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1978 08 24 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS August 24, 1978 The City Council of the City of Baytown, Texas, met in regular session Thursday, August 25, 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 the invocation was offered by Mayor Hutto. Approve Minutes Councilman Kloesel moved to approve regular meeting of August 10, 1978, and of August 15, 1978, and for ratification concerning each of the matters listed on meetings; Councilwoman Wilbanks seconded vote follows: the minutes of the the special meeting of actions taken the agendas of said the motion. The Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Receive Petitions None. Consider Statement of Houston Lighting and Power Company Cost of Service and Fuel Cost Adjustment for September Council received a copy of a letter from Quin McWhirter, District Manager for Houston Lighting and Power Company. In his letter, Mr. McWhirter sets forth the proposed fuel cost adjustment and cost of service adjustment factors for the month of September. The cost of 2000 KWH in September will be $68.24. This is $6.28 less than the August figure of $74.52. The reason for the decrease is a substantial reduction in the unit fuel price. Lamar Kelley Appeared Lamar Kelley, a spokesman for the Baytown Taxpayers' Association, appeared. Mr. Kelley apologized for the Association's delay in coming before Council, but stated if this delay had an effect on the outcome of what the Association is attempting to accomplish this year, the Association will begin their efforts earlier next year to accomplish the desired results. Mr. Kelley explained that the Taxpayers' Association is concerned with rising taxes and is dedicated to fighting these increases by banding together to demonstrate their voting power by taking whatever avenues open to bring about relief and turn the trend in other directions. The feeling is widespread among the members of the Association that 80824 -2 Minutes of the Regular Meeting - August 24, 1978 approaching the City Council as individuals will produce little, if any, results. The cost of living today is a catalyst that brings about this reaction. Food prices are going out of sight, utility rates are extremely high and getting higher, gas prices have risen, City water rates are too high and have the sewer charge unfairly based on the amount of water used - -all of which seem to have become an unbearable burden for citizens who pursue the American dream of owning homes and providing for their families. The first area that concerns the Association is the present Equalization Board. Mr. Kelley quoted a paragraph from the Board of Equalization Report, "It is the opinion of the Equalization Board that the fair market value established overall tends to be a little high by using sales figures that are not closely associated to a given piece of property as they should be. Overall consideration should be given to the fact that almost all of Baytown is vulnerable to some degree of flooding. This flooding coupled with tax rates which might tend to become higher than surrounding areas will cause new families to locate elsewhere and has already caused some citizens to consider moving." Mr. Kelley explained that the paragraph quoted reports an inequity in the recent appraisals, but gives no solutions. He stated that the Board of Equalization was never given a copy of the City Charter, and therefore, the members of the Board did not know all the duties and authority of the Board. Mr. Kelley quoted that Section 85 of the City Charter states, "It shall be the duty of such Board to examine and if necessary revise the assessments that are returned by the City Assessor - Collector, to the end that all property within the City shall be assessed as fairly and as uniformly as possible." Mr. Kelley explained that what he read in the Equalization Board's report relates to a problem of inequity but gives no solution. Mr. Kelley requested that the City Council not accept the report of the Board for another week. If Council chooses to do this, the Board can reconvene to complete the job that they were charged to do since the Board now knows what to do. Mr. Kelley also commented that the Baytown Taxpayers' Association requests that Council repeal the hotel /motel occupancy tax recently passed and that the utility sales tax be returned to the citizens of Baytown as quickly as possible. Mr. Kelley commented that the members of Council had been working on a proposed City budget for the forthcoming year and that the Association felt that the only way to control taxes in the final analysis is to control the budget. This is the sole responsibility of the Mayor and the Council. Mr. Kelley explained that the Association understands that the Council proposes to grant a tax rate reduction from $1.52 to $1.44. On a $20,000 house, this would be a reduction of only $8. This is minor relief since 44 subdivisions had evaluation increases of 1000, 2000, and even 3000. This is hardly the relief in the tax rate that the taxpayers in Baytown expect. Since responsibility for the money spent in any one year rests finally with the Council, the Baytown Taxpayers' Association asks that Council not adopt the proposed City budget in its present form. He asked that Council take the City budget under further study and affect some economies in it. Then the tax rate reduction can be far greater than the proposed 80. The Association does endorse the proposed 9% pay increase for City employees. Mr. Kelley further explained that if Council proceeds to pass the proposed City budget in its present form, the Association will take the only other recourse allowed by the 80824 -3 Minutes of the Regular Meeting - August 24, 1978 City Charter - -bring about a recall election of those members of the City Council that vote for this budget in its present form. It will take only 51% of the total number of votes cast in the last City election to bring this about and that number of signatures can be obtained in a few days with a group as large as the Baytown Taxpayers' Association. Mr. Kelley explained that the only Council members that can be removed are members that have been in office for six months or less. The process will be to remove the members of Council that are eligible at the present time and the remainder later. Councilman Kloesel commented that he appreciated Mr. Kelley's report. In response to a question from Council, Mr. Kelley explained that it was his understanding that if Council did not vote on the Board of Equalization report, the Board can reconvene. Councilman Kloesel commented that prior to Mr. Kelley's announcement he had decided to vote against the proposed budget because he felt that there were too many frills. He also commented that he will support the effort to reconvene the Equalization Board if it is necessary. Mr. Kelley commented that the Board of Equalization felt that they needed this extra week to make matters clearer for all concerned. Councilman Kloesel commented that there is a reaction time needed for the budget and this budget had only been finalized on Monday. Councilman Lander inquired if the Board felt more time was needed to make some adjustments in the evaluations that were made earlier. Mr. Kelley explained that although the Board felt some of the evaluations tended to be a little high, no attempt was made to alter those evaluations; therefore, the Board had not discharged its obligations to the City Council or the taxpayers. Mr. Kelley stated that he did not intend to do anything that would hurt the government of the City of Baytown. Councilman Kloesel suggested that one route that might be considered is to have the Board ask that this report be placed on the agenda for the next regular Council meeting. He also suggested that if the Board of Equalization would like to have a work session with Council, it may prove beneficial. Councilwoman Wilbanks inquired if the City Attorney is of the opinion that this Board is still a functioning entity until the City Council inspects the report. Scott Bounds, City Attorney, explained that the Council is directed by City Charter to approve the assessment roll for the collection of taxes. After it is approved by City Council, the Board of Equalization nor City Council nor anyone else has the right to re- examine the assessment roll. Prior to the acceptance by Council of the assessment roll, the Board would have the right to call a meeting pursuant to the open meetings law, and take whatever action deemed appropriate after the proper notice is posted. Although the City Charter states that the assessment roll has to be presented to Council by October 1, as a practical matter the report has to