1978 03 09 CC Minutes80309 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 9, 1978
The City Council of the City of Baytown, Texas, met in
regular session, Thursday, March 9, 1978, at 6:30 p.m. in the
Council Chamber of the Baytown City Hall. The following members
were in attendance:
*Jody Lander Councilman
*Jack Kimmons Councilman
Ted Kloesel Councilman
Mary E. Wilbanks Councilwoman
Emmett Hutto Councilman
*Allen Cannon Councilman
Tom Gentry Mayor
Fritz Lanham City Manager
Scott Bounds City Attorney
Dan Savage Assistant City Manager
Eileen P. Hall City Clerk
Mayor Gentry called the meeting to order and the invocation
was offered by Mayor Gentry.
Approve Minutes
Councilman Kloesel moved to approve the minutes of the
regular meeting of February 23, 1978, and ratification of actions
taken concerning each of the matters listed on the agenda of said
meeting; Councilwoman Wilbanks seconded the motion. The vote
follows:
Ayes: Council members Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
Receive Petitions
Robert West and Carl Pitts of 401 and 402 Riverbend were
present to present a petition to Council expressing the feeling
of certain citizens in that area of the extension of Wye Drive
to Columbia Street. The proposed street would greatly increase
the flow of traffic on Columbia and Riverbend Streets, a resi-
dential area, and cause an increased safety hazard to the many
small children who reside in Creekwood and Glen Arbor Subdivisions.
Therefore, these citizens petitioned the Council to reconsider
and relocate this extension of Wye Drive.
*Councilmen Lander and Kimmons present.
Councilman Kloesel moved to accept the petition presented to
Council; Councilwoman Wilbanks. seconded the motion.
Mayor Gentry inquired as to the status of the proposed Wye
Drive extension. Mr. Lanham explained that the engineers are
working on cost estimates and at a future Council meeting, the
Administration will come to Council with an initiation ordinance
which is the first step in the assessment process. At that time,
Council can change the length of the project.
Mayor Gentry commented that Council could extend this street
into this area which this petition deals with or extend Wye Drive
down to the ditch and dead end the street. Mayor Gentry explained
the citizens will have an opportunity to be heard prior to any
action by the Council. The matter will be placed on the agenda
and any interested persons may speak. The vote follows:
80309 -2
Minutes of the Regular Meeting - March 9, 1978
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks
and Hutto
Mayor Gentry
Nays: None
Mr. David Gunn appeared before Council to present a petition
requesting that City Council appropriate funds -for the operation
of a thirteen passenger van to be used primarily by the senior
citizens of the Baytown Nutrition Center and other senior citizen
groups throughout the community. First Presbyterian Church, with
aid from Harris County, sponsors this program in Baytown which
provides one free meal per day to senior citizens, but Mr. Gunn
pointed out that many senior citizens are unable to participate
at this time due to lack of transportation for tha handicapped
elderly. This van which First Presbyterian Church has proposed
to purchase will be equipped to transport the handicapped elderly,
as well as those handicapped persons being transported to the
Baytown Opportunity School and the Cerebral Palsy Center. The
First Presbyterian Church has committed itself to the purchase
of this van conditioned upon authorization by the City Council
of the City of Baytown to expend $15,000.00 toward the hire of a
driver, gasoline and maintenance of the bus.
After Mr. Gunn's presentation, Councilwoman Wilbanks moved
to accept the petition and to have this matter placed on the next
Council meeting agenda for consideration; Councilman Kimmons
seconded the motion.
Councilwoman Wilbanks explained that the Citizens Advisory
Group for the Aging Committee has appeared before the Executive
Committee of the Houston Galveston Area Council for the last two
years asking that the Committee consider local participation as a
requirement for aging grants, and the reasoning behind this has
been that when you look at dollars and cents, it appears that the
local areas that are willing to contribute are in turn receiving
more state money for their programs. Secondly, the participation
between non - profit agencies is very common on these applications
for 16B2 funds. Councilwoman Wilbanks commented that there are
letters from Cerebral Palsy and the Baytown Opportunity Centers to
accompany this grant application.
Councilman Kloesel inquired if action could be taken on this
item at the present meeting. Scott Bounds, City Attorney, explained
that since this item was not listed separately on the agenda, it
would be best not to take formal action until the next Council meeting.
