutchison and Associates
to advertise for bids; Councilwoman Wilbanks seconded the motion.
The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Pro Tem Lander
Nays: None
Consider Plans and Specifications for Jenkins - Holloway Park
Phase II Development and Authorization to Advertise for Bids
Upon Approval of the Texas Parks and Wildlife Department
The total estimated cost of this project is $351,400.00;
$175,000.00 has been received in federal funds. Mr. Hutchison
explained that the first page showed the layout of half the
park and this is the half where most of the construction is
being planned. The construction consists of two lighted baseball
fields, which are similar to the Sports Complex baseball fields,
press box, restrooms, and concession stands building. There
will be a parking area near the baseball fields. One set of
lighted tennis courts is to be built, a multi - purpose concrete
play slab and a play area is to be developed. The woods will
be opened up to people who want to walk, hike or bike through
this area. Two bridges will be constructed across Cary's Bayou.
These bridges will be similar to the bridges in the Bicentennial
Park.
Councilman Kloesel inquired as to the number of acres this
construction will total. Bobby Rountree, Director of Parks and
Recreation, commented that this total project will take up
approximately 70 acres.
Mr. Hutchison further explained that the water and sanitary
sewer service to this development will be taken to the Whispering
Pines area. The next page of the plans and specifications showed
the play area and the concrete slab that will be constructed in
the lower end of the park. This is adjacent to the existing tennis
courts and parking area. The remaining sheets of the plans and
specifications showed the various details of the press box, etc.
These plans and specifications have been reviewed by the
Parks and Recreation Advisory Board, and they recommended approval.
The Administration concurred with this recommendation.
Councilman Kloesel moved for approval of the plans and
specifications and to authorize Busch, Hutchison and Associates
to advertise for bids after receiving final approval from the
Texas Parks and Wildlife Department; Councilwoman Wilbanks seconded
the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and
Cannon
Mayor Pro Tem Lander
Nays: None
71220 -8
Minutes of the Special Meeting - December 20, 1977
Ordinance - Repealing Chapter 27, "Subdivisions," as Presently
Constituted and Substituting a New Chapter 27
The subdivision regulations that the City presently has were
adopted in 1965 and there have been amendments made from time to
time, but several months ago the City staff began a major revision
or reworking of the subdivision regulations and the proposed
changes have been presented to the Planning Commission. They have
studied the changes and have recommended the new ordinance to
Council. The Chairman of the Planning Commission, Leonard Stasney,
was present to make the presentation.
Mr. Stasney explained that his purpose for appearing at this
Council meeting was to convey to Council, the Planning Commission's
recommendation that the existing ordinance on subdivisions be
rescinded and the new proposed ordinance be adopted. The pattern
of housing in Baytown is changing as elsewhere and the method of
development, construction, and materials are changing; therefore,
our ordinance is in need of general updating and revision. The
ordinance has been thoroughly worked over and modernized by the
Planning Director and staff. Mr. Stasney explained that the
Planning Commission has reviewed the ordinance and found that
the ordinance is a workable tool to assure that Baytown's future
development is a quality development. Mr. Stasney recommended
that Council consider this ordinance favorably for adoption.
Councilman Kimmons inquired as to what are the major
changes. Mr. Stasney explained that the major change, excluding
the material changes, is the designation of a planning area. In
the past, the City has allowed developments outside the city
limits to conform to County standards which means open ditches,
flexible pavement or asphalt pavement, different widths of rights -
of -way, etc. In the proposed ordinance, a planning area has been
defined to include the property north of the City limits, east
of the San Jacinto River, south of Wallisville Road and the Mont
Belvieu extra - territorial limits, and west of State Highway 146.
Within this planning area, the City will allow, subject to the
Planning Commission's permission, variances on the drainage require-
ments only. All of the other requirements for City subdivisions
such as concrete streets, width of rights -of -way, etc., must be
adhered to in the planning area.
Councilman Kimmons inquired if this would take into account
all of the City of Baytown's extra- territorial area or just a
portion of it. Mr. Stasney explained that it would take into
account only a portion of this area. Mr. Stasney explained that
due to strip annexations that go up to Highway 90 and go out as
far east as Farm Road 565 in West Chambers County, if the City
took in all of the extra - territorial urisdictions, it would
include all that area within 2 -1/2 miles of all those
strips. He felt that this would be a major change in the scope
of where the requirements for City subdivisions or subdivisions
within the City apply. Councilman Kimmons inquired if the
territory included in the ordinance will give the City ample
protection. Mr. Stasney explained that it should give ample
protection because this is the area that is generally subject
to annexation within the next 10 to 15 years.
