1979 06 28 CC Minutes90628 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
June 28, 1979
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, June 28, 1979, at 6:30 p.m. in
the Council Chamber of the Baytown City Hall. The following
members were in attendance:
Fred T. Philips
Jimmy Johnson
Ted Kloesel
Eileen Caffey
Emmett 0. Hutto
Fritz Lanham
Dan Savage
Scott Bounds
Eileen P. Hall
Absent: Mary E. Wilbanks
Allen Cannon
Councilman
Councilman
Councilman
Councilwoman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Councilwoman
Councilman
Mayor Hutto called the meeting to order and the invo-
cation was offered by Councilman Jimmy Johnson.
Minutes
Councilman Kloesel moved for approval of the minutes of
the regular meeting of June 14, 1979; Councilwoman Caffey
seconded the motion. The vote follows:
Ayes: Council members
and Caffey
Mayor Hutto
Nays: None
Receive Petitions
None.
City Manager's Report
Philips, Johnson, Kloesel
Budget Sessions - Budget sessions between the City
Manager and department heads are underway. These budget
sessions will be completed in time for the Administration to
prepare its budget recommendation and present it to City
Council by August 1 as required by the City Charter.
Revenue Sharing - The federal regulations regarding
revenue sharing requires that the City Administrator have a
public hearing regarding revenue sharing before presenting
recommendations to the City Council, afterwhich City Council
holds a hearing. The hearing that is required to be held by
the City Manager will be held in the middle of July. The
date of the hearing will be advertised so that all inter-
ested persons may participate.
Park Street Improvements - A copy of the preliminary
engineering report on the Park Street Improvements was
placed at the Council table. An item in this regard will be
placed on the next regular agenda. If Council approves the
engineering report, Council can authorize Busch, Hutchison
and Associates to proceed with plans for the project.
In response to a question from Council, Mr. Lanham
explained that the engineers have given consideration to the
90628 -2
Minutes of the Regular Meeting - June 28, 1979
drainage needs in that area and additional storm sewers are
being proposed, but the June 3 rains were not specifically
addressed. Councilman Philips requested that the report be
amended to include the impact of the June 3 rains.
Decker Drive Water Well - The City has been experi-
encing problems with the Decker Drive Water Well- -the City's
largest water well. Layne Western is in process of over-
hauling the pump. The pump is in reasonably good repair and
did not cause the motor failure. Worn items on the pump
will be replaced; the well shaft will be sanded out and the
oil cleaned; and an attempt will be made to settle the
existing gravel to the bottom of the screen section. All of
this work should be accomplished to have the well back in
service in approximately 10 days.
Councilman Kloesel suggested to the Public Works
Department that all large motors be checked for the correct
overload size.
1979 Street Improvement Program - All of the streets
with the exception of New Mexico and Bob Smith Road have
been surfaced.
Houston Lighting and Power Company - The Administration
was notified today that Houston Lighting and Power will file
a request for rate increase on Monday.
July 4th Celebration - Many activites have been scheduled
for the July 4 celebration at the Bicentennial Park.
Questions and Comments Regarding the City Manager's Report
Councilman Johnson commented that Norman Dykes, City
Engineer and Director of Public Works, had given an excel-
lent report on the flood situation. Councilman Johnson
stated that on Monday, June 25, the east side of Baytown
experienced another heavy rainfall which resulted in water
collecting at Kilgore Road and the County Flood Control
Ditch.
Mr. Lanham responded that the Administration had con-
tacted Gordon Smith, Chief Engineer with Harris County Flood
Control, who agreed to have the problem corrected as soon as
practical.
Councilman Johnson also commented that when the City
cut down Ward Road, it left about three houses on the east
end of Ward Road in a saucer type situation. A person can
stand in front of one of the houses, looking east, and see
an incline in Ward Road where the water actually has to run
uphill to get into the outfall ditch. Homes located on the
east end of Ward Road collected water on June 3. Councilman
Johnson pointed out that Fire Station No. 4 was flooded on
June 25, after a short rain, and there are problems around
the Little League Park, and Narcille on to Kilgore Road.
Mayor Hutto recognized Mr. Bishop, a resident on the
east end of Ward Road, who had appeared in 1973 when his
home was flooded. At that time, a culvert was added to his
property and it did alleviate some of the problems. How-
ever, Mr. Bishop felt that if a level ditch could be added
where the water could flow straight to the bayou, this would
help greatly.
Councilman Kloesel felt that the City has enough
statistical information on hand to tell where the flooding
is occuring, and he requested that the preliminary report on
Ward Road drainage include the east end of Ward Road.
Councilman Kloesel requested that Traffic Committee
consider the increase in truck traffic on Missouri Street
from Highway 146 to Spur 201. Mr. Lanham pointed out that
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Minutes of the Regular Meeting - June 28, 1979
trucks traveling from the tunnel would have no other alter-
native than to turn off here.
Councilman Kloesel requested that three ordinances be
adopted: 1) First, an ordinance setting out a policy on
conflict of financial interest related to those serving on
boards, committees and commissions, related to bidding on
City projects. 2) Secondly, an ordinance amending the
travel policy to include that all items be itemized over
$10.00, to include approval for travel outside the immediate
Baytown area by Council, the Mayor and City Manager, leaving
with the City Manager the control of travel by City staff.