be presented by September 27 because the City Charter also requires that the budget and tax levy be established three days prior to the end of the fiscal year. 80824 -4 Minutes of the Regular Meeting - August 24, 1978 Councilman Lander inquired what kind of problem delaying action on this matter would pose for the Administration. Mr. Lanham explained that as long as the report is presented for Council consideration prior to the last meeting in September, the delay would cause no problem. Councilman Johnson moved to extend the Board of Equalization for a week, or for the time needed within the limits set by the Charter. Councilman Kloesel stated that assuming the Council rolls back the tax roll to 1977 and cut taxes to some extent, this would decrease the budget. He further stated that it is important for the citizens to have some input in the budget process, and proposed that a recap of the budget by departments be mailed to the citizens. Mr. Kelley stated that if Council needs some assistance in the budget process, the Association has two gentlemen with CPA degrees to examine the budget and the Association is prepared to offer constructive suggestions. Mayor Hutto commented that the Board of Equalization needs to bear in mind that if the Board does recommend any drastic action, the City Council will need to weigh that with what affect it will have in the Tax Department. Mr. Kelly commented that before the Board will come back to Council with any kind of recommendation, representatives of the Association will meet with the Administration to determine if what the Association plans will fit with the schedule that Council must adhere to by Charter. In response to a question from Mayor Hutto, Mr. Bounds commented that if Council does not take any action, the Board of Equalization will be allowed to reconvene. Councilman Cannon stated that he would like Dorothy Vidrine, Chairperson of the Board of Equalization, to make the official request to withdraw the Board's report. Receive Report from 1978 Tax Board of Equalization Dorothy Vidrine, Chairperson of the Board of Equalization, asked that the the Board be allowed to withdraw their report and assured Council that the Board will reconvene as soon as possible. Council had no objection. City Manager's Report Community Development Agency of Harris County - The Administration has received notification from the Community Development Agency of Harris County regarding the City's 1978 Community Development Block Grant which will be in the amount of $440,000. Plans are being prepared now using the 1977 allocation. This amount of money is approximately the same amount of money that was allocated in the 1977 allotment. The City's share of this money comes through the County. The City of Baytown is not a direct recipient of the grant. Houston Lighting and Power Company Rate Increase - The City Attorney has advised the Administration that in his opinion, it is necessary for the Council to hold a public hearing on the HL & P request for a rate increase before September 20, 1978. The Administration recommended that this public hearing be held at the next regular Council meeting to be held on September 14, 1978. 80824 -5 Minutes of the Regular meeting - August 24, 1978 In response to a question from the Administration, Mr. Bounds explained that the City of Baytown would have to enter into the hearing by September 20, 1978, and then the City can continue from there. Councilman Kloesel inquired as to what type information the Administration expects to have from the Texas Municipal League action. Mr. Bounds responded that the Texas Municipal League will make its presentation to the Public Utilities Commission on September 18, 1978, and sometime after that the City should expect to have a packet from Touche Ross on the rates and detailed rate analysis. Bond Sale - The bids on the Baytown Area Water Authority bonds will be received on September 14, 1978. The BAWA Board will receive the bids at 5:00 p.m. An item will be placed on the Council agenda for consideration. Street Improvement Program - Denby Street - The subgrade and base have been lime - stabilized from Pruett to Massey; the base has been lime - stabilized from Lee Street to Wheatly. The contractor has started on West Gulf and has removed the old asphalt surface between Lee and Felton. Kilgore Road /Mockingbird Lane Storm Sewer Project - The work left to be done there includes two inlets on Mockingbird, a junction box on Kilgore and the outfall headwall off Kilgore Road. After this work is completed, there will be repair of concrete and asphalt pavement, driveways, and general cleanup. Country Club water line replac, approximately 99% service with only Neighborhood building and this Water Line Replacement - The Country Club ament, including the change order, is complete. The pipe is in place and in cleanup work remaining to be done. Center - The carpenters are framing the job is approximately 15% complete. Jenkins - Hollaway Park - This job is approximately 30% complete and the work is proceeding on the parking areas and the trails through the wooded section. The concession stands, restrooms, and scorekeepers building are framed, closed in, and ready for roofing. Preparation of the ballfields is underway and the electrical contractor is installing the various underground electrical systems. Questions or Comments Concerning the City Manager's Report Councilman Johnson inquired if the caretaker has moved onto the premises at the Sports Complex. Mr. Lanham explained that he had moved in on Wednesday. Councilman Johnson inquired about the vandalism in the parks. Bobby Rountree, Director of Parks and Recreation, responded that the vandalism has decreased considerably in the past couple of weeks. Mayor Hutto commented that he received a call earlier from a teenager who requested that the City put basketball nets on the goals at the park on South Main Street. Mr. Rountree responded that the City puts nets on the goals in city parks about every two weeks. Councilwoman Wilbanks inquired if the dead pine trees have been removed from Jenkins - Hollaway Park? Mr. Rountree commented that the problem with the pine bark beetles is areawide and not in just a few trees. Mayor Hutto remarked 80824 -6 Minutes of the Regular Meeting - August 24, 1978 that approximately 18 months ago he and Mr. Rountree had made arrangements with a gentleman from Cleveland, Texas, to come to Baytown to remove the trees, but the man has never removed the trees. Mr. Rountree commented that the Parks Department has removed the dead trees from around the tennis courts and the trails. Councilman Kloesel commented that the Council needs to appoint an auditor for the next 6 month period. Mr. Lanham explained that he was going to suggest later in the meeting that Council appoint a committee to work on the appointment. Councilman Kloesel commented that several citizens from 1701 through 1705 Fifth Street have complained about the wooded area behind that street needing cleaning. Mr. Lanham commented that the Administration would check into the matter. Councilman Kloesel commented that the City needs to have a permanent sign installed on Durrain Road indicating that it is closed to through traffic; temporary markers are in place at the present time. Councilman Kloesel commented that citizens who are doing recreational fishing or shrimping in the bays around Baytown are being cited, which is according to law, but he is concerned about the state citing citizens for recreational fishing or shrimping. Councilman Kloesel stated that he was not aware that citizens would be cited for recreational fishing or shrimping when the question was raised concerning the placement of buoys. Mayor Hutto recognized Jean Shepherd, who commented that a group from the Brownwood Civic Association and another group looked into and requested buoys. These groups discussed this carefully and considered how this may affect the sportsman. The sports fisherman has never been able to shrimp for table shrimp in those bays. The sportsman has only been allowed to take a maximum of two quarts of bait shrimp, which applied before the buoys were in place. Mrs. Shepherd explained that this somewhat upset the citizens, but the groups considered this matter before coming before Council to request the placement of the buoys. She further stated that there is plenty of room outside the buoys for the sportsman to take his two quarts of shrimp for bait. Councilman Kloesel asked that this item be placed on the next agenda for possible consideration in recommending a change in state law. Receive Semi - Annual Audit Report for Period Ending March 31, 1978 James E. (Sonny) Rougeou, representative of Gerace, Hullum, and Company, Inc., was