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1978 03 23 CC Minutes80323 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 23, 1978 The City Council of the City of Baytown, Texas, met in regular session, Thursday, March 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 Tom Gentry Fritz Lanham Scott Bounds Dan Savage Eileen P. Hall Absent: Allen Cannon Councilman Councilman Councilman Councilwoman Councilman Mayor City Manager City Attorney Assistant City Manager City Clerk Councilman 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 March 9, 1978, and minutes of the special meeting of March 20, 1978, and ratification of actions taken concerning each of the matters listed on the agenda of said meetings; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None Receive Petitions *Jody Lander present. W. J. Allen of 2219 Wyoming submitted a petition to Council with 43 signatures of residents and /or property owners within the boundaries of Alabama, Missouri, West Main Street, and Douglas Drive in the vicinity of Spur 201, which are restricted with regard to access streets, requesting that Durrain -Ferry Road be returned to use as an east /west thoroughfare. Mr. Allen stated by opening Durrain -Ferry Road, the heavy traffic flow on Missouri and West Main Street would be relieved; the opening of this road would also help to relieve some of the careless driving on Hill Street that dead ends at Spur 201, and the opening of the road would provide for easier evacuation of this area in the event of a major catastrophe occurring in the Exxon Company's Baytown Complex area. According to public records, Durrain -Ferry Road was established as a public thoroughfare by the County of Harris in 1897. Councilman Hutto moved to accept the petition; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None Mrs. William P. (Marie) Vincent presented a petition to Council with over 500 signatures of residents of the greater Baytown area who oppose the implementation of the new law 80323 -2 Minutes of the Regular Meeting - March 23, 1978 stating that any city has the right to prohibit fishing, shrimping, crabbing, etc, by means of nets or similar devices. Mrs. Vincent explained that there is an additional petition with 115 names and signatures from the Texas City area who signed in support of this. Mrs. Vincent explained that the group of people who signed the petition felt that this ordi- nance is unpopular, unenforceable, and is not for the benefit of the people. Mrs. Vincent inquired if the City of Baytown intends to pass a future ordinance denying the people of Baytown the right to ski or use their boats in Crystal, Scott, and Burnett Bays. Mrs. Vincent felt that shrimp boats do not cause great enough wakes to cause water to enter into homes in the low areas around the bays; however, she felt that ski boats with their excessive speeds could cause such wakes. The supporters of this petition would like the right to catch fish, shrimp, and other seafoods in the bays around Baytown or would like the right to purchase the seafoods that have been caught in the bays around Baytown. Therefore, these petitioners are asking that the buoys be removed from Baytown so that Baytown seafood can be taken from these bays for all the people of Baytown. Mayor Gentry inquired what was the concern of the Texas City citizens? Mrs. Vincent explained that the Texas City citizens are afraid that Texas City will pass the same type ordinance as the City of Baytown. Councilman Kimmons moved to accept the petition; Council- man Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None City Manager's Report Interstate 10 - A copy of a letter from Mr. Allen Ranft, who is with the State Highway Department, had been placed at the council table regarding the traffic problems on Interstate 10 between Baytown and Houston. Mr. Ranft indicated in his letter that the special problems on I -10 which existed a couple of weeks ago were due to the fact that not only was the contractor working in that area, but the state's maintenance people were working at the same time in this same location. Mr. Ranft indi- cated detours will be continued in this area while construction is underway, but every effort will be made to hold down the number of lane closures so as to inconvenience the travelling public as little as possible. Mayor Gentry mentioned an article that was in a Houston paper recently which indicated that the highway department will be working at night and on weekends and holidays in order to try to avoid working during heavy traffic hours. Mayor Gentry inquired if this will have anything to do with major projects. Mr. Lanham said that he understood that this would apply to only maintenance work, but he would check to be certain. Councilman Kimmons asked that Mr. Lanham inquire if it would be possible that the washing of the Baytown- LaPorte tunnel be done at a different time. Councilman Kimmons commented that from 12 to 6 in the morning would be an appropriate time. 80323 -3 Minutes of the Regular Meeting - March 23, 1978 Mass Transportation - The administration has received a letter from Mr. Bill Black, who was appointed by the Mayors to serve on the Houston Metropolitan Transit Authority Board. The board is interested in holding a public hearing in Baytown, Wednesday, May 24, 1978. They would like to use the Council Chamber and would like the support of the Council in encouraging citizens to attend. Mayor Gentry explained that Mr. Black would like to hold