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1977 08 25 CC Minutes70825 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 25, 1977 The City Council of the City of Baytown, Texas, met in regular session Thursday, August 25, 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 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 regular meeting of August 11, 1977, and ratification of actions taken concerning each of the matters listed on the agenda of said meeting; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None Receive Petitions None City Manager's Report The Administration has received a letter from a law firm that represents Southwest Video Corporation, which is CATV Company in Baytown, indicating that they would like to meet with the Council to discuss a rate increase for service to their customers. They are now charging $5.25 per month for primary service and would like to increase the charge to $7.50 per month, $2.00 a month for additional outlets, and $19.95 for connection. The Administration asked Council if they had any objections to placing this item on the next agenda and also if the public hearing could be held at the same time. Councilman Kloesel felt that it would be better to have the company make their presentation at the next meeting and to hold the public hearing about a month later. He felt that the public would have more time to react if the hearing could be held at a later time. After discussion, the Council agreeded that the best procedure to follow would be to have the Southwest Video Corporation make their presentation at a public hearing to be scheduled at the next Council meeting. At the last Council meeting, Councilman Kloesel requested that the City Attorney prepare an opinion on the use of patrol cars in a manner which benefits private enterprise. The memorandum which had been prepared by the City Attorney stated that Article II, Section 3 70825 -2 Minutes of the Regular Meeting - August 25, 1977 of the Texas Constitution prohibits any city from making a donation to any private corporation or association. This establishes the general rule that public money cannot be used for private purposes. The memorandum further stated that since Council has already deter- mined that the total impact program of the police department accom- plishes a legitimate public and municipal purpose, the program is not now unlawful merely because private enterprise may be indirectly benefited by the program. It follows that even if the use of the police vehicles in the total impact program indirectly benefits private enterprise, charging the benefited corporation is not required by law. Councilman Kloesel asked that this item be placed on the agenda for the next Council meeting. He stated that he felt that Council is in violation of Article II, Section 3 of the Texas Constitution. Street Improvement Program - The cement operations have been completed on Eighth Street which completes the work on this street from Lobit to Ward Road with the exception of asphalt surfaces and that will be applied next week. Concrete driveways and sidewalks are being completed on the last two blocks of North Jones from James Street to Lobit. As soon as this work is completed, the contractor can begin cement operations and after that the asphalt can be applied. Community Development Program - Sidewalks are being constructed along Texas Avenue and Laredo Street; approximately 70% of this work is completed. Inlets are being built on Hunter Street. Approxi- mately 87% of the entire project has been completed. Sliplining - All of the lines in Hill Terrace have been installed and the taps have been completed. One thousand four hundred and forty feet of 6" liner has been installed on Terrace; 900 feet of 5" liner on Fortune Drive and S00 feet of 5" liner on Patsy Drive. This contract is about 55% complete. 7 Bayway Drive Water Main - Six hundred feet of pipe is in _- place. Market Street Bridge - Approximately 95% of the fill work has been completed and the contractor has driven 9 pilings. Sludge Dewatering Facilities at the East District Sewage Treatment Plant - The underground pipe and construction has been completed and all of the underground and ground level concrete work has been completed. The total job is approximately 50% complete. Questions or Comments Regarding the City Manager's Report Councilman Cannon asked that the Administration look into a proposed no smoking ordinance. He suggested that we might be able to obtain a copy from another city. Councilman Cannon also would like to know if such an ordinance would be enforceable. Councilman Cannon and Kloesel commented on the fact that rail- road crossing devices throughout the city have failed due to mechan- ical problems. Mr. Lanham explained that he had talked with the railroad company about the signal on Airhart Drive and it has been repaired. Receive Board of Equalization Report Mr. Lamar Kelley appeared on behalf of the Board of Equalization to answer any questions that the Council might have concerning the report of the Board. Mr. Kelley reported that on June 1, 1977, the Board of Equalization was organized and Charles 0. Walker was elected chairman. At the above mentioned meeting, the Real Estate and Personal 70825 -3 Minutes of the Regular Meeting - August 25, 1977 Property Evaluation Manuals were discussed. After discussion and inspection of the manuals, they were adopted by the Board. As a final order of business for this meeting, the dates for Public Hearings were set. The meeting was adjourned until July 7, 1977, which was the first day of the Public Hearings. During the five days of Public Hearings and one work session, the Board of Equalization met with 34 taxpayers and discussed 44 property values. After hearing all the evidence presented by the taxpayers to the Board, the Board accepted the Tax Department's valuations or made ajustments that the Board deemed necessary to complete and equalize the Tax Rolls, which resulted in an assessed value of $355,554,485.00, based on 50% of fair market value. Councilman Cannon expressed appreciation to the Board for their efforts and time spent in this regard. Councilman Kloesel moved to adopt the Board of Equalization's report; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None A Representative of the Beautify Baytown Association Appeared Mrs. Eileen Caffey, a representative of the Beautify Baytown Association, appeared to ask the City Government not to let up on the mowing of weeds. They would like the city to step -up the enforcing of ordinances and do even more mowing. Hopefully, more equipment will be made available so that ditches and hard to get to places can be cleaned more regularly. She explained that they need someone assigned from the Administration to work with the group in studying the ordi- nances and procedures in order to come up with recommendations for revising or improving the present situation. Mrs. Caffey explained that the Association is responsible to the citizens who are calling and writing to them daily, and that their biggest priority has always been fighting weeds, brush, rubbish and litter due to the health hazards and unsightly conditions produced. The Association asked for Council's support on this matter. Consider Statement of Houston Lighting and Power Company Cost of Service Adjustment and Fuel Cost Adjustment for September, 1977 Council has received a copy of the statement of Houston Lighting and Power Company Cost of Service Adjustment and Fuel Cost Adjustment for September, 1977. The fuel cost adjustment from August to Septem- ber, 1977, equals $.64 over the month of August, 1977 for a user of 2,000 KWH. In response to a question from Council, Mr. Jim Parsons, a representative from Houston Lighting and Power explained how the under- recovery of fuel cost occurred in June. He explained that the fuel cost adjustment is calculated on the estimate of fuel cost upon the number of KWH that will be used during that month and also by the number of KWH that will be billed. What occurred was that the KWH used during the month and the KWH billed exceeded the estimate because there was warmer weather than anticipated. Councilman Kloesel commented that he felt the rate of return on common equity was a bit high. Mayor Gentry paused to say that anyone who felt like they wanted to be heard at the public hearing either on Revenue Sharing Funds or the Discussion of the Proposed Budget for the 1977 -78 Fiscal Year, should register on the forms provided in the hallway in the back of the Council Chamber. 