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1978 07 13 CC Minutes80713 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS Thursday, July 13, 1978 The City Council of the City of Baytown, Texas met in regular session Thursday, July 13, 1978, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Jimmy Johnson Ted Kloesel Mary E. Wilbanks Eileen Caffey Allen Cannon Emmett 0. Hutto Fritz Lanham Dan Savage Scott Bounds Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Mayor Hutto called the meeting to order and offered the invocation. Approve Minutes Councilman Johnson moved to approve the minutes of the regular meeting of June 22, 1978, and ratification of actions taken concerning each of the matters listed on the agenda of said meeting; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Receive Petitions Gladys Goodin, a resident of Woodhollow Apartments, presented a petition with 400 signatures requesting that City Council authorize the installation of a traffic signal at the Northwood intersection at Garth Road. The significant number of vehicles entering and leaving this apartment complex and the density of traffic on Garth Road makes it extremely dangerous for all drivers and passengers of vehicles travelling this route. It is intolerably time - consuming for vehicles wishing to exit Northwood and proceed north on Garth Road. his. Goodin explained that the residents of Woodhollow Apartments believe the overwhelming potential for serious injury and extensive damage at this junction can be virtually eliminated with an appropriate traffic control signal. The residents urge immediate positive action on this petition. Councilman Cannon moved to accept the petition that was presented by Ms. Goodin; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None City Manager's Report Fairway and Decker Intersection - The City, along with a number of residents of the Country Club area, has requested Minutes of the Regular Meeting 80713 -2 July 13, 1978 that the Highway Department install traffic signals at the intersection of Fairway and Decker Drive. The Administration received a letter from Mr. Omer F. Poorman, District Engineer for the Highway Department, indicating that they have received preliminary approval for the installation of signals at the intersection. It is anticipated that these signals will be three dial, fixed -time operation. The existing signals at San Jacinto Street, Baker Road, and the two Baytown plant entrances will be changed to three dial, fixed -time operation and interconnected with this signal. It is anticipated that this work will be done by contract and the contract will be let in early 1979. Baytown Marina Feasibility Study - The Administration has received a letter from the Corps of Engineers regarding the City's request for a feasibility study of a small boat harbor. The Corps of Engineers has indicated that activities pursuant to that request have been initiated and that approximately four months will be required to complete the reconnaissance phase of the study. The reconnaissance study will include the investigation of the economic and environmental feasibility of constructing a recreational marina at the site located in the vicinity of the Baytown- LaPorte tunnel. The economic, engineering, and environmental studies will be of a preliminary nature, but will be in such detail as to assess the degree of federal interest in such a project. Revenue Sharing - The federal law regarding revenue sharing requires the City Administrator to hold a public hearing and then make recommendations to Council. In turn, Council then holds a public hearing. The public hearing held by the City Administrator is scheduled for Thursday, July 20, 1978, at 6:30 p.m. in the Baytown City Hall Conference Room. Amendment - Building Code - The Administration has had additional contact with Mrs. Ramirez, who appeared before Council at the last regular meeting regarding the building of a carport. The Administration has studied this matter further and with Council's permission, the Administration would like to put an item in this regard on the next agenda. The Administration will prepare a recommendation for Council's consideration at that time. Council had no objections to placing this item on the next agenda. Hotel /Motel Tax - At a recent Council meeting, the City Council was asked to consider the possibility of a hotel /motel tax. The Administration inquired if it would be permissible to place an item regarding this matter on the next agenda, since those individuals who made the request are anxious to have some response. Councilwoman Wilbanks commented that she had received several calls from persons interested in receiving a response from Council. Councilman Kloesel remarked that he had not received any calls on the matter lately, but the responses that he received were negative. Councilman Lander commented that he would be in favor of placing this item on the next agenda. This way Council would be facing up to the matter. Council had no objection to placing the item on the agenda. Senior Citizen's Dinner Meeting - The Council received an invitation from Mr. E. C. Wood, President of the Senior Citizen's Club, inviting Council members and their spouses to the Senior Citizen's dinner meeting to be held on Tuesday, July 18, 1978, at the Baytown Civic Center. N 80713 -3 Minutes of the Regular Meeting July 13, 1978 Sliplining Project - Council authorized the Administration to take bids on some additional sliplining work and bids will be received on Monday, July 17, 1978. This item will be placed on the agenda for the next regular meeting. Country Club Water Line Replacement - All lines have been installed and have been fully tested. The contractor is in the process of