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1977 12 20 CC Minutes, Specialr 71220 -1 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 20, 1977 The City Council of the City of Baytown, Texas, net in special session Tuesday, December 20, 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 Karen Petru Absent: Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney Deputy City Clerk City Clerk Mayor Gentry called the meeting to order and the invocation was offered by Councilman Allen Cannon. Approve Minutes Councilwoman Wilbanks moved to approve the minutes of the regular nesting of December 8, 1977, and ratification of actions taken concerning each of the natters listed on the agenda of said meeting; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Receive Petitions None. City Manager's Report Bayway Water Line - All of the pipe has been installed and about two- thirds of the pipe has been pressure tested. All of the testing should be completed by the first week of January and final tie -ins will be made at that time. Phase II of the Baytown Sports Complex Improvement - The contractor has poured the slabs for the press box, the concession and restroom building. The contractor scheduled the pouring for the tennis courts and the play slab on Thursday. The site work contractor has completed a great deal of the drainage work and is preparing the parking areas for paving. Market Street Bridge - By this Thursday, all of the paving should be finished on the project except for the bridge approach slabs. Next week the contractor will set the box beams on the bridge and the roadway and ramps should be ready for school use when classes resume after the holidays. The Administration expects that the project will be completed in 6 to 8 weeks. 71220 -2 Minutes of the Special Meeting - December 20, 1977 Street Rebuilding Program - All of the streets have been completed with the exception of North Burnett which is in progress. Parts of Bayliss will need to be reworked. Sliplining Contract - The first contract has been completed with the exception of some discrepancies that need to be corrected. The contractor has started on the second contract and has installed 800 feet of 5 -inch pipe between Oakmont and Memorial on Rosewood and has made seventeen service taps on that line. Jail Services - The City's contract with Harris County for jail services will expire at the end of this month. The Administration would like to discuss with the County, the renewal of this contract and would like to ask for a $3,000.00 a year increase. The last contract with the County for jail services covered a period of nine months. On an annualized basis, the County was paying the City a sum of $56,240.00. The Administration would like to discuss the $3,000.00 increase primarily because the City will be serving three meals a day to the prisoners. Mayor Gentry inquired if the City is subsidizing the County prisoners even at this rate. Mr. Lanham explained that based on the number of prisoners that the County is confining compared to the number that the City is confining, the County is paying its fair share. Mr. Lanham felt that it is to the City's advantage to have the County prisoners in Baytown in order to eliminate the necessity of transporting the prisoners to another location. Housing Authority Contract - When Council approved the con- tract with the Housing Authority for the City's Parks and Recreation Department to provide recreational leadership at some of the neighborhood centers that are located at the Housing Authority projects, the Administration had mentioned that the DeZavala Courts Neighborhood Center, which had been included in previous contracts, would be deleted. The Housing Authority has now asked that the City provide recreational leadership services at this location. The City will not be spending any more money than in the past, and the Housing Authority will continue to pay the same amount as paid in the past. The Administration explained that a CETA employee will be used to provide these services at the DeZavala Courts. Council had no objections. Questions or Comments Regarding the City Manager's Report Councilman Hutto inquired about the status of the City's project on Market Street in front of the City Hall. Mr. Lanham explained that the difficulty lies in receiving concrete. Mr. Lanham explained that he has talked with Gifford -Hill, the City's supplier, and they indicated the difficulty lies in the great demand for concrete. Mr. Lanham explained that the City was able to pour one lane of the street, and that Gifford -Hill indicated if the City could ask for the concrete early in the afternoon better delivery could be furnished. Consider Statement of Houston Lighting and Power Company Cost of Service Adjustment and Fuel Cost Adjustment for January, 1978 The statement of Houston Lighting and Power Company Cost of Serivice Adjustment and Fuel Cost Adjustment for January, 1978, reflected a fuel cost adjustment increase. The total increase for a customer using 1,000 KWH is $0.22. 71220 -3 Minutes of the Special Meeting - December 20, 1977 Mr. A. T. Martin Appeared Mr. A. T. Martin of 411 West Adoue appeared before Council to present a petition requesting that City Council rescind the ordinance prohibiting the parking of recreational vehicles, such as travel trailers, motor homes, pickup campers, etc., on streets at night. Mr. Martin felt that the present ordinance works an undue hardship on the owners of recreational vehicles who do not have room for off - street parking due to small lots and short driveways. Mr. Martin commented that he would prefer to park his camper in his driveway or backyard but is unable to do so because the driveway is too narrow and he cannot get to the backyard with the camper. Mr. Martin also commented that it is necessary to have recreational vehicles parked where they may be loaded and unloaded without undue hardship. Recreational vehicles also need to be parked where household current and water connections are available. Mr. Martin felt that for security reasons, recreational vehicles should be parked where owners may keep a close check on them. Mr. Martin explained that the ban on parking of recreational vehicles was originally for safety, but he was unable to find that any recreational vehicles have been involved in parked vehicle accidents. Mr. Martin explained further that recreational vehicles include pickup trucks with camper shells and covers, tie felt that this is an inconsistency because the camper shells and covers are very easily removed. Under the present ordinance, it is illegal to park this truck with a camper on it on the streets at night, but if the shell or cover is removed, the truck itself may be parked on the street. Mr. Martin said that according to records obtained from City Hall, there are about 18 to 20 parked vehicle accidents per month. According to Mr. Martin, the records show that 28 of those accidents were caused by violations other than the excessive speed, while the other 988 of those accidents are due to excessive speed. Mr. Martin felt that the driver of the moving vehicle is responsible for these accidents and that something should be done to make this thing more prohibitive on the part of irresponsible drivers. He felt that to ban recreational vehicles and not ban all vehicles from street parking would be discrimination against recreational vehicle owners. Mr. Martin also pointed out that there are many owners who have already reached Senior Citizen status and many others approaching that status who would have to find and pay for off - street parking as well as security for these vehicles from retirement incomes. Mr. Martin said that he is not asking for something that would be illegal or something that would cause a hazard. There are restrictions that he felt would be necessary, such as parking on corners. Mr. Martin felt that it would be unfair to allow these 18 to 20 people who are causing these parked vehicle accidents to penalize an entire city of approximately 55,000. Mr. Lanham explained that there are other vehicles of similar type which the ordinance prohibits from parking on the street, such as tank trucks, etc., and these would need to be considered if Council is considering changing the ordinance. Councilman Hutto inquired as to how recreational vehicles came to be included in Section 18 -51. Councilwoman Wilbanks explained that as a result of such vehicles being parked on the street in a subdivision off Garth Road a fatal pedestrian accident had occurred. 