1978 02 23 CC MinutesMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 23, 1978
The City Council of the City of Baytown, Texas, met in
regular session, Thursday, February 23, 1978, 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
Scott Bounds
Eileen P. Hall
Absent: Dan Savage
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Assistant City Manager
Mayor Gentry called the meeting to order and the invocation
was offered by Councilman Cannon.
Approve Minutes
Councilman Kimmons moved to approve the minutes of the regular
meeting of February 9, 1978, and the special meeting of February
14, 1978, and ratification of actions taken concerning each of the
matters listed on the agendas of said meetings; Councilman Kloesel
seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Hutto and Cannon
Mayor Gentry
Nays: None
Receive Petitions
None.
City Manager's Report
Small Area Transit Study - The Administration has been advised
by the Consultants who are making the Small Area Transit Study
that they will be prepared to present their final report to the
Council on March 23, and they are suggesting that perhaps Council
would like to hold this as a public meeting where the presentation
would be made to the Council and to the public. Council had no
objections.
** Councilwoman Wilbanks present.
Market Street Bridge - All the bridge slabs are poured and
the only major concrete work left to be done are the approach slabs
and the railings on the bridge. Clean up work is underway. The
bridge should be completed by the middle part of March and it
should be opened to traffic by the end of March.
Baytown Sports Complex - The contractor is working on the
asphalt parking areas, and unless the weather prohibits, this work
should be completed in approximately three weeks. The rest of the
project is moving along well and the entire project should be
completed by the middle of April.
80223 -2
Minutes of the Regular Meeting - February 23, 1978
In response to a question from Mayor Gentry, Mr. Lanham
stated that the contract for the Jenkins - Hollaway Park had not
been let, but the Administration had heard from the State agency
contributing to the funding on the project, and he asked Mr.
Rountree, Director of Parks and Recreation to report on what had
transpired in that regard. Mr. Rountree said that the plans and
specifications had been returned by the agency so that an altera-
tion regarding facilities for the handicapped could be perfected,
which change has been made and the plans and specifications have
been returned to the agency. As soon as the agency responds, the
Administration will be able to advertise for bids.
Bayway Water Line - The final clean up work is being completed
and the entire project should be completed within the next
few days.
* Councilman Lander present.
Sliplining Work - The contractor is working in the Caldwell/
Lazy Lane / Tanglewood area. The problems existing on Tanglewood
should be resolved by this sliplining.
Spur 330 - Traffic on Spur 330 has been routed to the south
lane and a portion of the Garth /Decker intersection is blocked
off so that the contractor can work in that area.
Questions or Comments Regarding City Manager's Report
Councilman Kloesel requested that a meeting be arranged between
he and the City Engineer to discuss drainage problems in Busch
Terrace after the Engineer becomes familiar with the problems in
Baytown. He mentioned the fact that he had received complaints
concerning the sanitary sewer system in Busch Terrace on West Gulf.
Mr. Lanham said that the Administration had already prepared plans
to do some additional work in Busch Terrace with city forces, that
being to put in additional inlets and reshape the ditches to drain
the water from driveways and yards. Mr. Lanham explained that
originally the plan was to put pipe on both sides of the street,
but because the contract overran, pipe was put on one side which
is what is causing the problem.
Volunteer Firefighters Pension Plan - Councilman Kloesel
inquired if any information had been received in this regard. Mrs.
Hall responded that she had been corresponding with the State
Firemen's Commissioner who in turn had requested some information
from the local office in order to furnish the information requested.
Traffic on I -10 - Councilman Hutto expressed concern that the
contractor on the I -10 project seems to be unduly delaying traffic
by not using good judgment in his safety procedures and asked that
the Administration be in touch with Mr. Ranft concerning this
problem. Councilman Kloesel commented that perhaps publicity
through the news media by the highway department when anticipating
that an area will be closed would route some traffic to Highway
90.
Statement of Houston Lighting and Power Company Cost of Service
Adjustment and Fuel Cost Adjustment for March, 1978
The March bill for the customer using 1,000 KWH compared to
February will involve an increase of $2.48; $2.31 of that is fuel
adjustment; $.05, cost of service adjustment; $ .12 sales tax.
80223 -3
Minutes of the Regular Meeting - February 23, 1978
The reason for the increase is an under recovery in fuel cost in
December of approximately $1,100,000 and an increase in the total
cost that HL &P expects to pay for fuel in March of $4.4 million.
As a result of this, there is an increase in the average bill.
Mayor Gentry questioned the phrase "an increase in the total cost
we expect to pay. Mr. McWhirter explained that since fuel is
derived from several sources, there is no way for the company to
determine exactly what that cost will be. However, bills are
always adjusted accordingly.
Consider Approving Plans and Specifications for the Baytown Sports
Complex Neighborhood Center and Authorizing Advertisment
for Bids
Bids were taken on this project a few months ago, and these
bids were approximately $205,000 over the money allocated for the
project -- $138,000. The consultants have redesigned the proposed
neighborhood center. The size has been reduced from approximately
4,000 square feet to about 3,200 square feet. These plans have been
reviewed with the parks board and the board has recommended that
the plans be approved and that the Administration be authorized to
proceed to advertise for bids. Jan Lammers, Architectural Consultant,
stated that, as Mr. Lanham had stated earlier, the square feet
had been reduced, and now the architects are recommending the use
of wood rather than masonry on the exterior of the building. In the
original design, there were 5 meeting rooms, now the architects
are recommending 4 meeting rooms which are 20' x 251. Mr. Lammers
pointed out, however, that 3 of the original 5 meeting rooms were
smaller than the 4 being proposed. Mr. Lammers pointed out that the
glass will be positioned so that more natural light can be introduced
into the building and be further away from vandals. The meeting
rooms can be separated by folding partitions. Mr. Lammers requested
approval of the plans and specifications and authorization to
advertise for bids.
Council questioned the best utility for the four meeting rooms,
that is whether one should be an enclosed sound proof meeting
room for groups that would be creating a great deal of noise. Mr.
Rountree said that at times this presents a problem at the community
building, therefore his department tries to schedule activities
such as meetings on one end of the building and activities such as
music lessons on the other end of the building.
