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1978 09 28 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 28, 1978 The City Council of the City of Baytown, Texas, met in regular session, Thursday, September 28, 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 O. Hutto Fritz Lanham Scott Bounds Dan Savage Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilwoman Councilman Mayor City Manager City Attorney Assistant City Manager City Clerk Mayor Hutto called the meeting to order and the invocation was offered by Councilman Jimmy Johnson. Approve Minutes Councilman Lander moved for the approval of the minutes of the regular meeting of September 14, 1978, and the special meetings of September 11, 1978 and September 20, 1978, and ratification of actions taken concerning each of the items listed on the agendas of said meetings. Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks and Caffey Mayor Hutto Nays: None Receive Petitions None. City Manager's Report A set of plans for the proposed Stage 1 Development of the next phase of Loop 201 (the portion from Hunter Street to Highway 146 at McKinney Road) has been received by the City. This work consists of grading, structures and storm sewers at an estimated cost of $17,022,445. A work session has been scheduled for Tuesday, October 3; therefore, the Administration has placed this item on an agenda for a special meeting prior to the work session in order that the City will not be be the cause of any delay in this project. The plans were received too late to place that item on the agenda for the regular meeting. Baytown Area Water Authority Water Treatment Plant - Bids were received for the construction of the Baytown Area Water Authority Water Treatment Plant on Wednesday, September 27, 1978. Four bids were received. The apparent low bidder is Chisholm Trail Construction Co., Inc. for the amount of $10,200,000. The high bid is for the amount of $14,750,000; the other two bids were very close to the estimate which was approximately $11,800,000. The low bid is approxi- mately $1,500,000 below the estimate. The bids are being studied by the consulting engineers for recommendation to the BAWA Board on Thursday, October 5. 80928 -2 Minutes of the Regular Meeting - September 28, 1978 Animal Sterilization Program - Dan Savage, Assistant City Manager, reported on the Animal Sterilization Program. He explained that the 1979 Revenue Sharing Budget includes $15,000 for the issuance of vouchers for the purposes of animal sterilization in Baytown. Last year's program allocated a similar amount for issuance of vouchers for the purposes of animal sterilization in Baytown. Last year's program allocated a similar amount for issuance of vouchers worth $20.00 toward the sterilization of a pet. The program was quite successful in that all 750 vouchers were issued by June, 1978, a nine -month period. The Administration would like to recommend that for the 1979 Animal Sterilization Program, the vouchers be worth $15.00 toward sterilization of an animal which would provide 1,000 vouchers for issuance. Councilman Johnson reported that he had spoken to three vet - ernarians, one of whom stated that he would be willing to help with the program in anyway possible, the other two stated that the pro- gram probably could support the reduction in the voucher amount. Mr. Lanham stated that the item would be added to the agenda for October 3. Councilman Kloesel inquired what the requirements are to protect against rabies? The City Attorney stated that the ordinance requires that dogs be vaccinated but there is no requirement that tags be issued; therefore, the only enforcement is in the event that the dog is caught running at large, the owner must either provide proof of vaccination or have the animal vaccinated. Councilman Kloesel felt that the rabies requirement should be strengthened and asked that that item be placed on the next agenda. Outstanding Member City Award - The City of Baytown received the Outstanding Member City Award at the Texas Amateur Athletic Federation Meeting this week in Longview. This award is given to the city that has accomplished most toward building of athletic facilities and providing good athletics programs. This is the second award that the Parks & Recreation Department has received this year. Sliplining - The contractor has pulled approximately 1250 feet of liner form Miriam Street to West Main between Ash and Willow. A sewer line has collapsed on Felton Street, and the City Manager has approved a change order to add that section to this contract. Street Program - The contractor is working on Louisiana, Elm, Nazro, South Shepherd, Third, Allman and Gulf. The contractor is making very good progress. Mockingbird Lane /Kilgore Storm Sewer Project - This project is very near completion. The last of the cement work is underway and much of the cleanup work has been completed. The system is operational and is handling storm water runoff. Sports Complex Neighborhood Center - The work has progressed at a steady rate. The roof and sides have been installed and with the installation of doors and windows, the outside of the building will be complete. Work will then begin on the interior. Hold a Public Information Meeting on the Status of the Proposed Municipal Airport *Allen Cannon present. Air. Jim Hutchison with the firm of Busch, Hutchison & Associates, Inc., along with Chuck Willis, representative