Bill Cornelius, Director of Planning and Traffic, commented
that he was prepared to go through all of the changes in the
ordinance with Council if they so desired. Councilman Hutto
said that he would like to go through this ordinance point by
point and that he would like to know why the engineers recommended
what they did. Councilman Hutto suggested that a work session
be held with some engineers present to explain the changes to
Council.
71220 -9
Minutes of the Special Meeting - December 20, 1977
Councilman Cannon inquired as to how long the Planning
Commission has been working on revising the subdivision ordinance.
Mr. Stasney explained that the Commission had gone through the
ordinance, area by area, page by page, and had asked many questions
regarding the requirements that have been recommended by the
engineers. Mr. Stasney explained that the Planning Commission
was concerned about many requirements because some requirements
would increase the cost which would be reflected in the cost of
housing. Mr. Stasney also said that the Commission had spent
a portion of three meetings covering the requirements recommended
in this ordinance.
Mayor Pro Tem Lander suggested that the Administration set
up a work session after the first of the year to further study
the proposed subdivision ordinance; Council concurred.
Bill Cornelius explained a few of the changes being proposed.
He said that over the years, there had been amendments to the
ordinance which resulted in duplication of many requirements.
In the present ordinance, there are numerous references to a
planning and zoning commission. Zoning was never in effect in
Baytown and this item was eliminated in the proposed ordinance.
There is great deal of detail included in the ordinance concerning
sidewalks and sidewalks specifications. Many of the requirements
concerning sidewalks have been transferred to the building code.
Many of the items concerning apartments and commercial developments
have been eliminated in the proposed ordinance because they are
not subdivisions of land; and thereby are not subdivision regula-
tions. There were quite a few duplications as new types of develop-
ments came about such as the townhouse section, some of the street
requirements and drainage requirements. The Commission hoped by
specifying the engineering standards and specifications themselves
in a section at the last would be appropriate for all subdivision
types of developments. There were also several items in the sub-
division regulations concerning appropriate procedures to be followed
that were not really explanatory. The Commission is trying to clarify
these procedures in the proposed ordinance. The Commission has
tried to nut these regulations in a logical order that can be
followed. Regular subdivisions are covered first, and the other
types of developments such as the townhouse, planned unit develop-
ments, and any new section can be added when necessary, such as
the condominium section. This will be followed by the general
standards, which cover general items; and miscellaneous provisions,
which cover all types of developments as they come in and explains
the variances that the Planning Commission is authorized to allow
in each of these specific types of development procedures. Last,
the engineering and construction standards would be included and
these would be applicable to all types of developments. Mr.
Cornelius pointed out that the engineering standards of the present
ordinance contained many ASTM numbers which were badly outdated.
This discrepancy was brought to the attention of the Planning
Department and Commission by developers themselves saying that
these numbers were no longer a minimum requirement for any type
of development.
Councilman Kimmons inquired if the patio homes are covered by
the proposed ordinance. Mr. Cornelius explained that this particular
type of development could be considered in either the townhouse
regulations or the planned unit development.
Councilman Cannon inquired if the planning area has been
expanded or if it had never been defined before. Councilman
Cannon explained that his reason for asking was his concern about
the open ditches in the Pinehurst Subdivision. He asked if this
subdivision was approved by the Planning Commission. Mr. Stasney
71220 -10
Minutes of the Special Meeting - December 20, 1977
explained that it was brought to the Planning Commission and that
the Commission in the past had approved subdivisions that met
County standards, but Scott Bounds, Assistant City Attorney,
explained to the Planning Commission that their practice in the
past of granting or allowing developments to utilize County
standards in the City of Baytown extra - territorial jurisdiction,
was incorrect. Mr. Bounds explained that the Commission should
really have been requiring, within the extra - territorial juris-
diction, all of the City standards, which would include the
++
area within 2 -1/2 miles of the strip annexations.
Councilman Cannon requested that a comparison be made of
the requirements of the ordinances of surrounding areas and
that of the City of Baytown to determine if the City of Baytown is
more restrictive or putting in a higher standard of requirements.
He would like to information to be presented at the work session
that is to be held concerning the proposed subdivision ordinance.
Councilman Kloesel inquired as to what provisions are allowed
for the financing of the project and to insure that the improve-
ments that are required by the City are complied with. Mr.
Cornelius explained that no changes have been made in this regard.
Councilman Kloesel said that the City needs some assurance because
the City will have to maintain these subdivisions after development.
Councilman Hutto suggested that the City's assurance is the inspec-
tor that inspects the materials. Neel Richardson, City Attorney,
explained that when the City makes the requirement that certain
standards be met, these standards become the law, and the developer
is obligated to install these standards regardless. The inspector
is there merely to assure the City that the developer is complying
with the standards.