3) Thirdly, an ordinance setting forth the policy that no
member of the City Council, Mayor, City Manager, staff
member or members of committees, boards or commissions of
the City shall lobby or endorse specific positions on
pending legislation. He commented that he would also like
to include no use of City funds for travel and expenses to
accomplish lobbying unless it is approved by the City
Council.
Council requested that the Administration request that
the railroad companies repair crossings on Baker Road,
Market Street near Baytown Junior High and Massey Tompkins
at Chaparral Drive.
Item No. 24 on the agenda was moved forward.
Consider Proposed Ordinance No. 90628 -7 - Calling an Election
to Consider Propositions for Funding a Municipal Airport
and the U. S. Army Corps of Engineers Baytown, Texas Project
Since additional information is required on this matter
which will be available Tuesday, July 3, a special meeting
was scheduled for 5:00 p.m. on July 3, 1979 to consider the
ordinance.
Consider Plans and Specifications for Larger Pump Station
to Alleviate Sanitary Sewer Problems Near Intersection
of Loop 201 and Durrain Road
The Administration was not ready to act on this item.
Announcements
Mayor Hutto commented that for the proposed election
for funding of the municipal airport and the Corps of
Engineers, Baytown, Texas Project, he would like to announce
the membership of the Steering Committee, which the Council
authorized the Mayor to appoint at the last meeting.
The Chairperson of the Steering Committee is Mary
Brown. The committee members are as follows: Wayne Gray,
Mary Pat Connor, Jack Kimmons, James Lewis, Jean Shepherd,
Joe Barsalou, Jim Cauley and Connie Magouirk.
Mayor Hutto appointed Anne Murphy, City Transportation
Planner, as an alternate representative for the City of
Baytown on the Houston - Harris County Areawide Agency on
Aging. Air. Dan Savage is now serving as the City's repre-
sentative on that committee.
Mayor Hutto commented that he had received a letter
from Mr. Ron Haddox, which advised that he is resigning as a
member of the Baytown Housing Authority. Mayor Hutto
appointed Mr. David C. Gunn, a local attorney, to replace
Mr. Haddox.
90628 -4
Minutes of the Regular Meeting - June 28, 1979
Public Hearing on Request to Increase Rates for Taxicab
Service in the City of Baytown
At 7:00 p.m., Mayor Hutto opened the public hearing on
request to increase rates for taxicab service in the City of
Baytown. Mayor Hutto asked that all persons desiring to
speak at the public hearing sign the register in the lobby.
Gordon Hart, owner of Safeway Cab Company and Red Top Cab
Company, was sworn.
Mr. Hart requested that Council consider an increase in
rates from $.95 to $1.15 for pick -up and from $.10 for each
1/5 mile to $.20 for each 1/8 mile. Mr. Hart explained that
he has been subsidizing the cab companies which is no longer
feasible.
Dan Savage, Assistant City Manager, explained that the
last rate increase granted to the taxicab companies was in
June of 1976. At that time, the pick -up fare was raised
from 65¢ to 95¢. For every ride, the cab companies received
an additional 30¢ at that time. The meter charge of 100 per
one -fifth mile has been in effect since February 15, 1972.
Mr. Savage quoted rates in surrounding areas for comparative
purposes.
Mr. Savage explained that the average ride under the
City's Senior Citizen Taxi Program is 2 miles; the cost for
this ride under the present fee structure is $1.95 which
rates have been in effect since the inception of the taxicab
program. The cost under the proposed rates would be $2.75
which represents a 41% increase.
Mr. Hart explained that another big problem is the high
cost of insurance for ten cabs. At this time, Mr. Hart
pointed out that the request includes $12.00 per hour
waiting time.
In response to a question from Council, Mr. Savage
explained that over the last three months, an average of
1,000 rides per month were provided to senior citizens and
the cost of those rides was approximately $2.00 per ride.
The City's payment to Mr. Hart is approximately $2,000 per
month. Grant monies pay for 60% of the cost and City funds
pay for 40%.
Councilman Johnson stated that he has no problem with
the increase requested except for the senior citizens' rate;
he inquired if senior citizens could be exempted from the
proposed rates. Hart explained that this would not be
possible since working with senior citizens required a great
deal more time and effort.
In response to a question from Council, Mr. Savage
explained that based on what the City's grant provides
Baytown for the remainder of the calendar year, there would
probably be a shortfall of approximately $2,000. However,
when the City made the third -year application for funding,
the City Council was advised that this would probably be the
last year that Baytown would receive federal funding. Air.
Savage explained that the proposed rates times 1,000 rides
per month would cost approximately $33,000 yearly.
In response to a question regarding possible use of
revenue sharing funds, revenue sharing funds may be used for
this purpose.
Councilman Philips commented that he has a real problem
with this request, looking at this from a customer's point
of view and inflation control point of view, in approving
anything that has a 41% increase. He felt that this is not
healthy for the economy, not to mention the consumer who
will certainly be affected by this 41% increase. Councilman
90628 -5
Minutes of the Regular Meeting - June 28, 1979
Philips favored looking at an increase of 20% which would
allow an 800 per mile rate and 800 pick -up. There being no
further testimony, the Mayor declared the public hearing
closed.