of the firm of URS /Forrest and Cotton, Inc. were present. Mr. Hutchison made the preliminary :1•_: Minutes of the Regular rJeeting - September 28, 1978 statements to apprise members of the audience of what had occurred to this point. He explained that the Baytown Municipal Airport Master Planning Study is almost complete. The Council authorized this study which is being partially funded by FAA. URS /Forrest and Cotton, Inc. of Dallas has assisted Busch, Hutchison and Associates in the development of this study. On October 12, a public hearing will be held at which time the entire study will be reviewed and those proceedings will be recorded with all questions being answered at that time. Mr. Willis explained that there would be a slide presentation which had been presented at a previous meeting, but the intent was to bring everyone up -to -date, and to advise everyone on an informal basis which direction the study has taken and where the airport site recommended by URS /Forrest and Cotton, Inc. is located. The draft copy of the Environmental Assessment Report has been on file with the City for two weeks. This document will be turned into an Environmental Impact Statement after various federal and local agencies have had an opportunity to review the document and make comments. This is an essential part of the master planning process and the site cannot be developed with federal assistance unless the process is complete. The public notice was published two weeks ago advertising the public hearing. This meeting is not an official part of the process, but the FAA recommended that this meeting be held to help eliminate any confusion or misunderstandings. Prior to Mr. Willis's film presentation, Councilman Lander inquired as to the involvement of the Houston - Galveston Area Council. Mrs. Wilbanks, City of Baytown representative on the Council, explained that H -GAC is involved with respect to looking at the master plan and the number of airports in the area to determine duplication of services. Many studies are being performed in this area, but realistically only a certain amount of funding is available. H -GAC did vote on the allocation of funds for planning, but H -GAC has not addressed funding for the actual construction process. The film presentation covered location of site, reason for location, noise contours, traffic patters, various environmental impacts, etc. The consultants have concluded that there are four alternatives: (1) do nothing, (2) acquire and improve the existing facility, (3) select an alternate site to serve in addition to the existing facility, (4) acquire and abandon the existing facility and select an alternate site. The consultants determined after a very detailed study that Site B would be ideal. The runway shown is 5,000 feet and the noise contours do not fall on any known residential properties. The En- vironmental Assessment Impact Report has been developed with this site in mind. In response to a question from Council concerning selection of Site B rather than A, A2, Mr. Willis explained that overflight and the relationship of the airport traffic patterns to the surrounding area, as well as to other airports were the factors which lead to selection of Site B. However, Mr. Willis did emphasize that there is no real clear distinction between A, A2, and B, and there are many things that are difficult to quantify such as local opinions and views. Cost was a definite factor since a portion of this project will be FAA funded and the remainder will be funded by local participation. The area surrounding Site A is developing rapidly as a residential area which is a consideration. There are power lines situated to the south that are approximately 100 foot lines which may interfere with the runway to the south. This too is a factor. The Environmental Assessment Impact Report has been developed for Site B, not Site A, and if the City elects to abandon the development of Site B, an Environmental Assessment Impact Report will have to be developed for Site A or whichever site is decided upon. Mr. Lloyd Burnside concurred that the selection of Site B was a perfect place for a runway; however, he is opposed to this location because the area is subject to building and at present, he is farming the area. 80928 -4 Minutes of the Regular Meeting - September 28, 1978 A gentleman from the audience asked why Sites E and F were eliminated from consideration. Mr. Willis explained there were several airspace problems in that area, particularly around radio antennas located in this area. Both of the sites are not easily accessible. The market area extends into Houston and a difference of a few miles makes a marked difference in the success or failure of an airport. The fact that these sites are in a different political subdivision could also cause problems. There are environ- mental problems which definitely cannot be dismissed because that sort of problem has stopped the building of $100,000,000.00 dams. In response to questions from the audience, the City Manager, explained that the City does have the right of eminent domain or condemnation of property for public purpose. In 1965 an election was held on whether an airport should be constructed for Baytown and the proposition failed. If the City Council decides that an airport should be constructed for Baytown, then the citizens of Baytown will vote on bonds to fund such a project. Only citizens