Mr. Lammers pointed out that a possible solution is to install
a permanent partition at one end of the building and designate this
room as a music room.
Mayor Gentry commented that he felt something will have to
be sacrificed in this type of building, but he would rather not
sacrifice the utility of the facility. Mr. Rountree commented
that he felt if there would be a permanent partition installed in
the building that it would cut down on the usage of the building.
Mr. Rountree further explained that when this problem arises at
the Civic Center, his staff attempts to schedule activities so one
does not interfere with the other, but if this cannot be done, the
persons making the arrangements are told of the problem. If
this is an insurmountable problem, the activities are arranged
on a different day or at a different time.
Councilwoman Wilbanks moved for the approval of the proposed
plans and specification for the Baytown Sports Complex, and to
authorize advertisement for bids; Councilman Kloesel seconded the
motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
80223 -4
Minutes of the Regular Meeting - February 23, 1978
Consider Plans and Specifications for Kilgore Road /Mockingbird
Lane Storm Sewer Project and Authorization to Advertise for
Bids
Bids were taken on this project several weeks ago. The bids
came in over the available funds; therefore, the engineers have
reworked the plans and have reduced the scope of the project.
Jim Hutchison, representative of Busch, Hutchison and Associates,
was present to review the plans with Council. Mr. Hutchison
explained the plans are essentially the same but shorter. The
Mockingbird Lane storm sewer has been shortened. Originally, the
storm sewer was to extend from Clayton Drive to the drainage
ditch. This has been cut back and an add alternate has been
provided. The base bid will be from the drainage ditch to Eaves
Drive and an add alternate will carry the project on to French
Place. Mr. Hutchison explained that the work will be done behind
the curb on the south side of the street because of the water
lines on one side of the street and the sanitary sewer line on
the other side of the street. The inlets will be enlarged from
5' to 10' so that it may hold more water. The pipe on the north
side of the street will remain as is. The major storm sewer will
be on the south side of the street behind the curb.
Mr. Hutchison explained that his firm has contacted suppliers
of metal pipe, and found that from 48 inches on up, metal pipe is
cheapier. The largest pipe in this project will be 66 inch and
the smallest pipe will be 18 inch. Mr. Hutchison explained that
his firm is proposing to allow bids on use of corrugated metal
pipe, concrete pipe or a mixture.
Councilman Kimmons moved for approval of the plans and
specifications for the Mockingbird Lane /Kilgore Road storm sewer
project and authorization to advertise for bids; Councilman Kloesel
seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Ordinance - Authorizing Final Payment on the 1977 Street
Improvement Program
Able Services Inc. has completed the work on the 1977 Street
Improvement Program. A final inspection was made on this work.
Previous payments in the amount of $275,481.44 have been made.
Final payment in the amount of $30,609.05 remains to be paid. Total
payment will be $306,090.60 which represents an underrun of $4,304.51.
The Administration recommended approval of the ordinance.
Councilman Lander moved for 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. 2411
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF THE 1977
STREET IMPROVEMENT PROGRAM BY ABLE SERVICES, INC.;
FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH
THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS'
CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL
PAYMENT TO THE SAID ABLE SERVICES, INC. AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
80223 -5
Minutes of the Regular Meeting - February 23, 1978
Ordinance - Approving a Sewer Contract with Harris County Fresh
Water District No. 27
This contract has been reviewed by Council and the Water
District's Board, and the Board has approved the contract and
asked that the City Council approve the contract. Under the terms
of this proposed contract Fresh Water District No. 27 will construct
and operate a sanitary sewer collection system which will empty
effluent into the City's Craigmont lift station. This effluent
will be pumped to the City's West Main Treatment Plant for treatment.
The contract gives the City the right to approve plans and specifi-
cations for construction of the Sanitary Sewer Collection System.
It also gives the City the right to inspect this construction work
and the right to inspect service connection work. All construction
work will be carried out in accordance with State and City standards.
The proposed contract also provides protection for the City in terms
of industrial waste control and infiltration controls. The
financial arrangements outlined in the contract require residents to
pay $100.00 for the right to buy into this system, to pay $100.00
for residential tap, to pay twice the normal minimum for residential
service and to pay one and one half times normal rates for
additional sanitary sewer service over and above the minimum service.
The Administration recommended approval of the ordinance.
Councilman Cannon inquired if bonds have been sold in this
district. Mr. Lanham explained that bonds have not been sold but
have been voted. Councilman Cannon inquired if the bonds were
voted for a distribution system and a treatment plant. Mr. Lanham
explained that the citizens voted on a collection system but chose
not to build their own treatment plant.
Councilman Lander inquired as to how the sewage is being
handled at the present time. Mr. Lanham explained the sewage is'
being handled by septic tanks. Councilman Lander also inquired
as to what percent capacity of the West Main Plant will this consume.
Mr. Lanham explained that the estimated flow would be approximately
105,200 gallons per day. The capacity of the West Main Treatment
Plant is 4.7 million.
In response to a question from Council, Mr. Lanham explained
that the plans are to route the effluent to the Central District.
Councilman Kloesel 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. 2412
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK OF THE OF BAYTOWN TO EXECUTE AND ATTEST TO A
WASTEWATER DISPOSAL CONTRACT WITH HARRIS COUNTY FRESH
WATER SUPPLY DISTRICT NO. 27 AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Ordinance - Calling a Hearing on the Proposed Annexation of
Whispering Pines, Section 4
Council has received a letter from Mr. John McLaggan, in which
he requested that the City annex a subdivision which he is developing,
which will be known as Section 4 of Whispering Pines Subdivision.
There will be approximately 93 lots located in this area.
80223 -6
Minutes of the Regular Meeting - February 23, 1978
Mr. Lanham pointed out that Council received a letter
some time ago from the Whispering Pines Civic Association regarding
problems with the lift station in that area and some of the
collection systems in Whispering Pines, Section 1 and 2. The
Administration is in the process of working on plans for solving
this problem and will present these plans at the hearing. The
Administration recommended approval of the ordinance calling a
public hearing on the annexation of Whispering Pines, Section 4
for March 9, 1978, at 7:00 p.m.