present to present the semi- annual audit report for the period ending March 31, 1978. Council received a copy of the report in the agenda packet. This report is required by the City Charter. Mr. Rougeou highlighted a few items of the report. The general fund revenues are up for the period ending March 31, 1978 by 24.65% over the same period for last year. The general fund expenditures are up only 11.48 %. In regard to the water fund, revenues are up 27.890 over last year while the water fund expenditures are actually down 12.650. The general fund financial position is excellent as indicated on the balance sheet of the report; however, the water fund is experiencing some difficulty due to problems of delayed W1 .1: Minutes of the Regular Meeting - August 24, 1978 water billing. Mr. Rougeou commented that once the billing is caught up, this problem will be alleviated. In response to a question from Councilman Lander, Mr. Rougeou explained that the auditors are required by generally accepted accounting principles to capitalize assets in the water fund and not required to do so in the general fund. Councilman Kloesel inquired if an account shows a line item to be overspent and there is a transfer of funds between line items, would the audit reflect this? Mr. Rougeou replied that the audit would not reflect this because the City Charter allows the transfers between general group accounts. Ordinance - Fixing the Ad Valorem Tax Rate Levy for the 1978 -79 Fiscal Year Council was not prepared to take action on this item. Ordinance - Adopting the Annual Budget for the 1978 -79 Fiscal Year Council was not prepared to take action on this item. Ordinance - Adopting the Budget for the Entitlement X Revenue Sharing Funds Council was not prepared to take action on this item. Ordinance - Exempting the Residential Use of Gas and Electricity From the One Per Cent (1 %) Sales Tax Mr. Lanham pointed out that Council's decision on this item could have been influenced somewhat by the action on the items past, however, in order for this to be effective by October 1, the Administration must notify the Comptroller of Public Accounts Office prior to September 10, 1978. Councilman Cannon moved for the adoption of the ordinance removing the 1% sales tax on residential use of gas and electricity; Councilman Kloesel seconded the motion. Mr. Lanham explained that the estimated revenue from this tax for the 1977 -78 year was approximately $107,000. Mayor Hutto commented that he is concerned that the Council does not know where they stand in matters with regard to the Tax Board of Equalization. Mr. Lanham explained that if Council wishes to take action on this item after September 10, 1978, it would be effective January 1, 1979. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2521 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN EXEMPTING THE RESIDENTIAL USE OF GAS AND ELECTRICITY FROM THE ONE PERCENT (1 %) CITY SALES TAX. Reconsider the Adoption of the Hotel /Motel Occupancv Tax Councilman Johnson had requested that the item to reconsider the adoption of the hotel /motel occupancy tax be placed on the agenda. Councilman Johnson apologized to Council for acting on the hotel /motel occupancy tax without 80824 -8 Minutes of the Regular Meeting - August 24, 1978 sufficient knowledge.. He explained that there had been no meeting of any of the cultural or civic groups to let Council know what their priorities are or how much money would be needed. Estimated revenue from the tax is $80,000 to $85,000 if the full 4% were levied. Councilman Johnson further commented that he cannot see giving anyone carte blanche spending power. Priorities should be set if Baytown is going to establish this tax and Council should know where the money is going and how it is being spent. Councilman Johnson said he had not realized that the Council could have established a 2% tax. Councilman Johnson stated that he had talked to representatives of seven industrial plants in the surrounding area. One ., opposed the tax, while six took no stand. Councilman Johnson stated that he hates to see the City taxing a certain group of people who come through the City, but he is for anything to promote the City of Baytown. Councilman Johnson moved to rescind the hotel /motel occupancy tax until Council obtains the necessary information from the various cultural and civic groups; Councilman Kloesel seconded the motion. Councilman Johnson remarked that after Council receives this information, Council can decide whether the tax is needed or whether the money can be allocated from the budget or revenue sharing. Councilwoman Wilbanks commented that she agrees with many of the things brought forth by Councilman Johnson, but in her own mind, the question is what should the steps in this decision making process be? Council could decide to go with the concept, then appoint a board of citizens to look at uses in our community and perhaps act as an appeal board for the various groups interested in receiving an allocation. Mayor Hutto recognized Jean Shepherd, President of the Bay Area Heritage Society. She explained that she originally appeared before Council some time ago and suggested that Baytown look into the possibility of a hotel /motel tax to benefit the City. At no time were any of the groups asking for a carte blanche check. Mrs. Shepherd explained that the City Council has the right to enter into a contract with any group it so desires in order to promote the City of Baytown, and the entire 4% can be used for the promotion of Baytown. It does not have to be allocated to any cultural or historical group. Twenty -five percent of the revenue from this tax must be spent for the promotion of Baytown. However, the revenue could be spent to help cultural and historical activities without asking support from taxpayers. Mrs. Shepherd emphasized the tax was never intended to benefit just one group; however, before the groups can plan their budgets they must know funds will be available. Mrs. Shepherd explained that as far as she knows, the cultural groups in this city are the Community Chorus, Baytown Symphony Orchestra, Baytown Little Theatre, and the Bay Area Heritage Society. There is a possibility of one other group according to how this group is chartered. She felt that none of these groups would take advantage of the money because the people who compose these various groups are people of integrity. Mayor Hutto recognized David Corder, founder and conductor of the Baytown Symphony Orchestra, who told Council the orchestra can afford only three concerts a year at a total cost of $8,000. He described fund - raising difficulties and 80824 -9 Minutes of the Regular Meeting - August 24, 1978 said the orchestra would like to present more concerts if it could get more money. Corder agreed with Councilman Johnson that the various fine arts groups should get together to discuss their needs. Mr. Corder explained that the groups make their money by donations and advertising in the programs. Mr. Corder felt that if money was allocated for the promotion of the fine arts, this would make Baytown a better place in which to live and would make Baytown something greater than a work motive which it already is. Mr. Corder further stated that he will give the fine arts the support that is needed. Councilman Johnson commented that he is in favor of promoting the various fine arts in Baytown and perhaps revenue sharing or budget funds could be allocated for this purpose instead of the hotel /motel tax. Councilman Kloesel community should support City. He felt that this that get involved in the tax would hit the people comprise the majority of bring the total tax levy tax levied by the state. felt that the private sector in the these activities rather than the is a problem area in large cities promotion of the arts. The hotel /motel who come to work in Baytown and motel occupants. The 4% tax would to 7% because of the existing 3% Mayor Hutto said that the cultural organizations are worthwhile but he could not support a tax for which citizens would have no opportunity to vote. He further stated that he would be happy to assist through revenue sharing and even the budget if possible but that he is unable to support the tax. Councilman Lander pointed out that these groups have been before Council before to request funds, and the Council has turned them down. Therefore, the groups have given up coming before Council to request funds. He stated that he voted against this tax because he felt the City should not tax guests for something the citizens of Baytown are going to enjoy. He added he would consider requests for the fine arts, but priorities must be set in the budget. Mr. Corder said that he believed in the concept of the tax in which money is earmarked for cultural activites. Because the City has other needs, Corder felt that the tax is perhaps the only way in which the arts can thrive. Mayor Hutto recognized Dolly McAlpin, President of the Baytown Little Theatre, who said that there are people who come through Baytown wanting to attend plays. Inflation and building repairs are causing financial difficulties. The theatre would someday like to build a new theatre which would cost in excess of $100,000. Mrs. McAlpin explained that her group does not ask for money from any source other than the sale of ads in their programs. She commented that it is coming to a point where the group is going to have to seek help from some other source. Mrs. McAlpin commented that the groups will be glad to get together and meet with Council about their needs. Mayor Hutto recognized Mrs. Blanche Weiler who also spoke in favor of the tax, pointing out it will not only help the City but will offer something for visitors. Mrs. Shepherd asked that Council leave the hotel /motel tax as it is now without rescinding it. Allow the groups to meet and discuss their budgets, then reappear before the Council. 