71220 -4 Minutes of the Special Meeting - December 20, 1977 Councilwoman Wilbanks inquired if this issue has been before the Council's Traffic Committee. Councilman Cannon, Chairman of the Council's Traffic Committee, explained that this matter had been discussed by the committee, and the committee had not made a determination, but in the discussion, Bill Cornelius, Director of Planning and Traffic, was asked to look at the possibility of some type of temporary permit which would permit 48 -hour parking. Councilman Cannon commented that from his personal standpoint, he is concerned if Council revises the ordinance, it will open up overnight parking of tank trucks and dump trucks. Councilman Cannon asked if Council can restruct some type of vehicles and exclude other types of vehicles. Neel Richardson, City Attorney, explained that the only purpose for any ordinance and the only authority that Council has to exercise police power is for the health, safety and welfare of the people. He further stated that Council needs to look at the criteria that Council wants to enforce in order to protect the health, safety and welfare of the people which would necessarily entail leaving a certain amount or width available in the streets for traffic. Mr. Richardson also felt that Council needs to address itself to all vehicles, commercial or recreational. Mayor Gentry read a letter that was submitted to Mr. Lanham from Roy A. Felder, who resides at 2101 Eaves Drive, asking that Council and the Administration resist the pressures and appeals of changing the present ordinance concerning parking vehicles. In his letter, Mr. Felder commented that he appreciates the traffic control and is proud to live in a City with uncluttered streets. Councilman Cannon commented that by rescinding the ordinance, more people might start parking their vehicles on the streets. Councilwoman Wilbanks stated that she appreciated the way that Mr. Martin has handled his concern about the matter and would like to see the Administration come up with possible solutions, whether it be temporary permits or rewording of the ordinance, and present this to Council at a later date. Councilman Lander commented that when the streets of Baytown were built, they were not built for parking facilities. Therefore, he was opposed to amending the ordinance. Council had no objections to the Administration coming back at a later date with recommendations or solutions to the problem. Councilman Kloesel asked that the Administration include parking at intersections in their recommendation. *Mayor Gentry left the meeting; Mayor Pro Tem Lander began to preside. Mr. Martin felt that an alternate to the present ordinance could be met by amending the ordinance to allow for the issuance of permits to allow street parking where traffic would not be obstructed, and to have certain restrictions apply as to parking near corners, etc. Councilman Cannon commented that he hoped that Council could come up with a permanent solution, but this would be a good alternative. 71220 -5 Minutes of the Special Meeting - December 20, 1977 Consider Plans and Specifications for Country Club Subdivision Water Lines and Authorization to Advertise for Bids The 1975 Bond Program included funds for the replacement of water lines in the Country Club Subdivision. Jim Hutchison, a representative of Busch, Hutchison and Associates, was present r to discuss the plans and specifications for the Country Club Subdivision. Mr. Hutchison explained that the front sheet of the plans gives a good description of what is being planned. There is a side of Country Club that is east of the creek and a side that is west of the creek. Work is being planned in both areas. Basically, the plan is to loop the west side with an eight -inch water main. Six -inch mains will be placed along each of the cross streets. All of the lines in Country Club on the west side of the creek need to be replaced. These loops will be tied back into existing water mains on Baker Road and Decker. An easement must be obtained in order to tie into the Rollingbrock- Shady Hill Drive water main. The estimated construction cost for doing this work on the west side of the creek is $291,200.00. Because of the type of work that this project will consist of, a 10% contingency has been added in this estimate. The contingency would be $29.,120.00 and the engineering fees would be another $29,120.00. The total cost for the contruction on the west side of the bridge would be $349,440.00. The work on the east side of the bridge is not as extensive because the City has already replaced a number of lines on that side. The lines to be replaced are across the bottom of Country Club View and a line on Country Club Drive. The construction cost on the east side of the bridge is $51,600.00 with a 108 contingency of $5,160.00 and engineering fees of $5,160.00. The total cost for the construction of water lines on the east side of the bridge is $61,920.00. Councilman Lander inquired if the water lines will run down the middle of the road or the side of the road. Mr. Hutchison explained that the lines will be laid behind the curb on the same side of the street where the lines are laid at the present time, but the lines will be buried at a shallower depth which would be approximately two feet of cover. Mr. Hutchison commented that after installing the new lines, the service should be much better because the lines will be tied into three source points instead of the one. The pipe that will be used will be AC pipe instead of the present cast iron. In response to a question from Council, Mr. Lanham commented that the City has about $350,000.00 in bond funds. The Adminis- tration recommended that an alternate be taken to include the lines on the east side of the creek, if the bid comes in below the estimate, the City may be able to do the construction with the bond funds and if not, it will have to be deleted and do this part of the construction with City forces. Councilman Rloesel inquired if the soil condition causes the lines to go bad. Mr. Lanham explained that there are not only bad water leaks but many six -inch line breaks in that area. The Administration recommended approval of the proposed plans and specifications for the Country Club Subdivision Water Line Replacement and authorization to advertise for bids. Mr. Hutchison said that they plan to advertise for bids on January 3, 1978 and open bids on January 17, 1978. 