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1972 11 28 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 28, 1972 The City Council of the City of Baytown met in regular session, Tuesday, November 28, 1972, at 6:30 p.m., in the Council 'Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Councilman Massey Tompkins, Bob Smith and Cedar Bayou Roads. They have received a work order Tom Gentry Councilman Charles Pool Councilman -City forces have completed construction of a "right turn only' lane on Baker Road Jim McWIlliams Councilman C. O. Walker Councilman City Hall. This will provide needed office space. • Allen Cannon Councilman C. Glen Walker Mayor Director of Planning, Administrative Assistant, Director of Finance and the Fritz Lanham City Manager Neel Richardson City Attorney - (CIP) Waterline Contract #4 is complete. The well has been tied into the Edna Oliver City Clerk Howard Northcutt Administrative Assistant 14,700 feet in the project. Four of the five cross drains are in place; the contractor Mayor Walker called the meeting to order and the invocation was offered by Reverend G. L. Nichols, Pastor of Redeemer Lutheran Church. Approve Minutes Mayor Walker called for consideration of the minutes of the meeting held November 9, 1972. Councilman Walker moved to approve the minutes as printed; Councilman Pool seconded the motion. The vote was unanimous in favor. City Manager's Report -The passage of the 1972 Federal Water Pollution Control Act provides that the grant of constructing sewage treatment facilities will be 759 rather than 559; also, state matching funds are not required. Mr. Lanham has requested Baytown Is grant of 559 be increased to 759. Ghe Texas Water Quality Board has advised delaying negotiations with the Gulf Coast Waste Disposal Authority, who is acting on behalf of the state, until the matter is clarified. This act will also provide funds for infiltration abatement, however, grants will not be approved after July 1, 1973, for treatment works uless the applicant shows that each sewer collection system discharging into the treatment plant is not subject to excessive infiltration. - Southern Pacific Railroad has completed installation of the crossing gates at Massey Tompkins, Bob Smith and Cedar Bayou Roads. They have received a work order from the highway department to begin the crossing gate installation on Airhart Drive. This work should begin in ten days and be completed by January 1. -City forces have completed construction of a "right turn only' lane on Baker Road at North Main intersection. -Work is progressing on construction of offices in the Finance Department in City Hall. This will provide needed office space. - Operations at the Coady Landfill will begin tomorrow. -A Revenue Sharing Monitoring Committee has been organized, Members are the Director of Planning, Administrative Assistant, Director of Finance and the City Manager. The committee will keep award of federal regulations and requirements; responsibilities have been assigned in regard to reporting, etc. - (CIP) Waterline Contract #4 is complete. The well has been tied into the line, but is not in service yet. The slab was poured at the well site today. - Perimeter Road - 3,000 feet of roadway is now up to grade; there is a total of 14,700 feet in the project. Four of the five cross drains are in place; the contractor is well ahead of schedule. 5330 Regular Meeting, November 28, 1972 2615 City Manager's Report, continued - The fountain between City Hall and the Community Building is virtually complete. The Parks & Recreation maintenance building is complete. - Police & Court Building... the concrete blocks are being laid in the jain section and anchors for the jain equipment are being installed. The dry wall has been started in the courtroom section; and the floor has been poured in the corridors. - West Main Treatment Plant... the concrete for the aeriation basin has been poured and the vertical steel for the basin is in place. The laver portion, including slab, of the lift station located at the plant has been poured. The top portion of the lift station will be poured dnext week. - Council meeting dates... The first meeting date for Council next month is Dec. 14. It has been the practice of previous Councils to have only one meeting in December unless a special meeting is necessary. Following discussion, Council concurred to consider this at the meeting of the 14th. Proposed Ordinance 21128 -1, Tax Exemption The City Council previously adopted a resolution supporting legislation to provide a constitutional amendment to exempt $3,000 of the assessed value of residence homesteads of persons sixty -five years of age or older from ad valorem taxes. The voters of Texas approved this