80824 -10 ).4i,nutes of the Regular Meeting - August 24, 1978 Mayor Hutto recognized Perry Simmons, former motel operator and now a private citizen, who said he had no argument with the cultural activities, but questioned the vehicle by which these activities should be supported. Mr. Simmons explained that it had been his experience that hotels and motels contribute to the City just as libraries, schools, hospitals and cultural organizations. Someone had mentioned that the tax would be a selective tax but Mr. Simmons commented that he felt it is a discrimatory tax. The name of the game is occupancy in the motel and hotel business. An occupancy tax is definitely a deterrant to occupancy. Mr. Simmons concluded that the hotel /motel tax is a bad tax for motels and hotels and for the economy of the town. Mr. Simmons commented that if this tax is passed it might put powder on the cultural face of Baytown but it will cut off Baytown's economic toenails. Councilwoman Caffey commented that Nassau Bay, Clear Lake City and Webster, Texas have a hotel /motel tax. Councilwoman Wilbanks commented that in fairness to the groups, there is a practical aspect. The groups have heard from three or four Council members who have said to come before Council, there will be money available in the budget or revenue sharing. Council has just had this room full of people indicating that the frills must be cut from the proposed budget. Councilwoman Wilbanks feared the Council was creating a false feeling by indicating to these groups that money would be available when in reality she felt that this is not the case. Councilman Lander concurred and stated that Council would have a difficult time allocating funds for cultural activities when there are potholes and sewer leaks that need attention. Councilman Lander further commented that if Baytown wants cultural activities, the citizens should pay for these and not the guests of the City. Councilman Cannon stated that he supports keeping the tax but would like to have the tax lowered to 2% to see what can be accomplished with these funds. He emphasized that he supports these groups but would have a hard time rationalizing an allocation from the budget or revenue sharing for their promotion. Mayor Hutto recognized Michael Elder, who asked Council not to support the tax because it would be faulty thinking to consider that every citizen would take advantage of these cultural activities. Councilwoman Wilbanks pointed out that everybody has an idea of what is important; therefore, she would support the tax for those citizens who are interested in the cultural advancement of the City. The vote follows: Ayes: Council members Lander, Johnson, and Kloesel Mayor Hutto Nays: Council members Wilbanks, Caffey and Cannon ORDINANCE NO. 2522 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN REPEALING THE TAX LEVY UPON THE COST OF OCCUPANCY OF ANY SLEEPING ROOM FURNISHED BY ANY HOTEL. Mrs. Shepherd commented that Councilman Johnson wanted to rescind the hotel /motel tax for such time until the different cultural groups can compose their budgets and meet with Council. She inquired whether the various groups 80824 -11 Minutes of the Regular Meeting - August 24, 1978 should bring their budgets to Council so that the hotel /motel tax may be reconsidered. Councilwoman Wilbanks asked Councilman Johnson if he felt the Council should be the force to initiate the getting together of these groups. Councilman Johnson replied that he did not think so. Councilwoman Wilbanks clarified that she was thinking in terms of other boards that act in an advisory capacity to Council. Councilwoman Wilbanks suggested that Council appoint a group of citizens to work as a research committee. Councilman Kloesel commented that the Council would not need such a committee since the people who spoke tonight were very impressive in their presentations. Councilman Cannon said that the City has citizens' boards for the library and parks and recreation department, and he would support a cultural advisory board. Councilwoman Wilbanks inquired if it would be legal for her to make a motion asking for the Council to work with a configuration of a council of the arts that would be directly related to hotel /motel tax reconsideration in the future. Mr. Bounds explained that she could ask the Council to appoint a committee to deal directly with this. Councilwoman Wilbanks moved that the City Council appoint such a council of citizens to look into the issue of fine arts and the promotion of the City that would be directly related to this hotel /motel tax should it come before Council in the future; Councilwoman Caffey seconded the motion. Councilman Kloesel stated that he will oppose the motion because the intent was for Council to consider this aaain when these groups brought forth some figures to Council. In a sense, Council may be reconsidering a negative vote. Councilwoman Wilbanks commented that to clarify her motion, she would like the members of Council to appoint a committee whose responsibility would be to bring together interested parties with budget data to be presented to Council to justify any expenditure that might be requested. The vote follows: Ayes: Council members Johnson, Wilbanks, Caffey and Cannon Nays: Councilman Kloesel Mayor Hutto Mayor Hutto called a ten minute recess. Consider the Selective Traffic Enforcement Program Councilman Kloesel explained that Council had a request from a citizen, Michael Elder, to reconsider the STEP Program. Councilman Kloesel moved that the STEP Program, a federally funded overtime program, be rescinded by the City Council; Councilman Johnson seconded the motion. Councilman Kloesel commented that the STEP Program has created an additional tax both mentally and financially on citizens. Tickets cause citizens to pay for legal fees, lose time from their jobs, and pay more for insurance. Mayor Hutto recognized Michael Elder, who spoke against the program. Mr. Elder commented that the program is a miserable failure and it is taking citizens' money as well as increasing citizens' insurance premiums. He felt that speed is not the main factor in traffic accidents; the main factor is lack of attention. One problem of the program is over - enforcement in some areas and under - enforcement in other areas. He did not feel that a traffic ticket could be compared with the importance of a theft in a business or a residential area. STEP is driving a wedge between the 80824 -12 Minutes of the Regular Meeting - August 24, 1978 police officers and the people. These officers have worked long and hard for their image and deserve this good image and they do not deserve to have it tarnished by a federal program. Mr. Elder objected to the City receiving federal funds for STEP and suggested the City allocate funds to pay officers overtime to work the areas of greatest need. Mr. Elder called STEP a moneymaker and remarked that the disadvantages of the program far outweigh the advantages. He said that if someone does not stop taking federal funds, taxes will be higher still by next year. He would like for Baytown to receive publicity on the good side by going on record as saying no to this federal program. Mayor Hutto recognized Mervin Rosenbaum, who defended the STEP Program by saying that the statistics have shown a reduction in accidents while the City population has increased. Data shows that the average speeder is travelling 15 MPH over the legal speed limit, and if ticketing these offenders is harrassment, then everyone needs to be harrassed. Mr. Rosenbaum