In response to a question from Council, Mr. Lanham explained
that sufficient funds are available in the contingency account to
cover this expenditure. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks
and Hutto
Mayor Gentry
Nays: None
Hold Hearing on the Proposed Annexation of Whispering Pines, Sec-
tion 4 (7:00 .m.)
Mayor Gentry declared the hearing on the proposed annexation
of Whispering Pines, Section 4 open at 7:00 p.m. Mr. Lanham
explained that the Administration had received a letter from Mr.
John McLaggan, developer of Whispering Pines, Section 4 requesting
that this area by annexed. The area contains approximately 20
acres of land and involves 93 lots. It is located just north of
the existing Whispering Pines, Section 2.
80309 -3
Minutes of the Regular Meeting - March 9, 1978
Mr. Lanham explained that in connection with the Whispering
Pines area, in February, Council was given a copy of a letter
from Dr. Keith Coburn, who is President of the Whispering Pines
Homeowners Association, regarding some problems that the City is
experiencing in Whispering Pines, Sections 1 and 2 regarding the
operation of the sanitary sewer system. Mr. Lanham explained
that the Administration proposes to rebuild and enlarge the lift
station that was constructed in this area. At the present time,
there are two 175 GPM pumps powered by two 5- horsepower single
phase motors. The City proposes to replace those with two 300
GPM pumps powered by 10 horsepowered three phased motors. The
Administration also proposed that some of the piping be replaced,
install new switches and controls, remove pump house and build
new building and fence.
No one in the audience wished to speak at the public hearing,
and Council had no questions or comments; therefore, the public
hearing was declared closed by Mayor Gentry.
Citv Manager's Report
Jenkins - Holloway Park - Bobby Rountree, Director of Parks
and Recreation has been notified by the Texas Parks and Wildlife
Department that the Jenkins - Holloway Park has been selected by the
Regional Director of the Bureau of Outdoor Recreation as the Out-
standing Land and Water Conservation Fund Project for 1978 in Texas.
The City is receiving this award because of the parks' uniqueness
and variety, that is a combination of athletic facilities, picnic
areas, play areas and scenic walkways.
Allenbrook Subdivision - Council has received a letter from
Dr. Kenneth P. Carlson, on behalf of citizens that live in the
Allenbrook area regarding some of the traffic problems in that area.
The Administration suggested that this item be referred to the Coun-
cil's Traffic Committee. Council had no objections.
Sliplining - The contractor has installed 700 feet of pipe
in the Graywood area between Maplewood and Brentwood on Memorial
Drive east to Felton.
Bayway Water Line - This project has been completed and is
in service. Minor clean up work remains to be done.
Market Street Bridge - The contractor is finishing the bridge
this weekend. The approach slabs will be poured Monday, and the
road and bridge can be opened on Friday, March 17, 1978, unless
the weather slows the contractor down.
Sports Complex - The contractor has made good progress toward
completion of the parking lot which is important because on April
3 the softball season begins.
Country Club Water Line Replacement - The contractor will
start on this project Monday. The project will begin at Fairway
and Decker Drive and work toward Goose Creek Drive.
Question or Comments Regarding City Manager's Report
Councilwoman Wilbanks asked that the Police Department give
some special attention to the Kingsbend area where there are a
number of dump trucks traveling through this area and speeding.
Councilman Kloesel asked if he could receive a briefing on
the water billing. Dan Savage, Assistant City Manager, explained
that the City is two months behind on the billing. Bills are being
mailed for the end of December, 1977, and the beginning of January.
80309 -4
Minutes of the Regular Meeting - March 9, 1978
Councilwoman Wilbanks inquired if the City is behind because
of meter readers or because of office help. Mr. Savage explained
that the City initially got behind because of the turnover among
meter readers which lead to problems in the office. Mr. Lanham
explained that the City is able to read meters at the present time,
but would like to catch up gradually so that the citizens would not
be receiving excessive bills.
Mayor Gentry inquired as to when the Administration antici-
pated being able to catch up completely. Mr. Lanham explained
that the goal is to be no more than 25 days behind at the end of
this fiscal year.