changing the service taps from the old lines over to the new lines. The contractor is also doing clean up work, but repair work to sidewalks and driveways has not begun. Kilgore Road /Mockingbird Lane Storm of the pipe has been installed on Kilgor, is building the junction boxes, manholes to complete that portion of the project. in the process of installing the pipe on portion of the project. Sewer Project - All D. The contractor and other structures The contractor is the Mockingbird Jenkins - Hollaway Park - The contractor is well along in the site preparation, and is to pour the concrete slab for the scorekeepers building and the tennis courts this week. Much of the lime stabilization has been completed. Neighborhood Center - The subcontractor has started electrical work on this, and other portions of this project will be underway shortly. Questions or Comments Regarding the City Manager's Report Councilwoman Wilbanks commented that approximately one year ago Council discussed establishing the beginning date for the industrial district contracts. Councilwoman Wilbanks inquired if further consideration was ever given to this matter by Council. Councilman Lander commented that he thought a Council committee had been appointed to consider this. Councilman Cannon stated that he believed this was correct and if he remembered correctly, he had been appointed to that committee. Councilwoman Wilbanks commented that she would like City Council to address this problem so that this would be defined before the next budget year, and asked Mr. Lanham to have the records checked to determine which Council members had been appointed to serve on this committee. Councilman Cannon commented that he has been giving the present tax situation some thought. He requested that the Administration research the alternatives that the Council might have in re- evaluating for tax purposes. He asked about the legality of placing a ceiling on increasing valuation more than a certain percentage each year. Councilman Cannon commented that if Council had a policy such as this, it would put the burden back on Council and the Administration to see that property values are kept current. He further stated that he would like this report at the next Council meeting. Councilman Kloesel commented that he is also concerned about taxes which was the reason that he had requested that an item be placed on the agenda regarding the possible drafting of resolutions concerning taxes. In response to a question from Council, Scott Bounds, City Attorney, explained that the property has to be valued at fair market value. Mr. Bounds explained that Council cannot legally set a limit on a tax increase. He went on to say that the City Council could administratively attempt to establish a system which would systematically re- evaluate 80713 -4 Minutes of the Regular Meeting July 13, 1978 the City at a faster rate, or re- evaluate the City each year. Consequently, the increases in market value would not be so great. Mr. Bounds explained that City Council could not set a limit on how much taxes could increase in any one year. Mayor Hutto commented that the packet included a letter addressed to him that states to a great extent how most of the citizens of Baytown-feel about the tax evaluation. Councilman Kloesel commented that the areas that are to be re- evaluated are determined strictly at the discretion of the Tax Department. He further commented that he would like to see Council pass a resolution to provide for a homeowner exemption. Mr. Lanham commented that Representative Joe Allen called the Administration on Monday and invited any input that Council might like to give him on this matter. Councilman Lander commented that he felt that City Council should plan to go to Austin to appear at the hearings that will begin on Monday. He felt this would be the most effective means to convey the sentiments of residents of Baytown. Consider Acceptance of the 1977 -78 Parks and Recreation Advisory Board Annual Report Mr. Wayne Gray, Chairman of the Parks and Recreation Advisory Board, presented the Board's annual report to Council. Mayor Hutto commented that he and the Council members appreciated the time and effort that this board has contributed to Baytown. He stated that the results of the board's efforts were quite evident throughout the City of Baytown. Mayor Hutto further commented that the Parks and Recreation Advisory Board should continue whole - heartedly the efforts to create a scenic easement along Goose Creek Stream. Mrs. Jean Shepherd Appeared The Brownwood Civic Association Board has requested that Mrs. Jean Shepherd, President of the organization, present this statement to the City Council. "The City Council has wisely decided to omit the Brownwood area from the new West District Sewer System based on the prospect that the Army Corps of Engineers' evacuation and relocation plan will become a reality, thereby eliminating the need to provide for Brownwood. Also, no provision has been made for any major repairs or maintenance in the area for the same reason. The residents of the Brownwood area agree and applaud those practical decisions because we are well aware that we are an increasingly disproportionate expense. Old, deteriorating, long - neglected streets, sewer lines, and water mains are an expensive maintenance item. Band -aid tactics will no longer suffice and major, more expensive repairs have begun to occur. On any day of the week, City maintenance crews and equipment can be found doing a variety of repairs to keep the area barely liveable. Street crews must contend not only with potholes, but with repeatedly collapsing streets. Other crews are digging up the streets to repair geysers in the water mains. Due to lift station