Councilman Kloesel 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. 2413
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC
HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY
BY THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING
THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Ordinance - Restricting Parking on a Portion of Defee Street
When the Traffic Code was reclassified last year, the fifteen
minute parking restriction on that section of Defee Street was
inadvertently omitted from the schedule. The proposed ordinance
would correct this error. The Administration recommended approval
of the ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2414
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING CERTAIN AREAS OF DEFEE AVENUE AS A
FIFTEEN MINUTE TIME LIMIT PARKING ZONE; REPEALING
ORDINANCES INCONSISTENT HEREWITH: CONTAINING A SAVINGS
CLAUSE: PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
($200.00) DOLLARS FOR EACH VIOLATION; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Authorizing a "No Parking Zone" on West Texas Avenue
The Council's Traffic Committee approved the recommendation
which would prohibit parking on the north side of West Texas Avenue
300 feet east of the intersection of Price Street. The Administra-
tion recommended approval of the ordinance.
N
80223 -7
Minutes of the Regular Meeting - February 23, 1978
Councilman Kloesel moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2415
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING A PORTION OF WEST TEXAS AVENUE AS A
NO- PARKING ZONE; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00)
DOLLARS FOR EACH VIOLATION; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Awarding the Bid for the Purchase of Water Pumps
Five bids were received for the purchase of four water
pumps for the Public Works Department. The bid tabulation
follows:
Item Quantity Description
1 4 each Water Pump 3"
discharge
MAKE & MODEL:
LOCATION PARTS & SERVICE:
WARRANTY:
DELIVERY A.R.O.:
Item Quantity
1 4 each
MAKE & MODEL:
Description
Water Pumps, 3"
discharge
LOCATION PARTS & SERVICE:
WARRANTY:
DELIVERY A.R.O.:
Item Quantity Description
1 4 each Water Pump 3"
discharge
SERVICE EQUIPMENT
Unit Price Extended Price
$628.00 $2,512.00
Homelite 120TP3 -1A
Houston, Texas
6 months
1 day
PUMP & POWER EQUIPMENT
Unit Price Extended Price
$532.00 $2,128.00
Gormon -Rupp 13D -17
Houston, Texas
1 year
42 days
AIR COOLED ENGINE
Unit Price Extended Price
$659.00 $2,636.00
80223 -8
Minutes of the Regular Meeting - February 23, 1978
AIR COOLED ENGINE
Item Quantity Description Unit Price Extended Price
MAKE & MODEL: Homelite 123TP3 -lA
LOCATION PARTS & SERVICE:
WARRANTY:
DELIVERY A.R.O.:
Item Quantity
1 4 each
MAKE & MODEL:
Description
Water Pumps, 3"
discharge
LOCATION PARTS & SERVICE:
WARRANTY:
DELIVERY A.R.O.:
*VOID - DID NOT SIGN BID:
Item Quantity Description
1 4 each Water Pumps, 3"
discharge
MAKE & MODEL:
LOCATION PARTS & SERVICE:
WARRANTY:
DELIVERY A. R. 0. :
Two Companies submitted no bids.
Baytown, Texas
1 year
3 days
TRECO INC.
Unit Price Extended Price
$558.00* $2,232.00*
Gormon -Rupp 13D -17
Houston, Texas
1 year - pump
6 months - engine
1 day
AUTOMATIC PUMP
Unit Price Extended Price
$698.00 $2,792.00
Marlow 30D22 W /GY27W
Beaumont, Texas
1 year - pump
30 days
Pump and Power Equipment Company submitted the low bid in the
amount of $2,128.00. The Administration recommended approval
of the ordinance.
Councilman Cannon 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. 2416
AN ORDINANCE OF THE CITY COI
TEXAS, ACCEPTING THE BID OF
COMPANY FOR THE PURCHASE OF
WATER PUMPS ON A UNIT PRICE
TION TO BE PAID TO BE BASED
SUPPLIED; AND PROVIDING FOR
JNCIL OF THE CITY OF BAYTOWN,
PUMP & POWER EQUIPMENT
ESTI14ATED QUANTITIES OF
BASIS, WITH THE COMPENSA-
UPON THE ACTUAL QUANTITIES
THE EFFECTIVE DATE HEREOF.
Ordinance - Awarding the Contract to Install Parking Lot
Lighting
80223 -9
Minutes of the Regular Meeting - February 23, 1978
Two bids were received for installation of parking lot
lighting at City Hall. The bid tabulation follows:
Item Quantity Description
1 1
COMPLETION WITHIN
Item Quantity
1 1
COMPLETION WITHIN
GULF COAST ELECTRIC
Unit Price Extended Price
Parking Lot Lighting
45 days
$7,635.00
BAYTOWN ELECTRIC
Description Unit Price Extended Price
Parking Lot Lighting
14 days
$5,864.00
Baytown Electric submitted the low bid in the amount of $5,864.00.
Funds in the amount of $6,500.00 have been budgeted for this work.
The Administration recommended approval of the ordinance.
Councilman Cannon 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: Councilman Kloesel
ORDINANCE NO. 2417
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF BAYTOWN ELECTRIC CORPORATION
FOR THE LIGHTING OF THE BAYTOWN CITY HALL PARKING LOT
AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF
FIVE THOUSAND EIGHT HUNDRED SIXTY -FOUR AND N01100
($5,864.00) DOLLARS.
Ordinance - Awarding the Contract to Install Traffic Control
Equipment
Two bids were received for the installation of strain poles
for the traffic signals at the Carnegie and Market Street
intersection. This signal was removed during construction. The
bid tabulation follows:
PFEIFFER - GAMBRELL
Item Quantity Description Unit Price Extended Price
1 4 each Service to install $4,000.00
Four Each Traffic Poles
TO BE COMPLETED WITHIN: 15 days
BAYTOWN ELECTRIC
Item Quantity Description Unit Price Extended Price
1 4 each Service to install_ $3,268.00
Four Each Traffic Poles
TO BE COMPLETED WITHIN: 14 days
80223 -10
Minutes of the Regular Meeting - February 23, 1978
'Baytown Electric submitted the low bid in the amount of $3,268.00,
which will be_paid out of the 1975 bond funds. The Administration
recommended approval of the ordinance.
