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1976 09 23 CC Minutesr r 6237 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 23, 1976 The City Council of the City of Baytown, Texas, met in regular session, Thursday, September 23, 1976, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: *Jody Lander Jack Kimmons Ted Kloesel Emmett Hutto Allen Cannon * *Tom Gentry Fritz Lanham Neel Richardson Eileen P. Hall Dan Savage Councilman Councilman Councilman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Absent: Mary E. Wilbanks Councilwoman Mayor Gentry called the meeting to order and the invocation was offered by the Reverend Gordon Ramey, Pastor of the First Church of God. Approve Minutes Councilman Kimmons moved to approve the minutes of the regular meeting of September 9, 1976, and ratification of actions taken at said meeting; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None Petitions No petitions were presented. City Manager's Report Revenue Sharing Legislation - It was reported several meetings ago that the House of Representatives had passed a Revenue Sharing Bill. Now, the Senate in an 80 -4 vote has passed a Revenue Sharing Bill, which shows there is considerable support for this type legis- lation. There is some difference in the two bills so a Conference Committee has been appointed, and the legislation will probably be approved before the end of the calendar year. There are significant changes in the legislation being considered. Neither the House or Senate have changed the formula and in both bills the categories have been eliminated. Previously, the revenue sharing funds had to be spent in eight or nine categories. The provision that revenue sharing funds could not be used to match other federal funds has been eliminated. The reporting and public hearing provisions have not changed as far as the procedure which has been followed in Texas. East District Sanitary Sewage Treatment Plant - Bids have been advertised for the construction of the sludge dewatering facilities at the East District Sanitary Sewage Treatment Plant to be received October 21. The contractor responsible for the construction of the plant has completed approximately eighty -two (82 %) per cent of the job using approximately sixty -two (62 %) per cent of the contract time. 6238 Minutes of the Regular Meeting - September 23, 1976 Hunnicutt Storm Sewer - All of the sixty (60 11) inch pipe has been installed which is all the pipe that is to be laid on Hunnicutt Street. Only branch lines remain to be installed as follows: 630 feet of 36 inch pipe 564 feet of 24 inch pipe 90 feet of 18 inch pipe 20 feet of 27 inch pipe 40 feet of 21 inch pipe All the inlets remain to be constructed and the asphalt repair remains to be completed. Jailhouse Ditch Storm Sewer - The contractor is building the inlets and completing the asphalt repair work so that the only other work remaining is cleanup. Tennis Court Lighting at Duke Hill Park and Travis School Park - The work has been completed and the lights are in service at the Duke Hill Park, but Houston Lighting and Power Company has not ex- tended service to the lights at Travis School Park. 1976 Street Improvement Program - On this project, which is being funded through budgeted funds, over fifty (50 %) per cent of the curb and gutter has been installed on Ohio and is being in- stalled on Mississippi, Amelia and Bolster. The rains, which Baytown has received the last few days, have slowed progress on this project, but the contractor is still well ahead of schedule. In response to inquiries from Council, Mr. Powers, City Engineer, explained that the contract allowed the contractor a specified number of working days, but did not require the contractor to resurface the street during a specified number of days; however, during the time that the street is being prepared for asphalt the city can require that the contractor maintain the street. As far as the desnagging of Goose Creek Stream, the County is currently working behind the Exxon Building moving toward the golf course. At the corner of Holly Drive and North Holly Drive a property owner is losing land due to errosion, but this situation will be rectified when the County completes its portion of the Robin Road Storm Sewer Project. The reason for the delay on the County's portion is difficulty in obtaining access over existing pipelines. The temporary construction speed zone on Highway 146 should be removed tomorrow. Councilman Cannon commented that Roseland Park has really been improved. The Administration explained that two - thirds of the amount of dirt needed has been placed. Councilman Kloesel requested that the Administration pay particular attention to clearing the ditch south of Central Heights that runs perpendicular to Airhart and to the patrol of Evergreen Road during times when dumping is most likely to occur. Mayor Gentry asked that a representative of Houston Lighting and Power be asked to explain the