commented that one way to avoid all this expense is to obey the law. The STEP Program provides a means of making Baytown a safer city. Mr. Rosenbaum further explained that STEP provides funds to keep police on the job longer, and by virtue of having more officers on duty, they can respond rapidly to other calls. Congress has decided that traffic safety needs additional emphasis. Mr. Rosenbaum asked that Baytown use its share of these funds to continue to provide a high quality of life in Baytown by making it an even safer place to live. Councilman Lander remarked that he had been contacted by several people in support of the STEP Program, and for that reason he will continue to support the program. Councilwomen Wilbanks and Caffey stated that this is the response that they have had also. Councilman Kloesel commented that he gets calls mostly from people expressing opposition to the program. He felt that the statistics do not prove the program is reducing accidents; some months the accident rates are almost identical. Mayor Hutto said he favors traffic safety but wanted the City and not the federal government to control the program. The vote follows: Ayes: Council members Johnson and Kloesel Mayor Hutto Nays: Council members Lander, Wilbanks, Caffey, and Cannon Ordinance - Amending the Subdivision Ordinance to Permit the Use of Galvanized Pipe for Storm Sewers Council has received a copy of the proposed ordinance which would give subdividers the choice of either using concrete pipe or using corrugated galvanized metal pipe. The City has used this type pipe from time to time and found it to be satisfactory. The Administration felt that subdividers ought to be given the opportunity to use galvanized pipe so long as required standards are met. The ordinance as proposed gives the City Engineer the authority to establish standards, and it is his plan to use the State Department of Highways and Public Transportation's specifications. If Council would like this stated in the ordinance, the proper wording can be added. 80824 -13 Minutes of the Regular Meeting - August 24, 1978 Mayor Hutto recognized Mr. Joe Spiller, representative of the Texas Concrete Pipe Association, who asked for an opportunity to address the Council. Mr. Spiller commented that the reason he requested to address the Council was to discuss the design of storm sewer outlets, outfall, etc., and the wording of the ordinance. Mr. Spiller commented that his association would like to feel that in the writing of this ordinance, that there would be more room for fair competition. He felt that the design of the project should be taken into account rather than just setting out a particular class of pipe for each specification. He briefed Council about the different specifications that can be used for different designs. The design surface should be considered in figuring what kind of load the surface would be handling. Mr. Spiller commented that in metal pipe, there is no gauge specified. There is no specification for the coating or galvanizing in the ordinance. Mr. Spiller stated that the Texas Concrete Pipe Association is objecting to the fact that the City requires an extreme class of concrete pipe under excessive heights of backfill or excessive traffic loads, where any gauge could be used. He further explained that his association is a,technical- association and they have a great deal of technical information and specifications that they would like to make available to the City Engineer in order to determine the criteria for the use of proper pipe. Mr. Spiller asked that the Council defeat the proposed ordinance as it now stands and give the association the opportunity to furnish current data to the City Engineer and be allowed to help write up -to -date specifications. In response to a question from Council, Mr. Lanham explained that the old ordinance adopted several years ago provides that if wherein the opinion of the City Engineer added strength of pipe is needed for traffic loads over minimum cover or for excessive height of backfill, concrete pipe should be ASTMC -14 extra strength or ASTMC -76, class 4 or 5. Mayor Hutto commented that this ordinance was written in an ambiguous manner leaving a question concerning gauge specifications. Also, the Mayor questioned how the asphalt coating on the pipe would be assured. Mr. Lanham replied that this is something an inspector would be responsible for. Mayor Hutto commented that he could see nothing wrong with obtaining specifications on this. In response to a question from Councilman Lander, Mr. Lanham explained that there is a publiciation, State Highway Plans and Specifications:, which Mr. Dykes indicated he would use as a standard. The Administration had no objection to• revising the ordinance to specifically state that this publication will be the standard. Mayor Hutto commented that he would like to see this and would like to see some of the ideas that Mr. Spiller brought forth considered. Mr. Lanham explained that the reason for this item being placed on the agenda is that a developer is interested in the use of this pipe. This developer has questioned the fact that the City is using this pipe when developers are prohibited from doing so. Mr. Lanham explained that the City has used this type pipe in work in the Roseland Oaks area, a portion of Park Street and in the Glen Arbor area. Councilman Johnson inquired if the City used the highway specifications in this work. Mr. Dykes explained that the City used the highway specifications and there is one specification that deals with corrugated galvanized metal pipe and the gauge is specified. auaG4 -1q Minutes of the Regular Meeting - August 24, 1978 lir. Spiller commented that the City might check with District 12 of the Highway Department which only allows metal pipe under the road when said pipe is encased in concrete pipe. Councilman Kloesel commented that since most of the specifications are written statewide with each area having different problems, the City's attention should be directed toward this area where there is a lot more corrosion. Councilman Kloesel stated that he would like to see some specifications identified in the ordinance and asked that Council delay action on this item until those are included in the ordinance. Councilman Kloesel moved that Council delay action on this item until the specifications can be included in the ordinance; Councilman Johnson seconded the motion. Councilwoman Wilbanks commented that she would like to delay action on this, but would like it to be left open for various alternatives to be considered before bringing the item back before the Council. Councilman Kloesel commented that he is interested in including the specifications that the City's Engineering Department is recommending, but those specifications need to be coordinated with the local District Engineer of the Highway Department. Mayor Hutto recognized Mack Holland, a developer who commented that the City has used this type pipe in Chapparal Village, Quail Hollow, and along Park Street. Mr. Holland explained that he ordered the corrugated metal pipe to find that it was not included in the subdivision ordinance. Mr. Holland explained that he is in dire need of proceeding with development, and this metal type is considerably cheaper than the concrete pipe. Mr. Holland felt that if the City could use the corrugated metal pipe, subdividers should also be allowed to use this type pipe. He pointed out that none of this will be under a street because it will all be in the easements. Councilman Johnson said that in view of Mr. Holland's remarks, he would withdraw his second to the motion. - Mr. Lanham said that changes could be made in the ordinance to refer to the highway specifications. Councilwoman Wilbanks suggested a special meeting be considered since time is of the essence. Council scheduled a special meeting to be held on August 31, 1978, at 5:30 p.m. *Councilman Cannon left the meeting at this point. Ordinance - Appropriating Revenue Sharing Funds for the Retired Senior Volunteer Program (RSVP) Funding for this appropriation would be available from the unappropriated surplus in the revenue sharing account. Mr. Jimmie Day, a member of the Board of the RSVP Program requested that Council appropriate $3,600 in revenue sharing funds to enable RSVP to continue its activities. Of this total, $1,600 would be used to complete the 1977 -78 fiscal year. The RSVP Program has 120 active volunteers and utilize approximately 100 volunteers per month in various locations. The Administration recommended approval of the ordinance. 