Councilwoman Wilbanks inquired if there are changes
in the process of submitting a plat or going through the
j
various phases. Mr. Cornelius explained that there are no
significant changes in this requirement. Mr. Cornelius explained
that in the past, state law required that all development within
the City of Baytown's extra - territorial jurisdiction which was
subdivided into lots and blocks, and where streets were dedicated,
must be filed with the City and adhere to the City's platting
procedures. Mr. Richardson explained that there was an apparent
loophole in the law, which consequently raised a question about
the definition of what constituted a subdivision of land. Before,
the definition was tied to the division of land into blocks and
lots, which is the actual platting of the property. Very recently,
in the past six months, the Attorney General rendered an opinion
regarding another statute which contains almost the same language
as the Municipal Annexation Act. The Attorney General held that
a sale of land by metes and bounds was a subdivision of land and
in effect, this did close the loophole in the law.
Ordinance - The Third and Final Reading of the Franchise Agreement
with Entex, Inc.
Under the terms of this agreement, the City will receive a 3%
gross receipts fee for all gas consumed by residential, small and
large commercial customers. This agreement also includes a
most favorable City clause which gives the City the right to request
an increase in the gross receipts fee if any cities in the service
district in which Baytown is located receive a greater gross receipts
fee. This franchise agreement covers a forty -year period. It was
approved on first and second reading. The Administration recommended
approval of the third and final reading of the franchise agreement
with Entex.
71220 -11
Minutes of the Special Meeting - December 20, 1977
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Hutto seconded the motion.
Councilman Kloesel inquired about the new gas cost adjustment?
Councilman Kloesel commented that a lot of public attention has been
given to this and he would like it explained. Richard DeSalme,
representative of Entex, explained that the only change was that
in the past, Entex has not broken down the cost of gas adjustment
on the total bill, and recently there has been a state law passed
which requires that the company must indicate on the bill the unit
cost for gas cost adjustment. Mr. DeSalme explained that this
process of breaking down the gas cost adjustment began with the
billing cycle in December, and that there has been no change in
the gas rate.
Councilman Kloesel inquired as to how Council will know when
there is a rate increase? Mr. DeSalme explained that for the last
two years, Entex adjusted the rate twice a year, in February and
August. A letter to that effect goes out 30 to 40 days prior to
the cost of gas adjustment going into effect.
Councilman Kloesel commented that his principal objection to
this ordinance is the time period of the franchise because in this
day and time, there are many changes in the energy field. The vote
follows:
Ayes: Council members Kimmons, Wilbanks, Hutto and Cannon
Mayor Pro Tem Lander
Nays: Councilman Kloesel
ORDINANCE NO. 2359
AN ORDINANCE GRANTING ENTEX, INC., ITS SUCCESSORS
AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE FOR
A PERIOD OF FORTY (40) YEARS TO CONSTRUCT, LAY,
MAINTAIN, OPERATE, EXTEND, REMOVE, REPLACE AND REPAIR
A SYSTEM OF PIPE LINES, GAS MAINS, LATERALS AND
ATTACHMENTS AND ALL DESIRABLE INSTRUMENTALITIES IN,
UNDER, OVER, ACROSS AND ALONG ANY AND ALL STREETS,
AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL OTHER
PUBLIC PLACES IN THE CITY OF BAYTOWN, HARRIS COUNTY,
TEXAS, FOR THE PURPOSE OF TRANSPORTING, DISTRIBUTING,
SUPPLYING AND SELLING GAS (NATURAL AND /OR ARTIFICIAL
AND /OR MIXED) FOR HEATING, LIGHTING, POWER, AND FOR
ALL OTHER PURPOSES FOR WHICH GAS MAY BE USED, TO THE
MUNICIPALITY OF SAID CITY OF BAYTOWN, TEXAS, AND ITS
INHABITANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING
THE USE OF PUBLIC THOROUGHFARES AND EXTENSIONS THEREIN;
ESTABLISHING STANDARDS OF SERVICE; PROVIDING FOR PAY11ENT
OF THREE PERCENT (3 %) OF THE GROSS RECEIPTS FROM THE
SALE OF GAS FOR RESIDENTIAL, SMALL COMMERCIAL, AND
LARGE COMMERCIAL PURPOSES WITHIN THE CITY; PROVIDING
FOR ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE;
MAKING MISCELLANEOUS PROVISIONS; AND REPEALING ALL
ORDINANCES HEREWITH.