savings the company experienced in salaries due to the lengthy strike. Specifically, the impact this will have on the rates and for what period of time. Ed Denk, Representative of Commissioner Fonteno, Regarding Absentee Voting - Mr. Ed Denk, appeared as representative of Commissioner Fonteno to solicit aid in making absentee voting at the sub - station in the Courthouse Annex on Baker Road a success. Mr. Denk explained that in April he monitored absentee voting in Bexar County. Absentee 6239 Minutes of the Regular Meeting - September 23, 1976 voting was held at various malls with approximately two - thirds more votes being realized. *Mayor Pro Tem Lander presiding. Specifically, he requested that the times and days for absentee voting at the sub - station be broadly publicized in the press and through various civic groups. Also, he recommended that trained election personnel be on hand continuously to answer questions and aid persons wishing to vote absentee. He commented that on one Saturday and one Sunday the office would be open for the purpose of absentee voting. Councilman Kloesel pointed out that without exception the election judges were interested in this new concept and requested that Mr. Denk furnish each election judge with a schedule because of the numerous calls received by the judges with regard to absentee voting. Taylor Gerber Did not appear. Arthur Morgan Did not appear. Ordinance - Increase Monthly Charge for Refuse Service The revenue estimate used in the 1976 -77 Budget was based on an increase of $.50 per month for garbage collection which would increase the charge from $3.00 to $3.50 per month for consumers under 65 years of age, with the charge for consumers who are 65 or older being raised from $1.75 per month to $2.25. In order for a senior citizen to receive the reduced rate, application must be made. Once application is made, it is not necessary to reapply. Additional revenue of $84,000 will be realized from this increase. The last increase for this service was in 1974. The Administration recommended approval of the ordinance. Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. Councilman Kloesel was skeptical about increasing the monthly charge for garbage collection when citizens now have to pay to use the landfill. The vote follows: Ayes: Council members Kimmons, Hutto and Cannon Mayor Pro Tem Lander Nays: Councilman Kloesel ORDINANCE NO. 2081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 14, "GARBAGE AND TRASH," ARTICLE IV, FINANCIAL ADMINISTRATION, SECTION 14 -16, CHARGE FOR COLLECTION, TO REPEAL THE PROVISIONS OF SUCH SECTION AS PRESENTLY CON- STITUTED AND TO SUBMIT IN ITS PLACE A NEW SECTION 14 -16; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 6240 Minutes of the Regular Meeting - September 23, 1976 Ordinance - Increase Tax Exemption for Persons Sixty -Five or Older The estimated tax revenue for the 1976 -77 fiscal year included this increase in exemption on assessed valuation. The Administration recommended approval of the ordinance increasing the tax exemption for persons sixty -five or older from $4,000 to $5,000. Councilman Kloesel moved for the adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Hutto and Cannon Mayor Pro Tem Lander Nays: None Councilman Kloesel asked that the Administration develop cost estimates for a tax exemption of $7,000 to those persons sixty -five or older. ORDINANCE NO. 2082 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 28h, "TAXATION," BY REPEALING SUBSECTION 28h.l(b) AS PRESENTLY CONSTITUTED AND SUBSTITUTING IN ITS PLACE THE PROVISIONS OF A NEW SUBSECTION 28h.l(b); REPEAL- ING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Contract Between the City of Houston and the Baytown Area Water Authority Mr. Paul Jason, President of the Board of Directors of the Baytown Area Water Authority (BAWA), presented the recommendation of the- Board. Mr. Jason reported that at the last meeting of the Board, an Education Committee was formed to prepare background information in an effort to have a reservoir of data available to help educate the voters regarding the election on the contract between BAWA and the City of Baytown. He also reported that the Board would like Council concurrence on the formation of a Citizens' Action Council or Committee to aid the Board in publicizing the issue. Councilman Cannon expressed the view that Council had whole- heartedly endorsed BAWA and expected the BAWA Board to effect any action necessary to promote the election and inform the public; Council concurred. Mr. Jason said that the Consulting Engineers and the City Hall staff were working on backup information for a briefing book. This briefing book outlines what actions the Board must take and provides facts on subsidence and the forth- coming election. Upon completion, each member of Council will be provided with a copy of the book. The Board plans to form its own speaker's bureau, and will set its own speaking dates. Hand- out