Councilman Hutto moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2418
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF BAYTOWN ELECTRIC CORPORATION
FOR THE PURCHASE AND INSTALLATION OF TRAFFIC SIGNAL
EQUIPMENT TO BE INSTALLED AT THE MARKET AND CARNEGIE
STREET INTERSECTION AND AUTHORIZING PAYMENT BY THE CITY
OF THE SUM OF THREE THOUSAND TWO HUNDRED SIXTY -EIGHT
AND N01100 ($3,268.00) DOLLARS WITH REGARD TO SUCH
ACCEPTANCE.
Ordinance - Awarding the Bid for the Purchase of Ladder Pipe
Five bids were received for the purchase of a ladder pipe
which will be mounted on the Fire Department's new aerial ladder
truck. This can be controlled by a person standing on the ground.
The bid tabulation follows:
Item
1
MODEL:
Quantity Description
FIRE PROTECTION SERVICE
Unit Price Extended Price
1 each Ladder Pipe for Fire Ladder $3,066.00
DELIVERY: A.R.O.:
WARRANTY:
LOCATION PARTS & SERVICE:
Item Quantity Description
Akron # 666
60 days
1 year
Dallas, Texas
FIRE APPLIANCE COMPANY
Unit Price Extended Price
1 1 each Ladder Pipe For Fire Ladder $4,113.70
MODEL:
DELIVERY: A.R.O.:
WARRANTY:
Akron # 666
56 days
Manufacturer's
LOCATION PARTS & SERVICE: Wooster, Ohio
80223 -11
Minutes of the Regular Meeting - February 23, 1978
Item Quantity
1 1 each
MODEL:
DELIVERY: A.R.O.:
WARRANTY:
HOUSTON FIRE & SEF,
Description Unit Price Extended Price
Ladder Pipe For Fire Ladder
LOCATION PARTS & SERVICE:
Akron #
80 days
$4,268.16
666
Manufacturer's
Wooster, Ohio
CLAUDE WRIGHT
Item Quantity Description Unit Price Extended Price
1 1 each. Ladder Pipe For Fire Ladder $4,362.73
MODEL: Akron # 666
DELIVERY: A.R.O.:
WARRANTY:
LOCATION PARTS & SERVICE:
Item Quantity
1 1 each
MODEL:
DELIVERY: A, R.O.:
WARRANTY:
60 days
1 year
Wooster, Ohio
FIRE FOX CORP
Description Unit Price Extended Price
Ladder Pipe For Fire Ladder $4,297.39
LOCATION PARTS & SERVICE:
Akron # 666
30 to 42 days
Manufacturer's
Wooster, Ohio
One Company submitted a no bid.
Fire Protection Service submitted the low bid but withdrew
their bid due to an error. The indicated that their total should
have been $4,066.00 instead of $3,066.00. Fire Appliance Company
submitted the low bid meeting specifications in the amount of
$4,113.70. The Administration recommended approval of the ordinance.
Councilman Lander moved for 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. 2419
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF FIRE APPLIANCE COMPANY FOR
THE PURCHASE OF ONE LADDER PIPE AND AUTHORIZING THE PAYMENT
BY THE CITY OF THE SUM OF FOUR THOUSAND ONE HUNDRED THIRTEEN
AND 70/100 ($4,113.70) DOLLARS.
80223 -12
Minutes of the Regular Meeting - February 23, 1978
Ordinance - Awarding the Contract for Mowing Services
Four bids were received for the vacant lot mowing contract.
The bid tabulation follows:
S.V. ROBBERSON
Item Quantity Description Unit Price Extended Price
1 1 Mowing Contract For 1 Year
Hourly Charge For Mower & Driver $10.00
Minimum Lot Charge: 9.00
Make And Model Of Tractors Used: 1. M.F. Diesel
2. M.F. Diesel # 135
3. Int'l Diesel # 364
Days and Hours Contractor Mow anytime
Cannot Mow
E. H. FORD
Item Quantity Description Unit Price Extended Price
1 1 Mowing Contract For 1 Year
Hourly Charge For Mower & Driver $10.00
Minimum Lot Charge $10.00
Make And Model Of Tractors Used: 1. M.F. Diesel 235
Days and Hours Contractor
Cannot Mow
Item Quantity
1 1
2. M.F. Diesel 35
3. John Deer Crawler
Before 3:00 p.m. week days
DANNY THACKER
Description Unit Price Extended Price
Mowing Contract For 1 Year
Hourly Charge For Mower & Driver $15.00
Minimum Lot Charge: $20.00
Make And Model Of Tractors Used: 1. M.F. Diesel 25
Days and Hours Contractor
Cannot Mow
2. M.F. Diesel 35
3. Ford Gas 8N
Mow anytime
MICHAEL WALKER
Item Quantity Description Unit Price Extended Price
1 1 Mowing Contract For 1 Year
Hourly Charge For Mower & Driver $12.50
Minimum Lot Charge: 9.50
Make And Model Of Tractors Used:' - 1. Ford Gas 8N
Days And Hours Contractor
Cannot Mow
2. M. F. Diesel 300
Mow anytime
80223 -13
Minutes of the Regular Pieeting - February 23, 1978
Mr. S. V. Robberson submitted the low bid of $10.00 per hour
charge for mower and driver; minimum lot charge is $9.00. He
has indicated that he can mow at any time. The Administration
recommended approval of the ordinance.
Councilwoman Wilbanks moved for 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
Councilman Cannon commented that Mr. Ford has done a very
commendable job in the past.
ORDINANCE NO. 2420
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, TEXAS, TO EXECUTE
AND ATTEST TO A CONTRACT FOR MOWING SERVICES; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - The Second and Final Reading on the Proposed
Annexation of Trailwood Subdivision
The proposed ordinance provides for the second and final
reading on the proposed annexation of the Trailwood Subdivision.
This subdivision is located north of Massey Tompkins Road and west
of Raccoon Drive. No opposition to this proposed annexation was
expressed at the public hearing or when Council considered the
ordinance on first reading.