70825 -4 Minutes of the Regular Meeting - August 25, 1977 Ordinance - Approving the Second and Final Reading on the Proposed Annexation of Certain Property Belonging to Houston Lighting and Power Company A public hearing was held on this proposed annexation, and there was no opposition to the annexation. This annexation is being proposed in accordance with the City's Industrial District Policy. The Administration recommended approval of the second and final reading of the ordinance on this proposed annexation. Councilman Kimmons moved for the adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2258 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Ordinance - Approving .the Second and Final Reading on the Proposed Annexation of Chaparral Village, Sections IV and V A public hearing was held on this proposed annexation and there was no opposition to the annexation. The Administration recommended approval of the second and final reading of the ordinance on the proposed annexation. Councilman Lander moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows. Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2259 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Ordinance - Assigned Newly- Annexed Territory to Proper City Council District (Houston Liahtine and Power Company Property) After a parcel of property is annexed into the City, it must be assigned to a Council District. This ordinance would assign the newly- annexed territory belonging to Houston Lighting and Power Company to Council District No. 4. The Administration recommended approval of the ordinance. Councilman Cannon moved for the adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None 70825 -5 Minutes of the Regular Meeting - August 25, 1977 ORDINANCE NO. 2293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES BY THE AMENDMENT OF CHAPTER 10, "ELECTIONS," BY THE ADDITION OF A NEW COUNCIL DISTRICT NO. 4 IN ORDER THAT THE NEWLY ANNEXED TERRITORY OF HOUSTON LIGHTING AND POWER COMPANY'S CEDAR BAYOU PLANT SITE MAY BE INCLUDED IN THE PROPER COUNCIL DISTRICT; REPEALING ORDINANCES INCONSISTENT HEREWITH AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Assigned Newly- Annexed Territory to Proper City Council District (Chaparral Village, Sections IV and V) This ordinance would assign the newly- annexed Chaparral Village, Sections IV and V to Council District No. S. The Administration recommended approval of the ordinance. 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. 2294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES BY THE AMENDMENT OF CHAPTER 10, "ELECTIONS," BY THE ADDITION OF A NEW COUNCIL DISTRICT NO. 5 IN ORDER THAT THE NEWLY ANNEXED TERRITORY OF CHAPARRAL VILLAGE, SECTIONS IV AND V MAY BE INCLUDED IN THE PROPER COUNCIL DISTRICT; REPEALING ORDINANCES INCONSISTENT HEREWITH AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Public Hearing - Proposed Expenditure of Revenue Sharing Funds for Entitlement Period IX Mayor Gentry declared the public hearing on the proposed expen- diture of Revenue Sharing Funds for Entitlement Period IX in session. Mr. Lanham explained that a public hearing was held on August 4, 1977, at 6:30 p.m. in the Council Chamber of the Baytown City Hall on the proposed expenditure of Revenue Sharing Funds for Entitlement Period IX, October 1, 1977 through September 30, 1978. He explained that the City will receive approximately $522,139.00 during that period. After considering the requests made at that hearing, the Administration recommended the following: I. Two Fire Trucks . . . . . . . . . . . . . . . . . . $ 115,000 A pumper truck and a minipumper are needed to replace a 1951 American LaFrance 750 gpm pumper -� and a 1961 International tank truck. 2. Storm Sewer Materials . $ 75,000 These funds are needed to purchase materials for the drainage improvement work which the three drainage crews are doing throughout the City. 70825 -6 Minutes of the Regular Meeting - August 25, 1977 3. Drainage Equipment . . . . . . . . . . . . . . . $ 82,000 A new piece of drainage equipment is needed to replace the 1971 Gradall which has required extensive repairs. The 1971 Gradall would be retained as a backup machine when other drainage equipment is out of service. 4. Management Information System . . . . . . . . . $ 6,000 The Public Works Department accumulates a lot of information on water, sewer, street, and vehicle problems. These funds would be used to lease equipment to develop an automated information system which would keep track of work orders and service records for the Public Works Department. S. Police Garage . . . . . . . . . . . . . . . . . $ 63,000 The present Police Garage is located next to the Fire Administration Building. It was built over 30 years ago. In addition to being overcrowded, it is not equipped to do all of the work that should be done. The funds requested would be used to construct and equip an eighty by forty foot building with two lifts, a front end alignment machine, two work benches, a parts room, a grease rack, and an air compressor. 6. Hike and Bike Trail . . . . . . . . . . . . . . $ 50,000 These funds would be used to construct a two -mile hike and bike trail on the Harris County Flood Control Easement between Sterling High School and League of Women Voters' Park. Federal matching funds would be sought for this project. The trail would be a five -foot wide asphalt trail with two - foot bridges across drainage ditches. 7. Slope Mower . . . . . . . . . . . . . . . . . . $ 20,000 The 1968 slope mower which the Parks Department is using for right of way mowing is no longer dependable. These funds would be used to purchase a new replacement. 8. Street Striper . . . . . . . . . . . . . . . . $ 48,000 The present street striper which the Planning and Traffic Department uses is a 1972 model which requires considerable operating skills and which can only be operated under limited temperature and traffic conditions. The proposed piece of equip- ment is easier to operate and it can be used under wider variety of temperature and traffic conditions. It is also capable of doing more striping because of its travel speed and paint capacity. 9. Demolition of Dilapidated Buildings . . . . . . $ 20,000 These funds would be used to continue the demolition of dilapidated buildings under the Urban Rehabilitation Standards Program. 70825 -7 Minutes of the Regular Meeting - August 25, 1977 10. Library Materials . . . . . . . . . . . . . . $ 20,000 The present library collection includes about 90,000 books, or only 1.6 books per capita. With the City's continued growth, it will be necessary to purchase many additional materials in order to keep pace with community demand. The average cost per book for 1976 was $16.32. These funds would be used to purchase books and other materials to keep pace with the community demand for library service. 11. Animal Sterilization Program . . . . . . . . $ 15,000 Under the experimental sterilization program, the City provided funds to sterilize 300 animals. Since the program started in June, over 250 vouchers have been issued. These funds would be used to continue this steril- ization program in an effort to control the overall animal population. 12. Water Meter Replacement . . . . . . . . . . $ 8,139 These funds would be used to replace old mechanical drive water meters with new magnetic drive meters. Many of the old meters are from fifteen to twenty years old and they are becoming less accurate as time goes by. After the presentation of the recommendations, Mayor Gentry went down the list to call on the individuals who wished to speak. Mrs. Eileen Caffey commented that she wished to speak at the public hearing to be held at 7:15. Mr. Paul Edwards, Chairman of the Library Board, explained that his purpose for speaking at this hearing was to reassure the members of the Council that the Library Board had examined the budget very carefully. He said the Board felt that the funds requested were very necessary to the continued growth of the library, and he commented that the Board earnestly solicits the support of Council for this grant. Mr. John Donnelly endorsed -the request for the money for the fire equipment. Mr. Donnelly commented that he wanted his name listed under both hearings. He explained that on August 11, 1975, a letter had been written to the Administration requesting a room for the Volunteer Firemen at Station 6 where they could meet, keep records, and train. Mr. Donnelly stated that at that time he was informed that there was no money available for this purpose, but this matter would be considered in the 1975 -76 budget. Mr. Donnelly continued to say that up to this time no funds