information will also be provided. A budget for the promotional aspects of the election will be developed and private funds will be solicited for that purpose. After the Board has organized a Citizens' Council or Committee and begins to solicit funds, Council suggested perhaps this would be a good time for a work session, but left the decision to the Board as to when the work session would be scheduled. Mr. Jason then reviewed some of the highlights of the proposed contract between BAWA and the City of Houston. Basically, the contract is for the sale of untreated water at $.13 per thousand gallons initially on a minimum take or pay schedule of six million gallons per day for the first three years; eight million gallons per day for the next four through seven years; ten million gallons 6241 Minutes of the Regular Meeting - September 23, 1976 per day for the next eight through eleven years; thirteen million gallons per day for the next twelve through fifteen years; and sixteen million gallons per day for the next sixteen through twenty years. The contract is for a duration of twenty years and rates are set by the City Council of the City of Houston. This is a standard contract and BAWA would be paying the same rate which other communities purchasing untreated water in the area are now paying. The contract may be adjusted to increase or decrease the take or pay schedule by notifying the City of Houston in writing thirty days in advance. Mr. Jason said that it was the Board's feeling that this was the very best contract that could be negotiated. In the event the proposition should fail, the contract would be declared void. As far as the $SO fee to be paid to SJRA, the City of Houston would be responsible for this fee due to the amendatory contract between SJRA and the City of Houston, which allows the City of Houston to sell to BAWA. At the present time, the Board is weighing the possibility of retaining two or three wells for peaking purposes so that the 10% surcharge can be avoided; however, as the completion of the plant grows near, the Board will then weigh the possibility of discontinuing use of wells altogether since the surcharge may be more feasible than use of wells. * *Mayor Gentry present. Council commended the Board of Directors of the Baytown Area Water Authority for their hard work and diligence. Councilman Cannon moved to adopt the ordinance; Councilman Hutto seconded the motion. Councilman Kloesel moved to table the item until the next regular meeting so that maximum exposure time could be allowed to obtain feedback from the public regarding this contract. The motion died for lack of a second. The vote on the original motion follows: Ayes: Council members Kimmons, Kloesel, Hutto and Cannon Mayor Pro Tem Lander Nays: None Abstained: Mayor Gentry ORDINANCE NO. 2083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A SURFACE WATER SUPPLY CONTRACT BETWEEN THE CITY OF HOUSTON AND BAYTOWN AREA WATER AUTHORITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. * *Mayor Gentry now presiding. Ordinance - Use of PVC and ABS Pipe The City Engineering and Public Works Departments have developed this recommendation consistent with the discussion of Council in the Work Session regarding use of other materials for sanitary sewer pipes. The ordinance adds PVC and ABS to the types of pipe which may be used in subdivisions and up -dates the requirements on vitrified clay and concrete pipe, by requiring an aggregate of not less than 100% crushed limestone for concrete pipe and the latest ASTM require- ments on vitrified clay. The Administration recommended approval of the ordinance. 6242 Minutes of the Regular Meeting - September 23, 1976 Councilman Kimmons moved for the adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Kimmons, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2084 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX B, "ENGINEERING AND CONSTRUCTION STANDARDS FOR SUBDIVISIONS," BY REPEALING SECTION (a) (2) OF THE SECTION ENTITLED WATER AND SEWER SYSTEM AS PRESENTLY CONSTITUTED AND SUBSTITUTING IN ITS PLACE THE PROVISIONS OF A NEW SECTION (a) (2); REPEALING ORDINANCES INCON- SISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Contract with Baytown Ambulance The 1976 -77 Budget provides for this expenditure which will increase the yearly payment to Baytown Ambulance Company, Inc. from $48,000 to $54,000. This change will be effective October 1. The Administration and the Ambulance Committee recommended approval of the ordinance. Councilman Kloesel moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Kimmons, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A MODIFICATION AGREEMENT BETWEEN BAYTOWN AMBULANCE COMPANY, INC. AND THE CITY OF BAYTOWN WITH REGARD TO A CONTRACT ENTERED INTO ON FEBRUARY 28, 1973, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Taxi Service for Senior Citizens Mr. Henry Connor, Chairman of the Senior Citizens Transportation Committee, appeared