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1977 07 14 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 14, 1977 The City Council of the City of Baytown, Texas, met in regular session Thursday, July 14, 1977, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: *Jody Lander Jack Kimmons Ted Kloesel Mary E. Wilbanks Emmett Hutto Allen Cannon Tom Gentry Fritz Lanham Dan Savage Neel Richardson Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk 6313 Mayor Gentry called the meeting to order, and the invocation was offered by Councilman Allen Cannon. Approve Minutes Councilman Kimmons moved to approve the minutes of the regu- lar meeting of June 23, 1977, and ratification of actions taken concerning each of the matters listed on the agenda of said meeting; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Receive Petitions Mrs. L. H. Cakebread of 105 Danubina presented a petition with 200 signatures requesting that the City Council and /or the Alcoholic Beverage Commission refuse to grant a permit for a liquor license or permit to operate a private club and serve mixed drinks for King John's Palace, 8 Danubina, Baytown, Texas. King John's Palace, which is a private club, was previously located on Tri City Beach Road, and therefore, the permit is simply being transferred from one location (outside the city limits) to another. The building located at 8 Danubina is being remodeled; however, all permits have been obtained which are required by the building code. The buffer fencing requirement and off - street parking requirement of the Code have been met, and the City has no jurisdiction as far as the granting of a permit for the operation of a private club. Possibly, the Alcoholic Beverage Commission could act on such a petition. Councilman Cannon moved to accept the petition; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Councilman Cannon commented that he was opposed to a private club being located in this residential area and if at all possible, he would like to pursue the possibility of prohibiting the opera- tion of a private club at this particular location. 6314 Minutes of the Regular Meeting - July 14, 1977 City Manager's Report faker Road - The superintendent for the contractor on'the Baker Road project has notified the Administration that Baker Road between Decker Drive and Goose Creek will be open on Monday. Houston Lighting and Power Company - At the last Council meeting, Councilman Kloesel requested information from Houston Lighting and Power Company which would reflect the base cost for 1,000 kilowatt hours, 1,500 KWH, or 2,000 KWH along with cost of service and fuel cost adjustments for a twelve -month period by month. This report, based on 1,000 KWH/ has been furnished which reflects a total cost of $31.32 for June, 1976 versus a total cost of $33.75 for June, 1977. The-information which was requested -by Councilman Cannon will be provided with the next letter notifying the Administration of fuel cost and cost of service adjustments. Fire Department - The ladder truck for the fire department is in Houston and is expected to be delivered next week. Senate Bill 1252 - At the last regular meeting, Council- woman Wilbanks asked that the Council be briefed on the legis- lation that was passed giving County government the authority to establish toll roads and bridges. Neel Richardson, City Attorney, explained that Senate Bill 1252 was adopted during the last session of the legislature which provided that counties may construct highways and bridges and issue tax or revenue bonds to pay for cost of construction, maintenance, interest on the bonds, operating expenses of the project, and all prelimi- nary expenses such as engineering and charges for fiscal agent services involved with the process. If the project were to be financed by revenue bonds, then an election would not be necessary to authorize the issuance of the bonds. The bonds which would be issued would not be debt of the county and would, therefore, not impair the county's future ability to borrow money. The bonds would be charged only against the revenue of the project, and furthermore, the Act provides that the county can contract with cities to construct, acquire, improve or operate these facilities. Therefore, this probably would be a feasible means of operating something over the channel. This Act also provides that any other governmental entity or division of the state may be reimbursed an amount not to exceed $75,000.00 for work already completed. For instance, a county operating under this bill may take over from where the Turnpike Authority is on such projects. Councilwoman Wilbanks explained in response to an inquiry from Councilman Kloesel that she had not intended discussing the possibility of a toll construction when appearing before the Department of Highways & Public Transporation Commission regarding the construction of a bridge over the channel in the vicinity of Baytown /LaPorte Tunnel. However, this information could prove beneficial in the future. Drainage - At the last regular meeting, Councilman Kloesel asked for information on drainage improvements planned in the area bounded by Airhart, Market, Harbor, and Dayton or Lynchburg (not certain of correct name of street). This is in the area where the Administration would hope to make some improvements with 1977 Community Development funds. In the program that is planned and which has been submitted to the County for those funds, two of the drainage improvements needed in that area are included. However, the Administration has not been notified of how much will be received or if funds will be granted to the City under this program. The two projects listed in the proposed 1977 Community Development Program are: Cedar Street, from Harbor to Airhart Pine Street from Dayton to Market. 