have been allocated for the room. He also requested that the Volunteer Fire Department be given adequate equipment for training and keeping of records. He commented that the Volunteer Firemen have had trouble in the past obtaining equipment and furnishings for the meeting places they have at the present time. Mr. Donnelly requested that Council give careful consideration to appropriating funds for the Volunteer Firemen for the purposes mentioned above. Mrs. Jeanne Marie Morlan, President of Friends of Sterling Municipal Library, was present in behalf of the Friend's organization to urge Council to approve the Revenue Sharing Budget which had been recommended by the City Administration. She explained as a group of active library users, the organization understands how urgently 70825 -8 Minutes of the Regular Meeting - August 25, 1977 these funds are needed by the library for materials. Mrs. Morlan explained that this year combined Revenue Sharing and General Fund Budget for books reflected no increase over the past fiscal year. The library cannot supply the quality of services the citizens of Baytown need with a book collection that falls below the minimum requirement or recommendation for per capita population in our community. To compensate for increased inflation, population growth, and the tremendous explosion of library use, the library must have the $20,000.00 Revenue Sharing Funds. Mrs. Morlan thanked the City Council for the support they have given the library. Mr. Jimmy Foster was speaking in behalf of the streets and drainage materials that are needed. As a resident of Wooster Heights Subdivision, Mr. Foster explained that streets in this neighborhood are in very bad condition. He specifically mentioned Colburn and Foster Streets as being in very poor condition. He requested that Council give this request consideration and that Council come look at the condition of these streets. Mrs. Virgie Devereaux inquired if there were any Revenue Sharing Funds that could be allocated toward helping the Senior Citizens so that they can live in their own homes. Mr. Lanham explained that a portion of previous allocations of Revenue Sharing Funds were set aside for Senior Citizens program such as the Senior Citizens Transportation Program. Mr. Lanham explained that City Council had taken action several months ago to increase the exemption for roperty owners over the age of 65, from the present $4,000.00 to 7,000.00, and this will be reflected in the new budget. Mrs. Devereaux explained that she needs to have her house raised because rainwater stands under her house and in her yard, and that she would need funds for this purpose. Mr. Lanham explained that he was not sure if Revenue Sharing Funds could be used to help Senior Citizens with problems such as this. Mayor Gentry commented that there are probably federal programs that provide some funding for some improvements on private property but to his knowledge, those funds have never been allocated through the city. Mr. Lanham commented that he believes some of the community development funds can be used for this kind of activity. An individual from the audience commented that there were some federal funds avail- able toward the support of the program for the aging and stated that the Administration would be contacted in this regard. Mr. Lanham pointed out that the city is receiving funds for Community Development through Harris County. The work that is under- way in Central Heights is being funded under Community Development. The City received about $300,000.00 for the first year and expects to receive about $500,000.00 next year, but the funds must be spent in the target areas which have been defined by the City Council. Councilman Hutto asked that the Public Works Department check the area where Mrs. Devereaux resides and try to help alleviate part of the drainage problem. Councilman Kloesel felt that the Revenue Sharing Funds should be expended for the fire equipment, storm sewer materials, drainage equipment, bike trails, and slope mower. However, he felt that the remainder of the funds would be helpful in building a bike trail and walkway across Goose Creek Stream. 70825 -9 Minutes of the Regular Meeting - August 25, 1977 Public Hearing - Proposed Expenditure of Budgeted Funds for the 1977 -78 Fiscal Year Mayor Gentry declared the public hearing on the proposed expenditure of budgeted funds for the 1977 -78 fiscal year in session. Mr. Lanham explained that the budget that the Administration recommended to Council totalled $14,109,434.00 This is almost a 26$ increase over the current year. The increase is $2,906,000.00. The General Fund Budget, which is for those operations of the City other than water and sewer operations and includes the fire, police, streets and drainage, and other departments of the City, has been increased $1,563,229.00. The water and sewer budget has been increased $1,032,459.00. Percentage -wise, the water and sewer budget is the largest increase of the four separate funds that are included in the proposed budget. The Waterworks and Sanitary Sewer Interest and Sinking Fund, which is the fund from which principal and interest on water and sewer improvement bonds that have been issued through the years are paid, has been increased by $43,522.00 The General Obligation Interest and Sinking Fund, which is the fund from which principal and interest for bonds that have been issued through the years for construction of such things as the library, storm sewers, streets, police building, etc. are paid, has been increased by $267,629.00. Mr. Lanham explained that the City has issued the bonds and now the City must pay the principal and interest on these bonds. This item has been increased almost 18 %. Two million nine hundred thousand dollars is a large increase but 2/3 of this which would be $1,913,000.00 can be accounted for in four categories of expenditures. One of these would be in Capital Outlay for the amount of $510,000.00, but part of this would be for increasing the amount of money that the City will spend on street rebuilding. Bond Fund requirements have been increased by $310,000.00. Salaries for employees totalled about $600,000.00. Baytown Area Water Authority bonds must be sold in order to move ahead in the construction of the water treatment plant which would be $473,000.00. Mr. Lanham explained that other items that have been increased are some of the same things that each individual experiences in their own home such as energy cost and inflation. The Administration also made the recommendation for an additional 17 employees. No major changes have been made in the level of services and no new programs have been recommended in this budget. Mr. Lanham commented that a copy of the proposed budget has been on file in the City Clerk's office for citizens to come in and review the budget. Councilman Kloesel inquired to how many citizens were in to review the budget and he was informed that only one person had asked to review the budget. Councilman Kloesel stated that the public needs to be aware that the budget is available and felt that copies should be made available at the library with signs posted that the budget is available for citizens to review. Mayor Gentry recognized Mrs. Eileen Caffey who explained that the first request for funds to join the Clean Community System was originally presented as part of the Revenue Sharing Funds but Mr. Lanham had suggested probably this item should be considered in the City Budget. 