to request Council authorization to implement a transportation program for Senior citizens. The Transportation Committee's recommendation to Council is that the $15,000 in 1975 Revenue Sharing Funds which was set aside for senior citizen projects be used to fund a six -month transportation program for senior citizens. Under the proposed program the City would purchase taxi service for eligible senior citizens who would either ride free of charge or pay half fare; depending on their annual income. Each eligible senior citizen would receive up to eight one -way rides per month. Low income senior citizens would be eligible to use this service free of charge and moderate income senior citizens would be eligible to use this service for one -half of the normal fare. Low and moderate income being described as: 6243 Minutes of the Regular Meeting - September 23, 1976 Low Income Moderate Income One Person 0 - $4,000 $4,000 - $5,000 annually Two People 0 - $5,000 $5,000 - $7,000 annually If 300 people used 80$ of their allotted rides and traveled an average of 2h miles on each one -way trip, the cost to the City per month would be $2,190, that is assuming that 200 of these senior citizens would ride free and 100 would ride at half fare. Based on these assumptions, the cost to the city for a six -month period would be $13,140. If the Council approves this proposal, then the Committee members, along with members of several organizations involved in senior citizen work who have indicated a willingness to help screen potential applicants, would begin to do so immediately. The screening process would ensure that all applicants reside in Baytown, are over the age 65, and have an income within the established guidelines. The proposed program is scheduled to run six months. At which time, the Committee would like to report to Council on the success of the program. If this test proposal demonstrates that the senior citizens of Baytown have a well- defined transportation need, then the Transportation Committee would like to come back to the City Council to seek ongoing funding for this purpose. Mr. Connor explained that Dan Savage, Assistant City Manager, had contacted Mr. Hart, owner of the taxicab companies in Baytown, and a contract was being developed which would be completed soon F for presentation to Council. The Administration recommended approval of the ordinance. Councilman Kloesel moved for the adoption of the ordinance; Councilman Hutto seconded the motion. Since the details of the contract had not been finalized, and there was no contract for Council to consider, Councilman Lander questioned whether it would be proper for Council to vote on this matter at this time. Neel Richardson, City Attorney, explained that although it was not normal procedure, Council could adopt the ordinance with the proviso that the contract would be drafted to comply with the recommendations of the Committee. Councilman Kloesel then moved to table the matter until the next regular meeting so that the contract could be finalized. Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel and Hutto Nays: Councilman Cannon Mayor Gentry Ordinance - Limiting Waiver of Notice of Claims Against the City The City Charter provides that any claim for alledged injury or damage must be filed within thirty (30) days. The City Attorney feels that this ordinance would strengthen the Charter provision by prohibiting any employee or agent of the City from waiving the notice provisions of the Charter. The Administration recommended approval of the ordinance. Councilman Kloesel moved to approve the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None 6244 Minutes of the Regular Meeting - September 23, 1976 ORDINANCE NO. 2086 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY AMENDING CHAPTER 1- "GENERAL PROVISIONS," BY THE ADDITION OF A NEW SECTION 1 -7; PROVIDING A REPEALING CLAUSE; AND PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Change Order No. 1 - Hunnicutt Street Storm Sewer Contract The contract with R. T. Bishop on the Hunnicutt Street Storm Sewer provides that the contractor shall resurface the portion of the street that is damaged as a result of installing the storm sewer. Since the paved portion of Hunnicutt is very old, it would be a waste to patch the portion where the storm sewer is being in- stalled; therefore, the Administration has spoken with the contrac- tor in this regard, and Mr. Bishop has agreed to a change order that would delete $11,900 from the contract. The next item on the agenda has to do with installation of sanitary sewer lines on Hunnicutt which would involve cutting into the street on the other side. If Council authorizes the advertise- ment for bids, then sometime in the future, the Administration would make the recommendation that Hunnicutt Street be rebuilt under one of the paving programs. The Administration recommended approval of the change order which deletes from the contract the City's