80824 -15 Minutes of the Regular Meeting - August 24, 1978 Joan Baird, representative of the East Harris County Retired Senior Volunteer Program, responded to the question concerning mail -outs that approximately 2,000 mail -outs are dispensed monthly. Ms. Baird explained that the cost for the printing of the newsletter is contributed by the sponsoring agencies. The postage money comes from the City and contributions from the Houston office because the newsletter goes to the entire county. An estimate on the total print out for each month is approximately $100. J. B. LeFevre, Director of Finance, clarified that prior allocations of revenue sharing funds are closed out periodically. Therefore, a new allocation must be appropriated from the unappropriated surplus account. Councilman Kloesel moved for adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2523 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH THE RETIRED SENIOR VOLUNTEER PROGRAM FOR THE REGISTRATION, RECRUITMENT, AND COORDINANTION OF THE SENIOR VOLUNTEER COMMUNITY SERVICE; AND APPROPRIATING THREE THOUSAND SIX HUNDRED AND N01100 ($3,600.00) DOLLARS FROM REVENUE SHARING FUNDS WITH REGARD TO SUCH AGREEMENT. Ordinance - Changing the name of Summerset Drive in Whispering Pines to September Drive When Whispering Pines, Section 4 was platted, one of the streets was named Summerset Drive. There is a street in the Country Club Oaks Subdivision which is also named Sommerset Drive, although the spelling is slightly different. The Administration recommended approval of the ordinance. Councilwoman Caffey 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. 2524 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BAYTOWN CHANGING THE NAME OF SUMMERSET DRIVE TO SEPTEMBER DRIVE. Ordinance - Awarding the Bid for Reconditioning of the East James Street Water Tower Three bids were recieved for the painting and reconditioning of the East James Street water tower. The bid tabulation follows: BLUE RIBBON WATER TANK SERV. DEAN JONES Sandblasting and painting of elevated water storage tank: $41,576.00 $19,898.00 $25,000.00 0U0zq —ltd Minutes of the Regular Meeting - August 24, 1978 Water Tank Service Company submitted the low bid in the amount of $19,898.00. Budget estimate for this work was $30,000. The Administration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. Councilman Kloesel inquired as to the location of the company. Gary Anderson, Assistant Director of Public Works, explained that this company is located in Pasadena. Mr. Anderson further explained that this company has done a great deal of work in this area and for other municipalities. The owner of the Water Tank Service Company commented that his company does approximately 75010 of this type work done within a 200 mile radius of Houston. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2525 AN ORDINANCE AWARDING THE CONTRACT FOR RECONDITIONING OF THE EAST JAMES STREET•WATER•TOWER'TO WATER TANK SERVICE COMPANY FOR THE SUM OF NINETEEN THOUSAND EIGHT HUNDRED NINETY -EIGHT AND N01100 ($19,898.00) DOLLARS. Ordinance - Awarding the Bid for the Purchase of an Air Compressor for the Police Department Garage Eight bids were received for an air compressor for the Police Department Garage. The bid tabulation follows: WILSON'S COMPRESSOR m/m Speedaire No. 7Z 505 $1,595.59 AIR SPRAY EQPT. m/m Ingersol -Rand 10E3 $2,570.00 MARARD SALES CO. m/m not given $2,629.00* AIR POWER SERV. m/m Ingersol -Rand 10E3 $2,504.00 *does not include installation. MCKENZIE EQPT. m/m LeRoe A- 64512 -H $3,050.00 WELDERS SUPPLY m/m Emglo U10A or B120 $2,626.00 VASCO EQPT. Champion HR12 -12 $2,452.00 COMPRESSED AIR SERV. Curtis CV -9711A $3,144.00 Wilson's Compressor Service submitted the low bid in the amount of $1,595.59. The estimated cost of this equipment was $2,000. 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, and Caffey Mayor Hutto Nays; None budz4 -1 Minutes of the Regular Meeting - August 24, 1978 ORDINANCE NO. 2526 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ACCEPTING THE BID OF WILSON'S COMPRESSOR SERVICE FOR THE PURCHASE OF ONE AIR COMPRESSOR AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND FIVE HUNDRED NINETY - FIVE AND 59/100 ($1,595.59) DOLLARS. Ordinance - Amending the Mobile Home Ordinance At its August 18, 1978 meeting, the Mobile Home Review Board recommended approval of the following changes to the mobile home ordinance: 1) The Board approved changing the definition of a mobile home park from one which included 2 or more mobile homes to one that would include 5 or more mobile homes. 2) The Board recommended approval of a change in the definition of an occupied mobile home so that a mobile home will be considered occupied if it is connected to 2 or more utilities. 3) The Board recommended approval of a provision which would delete the annual requirement for individual parking permits. 4) The Board approved a recommendation that mobile home parks built outside the City and subsequently annexed shall have 6 months to comply with the provisions of the mobile home ordinance. If a variance is obtained, this may be extended one year. 5) The Board approved a recommendation that no mobile home located outside of a mobile home park shall be parked in a flood hazard area. 6) The Board recommended approval or an increase in the mobile home park operators license fees. These fees were originally established in 1968. The increase proposed will double the fees. The annual license for a mobile home park with under 16 units goes from $10 to $20, and the fees escalate to a maximum of $60 for a park containing 80 or more units. Councilman Johnson inquired if this meant so many dollars for each unit or for the total units in the park. Mr. Lanham explained that it meant so many dollars for the entire park. Mr. Lanham explained that one of the major changes is that the City will no longer require the annual permit fee ( and inspection. This will free an employee of the Inspection Department for work in other areas, such as removal of junk cars. Councilman Kloesel commented that he is opposed to removing the annual inspection of the mobile home parks. Mr. Lanham explained that the City would require an inspection when the mobile homes are initially placed, but the yearly inspections are no longer justifiable. Jack Cramer, Chief Building Inspector, remarked that when a mobile home owner changes locations the trailer will have to be reinspected. 80824 -18 Minutes of the Regular Meeting - August 24, 1978 Councilman Kloesel commented that he still felt that it is important to continue the annual inspection of mobile homes. He further stated that another area that concerns him is the change in the ordinance that deals with the number of homes placed in a park. In response to a question from Councilman Kloesel, Mr. Bounds replied that there will still be an area requirement. The mobile home park must meet the requirement of 4,000 square feet per mobile home. Mr. Bounds explained that for each mobile home that is placed on a tract of land, the same requirements must be met. The proposed ordinance does not change the density requirements; it follows the same guidelines. Councilman Lander moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks and Caffey Mayor Hutto Nays: Councilman Kloesel ORDINANCE NO. 2527 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 17A, "MOBILE HOME PARKS" AS PRESENTLY CONSTITUTED AND SUBSTITUTING IN ITS PLACE A NEW CHAPTER 17j, "MOBILE HOMES," REGULATING MOBILE HOMES IN THE CITY OF BAYTOWN; CREATING A MOBILE HOME BOARD AND DESIGNATING ITS POWERS AND RESPONSIBILITIES; REQUIRING CONSTRUCTION PERMITS FOR MOBILE HOME PARKS; REQUIRING MOBILE HOME PARK OPERATOR LICENSES, AND PROVIDING FOR ENFORCEMENT; PROVIDING MINIMUM STANDARDS FOR MOBILE HOME PARKS; REGULATING MOBILE HOMES OUTSIDE MOBILE HOME PARKS; 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. Ordinance - Authorizing the Extension of Garth Road Sanitary Sewer Line Council received a copy of a letter from D. E. Roberson of Gray Enterprises. In his letter, Mr. Roberson indicates that the Baytown Development Limited is developing the property at the southeast corner of the Park Street and Garth Road inter- section. He requests that the City extend sanitary sewer service 100 feet south of the Park Street sanitary sewer line and he proposed that his firm will extend that line to serve the property which would be developed. Mr. Roberson included bid proposals for the cost of both an 8 -inch line and a 10 -inch line. Under the terms of the City's sewer extension policy it is possible for the City to pay the cost of oversizing a line to serve future development. The difference in cost between this 8 -inch line and 10 -inch line would be $1,834.30 using the bids that Mr. Roberson provided. The City, however, does not have a policy of installing the first 100 feet of sanitary sewer line and therefore, it would be necessary for Gray Enterprises to actually bear the cost of the first 100 feet. The Administration recommended that the City authorize the extension of the Garth Road sanitary sewer line with the City paying the additional cost over and above the cost necessary to install the 8 -inch line. This is consistent with past practices. Councilman Kloesel stated that he would like to approve the extension but felt that the City should receive more bids than those provided. 