Mr. Lanham explained that the plans for the subdivision have
not received final approval. Councilman Cannon had expressed
concern that the subdivision would be annexed prior to final
approval by the Planning Commission; however, if the ordinance
is not acted on by the next Council meeting, the process will have
to be reinstituted.
In response to a question from Councilman Cannon, Mr. Lanham
explained that the Planning Commission has approved the plat, but
the engineering plans are still being worked on. Work will
not be able to begin on the subdivision until the engineering plans
are approved. The Administration recommended approval of the
ordinance.
Councilman Hutto moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
and Hutto
Mayor Gentry
Nays: Councilman Cannon
ORDINANCE NO. 2381
AN ORDINANCE PROVIDINGgFOR 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.
80223 -14
Minutes of the Regular Meeting - February 23, 1978
Ordinance - Amending Chapter 11, "Electrical Code."
As a result of the concern about the impact of revisions
to the Electrical Code which were made last fall, the City
Council repealed those changes at a special meeting in
December. The Electrical Board has held several meetings to
prepare revisions to the code. This proposed ordinance has
been recommended and unanimously approved by the Electrical
Board. This ordinance amends the original Electrical Code
in the following ways:
1. It establishes a $2,500 surety bond requirement.
2. It establishes a maximum ratio of four apprentices
to each journeyman on the job site.
3. It establishes experience requirements for master
electricians including four years experience as a
journeyman or two years of practical experience as
an electrical engineer.
4. It provides that a journeyman who can prove that he
has worked as a journeyman in other cities for at
least 3 years can be licensed on a reciprocal basis
without taking any examination or that a journeyman
who has completed an approved apprenticeship program
can be licensed without examination.
5. It limits the duration of travelers permit for a
journeyman to the time of the next examination instead
of completion of the job.
6. It provides some increase in fees.
7. It requires a contractor's vehicle to be marked with
two inch lettering on the doors. Magnetic signs may
be used for this purpose.
Councilman Kimmons moved for adoption of the ordinance;
Councilman Kloesel seconded the motion.
Councilman Hutto inquired as to the reasoning behind the
$2,500 surety bond since in the past it has been a $1,000 bond
and no one has had to collect on the bond. Councilman Kloesel
explained that the increase was made partially because of
inflation, and not because of any problems that have been
experienced in Baytown, but to afford citizens of Baytown more
protection. Mayor Gentry commented that a change in the bond
market could make it difficult to obtain a bond.
Councilman Kloesel commented that he would prefer that
Council adopt the ordinance and if problems arise in this regard,
Council could reconsider this provision at that time.
Councilman Lander commented that he was in favor of an
Electrical Code, but could not see the necessity for the bond
requirement. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
80223 -15
Minutes of the Regular Meeting - February 23, 1978
ORDINANCE NO. 2421
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 11,
ELECTRICAL CODE," BY THE AMENDMENT OF ARTICLES 1,
ADMINISTRATION, DIVISION 1, ELECTRICAL BOARD, ARTICLE,
2, LICENSES, AND RESTRICTIONS UNDER LICENSES, AND
ARTICLE 3, PERMITS AND INSPECTIONS; REPEALING ORDINANCES
INCONSISTENT HEREWITH; ESTABLISHING A PENALTY; CONTAIN-
ING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
Ordinance - Amending Chapter 18, "Motor Vehicles and Traffic,"
to Authorize Parking of Recreational Vehicles
No action was taken at the last Council meeting on a proposed
ordinance which would permit temporary parking of recreational
vehicles. The proposed ordinance has been altered to include a
definition of recreational vehicle, which is defined as a
customized van, motor home, travel trailer, truck camper or mobile
home which is less than 29 feet in length and is currently
licensed for highway travel. The proposed ordinance amends Chapter
18 of the Code of Ordinances by allowing the Police Department to
issue temporary parking permits for the parking of such recreational
vehicles on the street at night under certain conditions. These
conditions include lack of available driveway space, adequate
streets with adequate reflective devices on the vehicle and a
limitation of parking for only 72 hours for the purpose of
loading and unloading. The Administration recommended approval
of the ordinance.
Councilman Kimmons moved for adoption of the ordinance;
Councilman Lander seconded the motion.
Councilman Kloesel expressed concern that an owner must
obtain a temporary parking permit within 12 hours after parking
the vehicle and he said that he would like to remove the 12 hour
period or possibly -make it a 24 hour period.
Councilman Cannon moved to amend the ordinance to extend
the time limit to obtain a permit for temporary parking from
12 hours to 24 hours; Councilman Kimmons seconded the motion.
Councilman Hutto commented that he could not support the
ordinance unless someone could convince him that it would be
absolutely necessary for an individual to go down to the police
station to obtain a permit. He felt that the ordinance could be
enforced just as well without a permit.
Councilman Kloesel moved to delete the clause within 24
hours that was stated in the amended motion. At this point,
Mayor Gentry explained that this could cause parliamentary
problems, but if the amended motion were defeated, Council would
be back to the original motion and this motion could be amended.
The motion by Councilman Kloesel did not receive a second. The
vote on the amended motion follows:
Ayes: Council members Kimmons, Wilbanks and Cannon
Nays: Council members Lander, Kloesel and Hutto
Mayor Gentry
The amended motion was defeated.
80223 -16
Minutes of the Regular Meeting - February 23, 1978
After which, Councilman Lander moved to amend the ordinance to
delete all references to temporary parking permits; Councilman
Kimmons seconded the motion.
Mayor Gentry asked that this item be set aside in order
that Scott Bounds, City Attorney, would have a chance to review
the ordinance and make any corrections that would be necessary.
Ordinance - Authorizing the City to Enter into a Contract with
Harris County for Fire Proptection Outside of City Limits
Included in the packet there was a letter from J. J. Pruitt,
Fire Marshal of Harris County, concerning the proposed agreement
between the City and Harris County for rural fire protection
during 1978. The terms of the proposed agreement are similar to
those of past years except that the fee for fire protection has
been reduced from $4,285.00 in 1977 to $4,150.00 in 1978. The
slight reduction in fees is evidently due to a decrease in the
number of calls in this area during 1977. Under the terms of
this contract, the Baytown Fire Department will dispatch a fire
department pumper truck with professional driver to the scene.