6315 Minutes of the Regular Meeting - July 14, 1977 Cypress, Dayton, Cedar and Cherry are listed on the City's drain- age priority list. What the Administration proposes is that when notification is received from the County as to whether or'not funds will be received and for what amount, then to proceed with the drainage work proposed under the application. However, if sufficient funds are not not received to complete Cedar and Pine, then those streets will be included in the city's drainage priority list. How - ever, the Administration would like to complete the drainage improve- ments on Cedar and Pine under the 1977 Community Development Program because if this funding is received the drainage improvements will consist of storm sewers. If the drainage improvements on these streets are completed under the city's drainage program using city crews, there will be open ditches. Market Street Bridge - The contractor on the Market Street Bridge has moved about 1,000 loads of fill into place. There are a number of trucks being used for the purpose of moving this fill, and therefore, the process is moving along very rapidly. Bayway Water Line - The contractor will begin work on the Bayway Water Line on August 25. East District Sludge Dewatering - Tidal Construction was awarded the contract for the East District Sludge Dewatering facilities several months ago. The materials for the project which were ordered at that time have been received, and the contractor began work on July 7. The contractor has used 1S8 days of the 420 days. It probably will not be necessary to use all of the 420 days. 1976 Community Development Project - H. T. Holland is making excellent progress with three crews working. Pipe is being installed on Laredo, Humble and Gulf Streets. The original plans provided for piping both sides of Laredo. However, the bids were a considerable amount over the funds available for this project; therefore, the plans were revised to pipe one side. There are a number of leads on Laredo to bring the water from the side where pipe is not being installed to the pipe. *Councilman Lander present. Sliplining - Channel Construction has televised the line along Narcille from Woodlawn to Buchanan, and the installation of the eight (81') inch liner began yesterday and should be completed next week. Police Department - Chief Turner has established a program in his department for recognizing members of that department for out- standing performance. The first individual to receive this award is Officer James Lee Hall, who during normal patrol on June 22, 1977, apprehended an armed felon in such a manner as to avoid causing harm to the clerk or any innocent by- stander. This award not only recog- nizes the meritorious manner in which Officer Hall apprehended the armed felon, but the excellent judgment he used in the apprehension. He performed in a calm and professional manner which reflects credit to him and to the Baytown Police Department. Questions or Comments Regarding City Manager's Report In response to an inquiry from Councilman Cannon, Ken Powers, City Engineer, explained that the pipe situated on Beaumont will be used for sliplining on Largo and Pleasant. Receive Semi - Annual Audit Report This is the semi - annual audit that is performed each year as of March 31 in accordance with Charter requirements. The report is limited to the General Fund and Water Fund. Ed Hullum 6316 Minutes of the Regular Meeting - July 14, 1977 was present on behalf of the auditing firm of Gerace, Hullum & Company. Mr. Hullum pointed out that tax collections as of March 31, 1976 were 94.09 %, whereas tax collections for the same period this year were 94.86%. He also explained that the report did not reveal anything of an outstanding nature; however, the Water Fund figures reflected a deficit of approximately $49,000.00. This came about because a prior year surplus not being as great as anticipated, but if the weather continues as it has been, this deficit will decrease accordingly. Mr. Hullum indicated that he would be happy to appear at some time in the future should Council have any questions regarding the audit report. Jerry Don Smith - Baytown Home Builders' Association Mr. Jerry Don Smith, President of the Baytown Home Builders' Association, appeared regarding the subject of sidewalks in the City of Baytown. The Home Builders' Association had no recom- mendation regarding whether or not subdivisions should have side- walks; however, the Association did stipulate that if sidewalks continued to be a requirement, that the developer should not be