1978 05 11 CC Minutes80511 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 11, 1978
The City Council of the City of Baytown, Texas met in
regular session Thursday, May 11, 1978, at 6:30 p.m. in the
Council Chamber of the Baytown City Hall. The following
members were in attendance:
Jody Lander
Jimmy Johnson
Ted Kloesel
*Mary E. Wilbanks
Eileen Caffey
Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Dan Savage
Scott Bounds
Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilwoman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Mayor Hutto called the meeting to order and the invocation
was offered by Councilman Allen Cannon.
Approve Minutes
Councilman Lander moved to approve the minutes of the
special meetings of April 24, 1978 and May 1, 1978, and the
regular meeting of April 27, 1978, and ratification of
actions taken concerning each of the matters listed on the
agenda of said meetings; Councilman Kloesel seconded the
motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Wilbanks, Caffey, and Cannon
Mayor Hutto
Nays: None
Receive Petitions
A petition had been received by the Administration from
Country Club Oaks Civic Association concerning the traffic
problems in the Country Club area. The following remedies
were suggested:
1. Placement and enforcement of a 30 MPH speed limit
on Baker Road between Bush Road and Decker Drive,
utilizing the Selective Traffic Enforcement Program.
2. Continued City support and interest in a traffic
signal installation at Fairway and Decker Drive.
3. Placement and enforcement of No Thru Truck signs
on Fairway at Goose Creek and Fairway at Decker.
The Country Club Oaks Civic Association also requested
that the Administration contact them prior to presentation
of the above to Council so that they may be represented
should any questions arise. The Administration explained
that this group had not been contacted, and inquired if
Council would like this item to be placed on the agenda for
the next Council meeting for consideration or if Council
would like to refer the item to Council's Traffic Committee
for a recommendation to Council. Afterwhich, the petitioners
could be notified that the item would be considered by
Council.
Councilman Kloesel commented that he felt that the
items pertaining to speed limits should be referred to the
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Minutes of the Regular Meeting
May 11, 1978
Council's Traffic Committee and that interested citizens
could appear before Council after a recommendation is made
by the Traffic Committee.
Councilman Kloesel moved that the petition be accepted;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks
Caffey and Cannon
Mayor Hutto
Nays: None
Mrs. Marie Vinson presented a petition with 62 signatures
that are to be added to the petition that was submitted at a
prior Council meeting requesting that the buoys not be
installed in Scott, Crystal, and Burnett Bays by the City of
Baytown to prevent shrimping.
Councilman Kloesel moved that the additional names be
accepted and added to the petition that was presented at a
prior Council meeting; Councilman Cannon seconded the motion.
The vote follows:
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
City Manager's Report
Metropolitan Transit Authority - The Metropolitan
Transit Authority has scheduled a Community meeting to be
held on Wednesday, May 24, 1978, at 7:30 p.m. in the Baytown
City Hall Council Chamber. Mr. Bill Black, a representative
for the smaller cities in Harris County on this board, will
convene the meeting and state the purpose for which the
Authority was formed and discuss the state law which created
the Interim Transit Board. The Authority wanted the City of
Baytown and City Officials to encourage the citizens of
Baytown to come to this meeting and make suggestions for
long -range transit improvements in Harris County. Mr.
Lanham explained that it was his understanding that the
Transit Authority is not asking that a presentation be made
but this will be a meeting explaining the laws and regulations
under which they are operating.
Councilwoman Wilbanks commented that in thinking about
possible participation in the program, the City of Baytown
should realize that the Transit Authority would have the
power to contract with the City of Baytown for participation
in the program on a temporary basis which is encouraging to
smaller cities.
Preliminary Study and Report for Proposed East District
Trunk and Interceptor Sewer - A copy of the Preliminary
Study and Report for Proposed East District Trunk and Interceptor
Sewer has been placed at the Council's table. Mr. Lanham
explained that a work session needs to be scheduled in order
that the consultants can go over the proposed project with
Council members. Mr. Lanham suggested that the work session
be held on May 25, 1978, at 5:30 p.m. in the Conference Room.
Council had no objections to holding a work session at this
time.