Ordinance - The First Reading on the Proposed Annexation of Trailwood
Subdivision
A public hearing was held regarding the proposed annexation of
Trailwood Subdivision which is located north of Massey Tompkins Road
at the last Council meeting and there was no opposition to the
annexation. It involves about 14 acres which the owners plan to
subdivide. The plans have been submitted to the Planning Department
and these have been reviewed by the Administration. The Administration
recommended approval of the annexation on the first reading.
71220 -12
Minutes of the Special Meeting - December 20, 1977
Councilman Kimmons moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion.
Councilman Cannon inquired if the Planning Commission had
given final approval of the plans. Mr. Lanham responded that
final approval had not been given. Final approval cannot be
given until all engineering plans have been approved.
Councilman Cannon said that he preferred having final
approval of.the plans by the Planning Commission prior to
considering final reading. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Pro Tem Lander
Nays: None
ORDINANCE NO. 2381
AN ORDINANCE PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN,
TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY,
WHICH SAID TERRITORY LIES ADJACENT TO AND
ADJOINS THE PRESENT BOUNDARY LIMITS OF THE
CITY OF BAYTOWN, TEXAS.
Mayor Pro Tem Lander called a ten - minute recess.
Ordinance - Awarding the Bid.for the Purchase of a Spectrum
Monitor
Councilmen Kloesel and Cannon absent.
Two bids were received for the purchase of a spectrum
monitor for radio maintenance for the police department. The
bid tabulation follows:
Quantity Description
1 Spectrum Monitor
MAKE & MODEL:
LOCATION PARTS & SERVICE:
WARRANTY:
CUSHMAN ELECTRONICS ANDERSON ASSOC.
Extended Price Extended Price
$ 4,371.55
Cushman -CE -15
Hurst, Texas
3 years
$ 4,385.00
Cushman -CE -15
Hurst, Texas
3 years
Cushman Electronics of Hurst, Texas, submitted the low bid in the
amount of $4,371.55. A total of $4,390.00 had been budgeted for
this item. The Administration recommended approval of the
ordinance.
Councilman Kimmons moved for adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Kimmons, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
ORDINANCE NO. 2382
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF CUSHMAN ELECTRONICS, INC.
FOR THE PURCHASE OF ONE SPECTRUM MONITOR AND AUTHORIZING
THE PAYMENT BY THE CITY OF THE SUM OF FOUR THOUSAND THREE
HUNDRED SEVENTY -ONE AND 55/100 ($4,371.55) DOLLARS.
71220 -13
Minutes of the Special Meeting - December 20, 1977
Councilman Cannon present.
Ordinance - Awarding the Bid for the Purchase of a Tractor with
Slope Mower Attachment
Two bids were received for the purchase of a tractor with
slope mower attachment. The bid tabulation follows:
Quantity Description LANSDOWNE -MOODY CO. TRINITY VALLEY
1 Tractor and $ 18,135.51 $ 19,986.42
Slope Mower
TRACTOR BRAND: Ford 5600 Ford 5600
MOWER BRAND: Terrain King SM395 Mo Trim 31'
LOCATION OF PARTS & SERVICE: Houston, Texas Dayton, Texas
WARRANTY TRACTOR: 1 year 1 year
WARRANTY MOWER: 90 days 90 days
Two companies submitted "NO Bids."
The low bid submitted by Lansdowne -Moody Company did not meet
specifications. The bid submitted by Trinity Valley in the amount
of $19,986.42 meets specifications. The Administration recommended
approval of the ordinance.
In response to a question from Councilman Cannon, Bobby
Rountree, Director of Parks and Recreation explained that the
City presently has the type of slope mower that Lansdowne -Moody
bid on which is the Terrain King Slope Mower. The type of slope
mower that Trinity Valley bid on is the Mo -Trim. Mr. Rountree
explained that the Terrain King Slope Mower is the type where the
operator must watch the equipment as it is being operated and
watch the traffic besides. The new Mo -Trim has an articulating
arm, which is like a person's elbow which allows for bending upward
and extending outward. Also the arm operates to the right and
front of the tractor. Mr. Rountree said that possibly this arm
would allow the operator to go over mailboxes and street signs and
at the same time, will not be blocking traffic. He felt that this
piece of machinery will be safer to operate. The Mo -Trim has been
on the market for approximately four years.
Councilman Cannon moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Kimmons, Wilbanks, Hutto and Cannon
Mayor Pro Tem Lander
Nays: None
ORDINANCE NO. 2383
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF TRINITY
VALLEY FOR THE PURCHASE OF ONE TRACTOR WITH SLOPE
14OWER ATTACHMENT AND AUTHORIZING THE PAYMENT BY
THE CITY OF THE SUM OF NINETEEN THOUSAND NINE
HUNDRED EIGHTY -SIX AND 42/100 ($19,986.42) DOLLARS.