80824 -19 Minutes of the Regular Meeting - August 24, 1978 Mr. Lanham explained that the ordinance does not require that the developer take bids. The ordinance provides that the City Coun- cil negotiates a reimbursement contract with the builder and in the past the Administration has asked the developers to obtain bids to establish a figure as a basis for negotiation. In response to a question asked by Mr. Lanham, Norman Dykes commented that he felt this is a reasonable figure for this type work. The City can always go out for bids but then specifications would have to be drawn and the advertisment process would have to be followed. Councilman Lander moved for approval of the request; Councilman Kloesel seconded the motion. Mayor Hutto commented that he is concerned that the City is asking a taxpayer and a property owner to pay for a utility that is to be brought to his property line. Councilwoman Wilbanks commented that the City will pay the difference in the 8-inch line and the 10 -inch line even within that 100 hundred feet but will not pay the installation. Mayor Hutto commented that this property happens to be located where there is not a sewer line in front of the property. The developers are in a position, if the development is to be continued of having to pay to bring a city utility to the property. Mayor Hutto stated that he could understand the City paying the difference for a larger line but did not understand requiring the owners of the property to pay for the full 100 feet because the City would desire all revenue from the line. Mayor Hutto commented that he could see this if the property were outside the city limits and the City would be bringing in a new subdivision but this area is developed except for that small portion. Councilman Lander said that he felt the City's policy is consistent. Mayor Hutto recognized Mr. D. E. Roberson, who commented that he and a group have owned this property since 1972. This group is soliciting permission to extend utilities to the development. The Administration recommended approval of the ordinance. Council concurred that be looked at in the future. Ayes: Council members and Caffey Mayor Hutto Nays: None this policy is something The vote follows: Lander, Johnson, Kloesel, ORDINANCE NO. 2528 that needs to Wilbanks AN ORDINANCE AUTHORIZING THE PAYMENT OF ONE THOUSAND EIGHT HUNDRED THIRTY -FOUR AND 30/100 ($1,834.00) DOLLARS TO BAYTOWN DEVELOPMENT LTD. FOR A PORTION OF THE COSTS OF A SANITARY SEWER LINE ON GARTH ROAD. Resolution No. 637 - Authorizing the City Manager to Apply for a Criminal Justice Grant to Continue the Harris County Organized Crime Control Unit The City of Baytown is the administrative sponsor of this unit. The unit is comprised of law enforcement officers from Harris County, Houston, Pasadena, Baytown, and other municipalities within Harris County. The application would be for the amount of $125,525. This 6U5Z4 -6U Minutes of the Regular Meeting - August 24, 1978 is identical with last year's application. The City of Baytown presently has 2 officers assigned to this unit. These funds would be used to continue employing 3 clerical people and provide the unit with operating funds. The City is reimbursed for vehicle mileage under this grant. The Administration recommended approval of the resolution. Councilwoman Caffey moved for adoption of the resolution; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks and Caffey Mayor Hutto Nays: None RESOLUTION NO. 637 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR THE CONTINUED OPERATION OF THE HARRIS COUNTY ORGANIZED CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 638 - Approving Plans and Specifications for the Ashleyville Street Assessment Project and Directing the City Clerk to Advertise for Bids At the last meeting, the Council took no action on the proposed Ashleyville Street Assessment Project. At that time, there was some concern about the willingness of the property owners to participate in this project. Mr. Lanham explained that there had been some changes in ownership. Mr. Starett had owned the property on the corner of Ashleyville Street and North Main which was sold. Mr. Starett took the petition to the gentleman who purchased the property and he signed it. Also, one of the other property owners that had not signed previously, signed the petition this time. At the present time, there are more signers than on the original petition. The petition meets the 65% requirement of the policy. The Administration recommended approval of the resolution. Councilman Kloesel moved for adoption of the resolution; Councilman Johnson seconded the motion. . Councilman Lander inquired as to what is the possible use of that undeveloped land to the east. Mr. Starett explained that the land can always be developed. Councilman Lander expressed concern about spending the money to pave a short street that dead ends, but commented that he assumed one day this street will be extended. Mr. Starett explained that at the present time, the street is not being used for any other purposes except for ingress and egress to the residences. Mayor Hutto commented that those people are due a good street and supposed that it would cost the City a sizeable sum to blacktop that street. Mr. Starett explained that the residents of that neighborhood had been trying to get the street paved for a long time, and would be grateful to have a paved street. Councilman Lander commented that if the land to the east is developed sometime in the near future, Ashleyville Street is the only way to have access to that property. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks and Caffey Mayor Hutto Nays: None RESOLUTION NO. 638 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE ASHLEYVILLE STREET ASSESSMENT PROJECT AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. 80824 -21 Minutes of the Regular Meeting - August 24, 1978 Resolution No. 639 - Granting Consent to the Formation of the Meadow Lake Municipal Utility District The proposed resolution grants City permission for the formation of the Meadow Lake Municipal Utility District. Meadow Lake Village will be developed as a partnership of John Burly Company and South Gulf Management Company. Mr. Johnny Busch introduced the owners of this property. Mr. John Burley is a skilled developer and the South Gulf Management Company is a subsidiary with Entex Company. This district will be located at the northeast corner of the inter- section of Interstate 10 and John Martin Road. It will be developed by the South Gulf Management Company. Mr. Busch commented that the plans for Meadow Lake Village were reviewed by the Planning Commission at their last meeting. The proposed development will include 238.26 acres and be developed into 880 single family residential lots plus some multi - family unit development. One of the main features of Meadow Lake Village is about a 12 acre lake that will be developed for recreational purposes such as boating and fishing. There will be some park area adjacent to the lake for recreational use for the owners of the property. It is necessary to receive the consent of the City of Baytown in order to petition the Water Rights Board for the formation of a municipal utility district and also certain other legal procedures must be followed. The petition and the legal documents have been prepared and delivered to the City Administrators. Mr. Busch further commented that the City of Baytown's subdivision ordinance will be adhered to totally and completely in the develop- ment of the subdivision. The City of Baytown will have the privileges and rights to examine the plans and approve all the development of plans as they are prepared. In response to a question from Councilman Johnson, Mr. Busch explained that a municipal utility district is a governmental entity and in order for it to be established, an election must be held. Mr. Busch commented that hopefully the election will pass and authorize the formation of the municipal utility district. The Water Rights Commission in Austin supervises very closely the formation and operation of these districts. Utility districts have the privilege of selling bonds to finance construction of improvements. These bonds are sold and supervised by the Water