70825 -10 Minutes of the Regular Meeting - August 25, 1977 Mrs. Caffey explained that she would like the City of Baytown to join the Clean Community System. The attitudes of Baytown citizens must change before any anti - litter program can succeed on a permanent basis. This can be accomplished by Baytown becoming certified in the Clean Community System. Mrs. Caffey commented that through this program litter was reduced by 75% in Macon, Georgia. Three years ago, Keep America Beautiful, Inc. developed and tested a behavioral based citizen's approach that reduced litter. Every theory was put to test in a real thorough situation in three cities, Charlotte, North Carolina Macon, Georgia, and Tampa, Florida, and they learned as much from what did not work as what did work. The Clean Community System Program is not a cleanup campaign but it is a genuine effort on the part of the residents of a given community to change the normality systems and the behavioral patterns about trash and in effect, develop a new cleaner way of life. It takes trained people to launch the program, dedicated people to carry it out, and time, patience and talent to make it work. It is not to be taken lightly and is not intended to put an extra load on the City, but instead, it is designed to help ease the load. It is not a city program, but it is important that the City request and endorse this program. First of all, a certification application is to be sent in, the form is designed to encourage sponsors, local government, business and civic groups to give pledges and encourage cooperation from the community, especially from the Public Works Department and the Sanitation Department. Second, a team of three people are appointed to be trained -- one from local government, one from business or industries, and one city organizational representative for two full days. The registration fee for each of these people is $75.00 plus their transportation charge, lodging and food, which amounts to approximately $200.00 per person, depending on where geographically these classes will be held. In addition, the cost would be $125.00 for program materials which would consist of slide presentations, organizing guides, analysis forms, and everything needed to get started. The Clean Community System also furnishes on -site counseling after training. Third, communications would be received that will be designed to be flexible and dynamic to help grow and improve through experiences, new ideas, and techniques. Finally, Keep America Beautiful will provide posi- tive reinforcement. It really means telling people that you have done a good job and to keep it up through publicity. Mrs. Caffey is requesting that funds of $3,000.00 - $5,000.00 be made available for the first year's expenses. This would cover such things as meeting expenses, audio - visual equipment, stationary, brochures, etc. Also a Clean City Community coordinator is needed with secretarial help, office space and telephone. Prime resources of revenue after the first year are from the City businesses, indus- tries, and civic organizations. Mrs. Caffey explained that when the City of Baytown is ready to apply for certification, a guide will be sent to follow to obtain information and pledges of cooperation needed for certification. The project cannot get underway until a team of three people are trained. She urged Council to consider adopting this system for the City of Baytown. This plan will involve the entire community and it is a community -wide endeavor which deals with all problems in an orderly and logical way using four components: 1) updated ordinances, 2) improve sanitation technologies, 3) continuous public education, and 4) vigorous enforcement of regulations. Mrs. Caffey explained that the presentation was cut short because of the long agenda for this meeting, but that she hoped that Council had enough information to understand why the $3,000.00- $5,000.00 should be allowed in the budget for the Clean Community System to become a reality in the City of Baytown. She said that the support of the city government in this project is a necessity. 70825 -11 Minutes of the Regular Meeting - August 25, 1977 Mr. Donnelly, who spoke earlier, commented that he came by City Hall to get a copy of the budget or the section concerning the fire department but he could not make out which department was which. Mr. Donnelly felt that he was not welcome to partici- pate in the work sessions on the budget items. He also said that in prior years the Volunteer Firemen received a lower grade of equipment than the paid firemen, and felt that the Volunteer Firemen should be protected with the same type of equipment as paid firemen. Mayor Gentry inquired if there was anyone else who would like to be recognized at the public hearing. As no one indicated that they would like to be recognized, Mayor Gentry declared the public hearing on the proposed budget closed. Mr. W. J. Jackson Requested to Appear Mr. Jackson appeared to request Council to forgive penalty and interest which he felt had been wrongfully charged to him. It appeared that Mr. Jackson had been charged taxes, together with penalty and interest on 4 acres of property since 1960, when in fact, he actually owned 1 acre with a house located thereon. Mr. Glen Erwin, Tax Assessor - Collector, stated that a correction had been made in 1968, reducing the taxes according to the property owned by Mr. Jackson. Mayor Gentry inquired if Mr. Jackson had paid the taxes on the 1 acre of land through the years. Mr. Jackson responsed that he had not due to the fact that some of the statements that he had received were taxes due on 4 acres of land with penalty and interest being charged to him. Ater further discussion, Mr. J. B. LeFevre, Director of Finance, asked that he may make an audit on Mr. Jackson's tax account and report back to Council with all the details. Mr. Neel Richardson, City Attorney, requested that Mr. Jackson give the Administration copies of the tax statements that he had been referring to. Mayor Gentry commented that this item will be placed on the agenda for the next Council meeting. Mrs. Claudia Walker Appeared Mrs. Claudia Walker appeared and made a lengthy presentation to Council suggesting that the developer of a subdivision be left with the discretion of whether sidewalks should be included or not. A complete copy of this presentation is on file in the City Clerk's office. Mrs. Mary Buie asked to be recognized. She lives in Section of Chaparral Village and favors sidewalks. She requested Council to take action to the effect that sidewalks be put in Section 3 of Chaparral Village at the earliest convenience. Consider Approving the Baytown Sports Complex Neighborhood Center Concept and Authorizing Busch, Hutchinson and Associates to Proceed with Detailed Plans and Specifications Mr. Jim Hutchinson of Busch, Hutchinson and Associates and Mr. Lowell Lammers, Consulting Architect for Busch, Hutchinson and Asso- ciates, were present to review and answer any questions on the model and floor plan of the building. The building is rectangular in shape 70825 -12 Minutes of the Regular Meeting - August 25, 1977 with fairly wide overhanging.eaves all around the building. The approximate usable square footage of the building is 4200 square feet, and the floor plan consists of meeting rooms, kitchen, office space, etc. The plan design for the Baytown Sports Complex Neigh- borhood Center has been approved by the Parks and Recreation Advisory Board with a recommendation to be made to Council. In response to questions from Council, Mr. Hutchinson explained that the building will be located in the area between the softball fields and the swimming pools and the lobby area will face East Road. Mr. Hutchinson explained that the meeting rooms can be partitioned off to make separate meeting rooms. Councilman Kloesel commented that he felt it would be a greater advantage to have the kitchen facilities located at one end and have the extra space for a room that could hold a large group of people. He also stated that he felt 2/3 of the building should be totally open instead of the concept similar to the Community Center. In response, Mr. Bobby Rountree, Director of Parks and Recreation, commented that the building will contain 2 large rooms that can be partitioned off to make 4 small meeting rooms. The large room could hold a capacity of 150 to 200 people. The kitchen was designed similar to the Community Center because 4 meeting rooms could use the same kitchen area without interrupting the other area. Councilman Kloesel stated that it would be a less costly operation if a large auditorium could be built similar to Roseland Park with a kitchen area. Mr. Rountree commented that an open building with barbecue pits will be built during the Phase II Development of Jenkins - Holloway Park. Mayor Gentry requested that a ratio be given on the people requesting the use of the auditorium type rooms versus the meeting rooms. Mr. Rountree explained that he did not have adequate figures with him at the present time, but would be happy to furnish Council with the figures at a later time. Councilman Cannon inquired about the particular advantages in the design of the building because he felt that quite a bit of _ floor space will be lost with the overhanging eaves. Mr. Lammers responded that the overhanging eaves are to help conserve energy by keeping the sun from directly hitting the building and as an esthetic feature. Mayor Gentry inquired if anyone had measured what the potential energy saving will be in having the overhanging eaves? Mr. Lammers responded that someone had measured the saving but he did not have that information with him. He could give this report at a later date. Mr. Lammers also commented that the over- hanging eaves will be a shelter for people who are picniking in the area, watching baseball games, swimming, etc. when a thunderstorm comes up. Councilman Kloesel commented that he felt a building should be constructed that will be suitable for this location because of maintenance purposes. He stated that he was not convinced that small meeting rooms will be needed rather than a pavilion type structure. Councilman Hutto felt that the rooms should be acoustically satisfactory in order to conduct two meetings simultaneously. Council- man Kloesel commented that he does not feel like a person can compare the usage of the Community Center and the Neighborhood Center Complex because of the locations. He felt that the City should look at similar complexes to make comparisons. The Administration recommended approval of the proposed Neighbor- hood Center Concept and requested that authorization be given to Busch, Hutchinson and Associates to proceed with detailed plans and specifications for this building. Councilman Kloesel moved to table this item until further information can be gathered. The motion died for lack of a second. 