failure, canal -type ditches are dug diverting raw sewage to the flood pump, pumping it into the bay. Digging up a sewer line is like opening up Pandora's Box, baffling engineers for weeks. Meanwhile, we are aware that we are living with the danger of sewer borne disease and we are careful to warn the residents of the neighborhood to keep their immunizations 80713 -5 Minutes of the Regular Meeting July 13, 1978 current. We accept these conditions we live with daily because we agree with this Council that Brownwood is a closed issue and therefore our predicament is temporary. However, as we approach the budget work session, the Council must be mindful of the consequences if the City's sponsorship of the Corps project is unsuccessful. For the first time in almost a decade, a portion of City funds would have to be allocated specifically for the Brownwood subdivision to bring the neighborhood up to standard. We fear this figure will be far greater than that sponsorship, thereby using funds earmarked for permanent areas of the City and to no avail. If Brownwood would have to be included in the new West Sewer District after all, what affect would that have on the grant funds and the timetable for the project? Would a new study have to be made to determine the adequacy of the treatment plant? Could the grant money be extended or would a whole new application have to be filed? How much delay would that create? The residents of Brownwood wish to thank the City for it's concern and effort in our behalf. We are grateful for the work done on Schreck Street to prevent it's loss as an escape route. Thank you also for your cooperation on our Pride of Ownership Drive to clear the neighborhood of junk which seems to accumulate so rapidly in a distressed area. We are looking forward to the day when we are like every other citizen of Baytown contributing to the prosperity of Baytown and requiring no more that others, and we rely on the Council to put us in that position." In response to a question from Council, Mr. Lanham explained that the Brownwood area was not included in that study and report with the approval of the Texas Department of Water Resources. Mr. Lanham commented that he felt sure that if for some reason it had to be included in any work that was done in the area, the City would have to go back and include it in the study. Councilman Lander commented that the Council should make an effort to estimate the cost of supporting and maintaining Brownwood, and the Council might be overwhelmed by the figure. This would likely lead to a bond sale. Mr. Lanham explained that the Administration had prepared some estimates about 2 or 3 years ago, but felt sure that the estimates are out dated. Councilwoman Wilbanks inquired as to the current status of the Brownwood evacuation as far as word from the Corps of Engineers and possible dates. Mr. Lanham explained that they are proceeding with their study and they have gotten appropriations to continue the work. He further explained that the bond election would probably be some time next year, most likely after the first of the year. The estimated cost of building the type of sewer system that is needed in Brownwood was over a million dollars three years ago. The cost would probably be close to twice that amount today. Consider Authorizing the Consulting Engineers to Complete the Proposed Baytown Municipal Airport Master Plan Council has received a copy of the letter from Mr. William N. Dale, Chief of the Houston Airports Office of the Federal Aviation Administration. In his letter, Mr. Dale recommended that the City request the consultants to complete the master plan for the proposed airport as soon as possible. One reason for urging completion of this plan is that Mr. Dale anticipates that federal funding will be available after October 1, 1978. It is necessary that Council take action to authorize the engineers to proceed with completion 80713 -6 Minutes of the Regular Meeting July 13, 1978 of the master plan and give the general location of the proposed airport. Site B1, which is located south of Farm Road 1942, is the recommended site for the construction of the airport. The general area would be north of Wallisville Road, south of Farm Road 1942, east of Main Street and west of Cedar Bayou Road. Approximately 345 acres of land are required. The cost of the study is approximately $50,000; $45,000 of that amount would be paid by the Federal Aviation Administration. The Administration recommended that Council authorize the consultants to complete the master plan for the proposed airport utilizing Site B1. Councilman Lander moved to authorize the consultants to complete the master plan for the proposed airport utilizing Site B1; Councilman Kloesel seconded the motion. Councilwoman Wilbanks inquired if Council has approved two phases of the study. Jim Hutchison, consulting engineer, responded that studies of the types of aircraft that would use the airport, and the number of aircraft that would use the airport at the present time as well as in the future have been made. He further explained that the engineers must further study the costs involved, draw up plans showing the development of the airport, and then make suggestions as to how the City might finance the land acquisition and construction of the airport. Mayor Hutto inquired of Mr. Charles Willis, of URS /Forrest and Cotten, whose firm is working with Busch, Hutchison, and Associates on this project, as to an approximate timetable for completion of the necessary studies. Mr. Willis explained that his firm will be able to complete the Environmental Impact Assessment Report within 10 days. Completion of the entire report, including the master plan, will take about 45 to 60 days depending on the outcome of the public hearing. Mayor Hutto inquired as to who will set the date, time and place of the public hearing. Mr. Willis replied that the date can be set by the City Administrator and the hearing will be set locally. Stan Loo, of the Houston Airports District Office, commented that the FAA is very interested in developing airports in major metropolitan area, and Baytown would be an ideal location for such development. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Ordinance - Calling a Public Hearing on the Proposed Annexation of Certain Properties Belonging to Mobay Chemical Corporation The proposed ordinance calls a public hearing on the proposed annexation of certain properties belonging to Mobay Chemical Corporation to be held at the next regular Council meeting on July 27, 1978, at 7:00 p.m. This property is to be annexed in accordance with the City's industrial district policy. The proceedings on this annexation had been initiated previously. However, because of a mixup in the timing of the annexation requirements, it became necessary to begin the proceedings again. The Administration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Minutes of the Regular Meeting July 13, 1978 ORDINANCE NO. 2495 80713 -7 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Ordinance - Amending Section 18 -51 of the Code of Ordinances by Addition of an Item to Prohibit Blocking Intersections The Council Traffic Committee recommended that the City's Traffic Code be amended by the inclusion of a new subsection which would probibit a vehicle from blocking an intersection by parking or standing. This proposed ordinance is designed to prevent traffic on Texas Avenue from blocking cross - street traffic. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Councilwoman Caffey seconded the motion. Councilman Kloesel commented that he is concerned because Council has passed a large number of ordinances, some of which are enforced and some are not. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: Councilman Kloesel ORDINANCE NO. 2496 AN ORDINANCE AMENDING SECTION 18 -51, PARKING PROHIBITED FOR CERTAIN VEHICLES AND PURPOSES, OF THE CODE OF ORDINANCES TO PROHIBIT OBSTRUCTION OF INTERSECTIONS; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Prohibiting Angle Parking Within the Right -of- Way on Bayway Drive Council received a copy of a letter from Mr. Omer F. Poorman, District Engineer for the Texas Department of Highways and Public Transportation. In his letter, Mr. Poorman indicates that angle parking is permitted on the Bayway Drive right -of -way in front of the Aroma Cafeteria. Mr. Poorman indicated that the Highway Department has been advised by the Federal Highway Administation that they cannot participate in this or any other project where angle parking is permitted within the right -of -way. In order for the City to receive Federal Highway Administration funds, it is necessary for the City to prohibit this practice. Mr. Poorman suggested that parallel parking be permitted at this location instead of angle parking. This recommendation was approved by the Council's Traffic Committee. Mr. Lanham explained that this is not a new requirement. In the Bayway Drive Project Agreement between the City and the Texas Department of Highways and Public Transportation, the City agreed to maintain all the project work, regulate traffic, and prohibit parking or encroachment of the right - of -way. The Administration recommended approval of the ordinance. 80713 -8 Minutes of the Regular Meeting July 13, 1978 Councilman Johnson inquired whether the Aroma Cafeteria had been contacted in this regard. Mr. Lanham replied that the cafeteria had not been contacted as of yet. Councilman Johnson then asked if the City will place the necessary parallel parking signs and Mr. Lanham explained that the City would be responsible for placing the signs. Councilwoman Caffey commented that this matter would also affect other businesses along Bayway Drive. She inquired as to how long the Highway Department gave the City to enforce this regulation. Mr. Lanham replied that no deadline was quoted. Councilman Kloesel commented that he would like to get some public reaction to the matter, and postpone action on this item. He commented that he would vote for the proposed change if it could become effective in 90 days instead of 10 days. Mr. Bounds explained that by City Charter, any ordinance providing for a fine must become effective within 10 days of the passage date. Councilman Kloesel suggested tabling action on the matter until the Council meeting nearest 60 days of this date. Councilman Lander inquired if 60 days will jeopardize the City's position. Mr. Lanham responded that he will not know until the City receives the deeds from the state. Councilman Cannon suggested that Council pass a resolution showing the intent of Council to pass an ordinance within 60 days. If this poses a problem for Mr. Poorman, then it should be placed on the agenda for the next if the City will place the necessary parallel parking signs and Mr. Lanham explained that the City would be responsible for placing the signs. Councilman Cannon moved that Council draft a resolution assuring Mr. Poorman that it is the City's intent to approve his request within 60 days of this date, or if this poses a problem, place the request on the agenda of the next meeting, or if necessary, meet in special session to honor his request; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None At this point in the meeting, Councilman Kloesel asked that the City Manager request that the Police Department ask some property owners to remove some signs that are obstructing sidewalks and limiting visibility around town. Ordinance - Altering the Maximum Speed Limit on Baker Road Between Bush Road and Decker Drive The Council's Traffic Committee approved a recommendation which would reduce the speed limit on Baker Road between Decker Drive and Bush Road from 45 MPH to 30 MPH. Council received a petition from persons living in this area requesting the change. This portion of Baker Road has several outlets on both sides of the street. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Councilman Lander seconded the motion. Councilman Kloesel commented that the speed limit change should be delayed and more consideration should be given to removing visual obstructions. 80713 -9 Minutes of the Regular Meeting July 13, 1978 Councilwoman Caffey commented that a motorist must pull out into the line of oncoming traffic in order to see an approaching vehicle due to utility poles and fences obstructing vision. Mr. Lanham commented that the Administration had checked and have determined that the fences are on private property, but there is a possibility that the utility poles could be relocated. Councilman Lander commented that this is a densely populated area and during school hours, motorists have to slow to 20 MPH because of the school zone. Mayor Hutto felt that reducing the speed limit is not the answer to the problem, since the speed limit would be reduced 24 hours a day and not only for the particular times that are necessary. He then stated that he would like the Country Club Civic Association to review every alternative then come back to Council. Mayor Hutto further commented that he cannot agree that the speed limit should be reduced all the way to Bush Road. Mayor Hutto recognized Mr. Jack Coffman of the Country Club Oaks Civic Association. Mr Coffman commented that Council outlined the problem, but he felt that the lowering of the speed limit would be a critical part of reducing the danger in this area. Mr. Coffman commented that the key point is that when the original 45 MPH speed limit was established, Baker Road was a high crown road in an essentially rural area. At that time, there were no entrances into subdivisions, apartment complexes, or businesses. There are currently 18 entrances onto Baker Road between Bush Road and Decker Drive. The Civic Association feels that the ideal long -term solution to this problem is a four -lane divided parkway with traffic lights; however, the residents of this area felt that the reduced speed limit would be a temporary emergency solution. Mr. Coffman explained that he was presenting a petition with 197 signatures to supplement the original petition presented to Council. He then commented that he felt Baker Road should also be a thoroughfare with no passing allowed. Mayor Hutto commented that he could support any reasonable alternative, but could not support the reduction of the speed limit from Decker Drive to Bush Road. He then asked Bill Cornelius, Director of Planning and Traffic, to give his opinion as to possible solutions to this matter. Mr. Cornelius commented that he is not satisfied with the obstruction portion of the traffic ordinance, because it deals only with those obstructions that are on the right -of -way. He further stated that the utility poles at Quail Hollow Drive and Baker Road could not be moved sufficiently in either direction to improve visibility. Mr. Cornelius stated that the obstruction problem would still exist if the speed limit were reduced. Councilman Cannon commented that by not reducing the speed limit to 30 MPH to Bush Road, motorists would be reaching the intersection of Quail Hollow Drive and Baker Road at 45 MPH. Extending the 30 MPH limit to Bush Road , would give motorists ample time to slow down before entering the intersection. The vote follows: Ayes: Council members Lander, Wilbanks, Caffey and Cannon Nays: Council members Johnson and Kloesel Mayor Hutto Minutes of the Regular Meeting July 13, 1978 ORDINANCE NO. 2497 80713 -10 AN ORDINANCE LOWERING THE PRIMA FACIE SPEED LIMIT FOR MOTOR VEHICLES ON A PORTION OF BAKER ROAD; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilman Cannon inquired if the controller on the traffic light at Spur 201 and Missouri had been repaired and the problem remedied. Mr. Lanham informed him that the necessary repairs had been made. Ordinance - Awarding the Bid for the Purchase of a Sludge Hauling Trailer Only one bid was received for the purchase of a sludge hauling trailer for the West Alain Wastewater Treatment Facility. The bid was submitted by Riley Enterprises in the amount of $16,047.00. The Administration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2498 AN ORDINANCE ACCEPTING THE BID OF RILEY ENTERPRISES, INC. FOR THE PURCHASE OF ONE SLUDGE HAULING TRAILER WITH DOLLY AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF SIXTEEN THOUSAND FORTY -SEVEN AND N01100 ($16,047.00) DOLLARS. Ordinance - Authorizing Change Order No. 1 to the 1978 Street Improvement Program The proposed ordinance authorizes the issuance of Change Order No. 1 to the 1978 Street Improvement Contract. This change order will add the reconstruction of Pin Oak Street from Azalea to North Burnett at a cost of approximately $8,315.00. The original contract calls for paving Pin Oak from Bayway Drive to Azalea. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2499 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT WITH BROWN & ROOT, INC. TO PROVIDE FOR ADDITIONAL PAVING OF PIN OAK STREET UNDER THE 1978 STREET IMPROVEMENT PROGRAM AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding the Bid for the Purchase of Liquid Chlorine Two bids were received for the purchase of liquid chlorine for the Water Production and Wastewater Treatment Divisions. The bid tabulation follows: M 80713 -11 Minutes of the Regular Meeting July 13, 1978 JONES DIXIE CHEMICAL CHEMICAL DESCRIPTION UNIT EXTENDED UNIT EXTENDED PRICE PRICE PRICE PRICE 1 -ton cylinders $207.80 $31,170. $208. $31,200. (150) 150 lb. cylinders $ 25.40 $12,700. $26.10 $15,050. (500) The low bid was submitted by Jones Chemical Company in the amount of $43,870.00. This is for an estimated purchase of 150 one -ton cylinders and five hundred 150 lb. cylinders. The Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2500 AN ORDINANCE ACCEPTING THE BID OF JONES CHEMICALS, INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF LIQUID CHLORINE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. Ordinance - Awarding the Bid for the Purchase of Calcium Hypochlorite Five bids were received for the purchase of calcium hypochlorite which will be used in the Water Production and Wastewater Treatment Facilities. The bid tabulation follows: JONES THOMPSON VAN WATERS MCKESSON DIXIE 100 drums (100 lb. containers) - $66.70 ea. $61.80 ea. $71.83 ea. $77.00 ea. $72.00 ea. Extended Price: $6,670 tl. $6,180 tl. $7,183 tl. $7,700 tl. $7,200 tl. Thompson- Haywood Chemical Company submitted the low bid in the amount of $6,180 for the 100 lb. containers. The Admin- istration recommended approval of the ordinance. Councilwoman Caffey moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. In response to a question from Mayor Hutto, Tony Riddle, Purchasing Agent, explained that this particular chemical mixture is 65% chlorine. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None 80713 -12 Minutes of the Regular Meeting July 13, 1978 ORDINANCE NO. 2501 AN ORDINANCE ACCEPTING THE BID OF THOMPSON - HAYWARD CHEMICAL COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CALCIUM HYPOCHLORITE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. Ordinance - Awarding the Bid for Flexible Base Material Five bids were received for the purchase of flexible base material. Consideration was given to freight charges and distance of delivery on this bid. The bid tabulation follows: A one year contract for flexible base material, estimated quantity 7,000 tons: HIGHLANDS GULF COAST RADCLIFF TEXAS CRUSHED PARKER SHELL CO. LIMESTONE MATERIALS STONE BROS. F.O.B. PLANTSITE - Unit Price /Extended Price $7.00/ $8.00/ $49,000 $56,000 ALTERNATE - $8.25/ $8.00/ $57,750 $56,000 *includes freight $6.50/ $6.06/ $6.85/ $45,500 $42,420* $66,850 $8.50/ no bid $9.55/ $59,500 $66,850 Gulf Coast Limestone submitted the low bid in the amount of $8.00 per ton. Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2502 AN ORDINANCE ACCEPTING THE BID OF GULF COAST LIMESTONE INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF FLEXIBLE BASE MATERIAL ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. Ordinance - Awarding the Bid for the Purchase of Cement Stabilized Sand Three bids were received for the City's estimated annual supply of cement stabilized sand. The bid tabulation follows: ANAHUAC TOWING HIGHLANDS SHELL PARKER BROS. A one -year contract for cement stabilized sand, estimated quantities, Unit Price /Extended Price: 3,000 tons 1j SK cement 1,000 tons 2 SK cement 500 tons 2� SK cement $9.05/$27,150 $10.25/$10,250 $12.00/$6,000 $10.00/$30,000 $11.25/$11,250 $12.50/$6,250 $8.85/$26,550 $10.05/$10,050 $11.35/$5,675 Total: $43,400.00 $47,500.00 $42,275.00 80713 -13 Minutes of the Regular Meeting July 13, 1978 The base bid submitted by Parker Brothers was lowest, however the delivery distance figure made the bid of Anahuac Towing the lowest bid overall. The Administration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2503 AN ORDINANCE ACCEPTING THE BID OF ANAHUAC TOWING AND SHELL COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CEMENT STABILIZED SAND ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. Ordinance - Awarding the Bid for the Purchase of Ready Mix Cement Two bids were received for the purchase or ready mix cement. The bid tabulation follows: GIFFORD -HILL FRANKS & SONS A one -year contract for ready mix concrete FOB jobsite, unit price /extended price: 300 yards- concrete 5 SK $38.20/$11,460 $39.00/$11,700 Gifford -Hill submitted the low bid in the amount of $38.20 per yard. The Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2504 AN ORDINANCE ACCEPTING THE BID OF GIFFORD -HILL & COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF READY MIX CONCRETE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. Ordinance - Awarding the Bid for Traffic Sign Material The Administration was not prepared to act on this item. Ordinance - Establishing New Regulations Regarding the Subdivision of Land This item was discussed at a prior Council meeting and Council sent the proposed ordinance back to the Planning Commission. The Commission considered the matter of subdivisions that are partially but not totally within the planning area. The Commission determined that variances may be granted on required improvements in subdivisions located wholly outside the City and it's planning area but within it's extraterritorial jurisdiction, provided that said subdivision complies with the minimum standards set by the appropriate County governing body. Mr. Lanham explained that if a subdivision is partially 80713 -14 Minutes of the Regular Meeting July 13, 1978 within the planning area, City regulations would apply to the entire subdivision. The Administration concurred with the Planning Commission's recommendations, with the exception that the Administration felt the planning area should extend to Interstate 10 since this is the logical area of the City's expansion. Moreover, the half -mile planning area would be subject to frequent change because of annexation. These changes will make it difficult to administer a subdivision ordinance within the half -mile planning area. The