Public Works Week - The week of May 24 through May 26
has been declared as Public Works Week nationally and Mayor
Hutto has indicated that he will proclaim this week as
Public Works Week in the City of Baytown. The Administration
80511 -3
Minutes of the Regular Meeting
May 11, 1978
plans an exhibit of some of the equipment used by the Public
Works Department, along with a demonstration of how the
equipment is used. This exhibit will begin at 3:30 or 4 :00
p.m. on May 25, 1978, the day of the next Council meeting.
This way Council may come by early to participate.
*Councilwoman Wilbanks no longer present.
Improvements to the City of Baytown's Municipal Retirement
System - Approximately two months ago, the Administration
mentioned the possiblility of some improvements to the City
of Baytown's Municipal Retirement System, the largest consideration
being the merger of the Municipal System and the Supplemental
System. At that time, Council requested that the Municipal
Retirement System office in Austin be contacted regarding
the possibility of a representative from that office meeting
with Council to answer questions and explain the merger.
The Administration suggested that this meeting be arranged
for June 8 at 5:30 p.m. which is a Council meeting day. If
this does not provide enough time, this work session can
be recessed and reconvened after the regular Council meeting.
Council had no objections. Council did express the desire
to receive information concerning the possible merger a week
in advance of the meeting.
Baytown Sports Complex, Phase II - This project is very
near completion. Some items that remain to be completed
include fencing, asphalt work, and general cleanup.
Country Club Water Line Replacement - This project is
approximately 34% complete. All of the 8 -inch loop around
the area is in place. A portion of the 6 -inch pipe is in
place. Work on Inverness has been completed, and about 75%
of the 6 -inch line on Ashwood has been completed.
Kilgore Road /Mockingbird Lane Storm Sewer - The work is
underway, but work on Mockingbird Lane is slow due to traffic.
About 300 feet of 54 -inch pipe has been installed on this
project.
Sliplining - Approximately 2200 feet of 5 -inch liner
has been installed in the Largo, Patsy, Knowlton area. Six
hundred feet of 6 -inch liner between Elmwood and Idlewood,
has been installed and about 75 service connections have
been made since the last report.
Roseland Ditch Storm Sewer - At the time that the
Kilgore Road / Mockingbird Lane Storm Sewer Project was
approved by Council, the Administration had mentioned that
the Roseland Ditch Storm Sewer would be installed by city
forces since this is a relatively small project. City crews
are clearing the ditch at present, and the Administration
feels that the best time to install the pipe is while there
are crews working in the area. Therefore, the Administration
would like to advertise for bids for the piping. The estimated
cost of the piping is $12,000. The ditch is located between
Roseland and Edgewood in Roseland Oaks Subdivision. This
project was part of the bond program, but since there were
overruns on other projects, the Administration had requested
that city crews be utilized on this project. Council had no
objections to advertising for bids for piping.
A copy of the program for the upcoming Mayors, Council
members, and Commissioners Institute to be held in Galveston
on June 3 -6 had been placed at the Council table in order
that any Council member desiring to attend could notify the
City Manager for arrangement of reservations and registration.
80511 -4
Minutes of the Regular Meeting
May 11, 1978
Also, a notice of the meeting of the Harris County
Mayors and Councilmens Association had been placed at the
Council table, and the Council will be contacted in that
regard next week.
Questions and Comments Regarding the City Manager's Report
The City Engineer, Norman Dykes, stated in response to
a question from Councilman Kloesel that the replacement of
the lines on Kentucky is almost complete.
Allen Cannon requested that, unless the contractor is
still working in the vicinity of Durrain -Ferry Road, this
road be permanently closed.
Also, Councilman Cannon mentioned that in the Traffic
Committee meeting, the culvert on Decker Drive had been
discussed, and that today it looked as though the culvert
had been struck again. He requested that if the contractor
had not been contacted, that the Administration contact the
contractor in this regard.
Councilman Kloesel requested that the county be contacted
regarding the installation of barriers to avoid the possibility
of a vehicle travelling off into the county ditch just past
Texas Avenue on Tri -City Beach Road. Mr. Lanham said that
he would contact the county.
Councilman Cannon stated that the new Market Street
bridge.on Goose Creek Stream was very nice; however, he felt
that there should be reflectors on the bridge to avoid the
possibility of a vehicle travelling off into the creek.