the hearing in regard to what the legislature had authorized in its last session regarding a solution to the mass transit situation in the greater Houston and outlying areas. Mayor Gentry commented that Air. Black is very conscientiously trying to make sure that any plan that is adopted and funded takes into consideration the outlying areas, not just the City of Houston. These hearings are to get input from the people in the outlying areas regarding mass transportation. Councilman Kloesel stated that he would like the City of Baytown to have some input on rails. Mr. Lanham explained that this will probably be one of the several possibilities that could be presented. He said that the Board is also interested in proposed financing. Councilwoman Wilbanks felt that it would be significant to consider rail in planning for this area, but unfortunately, the way the legislature worded the document, rights of way for rails are excluded as far as the Metropolitan Transit Authority is concerned. Councilwoman Wilbanks felt that this should be voiced to the board and perhaps voice it to other areas also, because the railroads are protected in this particular instance. Mayor Gentry commented that what the Board is leading to is the same thing that came through about 2� years ago and that is a vote of the people to authorize funding from this area. Hospitalization Insurance - The Administration has received notification from the City's hospitalization insurance carrier of a significant increase in rates. The Administration has advertised for bids. The bids will be coming in next month, and will be presented to Council for consideration at that time. Market Street Bridge - The Market Street Bridge is open, but there is a considerable amount of work left to be done on this job such as smoothing the concrete surfaces, shaping the ditches, and seeding the slope. Also, there are a number of items that must be repaired including some curb replacement and pavement replacement before the Administration will recommend that this project be accepted. Sports Complex Construction - The south parking lot was scheduled to be asphalt surfaced today and the remainder of the paved areas should be done in the next few days so there should be no difficulty in having the parking lots completed in time for softball season to open on April 3, 1978. The concession stand at the new ball field is about 95% complete. Bayway Water Line - Only minor cleanup work remains to be done. Country Club Water Line Replacement - Work has started on the Country Club Water Line Replacement. Approximately 1400 feet of pipe has been installed on Fairway from Decker Drive to Tamarach. The contractor is making very good progress on this. 80323 -4 Minutes of the Regular Meeting - March 23, 1978 Sliplining - The contractor has installed 1200 feet of 10 inch sliplining in the Lakewood area. Questions or Comments Regarding the City Manager's Report Councilwoman Wilbanks inquired if the Administration had checked on the dump trucks or cement truck traffic going through the Kingsbend area on Tompkins Road. Bo Turner, Chief of Police, explained that a few tickets had been written to truck drivers who had been speeding in that area. Councilwoman Wilbanks inquired if another route could be used by the trucks to get to the desired destination. Chief Turner explained that the trucks are working north of the city limits and that Massey Tompkins Road could be used to get to that location. Councilwoman Wilbanks inquired if Cary's Bayou was included in the locations where "no wake" signs were to be placed. Mr. Lanham explained that this location was dis- cussed but he could not remember if it was included in the ordinance. Therefore, he would check to determine if that area was included. Councilwoman Wilbanks also inquired about the speed limit on Ward Road. Mr. Lanham explained that the speed limit has been changed to 30 miles per hour under the temporary traffic provisions of the traffic code, and the speed limit would go back to normal after baseball season. Consider Statement of Houston Lighting and Power Company Cost of Service and Fuel Cost Adjustment for April Council has received a copy of a statement of Houston Lighting and Power Company Cost of Service and Fuel Cost Adjustment for April, 1978, from Mr. Quin McWhirter, District Manager of Houston Lighting and Power. In his letter, Mr. McWhirter indicates a fuel cost adjustment of $.67, cost of service adjustment of $.02, and a sales tax increase of $.03 as a result of the increases in fuel cost and the cost of service. The total increase for a customer using 1000 KWH would be $.72. Mrs. Jean Shepherd Appeared Regarding the Hotel /Motel Occupancy Tax Airs. Jean Shepherd, representative of the Bay Area Heritage Society, appeared concerning the option to exercise the hotel/ motel occupancy tax in Baytown. Bay Area Heritage Society, which was established in 1975, operates the Baytown Historical Museum, which was started in September, 1977. The Society started out on $5.00 memberships, with $25,00 lifetime memberships to attract attention to the Bay Area Heritage Society. The Society was very successful in obtaining the old Humble Credit Union building as a museum site. The museum has been in operation for 20 hours a week since September, 1977, but additional time has been requested for morning tours and Saturday tours. Mrs. Shepherd explained that the Society is reaching the point of looking at adding a professional person or a full -time person to maintain the museum. Plus, the Cedar Bayou Methodist Church has given the Bay Area Heritage Society the old Methodist Church building, which will need to be restored. The building will have to be 80323 -5 Minutes of the Regular Meeting - March 23, 1978 moved, and hopefully, it will be moved to the Bicentennial Park. Cost for restoration of the building is estimated at $30,000.00. The hotel /motel occupancy tax is an option to obtaining the funding for these projects; it is not a new tax. Mrs. Shepherd stated that most cities are now charging 4% hotel /motel occupancy tax which is utilized toward sponsor- ing heritage houses, theatres for the performing arts, tourism, and other related projects. Mrs. Shepherd ended her presen- tation with a plea to the City Council that they implement the option of exercising the hotel /motel occupancy tax in the City of Baytown which would provide approximately $80,000.00 per year additonal revenue to the city. Mr. Hector Fixmer, owner of the Rebel Motel, appeared to represent himself, as well as the owners of the Palms Motel and the Holly Inn Motel, in opposing the hotel /motel occupancy tax. Mr. Fixmer stated that this tax would increase rates at the small motels, and in effect, cause a decline in their business. Mr. Fixmer stated that he would like to increase rates to cover expenditures but has been unable to do so because his customers are unable to pay an increase. Mr. Fixmer ended the presentation by requesting that the City Council decline it's option to establish a hotel /motel occupancy tax. Mrs. Eileen Caffey, Representative of the Beautify Baytown Association Appeared Mrs. Eileen Caffey, President of the Beautify Baytown Association, appeared to request that Council consider $12,960.00 in the next budget preparation toward the employment of a full -time civil service employee to enforce ordinances having to do with keeping Baytown beautiful. Mrs. Caffey stated that $12,960.00 would be expended for annual salary, social security, retirement, insurance, uniforms, auto insurance, auto maintenance, and court time plus the one time cost items such as radio, home charger, converter -com, a light bar and siren for the first year. The second year $2,000.00 could be deducted from that total for the one time cost factor and the total then would be $10,960.00. Mayor Gentry inquired if a vehicle was included in the cost figure that she gave. Mrs. Caffey explained that a vehicle would have to be considered separately. Ordinance - First Reading on the Proposed Annexation of Whispering Pines, Section 4 At the March 9, 1978 Council meeting, the Council held a public hearing on the proposed annexation of Whispering Pines, Section 4. No opposition to this annexation was expressed at this hearing. The Administration recommended approval of the ordinance. Councilman Kimmons moved for adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Hutto Nays: None 80323 -6 Minutes of the Regular Meeting - March 28, 1978 ORDINANCE NO. 2430 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUN- DARY 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 TO THE CITY OF BAYTOWN, TEXAS. Ordinance - Setting the Time and Place for a Public Hearing on the Proposed Annexation of Ginger Creek Mr. Mack Holland had notified the Administration that he wished to have the subdivision known as Goose Creek Estates, annexed by the City. Air. Holland indicated yesterday that he would like to change the name from Goose Creek Estates to Ginger Creek. This subdivision is located north of Quail Hollow Subdivision and south of Lynchburg -Cedar Bayou Road. The proposed ordinance calls a public hearing on this requested annexation for 7:00 p.m. during the Council meeting on April 13, 1978. The Administration 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 and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2431 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 - Authorizinv an Inter -Local Aareement with Harris Countv for Jail Services The packet included a letter from Nolen Bordelon of the Harris County Clerk's office regarding the contract for jail services with Harris County. This would continue the contract that the City of Baytown has had with Harris County for the past three or four years with the exception that it increases the county's contribution to $60,000.00. The Commissioner's Court has approved the contract. The Administration recommended approval of the ordinance. Councilman Lander moved for adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks. and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY PROVIDING FOR JOINT PARTICIPATION BETWEEN THE CITY AND THE COUNTY WITH REGARD TO FURNISHING 14AINTENANCE AND OPERATION OF JOINT JAIL FACILITIES: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 80323 -7 Minutes of the Regular Meeting March 23, 1978 Ordinance - Authorizing a Contract With First Presbyterian Church to Fund the Operation of a Van for the Baytown Nutrition Center At the March 9, 1978 meeting, Par. David Gunn made a presentation on behalf of the First Presbyterian Church and the Senior Citizens Nutrition Program to obtain City support for the operation and maintenance of a van for transportation of senior citizens and the handicapped. At that time, Council instructed the Administration to put this item on the agenda for the next regular meeting. The Administration has developed a proposed contract between the City and the First Presbyterian Church which would provide that the Church would operate the service and be responsible for the personnel, operation, main- tenance, and insurance expenses, for which the City will pay up to a maximum or $15,000.00 to cover these expenditures. 