of Baytown are allowed to vote on bond propositions because the citizens of Baytown retire such bonds. Mr. Willis responded to a question concerning Humphrey Airport. The airport could be expanded but at great cost. The existing facilities are adequate for light airplane use, but the runway needs to be strengthened and it needs additional length. Also, the runway needs more protection environmentally which would necessitate the purchase of additional land. The airport is heavily encroached by residential property. All of these factors would mean a large amount of investment, and if the airport were improved to accomodate future growth, then the area that would be impacted by noise in years to come would be substantial. The reason that the FAA is interested in funding the project is that this airport will serve an area considerably larger than Baytown. The estimated cost for this facility is approximately $3,000,000.00 of which FAA would fund approximately eighty (800) percent. Mr. Bill Miller commented that he was interested in the air- port because he owns property in that area. He suggested that the airport be planned for future growth. Mr. Miller felt that the construction of an airport would not hamper development of that area, because the area would develop a reasonable distance around the airport. Mr. Miller stated that the Humphrey Airport has done a great deal for the community; however, the city could not afford to purchase that airport, expand its facilities, and still have the airport situated in the center of residential property. In response to a question concerning Humphrey Airport, Mr. Willis explained that in order for an airport to have utility for the vast majority of general aviation catergory aircraft, it must have a certain amount of length and a capacity to withstand certain weights. FAA criteria for basic transport airports requires at least 5,000 feet of runway to assure that the airport can support the kind of operation that will be in demand in this this area. Mr. Humphrey stated that at Humphrey Airport there exists 4200 feet of runway which means that the runway would only need to be extended 800 feet. He also stated that the road on the south end of the airport has never been opened until recently. Mr. Willis stated the point is that by looking at a period of 20 years and by looking at the requirement to insure that the airport and its facil- ities are safe and adequate for the kind of activities that will be generated by the increasing demand of the Houston area, then the FAA criteria is specific. If that criteria is followed and applied to the Humphrey site, this site will be quite costly to develop. Also, involved are other considerations that involve local sensitivity to the noise problems. 80928 -5 Minutes of the Regular meeting - September 28, 1978 Mayor Hutto informed those present that the information presented was strictly presented to inform the public and invited all those present to attend the public hearing to be held on October 12. Mr. Willis stated that all comments at the public hearing would be incorporated into the final Environmental Assessment Impact Report which will go to all agencies involved. Houston Lighting and Power Company Fuel Cost Adjustment and Cost of Service Adjustment for the Month of October, 1978 The statement reflects that fuel cost adjustment has increased by $1.70 and the cost of service adjustment has increased by $.21 for a net increase of $1.91; however, because of the sales tax being eliminated there is a reduction of $1.34 for the month of October. Council took no action on this item. Hear Report from Architect on Sterling Municipal Library Air Conditioning System James I. Davis, Architect on the Sterling Municipal Library Expansion, was present to discuss air conditioning problems at the library. Mr. Davis said that the prime problem with the air conditioning system at the library at the present time is a non - functioning hot water pump. That pump was repaired in November, 1977 and has since ceased functioning again. Mr. Davis stated that this problem will be remedied; however, the City will continue to have these type problems unless a well- trained air conditioning maintenance crew is hired. He felt that such a crew is needed to keep all such equipment oiled, filters changed, belts changed and tightened, etc. Mr. Davis stated he would be happy to work up a recommendation in this regard. Spaw Glass has assured Mr. Davis that any problem of the original contract will be remedied at no cost to the City. Mr. Davis recommended that Council consider the replacement of the air conditioning /heating system in the old portion of the library some time in the near future because the equipment is rather old and should be replaced. The estimate provided previously was $45,000.00 and would now be approximately $65,000.00. Hear Report from Consulting Engineers on Pedestrian Crossing at the West Main Bridge Council authorized Busch, Hutchison and Associates, Inc. to prepare plans and specifications for the construction of a walkway for the West Main Bridge. Jim Hutchison, representative of that firm, was present to report to Council concerning certain problems that had occurred. The Corps of Engineers had no requirements, but stated that the City would need to get approval from the Coast Guard to build the walkway. The Coast Guard is requiring that the fenders which were included in the