Consider Acceptance of Marina Feasibility Study
Mayor Hutto commented that this study had just been
reviewed in work session by the Council, and if the Council
desired he would entertain a motion to accept the report and
refer same to the Parks and Recreation Department.
Councilman Kloesel moved that the Marina Feasibility
Study be accepted and referred to the Parks and Recreation
Department for further recommendation; Councilwoman Caffey
seconded the motion.
Mayor Hutto commented that he was very impressed by the
study, and that he hoped that the Parks Department would
work toward a recommendation with all dispatch. The vote
follows:
Ayes: Council members Lander, Johnson, Kloesel, Caffey
and Cannon
Mayor Hutto
Nays: None
Ordinance - Appointing the Board of Equalization for 1978,
and Setting the Date and Time for the First Meeting
of That Board
A blank ordinance was prepared for Council consideration
of persons to name to the Board of Equalization, along with
setting the time for the first meeting which must be held on
June 1 according to the Charter of the City of Baytown.
Councilman Kloesel moved that the ordinance be adopted and
that the members of the Board of Equalization for 1978 be
composed of Lamar Kelley, Alvin Miles, and Dot Vidrine, and
that the Board hold its first meeting on June 1 at 5:00 p.m.
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Caffey and Cannon
Mayor Hutto
Nays: None
80511 -5
Minutes of the Regular Meeting
May 11, 1978
ORDINANCE NO. 2468
AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION TO SERVE FOR
THE YEAR 1978, FIXING THE TIME OF THE FIRST MEETING OF SAID
BOARD, AND AUTHORIZING SAID BOARD TO EXERCISE THE POWER AND
FULFILL THE DUTIES CONFERRED UPON IT BY THE CHARTER OF THE
CITY OF BAYTOWN.
Ordinance - Change Order No. 4 to Sliplining Contract
No. 77 -2
A sewer line has collapsed between Harold Lane and
Pamela east of Garth Road, approximately 390 feet of 6 -inch
pipe. To make this repair, 16 service connections would be
required and three extra excavations for a total cost of
$7,026.70. This contract is now for the amount of $201,130.00.
The Administration recommended approval of the ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Lander seconded the motion.
Councilman Kloesel expressed the desire to develop some
sort of system so that lines can be repaired before collapsing
and becoming an emergency situation. Mr. Lanham said that
another list of areas that need to be sliplined is being
prepared at the present time. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Caffey and Cannon
Mayor Hutto
Nays: None
Councilman Kloesel requested that the Public Works
Director look into this problem and either have a special
meeting of Council to report his findings or that his
findings be covered in the City Manager's Report.
ORDINANCE NO. 2469
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING CHANGE ORDER NO. 4 TO THE CONTRACT WITH CHANNEL
CONSTRUCTION COMPANY, INC. FOR THE SLIPLINING OF SANITARY
SEWER LINES IN THE CITY OF BAYTOWN.
Ordinance - Awarding the Bid for Painting of the West
Main Wastewater Treatment Plant
Three bids were received for the painting of the West
Main Wastewater Treatment Plant. The bid tabulation follows:
N. PHILLIPS BAYTEX MCCUNE
PAINT CO. SANDBLASTING PAINT
Painting of the West Main
Wastewater Treatment Plant -
$9830.00 $26,000.00 $11,470.00
The low bid was submitted by N. Phillips Paint Contractor
in the amount of $9830.00. Funds were included in the
budget for this work. The Administration recommended approval
of the ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Caffey and Cannon.
Mayor Hutto
Nays: None
80511 -6
Minutes of the Regular Meeting
May 11, 1978
ORDINANCE NO. 2470
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
ACCEPTING THE BID OF N. PHILLIPS PAINT CONTRACTOR FOR THE
PAINTING OF THE WEST MAIN SEWAGE TREATMENT PLANT; AUTHORIZING
EXECUTION OF A CONTRACT FOR NINE THOUSAND EIGHT HUNDRED
THIRTY AND N01100 ($9,830.00) DOLLARS; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT.
Ordinance - Changing the Name of St. Andrew Street to
St. Andrews Street
At the last regular Council meeting,
presented a petition requesting this name
it was the intent of the developer at the
filed that the name be St. Andrews, but w
filed the name was listed as St. Andrew.
recommended approval of the ordinance.
the Council was
change. Probably
time the plat was
hen the plat was
The Administration
Councilwoman Caffey moved for adoption of the ordinance;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2471
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BAYTOWN
CHANGING THE NAME OF ST. ANDREW STREET TO ST. ANDREWS STREET.