Public Hearing on Request to Increase Rates for Wrecker
Service in the City of Baytown (7:15 p.m.)
Mayor Hutto opened the public hearing on request to
increase rates for wrecker service in the City of Baytown.
Manuel R. Pease and Denzil Shirley were sworn by Mayor
Hutto.
Manuel R. Pease, wrecker owner /operator, presented the
request for increased wrecker service rates to Council as
follows:
Normal Tow
Dolly Rate
Winching /Loading
Multiple Winching
(Use of two trucks)
Disconnect /Connect
Driveshaft
Present Rate
$27.50
40.00
10.00
tet
Proposed Rate
$35.00
52.50
15.00
35.00
15.00
Council had been presented with the above schedule, as
well as a second option which provided for increase of
normal tows from $27.50 to $35.00, eliminating all extra
charges except the airplane haul (dolly pull); for this
service an additional $12.50 would be allowed.
Mr. Pease commented that the wrecker owners could not
operate without the extra charges.
Councilman Johnson stated that he would favor adoption
of an ordinance to set one charge for wrecker service. Mr.
Pease explained that one charge for wrecker service would
have to be expensive to cover the extras, causing a large
majority of citizens to subsidize extra wrecker service.
Councilman Philips stated that the package represents a
27% increase over the current rates which he felt to be
reasonable recognizing inflation. He also liked the aspect
of Option No. 1, everyone paying for the service provided.
Councilman Kloesel stated that he favored a flat rate
for wrecker service. With respect to wording of the ordi-
nance which makes reference to a ditch pull, he felt that
winch pull would save considerable misunderstanding.
Since there was no further testimony to be given, Mayor
Hutto declared the public hearing closed.
Mr. Frank Butcher, President of the Lynchburg Civic
Association Will Appear
Mayor Hutto recognized Mr. Frank Butcher, President of
the Lynchburg Civic Association, who requested to appear
before Council. Mr. Butcher explained that Lynchburg is an
area that is bounded by Interstate 10, Decker Drive, San
Jacinto River, Burnett Bay, and Springer Creek (Slap -Out
Gully). Lynchburg is a very small community which consists
of approximately 200 households with approximately 700 -800
people. Lynchburg is an unincorporated area with no muni-
cipal water or sewer services because water wells and septic
tanks are utilized. Mr. Butcher commented that the citizens
of Lynchburg find themselves faced with various problems
which they feel could be resolved through incorporation.
•1• : i
Minutes of the Regular Meeting - June 28, 1979
Mr. Butcher pointed out that there would be no advan-
tage to Baytown to annex Lynchburg because the City would
then be faced with furnishing sewer and water services to
that area. Also, Lynchburg has low lying areas much like
Brownwood which would be burdensome.
Mr. Butcher stated that the Lynchburg Civic Association
had unanimously voted at its last meeting to request that
the City of Baytown release Lynchburg from second reading in
order that an election could be held to incorporate. Mr.
Lanham explained that the law had been changed so that the
City of Baytown no longer held Lynchburg under second
reading.
Scott Bounds, City Attorney, explained that no city may
be incorporated within the area of extra - territorial juris-
diction of another city without the consent of that city.
Usually this consent is granted by a written agreement
between the city and the residents of the area that is
proposing to be incorporated. By contract, the City of
Baytown has agreed with the City of Houston that all of that
property this side of the San Jacinto River, with certain
exceptions, is to be considered Baytown's extra - territorial
jurisdiction. At the present time, Baytown has certain
strip annexations which protects the area north of the City.
Mr. Bounds stated that the proposed incorporation of Lynch-
burg had not been discussed with the City of Houston.
In response to a question from Council, Mr. Butcher
stated that the proposed boundaries of the incorporated area
would be Springer Creek, which separates Lakewood from the
Lynchburg area, Decker Drive, San Jacinto River and the
banks of Burnett Bay. Mr. Butcher explained that Lynchburg
would strive for minimum government, which should result in
very little taxation. What the residents hope to accomplish
by incorporation is to pass ordinances to protect the
community and provide for minimal police protection. Fire
protection is provided the community through the Highlands
Volunteer Fire Department.
Councilman Philips commented that Baytown would not
want to create a situation where traveling through another
city would be necessary to get to Baytown from I -10. How-
ever, he felt that Council had no desire to annex Lynchburg.
Councilman Kloesel requested that an item in this
regard be placed on the agenda for the second meeting in
July to consider releasing the area described by Air. Butcher
to incorporate. Council had no objections.
Mrs. Pam Kelley Will Appear
Mrs. Pam Kelley did not appear. Mr. Lanham explained
that Mrs. Kelley called about a problem concerning bees.
Mr. Lanham explained that he had also received a call from
Mrs. Cook who lives on New Mexico Street. Mrs. Cook is
having problems with bees gathering in her home. There are
eleven beehives near her home. Both these individuals
expressed an interest in regulating the placement of bee-
hives in the city limits. Mr. Lanham commented that Council
can prohibit the keeping of beehives in the city but it
would be impossible to control bees migration into the city.