71220 -6 Minutes of the Special Meeting - December 20, 1977 Councilman Kloesel moved that the plans and specifications for Country Club Subdivision Water Line Replacement be approved and that authorization be given to Busch, Hutchison and Associates to advertise for bids; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None Consider Plans and Specifications for Kilgore Road and Mockingbird Lane Storm Sewer and Authorization to Advertise for Bids This was one of the several drainage projects for which bond funds were voted in 1975. There is approximately $250,000.00 in bond funds which were allocated for this project. Mr. Hutchison also reviewed the plans and specifications on this project with Council. He explained that the drawing on the top of the first page of the plans and specifications shows Mockingbird Lane at Kilgore Road. The pipe at that point will be 48 -inch diameter reinforced concrete pipe which will cross Mockingbird Lane and terminate in a junction box at the other side which will tie into a 24 -inch existing line. On the third page, there is another junction box which is the end of this project. At this point, the pipe will cross the road as a 66 -inch pipe and enter a natural drainage ditch on the opposite side of Kilgore Road. That drainage ditch will be piped for a distance of 100 or 120 feet past the houses and lots that are there to a point and then an outfall structure will be built at that point. This pipe is all sized for future extensions in both directions. The estimated con- struction cost of this portion is $107,000.00 and the engineering fee at 10% would bring the total estimated cost to $117,700.00. The next page of the plans and specifications showed the outfall structure. At Mockingbird Lane from the first junction box going up Mockingbird about 85 feet, there is a lead and two inlets which are to be placed at that point to help relieve flooding that occurs in that area. Page 7 shows a line that comes from Morning Drive across an easement between houses and garages and then gets back into Kilgore Road storm sewer. There is an existing 24 -inch line in this easement at the present time which the engineers are preparing to change to a 30 -inch line. There are two small inlets at the present time, and it is proposed to reconstruct these inlets to make them as larqe as possible. The 30 -inch pipe to be installed is as large as these two inlets can handle. This should help relieve the flooding that occurs at that corner of Morning Drive. -Page 8 showed the beginning of the proposed storm sewer on Mockingbird Lane. This storm sewer is going to run down the street. There is a water line on one side of the street and a sanitary sewer line on the other side of the street which makes it impossible to work behind the curb. There will be an outlet placed on Clayton Drive just to the south of the Bowie School property. The line is 42 -inch at that point. The line continues as a 42 -inch line down to French Place where it changes to a 48 -inch line. New inlets are being proposed all along this area. The last page of the plans and specifications shows the 48 -inch line continuing on down to a point opposite of Kipling Drive. There are two inlets at Kipling Drive which are proposed to be rebuilt to a larger size. This would go on to an outfall point in the existing ditch that runs parallel to Kipling Drive. The construction cost for this part of the project is $135,900.00 and the engineering fee would be $13,590.00 which would bring the 71220 -7 Minutes of the Special Meeting - December 20, 1977 total construction cost to $149,490.00. The estimated total cost of this entire project is $267,000.00. Councilman Lander inquired if this project was the last of the drainage projects? Mr. Lanham explained that there is to be one more project -- Ward Road and Alexander Drive scheduled for r the 1978 -79 period. The bonds for that project have not been I sold. The estimated cost of that was $535,000.00, and the City has unsold bonds in the amount of $450,000.00. Mr. Lanham commented that the City has $250,000.00 in the storm sewer bond funds for the Mockingbird Lane and Kilgore Road Storm Sewer Project. The Administration recommended approval of the plans and specifications for this project and request permission to advertise for bids. Councilman Hutto moved for approval of the plans and specifications for the Kilgore Road and Mockingbird Lane Storm Sewer Project and to authorize Busch, Hutchison and Associates to advertise for bids; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None Consider Plans and Specifications for Jenkins - Holloway Park Phase II Development and Authorization to Advertise for Bids Upon Approval of the Texas Parks and Wildlife Department The total estimated cost of this project is $351,400.00; $175,000.00 has been received in federal funds. Mr. Hutchison explained that the first page showed the layout of half the park and this is the half where most of the construction is being planned. The construction consists of two lighted baseball fields, which are similar to the Sports Complex baseball fields, press box, restrooms, and concession stands building. There will be a parking area near the baseball fields. One set of lighted tennis courts is to be built, a multi - purpose concrete play slab and a play area is to be developed. The woods will be opened up to people who want to walk, hike or bike through this area. Two bridges will be constructed across Cary's Bayou. These bridges will be similar to the bridges in the Bicentennial Park. Councilman Kloesel inquired as to the number of acres this construction will total. Bobby Rountree, Director of Parks and Recreation, commented that this total project will take up approximately 70 acres. Mr. Hutchison further explained that the water and sanitary sewer service to this development will be taken to the Whispering Pines area. The next page of the plans and specifications showed the play area and the concrete slab that will be constructed in the lower end of the park. This is adjacent to the existing tennis courts and parking area. The remaining sheets of the plans and specifications showed the various details of the press box, etc. These plans and specifications have been reviewed by the Parks and Recreation Advisory Board, and they recommended approval. The Administration concurred with this recommendation. Councilman Kloesel moved for approval of the plans and specifications and to authorize Busch, Hutchison and Associates to advertise for bids after receiving final approval from the Texas Parks and Wildlife Department; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None 71220 -8 Minutes of the Special Meeting - December 20, 1977 Ordinance - Repealing Chapter 27, "Subdivisions," as Presently Constituted and Substituting a New Chapter 27 The subdivision regulations that the City presently has were adopted in 1965 and there have been amendments made from time to time, but several months ago the City staff began a major revision or reworking of the subdivision regulations and the proposed changes have been presented to the Planning Commission. They have studied the changes and have recommended the new ordinance to Council. The Chairman of the Planning Commission, Leonard Stasney, was present to make the presentation. Mr. Stasney explained that his purpose for appearing at this Council meeting was to convey to Council, the Planning Commission's recommendation that the existing ordinance on subdivisions be rescinded and the new proposed