Resolution No. 622 - Authorizing the Transfer of Funds
from the General Fund Contingency to Cover Cost of
Buoys
This transfer will cover the cost of buoys that were
purchased on two occasions - -the initial purchase and the
purchase authorized after the initial set of buoys were
removed. The total purchase amount is $9,184.00. The
Administration recommended approval of the resolution.
Councilman Lander moved for the adoption of the resolution;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Caffey and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 622
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING THE CITY MANAGER TO TRANSFER NINE THOUSAND ONE
HUNDRED EIGHTY -FOUR AND NO 1100 ($9,184.00) DOLLARS FROM
GENERAL FUND ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO
ACCOUNT NO. 0501 -10 -0100, PARKS AND RECREATION, MAJOR TOOLS.
Resolution No. 623 - Supporting Continued Operation of
the Galveston Office of the National Weather Service
The Administration has heard reports that there is a
possibility that the Galveston office of the National Weather
Service will be closed and that the Alvin office will serve
this area. The Administration felt that the Galveston
office provides particular assistance to Baytown and the
surrounding area in the form of tide watches and weather
alerts. Therefore, the recommendation was made that Resolution
No. 623 be adopted supporting the continued operation of the
Galveston office of the National Weather Service.
7
80511 -7
Minutes of the Regular Meeting
May 11, 1978
Councilman Lander stated that it would seem to be more
reasonable to close the Alvin office and keep the Galveston
office open, than to take steps in the other direction;
Council concurred.
Councilman Kloesel moved for adoption of the resolution;
Councilman Lander seconded the motion.
Fletcher Hickerson, Director of Civil Defense for the
City of Baytown, stated that the resolution not only expresses
support of the continued operation of the Galveston office
of the National Weather Service, but also expresses the fact
that this service is needed in this area. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Caffey and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 623
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
SUPPORTING THE CONTINUED OPERATION OF THE GALVESTON OFFICE
OF THE NATIONAL WEATHER SERVICE.
Resolution No. 624 - Authorizing Amendment to 1973 Continuing
Phase Agreement for Long Range Transportation Planning
with the Houston - Galveston Regional Transportation Study
The City of Baytown and several other cities in this
area have a contract with the Houston - Galveston Regional
Transportation Study office under which these cities provide
information to the Regional Transportation office and participate
in the planning process. Because of a change in the Federal
law, the Houston - Galveston Area Council must now be a part
of this agreement. This addition to that contract will
perfect that contract; this is the only change in the agreement.
The Administration recommended approval of the resolution.
Councilman Lander moved for the adoption of the resolution;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Caffey and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 624
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING AN AMENDMENT TO THE 1973 CONTINUING PHASE AGREEMENT
FOR LONG RANGE TRANSPORTATION PLANNING.
Request of Richardson Development Company to Install
Signs on City Property for Allenbrook, Section III
Mr. F. A. Richardson has requested permission to install
entrance signs for Allenbrook, Section III on city easement.
In the past, when this type request has been made, Council
has granted permission with the understanding that the Civic
Association will maintain the signs and be completely responsible
for them. The Administration felt that some type of arrangement
should be made for the maintenance of the signs in the event
Council granted this request. There is no civic association
in this subdivision at the present time; therefore, this
agreement could only be made with Mr. Richardson, the developer.
Councilman Cannon stated that he had no problem with
granting this request with the stipulation that a firm
agreement as to maintenance and responsibility for damages
be arranged with the developer.
80511 -8
Minutes of the Regular Meeting
May 11, 1978
Mr. F. A. Richardson was recognized. He stated that he
would like to install entrance signs in the 16 -foot easement
next to the subdivision which would dignify the subdivision.
He stated that he would care for the signs, that he would
keep the grass mowed around the signs, and if the City ever
needed the easement space, he will allow the City to remove
the structure.
Councilman Kloesel moved that Mr. Richardson's request
be granted with the stipulation that he will maintain the
signs and that he will agree to move the structure if necessary
for city maintenance. Councilman Johnson seconded the
motion; the vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Caffey and Cannon
Mayor Hutto
Nays: None
Councilman Kloesel stated that while on the subject of
signs, some consideration needed to be given to posting
signs of the routing in Baytown when coming in on Loop 201,
Loop 301, or Highway 146. He asked that this matter be
referred to the Council's Traffic Committee.