responsible for installation of the sidewalks. Mr. Smith continued that many subdivisions sell lots to individuals, along with builders, and there are times when many years pass prior to this individual building on the lot, and to hold the developer responsible for this many years down the line is impractical. Also, with inflation it is difficult for the developer to estimate the cost of construction of these sidewalks in future years. For the sidewalks to be installed at the beginning of the subdivision, when the streets are installed, is not practical from the developer's standpoint because of the various loads that go in on the lot. Therefore, the Home Builders' Association feels that the responsibility of the sidewalks being installed should be that of the builder, and that this procedure could be controlled by having sidewalks shown on the plot plan when a builder makes application for the various permits required prior to beginning construction, or the permits should not be issued, and to guarantee that sidewalks would be installed, that the final inspection would not occur until the sidewalks are in. The builders run into the problem of individuals who say that they do not want sidewalks; therefore, if the ordinance specifies that the final inspection will not occur until the sidewalks are installed, this would solve the problem. Mr. Lanham, City Manager, concurred that this suggestion would simplify matters from an Administrative standpoint, if sidewalks are to be required. Council was interested in determining whether there might be a problem with obtaining the same quality sidewalk if builders were left with this responsibility rather than the developer. Mr. Smith could see no problem in this regard since most of the side- walks being installed now are installed by the builder. The only problem involved is the mechanics of when the sidewalks should actually be installed and by whom. The only way that the developer could actually insure that sidewalks would be installed in a sub- division would be to install the sidewalks at the onset of construc- tion which is impractical because the sidewalks are destroyed during construction and must be replaced which results in added costs to the consumer. Councilwoman Wilbanks inquired if under the present ordinance two inspections were required in order that the general layout of the subdivision and streets could be inspected and then one to inspect the sidewalks. Mr. Smith responded that this was the prob- lem which had actually brought the sidewalk matter into focus. In this regard, Mayor Gentry added that there was one other problem and that of determining how thick the concrete must be on city 6317 Minutes of the Regular Meeting - July 14, 1977 easements with regard to sidewalks, as well as driveways. At the present time, there is no requirement, but the engineering department is working on this problem. During the discussion, Councilman Kimmons expressed the feeling that the purpose for sidewalks is to move people, and Councilwoman Wilbanks stated that there was some merit in attempting to link various areas of the city by a sidewalk pro- gram. Mayor Gentry inquired if at a future meeting there would be an item on the agenda regarding the whole sidewalk matter. Mr. Lanham said that this item would be considered at the next meet- ing. Councilman Cannon had stated earlier in the meeting that he would like for the Administration to work with the Planning Commission to resolve this problem. Ordinance - Appropriating Revenue Sharing Funds for Retired Senior Volunteer Program Mr. Jimmy Day, a member of the Senior Citizens Advisory Board, was present to discuss this item. He explained that the Retired Senior Volunteer Program began approximately one year ago. At that time, the amount of money that would be needed to fund the program for the remainder of the year was underestimated. Therefore, RSVP is requesting that the City Council appropriate $921.95 to fund this program for eleven more weeks until October 1, the beginning of their new fiscal year. Mr. Day explained that the program began with a full - time coordinator, but the coordinator's time was reduced to 19 hours a week when the group realized that available funds would not permit the continued employment of a full -time co- ordinator. The part -time coordinator is sufficient to keep the program in Baytown functioning in a well organized manner. There have been senior volunteers in Baytown for ap- proximately four years, but the Retired Senior Volunteer Pro- gram has been operating with a coordinator for approximately one year. After October 1, this program will be sufficiently funded by the state and federal government; therefore, this is the only time that this type request will be made to the Council for this particular program. The funds for this allocation would come from revenue sharing funds which were allocated for senior citizens' pro- grams. Originally, the funds were proposed for the taxicab program which has since been funded by other means. The Administration recommended approval of the ordinance. Councilman Lander moved to adopt the ordinance; Council- man Kimmons seconded the motion. Councilwoman Wilbanks asked that Mr. Day report to Council during the program's second year so that Council will be informed as to the progress of the program even though the city will not be directly involved in its funding. Mr. Day said that he would be glad to furnish the Council with a brochure prior to the end of the next fiscal year on the progress of the program. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6318 Minutes of the Regular Meeting - July 14, 1977 ORDINANCE NO. 2260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO ATTEST TO A CONTRACT WITH THE RETIRED SENIOR VOLUNTEER PROGRAM FOR THE REGISTRATION, RECRUITMENT, AND COORDINATION OF SENIOR VOLUNTEER COMMUNITY SERVICE. Ordinance - Changing Speed Limits on Certain Streets Councilman Hutto requested that this item be placed on the agenda. Councilman Cannon, Chairman of the Council's Traffic Committee, explained what action the Committee had taken regarding the request for certain speed limit adjustments. The Committee considered changing the speed limit on McKinney Road from Massey Tompkins to Highway 146 from the present 30 m.p.h. to 40 m.p.h., and voted unanimously that this speed limit should remain 30 m.p.h. The proposed ordinance reflects that consideration was given to the section of Ward Road from Highway 146 to Kilgore; however, the Council already has granted a change for the section from Narcille to Kilgore from 30 m.p.h. to 40 m.p.h. Therefore, what the Council's Traffic Committee was really considering was a change in the speed limit from Narcille to Highway 146. The majority of the Committee voted to change the speed limit from 30 m.p.h. to 35 m.p.h. rather than the 40 m.p.h. suggested. Councilman Cannon commented that he had voted against the Com- mittee's recommendation. Regarding the section of Cedar Bayou Road from Main Street to Highway 146, the request was that the speed limit be altered from 30 m.p.h. to 40 m.p.h. Again, the Committee voted to recommend that the speed limit be altered to 35 m.p.h.; Councilman Cannon voted against this recommendation. The Committee was also requested to consider that the speed limit for the section of Park Street from Airhart Drive to Bayway Drive be altered from the present 35 m.p.h. to 4S m.p.h. The Committee requested that action on this item be postponed so that the Com- mittee will have time to look at the traffic situation on Park and consider the request again at its next meeting. The Commit- tee in general would be in agreement to change most of Park Street; however, there are a couple of problem areas. One such area is the corner just behind Ramada Inn and the area just off Bayway Drive. This concluded the recommendations of the Council's Traffic Committee. Councilman Hutto stated that he had requested that this item be placed on the agenda at the request of a considerable number of Baytown residents who felt strongly that the present limits were outdated and do not reflect the true speed on these streets. He explained that he had made his own survey by traveling these streets to find that traffic was moving safely on these streets at 40 m.p.h. with regard to Park Street, Councilman Hutto stated that the speed limit could be adjusted to a lower speed for the problem areas. Councilman Kloesel addressed his comments to Cedar Bayou, McKinney and Ward Roads by concurring with what Councilman Hutto had stated, and subsequently moved that an ordinance be adopted setting a speed limit of 40 m.p.h. for the following streets: Cedar Bayou Road: Main Street to Highway 146 McKinney Road: Massey Tompkins Road to Highway 146 Ward Road: Narcille to Highway 146 Councilman Hutto seconded the motion. Council expressed some concern that the speed limit in the vicinity of the Little League Ball Park during the baseball season would be 40 m.p.h. and asked if there would be some means of slowing 6319 Minutes of the Regular Meeting - July 14, 1977 the traffic down during this period. Mayor Gentry pointed out that this would be a hazard similar to a school zone, and there- fore, temporary signs probably could be erected during the Little League season. Councilman Lander commented that since the Council's Traffic Committee is appointed to study traffic conditions and make recom- mendations to Council, he would have to rely on their expertise in traffic matters and would, therefore, support the Traffic Com- mittee's recommendations. Councilman Hutto explained that he was not taking exception to any member of the Traffic Committee; however, he felt that in many instances citizens had more exposure as to the amount of traffic flow and at what speeds than the Committee. Councilman Cannon pointed out certain conditions that should be considered in the decision regarding these speed limit adjust- ments as follows: Cedar Bayou Road is a narrow street which needs to be repaired. This street has fairly deep ditches with a great number of culverts. Therefore, from a defensive driving stand- point, if a driver were to try to avoid hitting another vehicle, there would be the possibility of hitting a culvert at a higher rate of speed. Most of the people who live on Cedar Bayou must back out of their driveways. On McKinney Road, there are the same problems. Ward