No additional paid firefighters should be sent. Members of the
Baytown Volunteer Fire Department are asked to report to the
scene to help fight such fires. Mr. Lanham commented that the
amount the City is receiving is fair in terms of what other
cities are getting; therefore, the Administration recommended
approval of the contract.
Councilman Cannon inquired if the County sent this contract
to the City with the dollars quoted on the contract. Mr. Lanham
explained that he thought there was a certain amount of money
appropriated each year which the County divides among all the
fire departments in Harris County that provide this service.
Councilman Cannon asked how many fewer calls were made in 1977
than in 1976. Mr. Lanham replied that in 1976, the City made
112 calls and in 1977, the City made 85 calls. Councilman
Cannon then inquired how much did expenses increase to fight
fires. Mr. Lanham explained that the City's estimate for the
calls in 1977 is approximately $7,151.00 and that's pretty much
direct costs and that does not include any overhead.
Councilman Cannon moved for adoption of this ordinance with
an amendment to the contract in the dollar amount by taking
the 1977 figure and multiply that times the escalation factor,
and insert that dollar amount in the contract. Councilman Kloesel
seconded the motion.
Councilman Lander commented that the ordinance could not be
adopted, because with Councilman Cannon's motion, the County
would have to pay the City of Baytown more money.
Councilman Cannon commented that he would be happy to
enter into the contract, but not for the County's dollar
figure, and if the County so desired, the service could be
provided on a per call basis.
Mr. Lanham pointed out this contract covers the calendar
year so we are already into the 1978 period.
Mr. Lanham suggested that the Council approach the
Commissioner's Court and ask that more money be allocated. Mr.
Lanham said it would be a very difficult thing to cut off the
people outside the City limits from fire protection.
80223 -17
Minutes of the Regular Meeting - February 23, 1978
Councilman Lander pointed out that the costs are not
really direct costs because if the City did not provide this
service, our manpower would not be reduced; therefore, what
was being discussed was some sort of marginal cost which is
an undetermined amount. Mr. Lanham commented that the City
figures so much an hour for the apparatus and the manpower and
the miles travelled.
In response to a question from Council, Assistant Chief
Turner explained that the Fire Department sends a tank truck
and driver along with volunteers on small fires. When there is
a large fire the equipment and personnel necessary to combat
the fire is dispatched, but the county only pays for one man and one
vehicle.
Mayor Gentry explained he felt that Council should delay
action on this in order that the Administration could get back
to the County to explain the added costs involved.
Councilman Cannon withdrew his motion on that basis.
Councilman Kloesel moved that the contract be sent back
to the Commissioner's Court to be renegotiated with a greater
amount based on our experience; Councilwoman Wilbanks seconded
the motion.
Mayor Gentry commented that Mr. Lanham could portray that
to the proper people at the County level. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Ordinance - Amending Chapter 18, "Motor Vehicles and Traffic,"
to Authorize Parking of Recreational Vehicles on the Street
Scott Bounds, City Attorney, explained that the amended
motion to the proposed ordinance would make it illegal to park
a recreational vehicle, as defined, for more than 72 hours or
in violation of the standards that were set forth by Council
with the exception of item number two.
Councilman Hutto inquired as to what is a definition of
a customized van. Mr. Bounds explained that a customized van
is a super van or any type of van that is modified for recreational
use. The weight capacity of a van would have to be greater than
a 1 ton van to be regulated as a recreational vehicle. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: Council members Wilbanks and Cannon
ORDINANCE NO. 2422
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC,"
BY THE AMENDMENT OF SECTION 18 -51, PARKING PROHIBITED
FOR CERTAIN VEHICLES AND PURPOSES, TO PROVIDE TEMPORARY
PARKING OF CERTAIN RECREATIONAL VEHICLES ON PUBLIC
STREETS; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED
AND N01100 ($200.00) DOLLARS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
80223 -18
Minutes of the Regular Meeting - February 23, 1978
*Councilman Kloesel gone.
Ordinance - Awarding the Contract for Re- roofing of City Hall
Building
One bid was received for the re- roofing of the City Hall
Building from Downing Roofing Company for the amount of
$19,635.00.
DOWNING ROOFING CO.
Item Quantity Description Unit Price Extended Price
1 Installation of new roof $70.00 $15,120.00
2 Building up low areas $90.30 $ 4,515.00
with light- weight concrete
Company Location:
Completion Time:
Gross Total
Baytown, Texas
10 days
$19,635.00
Last year Downing did the work on the re- roofing of the
Community Building. The Administration recommended approval
of the ordinance.
Councilman Hutto moved for adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2423
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF DOWNING ROOFING COMPANY FOR
THE RE- ROOFING OF THE BAYTOWN CITY HALL BUILDING AND
AUTHORIZING THE CONTRACTING OF INDEBTEDNESS.BY THE CITY
FOR THE SUM OF NINETEEN THOUSAND SIX HUNDRED THIRTY -
FIVE AND N01100 ($19,635.00) DOLLARS WITH REGARD TO
SUCH AGREEMENT.
Consider Authorization to Advertise for Bids to Replace a
Utility Truck
Several weeks ago, a 1974 pickup which was being used by
one of the City's Wastewater Collection crews was demolished
in a wreck. This vehicle provided essential transportation for
this crew. Funds are available to replace this vehicle in the
Wastewater Collection budget. The Administration requested
permission to advertise for bids to replace this vehicle.
Councilman Cannon moved to authorized the Administration to
advertise for bids to replace this vehicle; Councilman Hutto
seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
*Councilman Kloesel back.
80223 -19
Minutes of the Regular Meeting - February 23, 1978
Discuss Employee Retirement Program
Mr. Lanham explained that the City of Baytown is a partici-
pant of the Texas Municipal Retirement System. Under this
system, at present the employee pays 5% of the first $6,000.00
of his salary and the City matches that on a basis of 2 to 1.
In March of 1973, the City Council approved participation in a
supplementary retirement system, and under this system an
employee pays 5% of his salary above the $6,000.00 and the
City pays 5.6% of the employees salary over $6,000.00. This
supplementary retirement program was made available to all
employees who chose to participate. In the beginning, more than
50% of the employees chose to participate, but at the present
time only approximately 22% of the employees are participating.