70825 -13 Minutes of the Regular Meeting - August 25, 1977 Councilman Lander moved to authorize Busch, Hutchinson and Associates to proceed with detailed plans and specifications for this building; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons and Hutto Nays: Council members Kloesel and Cannon Mayor Gentry The motion did not pass due to a tie vote. Mayor Gentry called a ten minute recess. Ordinance - Amending Ordinance No. 899 to Exclude Certain Areas Located Within the Extraterritorial Jurisdiction of the City of Baytown from Industrial District No. 3 Mr. Lanham explained that this is the last step that is necessary in order to annex the portions of Houston Lighting and Power Property at its Cedar Bayou Plant. The ordinance amends Ordinance No. 899 which designates the boundaries of Industrial District No. 3 so that the Houston Lighting and Power property which has been annexed is excluded from that industrial district. The Administration recommended approval of the ordinance. Councilman Kloesel moved to adopt the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2295 + AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, !( TEXAS, AMENDING ORDINANCE NO. 899 TO EXCLUDE CERTAIN AREAS OF THE CITY OF BAYTOWN FROM INDUSTRIAL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending Chapter 26 of the Code of Ordinances Specifying New Standards for Sidewalks and Driveways Councilman Hutto requested that this item be postponed until a later time in the meeting. Ordinance - Repealing Civil Service Rules and Adopting New Civil Service Rules The proposed revisions were given to Council members about 10 days ago. These rules have been prepared by the City of Baytown's Personnel office in working with representatives from both the Fire and Police Departments, and approved and recommended by the the Civil Service Commission. The major changes are that the local rules have been shortened. They eliminated those areas where there were duplications of state law. The new rules will designate regular meeting times for the commission. The rules provide that the application procedure will be defined by the Civil Service Director. The new rules do not spell out the type of application form as in the old rules. Height requirements have been made uniform at 517" and an adjustment has been made in the weight requirements. Dis- qualifying defects are now listed in the new rules only in general terms with discretion resting with the medical examiner. Rule 3 70825 -14 Minutes of the Regular Meeting - August 25, 1977 provides that the tests or examinations may be given by the Personnel Director or his appointed examiners. It also provides that passing grades on entrance exams and police promotional exams will be set by the commission instead of being set at 70% as stated in the rules. Mayor Gentry inquired if this would solve the problem that Council has encountered with the Fire Department. Mr. Patterson, Personnel Director, commented that the percentage would be set before the exam and if not set prior to the exam, the Civil Service Commission would go to the 70%. 7 Procedure for commission review of appeals is explained in the new rules. The rules will also provide that the commission may amend the rules rather than coming before the City Council. Mayor Gentry commented that he was hesitant to give the Civil Service Commission the authority to amend the rules without Council's confirmation because Council is the only body that is elected by the people. Mayor Gentry inquired if there is a way to draw up an ordi- nance where the Civil Service Commission could amend the rules with the confirmation of the Council. Neel Richardson stated that the purpose of Article 1269M is to remove the police and fire service from any political influence. Another section in Article 1269M provides that in order to amend rules that are required by the Civil Service law, the statute said that the commission need not obtain the approval of Council. Councilman Kloesel felt that Council should be able to voice an opinion on the amendment of the Civil Service Rules'at which point the City Attorney asked to be excused to get article 1269M to read the portion to Council which would clarify the matter. Ordinance - Approving Change Order No. 1 to Sliplining Contract No. 77 -1 This change order would add two areas of the city to the contract. The work required includes the installation of 832 feet of 5 -foot liner and the making of 20 taps on the sanitary sewer line between Fleetwood and Rosewood from Memorial to Oakmont. The approximate cost of this would be $12,320.00. Also, the installation of 1368 feet of 8 -inch liner on the sanitary sewer line from Craigmont Boulevard to Village Lane is necessary and the approximate cost would be $16,074.00. Mr. Lanham commented that the necessity for this work is due to the deterioration and age of the sewer lines. Councilman Kloesel commented that he felt it would be a good idea to go out for bids on these two items. Mr. Lanham explained that a good bid had been received to begin with since the low bidder was $30,000.00 below the next low bidder. He explained that it would take 30 to 45 days before bids could be received, and the amount to be added is well below the percentage that can be added to a contract. The Administration recommended approval of the ordinance. Councilman Kimmons moved for the aodption of the ordinance; Councilman Cannon seconded the motion. Councilman Cannon inquired about where the funds will come from. Mr. Lanham responded that the funds will come from the 1975 Sewer Bond Funds. The vote follows: 7 Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None 70825 -15 Minutes of the Regular Meeting - August 25, 1977 ORDINANCE NO. 2297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH CHANNEL CONSTRUCTION COMPANY, INC. FOR THE SLIPLINING OF SANITARY SEWER LINES ON CERTAIN DESIGNATED STREETS IN THE CITY OF BAYTOWN AND PROVIDING FOR THE SLIPLINING OF SANITARY SEWER LINES ON CERTAIN DESIGNATED STREETS IN THE CITY OF BAYTOWN AND PROVIDING FOR THE EFFECTIVE DATE HEROF. Ordinance - Authorizing Final Payment for Sandblasting and Painting Steel Structures at West Main Sewage Treatment Plant Baytex Sandblasting and Painting, Inc. has completed work on the sandblasting and painting of the steel structures at the West Main Sewage Treatment Plant. This work was inspected by the City Engineer and the Director of Public Works and was found to be complete and satisfactory. The Administration recommended that Council authorize final payment for this work in the amount of $4,463.00. Councilman Kloesel 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. 