requirement that the street be repaired. Council expressed some concern in the delay that might develop in getting the street rebuilt. Mr. Lanham assured Council that the Administration would make every effort to receive bids on the re- building of Hunnicutt immediately after completion of the installa- tion of the sanitary sewer or if a street program contract was let during the time the sanitary sewer was being installed, the street contractor would be asked to set Hunnicutt as a priority. Councilman Kimmons moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2087 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH R. T. BISHOP CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF EAST HUNNICUTT DRAINAGE IMPROVEMENTS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Plans, Specifications, and Authorization to Advertise for Bids - Sanitary Sewer on Hunnicutt Street Basically, this will consist of laying an eight (81') inch sanitary sewer line down Hunnicutt Street beginning at the existing manhole on Fourth Street, to the existing manhole on Highway 146. This line will act as a by -pass to relieve pressure on another line. One waterline in this area is being replaced by the Public Works Department, from Fourth Street to First Street. Other water lines have been encountered by the contractor on the storm sewer project, and the plans have been designed so that 6245 Minutes of the Regular Meeting - September 23, 1976 hopefully, these lines will be avoided. The entire project will involve 1700 feet, and will be funded with 1975 Bond Funds. Councilman Kloesel moved to authorize the Administration to advertise for bids on this project; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None Resolution No. 543 - Transfer of Funds - Water Fund Budget Each year at the end of the budget year, the Administration must eliminate deficits by transferring funds. This resolution provides for a total transfer of $22,052 from Contingencies, with $18,441 being transferred to General Overhead - Other Funds and $3,611 being transferred to the Sewage Disposal Account for Electrical Services. The Administration recommended approval of the resolution. Councilman Kimmons moved for the adoption of the resolution; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 543 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER TWENTY -TWO THOUSAND FIFTY -TWO AND NO 1100 ($22,052.00) DOLLARS FROM BUDGET ACCOUNT 1001 -12 -1000, "CONTINGENCIES," TO ACCOUNTS WITHIN THE WATER FUND BUDGET. Resolution No. 544 - Transfer of Funds - General Fund Budget This resolution would authorize a total transfer of $115,785, which would close the Contingencies Account as follows: City Council 0101 -06 -0400 Special Services $ 1,092.00 0101 -07 -0900 Service Awards $ 2,000.00 The employees' picnic is funded through this account also. 0101 -07 -1000 Terminal Sick Leave $62,000.00 Inspection 0203 -01 -1000 Traffic Signal System $13,226.00 This is to fund the two locations already underway. Garage 0112 -05 -0400 Maintenance, Motor Vehicles $37,467.00 The Administration recommended approval of the resolution. 6246 Minutes of the Regular Meeting - September 23, 1976 Councilman Kloesel moved for the adoption of the resolution; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER ONE HUNDRED FIFTEEN THOUSAND SEVEN HUNDRED EIGHTY -FIVE AND N01100 ($115,785.00) DOLLARS FROM BUDGET ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO ACCOUNTS WITHIN THE GENERAL FUND. Resolution No. 545 - Adoption of Revised Schedule for Completion of Improvements to the West District Sanitary Sewer System The revised schedule for completion of improvements to the West District Sanitary Sewer System is necessary because of the Enforcement Order of the Texas Water Quality Board and the need for the sewer system evaluation survey made in the West District. The new schedule provides that the construction of the new facility will be completed by the end of 1978, which is consistent with the enforcement order. The Administration recommended approval of the resolution. Councilman Kloesel moved for the adoption of the resolution; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RESOLVING THAT THE WEST DISTRICT SANITARY SEWER IMPROVEMENTS WILL BE COMPLETED PURSUANT TO THE LAWS, RULES AND REGULATIONS OF THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972, PUBLIC LAW 92 -500; AND IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN THE RESOLUTION; AND FURTHER RESOLVING THAT NO CHANGE ORDER WILL BE AUTHORIZED WITHOUT APPROVAL OF THE TEXAS WATER QUALITY BOARD AND THE ENVIRONMENTAL PROTECTION AGENCY. Resolution No. S46 - Endorsing Air Products and Chemical's Application for an Energy Research and Development Administration Grant The Administration was contacted last week by the Texas Industrial Commission requesting assistance in attempting to have this industry located in this area. The Air Products and Chemical Company has made application to the Federal