amendment on November 7. Mr. Lanham recommended adoption of the ordinance implementing this exemption. This should effect 14% of Baytown's population, and should amount to a maximum Of $70,000. Councilman Gentry moved to adopt the ordinance. Councilman McWilliams seconded the motion: Ayes: Councilmen Lander, Gentry, McWilliams, Pool, Walker and Cannon Mayor Walker Nays: None ORDINANCE No. 1299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, !T TEXAS, EXEMPTING $3,000 OF THE ASSESSED VALUE OF RESIDENCE HOMESTEADS OF PERSONS .SIXTY -FIVE (65) YEARS OF AGE OR OLDER FROM AD VALOREM TAXES LEVIED BY THE CITY OF BAYTOWN AFTER JANUARY 1, 1973, AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. E➢St -West Thoroughfare one of the streets approved in the 1970 Bond Issue for improvement as a thoroughfare was James Street; the estimated cost for this, including construction and acquisition of right of way was $516,000. In September, Council discused the possibility of im proving Sterling, and Defee Streets, as an alternate or in addition to James. The estimate for the Sterling - Defee improvements exclusive of right -of -way is $104,000. and with right of way, $135,000. At that meeting, Council requested Mr. Busch to prepare more detailed plans for the improvement of James and Lobit Streets. .Since then, Lobit has been scheduled to be improved within existing right of ways with Revenue Sharing funds, James could be improved-to collector street instead,of thbrough -faze standards, mostly within existing right -of -way , but with the acquisition of three homes between Pruett and North Whiting. This would cost $214,000, plus cost of right -of -way. Council discussed whether or not it would be necessary to improve James Street in addition to Sterling, Defee and Lobit. Although James was designated in the bond issue, Council generally concurred Sterling and Defee would provide a better east -west flow at less cost. Councilman Gentry moved to instruct Mr. Johnny Busch to proceed with all Plans for Defee and Sterling improvements, and to take no more action on James Street at this time. Councilman Walker seconded the motion. For clarification, Councilman Gentry stated the intent of his motion was to include appraisals, Purchase of right of way, or whatever steps are necessary. Ayes: Councilman Lander, Gentry, McWilliams, Pool, Walker and Cannon Mayor Walker Nays: None 262 5331 Proposed Ordinance 21128 -2, Subdivisions, Lot lines Mr. Bill Cornelius, Planning Director, explained that the proposed amendment would, upon his recommendation, allow the Planning Conmii.ssion to approve minor lot line adjustments and lot consolidations. This will eliminate the need for replatting. Follwoing discussion with Mr. Cornelius, Councilman Cannon moved to adopt the ordinance; Councilman Walker seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1300 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN BY THE AMENDMENT OF CHAPTER 27, SUBDIVISIONS, BY THE AMENDMENT OF SECTION 27 -2, DEFINITIONS, BY THE ADDITION OF NEW SECTION 27 -2, IN ORDER TO NUMBER CLASSIFICATIONS FOR REFERENCE PURPOSES AND IN ORDER TO ADD NEW DEFINITION AND TO ADD A NEW SECTION 27 -23, LOT CONSOLIDATION AND LOT LINE ADJUSTMENTS, REPEALING ORDINANCES INCONSISTENT HEREWITH, CONTAINING A SAVINGS CLAUSE, AND PROVIDING.FOR AN EFFECTIVE DATE HEREOF. Proposed Ordinance 21128 -3, Subdivision, Variances Mr. Cornelius explained this proposed amendment would allwo the Planning Commission to grant certain exceptions to certain subdivision regulations, i.e., design, building setback, side yard requirements and density standards. Other ordinances may supersede this amendment, however, in regard to flood hazard regulations, required improvements or bond requirement in lieu of improvements. Following discussion, Councilman Walker moved to adopt the ordinance. Councilman Lander seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1301 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, SUBDIVISIONS, BY THE ADDITION OF A NEW SECTION, 27 -68, VARIANCES, SO AS TO ALLOW THE PLANNING COIMIISSION TO GRANT EXCEPTIONS TO CERTAIN PORTIONS OF CHAPTER 27 HAVING TO DO WITH SUBDIVISION DESIGN, BUILDING SETBACK, SIDE YARD REQUIREMENTS AND DENSITY STANDARDS: REPEALING ORDINANCES INCONSISTENT HEREWITH, CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Proposed Ordinance 21128 -4, Subdivision, Utilization Mr. Cornelius explained this amendment would prohibit the habitation of new subdivisions until all utility systems are in operation. This would alleviate the situation of homeowners moving into subdivisions before the lift stations are in operation. This might be enforced by requiring a " Certificate of Occupancy" before water service is provided. Councilman Walker moved to adopt the ordinance; Councilman Cannon seconded the motion: Ayes: Councilmen Landes, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Mayes: None ORDINANCE NO. 1302 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, SUBDIVISIONS, BY THE ADDITION OF A NEW SECTION, 27 -69, UTILIZATION, SO AS TO A PROHIBIT THE HABITATION OF RESIDENCES IN NEW SUBDIVISIONS UNTIL ALL UTILITY SYSTEMS HAVE BEEN INSPECTED AND ARE IN OPERATION, REPEALING ORDINANCES INCONSISTENT HEREWITH, CON- TAINING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. 