Rights Commission and the enabling consent also sets certain stipulation and requirements, qualifications for the bonds so that they can be sold. Specifically, the bonds can be used for the portion of costs in installing the water and sewer lines, drainage lines, sewage treatment plant, and water production facilities. Councilman Johnson inquired as to the planned source of water for the district. Mr. Busch commented that at this time, the only source of water available would be a water well which would have to be permitted by the Subsidence District. The only method of disposing of the sewage is to obtain a sewage discharge permit to build and operate a sewage treatment plant. Mr. Lanham explained that one of the requirements on the bonds is that the district reserves the right to redeem the bonds at the end of 15 years. One reason for this is that if the City should annex the area, the City may want to refund the bonds. The sub- division must meet the requirements of the City's subdivision ordinance and the plans for the subdivision must be submitted to the City for inspection. Mr. Lanham explained that the Administration had received a copy of the public hearing notice today on Meadow Lake's application for a sewage treatment plant which would discharge effluent into a proposed Barris County Flood Control Ditch and then to Goose Creek and then Tabbs Bay. That hearing is scheduled for October 12, 1978. The Administration recommended approval of the resolution. Councilman Johnson moved for adoption of the resolution; Council- man Kloesel seconded the motion. 80824 -22 Minutes of the Regular Meeting - August 24, 1978 Mr. Lanham explained in response to a question from Council- man Lander that the developers have the right to either obtain approval from the City or ask the City to annex this area and provide services. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT AS PROVIDED BY TEXAS REVISED CIVIL STATUTES ARTICLE 970a, TO THE FORMATION OF A MUNICIPAL UTILITY DISTRICT UNDER THE AUTHORITY OF SECTION 54.016, TEXAS WATER CODE, TO BE KNOWN AS MEADOW LAKE MUNICIPAL UTILITY DISTRICT, AND EMBRACING WITHIN ITS BOUNDARIES 238.264 ACRES, MORE OR LESS, IN HARRIS COUNTY, TEXAS, SAID AREA BEING HEREIN MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO, UPON THE CONDITIONS AND PROVISIONS HEREIN STATED. Consider Adopting Revised Plans and Specifications for Baytown Area Water Authority Treatment Plant As a result of the special meeting held on August 15, 1978, the City Council withdrew it's approval of the plans and specifications for the proposed Baytown Area Water Authority treatment plant and instructed the BAWA Board to review the proposed wage schedule for construction of this plant. On August 21, 1978, the BAWA Board held a special meeting, reviewed the wage schedule, and recommended the inclusion of the heavy construction schedule which had been requested by the Houston Gulf Coast Building and Construction Trades Council. The BAWA Board also recommended that the construction time for this project be extended from 550 calendar days to 650 calendar days. The Plant would be built using the heavy construction schedule and work outside of the plant such as the parking area, etc. where the different type of skills would be required, the highway scale would be used. In talking with bidders, several of the bidders felt that they could give a better bid if they had more time. This would move the completion day to August, 1980 instead of April, 1980. Councilman Kloesel commented that what the Building Trades asked was to use the heavy construction schedule for the largest portion of the project, and then the Building Trade schedule for the buildings, and inquired if the BAWA Board completely rejected this. Mr. Lanham explained that the buildings constitute 6% or less of the total project and explained that it was his understanding that the very last thing that the representative from the building trades requested was that the heavy construction schedule be used. Councilman Lander expressed concern that the cost of this " project would be greatly increased by this alteration in the minimum wage scale. He felt that there were reputable contractors who would be willing to bid with the lower minimum wage scale. Mr. Lanham explained that one reason the BAWA Board extended the completion time is that the Board felt that some of that increase could be offset. After further discussion, Councilman Kloesel moved that the revised plans and specifications for the Baytown Area Water Authority Water Treatment Plant be approved; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Johnson, Kloesel, Wilbanks and Caffey Mayor Hutto Nays: Councilman Lander 80824 -23 Minutes of the Regular Meeting - August 24, 1978 Consider Report on Downtown Texas Avenue At the last Council meeting, Mr. Roy Fuller, representative of the Downtown Texas Avenue Merchants and Property Owners requested that Council cooperate with that group as follows: 1. Provide stricter enforcement of the 2 -hour parking limits; Mr. Lanham explained that this had been discussed earlier by the shifting of duties having to do with junk vehicles to the Inspection Department, will free Officer Turner for stricter patrol of Texas Avenue. 2. Provide adequate police patrolling to that area at night, particularly on weekends. This is being done. The Administration included money in the proposed budget to continue this practice as necessary. 3. Provide additional street lights which would serve as a deterrant to much of the activity. Mr. Lanham explained that the Administration had asked Houston Lighting and Power to take a look at this and make recommendations. The Administration has not received their report. 4. Encourage the City Administration and various service groups to continue their cooperative attitudes in helping to resolve the problems on Texas Avenue. The Administration will continue to work with the merchants and property owners along Texas Avenue toward the possibility of additional parking and when the recommendation is received from Houston Lighting and Power, the Administration will report back to Council. Discuss Sewer Service to Cedar Bayou Park Utility District Mr. Lanham explained that this is a water district across from Stallworth Stadium. The packet included a letter from W. J. Murdaugh, Jr. regarding sanitary sewer service to the Cedar Bayou Park Utility District. The District would like to establish a sewer system with collection lines and also build a treatment plant. The effluent from the plant would be discharged into Cedar Bayou. A number of sewer plants discharge their effluent into Cedar Bayou and this would not be anything different than present practice. The Cedar Bayou Park Utility District had worked out a tentative agreement with the Gulf Coast Waste Disposal Authority to issue bonds and begin construction on a sanitary sewer system for this utility district. Some of the members of the Board would like to make sure that this is not something that the City of Baytown could do. Mr. Lanham explained that in the future the area may be annexed to the City and then the City would assume the obligations and the assets of the district but is not in the position to do so at the present time. The Administration recommended that the Administration be given permission to notify Mr. Murdaugh that the City would be unable to provide the requested sanitary sewer service. Councilman Johnson inquired if the City will have some juris- diction over the way the plant will be built and operated. Mr. Bounds commented that Council passed a resolution similiar to that considered for Meadow Lake Village that enabled the creation of the district so that Baytown would have the authority to review the plans and specifications. Mr. Lanham explained that this location is approximately two or three miles from the City's nearest sewer facilities. 80824 -24 Minutes of the Regular Meeting - August 24, 1978 Councilman Johnson moved to accept the recommendation of the Administration; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, and Caffey Mayor Hutto Nays: None Committee Reports None. Unfinished Business None. Recess, Reconvene, and Adjourn Mayor Hutto recessed the opening meeting into executive session to discuss land acquisition and personnel matters. When the open meeting reconvened, Mayor Hutto appointed Council members Lander, Caffey and Johnson to the Audit Committee and asked that Councilman Lander serve as Chairman of the Committee. With no further business to be transacted, Councilman Johnson moved for adjournment; Councilman Lander seconded the motion. The vote for adjournment was unanimous. APPROVED: Eileen Hall, City Clerk "Ha P,.,Yo ��-(It Kared Petru, Deputy City Clerk