Administration recommended approval of the ordinance and further recommended that the planning area be changed to include property south of Interstate 10 and west of Cedar Bayou. Councilman Kloesel moved to accept the Planning Commission's recommendation inclusive of the half -mile plannnig area; Councilman Johnson seconded the motion. Councilman Cannon felt that Council should consider extending the planning area to Interstate 10 with the other boundaries remaining the same, but he understood that this might pose problems for the development of that area. He felt that Council could include the development of sewer and water services to that area in the next bond issue. He commented that the developers object to the tremendous costs of running utility service lines to the City. Councilman Cannon stated further that he would support the extension of the planning area to Interstate 10 with the prospect in mind of providing utility services. Councilman Kloesel commented that the City cannot provide utility services to this area, which is a disadvantage to the developers. Mayor Hutto stated that if a motion was made to have the planning area extended to Interstate 10, and include in this motion that the City provide or participate in the water and sewer services, then he could support the motion. However, Mayor Hutto stated further that the City did not have funds to extend services to Interstate 10. Councilman Kloesel felt that the half -mile planning area would give the City fair control and make it reasonable for developers to tie into City services. Mayor Hutto suggested that the City has been short- sighted in not requiring developers to oversize some facilities that could take care of adjacent operations and development. Councilwoman Wilbanks commented that she would support the half -mile planning area, but felt that Council needed to look ahead and plan to place water and sewer lines in areas of planned future development. Councilman Johnson commented that the developments would have to meet all City standards, which would result in tremendous increases in lot prices. Councilman Cannon commented that though he would be hesitant to commit the City to additional bond issues, the City needs a master plan regarding future provisions for water and sewer services to the proposed planning area. Councilman Lander stated that he felt that developers would continue the practice of building near the city limits and then requesting that their property be annexed so that City services would be provided. 80713 -15 Minutes of the Regular Meeting July 13, 1978 Mr. Lanham commented that if this were true, the half - mile planning area would be preferable since it would cost the City less to provide fire and police protection in a compact city. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, and Wilbanks Mayor Hutto Nays: Councilman Cannon Abstained: Councilwoman Caffey ORDINANCE NO. 2505 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 27, "SUBDIVISIONS," AS PRESENTLY CONSTITUTED AND SUBSTITUTING IN ITS PLACE A NEW CHAPTER 27, "SUBDIVISIONS," REGULATING THE SUBDIVISION OF LAND IN THE CITY OF BAYTOWN, AND IN THE PLANNING AREA AND ITS EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN; REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PRELIMINARY AND FINAL PLATS FOR SUCH PURPOSE; ESTABLISHING MINIMUM SUBDIVISION DESIGN STANDARDS; PROVIDING MINIMUM IMPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER; SETTING FORTH THE PROCEDURE TO BE FOLLOWED BY THE PLANNING COMMISSION IN APPLYING THESE RULES, REGULATIONS, AND STANDARDS; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Resolution - Indicating the City's Understanding of the 208 Facility Management Agency Designation Process and Its Willingness to Proceed with Implementation of Designated Responsibilites Under the Greater Houston 208 Areawide Waste Treatment Management Plan The City of Baytown has been participating in the development of this plan which was prepared under Section 208 of the Federal Water Pollution Act. The area that has been assigned to Baytown in that study is within the incorporated city limits of Baytown. This process is necessary in order to comply with federal law, and does not place any additional responsibilities on the City of Baytown. The Administration recommended approval of the ordinance. Councilman Lander moved for adoption of the resolution; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None RESOLUTION NO. 629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN INDICATING ITS UNDERSTANDING OF THE 208 FACILITY MANAGEMENT AGENCY DESIGNATION PROCESS AND ITS WILLINGNESS TO PROCEED WITH IMPLEMENTATION OF DESIGNATED RESPONSIBILITIES UNDER THE GREATER HOUSTON 208 AREAWIDE WASTE TREATMENT MANAGEMENT PLAN. Councilwoman Wilbanks commented about the Clean Air Act Amendment currently in process. She felt that in the future, the City might be faced with enforcement regulations or procedures that are very similar to the Greater Houston 208 Areawide Waste Treatment Management Plan. 80713 -16 Minutes of the Regular Meeting July 13, 1978 Resolution - Authorizing the Director of Planning and Traffic to Apply for a STEP Grant for the Fiscal Year 1979 The Council packet included information and statistics pertaining to the STEP Program. The Council's Traffic Committee recommended that the STEP Program be continued but at a reduced level, and the Administration concurred. The proposed reduction would provide a maximum of 5 officers at 30 hours per week for selective traffic enforcement. Mayor Hutto commented that he was not aware that this item would be on the agenda until he received the packet on Tuesday. He made an effort to secure some information regarding this particular program and found it