2298 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE SANDBLASTING AND PAINTING OF THE STEEL STRUCTURES AT THE WEST MAIN SEWAGE TREATMENT PLANT BY BAYTEX SANDBLASTING AND PAINTING, INC. FINDING THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID BAYTEX SAND- BLASTING AND PAINTING, INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Repealing Civil Service Rules and Adopting New Civil Mr. Richardson read from Sections 5 and 23 of 1269M as follows, " ..the Commission shall make such rules and regulations for the proper conduct of its business as it shall find necessary and expedient; provided that no rules or regulations shall ever be adopted which will permit the appointment or employment of persons without good moral character or any person unfit mentally or physical or any person incompetent to discharge the duties of such appointment or employment..... The Commission shall cause to be published all rules and regu- lations which may be promulgated by it, and shall publish classifi- cations and seniority lists for each department, and such rules, regulations, and lists shall be made available upon demand. Whenever the Commission shall have adopted any such rules or regulations by a majority vote and shall have cause same to be reduced to writing, typed writing or printing, such rules and regulations shall there- upon be deemed to be sufficiently published and promulgated within the meaning of this Act and shall be valid and binding upon the Commission doing or causing to be done the following....... 70825 -16 Minutes of the Regular Meeting - August 25, 1977 The Director of Civil Service shall keep on hand copies of said rules and regulations for free distribution among the members of the fire and the police department requesting same, and said rules and regulations shall be kept available for inspection by any interested citizens. No additional publication by way of insertion in a newspaper shall be required and no action need be taken by the City Council or governing body of any such city with reference to said rules or regulations." The Administration recommended approval of the ordinance; Councilman Kimmons moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel ORDINANCE NO. 2296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AMENDMENT OF THE CIVIL SERVICE RULES OF THE CITY OF BAYTOWN, TEXAS, BY THE CIVIL SERVICE COMMISSION; AMENDING CHAPTER 8, "CITY CIVIL SERVICE FOR FIREMEN AND POLICE- MEN," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; REPEALING ORDINANCES INCON- SISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Authorization to Amend Engineering Contract with Langford Engineering, Inc. to Include Consulting Services for Designing Cathodic Protection Systems at East District and West Main Sewage Treatment Plants Electrolysis problems have been experienced at both plants which have resulted in equipment breakdowns. For this reason, the Administration would like to request that Langford Engineering, Inc., the firm responsible for the sanitary sewer work under the bond program, be authorized to design a cathodic protection system at both plants to prevent this problem. The estimated cost of construction is approximately $10,000.00. The city's contract with Langford Engineering sets out what engineering charges will be assessed. The Administration recommended that Langford En- gineering, Inc. be authorized to prepare the plans and speci- fications for the design of a cathodic protection system at both plants; this would be charged to 1975 Sewer Bond Funds. Councilman Kloesel moved to authorize Langford Engineering, Inc. to prepare plans and specifications for the design of a cathodic protection system at East District and West Main Sewage Treatment Plants; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None M1 70825 -17 Minutes of the Regular Meeting - August 25, 1977 Ordinance - Awarding Bid for Purchase of Fire Hose Three bids were received on August 18, 1977, for the purchase of fire hose. The tabulation of said bids follows: Fire Protection Serv. Claude Wright $ Assoc. ITEM QTY. DESCRIPTION Unit Extended Unit Extended Price Price Price Price 1 1,000' 1 #" Fire Hose $1.03 $1,030.00 $1.19 $1,190.00 11 2,000' 23� Fire Hose 1.51 3,020.00 1.63 3,260.00 Location of Parts $ Serv. Dallas, Texas Houston, Texas Warranty: 10 year 10 year Fire Fox Corporation Location of Parts $ Serv. South Houston, Texas Warranty: 10 year The low bid was that of Fire Protection Services for $4,050.00. The Administration recommended approval of the ordinance. Councilman Hutto moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF FIRE PROTECTION SERVICE COMPANY FOR THE PURCHASE OF FIRE HOSES ON A UNIT PRICE BASIS, WITH THE COMPEN- SATION TO BE BASED UPON THE ACTUAL FOOTAGE SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Changing Traffic Control Signs at Intersection of Missouri and Wyoming Streets By the adoption of this ordinance, the stop sign for the west bound traffic on Missouri would be removed, and a yield sign would be placed for the north bound traffic on Wyoming, which has more traffic. There has been some opposition to this change. Councilman Cannon explained that he had requested that this item be considered by the Traffic Committee because there is a definite problem with traffic south bound on Missouri cutting across the traffic that is east bound on Wyoming. The intersection is very confusing and therefore, could be dangerous. Councilman Kloesel felt that the control signs that are now in place should remain because if changed traffic would be backed up. Councilman Kimmons disagreed. Councilman Cannon further explained that this Unit Extended ITEM QTY. DESCRIPTION Price Price 1 1,000' 111" Fire Hose $1.15 $1,150.00 11 2,000' 211" Fire Hose 1.65 3,300.00 Location of Parts $ Serv. South Houston, Texas Warranty: 10 year The low bid was that of Fire Protection Services for $4,050.00. The Administration recommended approval of the ordinance. Councilman Hutto moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF FIRE PROTECTION SERVICE COMPANY FOR THE PURCHASE OF FIRE HOSES ON A UNIT PRICE BASIS, WITH THE COMPEN- SATION TO BE BASED UPON THE ACTUAL FOOTAGE SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Changing Traffic Control Signs at Intersection of Missouri and Wyoming Streets By the adoption of this ordinance, the stop sign for the west bound traffic on Missouri would be removed, and a yield sign would be placed for the north bound traffic on Wyoming, which has more traffic. There has been some opposition to this change. Councilman Cannon explained that he had requested that this item be considered by the Traffic Committee because there is a definite problem with traffic south bound on Missouri cutting across the traffic that is east bound on Wyoming. The intersection is very confusing and therefore, could be dangerous. Councilman Kloesel felt that the control signs that are now in place should remain because if changed traffic would be backed up. Councilman Kimmons disagreed. Councilman Cannon further explained that this 70825 -18 Minutes of the Regular Meeting - August 25, 1977 change would place the responsibility for clearing the intersection with the person traveling off Highway 146, who has a full view of what the traffic is like. In response to the question of how many accidents occurred at this intersection, Bill Cornelius, Director of Planning and Traffic, explained that no accidents have occurred at this intersection, but the City could be liable for allowing two vehicles to have right of way with a conflict. Councilman Kimmons moved to adopt the ordinance; Councilman , Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Hutto and Cannon Mayor Gentry 1 Nays: Councilman Kloesel ORDINANCE NO. 2300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE REMOVAL OF A STOP SIGN AT A CERTAIN INTERSECTION AND THE POSTING OF A YIELD SIGN AT A CERTAIN INTERSECTION; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Changing Yield Signs to Stop Signs at Various Locations This change was recommended by the Council's Traffic Committee. By adoption of the ordinance, the existing yield signs will be changed to stop signs at: Durrain Ferry Road at West Main Street Utah Street at West Main Maryland Street at West Main Maryland Street at Missouri Carolina Street at Missouri 7 Councilman Kloesel felt that there was no good reason to change the sign on Maryland Street at West Main since there was a good view from Maryland onto West Main. Councilman Cannon moved to adopt the ordinance; Councilman Kimmons seconded the motion. Councilman Hutto moved to amend that motion to delete Maryland Street at West Main from the ordinance; Councilman Kloesel seconded the motion. Mr. Cornelius explained that a program had been started where the signing on all minor streets entering major thoroughfares or collector streets be made consistent. The reason for this is that the major thoroughfares are carrying so much traffic now, it is the feeling of the Committee that traffic on the minor streets should have to stop. Councilman Kloesel inquired what had happened to the four - way stop signs on Georgia and Kentucky. The Traffic Committee had tabled that item. The vote on the amended motion follows: Ayes: Council members Kloesel and Hutto Nays: Council members Lander, Kimmons and Cannon Mayor Gentry The vote on