ordinance be adopted. The pattern of housing in Baytown is changing as elsewhere and the method of development, construction, and materials are changing; therefore, our ordinance is in need of general updating and revision. The ordinance has been thoroughly worked over and modernized by the Planning Director and staff. Mr. Stasney explained that the Planning Commission has reviewed the ordinance and found that the ordinance is a workable tool to assure that Baytown's future development is a quality development. Mr. Stasney recommended that Council consider this ordinance favorably for adoption. Councilman Kimmons inquired as to what are the major changes. Mr. Stasney explained that the major change, excluding the material changes, is the designation of a planning area. In the past, the City has allowed developments outside the city limits to conform to County standards which means open ditches, flexible pavement or asphalt pavement, different widths of rights - of -way, etc. In the proposed ordinance, a planning area has been defined to include the property north of the City limits, east of the San Jacinto River, south of Wallisville Road and the Mont Belvieu extra - territorial limits, and west of State Highway 146. Within this planning area, the City will allow, subject to the Planning Commission's permission, variances on the drainage require- ments only. All of the other requirements for City subdivisions such as concrete streets, width of rights -of -way, etc., must be adhered to in the planning area. Councilman Kimmons inquired if this would take into account all of the City of Baytown's extra- territorial area or just a portion of it. Mr. Stasney explained that it would take into account only a portion of this area. Mr. Stasney explained that due to strip annexations that go up to Highway 90 and go out as far east as Farm Road 565 in West Chambers County, if the City took in all of the extra - territorial urisdictions, it would include all that area within 2 -1/2 miles of all those strips. He felt that this would be a major change in the scope of where the requirements for City subdivisions or subdivisions within the City apply. Councilman Kimmons inquired if the territory included in the ordinance will give the City ample protection. Mr. Stasney explained that it should give ample protection because this is the area that is generally subject to annexation within the next 10 to 15 years. Bill Cornelius, Director of Planning and Traffic, commented that he was prepared to go through all of the changes in the ordinance with Council if they so desired. Councilman Hutto said that he would like to go through this ordinance point by point and that he would like to know why the engineers recommended what they did. Councilman Hutto suggested that a work session be held with some engineers present to explain the changes to Council. 71220 -9 Minutes of the Special Meeting - December 20, 1977 Councilman Cannon inquired as to how long the Planning Commission has been working on revising the subdivision ordinance. Mr. Stasney explained that the Commission had gone through the ordinance, area by area, page by page, and had asked many questions regarding the requirements that have been recommended by the engineers. Mr. Stasney explained that the Planning Commission was concerned about many requirements because some requirements would increase the cost which would be reflected in the cost of housing. Mr. Stasney also said that the Commission had spent a portion of three meetings covering the requirements recommended in this ordinance. Mayor Pro Tem Lander suggested that the Administration set up a work session after the first of the year to further study the proposed subdivision ordinance; Council concurred. Bill Cornelius explained a few of the changes being proposed. He said that over the years, there had been amendments to the ordinance which resulted in duplication of many requirements. In the present ordinance, there are numerous references to a planning and zoning commission. Zoning was never in effect in Baytown and this item was eliminated in the proposed ordinance. There is great deal of detail included in the ordinance concerning sidewalks and sidewalks specifications. Many of the requirements concerning sidewalks have been transferred to the building code. Many of the items concerning apartments and commercial developments have been eliminated in the proposed ordinance because they are not subdivisions of land; and thereby are not subdivision regula- tions. There were quite a few duplications as new types of develop- ments came about such as the townhouse section, some of the street requirements and drainage requirements. The Commission hoped by specifying the engineering standards and specifications themselves in a section at the last would be appropriate for all subdivision types of developments. There were also several items in the sub- division regulations concerning appropriate procedures to be followed that were not really explanatory. The Commission is trying to clarify these procedures in the proposed ordinance. The Commission has tried to nut these regulations in a logical order that can be followed. Regular subdivisions are covered first, and the other types of developments such as the townhouse, planned unit develop- ments, and any new section can be added when necessary, such as the condominium section. This will be followed by the general standards, which cover general items; and miscellaneous provisions, which cover all types of developments as they come in and explains the variances that the Planning Commission is authorized to allow in each of these specific types of development procedures. Last, the engineering and construction standards would be included and these would be applicable to all types of developments. Mr. Cornelius pointed out that the engineering standards of the present ordinance contained many ASTM numbers which were badly outdated. This discrepancy was brought to the attention of the Planning Department and Commission by developers themselves saying that these numbers were no longer a minimum requirement for any type of development. Councilman Kimmons inquired if the patio homes are covered by the proposed ordinance. Mr. Cornelius explained that this particular type of development could be considered in either the townhouse regulations or the planned unit development. Councilman Cannon inquired if the planning area has been expanded or if it had never been defined before. Councilman Cannon explained that his reason for asking was his concern about the open ditches in the Pinehurst Subdivision. He asked if this subdivision was approved by the Planning Commission. Mr. Stasney 71220 -10 Minutes of the Special Meeting - December 20, 1977 explained that it was brought to the Planning Commission and that the Commission in the past had approved subdivisions that met County standards, but Scott Bounds, Assistant City Attorney, explained to the Planning Commission that their practice in the past of granting or allowing developments to utilize County standards in the City of Baytown extra - territorial jurisdiction, was incorrect. Mr. Bounds explained that the Commission should really have been requiring, within the extra - territorial juris- diction, all of the City standards, which would include the ++ area within 2 -1/2 miles of the strip annexations. Councilman Cannon requested that a comparison be made of the requirements of the ordinances of surrounding areas and that