Ordinance - Amending Chapter 29, Taxicabs, of the Code of
Ordinances of the City of Baytown to Increase the
Maximum Taxicab Fares
Councilman Johnson moved for the adoption of the
proposed ordinance.
Mr. Bounds explained that Section 29 -50. Fare, (a)(1)
and (2) needed to be completed with proper amounts.
90628 -7
Minutes of the Regular Meeting - June 28, 1979
Councilman Kloesel stated that if Councilman Johnson
agrees to setting the fares as follows: $1.15 for pickup;
sixteen cents for each one -fifth mile; $12.00 per hour for
waiting time; he would second the motion. Councilman
Johnson incorporated those fees into the motion.
Councilman Philips moved for a substitute motion to
alter the pickup fee to $.80. That would give an increase
of approximately 25% to avoid an inflationary increase. The
motion died for lack of second. The vote follows:
Ayes: Council members Johnson, Kloesel and Caffey
Mayor Hutto
Nays: Councilman Philips
ORDINANCE NO. 2686
AN ORDINANCE AMENDING CHAPTER 29, "TAXICABS ", OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN BY SETTING FORTH THE RATES
AND FARES TO BE CHARGED BY TAXICABS IN THE CITY; MAKING IT
UNLAWFUL TO VIOLATE THE PROVISIONS OF THIS CHAPTER; CON-
TAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Amending Chapter 6, Auto Wreckers and Towing
Vehicles, of the Code of Ordinances of the City of
Baytown, Providing for Regulation of Police Initiated
Towing Service and Setting Maximum Fees for Towing
Service
Two ordinances had been prepared by the Legal Depart-
ment- -one contains the rates requested by the Baytown
Wreckers Association. The requested rates would increase
the normal towing charge from $27.50 to $35.00. If the
owner of the vehicle being towed specifies, at the scene of
the accident, that the vehicle is to be towed to a place of
business which, at that time, is not open for business or
has no one on duty to receive the wrecked vehicle, there may
be an additional charge of $7.50 for transferring the
vehicle to the specified location as soon as that place of
business is open for business. If the owner of the vehicle
being towed requires the vehicle to be moved or transferred
and no location was specified by the owner at the scene of
the accident, there may be an additional charge of $15.00.
There would be an increase from $10.00 to $15.00 for a winch
pull in accordance with Council's discussion regarding the
ditch pull, which term is often misunderstood by a customer.
An additional charge, not to exceed $15.00 may be made for
disconnecting and connecting the drive shaft, or for other
exceptional labor. A charge not to exceed $52.50 may be
made when it is required to "airplane" a wrecker vehicle.
Except in the event of an airplane charge, the maximum
charge for any and all tows from the scene of an accident in
the city limits shall be $50.00. Mr. Bounds explained that
the Wrecker Association did not ask for an increase in this
paragraph. As indicated in the public hearing, the maximum
fee would be $62.50 if all of the different charges would be
added up. At the present time, the maximum fee set by the
ordinance is $42.50. Mr. Bounds explained that he added the
same amount to the present base rate and inserted what he
felt would be the new maximum wrecker fee of $50.00.
Council may need to address that particular point.
A charge not to exceed $3.00 per day may be made for
the storage of wrecked vehicles which represents no change.
The heavy duty wrecker rates are not subject to regu-
lation by this chapter. The remainder of the ordinance
tracks the present ordinance.
•1•
Minutes of the Regular Meeting - June 28, 1979
The other ordinance amends Section 6 -1, to provide the
fees recommended by the Wrecker Committee chaired by former
Councilman Lander. The ordinance provides for a basic
charge of $35.00 and additional dolly charge not to exceed
$12.50. No transfer fee is provided. If the customer
designates at the scene of the accident or within a 24 -hour
period where the vehicle is to be towed, no transfer fee is
collected, but any request for transfer after a 24 -hour
period would be on a negotiable basis.
Mr. Bounds pointed out that certain items had not been
addressed in the Wrecker Association's request for increased
rates. The most important item that the association failed
to address was the maximum charge for all tows. If that
provision is not amended from the present ordinance, the
maximum wrecker charge would be $42.50.
Councilman Kloesel moved for adoption of the long
version of the ordinance and that some of the figures be
changed; Councilman Philips seconded the motion.
Mayor Hutto suggested that the maximum fee be set at
$65.00 rather than $50.00 for all tows except in the event
of an airplane charge.
Denzil Shirley inquired if transfer fees should be
controlled? Mr. Lanham explained that if Council is going
to regulate fees on vehicles involved in an accident,
transfers should be considered as part of the process of
getting that vehicle removed.
Councilman Kloesel commented that the only change he
would support is to have the towing fee raised to $65.00.
Councilman Philips commented that Paragraph 4 of the long
ordinance would read as follows: "Except in the event of an
airplane charge, the maximum charge for any and all tows
from the scene of an accident in the city limits shall be
$65.00, not including transfer fees." The vote follows:
Ayes: Council members Philips, Johnson, Kloesel
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2687
AN ORDINANCE AMENDING CHAPTER 6, "AUTO WRECKERS AND TOWING
VEHICLES ", OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN
SETTING MAXIMUM FEES FOR TOWING SERVICES; PRESCRIBING PENAL-
TIES FOR VIOLATION; PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
Ordinance - Amending Chapter 7, Buildings, of the Code of
Ordinances of the City of Baytown to Except Portable
Buildings from Fire Zone Restrictions
At the last meeting, Council considered a request to
amend the fire zone to allow the installation of a portable
building which would not meet the fire zone restrictions.