71220 -14
Minutes of the Special Meeting - December 20, 1977
Ordinance - Awarding the Bid for the Purchase of a Mini - Pumper
Council appropriated Revenue Sharing Funds for the purchase
of a mini - pumper. Two bids were received for the purchase of a
mini - pumper for the Fire Department. The bid tabulation follows:
Quantity Description
1 Mini- Pumper
MAKE & MODEL:
CLAUDE WRIGHT & ASSOC. FIRE FOX CORP.
Extended Price Extended Price
$ 29,241.00
Opt. + 498.00
Elect.
Primer
$ 29,739.00
$ 29,949.00
C50 Chev. - 500.00
cab &
chassis
Emergency One 20084
LOCATION OF PARTS & SERVICE: Houston, Texas
WARRANTY CHASSIS: 12 mo. /12,000 miles
WARRANTY BODY: 12 months
One Company submitted a "No Bid."
$ 29,449.00
Fire Fox 2506PM
Houston, Texas
12 mo. /12,000 miles
12 months
The bid of Fire Fox is the low bid in the amount of $29,449.00.
A total of $30,000.00 was budgeted for this purpose. The
Administration recommended approval of the ordinance.
Councilman Kimmons moved for adoption of the ordinance;
Councilman Hutto seconded the motion.
Councilman Lander inquired what was the reason that Fire
Fox had a deduction of $500.00 included in their bid. Mr. Lanham
explained that in their base bid, Fire Fox had bid a unit that
exceeded the City's specifications, but the bid was footnoted to
deduct $500.00 if the City chose to buy the cab and chassis that
met the City's specifications.
In response to a question from Councilman Cannon, Mr. Lanham
said that the electrical primer would be included in the bid from
Fire Fox. The vote follows:
*Mayor Gentry present.
Ayes: Council members Kimmons, Wilbanks, Hutto and Cannon
Mayor Pro Tem Lander
Nays: None
Abstained: Mayor Gentry
AN ORDINANCE OF
BAYTOWN, TEXAS,
CORPORATION FOR
AND AUTHORIZING
SUM OF TWENTY -N
NINE AND N01100
ORDINANCE NO. 2384
THE CITY COUNCIL OF THE CITY OF
ACCEPTING THE BID OF FIRE FOX
THE PURCHASE OF ONE MINI PUMPER
THE PAYMENT BY THE CITY OF THE
INE THOUSAND FOUR HUNDRED FORTY -
($29,449.00) DOLLARS.
*Mayor Gentry now presiding.
7
r
I
r
71220 -15
Minutes of the Regular Meeting - December 20, 1977
Ordinance - Awardinq the Bid for the Purchase of 1,000 GPM Pumper
Council appropriated $85,000.00 in Revenue Sharing Funds for
the purchase of a 1,000 GPM Pumper. Four bids were received for
this purchase. The bid tabulation follows:
FIRE FOX MACK TRUCKS INC.
Quantity Description Extended Price Extended Price
1 1,000 GPM Pumper $ 81,688.00 $ 83,974.00
MAKE & MODEL:
PARTS & SERVICE:
WARRANTY:
Quantity Description
1 1,000 GPM Pumper
MAKE & MODEL:
PARTS & SERVICE:
WARRANTY:
Ward LaFrance
Houston, Texas
I year
CLAUDE WRIGHT & ASSOCS.
Extended Price
$ 84,790.00
American LaFrance
Fort Worth, Texas
2 years parts
1 year labor
Mack CF 611F
Houston, Texas
1 year
SUTPHAN CORP.
Extended Price
* $ 86,995.00
Sutphen Custom 1000
Houston, Texas
1 year
*Deduct $2,500.00
if a 258 down
payment is made
with order.
Fire Fox Corporation submitted the low bid in the amount of
$81,688.00. Delivery of this equipment would take approximately
240 calendar days. The Administration recommended approval of
the ordinance.
Councilman Lander moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and
Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF FIRE FOX
CORPORATION FOR THE PURCHASE OF ONE 1,000 GPM
PUMPER AND AUTHORIZING THE PAYMENT BY THE CITY
OF THE SUM OF EIGHTY -ONE THOUSAND SIX HUNDRED
EIGHTY -EIGHT AND N01100 ($81,688.00) DOLLARS.