Plans and Specifications and Authorization to Advertise
for Bids for the Police Garage
Norman Dykes, Director of Public Works and City Engineer,
presented the plans and specifications to Council. He
explained that bids would be taken for a standard 40 x 75
foot metal building on a 6 -inch concrete slab. He pointed
out that the only consideration in this contract will be the
slab and metal building; the plumbing and electrical work
will be bid separately. City forces will level the site
area for the contractor. The cost estimate is $35,000.00.
Councilman Klosel moved for the approval of plans and
specifications and that the Administration be authorized to
advertise for bids. Councilman Johnson seconded the motion.
The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Caffey and Cannon
Mayor Hutto
Nays: None
Revenue Sharing Funds in the amount of $65,000.00 have
been allocated toward construction of this facility.
Removal of Planter Boxes on Texas Avenue
Councilman Kloesel had requested that this item be
placed on the agenda. A petition had been presented to
Council from downtown merchants earlier in the meeting
requesting that the planter boxes remain on Texas Avenue.
Councilman Kloesel stated that he was concerned about traffic
conditions on Texas Avenue and felt that the planter boxes
did present a hazard especially with parallel parking. He
stated that the parking problems on Texas Avenue needed to
be addressed by Council and this was an area that would not
be resolved by the removal of the planter boxes. He asked
that this item be referred to the Traffic Committee, and
along with this, if the Traffic Committee would not deem it
necessary to remove the planter boxes, then he would like to
have the Committee make recommendations regarding parking
along Texas Avenue. He suggested that the City might need
to purchase land for parking.
80511 -9
Minutes of the Regular Meeting
May 11, 1978
Councilman Lander stated that he had a problem with the
idea that the City should purchase land for parking because
he felt that this would be the responsibility of the merchants,
and an unfair competitive advantage would be afforded merchants
on Texas Avenue. Councilman Kloesel stated that he felt
that it was not unusual for cities to provide parking space
in congested areas. Mayor Hutto suggested that if employees
were to park off - street, this would eliminate part of the
problem. He also pointed out that there were several organizations
that contributed money toward the purchase of the planter
boxes, therefore, he would be hesitant to have them removed.
Councilman Kloesel stated that he also would be hesitant to
have the planter boxes removed, but he did feel that the
planter boxes have presented a problem in the flow of traffic
and some drainage problems, along with the problem of persons
congregating on Texas Avenue on weekends.
Councilwoman Caffey stated that she felt the planter
boxes have added much to the appearance of Texas Avenue and
if the plants needed to be trimmed then this could be arranged.
She felt that the real problem existed with the old dilapidated
buildings. If some of these old buildings were removed,
this would provide space for parking. Councilwoman Caffey
asked that the City Attorney check into the ordinances to
determine if there would be means of requiring the owners
of these old buildings to refurbish them or have them demolished;
Council concurred.
Mr. Lanham pointed out that there was another avenue
that the Administration could explore, that being a state law
which provides that cities have the authority to establish
special districts in a downtown area where off - street parking
is constructed and the property owners are assessed.
Councilman Kloesel pointed out that it would be virtually
impossible to move an emergency vehicle down Texas Avenue on
weekends, and that he felt the planter boxes contributed to
this problem. Also, he mentioned that Texas Avenue is a
main thoroughfare across the city and traffic should move
very smoothly on this street. Mayor Hutto pointed out that
there are one -way streets designated for this purpose running
parallel to Texas Avenue.
Councilman Cannon stated that he was in agreement with
what Councilwoman Caffey had said regarding the old buildings.
He also agreed that this could be a marketing problem and
stated that he was not in favor of expending further funds
toward Texas Avenue. With regard to referring the matter to
the Council's Traffic Committee, Councilman Cannon felt that
possibly one or two of the planters might be a hazard, and
this could be checked. However, he did not feel that the
planters in general needed to be discussed by the Committee.
Councilman Kloesel stated that what he had intended was
for the Traffic Committee to consider the general area with
relationship to obstruction of flow of traffic and parking.