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, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK TO FUND THE OPERATION OF A VAN FOR THE BAYTOWN NUTRITION CENTER: AUTHORIZING PAYMENT OF THE CITY OF FIFTEEN THOUSAND AND N01100 ($15,000.00) DOLLARS WITH REGARD TO SUCH AGREEMENT: AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Resolution No. 611 - Authorizing the Transfer of Funds from Unforeseen Expenses to Nutrition Transportation Program Council included $200,000.00 in the current budget for unforeseen expenses. The proposed resolution would authorize the transfer of $15,000.00 from the General Fund Contingency Account No. 101 -07 -0201 to Senior Citizen Transportation Program. These funds will be used to pay for the operation and maintenance of a van which the First Presbyterian Church will acquire for the Senior Citizen Nutrition Program. The Administration recommended approval of the resolution. Councilman Kloesel moved for adoption of the resolution; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Klowsel, Wilbanks and Hutto Mayor Gentry Nays: None RESOLUTION NO. 611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FIFTEEN THOUSAND AND N01100 ($15,000.00) DOLLARS FROM GENERAL FUND ACCOUNT NO.0101 -12- 0100, "CONTINGENCIES," TO GENERAL FUND ACCOUNT NO. 0101 -07 -0201, SENIOR CITIZENS' TRANSPORTATION PROGRAM. 80323 -8 Minutes of the Regular Meeting - March 23, 1978 Ordinance - Awarding the Contract for Kilgore Road /Mockingbird Lane Storm Sewer Fund Two bids were received for the Kilgore Road and Mockingbird Lane Storm Sewer Project. The bid tabulation follows: R. T. BISHOP CONSTRUCTION L. T. BISHOP BASE BID $236,025.45 ADD ALTERNATE BID $ 31,484.60 STAR CONCRETE N TRUCTION, INC. $243,650.00 $ 34,100.00 TOTAL BID $267,510.05 $277,750.00 R. T. Bishop Construction Company and R. T. Bishop submitted the low base bid of $236,025.45 and an alternate was included that would extend the storm sewer on Mockingbird Lane from Eaves to Frenchplace. Mr. Lanham explained that this still exceeds the bond funds that are available. The Administration recommended that the contract for the entire job be awarded to R. T. Bishop Construction Company and R. T. Bishop, a joint venture. Councilman Kloesel moved for adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO 2434 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ACCEPTING THE BID OF R. T. BISHOP CONSTRUCTION COMPANY, INC., & R. T. BISHOP, A JOINT VENTURE, FOR THE CONSTRUCTION OF THE KILGORE ROAD /MOCKINGBIRD LANE STORM SEWER PROJECT AND AUTHORIZING THE CONTRACTION OF INDEBTEDNESS BY THE CITY FOR THE SUM OF TWO HUNDRED SIXTY -SEVEN THOUSAND FIVE HUNDRED TEN AND 05/100 ($267,510.05) DOLLARS WITH REGARD TO SUCH AGREEMENT. Consider Resolution No. 612 - Authorizing Transfering Funds from Unforeseen Expenses to 1975 Storm Sewer Fund Bond funds in the amount of $232,000.00 are available for the Kilgore Road / Mockingbird Lane Storm Sewer Project. The bid price for the work and additional engineering charges total about $285,000.00. This resolution would transfer $53,000.00 from the General Fund Contingency Account to the 1975 Drainage Bond Fund to cover the cost of this project. The Administration recommended approval of the resolution. Councilman Kimmons moved for adoption of the resolution; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None RESOLUTION NO. 612 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FIFTY -THREE THOUSAND In- 80323 -9 Minutes of the Regular Meeting - March 23, 1978 AND N01100 ($53,000.00) DOLLARS FROM GENERAL FUND ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO 1975 DRAINAGE BOND FUND ACCOUNT NO. 8809 -08. Ordinance - Awarding the Bid for the Operation of Concession at the Baytown Sports Complex Two bids were received for the operation of concession stands at the Baytown Sports Complex. The bid tabulation follows: HOLMES CONCESSION 17.5% or $2,000 minimum MR. BILLY MITCHELL 16.10 Holmes Concessions submitted the highest bid in the amount of 17.5% of gross sales or a minimum of $2,000.00. The Administration recommemded approval of the ordinance. Councilman Lander moved for adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HOLMES CONCESSIONS FOR THE CONCESSION AT THE BAYTOWN SPORTS COMPLEX (EXCLUDING THE SWIMMING POOL) AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding the Bid for the Purchase of a Pickup Truck Three bids were received for the replacement of a pickup truck in the Wastewater Collection Division. The bid tabulation follows: Item Quantity Description 1. 1 each Chevrolet C -10 pickup truck Item Quantity Description 1. 1 each GMC- Sierra pickup truck Item Quantity Description 1. 1 each FORD F -100 pickup truck BOB HAMRIC CHEVROLET Unit Price Extended Price $5082.43 $5082.43 61 days BAYTOWN !MOTORS Unit Price Extended Price $4899.97 HUGH WOOD FORD Unit Price $5234.04 $4899.97 3 days Extended Price $5234.04 60 days 80323 -10 Minutes of the Regular Meeting - March 23, 1978 Baytown Motors submitted the low bid in the amount of $4889.97. Budgeted funds will be used to purchase this vehicle. 