of the City of Baytown to determine if the City of Baytown is more restrictive or putting in a higher standard of requirements. He would like to information to be presented at the work session that is to be held concerning the proposed subdivision ordinance. Councilman Kloesel inquired as to what provisions are allowed for the financing of the project and to insure that the improve- ments that are required by the City are complied with. Mr. Cornelius explained that no changes have been made in this regard. Councilman Kloesel said that the City needs some assurance because the City will have to maintain these subdivisions after development. Councilman Hutto suggested that the City's assurance is the inspec- tor that inspects the materials. Neel Richardson, City Attorney, explained that when the City makes the requirement that certain standards be met, these standards become the law, and the developer is obligated to install these standards regardless. The inspector is there merely to assure the City that the developer is complying with the standards. Councilwoman Wilbanks inquired if there are changes in the process of submitting a plat or going through the j various phases. Mr. Cornelius explained that there are no significant changes in this requirement. Mr. Cornelius explained that in the past, state law required that all development within the City of Baytown's extra - territorial jurisdiction which was subdivided into lots and blocks, and where streets were dedicated, must be filed with the City and adhere to the City's platting procedures. Mr. Richardson explained that there was an apparent loophole in the law, which consequently raised a question about the definition of what constituted a subdivision of land. Before, the definition was tied to the division of land into blocks and lots, which is the actual platting of the property. Very recently, in the past six months, the Attorney General rendered an opinion regarding another statute which contains almost the same language as the Municipal Annexation Act. The Attorney General held that a sale of land by metes and bounds was a subdivision of land and in effect, this did close the loophole in the law. Ordinance - The Third and Final Reading of the Franchise Agreement with Entex, Inc. Under the terms of this agreement, the City will receive a 3% gross receipts fee for all gas consumed by residential, small and large commercial customers. This agreement also includes a most favorable City clause which gives the City the right to request an increase in the gross receipts fee if any cities in the service district in which Baytown is located receive a greater gross receipts fee. This franchise agreement covers a forty -year period. It was approved on first and second reading. The Administration recommended approval of the third and final reading of the franchise agreement with Entex. 71220 -11 Minutes of the Special Meeting - December 20, 1977 Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. Councilman Kloesel inquired about the new gas cost adjustment? Councilman Kloesel commented that a lot of public attention has been given to this and he would like it explained. Richard DeSalme, representative of Entex, explained that the only change was that in the past, Entex has not broken down the cost of gas adjustment on the total bill, and recently there has been a state law passed which requires that the company must indicate on the bill the unit cost for gas cost adjustment. Mr. DeSalme explained that this process of breaking down the gas cost adjustment began with the billing cycle in December, and that there has been no change in the gas rate. Councilman Kloesel inquired as to how Council will know when there is a rate increase? Mr. DeSalme explained that for the last two years, Entex adjusted the rate twice a year, in February and August. A letter to that effect goes out 30 to 40 days prior to the cost of gas adjustment going into effect. Councilman Kloesel commented that his principal objection to this ordinance is the time period of the franchise because in this day and time, there are many changes in the energy field. The vote follows: Ayes: Council members Kimmons, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: Councilman Kloesel ORDINANCE NO. 2359 AN ORDINANCE GRANTING ENTEX, INC., ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE FOR A PERIOD OF FORTY (40) YEARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTEND, REMOVE, REPLACE AND REPAIR A SYSTEM OF PIPE LINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL DESIRABLE INSTRUMENTALITIES IN, UNDER, OVER, ACROSS AND ALONG ANY AND ALL STREETS, AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL OTHER PUBLIC PLACES IN THE CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF TRANSPORTING, DISTRIBUTING, SUPPLYING AND SELLING GAS (NATURAL AND /OR ARTIFICIAL AND /OR MIXED) FOR HEATING, LIGHTING, POWER, AND FOR ALL OTHER PURPOSES FOR WHICH GAS MAY BE USED, TO THE MUNICIPALITY OF SAID CITY OF BAYTOWN, TEXAS, AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSIONS THEREIN; ESTABLISHING STANDARDS OF SERVICE; PROVIDING FOR PAY11ENT OF THREE PERCENT (3 %) OF THE GROSS RECEIPTS FROM THE SALE OF GAS FOR RESIDENTIAL, SMALL COMMERCIAL, AND LARGE COMMERCIAL PURPOSES WITHIN THE CITY; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE; MAKING MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES HEREWITH. Ordinance - The First Reading on the Proposed Annexation of Trailwood Subdivision A public hearing was held regarding the proposed annexation of Trailwood Subdivision which is located north of Massey Tompkins Road at the last Council meeting and there was no opposition to the annexation. It involves about 14 acres which the owners plan to subdivide. The plans have been submitted to the Planning Department and these have been reviewed by the Administration. The Administration recommended approval of the annexation on the first reading. 71220 -12 Minutes of the Special Meeting - December 20, 1977 Councilman Kimmons moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. Councilman Cannon inquired if the Planning Commission had given final approval of the plans. Mr. Lanham responded that final approval had not been given. Final approval cannot be given until all engineering plans have been approved. Councilman Cannon said that he preferred having final approval of.the plans by the Planning Commission prior to considering final reading. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2381 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. Mayor Pro Tem Lander called a ten - minute recess. Ordinance - Awarding the Bid.for the Purchase of a Spectrum Monitor Councilmen Kloesel and Cannon absent. Two bids were received for the purchase of a spectrum monitor for radio maintenance for the police department. The bid tabulation follows: Quantity Description 1 Spectrum Monitor MAKE & MODEL: LOCATION PARTS & SERVICE: WARRANTY: CUSHMAN ELECTRONICS ANDERSON ASSOC. Extended Price Extended Price $ 4,371.55 Cushman -CE -15 Hurst, Texas 3 years $ 4,385.00 Cushman -CE -15 Hurst, Texas 3 years Cushman Electronics of Hurst, Texas, submitted the low bid in the amount of $4,371.55. A total of $4,390.00 had been budgeted for this item. The Administration recommended approval of the ordinance. Councilman Kimmons moved for adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2382 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CUSHMAN ELECTRONICS, INC. FOR THE PURCHASE OF ONE SPECTRUM MONITOR AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FOUR THOUSAND THREE HUNDRED SEVENTY -ONE AND 55/100 ($4,371.55) DOLLARS. 