Ordinance - Exercising the Option Included Under Bid No'. 7710 -8
to Purchase Two Additional Patrol Vehicles
On October 20, 1977, bids were received for patrol vehicles
for the Police Department. Bids were taken on 11 vehicles. The
budget includes funds for 13 vehicles. The reason that the Adminis-
tration did not recommend to Council, at that time, the purchase
of 13 vehicles is that the City was having problems on the jail
71220 -16
Minutes of the Special Meeting - December 20, 1977
contract and the Administration thought that the City might have
to purchase a vehicle to haul prisoners to Houston. Baytown Motors
submitted the low bid at that time and the bid specifications
included an option for the City to purchase two additional patrol
units at the same unit price if these were purchased within 90 days.
At this time, the City would like to exercise its option to
purchase these two additional patrol units. The Administration
recommended approval of the ordinance.
*Councilman Kloesel present.
Councilman Kimmons moved for adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2386
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTOWN
MOTORS, INC. FOR POLICE PATROL VEHICLES OF THE
CITY OF BAYTOWN BID NO. 7710 -8, AND AUTHORIZING
THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF
TEN THOUSAND SEVENTY -NINE AND 64/100 ($10,097.64)
DOLLARS.
Consider Transferring the Permits for Operation of Taxis to
Gordon Hart
The Administration has received a letter from Texas Kapco,
Inc. notifying the City that the ownership of the cab companies
is being transferred back to Gordon Hart. The ordinance governing
the franchise for the local cab companies requires that City
Council approval be given before the operating permits may be
transferred. The Administration recommended approval of the
transfer of ownership from Texas Kapco, Inc. to Gordon Hart.
Councilman Lander moved for the approval of the transfer
of the operating permits for the Red Top and Safeway Cab
Companies from Texas Kapco, Inc. to Mr. Gordon Hart; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Ordinance - Authorizing a Contract with Gordon Hart to Continue
the Senior Citizens Taxi Service Program for 1978
Dan Savage, Assistant City Manager, explained that several
months ago the City made application for a grant to continue
operation of the Senior Citizen Taxi Program through the 1978
calendar year with funds provided by the Houston- Harris County
Areawide Agency on Aging. The AAA is under the administrative
sponsorship of the City of Houston. The AAA has approved the
City's grant application, but the Houston City Council will
probably not take action before January 1. Despite this possible
delay in approving the City's grant, the City would like to con-
tinue the Taxi Cab Program without any interruption and in order
to do this, Mr. Savage explained that he felt the City would need
71220 -17
Minutes of the Special Meeting - December 20, 1977
to enter into a contract with the owner of the cab company that
would be effective from January 1, 1978. At the time, the Adminis-
tration had talked with Council about the grant application, the
Administration had indicated that there is approximately $8,500.00
in excess from the original revenue sharing appropriation that was
set aside for Senior Citizens in 1976. The Administration indicated
that the City would like to use $5,000.00 of that money as the
City's matching share on this application. The total grant is
for the amount of $20,000.00, with the City providing $5,000.00
in revenue sharing funds and AAA providing the remaining $15,000.00.
Mr. Savage requested that Council give authorization to execute
this contract with Gordon Hart and for use of the City of Baytown's
matching funds to pay for the cost of operating this program until
the City of Houston approves the City's application. The Administra-
tion 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 Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2387
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN
TO EXECUTE AND ATTEST TO A CONTRACT TO PROVIDE
TAXI SERVICE FOR SENIOR CITIZENS CONSISTENT WITH
THE RECOMMENDATION OF THE SENIOR CITIZENS TRANSPOR-
TATION COMMITTEE'S REPORT AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Resolution No. 606, Casting Votes for the Election of the Board
of Trustees of the Texas Municipal League Workmen's Compensation
Joint Insurance Fund
The City of Baytown participates in the Workmen's Compensation
Program that is sponsored by the Texas Municipal League. Trustees
for the Board of this Joint Insurance Fund are elected by the
member cities. The present members whose terms are to expire are
Bill Story, Personnel Director for the City of Pasadena; Richard
Brown, Executive Director of the Texas Municipal League; and Carl
White, Director of Finance for the City of San Antonio. The
Administration recommended approval of this resolution which would
cast the City of Baytown's vote for these three people.
Councilman Kloesel moved for adoption of the resolution;
Councilman Hutto seconded the motion.
Councilman Lander inquired as to how the members of the
Board are selected. Mr. Lanham commented that he was not quite
sure how the members were selected initially, but felt that the
members that were selected were active on the committee that made
a study of this program before the League recommended it to the
cities, and also these members are active in the Municipal League
activities. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
t/ '
71220 -18
Minutes of the Special Meeting - December 20, 1977
RESOLUTION NO. 606
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, DIRECTING THE CITY CLERK OF THE
CITY OF BAYTOWN TO COMPLETE THE OFFICIAL BALLOT
INDICATING COUNCIL'S CHOICE OF CANDIDATES TO
SERVE ON THE BOARD OF TRUSTEES FOR THE TEXAS
MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT
INSURANCE FUND.