govern- ment for a Fifty Million Dollar Grant to pay approximately half the costs of construction of this facility. The reason that Council's endorsement is being sought is to establish the fact that the people of this community would like to have this industry 6247 Minutes of the Regular Meeting - September 23, 1976 located here. If the application is approved, the facility will be built on the U. S. Steel property in the Industrial Park, which has been established, and would be the first industry there. This industry has been endorsed by the Governor and by his energy task force. The plant would employ 80 people for continuous operation, and 2,000 construction workers during the course of con- struction. The Administration felt that it would be good to add this operation to the industry already located here and recommended approval of the resolution. Councilman Kloesel moved for the adoption of the resolution; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 546 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, URGING THE UNITED STATES ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION TO APPROVE A PROGRAM OF AIR DEVELOPMENT ADMINISTRATION TO APPROVE A PROGRAM OF AIR PRODUCTS AND CHEMICALS, INC. FOR A COAL -BASED HYDROGEN FACILITY ALONG CEDAR BAYOU, CHAMBERS COUNTY, TEXAS. Resolution No. 547 - Renewal of the Harris County Organized Crime Control Unit Grant The Harris County Organized Crime Control Unit has been funded for four years from Criminal Justice Funds. The City will be re- questing $148,050 for next year, which represents approximately forty -five (458) per cent of the total funds required to operate the unit. The local share is in kind. The City of Baytown, along with the cities of Houston, Pasadena, Deer Park, South Houston, West University, Bellaire, Hunters Creek Village and the Harris County Sheriff's Department all participate in this program. The City of Baytown has two people who are participating. The City of Baytown is the funding agency, that is our personnel disperse the funds and keep the records. Councilman Cannon moved to adopt the resolution; Councilman Kloesel seconded the motion. Mr. J. B. LeFevre, Director of Finance, commented to Council that Sergeant Henscey should be commended because, "he has done a wonderful job and is due commendation." Also, he interjected that this particular grant presented the Accounting Department with the least amount of difficulty. Councilman Lander moved to amend the motion to include that commendation; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 547 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR THE CONTINUED OPERATION OF THE HARRIS COUNTY ORGANIZED CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 6248 Minutes of the Regular Meeting - September 23, 1976 Report on Petition Requesting Alteration in Building Set -Back Requirements Council tabled this item at the last meeting in order to obtain further information. Mr. Neel Richardson, City Attorney, talked with the Chief Architect in the Houston office of FHA, who advised that as far as the availability of FHA loans is concerned, if the City waives the standards for a particular house of a subdivision, the FHA, under its present policy, would in all probability do the same. Mayor Gentry reported that he had checked with several local financial institutions, whose policies were to consider each loan application individually. For instance, a loan might be made on a home that was constructed very close to the street on one block, and then on the next block the loan application could be rejected on a home that was constructed the same distance from the street. In response to a question from Councilman Kloesel, Mr. Richardson explained that the provision in the Subdivision Ordinance which calls for a twenty -five (2S') foot set -back was repealed as a matter of law when the ordinance adopting the FHA standards was passed, and this discrepancy could be corrected by instructing the printer of the code to delete that information. Councilman Kloesel moved that the motion to grant Outlawn Terrace Subdivision an exception to allow five -foot set -back lines in this subdivision be removed from the table; Councilman Hutto seconded this motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None Mayor Gentry stated his position on the motion as being opposed to granting a certain number of citizens a privilege which would not be extended to all the citizens of Baytown, and that Council at sometime in the future should consider changing the set -back for all citizens, if it is to be changed. Mrs. Robert Wall, who was recognized by Mayor Gentry, stated just as people were allowed to vote in certain areas to be dry or wet, perhaps in lieu of changing the set -back for everybody, a subdivision should be allowed to determine an issue such as this. Mayor Gentry responded that this would not be prudent since the City would have to determine what rules applied to each