Mr. Michael McClurg Appeared
Mr. Michael McClurg appeared before Council to request that
a "speed zone ahead" sign be placed on Garth Road prior to the
speed limit sign near the Tanglewood Apartments. Mr. McClurg
also mentioned that it was very difficult for a motorist to see
this sign because of the Tanglewood Apartment's sign. Mr. McClurg
suggested that perhaps the speed limit should be increased to
40 m.p.h. at that particular location on Garth because of the
slope condition there.
Council had no objection to referring the matter to the
Traffic Committee.
Councilman Hutto said that he felt the speed limit should be
increased on Garth Road to 40 m.p.h., and that the hospital area
could be zoned. Mayor Gentry said that the speed limit sign
could be relocated so that motorists could see the sign regardless
of the action concerning the speed limit.
Mr. McClurg was informed that the Council's Traffic Committee
would meet on the second Wednesday in April at 4:45 p.m.
Mr. Arthur Morgan Did Not Appear
Hear Report of Cemetery Committee
Mr. W. O. Tidmon, Chairman of the Cemetery Committee, reported
that the committee had concluded its investigation and that the
Committee recommends that the original plot of the cemetery be made
available to the relatives of those interred there and that there
be access to the cemetery.
*Councilman Cannon present.
After Mr. Tidmon reported what the Committee was recommending,
Mr. Tyson Barefield presented legal documents, photos, letters and
other data gathered by the Committee regarding Magnolia Cemetery.
After which, Councilwoman Wilbanks moved to put this matter
on the agenda for the next Council meeting; Councilman Hutto
seconded the motion.
Councilman Kloesel asked that after the City Attorney examined
the documents presented by the Committee and if legally possible,
that a resolution be drafted for Council consideration wherein
Council would authorize the City to take possession and control of
Magnolia Cemetery. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
80309 -5
Minutes of the Regular Meeting - March 9, 1978
Resolution No. 611, Changing the Name of Atcid Lane to Courtyard
Boulevard
This name change has been requested by National Condo - Versions,
Inc., the owner of the property abutting Atcid Lane which was
developed as townhouses several years ago. The National Condo - Versions,
Inc. acquired the property which is being sold as condominiums. Mr.
Lanham explained that there has been suggestions from time to time
through the years to change this street name.
Mr. Lanham suggested that Council delay action on this item
for a couple of weeks so that the Administration would have time
to receive feedback from citizens who purchased condominiums in
"11 that area regarding this name change. The item will be placed on
the next agenda. Council had no objections.
Ordinance - Altering the Fire Zone on North Main
Council has received a copy of a letter from Dennis Trigg,
President of Hometown Oil Company, indicating that he would like
to construct a metal office building at the back of his property
located at 2700 North Main. The building would be located in the
fire zone. In order for Mr. Trigg to place this building, it would
be necessary to delete approximately 30 feet of this lot from the
fire zone. This request is consistent with action taken by Council
in the past on exceptions along Highway 146.
Councilman Kloesel inquired if the walls of the building will
have any fire rating? In response, John Brandon, representative of
Morgan Buildings, explained that the standard construction is Class
"C" fire rating, 200 or better. The fire chief and building inspector
have reviewed these plans and the Administration recommended approval
of the ordinance.
Councilman Kimmons moved for adoption of the ordinance; Council-
man Hutto seconded the motion.
Councilman Lander commented that he had a problem with modifying
fire zones because when a fire zone is established, it is established
for a purpose, and he felt that any modification should be to the
whole fire zone. Councilwoman Wilbanks concurred. The vote follows:
Ayes: Council members Kimmons, Kloesel, Hutto and Cannon
Mayor Gentry
Nays: Council members Lander and Wilbanks
ORDINANCE NO. 2425
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 7,
"BUILDINGS ", SECTION 7 -2, PROPERTY DELETED FROM FIRE
ZONES, BY THE ADDITION OF A NEW SUB - SECTION (h),
REPEALING ORDINANCES INCONSISTENT HEREWITH AND PRO-
VIDING FOR THE EFFECTIVE DATE THEREOF.