Resolution No. 607 - Authorizing the City to Make Application
for a Texas Criminal Justice Council Grant to Continue
Funding of the Juvenile Division of the Police Department
The application to the Texas Criminal Justice Council Grant
to continue funding would be for second year funding. The City
will be requesting a grant in the amount of $46,190.00 to continue
this program for a period of 12 months beginning in October, 1978.
No significant changes are planned in the program, in fact plans
are to continue the program as it has been operated in the past.
The Administration recommended approval of the resolution.
Councilman Kloesel moved for adoption of the resolution;
Councilman Kimmons seconded the motion.
Funds for this program are derived from the Law Enforcement
Assistance Administration (LEAH), This program is one of the
four or five divisions of Criminal Justice Funds, which are used
for funding in law enforcement, courts, corrections, and juveniles.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 607
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 CRIMINAL JUSTICE DIVISION OF THE OFFICE
OF THE GOVERNOR FOR A JUVENILE SERVICE DIVISION
GRANT IN THE AMOUNT OF FORTY -SIX THOUSAND ONE
HUNDRED NINETY AND N01100 ($46,190.00) DOLLARS.
Consider Approving the Procedure for Distribution of Plastic Bags
At the last Council meeting, Council authorized the purchase
of plastic bags, and at that time the Administration indicated that
a recommended procedure for the distribution of these bags would
be presented to Council at this meeting. Bags will be distributed
at all fire stations Monday through Saturday between the hours of
8:00 a.m. and 5:00 p.m., and at City Hall Water Office, the
Community Building, the Municipal Service Center and Sterling
Municipal Library during normal business hours. The cost of
the bags to the City was $2.64 per roll of 50 bags. The bags
would be available in boxes of fifty (50) at a cost of $3.00 per
box. This cost would include sales tax. The purchase of these
bags is strictly voluntary, and the City is requesting that
citizens have either exact change or pay for the bags by check.
There would be a limit of two boxes per customer to insure that
as many people as possible have an opportunity to buy these bags.
Dan Savage, Assistant City Manager, explained that the Administration
1
71220 -19
Minutes of the Special Meeting - December 20, 1977
has developed an inventory control form that will give the City
the ability to account for the bags on a daily basis. Mr. Savage
explained that on a weekly basis, cash, inventories, and receipts
will be balanced.
Councilman Cannon inquired if the purchase of plastic garbage
bags could be handled on a bill basis such as an adjustment on a
water bill instead of handling cash at so many different locations.
Mr. Savage commented that it would present somewhat of a problem
because residents of an apartment complex might want to take
advantage of purchasing garbage bags and they do not receive a
water bill. Pete Cote', Utility Office Manager, commented that
it would also be a problem because of addresses.
Councilman Hutto suggested that the proposed procedure of
collecting the money at individual locations be tried on a trial
basis and Council can re- evaluate the procedure in six months or
a year. The Administration recommended approval of the proposed
procedure for the distribution of plastic garbage bags.
Councilman Lander moved for the approval of the proposed
procedure for the distribution of plastic garbage bags; Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Consider Authorization to Advertise for Bids to Purchase Buoys
The City made application to the Corps of Engineers several
months ago to place buoys in Burnett, Crystal and Scott Bays.
The City has received approval for this permit for the placing
of 19 buoys in these bays at locations within one mile of the
City limits. The estimated cost of these buoys is $210.00 each
plus approximately $50.00 installation fee per buoy. The total
cost for 19 buoys would be approximately $5,000.00. The
Administration recommended that Council approve the Administration
advertising for purchase and for placement of the buoys.
Councilman Kloesel moved to authorize the Administration to
advertise for bids to purchase 19 buoys; Councilman Hutto seconded
the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Consider Economic Feasibility Study for Municipal Marina
A memo from Bobby Rountree, Director of Parks and Recreation,
was placed at the Council table summarizing the legal points that
were investigated for the construction of a Municipal Marina.
First of all, the City can condemn property for marina
purposes. Secondly, land acquired by condemnation for marina
purposes may be sold only after an election. The reason for
this is that when a City purchases land for parks or is given
land for parks, the only way the land can be disposed of is by
the vote of the people. Thirdly, the City can condemn property
for public use and then lease that property providing it is a
short -term lease. Neel Richardson, City Attorney, explained
that a short -term lease is a lease of property for two years
or under. Fourth, the City can construct a marina facility and
then lease its operation. Fifth, the City cannot share the con-
struction cost of a marina with an individual.