subdivision before ordinances could be enforced. Mrs. Wall explained that her statement was not meant to be taken literally and that what she meant was rules determined by Council, which rules should not be prejudicial toward certain property owners. The vote follows: Ayes: Council members Kloesel, Kimmons and Hutto Nays: Council members Lander and Cannon Mayor Gentry Mayor Gentry announced that the vote was tied and the motions would, therefore, be considered at the next regular meeting of Council. Councilman Hutto then moved to grant Mrs. Wall a variance for her property; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kloesel and Hutto Nays: Council members Lander, Kimmons and Cannon Mayor Gentry 6249 Minutes of the Regular Meeting - September 23, 1976 Councilman Cannon suggested that Council study the need of revising the set -back requirements for the entire city and that any enforcement for present infractions be held in obeyance until Council studied the problem. Mayor Gentry agreed that Council could instruct the Administration to hold all enforcement in obey - ance until Council had the opportunity to look into the matter. Council continued to discuss the matter with Councilman Hutto expressing the feeling that no precedent would be set by granting a variance; Councilman Kloesel stating that there should be requirements according to lot size; and Councilman Kimmons stating that he would like changes such as this handled by petition. Mayor Gentry suggested that the subject of changing the set- back requirements be placed on the next Council agenda so that Council would have the opportunity to discuss the pros and cons in order that a determination can be made. Baytown Jaycee's - Request to Rebuild Locomotive at Roseland Park The Baytown Jaycee's have proposed to restore the steam locomo- tive in Roseland Park if the City will build a new fence to enclose the locomotive and provide additional lights so that the display area will be more attractive and secure. The estimated cost of the city's portion of the project could be expended from 1970 Park Bond Funds, the estimated cost being $2,900. The Administration recommended authorizing the Jaycee's to restore the locomotive with the understanding that the City will then build the fence and install additional lighting. Councilman Kloesel moved to accept the recommendation; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None Plans, Specifications and Authorization to Advertise for Bids on Certain Library Material Mrs. Flora Wilhite, City Librarian, presented Council with color coded plans for the installation of steel shelving to be utilized in the expansion to Sterling Municipal Library. Mrs. Wilhite noted that the possibility of refinishing old shelving had been explored, but to have the old shelving disassembled , sanded, repainted and reassembled would cost approximately eighty (80 %) per cent of the new shelving and emphasized that refinishing of the old shelving would be considered as an alternate, which probably would not be recommended. To obtain all new shelving as opposed to purchasing the new shelving necessary and having the old refinished would cost an additional $13,000 which would bring the estimated cost to $53,000. Alternate bids will be solicited in order to obtain the very best bid. Councilman Kloesel moved to authorize the advertisement for bids; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None 6250 Minutes of the Regular Meeting - September 23, 1976 Report of the Board of Arbitration The Board of Arbitration which was appointed to consider the disputed valuation of the U. S. Steel land has completed their work and recommended $2,900 per acre. The Board of Arbitration which was appointed to consider the disputed valuation of the U. S. Steel land, after many hours of deliberation, has determined a probable market value of $2,900 per acre. The Administration recommended that the decision of the Arbitration Board be accepted. Councilman Kimmons moved to accept the decision of the Arbitration Board; Councilman Cannon seconded the motion. Councilman Kimmons explained that considering other sales in the area, the $2,900 figure was fair. Mayor Gentry also explained that the only alternative now would be to file proceedings in District Court, whidh would be quite costly, with no guarantee that the City would obtain a more favorable decision. The vote follows: Ayes: Council members Lander, Kimmons, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel Police Policy This item was passed. Committee Reports None. Unfinished Business None. Recess and Reconvene Mayor Gentry recessed the open meeting into executive session for the discussion of legal matters. When the open meeting recon- vened, Mayor Gentry announced that no business had been transacted. Adjourn There being no further business to transact, Councilman Kimmons moved to adjourn; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None ileen P. Hall, ity Clerk