unavailable at short notice. Mayor Hutto inquired whether it would be possible to postpone action on this item until the next Council meeting. Bill Cornelius, Director of Planning and Traffic, explained that the application has to be sent in by the end of July. Council had no objection to postponing action on the item until the next regular Council meeting. Councilwoman Wilbanks commented that Council had approved an application through the Criminal Justice Grant for computer equipment to be used by the Police Department and Municipal Court a few months ago. She stated that the equipment received positive reviews and comments through the A95 Review, and the grant will probably be granted. Request Permission to Add Mercury Vapor Street Lights on Certain Streets The current budget included $30,000 for additional street lighting throughout the City. The annual cost of the Street Lighting Program will be $17,000. The Administration recommended adding 20,000 lumun street lights to Rollingbrook Drive, Cedar Bayou Road, Kilgore Road, Bob Smith Road, and Massey- Tompkins Road. The lights would be installed by Houston Lighting and Power Company. Councilwoman Wilbanks moved for the approval of the proposal to provide safety street lighting on these major streets; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Councilman Kloesel commented that a light is needed near St. Joseph's School. Resolution - To Allow Texans to Institute a Referendum to Reduce or Increase Taxes at State and Local Levels and Consider Other Constitutional Amendments Councilman Kloesel commented that he asked to have this item placed on the agenda and his main area of concern was the passing of a resolution extending the homeowner exemption. He discussed the possibility of drafting a resolution and encouraging the legislature to vote in that direction. Mr. Lanham explained that cities do not have the power to increase the exemption at the present time, but counties do. He stated that it would require a constitutional amendment to give cities that right. 80713 -17 Minutes of the Regular Meeting July 13, 1978 Councilman Lander stated that state control of city tax rates would drastically affect City budgetary planning and any resolution drawn should reflect that final control should be left to the cities. Councilman Lander felt that Council representatives should go to Austin to appear before the legislative committee. This would be the most effective means to convey Council's feeling that the City tax rate should remain a local option. Councilman Kloesel commented that a resolution presented to the committee would suffice. He stated that he is interested in two resolutions - -one being a resolution to allow municipalities to institute a referendum to decrease or increase taxes at local level. Another type of resolution would give the homeowner an exemption under the city tax structure. Councilman Lander commented that a mandatory homeowners exemption of $10,000 is being considered by the legislature. He stated that this could have a dramatic impact on municipal budgets. In response to a question from Council, Scott Bounds, City Attorney, explained that the City Charter has a referendum provision for all ordinances, but he did not know whether there is any case law that would apply to taxes. He further commented that any City ordinance is subject to referendum and the City's tax rate is always set by ordinance. Councilman Kloesel moved to have a resolution drawn to request that the State Constitution be amended to allow cities to institute a referendum that would reduce or increase taxes at the municipal level. The motion died for lack of a second. Councilman Kloesel moved to have a resolution drawn requesting a Constitutional amendment to institute a mandatory property owners exemption at a municipal level; Councilman Johnson seconded the motion. Councilman Lander moved to amend the motion to allow the homeowners exemption to be optional with the local governing body. Councilmen Kloesel and Johnson had no objection to amending the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: Councilman Kloesel The vote on the original motion as amended follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 630 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, URGING THE TEXAS LEGISLATURE TO PROPOSE A CONSTITUTIONAL AMENDMENT ALLOWING CITIES TO ESTABLISH A RESIDENTIAL HOMESTEAD TAX EXEMPTION ON A LOCAL OPTION BASIS. Consider Appointments to the Mechanical Board This will be discussed in the executive session. 80713 -18 Minutes of the Regular Meeting July 13, 1978 Committee Reports None. Unfinished Business Councilman Lander inquired as to how the Council might keep abreast of the legislative public hearings on taxes in Austin next week. He stated that he would be willing to travel to Austin to appear on behalf of the City. Mr. Lanham commented that the City could receive information on the hearings through the Texas Municipal League. Recess and Reconvene Mayor Hutto recessed the open meeting into executive session to discuss personnel business and land acquisitions. When the open meeting reconvened, the following business was transacted: Consider Appointments to the Mechanical Board Councilman Lander moved to reappoint A. W. Whitaker, Registered Professional Engineer, Paul Tisdale, Licensed Air Conditioning Contractor, and A. R. Knox, citizen not in the building business, to the Mechiancal Board; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Adj ourn With no further business to be transacted, Councilman Lander moved to adjourn; Councilman Johnson seconded the motion. The vote was unanimous to adjourn. — �:]� ajl-� R2 t-h I I ) Karen Petru, Deputy Cif-y- Clerk APPROVED: &�� �- 4'LL Eileen P. Hall, City Clerk io