Road is intersected by Tenth and Danubina which are both heavily traveled. There is a fire station on this street and there will be a new subdivision soon with approximately 45 houses, whose occupants will be traveling Ward. There is a Baptist Church which empties onto Ward, and as stated previously, the Little League Ball Park. In view of all these considerations, Councilman Cannon recommended that the speeds be maintained at the present 30 m.p.h. Counci 17 Street were is Narcille Ayes: Nays: lman Hutto pointed out that both Danubina and Tenth not cross streets; the only cross street on Ward Road which is regulated by a signal. The vote follows: Council members Kloesel, Wilbanks and Hutto Mayor Gentry Council members Lander and-Cannon Abstained: Councilman Kimmons ORDINANCE NO. 2261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING SPEED LIMIT ZONES BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN, AS SET OUT IN THIS ORDINANCE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200) DOLLARS FOR VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Mayor Gentry suggested that the Administration report back to Council with a recommendation concerning the Little League Ball 17 Park. Ordinance - Granting Two Cathodic Protection Easements to United Texas Transmission Company This utility easement is in the area that the city purchased at the time that the perimeter road was being built to get fill material. There are easements for the pipelines that go through this area, and nothing could be built there without being elevated. 6320 Minutes of the Regular Meeting - July 14, 1977 The City Attorney feels that the existing conveyance gives United Texas Transmission Company the authority to proceed; however, their attorney feels that an additional conveyance is required. The Tax Assessor - Collector feels that there is no change in value since the company's rights are not altered. The Administration recommended that the ordinance be approved. Councilman Kloesel moved to adopt the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CONVEYANCE OF CATHODIC PROTECTION EASEMENTS UNDER, UPON, OVER, AND THROUGH LANDS OWNED BY THE CITY OF BAYTOWN AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST INSTRUMENTS GRANTING SUCH EASEMENTS TO UNITED TEXAS TRANSMISSION COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Designating No Wake Zones At the last Council meeting, Council passed an ordinance authorizing the designation of no wake zones. The ordinance indicated that the specific locations are to be designated by the City Council. This ordinance would designate two such zones -- Cedar Cove Canal, the canal adjacent to Roseland Park and Cary Bayou, from Raccoon Drive Bridge to Cedar Bayou. These are the two areas where there have been complaints regarding problems caused by wakes. The Administration recommended approval of the ordinance. Councilman Hutto questioned considering both these areas in one ordinance since he had received two calls from residents of the Cary Bayou area who stated that, as a whole, the residents were not as concerned about wakes as had been mentioned earlier. Therefore, he requested that these areas be considered separately in order that the residents of the Cary Bayou area could make their views known. Councilman Kloesel moved to adopt the ordinance deleting under Section 1, Item (b), Cary Bayou; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING CEDAR COVE CANAL AS A NO WAKE ZONE; REPEALING ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Authorizing Sale of Utility Easement in Allenbrook Subdivision An error was make in the placement of the garage at 4005 Edgebrook which was discovered after the foundation was in place, along with part of the building. The garage extends into the 6321 Minutes of the Regular Meeting - July 14, 1977 city's easement approximately 2.8 feet. Therefore, Alliance Bible Church has requested that the city sell the portion of the easement on which the garage is located. The value placed on this portion of the easement by Glen Erwin, Tax Assessor - Collector for the City of Baytown, is $100.00. The City would be assured that, if in the future the city or any other legiti- mate users of the easement, had to dig up their line, they would not be held liable for any damage. This assurance is provided in Section 1 of the ordinance which states that the sale is conditioned upon the execution of a proper release and hold harmless agreement. Councilman Kloesel moved for the adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ABANDONING A PORTION OF THE UTILITY EASEMENT ADJACENT TO LOT 2, BLOCK 5, SECTION 1, ALLENBROOK SUBDIVISION, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SUCH INSTRUMENTS AS ARE NECESSARY FOR SUCH ABANDONMENT, IF ANY; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Ordinance - Authorizing the Sale of City -Owned Property There is a proposed patio -type subdivision just off Ward Road behind the Fire Station. In order to acquire the necessary right of way to dedicate this street, if he so desires, and to provide a 900 angle at the point of intersection with Ward Road, the owner of the subdivision, Mr. Branscome, has requested authorization to purchase this property. The Tax Assessor - Collector has appraised the fair market value of the property to be $1,100.00. The Administration recommended approval of the ordinance. Councilman Lander moved to adopt the ordinance; Councilman Kimmons seconded the motion. Council expressed some concern with regard to the possibility that this would be a private drive in that the city would not have access for police or fire protection, but it was pointed out that this would be the same situation as that of an apartment complex. Councilman Kloesel felt that there was not sufficient time to study the matter and moved to table the item until the next meeting; the motion to table died for lack of second. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel ORDINANCE NO. 2265 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CONVEYANCE OF CITY OWNED PROPERTY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 6322 Minutes of the Regular Meeting - July 14, 1977 Ordinance - Limiting Maximum Gross Vehicle Axle Loads for Vehicles Transporting Ready -Mixed Concrete within the City of Baytown The last legislature made some changes in the state law which would increase the load limits for certain types of vehicles, specifically ready -mix vehicles that would be operating on City streets and state highways, other than the Interstate System. If cities do not want these increased load limits to be applicable in their city, then city councils must take action to prevent that law from being effective. Material from the American Automobile Association, a letter from the State Department of Highways and Public Transporation, and a letter from Mayor Hofheinz regarding this matter was included in the Council packets. Ken Powers, City Engineer, has indicated that streets in the City of Baytown, both concrete and asphalt, are not designed to handle the excessive loads which would be permitted under this law. Councilman Kloesed moved to adopt the ordinance; Councilman Kimmons seconded the motion. Councilman Cannon asked if this would be any more restrictive than what the City was presently operating under. Mr. Lanham re- sponded that the weights included in the proposed ordinance are the weights which are now permitted on the city streets. The state law provides for weight limits on all other trucks. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2266 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," BY THE ADDITION OF A NEW SECTION 18 -69 PRESCRIBING MAXIMUM WEIGHT LIMITATIONS GOVERNING THE OPERATION OF VEHICLES USED TO TRANSPORT READY -MIXED CONCRETE OVER PUBLIC HIGHWAYS MAINTAINED BY THE CITY; PROVIDING FOR A PENALTY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Authorizing Contract with Harris County for Public Service Employment Program The Council authorized the Administration to make application for these funds, and notification has been received that the City's application has been approved for $379,366.00 to cover the salaries of 40 people for a period of one year. At the time the request was made for Council authorization to make application for these funds, the Administration had pointed out that there might be some diffi- culty in filling these positions even if the funding was provided due to the stringent guidelines. Since the application has been approved, the Administration requested approval of the contract in order that applicants who do qualify under those guidelines might be employed. Among the eligibility requirements are: (1) Persons receiving aid for dependent children; (2) Persons who are recently discharged veterans who have been unemployed since their discharge; (3) Persons who have either been unemployed and have received unemployment benefits for 15 weeks and have exhausted those benefits, or persons who have been unemployed for 15 weeks and because of the nature of their previous employment have not been eligible for unemployment benefits. 6323 Minutes of the Regular Meeting - July 14, 1977 (4) All these persons must fall within a general category of having a combined family income which is approxi- mately 708 of the poverty level standard for their family size. Councilman Kloesel was interested in learning exactly what the persons employed under this program would be hired to do. Dan Savage, Assistant City Manager, explained that there are 40 positions which must be services which the city previously did not provide, or an expansion of services. The persons hired under this program will be employed through funding from this program and when the funding ends, the city will not be respon- sible for continuing their employment. Councilman Kloesel moved to adopt the ordinance; Council- man Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2267 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY FOR A COMPREHENSIVE EMPLOYMENT AND TRAINING ACT GRANT UNDER THE EMERGENCY JOBS AND EMPLOYMENT ACT. Ordinance - Authorizing a Contract with Langford Engineering/ Texas Transporation Institute for Consulting Services for a Small Area Transit Study The Council approved the selection of these firms several weeks ago. The Consultants will gather information on travel patterns on both I -10 and State Highway 225 between Baytown and Houston. They will also survey major employers along the ship channel to develop home -work travel patterns and identify transit opportunities which might include both private and public bus services. The cost of this project is $20,000.00 with 908 being funded by the federal government. The expected working time is four months. Councilman Hutto moved to adopt the ordinance; Council- woman Wilbanks seconded the motion. Council Kloesel stated that he was not in agreement with the mileage . fee included in the budget detail for the project. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel ORDINANCE NO. 2265 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH LANGFORD ENGINEERING, INC. FOR CONSULTING SERVICES FOR A SMALL AREA TRANSIT STUDY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 6324 Minutes of the Regular Meeting - July 14, 1977 Ordinance - Awarding the Contract for the Construction of Water and Sewer Service Connections, Contract No. 77 -50 Two bids were received based on estimated quantities given the bidders. The bid tabulation follows: TOTAL $41,200.00 The water taps for both short and long side have increased $5.00 over the present contract, but water service - no tap has decreased from $10.00 to $1.00 and sewer taps for both long and short side have decreased $15.00; also the hourly rate has decreased from $40.00 to $25.00. The Administration recommended approval of the low bidder, Savell Contractors, who has been doing the work under the present contract. In response to a question from Councilman Kloesel, Mr. Lanham explained that most of the taps are being performed by the contractor. Councilman Kloesel suggested that possibly city personnel could be used to perform these taps. Council- man Hutto pointed out that the city was unable to keep up with the requests for taps prior to instituting the procedure of contracting for this service and that he did not feel that the city could do the work much more economically. Mr. Lanham pointed out that by contracting for this service, city crews were freed to repair water line breaks and to make sewer line repairs. Councilman Hutto suggested that perhaps the city could get into a program of this type for the repair of water leaks. Mr. Lanham pointed out that water leaks could not be corrected on unit price basis -- time and labor would be charged. Councilman Kimmons moved to adopt the ordinance; Council- man Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel ORDINANCE NO. 2269 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SAVELL CONTRACTORS FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER CONNECTIONS ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL NUMBER OF CONNECTIONS MADE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Savell Contractors Quantity Unit Price Total 1. Water Tap - Short Side 175 $ 90.00 $15,750.00 2. Water Tap - Long Side 125 $100.00 $12,500.00 3. Water Service - No Tap 100 $ 1.00 $ 100.00 4. Sewer Tap - Short Side 100 $ 50.00 $ 5,000.00 S. Sewer Tap - Long Side 20 $ 60.00 $ 1,200.00 6. Hourly Rates 225 $ 25.00 $ 5,625.00 TOTAL $40,175.00 Coastal Road Boring Quantity Unit Price Total 1. Water Tap - Short Side 175 $ 84.00 $14,000.00 2. Water Tap - Long Side 125 $ 80.00 $10,000.00 3. Water Service - No Tap 100 $ 10.00 $ 1,000.00 4. Sewer Tap - Short Side 100 $ 60.00 $ 6,000.00 S. Sewer Tap - Long Side 20 $ 60.00 $ 1,200.00 6. Hourly Rates 225 $ 40.00 $ 9,000.00 TOTAL $41,200.00 The water taps for both short and long side have increased $5.00 over the present contract, but water service - no tap has decreased from $10.00 to $1.00 and sewer taps for both long and short side have decreased $15.00; also the hourly rate has decreased from $40.00 to $25.00. The Administration recommended approval of the low bidder, Savell Contractors, who has been doing the work under the present contract. In response to a question from Councilman Kloesel, Mr. Lanham explained that most of the taps are being performed by the contractor. Councilman Kloesel suggested that possibly city personnel could be used to perform these taps. Council- man Hutto pointed out that the city was unable to keep up with the requests for taps prior to instituting the procedure of contracting for this service and that he did not feel that the city could do the work much more economically. Mr. Lanham pointed out that by contracting for this service, city crews were freed to repair water line breaks and to make sewer line repairs. Councilman Hutto suggested that perhaps the city could get into a program of this type for the repair of water leaks. Mr. Lanham pointed out that water leaks could not be corrected on unit price basis -- time and labor would be charged. Councilman Kimmons moved to adopt the ordinance; Council- man Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel ORDINANCE NO. 2269 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SAVELL CONTRACTORS FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER CONNECTIONS ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL NUMBER OF CONNECTIONS MADE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 6325 Minutes of the Regular Meeting - July 14, 1977 Ordinance - Final