the original motion follows: Ayes: Council members Lander, Kimmons and Cannon Mayor Gentry Nays: Council members Kloesel and Hutto 70825 -19 Minutes of the Regular Meeting - August 25, 1977 ORDINANCE NO. 2301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE REMOVAL OF YIELD SIGNS AT CERTAIN INTERSECTIONS AND THE POSTING OF STOP SIGNS AT CERTAIN INTERSECTIONS; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE dft DATE HEREOF. Ordinance - Raising the Maximum Speed Limit on Sections of Park This is .another recommendation of the Traffic Committee. By the adoption of the ordinance, a 40 mile per hour speed zone would be established on Park Street from Ashby Street to Baytown Avenue and the portion of the street between Baytown Avenue and Airhart would remain 35 m.p.h. primarily due to the curve and the portion of the street between Bayway Drive and Ashby Street would remain 35 m.p.h. Councilman Hutto questioned the reasoning for the reduction to 35 m.p.h. from Ashby to Bayway since traffic would be slowing down at that point. Also, he questioned the 35 m.p.h. speed zone being set from Baytown Avenue which is anywhere from 1,000 -1,500 feet from the curve. Mr. Cornelius explained that the reason for using Baytown Avenue was that this was the only geographical point that could be used in this area which is the procedure that is being followed. Councilman Hutto stated that he felt it would be more reasonable to use the signs now in existence as a point of measurement. Councilman Cannon moved to adopt the ordinance; Councilman Kimmons seconded the motion. Councilman Hutto moved to amend the motion to read approximately so many feet from Airhart at approxi- mately the location of the current signs no passing - curve. Mr. Cornelius was asked to clarify the reason for using geo- graphical locations rather than measurements from given points to describe speed limit zones. He stated that if signs were used in the event the sign was uprooted there would be some difficulty in locating the exact point of measurement. Councilman Cannon stated that he had no objection to the amendment suggested, but perhaps the item should be tabled until the measurement could be obtained. Council- man Kloesel felt that the ordinance could be passed leaving the measure- ment blank for completion later. The City Attorney suggested that Council in the amendment should specify that a 40 m.p.h. speed zone be established on Park Street from Ashby Street to the point of the present signs and direct the Administration to measure that distance and place that measurement in the ordinance. Councilman Hutto stated that this was agreeable to him; Councilman Kloesel seconded this amended motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2302 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 ($200.00) DOLLARS FOR VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 70825 -20 Minutes of the Regular Meeting - August 25, 1977 Ordinance - Appropriating Funds from Anticipated Surplus in 1976 -77 General Fund Budget for Various Purposes This item was discussed with Council during the budget work session. The ordinance will authorize a transfer of funds as follows: 1975 Bond Program, Streets - $125,000.00 to take care of the expected overrun on the Market Street Bridge, that is the bid price plus engineering costs will be more than the money allocated. 1975 Bond Program, Water - $250,000.00 to take care of the deficiency caused by the water line on Bayway Drive costing more than anticipated. Waterworks Interest and Sinking Fund - $3,500.00 to insure that the City will have the proper reserve to take care of the bond covenant. General Obligation Interest and Sinking Fund - $81,290.00 in order to eliminate transferring this amount from the water fund. The total transfer is $459,790.00; the Administration recommended approval of the ordinance. Councilman Lander moved for the adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel and Hutto Mayor Gentry Nays: None Abstained: Councilman Cannon ORDINANCE NO. 2303 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO APPROPRIATE FOUR HUNDRED FIFTY - NINE THOUSAND SEVEN HUNDRED NINETY AND N01100 ($459,790.00) DOLLARS FROM THE UNAPPROPRIATED SURPLUS GENERAL FUND TO BUDGET ACCOUNT, 101 -13 -200, TRANSFER TO OTHER FUNDS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing the Execution of an Earnest Money Contract for the Purchase of Land for the BAWA Plant Site The Administration was not ready on this item. Ordinance - Authorizing the Abandonment of a Portion of the Utility Easement Located in Block 10, Lot 8, Chaparral Village, Section III The Administration has received a letter from Mr. Michael 0. Forse requesting the abandonment of four (4) feet of utility easement located in Block 10, Lot 8, Chaparral Village, Section III. Mr. Forse would like to build a swimming pool, but would be unable to do so without encroaching four (4) feet onto the easement. *Councilwoman Wilbanks present. Mr. Lanham pointed out that this request was different than other requests which had been received in the past for abandonment of a portion of an easement in that the other requests were to build above 70825 -21 Minutes of the Regular Meeting - August 25, 1977 ground, with this one there will be construction below ground in an area where a gas line is located. Letters have been mailed to the utility companies located in the easement, but the Administration has not received a response for that reason the Administration was reluctant to recommend approval. According to the procedure set forth by Resolution No. 11, an appraisal of $140.00 has been rendered by the Tax Assessor- Collector as to the value of the easement. The City Attorney explained that the ordinance provides that a release and hold harmless agreement must be executed by Mr. Forse which would not only pertain to the City of Baytown, but to the gas company as well. However, the City does have a franchise with the gas company which gives them an obsolute right to the easement; therefore, the City would be violating its contract with the gas company by granting the abandonment without approval of the gas company. In response to a question from Council as to whether or not approval could be given contingent upon approval by the gas company, Mr. Richardson said that this provision could be included in the ordinance. Councilman Cannon moved for the adoption of the ordinance subject to receiving approval to the satisfaction of the City Attorney from all utility companies having rights to the easement; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel Councilman Kloesel felt that approval should be obtained from the gas company prior to taking action on the ordinance. ORDINANCE NO. 2304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ABANDONING A PORTION OF THE UTILITY EASEMENT ADJACENT TO LOT 8, BLOCK 10, SECTION 11, CHAPARRAL VILLAGE SUBDIVISION, BAYTOWN, HARRIS COUNTY, TEXAS UPON APPROVAL BY UTILITIES FRANCHISED BY THE CITY; 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. Resolution - Transfer Funds from General Fund Contingency to Pay for Anticipated Overrun on Community Development Project A mistake was made in estimating the amount of 18 -inch storm sewer pipe that is required for the Community Development Project. In the computations 2975 feet was used rather than 5346 feet which would increase the contract $40,307.00. The Administration suggested that perhaps the storm sewer on Fortinberry could be eliminated from this contract and this item could be included in the next allocation. The County has said that it may even be possible to increase the next allocation to cover this item. Mr. Lanham explained that a transfer of $10,000.00 would be necessary. Mayor Gentry was not in favor of deleting Fortinberry from the contract due to the fact that the drainage situation in that area is critical. The Administration suggested that possibly the street work on West Republic could be eliminated to be included in the next allocation. Either solution would require a transfer of $10,000.00. Council agreed that the drainage work on Fortinberry should take precedent over street improvement. Councilman Kloesel moved to authorize the transfer of funds to cover the shortage after the deletion of West Republic from the contract; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 70825 -22 Minutes of the Regular Meeting - August 25, 1977 RESOLUTION NO. 590 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER TEN THOUSAND AND N01100 ($10,000.00) DOLLARS FROM GENERAL FUND ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO GENERAL