An ordinance has been prepared which would except portable
buildings that do not exceed 500 square feet in size and
that are set at least ten (10) feet from any other building.
These buildings must be tied down. The Administration
recommended approval of the ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Johnson seconded the motion.
Minutes of the Regular Meeting - June 28, 1979
Councilman Kloesel commented that he supported the
ordinance but the building needs to be securely tied down,
and the electrical ordinance should be amended to coincide
with the requirements of this ordinance.
Councilman Ph
text that the City
down, some type of
mended by the fire
This was agreeable
vote follows:
ilips commented that under the same con -
is requiring these buildings to be tied
all- purpose fire extinguisher as recom-
chief should be required in these buildings.
to Councilmen Kloesel and Johnson. The
Ayes: Council members Philips, Johnson, Kloesel
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2688
AN ORDINANCE AMENDING CHAPTER 7, "BUILDINGS ", OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN BY EXCEPTING PORTABLE
BUILDINGS FROM RESTRICTIONS IN FIRE DISTRICT; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; PROVIDING A PENALTY AND EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Final Payment to Westcott Construction
Company for Construction of the Baytown Sports Complex
Neighborhood Center
Mr. Lanham explained that this work has been completed
and has been inspected by Bobby Rountree and Jim Hutchison.
The Administration recommended approval of the ordinance
with the restriction that the City will not give the con-
tractor the check until the City receives the affidavit
indicating that all subcontractors and materialmen have been
paid.
Councilman Philips moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel
and Caf f ey
Mayor Hutto
Nays: None
ORDINANCE NO. 2689
AN ORDINANCE APPROVING AND ACCEPTING CONSTRUCTION OF THE
BAYTOWN SPORTS COMPLEX NEIGHBORHOOD CENTER BY WESTCOTT
CONSTRUCTION COMPANY; FINDING THAT THE IMPROVEMENTS ARE IN
ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE
CONSULTING ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE;
AUTHORIZING THE FINAL PAYMENT TO THE SAID WESTCOTT CON-
STRUCTION COMPANY AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Mayor Hutto called a 10- minute recess.
Ordinance - Amending Chapter 2 of the Code of Ordinances
Pertaining to Administration by Restructuring the
Membership of the Traffic Committee
This is a result of the action taken by Council at the
last meeting. The proposed ordinance would change the
makeup of the committee from two citizens to four citizens
and delete the two Council positions, leaving the other
90628 -10
Minutes of the Regular Meeting - June 28, 1979
positions as presently constituted. Regarding ex- officio
members, rather than Chief Inspector, the City Engineer
should be included.
Councilman Kloesel expressed his feeling that by
removing Council persons from these committees, Council's
power is diluted. For this reason, Councilman Kloesel
proposed that the committee be composed of seven members- -
one appointed by each member of the City Council and one by
the Mayor. This would provide a representative from each
Council district, plus a member appointed by the Mayor.
Councilwoman Caffey moved for adoption
ordinance; Councilman Philips seconded the
Councilman Kloesel pointed out that it
time since the Council had a representative
district to serve on a committee. He added
most important and a seven member committee
large to perform.
of the proposed
notion.
had been some
from each
that this is
would not be too
Councilman Johnson commented that since several times,
the Traffic Committee has held meetings with only three
members present; he would go along with the Traffic Com-
mittee consisting of seven members.
Councilman Kloesel stated that he would like to amend
the original motion to provide that the Baytown Traffic
Committee be composed of seven members, to be appointed one
per Council member and one by the Mayor.
Councilman Johnson pointed out that the three remaining
members of the Traffic Committee besides Councilman Cannon
and himself are all in Council District No. 4.
Councilman Johnson moved to table taking action on this
item until the next meeting; Councilman Kloesel seconded the
motion. The vote follows:
Ayes: Council members Johnson and Kloesel
Mayor Hutto
Nays: Council members Philips and Caffey
Councilman Johnson asked that an item be placed on the
next agenda in this regard. He stated that seven members
are needed but he did not know whether it should be limited
to each Council member's district.
Resolution No. 682 - Transferring Funds from Council
Contingency to Account No. 0101 -07 -0401, Clean City
Commission
In October, 1978 when the City Council established the
Clean City Commission, Council did not appropriate any funds
and indicated that no expenditure of funds was authorized by
the ordinance. Council indicated at that time, a request
for appropriation would have to be presented to Council at a
later date. The proposed resolution would transfer $900.00
from the contingency fund to an account that would be
available for the Clean City Commission. A CETA employee
has been assigned to work with the Clean City Commission.
This is the amount of money requested for the remainder of
this fiscal year. The Administration felt that this was a
reasonable request and recommended approval.
Councilman Philips moved for adoption of the reso-
lution; Councilman Johnson seconded the motion.
Councilman Kloesel questioned the need to establish
another administrative office.