71220 -13 Minutes of the Special Meeting - December 20, 1977 Councilman Cannon present. Ordinance - Awarding the Bid for the Purchase of a Tractor with Slope Mower Attachment Two bids were received for the purchase of a tractor with slope mower attachment. The bid tabulation follows: Quantity Description LANSDOWNE -MOODY CO. TRINITY VALLEY 1 Tractor and $ 18,135.51 $ 19,986.42 Slope Mower TRACTOR BRAND: Ford 5600 Ford 5600 MOWER BRAND: Terrain King SM395 Mo Trim 31' LOCATION OF PARTS & SERVICE: Houston, Texas Dayton, Texas WARRANTY TRACTOR: 1 year 1 year WARRANTY MOWER: 90 days 90 days Two companies submitted "NO Bids." The low bid submitted by Lansdowne -Moody Company did not meet specifications. The bid submitted by Trinity Valley in the amount of $19,986.42 meets specifications. The Administration recommended approval of the ordinance. In response to a question from Councilman Cannon, Bobby Rountree, Director of Parks and Recreation explained that the City presently has the type of slope mower that Lansdowne -Moody bid on which is the Terrain King Slope Mower. The type of slope mower that Trinity Valley bid on is the Mo -Trim. Mr. Rountree explained that the Terrain King Slope Mower is the type where the operator must watch the equipment as it is being operated and watch the traffic besides. The new Mo -Trim has an articulating arm, which is like a person's elbow which allows for bending upward and extending outward. Also the arm operates to the right and front of the tractor. Mr. Rountree said that possibly this arm would allow the operator to go over mailboxes and street signs and at the same time, will not be blocking traffic. He felt that this piece of machinery will be safer to operate. The Mo -Trim has been on the market for approximately four years. Councilman Cannon moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2383 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TRINITY VALLEY FOR THE PURCHASE OF ONE TRACTOR WITH SLOPE 14OWER ATTACHMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF NINETEEN THOUSAND NINE HUNDRED EIGHTY -SIX AND 42/100 ($19,986.42) DOLLARS. 71220 -14 Minutes of the Special Meeting - December 20, 1977 Ordinance - Awarding the Bid for the Purchase of a Mini - Pumper Council appropriated Revenue Sharing Funds for the purchase of a mini - pumper. Two bids were received for the purchase of a mini - pumper for the Fire Department. The bid tabulation follows: Quantity Description 1 Mini- Pumper MAKE & MODEL: CLAUDE WRIGHT & ASSOC. FIRE FOX CORP. Extended Price Extended Price $ 29,241.00 Opt. + 498.00 Elect. Primer $ 29,739.00 $ 29,949.00 C50 Chev. - 500.00 cab & chassis Emergency One 20084 LOCATION OF PARTS & SERVICE: Houston, Texas WARRANTY CHASSIS: 12 mo. /12,000 miles WARRANTY BODY: 12 months One Company submitted a "No Bid." $ 29,449.00 Fire Fox 2506PM Houston, Texas 12 mo. /12,000 miles 12 months The bid of Fire Fox is the low bid in the amount of $29,449.00. A total of $30,000.00 was budgeted for this purpose. The Administration recommended approval of the ordinance. Councilman Kimmons moved for adoption of the ordinance; Councilman Hutto seconded the motion. Councilman Lander inquired what was the reason that Fire Fox had a deduction of $500.00 included in their bid. Mr. Lanham explained that in their base bid, Fire Fox had bid a unit that exceeded the City's specifications, but the bid was footnoted to deduct $500.00 if the City chose to buy the cab and chassis that met the City's specifications. In response to a question from Councilman Cannon, Mr. Lanham said that the electrical primer would be included in the bid from Fire Fox. The vote follows: *Mayor Gentry present. Ayes: Council members Kimmons, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None Abstained: Mayor Gentry AN ORDINANCE OF BAYTOWN, TEXAS, CORPORATION FOR AND AUTHORIZING SUM OF TWENTY -N NINE AND N01100 ORDINANCE NO. 2384 THE CITY COUNCIL OF THE CITY OF ACCEPTING THE BID OF FIRE FOX THE PURCHASE OF ONE MINI PUMPER THE PAYMENT BY THE CITY OF THE INE THOUSAND FOUR HUNDRED FORTY - ($29,449.00) DOLLARS. *Mayor Gentry now presiding. 7 r I r 71220 -15 Minutes of the Regular Meeting - December 20, 1977 Ordinance - Awardinq the Bid for the Purchase of 1,000 GPM Pumper Council appropriated $85,000.00 in Revenue Sharing Funds for the purchase of a 1,000 GPM Pumper. Four bids were received for this purchase. The bid tabulation follows: FIRE FOX MACK TRUCKS INC. Quantity Description Extended Price Extended Price 1 1,000 GPM Pumper $ 81,688.00 $ 83,974.00 MAKE & MODEL: PARTS & SERVICE: WARRANTY: Quantity Description 1 1,000 GPM Pumper MAKE & MODEL: PARTS & SERVICE: WARRANTY: Ward LaFrance Houston, Texas I year CLAUDE WRIGHT & ASSOCS. Extended Price $ 84,790.00 American LaFrance Fort Worth, Texas 2 years parts 1 year labor Mack CF 611F Houston, Texas 1 year SUTPHAN CORP. Extended Price * $ 86,995.00 Sutphen Custom 1000 Houston, Texas 1 year *Deduct $2,500.00 if a 258 down payment is made with order. Fire Fox Corporation submitted the low bid in the amount of $81,688.00. Delivery of this equipment would take approximately 240 calendar days. The Administration recommended approval of the ordinance. Councilman Lander moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2385 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF FIRE FOX CORPORATION FOR THE PURCHASE OF ONE 1,000 GPM PUMPER AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF EIGHTY -ONE THOUSAND SIX HUNDRED EIGHTY -EIGHT AND N01100 ($81,688.00) DOLLARS. Ordinance - Exercising the Option Included Under Bid No'. 7710 -8 to Purchase Two Additional Patrol Vehicles On October 20, 1977, bids were received for patrol vehicles for the Police Department. Bids were taken on 11 vehicles. The budget includes funds for 13 vehicles. The reason that the Adminis- tration did not recommend to Council, at that time, the purchase of 13 vehicles is that the City was having problems on the jail 71220 -16 Minutes of the Special Meeting - December 20, 1977 contract and the Administration thought that the City might have to purchase a vehicle to haul prisoners to Houston. Baytown Motors submitted the low bid at that time and the bid specifications included an option for the City to purchase two additional patrol units at the same unit price if these were purchased within 90 days. At this time, the City would like to exercise its option to purchase these two additional patrol units. The Administration recommended approval of the ordinance. *Councilman Kloesel present. Councilman Kimmons moved for 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. 