Payment of Sliplining Contract No. 76 -4 This is for the work that was done on Bob Smith Road, Walker, and McPhail, plus three change orders for additional work on lines along Sheridan, Fourth, Pearce, and Williams. The original contract, plus the change orders, was $171,208.00; the final cost is $161,089.25 or an underrun in excess of $10,000.00. The Administration recommended final payment. Councilman Lander moved to adopt the ordinance; Council- man Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2270 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE SLIP - LINING OF SANITARY SEWER LINES BY CHANNEL CONSTRUC- TION COMPANY, INC. FINDING THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE TERMS OF THE CON- TRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID CHANNEL CONSTRUCTION COMPANY, INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Detailed Plans and Specifications for Phase II Development of the Baytown Sports Complex Jim Hutchinson, with Busch, Hutchinson $ Associates, Inc., was present to discuss the plans and specifications for Phase II Development of the Baytown Sports Complex. As a financial review, Mr. Lanham explained that $353,000.00 had been earmarked for improve- ments to the Sports Complex. Included in this figure was $138,000 for a small building with the remainder of the funds being used for ball diamonds, tennis courts, and parking areas. Mr. Hutchinson explained that the new ball fields that were being proposed are a duplication of the two existing ball fields. In addition to the ball fields, there are some pathways proposed to connect the ball fields with an existing and improved parking lot and a new parking lot. Two tennis courts are to be built adjacent to or backing up to the existing tennis courts. Another item to be included in this contract is the maintenance building which will be added to the chlorine pump building now in existence. Mayor Gentry inquired what kind of participation was being received in the swimming program at the complex. Mr. Rountree, Director of Parks & Recreation, said that participation had increased 3,000 over last year. In response to a question concerning the parking areas, Mr. Hutchinson explained that the parking area now existing is shell and that the plan was to rework the shell, stabilize it, and put down a base to create a hard - surface parking area. Then, to the right of that the new parking area will also be asphalt. Mr. Hutchinson then briefly discussed the scorekeeper's building, the maintenance building discussed earlier, the construction details for the tennis courts, and electrical drawings. He pointed out that the tennis courts would be lighted similar to the existing courts, but alternate bids would be requested for metal haylite lights; at present quartz lights are being used. Alternate bids will be requested with regard . to the type stands for the lights; as present wooden poles are being used, but the alternate request will be for steel poles. Mayor Gentry questioned where the baseball fields which are to be built at the Jenkins - Holloway Park are to be located and if these fields are to be lighted. Mr. Rountree said that the fields would be located near the Sjolander side of the park and that they would be lighted. 6326 Minutes of the Regular Meeting - July 14, 1977 Mr. Lanham explained that these plans must be forwarded to the Parks $ Wildlife Department for their review. The Adminis- tration requested Council approval of the plans, with authorization to advertise for bids, unless the Parks $ Wildlife Department makes changes in the plans. Councilman Hutto moved for the approval of the plans, with authorization to advertise for bids, unless the Parks & Wildlife Department makes changes in the plans; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon - Mayor Gentry Nays: None Reject bids for Sandblasting and Painting Steel Structures at the West Main Sewage Treatment Plant The Adminstration had estimated the cost for sandblasting and painting steel structures at the West Main Sewage Treatment Plant to be approximately $4,000.00. Coastal Tank Lining was the only company to bid for the amount of $7,325.00. The Administration felt that by rejecting this bid, more bids would be received which would be more competitive. The recommendation was to reject the one bid received and to readvertise. Councilman Kloesel moved to reject the bid of Coastal Tank Lining and to readvertise for bids; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Committee Reuorts None Unfinished Business None Recess and Reconvene The Mayor recessed the open meeting into executive session for the discussion of land acquisition. When the open meeting reconvened, Councilwoman Wilbanks moved to authorize the Administration to make an offer for the acquisition of park land on certain tracts of land, those being the Barcelona, McCandless, Crawford, Nacole, Casey and Graham Tracts, based on the low appraisal; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel Adj ourn There being no further business to transact, Councilman Kimmons moved to adjourn; Councilman Lander seconded the motion. The vote was unanimous in favor of adjourning. P Eileen P. Hall, City Clerk