Ordinance - Amending the Utility Rates for Water and Sewer Service
Outside the City
The proposed ordinance amends the utility rates for water and
sewer service outside the City limits. This proposed change will
add a $100.00 capital charge to tie into the City's sewage treatment
system. The tapping fees will remain the same as within the City
limits. The rates for service will be two times the minimum for
water and sewer service and one and half times normal rates for all
80309 -6
Minutes of the Regular Meeting - March 9, 1978
service in excess of the minimum. These proposed changes are in
line with contract with the Coady Water District which the Council
approved at its last regular meeting. These charges are consistent
with what Perry Walker was told when negotiating the contract with
the City for water and sewer services in the Timber Ridge Sub-
division. The Administration recommended approval of the ordinance.
Councilman Cannon moved for adoption of the ordinance; Council-
man Kloesel seconded the motion.
Councilman Cannon inquired if the $100.00 capital charge is
retroactive. Scott Bounds, City Attorney, explained that neither
the $100.00 capital charge or the rates will be retroactive, but
the rates will effect all future billings so that those persons
now receiving service will be paying the new rates. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES
BY THE AMENDMENT OF CHAPTER 31, "UTILITIES,"
AMENDING ARTICLES IV AND V, WATER AND SEWER
SERVICE, BY INCREASING WATER AND SEWER RATES FOR
PERSONS OUTSIDE THE CITY LIMITS AND BY PRESCRIBING
A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00)
DOLLARS; REPEALING ORDINANCE INCONSISTENT HEREWITH
TO THE EXTENT OF SUCH INCONSISTENCY; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
Ordinance - Including the Newly Annexed Trailwood Subdivision in
the Proper Council District
The Council completed action on the annexation of the Trail -
wood Subdivision at it's February 23, 1978, Council meeting. This
proposed ordinance included the Trailwood Subdivision in Council
District No. 4. Trailwood is adjacent to Council District No. 4
and is not contiguous with any other Council district. The Admin-
istration recommended approval of the ordinance.
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. 2427
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF '
BAYTOWN, AMENDING THE CODE OF ORDINANCES BY THE
AMENDMENT OF CHAPTER 10, "ELECTIONS," BY THE
ADDITION OF A NEW COUNCIL DISTRICT NO. 4 IN ORDER
THAT THE NEWLY ANNEXED TERRITORY OF TRAILWOOD
SUBDIVISION MAY BE INCLUDED IN THE PROPER COUNCIL
DISTRICT; REPEALING ORDINANCES INCONSISTENT HERE-
WITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
80309 -7
Minutes of the Regular Meeting - March 9, 1978
Ordinance - Authorizing Issuance of Change Order No. 2 to Sliplining
Contract 77 -2
The proposed change order would authorize the installation of
1,370 feet of sliplining in the 6 -inch sewer line on Schilling between
North Main Street and Cornell Street. Since the contract was awarded,
the City has had several cave -ins in this area. When the City was
repairing the line, it was found that the concrete pipe was very thin.
This would be added to the existing contract at the unit prices that
are in the contract. The Administration recommended approval of the
ordinance.
Councilman Kloesel moved for adoption of the ordinance; Council-
man Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2428
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT
WITH CHANNEL CONSTRUCTION COMPANY, INC. FOR THE SLIP -
LINING OF SANITARY SEWER LINES ON CERTAIN DESIGNATED
STREETS IN THE CITY OF BAYTOWN; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Mayor Gentry called a five minute recess.
*Councilman Kloesel absent.
Consider Selecting a Consulting Engineer Firm to Make a
Feasibility Study of Constructing a Pedestrian Walkway Across
Goose Creek Stream at the sliest Main Bridge
Through the years, the Administration has received many requests
concerning a pedestrian walkway across Goose Creek Stream at the West
Main Bridge, but a study never has been made whether or not this is
feasible from an engineering standpoint. Mr. Lanham explained that
he has asked Busch, Hutchison and Associates to give him a proposal
for making such a study. Busch, Hutchison have indicated that they
will make the necessary field investigations and surveys to enable
them to determine the feasibility of such a structure and if feasible,
prepare a preliminary engineering design for a walkway approximately
5 feet for the length of the bridge. The engineers will prepare a
cost estimate for the construction and will check with the Corps
of Engineers and other federal agencies concerned with the environment
to find whether or not there would be any objections to this. Also,
Harris County will be contacted in this regard. Busch, Hutchison
and Associates indicated that they would do this for a fee of $500.00.