90628 -11
Minutes of the Regular Meeting - June 28, 1979
Mr. Lanham explained that the CETA employee has been
assigned to work from the Public Works Department, but money
is being requested to fund a telephone and for car allowance
for this person. In order for the coordinator to be effec-
tive, he will need to drive around the City and he will need
to have a telephone.
Councilman Johnson stated that City Council appointed
the Clean City Commission, therefore, the City Council will
have to follow up.
Councilman Philips commented that for years and years
the problems of litter have been up to individuals to
conquer, but individuals have not performed the task. He
felt that the Council should give this effort a try because
it is a nagging problem and it is just like anything else,
unless you put a specific effort to it, the general popu-
lation is not going to get the job done. He felt that
Council should support this effort. If it does not bear
fruit, Council can stop the support.
Mayor Hutto recognized Mr. Houston Schweitzer, a member
of the Clean City Commission, who explained that in order to
get the City cleaned up, it has to be cleaned up by the
citizens and not by the Public Works Department. Mr.
Schweitzer explained that the members of the Clean City
Commission are volunteers who wish to come before the
citizens of Baytown and diplomatically as possible, educate
the citizens on how Baytown can be a beautiful and clean
city.
Councilman Kloesel expressed concerns which centered
around sanitation problems in the older parts of town and
invited the entire Council to visit the old Baytown area to
view first -hand some of the problems. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel
and Caf f ey
Mayor Hutto
Nays: None
RESOLUTION NO. 682
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER NINE
HUNDRED AND N01100 ($900.00) DOLLARS FROM BUDGET ACCOUNT NO.
0101 -12 -0100, "CONTINGENCIES," TO GENERAL FUND ACCOUNT NO.
0101 -07 -0401, CLEAN CITY COMMISSION.
Ordinance - Amending Chapter it of the Code of Ordinances
by Restructuring the Membership of the Electrical Board
This is a follow up to action taken by Council at the
last meeting. The only change in the makeup of the Board is
with respect to Position No. 5 which has been changed from
City Council member to a citizen not in the building indus-
try.
Councilman Kloesel expressed the feeling that boards
and committees are two different type organizations which
have two different types of power; boards having the greater
amount of power. Councilman Kloesel continued by pointing
out that the motion made by Councilman Cannon at the last
meeting only included removing council members from standing
committees.
In response to a question from Council, Mr. Bounds
explained that his initial reaction to Councilman Cannon's
motion is that boards, commissions and committees, are used
interchangeably throughout the various codes.
90628 -12
Minutes of the Regular Meeting - June 28, 1979
Councilman Kloesel requested that this item be placed
on the agenda for the next meeting rather than be considered
at this meeting.
Councilman Philips commented that his personal feeling
is that as a city councilman, the Council should not be
getting involved in the other end of the business. Council-
man Philips moved that Council vote on this item tonight.
Councilman Kloesel reiterated that what does make a
difference to democracy in a city like Baytown, is the
diluting of the power.of the Council. He felt that the
committees contribute to the policy- making of city govern-
ment and by Council deleting itself from the committees, the
Council will generally be receiving the recommendation of
the staff.
Councilman Philips called for the question; Council-
woman Caffey seconded the motion made by Councilman Philips.
Councilman Philips explained that included in the
motion was that Council consider adoption of the proposed
ordinance, amending the membership of the Electrical Board.
The vote follows:
Ayes: Council members Philips, Johnson and Caffey
Nays: Councilman Kloesel
Mayor Hutto
Mayor Hutto stated that he favored the motion, but
voted against the motion because of Councilman Kloesel's
request to consider this item at the next meeting.
ORDINANCE NO. 2690
AN ORDINANCE AMENDING CHAPTER 11, "ELECTRICAL CODE ", OF THE
CODE OF ORDINANCES OF THE CITY OF BAYTOWN TO RESTRUCTURE
MEMBERSHIP OF THE ELECTRICAL BOARD.
Resolution No. 683 - Authorizing the Administration to
Apply for Texas Aeronautics Commission Grant
The City has been encouraged by both the FAA and the
Texas Aeronautics Commission to get the City's application
for grants in even though the local share of funds has
not been approved. The request for state aid includes the
cost estimates for the land, site work, runways and all
those improvements to be placed on the land. The applica-
tion will not commit the City of Baytown to build the air-
port but it does enable the Texas Aeronautics Commission to
proceed with processing the application. This application
may be withdrawn if voters do not approve the necessary bond
funds to finance local share of the airport project. There
is a possibility that the application can be funded from
this fiscal year's funds if submitted now. The Administra-
tion recommended approval of the resolution.
Councilman Kloesel moved for adoption of the reso-
lution; Councilman Philips seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Kloesel
and Caffey
Mayor Hutto
Nays: None
RESOLUTION NO. 683
A RESOLUTION AUTHORIZING APPLICATION FOR TEXAS AERONAUTICS
COMMISSION GRANT FOR BAYTOWN MUNICIPAL AIRPORT.
90628 -13
Minutes of the Regular Meeting - June 28, 1979
Resolution No. 684 - Authorizing the Administration to
Apply to FAA for Funding of Municipal Airport
The same reasons would apply to this application. The
City of Baytown would be asking for $1,000,000 in federal
funds because this is the amount recommended for this year's
application. If the City goes ahead with this project, the
City would expect to receive $1,000,000 this year, $1,000,000
next year, and the remaining funds the third year. The
Administration recommended approval of the resolution.