FUND ACCOUNT NO. 101 -13 -0100, TRANSFER TO OTHER FUNDS. Pedestrian Way Along West Main Street over Goose Creek Stream Councilman Kloesel explained that he had requested that this item be placed on the agenda in order to call the matter to the attention of the Council in hopes that this item could be included in the annual budget. The Administration had obtained an estimate for the project of $60,000.00. The City Engineer explained that it was very difficult to get anyone to give an estimate on this project due to the age, width, and condition of the bridge. In fact some firms stated they would work up an estimate for a fee. Councilman Kloesel said that he would be happy to have the $60,000.00 included in the budget under street projects and that probably the best time to discuss the matter would be at the time the budget is finalized. He did state that due to the fact there are young people who walk across the bridge, there is an urgent need to have this pedestrian way. In response to whether the County had any intentions of funding a portion of the work on the bridge, Mr. Lanham said that the County had plans to overlay West Main, but no plans had been mentioned regarding widening of the bridge. Councilman Kloesel asked that the Administration contact the County to ask for assistance in obtaining an estimate on the bridge work. Authorize Consultants to Prepare Plans and Specifications for Replacement of Certain Water Lines in Country Club Subdivision The Administration recommended that authorization be given to Busch, Hutchinson and Associates to proceed with plans and specifi- cations for replacement of certain water lines in Country Club Subdivision. Councilwoman Wilbanks moved to accept the recommendation of the Administration; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Hutto and Cannon Mayor Gentry Nays: None Lander, Kimmons, Kloesel, Wilbanks, Water Service for Three Homes Outside the City Limits - Mrs. L. R. Daniel Mrs. L. R. Daniel had requested water service to three homes on Barkaloo Road that are now being serviced by a well which is very old. The water level of the well has dropped to such a degree that these people are unable to use the water. In the request, Mrs. Daniel states that they are aware that the cost of the line must be borne by the homeowners and that they will be charged 1% times the rate charged within the city limits. The Administration recommended approval of the request. Councilman Kimmons moved to grant the request of Mrs. Daniel for water service outside the city limits; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 70825 -23 Minutes of the Regular Meeting - August 25, 1977 Appropriating Funds from Anticipated Surplus in 1976 -77 General Fund Budget Councilman Cannon asked for clarification behind the transfer of anticipated surplus in the 1976 -77 General Fund Budget to the 1975 Bond Program. The transfer is being made in order to complete the projects for which bonds had been voted. Committee Reports None. Unfinished Business Councilman Kloesel stated that he felt that the Council should ask the state to relieve the homeowner of some of the tax burden involved in construction. Ordinance - Chapter 26 - Specifying New Standards for Sidewalks and Driveways Councilman Hutto had requested earlier that this matter be deferred to later in the meeting. He stated that at the last Council meeting, the Council had passed an amendment to the Code of Ordinances which required the home builders to be responsible for the construction of sidewalks within a subdivision rather than the developer. At that time, some Council members expressed concern over the cost that this might add to the cost of the home, and if Proposed Ordinance No. 70825 -6 were to be passed, this too would add construction costs; therefore, Councilman Hutto requested that the Administration prepare an ordinance that would allow the developer, at the time of the presentation of the plat to the Planning Commission, to designate whether he would require sidewalks in that subdivision or he would not require sidewalks. Councilman Hutto felt that this would give a property owner an opportunity to determine beforehand if he wanted to purchase a home in an area where sidewalks are available or not. Councilman Hutto asked the Council to postpone this item until the Administration could prepare the ordinance mentioned above. Councilman Hutto mentioned the fact that he had conducted a survey in Roseland, Country Club and Graywood where 17 people had been contacted and asked if they would be willing to pay the extra cost of a sidewalk - -15 said no. He also mentioned that a new subdivision in Chambers County had 61 homes under construction and 42 of these homes were sold, which means that Baytown has lost $1,116,401.60 on the tax roll. Councilman Kimmons said that he felt when the sidewalk ordinance was adopted that it was adopted with the view that eventually the side- walks would be going someplace and that a sidewalk in the front of an individual's home serves no purpose unless it leads someplace. Council- man Hutto also commented that he felt the specifications being proposed for sidewalks are too stringent; Councilman Kimmons concurred. Mr. Leroy Walker, Developer, was recognized, and he stated that the developer should have the option of whether or not to include sidewalks in a subdivision. He stated that due to all the requirements of the city regarding building, many builders are moving outside the city to reduce costs of construction. Councilman Cannon asked Mr. Walker if he felt that the developer would ever include sidewalks in his plat if they were not required, and Mr. Walker responded that sidewalks would be included, only if there were a demand for sidewalks. Councilman Cannon responded that if Council left the decision to the developer, this would be the same as not requiring sidewalks. In 70825 -24 Minutes of the Regular Meeting - August 25, 1977 response to a question from Councilman Lander, Mr. Walker said that he would install concrete streets rather than asphalt streets if given a choice, and that he would not be in favor of open ditches. Councilman Cannon questioned Mr. Walker as to the reason for the drainage problems being experienced in Chaparral Village. Mr. Walker said the drainage problems were due to manholes being stopped up and the fact that the drainage ditch was getting stopped up again. Councilman Cannon commented that there were people in this area who were upset about the poor drainage. Mr. Walker said that there was one problem area and this area was going to be taken care of in the next 2 -3 weeks, or whenever the concrete is poured in Section IV. Mayor Gentry asked if Council had any objections to allowing the Administration time to draw up the ordinance which Councilman Hutto had requested and defer action on Proposed Ordinance No. 70825 -6 until the next meeting. Council voiced no ojections. Councilman Lander inquired what the Administration had determined the additional cost would be for the reinforcement in sidewalks. Mr. Lanham said that for an 80 foot lot, the cost for reinforcement would be $28.80 for the material only. There would be no additional labor costs because the same amount of labor is involved. Mrs. Marie Buie was recognized. She said that a majority of the people in Chaparral Village, Section III, did want sidewalks as evidenced by the petition which had been presented to Council at a Council meeting in the past. Councilman Hutto explained that he had not surveyed areas where sidewalks were included at the present time. Another individual from the audience pointed out that if the developer is not required to build sidewalks, then he will not and the individual who wants sidewalks will not have the choice of purchasing a home in a subdivision with sidewalks. Mayor Gentry said that if there were enough people who wanted sidewalks, there would be someone who would develop an area with sidewalks. Mr. Jim Goerner requested to make a correction on the cost estimate given by the Administration regarding the cost of reinforcement. He said that according to his information, the cost on an 80 foot lot would be $36.20. Recess and Reconvene Mayor Gentry recessed the open meeting into executive session for the discussion of personnel matters. When the open meeting reconvened, Mayor Gentry announced that no business had been transacted. There being no further business to transact, Councilman Kimmons moved to adjourn; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None C1 Karen Petru, Deputy City Clerk Approved: .c.,I�.C.fycJ Eileen P. Hall, City Clerk