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, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2436 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTOWN MOTORS, INC. FOR THE PURCHASE OF ONE PICKUP TRUCK AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FOUR THOUSAND EIGHT HUNDRED NINETY -NINE AND 97/100 ($4889.97) DOLLARS. Ordinance - Awarding the Bid for Purchase of Fire Hose Four bids were received for the purchase of fire hose. The bid tabulation follows: INDUSTRIAL FIRE EQPT. Item Quantity Description Unit Price Extended Price 1. 2,000 ft. Firehose $1.57 /ft. $3140.00 2A inch Make & Model: Imperial - 70D825H 2. 1,500 ft. Firehose $1.09 /ft. $1635.00 1j inch Delivery - 30 Days Make & Model: Imperial - 70D815H HOUSTON FIRE & SAFE Item Quantity Description Unit Price Extended Price 1. 2,000 ft. Firehose $1.966 $3280.00 2A inch ?lake & Model: National - 14 -SN6 -D with AL 2. 1,500 Ft. Firehose $1.272/ft. $1908.30 1? inch Delivery - 56 Days Make & Model: National - 14 -SN6 -D with AL FIRE FOX CORP. Item Quantity Description Unit Price Extended Price 1. 20000 ft. Firehose $1.64 /ft. $3280.00 2A inch Make & Model: National - 14 -SN6 -D with EX 2. 1,500 ft. Firehose $1.09 /ft. $1635.00 1A inch Delivery - 45 Days Make & Model: National - 14 -SN6 -D with EX 80323 -11 Minutes of the Regular Meeting - March 23, 1978 Item Quantity Description 1. 2,000 ft. Fire hose 21 inch Make & Model: 2. 1,500 ft Firehose 12 inch Make & Model: CLAUDE WRIGHT Unit Price Extended Price $1.69 /ft. $3380.00* Bi- Lateral - Akron $1.19 /ft. $1785.00 Delivery - 30 Days Bi- Lateral - Akron *there was an error in exten- sion unit price governs. Industrial Fire Equipment submitted the low bid in the amount of $4775.00 for the hose. Funds in the amount of $4820.00 were budgeted for this purpose. The administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None. ORDINANCE NO. 2437 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF INDUSTRIAL FIRE EQUIPMENT FOR THE PURCHASE OF ESTIMATED QUANTITIES OF FIRE HOSE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUAN- TITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Change Order No. 1 to the Baytown Sports Complex Phase II Development The agenda packet included a letter from Jim Hutchison of Busch, Hutchinson, and Associates concerning a proposed change order to the electrical installation design at the Baytown Sports Complex at an estimated cost of $5,880.00. When the plans were prepared for this work, provisions were not included there for placing of concrete over the elec- trical conduit included in the contract. The Electrical Code was amended in 1976 to make this requirement and provides that all underground feeders for commercial and multi - occupancy buildings shall be in conduit covered with a minimum of two inches of red concrete at a depth specified by the National Electrical Code. The Electrical Board held a meeting to determine if the C City would be considered a commercial establishment, and determined that the City would fall under the commercial classification of the code at this time. In response to a question from Councilman Kimmons concerning safety, Councilman Kloesel said that he felt the question of requiring conduit instead of direct burial is still under study by the Electrical Board and this requirement could be changed. Councilman Kimmons inquired as to when the Electrical Board will consider this change? Councilman Kloesel explained that the Board is scheduled to meet in the middle of April. Councilman Kimmons inquired if the contractor will be too far into construction at that time to alterate the plans. Mr. Busch commented that 80323 -12 Minutes of the Regular ?fleeting - March 23, 1978 his engineering firm would have to recommend that Council adopt this change order because the work needs to be done. Mr. Busch went on to explain that the work had already been postponed once and holding off on this item would hold the complete job up because everything is installed in sequence. Councilwoman Wilbanks inquired as to the reason for using red concrete. Mr. Busch explained that the concrete is red as a warning to anyone who is excavating in the area of an electrical conduit. Councilman Hutto felt that to require a safety strip would be more appropriate. Mayor Gentry commented that Council would need to proceed and this would be an expense that would have to be borne in order to complete the project as scheduled. Councilman Kloesel moved for adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH AMISTAD CONSTRUC- TION COMPANY FOR THE ELECTRICAL INSTALLATION DESIGN AT THE BAYTOWN SPORTS COMPLEX PHASE II AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing a Contract with Harris County for Fire Protection Services Outside the City Limits This item was brought to Council at a previous meeting, and Council asked that the Administration contact the County about increasing their contribution to the City of Baytown to at least take care of the direct costs. The Administration has requested that the contract be changed to provide $7,151.00 for this service. The packet included a letter from J. J. Pruitt, Harris County Fire Marshall, in which he indicated that the County has increased the budget through the years, but funds are not available at this time to meet this request. Mr. Pruitt indicated that he will continue to review and upgrade the fund- ing for fire protection services when funds are available. The Administration recommended approval of the contract as submitted but would like to present a resolution to Council at a future meeting asking the Commissioner's Court to appropriate additional funds in the future years to