The Administration recommended that Council authorize Busch, Hutchison
and Associates to make this feasibility study.
Councilman Kimmons moved to authorize Busch, Hutchison and
Associates to make a feasibility study of constructing a pedestrian
walkway across Goose Creek Stream at the West Main Bridge; Council-
man Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and
Cannon
Mayor Gentry
Nays: None
80309 -8
Minutes of the Regular Meeting - March 9, 1978
Consider Insurance Advisory Committee Proposal for Insurance of
Elevated Water Tanks
This was considered at a prior Council meeting and at that
time, Council had some Questions about what the experiences have
been in other cities along the Gulf Coast. Council has received
a copy of a letter from Mr. Bill Brown, representing the Insurance
Advisory Committee. In his letter of February 27, 1978, he attached
a table that he had received from the State Board of Insurance
which indicates that in the Gulf Coast area, the records indicate
that during the 10 year period from 1968 thru 1977, there was a
54% pure loss ratio.
Council also asked about the design of the City of Baytown!s
elevated storage tanks. The Administration has determined that
the tanks for the most part have been designed to withstand wind
of 100 miles per hour. The Committee has considered several
alternatives, but is recommending that the City consider the pur-
chase of a policy with a $10,000.00 per occurrence deductible at
annual premium cost of $10,863.00. The Administration recommended
approval of the Insurance Committee's recommendation to purchase
insurance to cover the replacement of elevated water tanks in case
of damage.
Councilman Kimmons moved to accept the recommendation of the
Administration; Councilman Lander seconded the motion.
Councilman Hutto commented that it appears that what Council
is looking at is the effects of tornadoes and hurricanes. He
felt that the City needs some kind of coverage for these tanks,
but felt that the $10,000.00 that would be spent on premiums could
be spent in other areas. He also commented that in some areas,
the City will have to take a risk because the risk would be only
for a few months out of the year. The vote follows:
Ayes: Council members Lander, Kimmons and Cannon
Mayor Gentry
Nays: Council members Wilbanks and Hutto
*Councilman Kloesel back.
Consider Settlement Regarding Contract for Demolition Services
At it's December 5, 1977 meeting, the Urban Rehabilitation
Standards Board awarded two contracts to Billy D. Martin for the
demolition of buildings at 202 and 204 East Lobit Street for the
amount of $2,940.00. After Mr. Martin was awarded the contract,
he moved his equipment to the property at 202 East Lobit and
worked there for 42 days before the owner forced him to leave the
property. At that point, the owner completed the demolition
process and removed the buildings on both lots. Although, Mr.
Martin was unable to fulfill his contract commitments, he did
incur considereable expense in moving his equipment on and off
of the property and in completing approximately 4' days work.
In addition to this, he lost the salvage value of work that he
had already performed, plus a portion of the profit that he would
have received had the work been completed. Because Mr. Martin
made a good faith effort to fulfill his commitment, the Administration
recommended that the City pay Mr. Martin $1,450.00 for the work
that he completed on these demolition contracts.
80309 -9
Minutes of the Regular Meeting - March 9, 1978
Councilman Kloesel moved to accept the recommendation of the
Administration; Councilman Lander seconded the motion. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Consider Approval of the City Manager's Appointment to the Civil
Service Commission
This item will be discussed during the executive session.
Committee Reports
None.
Unfinished Business
None.
Recess Into Executive Session to Discuss Personnel and Legal Matters
When the open meeting reconvened, the following business was
transacted:
Consider Approval of the City Manager's Appointment to the Civil
Service Commission
Mr. Lanham recommended that Mr. Wallace Heaner be reappointed
to the Civil Service Commission and requested approval of this
appointment by Council.
Councilman Kloesel moved that Mr. Wallace Heaner be reappointed
to the Civil Service Commission; Councilman Kimmons 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 Kimmons
moved to adjourn; Councilman Lander seconded the motion. The vote
for adjournment was unanimous.
`I ° a i)
Karen Petru, Deputy City Clerk
APPROVED:
L-i"d 10, yz!�� �--
Eileen P. Hall, City Clerk