1,%
71220 -20
Minutes of the Special Meeting - December 20, 1977
Bobby Rountree, Director of Parks and Recreation, contacted
the Corps of Engineers concerning a permit. This permit would
need to be obtained before construction could begin. It is a
lengthy application dealing with such things as amount of dredging
to be done, description of structures, descriptions of the type
of vessels using the facilities, and impact on the environment.
These questions cannot be answered without further study and an
application.to the Corps of Engineers cannot be made until further
study is completed.
1
i
In summary, it seems that the City can legally become in-
volved in the construction and operation of a marina. The next
step is to decide whether to proceed with a feasibility study.
Mr. Lanham explained that the City had received a proposal
for a study and the cost of that is $6,800.00. The owners of the
private property involved have indicated that they would be
willing to pay half of the cost of the study if Council chooses
to make the study. The people who submitted the proposal
indicated that they would expect to complete this study within
3 months. Mr. Lanham commented that he.felt this would be an
improvement that should be studied and felt that the people who
submitted the proposal are well - qualified. Mr. Lanham also
suggested that Council, in considering this, should consider the
need to move ahead with a bond election because an improvement
of this magnetitude would require a bond election, that is in
the event Council determines to proceed with this improvement
after the study is completed. It has been suggested that these
might be revenue bonds, but cities, as a rule, get a better
interest rate on tax bonds.
Mayor Gentry commented that the decision Council needs to
make is, should a feasibility study.be made, if Council determines
they want to make a feasibility study and if a feasibility study j
is made and shows that a marina at this particular location is
feasible, then Council would need to make a decision whether the
City would commit themselves to take it to the people for a vote
as far as any funding that the City would be obligated to provide.
Mayor Gentry inquired as to what the City's portion would be
for the project. Bobby Rountree commented that the fee would be
half - and -half. Mr. Lanham commented that the study would determine
whether there is a need for a marina in this area, cost estimates,
type of facilities, the number of boat slips, and various areas of
federal funding that the City could explore. Mayor Gentry inquired
about the application with various agencies for permission to
construct a facility of this type. Bobby Rountree explained that
the firm making the study could provide the City with the names
of agencies to contact to make application for funding. Mayor
Gentry commented that he felt that the study should also include
some assurance that if the City made application to the Corps of
Engineers for this particular project, there would be a strong
chance of getting approval from the Corps.
Councilman Kloesel expressed his concern that this study
would not satisfy the requirements for a grant. Mr. Lanham
explained that he did not know if this study will include the
kind of engineering information that would be needed for an
application, particularly for a Corps of Engineers' application.
Mayor Gentry commented that he felt that the City should have
some kind of assurance that the Corps of Engineers would
probably grant the City a permit to build the project. Councilman
Kimmons pointed out that the City needs to consider the require-
ments of the Environmental Protection Agency also.
71220 -21
mMinutes of the Special Meeting - December 20, 1977
Bobby Rountree explained that the application he received
from the Corps of Engineers did include some engineering work and
detailed information.
Councilman Hutto commented that he felt the City would be
missing a good opportunity if the City did not proceed with this
feasibility study.
Councilman Kloesel moved that Council proceed with the
feasibility study for a municipal marina; Councilman Lander
seconded the motion.
Mayor Gentry inquired if the full costs of this feasibility
study would be borne by the City, and he was told that half the
costs would be borne by the City and half by the owners of the
property where a portion of the marina would be located. Mayor
Gentry said that he felt that this project is going to be a City
of Baytown project and for this reason he felt that if the City
of Baytown wants to have this feasibility study made, the City
should bear 1008 of the cost of the feasibility study; Councilman
Lander concurred.
Councilman Lander amended the original motion to include
that the City would bear the full cost for the feasibility study;
Councilman Hutto seconded the motion.
Councilman Kloesel commented that he opposed this amendment
because he is ready to accept a donation to the City of Baytown.
Councilman Cannon concurred and commented that he felt the people
who own the property have an interest in the municipal marina.
The vote follows on the amended motion.
Ayes: Council members Lander, Kimmons, Wilbanks and Hutto
Mayor Gentry
Nays: Council members Kloesel and Cannon
Consider Appointments to the Electrical Board
This item will be discussed in the executive session.
Committee Reports
None.
Unfinished Business
None.
Recess and Reconvene
Council recessed into exec
matters. When the open meeting
asked that the appointments for
until the next Council meeting.
adjournment; Councilman Kimmons
was unanimous to adjourn.
itive session to discuss personnel
reconvened, Councilman Kloesel
the electrical board be delayed
Councilman Kloesel moved for
seconded the motion. The vote
ran it q�6,
Karen Petru, Deputy City Clerk
APPROVED:
O.
Eileen P. Hall, City Clerk