5332 Regular meeting, November 28, 1972 Resolution No. 423 - Open Space, Duke Hill Park Resolution No. 423 will authorize the City to enter into a contract with HUD for the acceptance of their grant of $44,470 for development of Duke Hill Park. Councilman McWilliams moved to adopt the resolution; Councilman Walker seconded the motion: Ayes: Councilman Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: Norte RESOLUTION NO. 423 A RESOLUTIN OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND PROVIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR GRANT TO ACQUIRE AND /OR DEVELOP LAND FOR OPEN -SPACE PURPOSES. Water & Sewer Service - Baytown Sports Complex The estimated cost of extending water & sewer service to the new Sports Complex is $43,710. Mr. Lanham recommended this be Financed from the 1965 water & 1970 Sewer Bond Programs. An easement has been discussed with the Deputy Superintendant, but not formally requested of the school district; a 6" water & 12" sewer line will be installed . Councilman Gentry moved to accept the recommendation, and authorize plans and specifications to be prepared. Councilman Lander seconded the motion. Discussion followed with Mr. Jim Hutchison relative to future growth 299 s3 in this area and whether these proposed lines could serve the growth. In the course of discussion, Mr. Lanham was requested to explore the Dossibilities of extending the lines along the west side of the drainage ditch, or along North Main, or Garth Road, with cost estimates. Councilman Gentry then withdrew his motion, and councilman Lander his second. Mr. Lanham was also requested to study and report what sewer im- provements will be needed in relation to future growth in this area. (Council- man Cannon leaves meeting) Proposed Ordinance No. 21128 -5, Amend Wrecker Ordinance Councilman Lander, Wrecker Committee, reviewed the proposednew wrecker ordninace, outlining the changes to the existing wrecker ordinance; a. Membership of theWrecker Committee has been changed. b. Terminology designating classes of wreckers. C. The premise upon which a permit will be granted. d. Moral Character has been deleted as a factor in determining whether a greater mumber of permits will be issued. e. Fingerprints and photographs will no longer be required. f. Fee schedule has been increased except for the daily storage charge, also permit holders may not receive any fees other than what is designated in the ordinance. g. The Chief of Police will promulgate all rules and regulations governing wrecker operations, including equipment. The rules must be approved by the Wrecker Committee. h. The City Manager may issue an "emergency permit ", provided there is no wrecker available within the City of sufficient size or with proper equipment to handle a particular wreck or hauling task; the emergency permit will be temporary. Councilman Lander then moved the ordinance be adopted; Councilman Gentry seconded the motion: Ayes: Councilmen Lander, Mayor Walker Nays: NONe Gentry, Pool, McWilliams and Walker ORDINANCE NO. 1303 AN ORDINANCE AMENDING THE COSS OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 6, "AUTO WRECKERS AND EMERGENCY AUTO WRECKERS ", SO AS TO REPEAL THE PROVISIONS OF SUCH CHAPTER AS PRESENTLY CONSTITUTED, AND TO SUBSTITUTE IN ITS PLACE THE PROVISIONS OF A NEW CHAPTER 6 TO BE ENTITLED, "AUTO WRECKERS AND TOWING VEHICLES" CONTAINING DEFINITIONS, ESTABLISHING REQUIREMENTS FOR PERMITS, ES- tablishing requirements for the applications of permits to operate AUTO WRECKERS AND TOWING VEHICLES, PROVIDING FOR AN APPEAL FROM THE FINDING OF THE CITY COUNCIL WRECKER COMMITTEE AS TO CONVENIENCE AND NECESSITY 300 Regular meeting, November 28 1972 5333 ESTABLISHING PERMIT FEES, FROVIDING FOR THE REVOCATION OF PERMITS, PROVIDING THAT PERMITS ARE NON - TRANSFERABLE, - REQUIRING THE PAYMENT OF ALL TAXES, ESTABLISHING CERTAIN REGULATIONS FOR THE OPERATION OF AUTO WRECKERS AND TOWING VEHICLES, ESTABLISHING PERMISSIBLE FEES AND CHARGES FOR AUTO WRECKER SERVICES, PROVIBNG FOR A WRECKER TICKET TO BE ISSUED BY AUTO WRECKER !;OPERATORS AT THE SCENE OF ACCIDENTS, PROVIDING . MISCELLANEOUS PROVISIONS AND RESTRICTIONS, AND ESTABLISHING REQUIREMENTS FOR THE ISSUANCE OF EMERGENCY AUTO WRECKER PERMITS: REPEALING ORDINANCES INCONSISTENT HEREWITH: PROVIDING A SAVINGS CLAUSE: PROVIDING A PENALTY CLAUSE: AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Award Bid - Lift Station,-Proposed Ordinance No 21128 -6 Bids were received November 21 for Contract II of the Sanitary Sewer Improvement Program (Five lift stations). The tabulation follows: Lovelace Construction Company J. M. Hol//s Construction Bayshore Constructors Couch Construction S & B Construction $574,252.00 $600,398.60 $634,907.50 $723,150.00 $745,200.00 Mr. Bill Cole, of Langford Engineering, recommended accepting the bid of Lovelace Construction Company, V.