2386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTOWN MOTORS, INC. FOR POLICE PATROL VEHICLES OF THE CITY OF BAYTOWN BID NO. 7710 -8, AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TEN THOUSAND SEVENTY -NINE AND 64/100 ($10,097.64) DOLLARS. Consider Transferring the Permits for Operation of Taxis to Gordon Hart The Administration has received a letter from Texas Kapco, Inc. notifying the City that the ownership of the cab companies is being transferred back to Gordon Hart. The ordinance governing the franchise for the local cab companies requires that City Council approval be given before the operating permits may be transferred. The Administration recommended approval of the transfer of ownership from Texas Kapco, Inc. to Gordon Hart. Councilman Lander moved for the approval of the transfer of the operating permits for the Red Top and Safeway Cab Companies from Texas Kapco, Inc. to Mr. Gordon Hart; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Ordinance - Authorizing a Contract with Gordon Hart to Continue the Senior Citizens Taxi Service Program for 1978 Dan Savage, Assistant City Manager, explained that several months ago the City made application for a grant to continue operation of the Senior Citizen Taxi Program through the 1978 calendar year with funds provided by the Houston- Harris County Areawide Agency on Aging. The AAA is under the administrative sponsorship of the City of Houston. The AAA has approved the City's grant application, but the Houston City Council will probably not take action before January 1. Despite this possible delay in approving the City's grant, the City would like to con- tinue the Taxi Cab Program without any interruption and in order to do this, Mr. Savage explained that he felt the City would need 71220 -17 Minutes of the Special Meeting - December 20, 1977 to enter into a contract with the owner of the cab company that would be effective from January 1, 1978. At the time, the Adminis- tration had talked with Council about the grant application, the Administration had indicated that there is approximately $8,500.00 in excess from the original revenue sharing appropriation that was set aside for Senior Citizens in 1976. The Administration indicated that the City would like to use $5,000.00 of that money as the City's matching share on this application. The total grant is for the amount of $20,000.00, with the City providing $5,000.00 in revenue sharing funds and AAA providing the remaining $15,000.00. Mr. Savage requested that Council give authorization to execute this contract with Gordon Hart and for use of the City of Baytown's matching funds to pay for the cost of operating this program until the City of Houston approves the City's application. The Administra- tion recommended approval of the ordinance. 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. 2387 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 TO PROVIDE TAXI SERVICE FOR SENIOR CITIZENS CONSISTENT WITH THE RECOMMENDATION OF THE SENIOR CITIZENS TRANSPOR- TATION COMMITTEE'S REPORT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 606, Casting Votes for the Election of the Board of Trustees of the Texas Municipal League Workmen's Compensation Joint Insurance Fund The City of Baytown participates in the Workmen's Compensation Program that is sponsored by the Texas Municipal League. Trustees for the Board of this Joint Insurance Fund are elected by the member cities. The present members whose terms are to expire are Bill Story, Personnel Director for the City of Pasadena; Richard Brown, Executive Director of the Texas Municipal League; and Carl White, Director of Finance for the City of San Antonio. The Administration recommended approval of this resolution which would cast the City of Baytown's vote for these three people. Councilman Kloesel moved for adoption of the resolution; Councilman Hutto seconded the motion. Councilman Lander inquired as to how the members of the Board are selected. Mr. Lanham commented that he was not quite sure how the members were selected initially, but felt that the members that were selected were active on the committee that made a study of this program before the League recommended it to the cities, and also these members are active in the Municipal League activities. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None t/ ' 71220 -18 Minutes of the Special Meeting - December 20, 1977 RESOLUTION NO. 606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DIRECTING THE CITY CLERK OF THE CITY OF BAYTOWN TO COMPLETE THE OFFICIAL BALLOT INDICATING COUNCIL'S CHOICE OF CANDIDATES TO SERVE ON THE BOARD OF TRUSTEES FOR THE TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT INSURANCE FUND. Resolution No. 607 - Authorizing the City to Make Application for a Texas Criminal Justice Council Grant to Continue Funding of the Juvenile Division of the Police Department The application to the Texas Criminal Justice Council Grant to continue funding would be for second year funding. The City will be requesting a grant in the amount of $46,190.00 to continue this program for a period of 12 months beginning in October, 1978. No significant changes are planned in the program, in fact plans are to continue the program as it has been operated in the past. The Administration recommended approval of the resolution. Councilman Kloesel moved for adoption of the resolution; Councilman Kimmons seconded the motion. Funds for this program are derived from the Law Enforcement Assistance Administration (LEAH), This program is one of the four or five divisions of Criminal Justice Funds, which are used for funding in law enforcement, courts, corrections, and juveniles. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 607 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR FOR A JUVENILE SERVICE DIVISION GRANT IN THE AMOUNT OF FORTY -SIX THOUSAND ONE HUNDRED NINETY AND N01100 ($46,190.00) DOLLARS. Consider Approving the Procedure for Distribution of Plastic Bags At the last Council meeting, Council authorized the purchase of plastic bags, and at that time the Administration indicated that a recommended procedure for the distribution of these bags would be presented to Council at this meeting. Bags will be distributed at all fire stations Monday through Saturday between the hours of 8:00 a.m. and 5:00 p.m., and at City Hall Water Office, the Community Building, the Municipal Service Center and Sterling Municipal Library during normal business hours. The cost of the bags to the City was $2.64 per roll of 50 bags. The bags would be available in boxes of fifty (50) at a cost of $3.00 per box. This cost would include sales tax. The purchase of these bags is strictly voluntary, and the City is requesting that citizens have either exact change or pay for the bags by check. There would be a limit of two boxes per customer to insure that as many people as possible have an opportunity to buy these bags. Dan Savage, Assistant City Manager, explained that the Administration 1 71220 -19 Minutes of the Special Meeting - December 20, 1977 has developed an inventory control form that will give the City the ability to account for the bags on a daily basis. Mr. Savage explained that on a weekly basis, cash, inventories, and receipts will be balanced. Councilman Cannon inquired if the purchase of plastic garbage bags could be handled on a bill basis such as an adjustment on a water bill instead of handling cash at so many different locations. Mr. Savage commented that it would present somewhat of a problem because residents of an apartment complex might want to take advantage of purchasing garbage bags and they do not receive a water bill. Pete Cote', Utility Office Manager, commented that it would also be a problem because of addresses. Councilman Hutto suggested that the proposed procedure of collecting the money at individual locations be tried on a trial basis and Council can re- evaluate the procedure in six months or a year. The Administration recommended approval of the proposed procedure for the distribution of plastic garbage bags. Councilman Lander moved for the approval of the proposed procedure for the distribution of plastic garbage bags; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Consider Authorization to Advertise for Bids