The recent changes in legislation governing the Texas
Municipal Retirement System and past performance of TMRS
investment program have created a situation in which changes
in the City's present retirement plans might benefit the
City and retiring employees. The trustees of the supplementary
retirement system have recommended that consideration be given
to merging the City's supplementary system with TMRS, thus having
just the one system which would be based on the entire salary.
The department and division heads have studied this program
and they recommend the system. There are several advantages to
TMRS, one being that it is portable. One major difference is
that in order to be a part of the TMRS, there must be a 100%
participation by the employees. Because of the fact that only
22% of the employees are participating in the supplementary
system, if the City changes over and merges the two systems,
where everyone will have to participate in TMRS, the City's cost
will go up. The estimate is that it would go up by approximately
$166,000.00 per year. If the two systems would merge, the City
would be refunded the funds that have been contributed to the
supplementary retirement system. These funds could be used to
pay the increase. The employees would get back what they have
contributed to the supplementary system. Mr. Lanham felt that
the time to consider this is when Council is studying the budget,
but he explained that the Administration would like to discuss
this with the City employees, and would, therefore, like
Council's permission to do so.
Council had many questions concerning the merging of the
two systems and asked that the Administration ask that a
representative of Texas Municipal Retirement System meet with
Council to explain the proposed merger and answer questions.
Mr. Lanham said that he would arrange for this meeting in
the very near future.
Discuss Closing of Durrain Ferry Road
At the last Council meeting, Council asked that the
Administration place this item on the agenda, and also asked
that the Administration report what action had been taken on this
previously. Mr. Lanham explained that he had a copy of the
minutes of the March 10, 1977 Council meeting which reflected
that a motion was made to close the street at its intersection
with Spur 201, and it was explained that the Council's Traffic
Committee had recommended that the street not be opened and that an
additional study would be made when the feeder roads on both
sides of Spur 201 were opened to traffic.
80223 -20
Minutes of the Regular Meeting - February 23, 1978
The Council's Traffic Committee would not recommend that
Durrain Ferry Road be opened under hazardous conditions. At
that time, Council voted to leave it closed on that basis,
but no decision was made to close it permanently.
Councilman Kloesel commented that his intent at the
present time would be to put this on the agenda for the next
meeting to close Durrain Road at the intersection of Spur 201
and Durrain. The legal terminology would be not to permit
through traffic and dead end the intersection. Councilman
Kloesel felt that there would be no advantage to waiting until
the construction is completed.
Councilman Kloesel moved that Council take action to close
the intersection of Durrain and Spur 201 permanently so that
through traffic would not be permitted; to dead end the
street at its intersection with Spur 201, and to take whatever
legal action necessary; Councilman Hutto seconded the motion.
Mayor Gentry explained that Council could vote on the motion
and if an ordinance is required to close this intersection
permanently, Council can vote on an ordinance at a later date.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Mayor Gentry called a five minute recess.
Consider Authorizing the Widening of a Median Cut on SH 146
near North Shepherd Drive
The Council's Traffic Committee reconsidered their previous
recommendation, and the Committee is now recommending that
instead of having a 70 foot median opening, there be a 90
foot median opening and that the double yellow stripe be re-
moved which would permit vehicles to cross at any point within
the 90 feet median opening.
Councilwoman Wilbanks commented that Highway 146 has so many
entrances and exits that it seems more cuts in the medians to
left would confuse the traffic patterns even more. She
explained that safety is her main concern and that this might be
creating an opportunity for traffic to stack up which would
block the left turn lane.
In response to a question from Mayor Gentry, Councilman
Cannon explained that the original request was that the south
median be moved 30 feet but the Administration felt that this
would make the median too wide; therefore, the Administration
recommended that the north median be moved down 20 feet which
would make a net result of 10 feet wider. Since the Traffic
Committee felt there would be no greater safety problem at this
median than at other median crossings on Highway 146; the
Committee approved the Administration's recommendation which was
recommended to the City Council and the Council approved it.
After opposition was raised, the request went back to the Council's
Traffic Committee and was discussed at length there. At which
time, the Committee recommended the 90 foot opening.
80223 -21
Minutes of the Regular Meeting - February 23, 1978
Mayor Gentry commented that the question would be,
is a 60 foot median opening or a 90 foot median opening
a safer traffic pattern.
Councilman Hutto moved that Council reconsider the
previous action which allowed a 30 foot cut with an addition
of 20 feet on the north side, and leave the median cross over
as it is; Councilman Kloesel seconded the motion.
Mayor Gentry asked if there were any further questions
or opinions on the motion; there were none. The vote
follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutton
Mayor Gentry
Nays: Council members Kimmons and Cannon
Consider Appointments to the Library Board
This item will be discussed in the executive session.
Consider Appointments of City Health Officer
This item will be discussed in the executive session.
Consider Appointments to the Urban Rehabilitation Standards
Board
This item will be discussed in the executive session.
Ordinance - Finding that an Emergency Situation Exists, and
Amending Ordinance No. 2396, Calling the Municipal Election
for Saturday, April 1, 1978, to Include the Election of a
Mayor from the City at Large to Fill an Expired Term
The Administration recommended approval of the ordinance,
amending Ordinance No. 2396, calling the municipal election
for Saturday, April 1, 1978, to include the election of a
Mayor from the City at large to fill an expired term.
Councilman Kimmons moved for 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. 2424
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, FINDING THAT AN EMERGENCY SITUATION EXISTS;
AMENDING ORDINANCE NO. 2396 TO INCLUDE THE POSITION OF
MAYOR FROM THE CITY AT LARGE; ORDERING THE MUNICIPAL
ELECTION TO BE HELD ON THE 1ST DAY OF APRIL, 1978, FOR
THE PURPOSE OF ELECTING THREE(3) COUNCILMEN FROM THE
RESPECTIVE DISTRICTS NUMBERS ONE(l), FOUR(4), AND
FIVE (5), AND THE ELECTION OF A MAYOR FROM THE CITY AT
LARGE; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE
PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING
THE HOURS; PROVIDING FOR A CANVASSING BOARD FOR ABSENTEE
BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION
OF NOTICE.