cover these additional costs. Councilman Lander moved for adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, and Hutto Mayor Gentry Nays: Councilman Kloesel ORDINANCE NO. 2439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY WITH REGARD TO PROVIDING FIRE FIGHTING AND FIRE PROTECTION SERV- ICES TO UNINCORPORATED AREAS OF HARRIS COUNTY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 80323 -13 Minutes of the Regular Meeting - March 23, 1978 Mayor Gentry called a five minute recess. Ordinance - Authorizing Reimbursement for City's Cost of Installing Water Line Mr. Robert Gillette, an attorney, was present to represent Mr. F. A. Richardson Developing Company, who has just completed a subdivision in Baytown called Allenbrook Section III. When the proposed plans for this subdivision were submitted to the City Engineer and Director of Public Works in 1977, after reviewing the plans, they stipulated that the water system proposed would have to connect to the existing water system located on the west side of the west fork of Goose Creek Stream in addition to the proposed connection into the 10 inch main on Rollingbrook at Greenway Drive. They further stipulated that this connection could be accomplished by crossing the stream at the north line of Allenbrook, Section III, and connecting into the existing system in Allenbrook, Section I; or by extending the existing 10 inch main on Rollingbrook, crossing the stream at the bridge, and connecting to the existing 10 inch main at Rollingbrook Drive and Creekbend Drive. Mr. Richardson selected the latter alternative. Mr. Richardson believed that the 10 inch connection is certainly an enhancement to the City of Baytown's water distribution system, but felt that this construction should not have been his obligation according to the subdivision ordinance. This additional work has cost Mr. Richardson an additional $13,496.21. Mr. Gillette explained that Mr. Richardson requests that the City Council give consideration to this matter and refund the cost of the 10 inch line because he felt that the water line plans as originally presented met all the requirements of the City's Subdivision Ordinance. Mr. Johnny Busch, representative of Busch, Hutchison, and Associates, was present to answer any technical questions con- cerning this matter. Mayor Gentry inquired how the figure of $13,496.21 was derived. Mr. Busch explained that $6,900.00 of that cost was for attaching a line for the creek crossing of the bridge. In response to a question from Mayor Gentry, Mr. Lanham explained that in order to have a loop, this connection was made so that if something happened to one line, the subdivision would continue to have water. Councilman Hutto commented that he felt that the City of Baytown made Mr. Richardson do something that the City should have done. Mayor Gentry inquired why the City required the original developer to install the 10 inch line. Mr. Lanham explained that the original developer of this property installed a 6 inch line to serve his property, but the City had the developer install a 10 inch line and the City reimbursed him for the difference. Mayor Gentry commented that he had no objection to the City standing this expense as long as no precedent is set. Bob Gillette, Mr. Richardson's attorney, stated that he agreed with Mayor Gentry that Council would not want to set a precedent in this matter; however, at this point in time, his client felt that he was asked to meet a requirement that is not a part of the subdivision ordinance. Council could amend the subdivision ordinance so that this would be a requirement in the future. However, when Mr. Richardson was told of this requirement he had already gotten to the point of selecting two bidders and had his money committed. At the 80323 -14 Minutes of the Regular Pleeting - March 23, 1978 time the requirement was mentioned, Mr. Richardson had no choice but to comply. Councilman Lander stated that he felt the City was requiring something outside the ordinance and requested that the Administration look into the matter and report to Council. Consider an Extension to Nye Drive by the Police Station on the East Side of North Main The YMCA is negotiating for property in the vicinity of Wye Drive, and in order to be able to utilize that property, it is necessary for them to be assured that Wye Drive could be extended to their property. The YMCA is asking that Council indicate if the City would accept a 39 foot wide street if it is built to City specifications with a 50 foot right -of- way. Councilman Kimmons moved that the YMCA be informed that Council would be willing to accept the street if it were built to City specifications with a 50 foot right -of -way and be 39 feet wide. Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Consider Resolution No. 613 - Finding that Magnolia Cemetery is a Threat to the Health, Safety, and Welfare of the Citizens of Baytown. Mr. Jim Girardeau, Mrs. Holland's attorney, was recognized by Mayor Gentry who spoke on behalf of bars. Holland. Mr. Girardeau explained that this was the first opportunity that had availed itself to present Mrs. Holland's side of the issue since he was unaware that the Cemetery Committee was going to report to Council at the last meeting. Mr. Girardeau said that he felt the deed that was recorded which reflected Mrs. Holland's ownership of the property was a good and valid deed. Mr. Girardeau explained that basically last week the spokesman for the Cemetery Committee said that there was no access for the public to the cemetery; the cemetery was poorly maintained; it created a health hazard, and that the cemetery was criminally desecrated by Mrs. Holland. Mr. Girardeau commented that on the matter of accessibility, Mrs. Holland never denied anyone having legitimate reasons for visiting the cemetery accessibility to the cemetery. Mr. Girardeau commented that last year Mrs. Holland placed no trespassing signs on the fenced area and some people saw the signs which discouraged their entry. The reason Mrs. Holland placed these signs was not the intention of keeping people from visiting the graveyard, but to prevent vandals and unauthorized people from going into the graveyard and destroying the property. At the last meeting, the Cemetery Committee indicated that the cemetery is a health hazard. Mr. Girardeau explained that the cemetery consists of 5.7 acres, and that he finds it hard to believe that this property could cause a health hazard. Mr. Girardeau went on to explain that Mr. Holland has maintained the property for some 30 years and has never received a dime from anyone for doing so. Mr. Girardeau commented that Mr. Holland never desecrated the cemetery. The cemetery has been there for a long time and 80323 -15 Minutes of the Regular Meeting - March 23, 1978 in 1932, the Baytown Sun had an article concerning the condition of the cemetery. Mr. Girardeau commented that it is apparently obvious that when Mrs. Holland purchased the property in the late 1930's, the cemetery had already been desecrated. Mr. Girardeau presented some photographs of Magnolia Cemetery, the Exxon Cemetery and the cemetery in Wooster. The Exxon Cemetery is well kept, but where is the accessibility? The entrance is a long way from the cemetery itself. The Wooster Cemetery is in very poor condition. Mr. Girardeau listed the alternatives that Council could consider: 1. The City could take over the entire cemetery, making it the City of Baytown's for eternity, and in addition, the City would be faced with taking over cemeteries in other areas of the City. 2. The City can purchase the cemetery or a part of the cemetery. 3. The City can negotiate reasonable regulations for the cemetery as to the accessibility, maintenance, etc. 4. The City could take no action at all. Mr. Girardeau commented that three City Councils throughout the years have looked at the problem but had not taken any action. He pointed out that there are many ordinances the City of Baytown can use in order to insure proper maintenance of the premises. Also, the adjoining land owners and the people who have family members buried there have many legal rights which they can enforce by going to court. Mr. Girardeau concluded his presentation by requesting that City Council consider these alternatives before passing the proposed resolution. Mr. Girardeau commented that the City Council can always pass this resolution if the alternatives fail. Mrs. Holland appeared to state that she never knowingly denied anyone access to visit the cemetery. Mr. Roger Marcus, Associate Pastor of Peace Tabernacle Church, and Mr. B. J. Nelson were recognized by Mayor Gentry, and both gentlemen testified to Mrs. Holland's good character. Councilman Kloesel explained that the reason he brought Magnolia Cemetery to the attention of Council was to preserve the property as a cemetery and that he was sorry personalities became involved, but he hoped that Council would pursue the possibilities of preserving Magnolia Cemetery. At this point, Councilman Kloesel asked that the question be referred to the Cemetery Committee because the Committee had not discussed the options that had been prepared by the Administration and he felt that it is important for the Committee to meet with Mr. Bounds, Mr. Girardeau, and Mrs. Holland to discuss the .options. Therefore, Councilman Kloesel moved to have the memorandum referred to the Cemetery Committee for their consideration and for the Committee to report back to Council. Councilman Hutto asked that the motion be clarified. Councilman Kloesel explained that his intent is to have the Committee and Mr. Holland negotiate and review all of the items that were presented at the last Council meeting and this meeting, and then come back to Council with a recommendation. Council- man Hutto seconded the motion. Councilman Lander commented that he did not know if the Cemetery Committee and Mrs. Holland would be able to work anything out by meeting. 80323 -16 Minutes of the Regular Meeting - March 23, 1978 Councilman Kloesel commented that this has been a very sensitive problem but he felt that it is important for both sides to sit down together and try to resolve the problem. Councilman Lander inquired as to what will happen if Council does not find the Magnolia Cemetery to be a threat to the health, safety, and welfare of the citizens of Baytown. What legal point or element will the City of Baytown have in this? In response to this question, Mr. Bounds commented that the City Council would have other alternative actions that they could take. Council could enact ordinances relating to cemeteries regarding the upkeep or maintenance of cemeteries. Council could negotiate subject to declaration or re- examining whether or not the cemetery was a public health hazard as defined by the State statutes. Mr. Bounds explained that beyond this, he has not done a whole lot of research as to other areas of the City's authority over cemeteries. There is no specific