to Purchase Buoys The City made application to the Corps of Engineers several months ago to place buoys in Burnett, Crystal and Scott Bays. The City has received approval for this permit for the placing of 19 buoys in these bays at locations within one mile of the City limits. The estimated cost of these buoys is $210.00 each plus approximately $50.00 installation fee per buoy. The total cost for 19 buoys would be approximately $5,000.00. The Administration recommended that Council approve the Administration advertising for purchase and for placement of the buoys. Councilman Kloesel moved to authorize the Administration to advertise for bids to purchase 19 buoys; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Consider Economic Feasibility Study for Municipal Marina A memo from Bobby Rountree, Director of Parks and Recreation, was placed at the Council table summarizing the legal points that were investigated for the construction of a Municipal Marina. First of all, the City can condemn property for marina purposes. Secondly, land acquired by condemnation for marina purposes may be sold only after an election. The reason for this is that when a City purchases land for parks or is given land for parks, the only way the land can be disposed of is by the vote of the people. Thirdly, the City can condemn property for public use and then lease that property providing it is a short -term lease. Neel Richardson, City Attorney, explained that a short -term lease is a lease of property for two years or under. Fourth, the City can construct a marina facility and then lease its operation. Fifth, the City cannot share the con- struction cost of a marina with an individual. 1,% 71220 -20 Minutes of the Special Meeting - December 20, 1977 Bobby Rountree, Director of Parks and Recreation, contacted the Corps of Engineers concerning a permit. This permit would need to be obtained before construction could begin. It is a lengthy application dealing with such things as amount of dredging to be done, description of structures, descriptions of the type of vessels using the facilities, and impact on the environment. These questions cannot be answered without further study and an application.to the Corps of Engineers cannot be made until further study is completed. 1 i In summary, it seems that the City can legally become in- volved in the construction and operation of a marina. The next step is to decide whether to proceed with a feasibility study. Mr. Lanham explained that the City had received a proposal for a study and the cost of that is $6,800.00. The owners of the private property involved have indicated that they would be willing to pay half of the cost of the study if Council chooses to make the study. The people who submitted the proposal indicated that they would expect to complete this study within 3 months. Mr. Lanham commented that he.felt this would be an improvement that should be studied and felt that the people who submitted the proposal are well - qualified. Mr. Lanham also suggested that Council, in considering this, should consider the need to move ahead with a bond election because an improvement of this magnetitude would require a bond election, that is in the event Council determines to proceed with this improvement after the study is completed. It has been suggested that these might be revenue bonds, but cities, as a rule, get a better interest rate on tax bonds. Mayor Gentry commented that the decision Council needs to make is, should a feasibility study.be made, if Council determines they want to make a feasibility study and if a feasibility study j is made and shows that a marina at this particular location is feasible, then Council would need to make a decision whether the City would commit themselves to take it to the people for a vote as far as any funding that the City would be obligated to provide. Mayor Gentry inquired as to what the City's portion would be for the project. Bobby Rountree commented that the fee would be half - and -half. Mr. Lanham commented that the study would determine whether there is a need for a marina in this area, cost estimates, type of facilities, the number of boat slips, and various areas of federal funding that the City could explore. Mayor Gentry inquired about the application with various agencies for permission to construct a facility of this type. Bobby Rountree explained that the firm making the study could provide the City with the names of agencies to contact to make application for funding. Mayor Gentry commented that he felt that the study should also include some assurance that if the City made application to the Corps of Engineers for this particular project, there would be a strong chance of getting approval from the Corps. Councilman Kloesel expressed his concern that this study would not satisfy the requirements for a grant. Mr. Lanham explained that he did not know if this study will include the kind of engineering information that would be needed for an application, particularly for a Corps of Engineers' application. Mayor Gentry commented that he felt that the City should have some kind of assurance that the Corps of Engineers would probably grant the City a permit to build the project. Councilman Kimmons pointed out that the City needs to consider the require- ments of the Environmental Protection Agency also. 71220 -21 mMinutes of the Special Meeting - December 20, 1977 Bobby Rountree explained that the application he received from the Corps of Engineers did include some engineering work and detailed information. Councilman Hutto commented that he felt the City would be missing a good opportunity if the City did not proceed with this feasibility study. Councilman Kloesel moved that Council proceed with the feasibility study for a municipal marina; Councilman Lander seconded the motion. Mayor Gentry inquired if the full costs of this feasibility study would be borne by the City, and he was told that half the costs would be borne by the City and half by the owners of the property where a portion of the marina would be located. Mayor Gentry said that he felt that this project is going to be a City of Baytown project and for this reason he felt that if the City of Baytown wants to have this feasibility study made, the City should bear 1008 of the cost of the feasibility study; Councilman Lander concurred. Councilman Lander amended the original motion to include that the City would bear the full cost for the feasibility study; Councilman Hutto seconded the motion. Councilman Kloesel commented that he opposed this amendment because he is ready to accept a donation to the City of Baytown. Councilman Cannon concurred and commented that he felt the people who own the property have an interest in the municipal marina. The vote follows on the amended motion. Ayes: Council members Lander, Kimmons, Wilbanks and Hutto Mayor Gentry Nays: Council members Kloesel and Cannon Consider Appointments to the Electrical Board This item will be discussed in the executive session. Committee Reports None. Unfinished Business None. Recess and Reconvene Council recessed into exec matters. When the open meeting asked that the appointments for until the next Council meeting. adjournment; Councilman Kimmons was unanimous to adjourn. itive session to discuss personnel reconvened, Councilman Kloesel the electrical board be delayed Councilman Kloesel moved for seconded the motion. The vote ran it q�6, Karen Petru, Deputy City Clerk APPROVED: O. Eileen P. Hall, City Clerk