Councilman Kloesel moved for adoption of the reso-
lution; Councilman Johnson seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Kloesel
and Caffey
Mayor Hutto
Nays: None
RESOLUTION NO. 684
A RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL ASSISTANCE
FOR THE BAYTOWN MUNICIPAL AIRPORT.
Resolution No. 685 - Authorizing the Administration to
Make Grant Application for East District Funding
This is the first step in a very long process of
getting federal funds to continue improvements to the City's
sanitary sewer system. There are now three steps involved
in this funding process. The City is in the Step 2 process
for the West District Sewer Treatment Plant. The City
expects to receive Step 3 funds and start construction on
this plant next year. The next two items would authorize
the Administration to submit an application for Step 1
funding for the development of infiltration in -flow analysis,
facility plan, and environmental assessment components. The
Step 1 planning process is required before funds can be
sought for engineering or construction purposes.
One of the things that the City hopes to achieve is
some federal funding to assist in the City's sliplining
program. Mr. Lanham explained that the Administration is
working on a project that would enable the Administration to
project when a particular subdivision would have to be
sliplined. Mr. Lanham explained that the City of Baytown is
on the Texas Department of Water Resources' priority list.
The Administration recommended approval of Resolution Nos.
685 and 686.
Councilman Philips inquired as to what is the City
looking at in terms of timing to begin construction of the
facilities. Mr. Lanham explained that on the first one,
Step 1 would be July of 1979; Step 2, May of 1980; and Step
3, December of 1980.
Councilman Kloesel moved for adoption of Resolution
Nos. 685 and 686; Councilwoman Caffey seconded the motion.
The vote follows:
Ayes: Council members
and Caffey
Mayor Hutto
Nays: None
Philips, Johnson, Kloesel
90628 -14
Minutes of the Regular Meeting - June 28, 1979
RESOLUTION NO. 685
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING APPLICATION FOR A STEP 1 GRANT FOR EAST SEWER
DISTRICT FUNDING.
RESOLUTION NO. 686
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING APPLICATION FOR A STEP 1 GRANT FOR CENTRAL SEWER
DISTRICT FUNDING.
Resolution No. 687 - Authorizing the Mayor to Execute an
Agreement with the State Department of Highways and
Public Transportation for the Survey, Inspection,
Appraisal and Inventory of Bridges on Public Roads
and Streets
The City Council recently authorized the Administration
to request the State Department of Highways and Public
Transportation to conduct a survey, inspection, appraisal
and inventory of bridges on public roads and streets within
the city limits of Baytown. In order for the Highway Depart-
ment to conduct this study, they need a resolution autho-
rizing the Mayor to execute an agreement for the work. The
Administration recommended approval of the resolution.
Councilman Philips moved for adoption of the reso-
lution; Councilman Kloesel seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Kloesel
and Caffey
Mayor Hutto
Nays: None
RESOLUTION NO. 687
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN
AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION FOR THE SURVEY, INSPECTION, APPRAISAL, AND
INVENTORY OF BRIDGES ON PUBLIC ROADS AND STREETS.
Consider Authorizing Receipt of Bids for Sale of
$2,500,000 in BAWA Bonds
The Baytown Area Water Authority is ready to sell bonds
for the Water Line Transmission Project which will bring
water from the BAWA Treatment Plant into Baytown. Council
authorized the purchase of valves for that project. The
plans have been completed and submitted to the Administra-
tion for review. The plans will be presented to the BAWA
Board and then to City Council. In order to have the funds
that are necessary for the construction of the project at
the time the bids come in, the City needs to move ahead with
the bond sale. The estimated cost of this project is
$4,263,000. Because the BAWA Water Treatment Plant bid came
in below the estimated cost of the project, only $2,500,000
in bonds need to be sold to finance the cost of the Water
Transmission Line Project. The Administration recommended
that City Council authorize receipt of bids for July 24.
In response to a question from Councilman Philips, Mr.
Lanham explained that if this work should be completed with
bond funds remaining, those funds can be placed in the
interest and sinking fund to pay principal and interest on
bonds.
90628 -15
Minutes of the Regular Meeting - June 28, 1979
Councilman Philips moved to authorize receipt of bids
for the sale of $2,500,000 in BAWA bonds; Councilman Kloesel
seconded the motion. The vote follows:
Ayes: Council members
and Caffey
Mayor Hutto
Philips, Johnson, Kloesel
Nays: None
Consider Request to Amend Chapter 31, Utilities, Article
IV, Water Service, to Provide Alternate Utility
Deposit Policy
Council received a copy of a letter from George E.
Bridwell, attorney for Manivest Corporation, owner and
operator of the Woodcreek Village and Woodhollow Apartments.
In his letter, Mr. Bridwell requests that his client be
allowed to post a bond in lieu of posting the water deposit
for the 702 units contained in the two apartment complexes.