original permit be restored as original placed or removed entirely. One fender had disappeared completely, two have been pushed completely out of alignment and the other two are situated properly but completely under water. If the fenders are removed, the original permit will have to be amended to show that there are no fenders. The original permit was acquired by the County, but when the City annexed this area, the bridge became city property. The cost to remove the fenders is $5,000.00, and these must either be removed or restored to original placement whether the walkway is constructed or not. The original estimate to construct the walkway was $65,000.00, but the engineers have revised this estimate to $120,000.00. The $5,000.00 is included in this revised estimate. The Coast Guard has required that the span across the old channel be longer which will be more costly, and more piling had to be included in the estimate. Minutes of the Regular Meeting - September 28, 1978 Councilman Lander stated that the question now would be whether to continue with the project at this increased cost. Councilman Kloesel expressed the desire to continue with the project due to the fact that many small children cross the bridge which is very narrow, thereby being very dangerous for the children. Councilman Kloesel moved to authorize the engineers to continue with the preparation of plans and specifications, but to acquire approval from the Coast Guard prior to continuation. Councilman Johnson seconded the motion. Councilwoman Wilbanks stated that she would have to oppose this motion because of the cost of the project which will benefit a small segment of the population. Also, the city has improved recreational areas on both sides of the stream so that children do not necessarily need to cross the bridge for access to play areas. Buses are available to transport children to and from school so that the bridge would not have to be used for this purpose. Councilman Kloesel pointed out that population has increased on both sides of the bridge and traffic has increased on West Main crossing the bridge. During the summer, children will cross the bridge in order to swim. There is a great deal of bike and foot traffic on this bridge. Councilman Lander concurred that the estimated cost to build the walkway is high, but children do utilize the bridge. The city has provided sidewalks /walkways in other areas, and although the city may not be getting much footage for this $120,000.00, this money will be better spent than perhaps monies expended toward other walkways /sidewalks. Since this area is not in the target area for Community Development Funds, the City would not be able to receive assistance under that program. In this connection, Mr. Lanham commented that in 1979, the City of Baytown will be an entitlement city because the population is over 50,000. Councilwoman Caffey asked to clarify the motion with respect to whether removal of the fenders was intended. Councilman Kloesel stated that the motion did include removal of the fenders. The vote follows: Ayes: Council members Lander, Johnson, Kloesel and Caffey Mayor Hutto Nays: Council members Wilbanks and Cannon Mr. Jack Ford, Jr. Appeared Mr. Ford commended the Chief of Police and the Police Department for their service to the community. Mr. Ford expressed concern that a certain business on Bayway Drive may be polluting the water in that area. Mayor Hutto called a ten - minute recess. When the open meeting reconvened, Council members Wilbanks and Kloesel were not present. Ordinance - Removing a Mandatory Right Turn from Decker Drive Out- bound at Garth Road The Council's Traffic Committee has recommended that the man- datory right turn from Decker Drive outbound at Garth Road be removed; the Administration concurred with that recommendation. Councilman Johnson moved for the adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: 80928 -7 Minutes of the Regular Meeting - September 28, 1978 Ayes: Council members Lander, Johnson, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2546 AN ORDINANCE PROVIDING FOR THE REMOVAL OF A MANDATORY RIGHT TURN AT THE INTERSECTION OF DECKER DRIVE AT GARTH ROAD; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Establishing Yield Signs at North Shepherd at Deanne, South Shepherd at Deanne, and Rocky Knoll at Rollingbrook Councilwoman Wilbanks present. The Council's Traffic Committee has recommended that yield signs be established for both North and South Shepherd at Deanne and Rocky Knoll at Rollingbrook. Deanne is an extension of Tenth Street which means that this street does carry a great deal of traffic. The ordinance also provides that the yield sign for Rollingbrook at Rocky Knoll be removed. The Administration recom- mended approval of the ordinance. Councilman Johnson moved for the adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2547 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE REMOVAL OF A YIELD SIGN AT ROLLINGBROOK AT ROCKY KNOLL AND THE POSTING OF YIELD SIGNS AT THE INTERSECTIONS OF NORTH SHEPHERD AT DEANNE, SOUTH SHEPHERD AT DEANNE, AND ROCKY KNOLL AT ROLLINGBROOK; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PRO- VIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Removing Signal Installations at East James and Fourth and Whiting at Texas Avenue Councilman Kloesel present. The Council's Traffic Committee has recommended the removal of signal