He felt that some portion of the street had been taken up on
which traffic should be moving.
Councilman Lander stated that he had spoken with some
of the merchants who stated that there was a parking problem,
but the parking problem had always existed and that the
vertical parking was safer than the parallel parking. The
reason for this is that no doors are being opened into the
traffic flow, and when there is an accident, only a bumper
or fender is damaged. Councilman Lander went on to say that
the ideal solution would be to eliminate street parking
completely, which is what most cities do on their main streets.
Request of Robert Juarez for Water and Sewer Service
Outside the City Limits
Mr. Juarez had requested water and sewer service to
80511 -10
Minutes of the Regular Meeting
May 11, 1978
5102 Bush Road which is east of Quail Hollow Subdivision.
The Administration recommended approval of this request
consistent with the past policy which is that the consumer
will pay the costs of the extension and pay water and sewer
charges based on twice the minimum, plus one and one -half
times the amount used over the minimum. Also, the $100.00
charge for sewer service must be paid.
Councilman Kloesel moved that the request of Robert
Juarez for water and sewer service to 5102 Bush Road be
authorized and that the costs be assessed consistent with
past policy. Councilman Lander seconded the motion; the
vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Caffey and Cannon
Mayor Hutto
Nays: None
Committee Reports
Councilman Lander reported concerning his trip to
Austin to appear before the Texas Water Commission to oppose
the request of PS Contractors to discharge sewage effluent
into Goose Creek. In late March this matter was brought to
the attention of Council, and the Council instructed the
Administration to write a letter in opposition. This was
done, but unfortunately the letter arrived after the hearing
was held so that when the hearing was held, there was no
evidence that the City of Baytown was opposed to this permit
being issued. When Councilman Lander appeared on Monday,
the Commission was surprised and unhappy because normally
the Commission does not hold hearings. After Councilman
Lander stated his reason for being there, the Commission
agreed to hear him after all other agenda items were discussed.
The Commission would not allow Councilman Lander to present
the City of Baytown's case in a 2 -3 vote and sustained the
original hearing to grant the permit to PS Contractors.
Councilman Lander felt that the City should make a personal
appearance in the future when wishing to object to the
issuance of any type of permit where there is a hearing
procedure.
Councilman Lander did state, however, that he was not
certain that in this particular case if a personal appearance
would have benefited the City in that PS Contractors is
making application for a permit to discharge 37,000 gallons
per day. At present, there is something over 200,000 gallons
per day of heavily overloaded sewage plant effluent being
discharged into Goose Creek Stream from the McNair Station
area. The Commission seemed to feel that all this effluent
would do would be to improve the quality of Goose Creek over
what it is now.
Councilman Lander commended the Public Works Department
for the excellent case which had been prepared for him to
present.
Mayor Hutto asked if Councilman Lander felt that the
Council should attempt to go further. The City Attorney was
consulted, and he said that he was uncertain whether there
was a rehearing procedure. Councilman Lander felt that
rehearing on this permit would be in vain because of the
McNair situation.
Mayor Hutto stated that from Councilman Lander's report,
he felt that the City Council would accomplish very little
except perhaps delay the applicant for a brief period of
time.
The City Attorney will research the question and report
to Council at the next meeting as to the alternatives.
80511 -11
Minutes of the Regular Meeting
May 11, 1978
Unfinished Business
None.
Recess and Reconvene
Mayor Hutto recessed the open meeting into executive
session to discuss personnel matters. When the open meeting
reconvened, Councilman Cannon moved that the following
persons be appointed to the Baytown Planning Commission:
Hank Tarski - Citizen at Large
Jackie Dunn - Businesswoman
Leon Cox, Jr. - Engineering
Perry Walker - Citizen at Large
Councilman Johnson seconded the motion; the vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Caffey, and Cannon
Mayor Hutto
Nays: None
Councilwoman Caffey moved to appoint Councilman Johnson
to fill the position vacated by E. C. "Jack" Kimmons on the
Council Traffic Committee. Councilman Lander seconded the
motion; the vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Cannon and Caffey
Mayor Hutto
Nays: None
There being no further business to be transacted, the
motion was made to adjourn by Councilman Kloesel and seconded
by Councilman Lander. The vote was unanimous to adjourn.
Eileen P. Hall, City Clerk