State statute that would grant Council any authority other than this statute, and another statute allowing Council to act as a trust officer for the upkeep of cemeteries by accepting donations. Councilman Kloesel commented that the real question is whether or not Magnolia Cemetery continue to be preserved in future years. Councilwoman Wilbanks questioned whether or not anything is to be achieved by sending the matter back to the Committee in this respect because she felt that the Committee has brought the matter to this point and felt that it is time for Council to give the matter some deliberation. The vote follows: Ayes: Council members Kloesel and Hutto Nays: Council members Lander, Kimmons, and Wilbanks Mayor Gentry Mayor Gentry recognized Jack Hagee, a member of the Cemetery Committee, who commented that the Cemetery Committee does not have any personal grievance against Mrs. Holland but the situation is that a cemetery is a sacred place. Mr. Hagee explained that the City Council is the Committee's way of trying to preserve the cemetery as a sacred place and return it to it's original state. Mr. Hagee commented that the people who sold the property to Mrs. Holland were wrong in doing so, and he believes the cemetery belongs to the people who have family members buried there. Mr. Hagee asked that Council look into their own hearts and minds to decide what is really right. He asked that the Council get behind the people who have families buried there and find in their favor that the property is a cemetery and take charge of it. Mayor Gentry recognized Mr. Tyson Barefield, a member of the Cemetery Committee, who explained that he has no personal grievance against Mrs. Holland, but feels that Council should consider the facts that were presented with relationship to the before and after of the cemetery. There were other witnesses who appeared regarding access- ibility to the cemetery, but no further action was taken by Council. Consider Resolution No. 613 - Changing the Name of Atcid Lane to Courtyard Boulevard The proposed resolution changes the name of Atcid Lane to Courtyard Boulevard. This change has been requested by National Condo - Versions, Inc. The Administration recommended approval of NO FN 80323 -17 Minutes of the Regular Meeting - March 23, 1978 the resolution. Councilman Lander moved for adoption of the resolution; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None RESOLUTION NO. 613 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CHANGING THE NAME OF ATCID LANE LOCATED IN BAYWAY ACRES TO COURTYARD BOULEVARD AND PROVIDING FOR THE EFFECTIVE DATE THEREOF Consider Resolution No. 614 - Changing the name of Rollingbrook Drive to Shady Hill Drive Shady Hill Drive was originally named Rollingbrook Drive. Although street signs have been posted on Shady Hill Drive for some time, no official action has ever been taken to change the name from Rollingbrook Drive to Shady Hill Drive. The Administra- tion recommended approval of the resolution. Councilman Kimmons moved for adoption of the resolution; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None. RESOLUTION NO. 614 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS CHANGING THE NAME OF ROLLINGBROOK DRIVE LOCATED IN ROLLINGBROOK, SECTION I, TO SHADY HILL DRIVE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Request by P. S. Contractors, Inc. to Discharge Domestic Sewage Effluent into Goose Creek Stream P. S. Contractors, Inc. of Highlands, Texas, has applied for a state permit to discharge treated sewage effluent into Goose Creek Stream. This sewage will come from a development located three - quarters of a mile northwest of the intersection of Wallisville Road and Wade Road. Mr. Lanham explained that the reason for bringing this to Council is that in the future Council will be faced with such requests because as these areas develop, they will want to pipe the effluent into either Cedar Bayou or the San Jacinto River. Mr. Lanham commented that this proposed subdivision is located approximately fifteen miles from Baytown. Councilman Kloesel moved to oppose the request made by P. S. Contractore, Inc. to discharge domestic sewage effluent into Goose Creek Stream; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None 80323 -18 Minutes of the Regular Meeting - March 23, 1978 Consider Appointment of an Auditor for the 1977 -78 Fiscal Year Mr. Lanham explained that two audits are made a year, one audit is a six -month audit which is made at the end of March, and the main audit which is made at the end of the fiscal year. Mayor Gentry commented that Council can either appoint an auditor at this meeting or reactivate the Committee that acted on this during the last fiscal year and ask them to meet and prepare a recommendation. ?Jr. Lanham asked that if the Committee prepares a recommendation that this recom- mendation be made at the Council meeting to be held on April 13, 1978. Councilman Lander moved that the Committee be reactivated to appoint an auditor for the 1977 -78 fiscal year; Councilman Kloesel Seconded the motion. Mayor Gentry asked that Council members Kimmons, Cannon, and Ilutto meet to appoint an auditor and that Councilman Hutto be the coordinator. Committee Reports None. Unfinished Business None. Adjourn With no further business to be transacted, Councilman Hutto moved for adjournment; Councilman Lander seconded the motion. The vote was unanimous. Pani I � Karen Petru, Deputy City Clerk Approved: Eileen P. Hall, City Clerk 0