installations at East James and Fourth and Whiting at West Texas. The signals do not meet the warrants of the manual for traffic control devices. If the signals remain, it will be necessary that these signals be brought up to standard by June, 1980; however, the major consideration of the Traffic Committee was that these signals are not warranted due to the amount of traffic flow on the cross streets. Councilman Cannon requested that these two items be considered separately because he had received some comments concerning the signal at East James and Fourth due to the school being located at that intersection. Councilman Cannon questioned whether or not the City would have the capability to control this intersection without the signal. Chief Turner responded that the school- crossing guard would necessarily need to be at the intersection at all times in order to ensure the safety of the children. Also, with the place- ment of stop signs, this area would need strict radar enforcement Minutes of the Regular Meeting - September 28, 1978 which probably would produce numerous complaints. At the present time, the school- crossing guard is stationed on Fourth Street at the side entrance to the school; therefore, she would have to be moved to the intersection of James and Fourth. Councilwoman Caffey stated that she had visited the school to observe the traffic situation, and traffic on James Street is a definite problem with regard to speed. Councilwoman Caffey felt that having a school- crossing guard at that location would not provide enough protection for the children; therefore, her vote would be dissenting. Council inquired if perhaps there might be a method to utilize the light so that during non - school hours, the light could be flashing. The Director of Planning stated that he knew of no way to install a flasher. If this light is not removed, the signal will have to be changed out by 1980 at a cost of approxi- mately $20,000.00. This could mean that one of the approved locations for a signal on the priority list would be deleted. Councilman Kloesel felt that Council should establish as a priority item upgrading signals at schools in Baytown. Pumphrey Elementary was mentioned as a location where a signal is needed. Councilwoman Caffey pointed out that Pumphrey is located farther back from the street than Ashbel Smith so that the children do not run directly from the school into the street. Council concurred that there was no need for the light at this location during non - school hours. However, Council was not in favor of removing the light -- no action was taken. Council then considered the signal at Whiting and West Texas. This signal had been sacked at one time for a ninety day period, but due to a misunderstanding the signal was removed prior to Council taking any action. When Council did not act to remove the signal, the signal was replaced. This signal is not warranted, and it too will have to be replaced at an approximate cost of $20,000.00. Mr. Bill Blake, owner of a business near this inter- section, stated that this light helps to deter speed and provides a means for the Whiting traffic to turn onto Texas or cross Texas. Councilman Cannon stated that he felt there is no justification for the signal and moved that the ordinance be adopted authorizing the removal of the signal at the intersection of Whiting at West Texas. Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: Councilman Johnson ORDINANCE NO. 2548 AN ORDINANCE PROVIDING'FOR THE REMOVAL OF A SIGNAL INSTALLATION AT THE INTERSECTION OF WHITING AT WEST TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing the Installation of Stop Signs for Whiting at West Texas and for Richardson at Lacy /Ivie Lee The installation of these stop signs will stop the Whiting traffic at West Texas and the Richardson Lane traffic at Lacy /Ivie Lee. The City has no authority to place a stop sign on private property, but the owners of the private drive from the Bay Plaza area will be contacted and asked to place a stop sign for that side of the intersection. Councilman Johnson moved for the adoption of the ordinance; Councilwoman Caffey seconded the motion. The vote follows: 80928 -9 Minutes of the Regular Meeting - September 28, 1978 Ayes: Council members Lander, Kloesel, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE POSTING OF STOP SIGNS AT THE INTERSECTIONS OF RICHARDSON LANE AT LACY /IVIE LEE AND WHITING AT WEST TEXAS; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Increasing the Minimum Sanitary Sewer Service Charge During budget sessions the Administration had indicated to Council that this increase would be recommended after the budget was adopted. The estimates contained in the budget for sewer revenue do reflect this increase. The adoption of this ordinance will increase the minimum charge for sewer service from $2.40 to $3.00. The water and sewer revenue doegAnot increase at the same rate as general fund revenue. The only increase in water and sewer revenue is from the 3% -4% growth in population each year and from rate increases. --The growth in population does not yield enough revenue to keep up with inflation; therefore, the rates for sewer service needs to be considered annually. Councilman Kloesel stated that he opposed the sewer charge being based on water usage and that he favored a flat fee charge. Councilman Lander said that he felt this was the fairest means of assessing a sewer charge and moved for the adoption of the ordinance; Councilwoman Caffey seconded the motion. Mr. Lanham explained that prior to cities obtaining federal funds from EPA and were required to have rates.