The City's present policy provides that a $20 per unit
deposit be posted for all residential units including
apartments. The justification for this deposit is that the
City has suffered losses in water revenue when apartment
complexes have been sold and outstanding bills have not been
paid. Ownership of apartment complexes changes rather
frequently. A bond or cashier's check could protect the
City's interest, but in the event of a dispute, the City
could end up in court to collect on the bonds. An apartment
complex may change hands without the knowledge of the City.
The City's deposit policy does not provide that customers be
paid interest on their deposit. State legislature, during
the past session, considered requiring cities to do this but
it did not pass. Paying interest on a $20 deposit would
require one full -time person to administer it. The Admin-
istration did not recommend an alternate utility deposit
policy.
Councilman Kloesel commented that the biggest consid-
eration is the loss and the next one is that the City should
treat all of its citizens equally. No action was taken.
Hear Report on Energy Conservation Program
The Administration has
conservation program in two
months. First, relating to
relating to gasoline consum
passed in January in making
the Administration has been
and state agencies with the
may want to recommend
try to get some of the
taken steps to become
dinator has been appoi
responsible for a majo
City Engineer, was sen
energy auditor. The A
application to provide
audits of the City's m
be presented to Counci
will be primarily for
range improvements can
servation. Presently,
buildings. Hopefully
such things as sewer p
operations. They are
City has already been
been involved in the energy
areas for the past several
buildings and the second,
ption. The legislation was
energy grant funds available and
in close contact with federal
thought that the Administration
to Council that the City of Baytown
se funds. The Administration has
:ligible for them. An energy coor-
ited in each department that is
c building. Ed Shackelford, Assistant
t to a training course to become an
hninistration is preparing a grant
funds to assist Baytown in energy
tjor buildings and this will probably
L at its next meeting. This audit
;he purpose of determining what long
be effected to increase energy con -
the City is thinking only in terms of
Ln the future, the City might get into
Lant operations and water plant
)oth very large energy users. The
involved in pre- audits to identifv
VWw"W -1V
Minutes of the Regular Meeting - June 28, 1979
some short term steps which have been taken to reduce energy
consumption. In March, department heads were asked to
indicate the steps being taken to reduce energy consumption
in the buildings. Thermostats have been set at 76 degrees
at City Hall, the Community Building, Public Works Building,
Library and the Police Building, unnecessary lights have
been turned off. These are just a few steps that have been
taken and if the City receives the grant, the City might
find that there are other steps that the City can take to
reduce its electrical and gas consumption.
With respect to gasoline, the City's gasoline allo-
cation was reduced 5% in April. Again, department heads
were asked to take steps to reduce consumption by 5%. The
Public Works Department is reducing vehicle idling time,
pre - planning work activities to avoid trips back to the yard
for equipment and materials, utilizing the radio whenever
possible to minimize trips, reporting when vehicles require
tuneups or adjustments. The Police Department has begun to
stop engines when working wrecks, etc., red lights and stop
signs are worked with engines off, when traveling to court
in Houston, officers are to determine if one or more officers
are going in order to take as few cars as possible. The
Parks and Recreation Department has begun to reduce the
number of trips to the dump to one on Monday and one on
Friday, crews are to pick up litter at parks while carrying
out other duties instead of making a special litter route
two times a week, foremen pick up equipment operators each
day when they are mowing in areas where tractors can be left
overnight with safety. The Fire Department has instructed
the captains to make one round to stations per day unless
required by emergency, morning and evening idle time has
been reduced and evening to 5 minutes. Planning and Traffic
has increased the frequency of preventive maintenance and
suggested that medium sized vehicles be assigned rather than
the larger vehicles. Public Works and Planning & Traffic
Department are working together to reduce the number of
vehicles utilized to remove barricades. The crew that does
the finishing job will retrieve the barricades. These steps
will be continued. Also, the Planning and Traffic Depart-
ment has prepared a list of employees in the various buildings
who live in close proximity to one another with the thought
of arranging for carpooling. The Administration is very
serious about trying to reduce the City's energy consumption
and intends to continue this effort.
Mayor Hutto pointed out that one area where gasoline as
well as manpower could be reduced would be for the Police
Department investigating to discontinue the practice of
investigating minor accidents.
Councilman Philips commented that one of the comments
that he had received is that the City is cutting down on
neighborhood patrolling in the interest of saving gasoline.
Chief Turner explained that the police officers are sitting
and watching stop signs and red lights and much of this is
done in the residential sections of the City which is just
as effective as patrolling.
Consider Appointments to Electrical Board
This will be considered during executive session.
Consider Appointments to Traffic Committee
This will be considered during executive session.
Consider Appointments to Wrecker Committee
This will be considered during executive session.
Minutes of the Regular Meeting - June 28, 1979
Committee Reports
Councilman Johnson
Study Committee has held
process of preparing som
in the very near future.
Recess and Reconvene
90628 -17
commented that the Animal Control
another meeting and they are in the
e ordinances to bring before Council
Mayor Hutto recessed th e
session to discuss personnel
pending litigation. When th e
Hutto announced that there w
and adjourned the meeting.
APPROVED:
Eileen P. Hall, City Clerk
open meeting into executive
matters, land acquisition and
open meeting reconvened, Mayor
as no business to be transacted
K -RGju
Karen Petru, Deputy City Clerk