-hc will sub - contract the construction. The bid is within_ budgeted funds for the project, assuming 55% matching funds. Councilman Lander moved to adopt the ordinance awarding the bid as recommended; Councilman Pool seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, and Walker Mayor Walker Nays: None Abstain: Councilman McWilliams - ORDINANCE NO. 1304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF LOVELACE CONSTRUCTION COMPANY FOR THE CON- STRUCTION OF THE SANITARY SEWER LIFT STATIONS, JOB NO. 44A, CONTRACT II, FOR THE SUM OF FIVE HUNDRED SEVENTY FOUR THOUSAND, TWO HUNDRED AND FIFTY -TWO DOLLARS ($574,252.00) and No /100 WITH REGARD TO SUCH AGREEMENT. Consider Addition to Phase It of 1972 Street Improvement Program Two blocks of Yupon Street was approved for improvement in the 197,` Street Improvement Program. Since the third block, from Nazro to West Main is also in very poor condition, Mr. Lanham requested this be added to the contract at an estimated cost of $7,000. This estimate is based on the unit prices. Councilman Walker moved to accept the recommendation; Councilman McWilliams seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and McWilliams Mayor Walker Nays: None Request from Citizens National Bank Citizens National Bank has requested permission to install a pneumatic tube across the 300 Block of West Texas and Defee. The tube will be 2� inches in diameter, and will be a minimum of two feet above existing traffic light wires. Councilman Walker moved to grant the request; Councilman Lander seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, and Walker Mayor Walker Nays: None Resolution No. 424, Assure Funds for Treatment Works The Environmental Protection Agency requires a resolution giving assurance for adequate operation and maintenance of federally funded treatment works. 5334 Regular meeting, November 28, 1972 297 Resolution 424 assures the EPA that $100,000 per annum will be provided for the East District Treatment Plant. Councilman Lander moved to adopt the resolution; Councilman Walker seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, McWilliams, and Walker Mayor Walker Nays: None RESOLUTION NO. 424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ASSURING THE ENVIRONMENTAL PROTECTION AGENCY THAT THE CITY OF BAYTOWN WILL ADEQUATELY OPERATE AND MAINTAIN FEDERALLY FUNDED rWASTE WATER TREATMENT FACILITIES. Appointment - Parks & Recreation Advisory Board Mayor Walker submitted, for Council approval, they 6,ame of Mrs. Mary Katherine Butler for appointment to the Parks & Recreation Advisory Board. Councilman McWilliams moved to approve the appointment; Councilman Walker seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, and Walker Mayor Walker Nays: None Appointment - Baytown Housing Authority Mayor Walker announced the appointment of Mr. Curtis McNab to the Baytown Housing a Authority; this does not require Council approval. Ambulance Service Councilman McWilliams requested the Administreation prepare a report for presentation at the next Council meeting in concerning problems, in general, of the ambulance service. Call Special Meeting Bids were opened earlier this afternoon for Contract #III of the Sanitary Sewer Improvements. Mr. Lanham requested Council meet: in_d. Special Session to consider these bids, and afterwards, ahve a work session with Mr.,,Oeverly and 4he insurance committee to discuss additional insurance for the City. i.e., fire & casualty, workman's compensation. Council agreed to meet Thursday afternoon at 5:00 p.m., December 30. for the special meeting and work session. Traffic Conjestion at Tunnel Because of the construction underway at the Baytown - LaPorte Tunnel, traffic conjestion has increased. This is not in Baytown's jurisdiction, and Mr. Lanham was requested to inquire into additional law enforcement by the state. Adjourn Councilman Lander moved to adjourn to an Executive Session; Councilaan Gentry seconded the motion. The vote was unanimous in favor and Mayor Walker declared the meeting adjourned. rj - /(/ r C. GLEN WALKER, Mayor o� Belinda Bingham, Df uty City Clerk