80223 -22
Minutes of the Regular Meeting - February 23, 1978
Consider Election of a Mayor Pro Tempore on an Emergency Basis
Mr. Lanham explained that in research of the minutes, the
Administration found that Council has not voted on a mayor
pro'tempore since 1974.
Mayor Gentry explained that there needs to be an official
Mayor Por Tempore in case of a runoff for mayor in the upcoming
election.
Councilman Cannon moved to appoint Councilman Jody Lander
as the Mayor Pro Tempore; Councilman Kimmons seconded the
motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Abstained: Councilman Jody Lander
Mayor Gentry recognized Scott Lincoln from the audience,
who is a real estate manager with Wendy's International. Mr.
Lincoln inquired as to what action had been taken. Eileen Hall,
City Clerk, explained what action had been taken.
In response to a question from Mr. Lincoln, Councilman
Cannon reviewed what had happened previously on the median cut
as he had in the discussion on the previous item. Councilman
Cannon explained that this item was brought up at the last
Council meeting and since it was not on the agenda, no formal
action could be taken.
Mr. Lincoln commented that he had read the minutes of the
February 9, 1978, Council meeting. He explained that he does
not agree with Council that it would be safer for people to
go to the left turn lane and make a U -turn and then travel back
to the new food establishment which is located near the median.
Mayor Gentry commented that everyone has their own view, but that
experiences proved where there is a protected left turn, it is
a safer way to turn a car around rather than with no protection.
Mr. Lincoln commented that Council is talking about making a
1800 U -turn opposed to a 900 turn. Mayor Gentry commented that
the difference is that the 1800 turn is protected by a light and
the 900 turn is not protected.
Mr. Lincoln inquired if his company would have an opportunity
for further rebuttal and if his firm could introduce expert
testimony at a later date. Mayor Gentry explained that in his
opinion, any ordinance or decision that is made at the Council's
table is always subject to review at a later date. Mayor
Gentry explained that anytime Wendy's International would like
to come to Council with expert testimony or to make appeal, they
should feel free to request that the item be placed on the
agenda for further discussion or consideration of this matter.
Clark Ammons, Western Director of Real Estate for Wendy's
International, commented that he was the one involved in
purchasing this location and inquired as to how the situation
was turned around so that Wendy's International is now being
denied the original request.
0
80223 -23
Minutes of the Regular Meeting - February 23, 1978
Mr. Ammons went on to point out that he was not aware that
discussion was open to the public when Mayor Gentry asked
if there was any discussion before the vote was taken. Mr.
Ammons inquired as to why there was such abrupt turnaround
in the decision. Mayor Gentry explained that he cannot answer
for the entire Council, but could only answer for himself.
He explained that when the recommendation came from the Council's
Traffic Committee, he was personally negligent in not looking
into that recommendation as thoroughly as he should have.
He admitted that Council receives numerous recommendations from
the staff on many different matters and he did not investigate
the situation as thoroughly as he should have, and that the
staff recommended that Council move the median 30 feet south
and 20 feet north, he understood that this was not Wendy's
request. Mayor Gentry pointed out that he had not been out
to the site prior to the action by Council; therefore, he did
not know it was cutting off or adding to anybody's access ability.
He explained that he, along with the other 6 members of the
City Council, based on the recommendation of the staff through
the Traffic Committee, had voted favorably on the item thinking
he was doing the proper thing for the citizens of Baytown. Then
there were some questions that came up about accessibility
to another property owner by moving the median south, and then
he explained he had an opportunity, because of that question to
do what he should have been done in the beginning, to go to the
site and look at exactly how that median cut is lined up and how
it would be lined up if it were moved. Mayor Gentry explained
that he made a determination after going out on the site and
watching the traffic, that it would not be in the best interest
of the citizens of Baytown who will be the people doing the
traveling on that street to widen the median to 90 feet.
Mayor Gentry once again commented that according to the
traffic flow and in his personal opinion, the median cut as it is
now is safe as the City can get it with any kind of median cut
in that area.
Mayor Gentry explained that he did not know that re-
presentatives of Wendy's International were present and had
anything to comment on. He explained that he had observed the
gentlemen sitting in the audience, but that there had been
several items on the agenda with no way to know who was present to
speak on what.
Homer Martin, Manager of McDonald's in Baytown, Texas,
was recognized and stated that he was unaware of the
first decision of the Traffic Committee and Council to widen
the median until a customer informed him of the proceedings,
but he was certain that everyone could understand his portion
in the matter when a decision is made that will seriously affect
your business. Mr. Martin stated that he applauded Council's
decision, but resented the comments made by the representatives
from Wendy's International.
Committee Reports
None
Unfinished Business
None
80223 -24
Minutes of the Regular Meeting - February 23, 1978
Recess into Executive Session to Discuss Personnel and Land
Acquisition
When the open meeting reconvened, the following business
was transacted:
Consider Appointments to the Library Board
Mr. Lanham explained that he would like to reappoint
Carol Bartz, Marilyn Sandhop and appoint V. G. (Vic) Glass, Jr.
to the Library Board and requested approval from Council
for those appointments.
Councilman Kloesel moved for the approval of the
appointments to the Library Board; Councilwoman Wilbanks seconded
the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
eensider Appointment of City Health Officer
Mr. Lanham explained that Dr. C. A. Riser is the City
Health Officer and is doing a very good job. This appointment
needs to be made by the City Council.
Councilman Hutto moved to reappoint Dr. C. A. Riser as
the City Health Officer for the City of Baytown; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Consider Appointments to the Urban Rehabilitation Standards
Board
Councilman Kimmons moved to reappoint Libby Weisinger, John
Sylvester and appoint T. L. (Doc) Satterwhite to the Urban Reha-
bilitation Standards Board; Councilman Lander seconded the motion.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Adjourn
With no further business to be transacted, Councilman
Lander moved for adjournment; Councilman Hutto seconded the
motion. The vote for adjournment was unanimous.
__[�O QMD ' n .-J
Karen Petru, Deputy City Clerk
APPROVED:
Eileen P. Hall, ity Clerk