-based on use of the system, most cities supported sewer systems with water revenue. The water revenue which used to support the sewer system was based on consumption. Therefore, the only change is that the revenue collected for water service has been separated into water service charge and sewer service charge. Councilman Kloesel stated that the residential dweller will be heavily taxed with this added charge since water costs will be increasing. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2550 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 31, "UTILITIES," OF THE CODE OF ORDINANCES BY AMENDING SECTION 31 -65, SEWER SERVICE CHARGE; PROVIDING A REPEALINGS CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 80928 -10 Minutes of the Regular Meeting - September 28, 1978 Councilman Johnson asked if there were any provisions to prohibit the sweeping of objects into the storm sewer? The City Attorney stated that there were provisions in the Code of Ordi- nances but that he was not familiar with the exact wording. Ordinance - Amending the Contract with Baytown Ambulance Service Council approved in the 1978 -79 Budget increasing the subsidy to the Baytown Ambulance Company, Inc. for providing ambulance service within the City of Baytown to $60,000.00. The Ambulance Committee is also recommending that Council authorize Baytown Ambulance Company, Inc. to increase fees from $35.00 to $42.00 per call and that an additional two years be added to the contract so that the contract will expire in 1983. The Administration recommended approval of the ordinance. Councilman Lander moved for adoption of the ordinance; Council- man Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2551 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT BETWEEN BAYTOWN AMBULANCE COMPANY, INC. AND THE CITY OF BAYTOWN DATED SEPTEMBER 28, 1978; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing the Installation of Signals and Execution of a Maintenance Agreement with the State Department of Highways and Public Transportation This ordinance provides for the installation of a signal at Fairway and Decker. The Administration is concerned about going ahead with this installation at this time rather than making this a part of the overall improvements that the highway department will be effecting on Decker Drive. The highway department will be upgrading and interconnecting the signals along Decker at Baker at the Olefins Plant entrance, at Shady Hill Drive, and Rollingbrook Drive. That work is to be completed by June 9, 1979. If this installation is made, the light will be installed with wood poles and it will not be interconnected with the other lights which will cause more traffic back up on Decker. The Administration receives numerous complaints at the present time from persons who have difficulty moving down Decker Drive. Therefore, the Administration recommended that Council request that the highway department make this part of the overall installation. Mrs. Jo Russo, President of the Country Club Civic Association, stated that the Association receives numerous complaints concerning the difficulty of residents to cross Decker Drive. Also, the residents have been told by Representative Allen's office that there would be a signal at that location by January 1. Councilman Lander stated that Council's decision has to be what is best for all concerned. Considering what Mrs. Russo said, he asked if it would be possible to make this installation now and then at the time the other installations are made to ask that this signal be interconnected also. 80928 -11 Minutes of the Regular Meeting - September 28, 1978 Mr. Lanham responded that the signal would be interconnected at that time; but the Administration felt that the installation of this signal will cuase the traffic back up to increase between December and June. Councilman Cannon stated that the light could be sacked if this problem developed. Councilman Cannon moved for the adoption of the ordinance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Caffey and Cannon Mayor Hutto Nays: Council members Kloesel and Wilbanks ORDINANCE NO. 2552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE INSTALLATION OF TRAFFIC CONTROL SIGNALS ON DECKER DRIVE (SPUR 330) AT THE INTERSECTION OF FAIRWAY DRIVE; PROVIDING FOR THE APPROVAL OF THE AGREE- MENT DATED SEPTEMBER 28, 1978, BETWEEN THE STATE OF TEXAS AND THE CITY OF BAYTOWN FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECTS AT THAT LOCATION IN THE CITY OF BAYTOWN; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Awarding the Bid for the Paving of the Municipal Service Center Equipment Storage Lot. Four bids were received for the paving of the Municipal Service Center Equipment Storage Lot. The low bid is Angel Equipment Company for $21,075.25. Tabulation of bids received is attached to the minutes as Exhibit "A ". The estimate on this project was $21,000.00. The Administration recommended approval of the low bidder. Councilman Kloesel expressed concern with awarding low bid in some cases. He stated that he would like to know more about the company. Mr. Lanham stated that the city has had no experience with this company and that the company was a relatively new company. The company has performed work for the school district. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: Councilman Kloesel ORDINANCE NO. 2553 AN ORDINANCE ACCEPTING THE BID OF ANGEL'S EQUIPMENT COMPANY FOR THE PAVING OF THE MUNICIPAL SERVICE CENTER EQUIPMENT STORAGE LOT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWENTY -ONE THOUSAND SEVENTY -ONE AND 25/100 ($21,071.25) DOLLARS. Ordinance - Authorizing Final Payment on the Country Club Water Line Project Council has authorized payment of all monies owed the contractor except $15,000.00 to assure completion and clean up. Both Mr. Dykes, City Engineer and Director of Public Works, and Jim Hutchison, Con- sulting Engineer, have inspected this work and have recommended approval; the Administration concurred with this recommendation. Councilwoman Wilbanks moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: 80928 -12 Minutes of the Regular Meeting - September 28, 1978 Ayes: Council members Lander, Kloesel, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2554 AN ORDINANCE APPROVING AND ACCEPTING CONSTRUCTION OF THE COUNTRY CLUB WATER LINE REPLACEMENT PROJECT BY R. T. BISHOP CONSTRUCTION COMPANY, INC., AND R. T. BISHOP, JOINT VENTURE; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHO- RIZING THE FINAL PAYMENT TO SAID CONTRACTOR AND PRO- VIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Payment to Chambers County for Utility Adjustments on Spur 55 Project This payment is for the amount of $2,535.15 for the adjust- ment of Channel Industries Gas Company lines in accordance with the agreement between Baytown and Chambers County. Only one other company's adjustments remain - Houston Lighting and Power Company. The State is now paying 90% of the costs with local funds paying the remaining 10o. Previously, the ratio was either 500 -500 or 750 -250. Councilman Kloesel moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2555 AN ORDINANCE AUTHORIZING PAYMENT OF TWO THOUSAND FIVE HUNDRED TWENTY -FIVE AND 15/100 ($2,525.15) DOLLARS TO CHAMBERS COUNTY FOR THE CITY OF BAYTOWN'S SHARE OF THE COSTS OF UTILITY ADJUSTMENTS ON SPUR 55 RIGHT OF WAY. Resolution - Endorsing Approval of a Permit to Allow the Harris County Flood Control District to Make Improvements to Goose Creek Stream The Harris County Flood Control District has funds and has the plans for channelizing a portion of Goose Creek Stream with concrete structure. The Flood Control District must obtain approval from the Corps of Engineers on most of the work that is performed by the District. The Corps in turn must circulate applications to various governmental agencies and in this case, the U. S. Fish and Wildlife Department is concerned about potential environmental damage. This resolution supports the project and will be forwarded to the appropriate federal and state officials. The Administration recommended approval. Councilwoman Wilbanks moved for the adoption of the resolution; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 643 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ENDORSING APPROVAL BY THE UNITED STATES CORPS OF ENGINEERS OF THE PROPOSAL BY THE HARRIS COUNTY FLOOD CONTROL DISTRICT TO IMPROVE GOOSE CREEK STREAM. 80928 -13 Minutes of the Regular Meeting - September 28, 1978 Review Plans and Specifications for Radio Sho Funds were included in Entitlement VIII Revenue Sharing Budget for the construction of a radio shop. The City Engineering Department has prepared plans for that construction. Norman Dykes, City Engineer, discussed the plans. The location for this shop will be across from Cedar Bayou Junior High School where the City of Baytown owns property, and where presently there is located a water well and an elevated storage tank. This building will be located just south of the elevated water tank. The building will be a 40 x 75 foot metallic steel building with a height of 16 feet. The bidders will be asked to bid on the concrete slab, furnishing fill sand, and erecting the steel building. No plumbing, electrical, fencing, site preparation, or driveway work will be included in the bid. City forces will prepare the site and construct the driveway; plumbing and electrical work will be bid separately. This building is very similar to the Police Garage which was bid at $29,600; therefore, this bid should also be in the $30,000 range. The Administration recommended approval of the plans and specifications and authorization to advertise for bids. Councilman Johnson moved to approve the plans and specifications and authorize the advertisement for bids. Councilwoman Wilbanks seconded the motion. Councilman Kloesel felt that the property next to the old radio shop could be purchased and the present structure could be refurbished with an extension added so that all equipment could be serviced at that location. He asked that Council postpone action until the possibility of purchasing the property next to the old shop could be explored. Councilman Kloesel felt this to be the most economical alternative. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Application of Helmrich and Payne for Wastewater Discharge Permit The three following items have to do with applications that have been submitted to the State Department of Water Resources for waste discharge permits. The application of Helmrich and Payne is actually an amendment request to an existing permit. The amendment will not change the volume of water to be discharged which averages 15,000 gallons per day. The original application was completed incorrectly which resulted in the incorrect permit being issued. Therefore, the Harris County Pollution Control Division has requested that Helmrich and Payne reapply for the correct permit to eliminate this technical error. The Administration recommended that no action be taken; Council concurred. Consider Application of South Gulf Management for Wastewater Dis- charge Permit for Meadowlake Subdivision This is the subdivision that is going to be constructed north of I -10 and east of Garth Road. Representatives of this group have applied for a permit to discharge effluent for a population equivalent to 3800. The proposal is to discharge the effluent into a proposed Harris County Control Ditch, from there to Goose Creek, and then on to Tabbs Bay. The engineers for this group have indicated a desire to talk to the Administration about tieing into the City's system. Mr. Lanham suggested that before talking to any subdivision outside the City limits about tieing into the city's system, a study is badly needed of the Central District Sewer System. If the study is not made 80928 -14 Minutes of the Regular Meeting - September 28, 1978 the City could find itself overloading the West Main Plant and possibly the distribution system. It may be possible for this subdivision to discharge its effluent into another ditch which would ultimately carry the effluent to Cedar Bayou. Mayor Hutto pointed out that a study could very well indicate that the City is at or nearing capacity at the West Main Plant. Mr. Lanham reported that there is a line out in Goose Creek near the bridge. The Engineering Department is currently working toward moving those tied on to that line to the line on Barrymore which should eliminate a great deal of infiltration. Mr. Lanham stated that in view of this request and perhaps other requests, he would ask Langford Engineering to present a proposal to update the study on the Central District which would be presented to Council for consideration. The City must notify the State Department of Water Resources or appear at the meeting on October 12 in order to oppose this application or suggest some change. Councilman Lander felt that the City would have little success in opposing the application because of the quality of effluent now in existence around McNair and Barrett Station. Therefore, Councilman Lander moved that the Administration notify the State Department of Water Resources that the City of Baytown favored the diversion of the effluent to Cedar Bayou. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Application of Sam Hughes for Wastewater Discharge Permit for Garth Road Estate Mobile Homes This application covers a tract of land near the proposed airport site with an expected population of 180. The effluent will be discharged in a Harris County Flood Control Ditch and then to Cedar Bayou. The Administration felt there would be no reason to oppose this application since the effluent will be diverted to Cedar Bayou. A property owner was present who questioned what requirements would have to be met. Mr. Lanham explained that this group would have to meet the same regulations as the City of Baytown. Council took no action. Discuss BAWA Board Appointments Councilman Kloesel that this item be passed and stated that he would have the item put on an agenda in the future. Committee Reports Councilwoman Wilbanks stated that she was unable to attend the Steering Committee meeting of H -GAC and asked if the airport had been discussed. Mr. Lanham responded that the airport was discussed and it appeared that monies would be available to fund two airports and that East Harris County would be highly ranked. Mr. Lanham felt that if Baytown moves along with its preparation and makes a definite com- mitment, the funds will be available. 80928 -15 Minutes of the Regular Meeting - September 28, 1978 Unfinished Business Councilman Cannon expressed concern about an area on Maryland Street which had been torn out by City forces -- this portion of the street has been repaired. Councilman Johnson asked the Administration to investigate the reason for the four (4 ") inch pipe petruding from the ground where Walnut Ridge connects with Ward Road. Recess, Reconvene, and Adjourn Mayor Hutto recessed the open meeting into executive session to discuss legal, personnel and land acquisition. When the open meeting reconvened, the Mayor stated that no business had been transacted. Councilman Kloesel moved to adjourn; Councilwoman Wilbanks seconded the motion. The vote was unanimous to adjourn. r J 1--J gZ�e. Eileen P. Hall, City Clerk 80928 -16 Minutes of the Regular Meeting - September 28, 1978 EXHIBIT "A" TITLE: PAVING MUNICIPAL BID: 789-88 DATE: 9 -28 -78 - 9:30 a.m. QTY I DESCRIPTION RESURFACE MUNICIPAL SERVICE CENTER EQUIPMENT STORAGE LOT. QUANTITIES ARE ESTIMATES,ACTUAL PAYMENT WILL BE BASED ON DELIVERY TICKETS. Approx. 1. 675 tons HOT MIX ASPHALTIC CONCRETE INSTALLED 2. 1500 gal. ASPHALTIC PRIME COAT INSTALLED TOTAL COMPLETION TIME A.R.O. GROSS TOTAL LESS DISC.. *.' • NET. TOTA L :. CITY OF BAYTOWN BID TABULATION ANGEL'S EQUIPMENT C01 SENTINEL CONSTRUCTO 29.75 $20,081.25 29.80 $20,115.00 33.75 $22,781.25 42.50 $28,687.50 .66 990.00 1 1.00 1,500.00 1,275.00 1 1.00 1.500.00 $21,071.25 $21,615.00 $24,056.25 $30,187.50 3 days 7 days 10 daysl 1 30 days 00 0 cfl N 00 1 N