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1978 10 12 CC Minutes81012 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 12, 1978 The City Council of the City of Baytown, Texas, met in regular session, Thursday, October 12, 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 Reverend James A. Cox of the Bayway Christian Church. Minutes Councilman Kloesel moved for the approval of the minutes of the regular meeting of September 28, 1978, and the special meeting of October 3, 1978, and ratification of actions taken concerning each of the matters listed on the agendas of said meetings; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Petitinna, None. Ordinance - Awarding the Contract for the Construction of the BAWA Water Treatment Plant Four bids were received for the construction of the BAWA surface water treatment plant. Chisholm Trail Construction Company, Inc. submitted the low bid in the amount of $10,200,000. Blount International, Ltd. bid $11,798,000. Mar -Len, Inc. bid $11,875,750, and J. M. Foster, Inc. bid $14,750,000. The consulting engineers studied the bids very carefully and recommended to the BAWA Board that the low bid of Chisholm Trail Construction Company, Inc. be accepted. The BAWA Board recommends that City Council authorize the Board to contract with Chisholm Trail Construction Company, Inc. for the construction of the BAWA surface water treatment plant. Fritz Lanham, General Manager of the Baytown Area Water Authority, concurred with the Board's recommendation. Councilwoman Wilbanks moved to accept the recommendation of the BAWA Board; Councilman Lander seconded the motion. Councilman Kloesel stated that he would oppose the letting of this contract to Chisholm Trail due to the wage 81012 -2 Minutes of the Regular Meeting - October 12, 1978 schedule that will be used. He felt that the schedule was too low to interest persons of the caliber required to do the best job. Councilman Lander questioned if this contractor had bid on the wage scale adopted by Council and on the specifications specified by Council. Mr. Lanham responded in the affirmative. Councilman Lander stated that he felt that Council would have to depend on the Administration to have qualified inspectors on hand to insure that the job is completed properly. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caf f ey and Cannon Mayor Hutto Nays: Councilman Kloesel ORDINANCE NO. 2556 AN ORDINANCE APPROVING A CONTRACT BETWEEN CHISHOLM TRAIL CONSTRUCTION COMPANY, INC. AND BAYTOWN AREA WATER AUTHORITY FOR THE CONSTRUCTION OF A SURFACE WATER TREATMENT FACILITY. Resolution - Approving Plans and Specifications for the 1977 Community Development Program and Requesting that Harris County Advertise for Bids Mr. Jack Morton, County Engineer, was present to review the plans and specifications with Council. The 1977 Community Development Program will include street and drainage improvements along the curb and gutter of Ontario Street, West Gulf Avenue, West Humble Avenue, Superior Street and Texoma Street; the rebuilding of Chesapeake Street; the storm sewer improvements along Atlantic Street, West Humble Avenue and Airhart Drive from West Dorris to Park Street. Also pedestrian ways will be constructed on Airhart Drive. On the first project under the Community Development Program on the City prepared the plans, but the county prepared the plans for this project and will let the contract. The estimated cost of the project is $430,000. Mr. Morton explained the major problem in the Central Heights area is that curbs and concrete slabs are in poor condition resulting in standing water in low areas and in front of driveways and sidewalks. The Administration has requested that the curbs be removed and new curbs and gutters be constructed as stated above. Chesapeake Street is in a state of general disrepair. The proposal is that all the pavement be removed and the street be paved to a width of 27 feet with 6 -inch pavement. In response to a question from Councilman Kloesel, Mr. Morton explained that no improvements would be made under this project on Laredo, and the work being proposed does not address itself to making corrections in the work performed under the previous program. Councilman Kloesel moved to approve the plans and specifications for the 1977 Community Development Program and to request that Harris County advertise for bids; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 81012 -3 Minutes of the Regular Meeting - October 12, 1978 RESOLUTION NO. 644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING THE PLANS AND SPECIFICATIONS FOR THE 1977 COMMUNITY DEVELOPMENT PROGRAM AND REQUESTING HARRIS COUNTY TO ADVERTISE FOR BIDS ON THE PROJECTS WITHIN THE PROGRAM. Ordinance - Establishing the Baytown Clean City Commission The City Council held a work session where the establish- ment of the Baytown Clean City Commission was discussed in great detail. The ordinance provides for the establishment of a nine - member commission which will be appointed for two - year terms. The purpose of the commission will be to reduce and control at an acceptable level the concentration of litter in the city, and to bring about a long -term improvement in the trash handling habits of citizens. No expenditure of funds is authorized by the ordinance. Any request for appropriation would have to be presented to Council for consideration, as well as any request to enter into contractual agreements. The Administration recommended approval of the ordinance. Councilman Johnson moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. In response to a question from Councilman Kloesel, Councilwoman Caffey explained that the Commission will be working toward educating the citizens to change attitudes concerning litter. The Commission will be looking at ordinances to suggest necessary modifications, but Council would make the ultimate decisions on such things as changes in ordinances, appropriation of funds, contractual agreements, etc. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2557 AN ORDINANCE AMENDING ARTICLE II, BOARDS AND COMMISSIONS, OF CHAPTER 2, "ADMINISTRATION," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY ADDING THERETO A NEW PROVISION TO BE DESIGNATED DIVISION 1 TO ESTABLISH THE BAYTOWN CLEAN CITY COMMISSION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Public Hearing on the Proposed Development of the Baytown Municipal Airport Mayor Hutto called the public hearing on the proposed Baytown Municipal Airport to order, and asked that anyone desiring to testify sign the register since this registry would determine speaking order. Everyone desiring to testify was asked to stand and be sworn in; Mayor Hutto administered the oath to those desiring to speak. Mayor Hutto explained the purpose of the hearing and the procedure that would be followed during the hearing. He also explained that written testimony would be received by the City Clerk through October 23. This testimony will be included as a part of the official record. Mayor Hutto briefly explained that notice of the public hearing had been properly posted and published, and that the special information session at the last Council meeting was held at the suggestion of the FAA in order to facilitate the public's participation in the public hearing. The Mayor 81012 -4 Minutes of the Regular Meeting - October 12, 1978 also mentioned that Council had adopted Resolution No. 610 wherein Council established a position of being opposed to entering into competition with the privately owned /operated Humphrey Airport. Application has been made to FAA for assistance in the acquisition of Humphrey Airport. To clarify a statement made at the public information session, Mayor Hutto stated that although the federal government will be participating in this project, the FAA's share of the money comes from a use tax so that only persons and air carriers using the airport are taxed. Mayor Hutto introduced representatives of FAA who were present, afterwhich a presentation was made to those present which is a part of the official record. All testimony of said hearing including those remarks made by Mayor Hutto were recorded verbatim. A copy of this transcript is on file in the office of the City Clerk and is made a part of this official record for all intents and purposes. After the hearing was closed to oral testimony, the Mayor declared a ten - minute recess. Ordinance - Awarding the Contract for the Lynchburg Road, Ashleyville Street, and Wye Drive Extension Street Assessment Projects Four bids were received for the construction of Wye Drive, Lynchburg Road and Ashleyville Street improvement projects. The bid tabulation follows: Wye Dr. Lynchburg Rd. Ashleyville St. MARATHON PAVING $ 98,985.00 123,066.00 75,679.50 BROWN & ROOT, INC. $106,388.60 143,253.00 74,573.60 CHAPARRAL PAVERS $114,997.00 158,130.00 98,011.00 Total Bid $297,730.50 $324,215.00 $371,138.00 Bid of Gulf Division of Ashland - Warren, Inc. - $429,449.00. The estimate for construction of these three streets was approximately $330,000.00. The low bid of Marathon Paving is below the estimate. This is an assessment project which means the work order cannot be issued until after Council holds an assessment hearing. The Administration would like to schedule the assessment hearing at the second meeting of Council in November. Mr. Lanham suggested that the second meeting be held November 21, 1978, and that the hearing be scheduled for that meeting. Council had no objection. The Administration recommended that the bid be awarded to the low bidder. Councilman Lander moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, and Caffey Mayor Hutto Nays: Councilman Cannon 81012 -5 Minutes of the Regular Meeting - October 12, 1978 ORDINANCE NO. 2558 AN ORDINANCE RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF LYNCHBURG ROAD, ASHLEYVILLE STREET AND WYE DRIVE IN THE CITY OF BAYTOWN, TEXAS; ACCEPTING THE BID OF AND AWARDING A CONTRACT TO MARATHON PAVING AND UTILITY CONSTRUCTORS INC. FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; APPROVING THE CONTRACT AND PERFORMANCE BOND FOR THE CONSTRUCTION OF SAID WORK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending the Animal Control Ordinance Mr. Lanham stated that the Administration is not ready to recommend approval of the ordinance, but would like to review the ordinance with Council to obtain feedback, particularly regarding bees and pigeons.' Scott Bounds, City Attorney, explained that some of the major changes being proposed in the animal code deal with rabies protection. First, it requires that all animals susceptible to rabies be vaccinated, not just household pets. Second, the wording of the running at large portion of the ordinance has been changed to make it more enforceable. Third, the ordinance would strengthen the quarantine procedure to allow the city health officer to impound animals believed to have bitten someone. Fourth, the ordinance is changed to broaden the restrictions on the keeping of birds within 100 feet of a residence. There has been no change in the poundage fee and there is a need to address the bee - keeping provision. The provision of the ordinance dealing with a culpable mental state not being required as an element of offense was discussed and explained by the City Attorney. This provision is part of the existing ordinance. Councilman Cannon commented that it would be a good idea to have a work copy of the ordinance, with the changes marked. Mr. Lanham responded that the proposed ordinance can be placed back on the agenda with the proposed changes underlined. In response to a question from Council, Mr. Bounds explained that regarding the bees, he has presented two alternatives: (1) prohibit all beekeeping, and (2) prohibit all beekeeping within 300 feet of any residential structure other than that of the person keeping the bees. Councilman Lander commented that he could consider Alternative No. 2 becuase it is more reasonable and is in line with the present ordinance regarding other animals. Councilwoman Wilbanks asked that this item be placed on the agenda for the next regular meeting. Ordinance - Authorizing Final Payment on the Market Street Bridge Project This work has been inspected by representatives of Busch, Hutchison, and Associates, Inc. and by the City Engineer, who have recommended acceptance. The total amount of the amended contract equalled $1,126,272.00. The actual cost for work done was $1,098,734.00, an underrun of $27,537.56. Final payment in the amount of $123,596.36 remains to be paid. The Administration recommended approval of the ordinance authorizing final payment. 81012 -6 Minutes of the Regular Meeting - October 12, 1978 Councilman Johnson moved for adoption of the ordinance; Councilman Lander seconded the motion. Councilman Kloesel expressed concern that the portion of new construction in front of Robert E. Lee High School is bumpy, and stated that he has received complaints in that regard. Jim Hutchison stated that his firm felt the work to be acceptable for use as a roadway. However, Councilman Kloesel felt that the legal aspects of requiring the contractor to finish the work more satisfactorily should be researched. Therefore, Councilman Kloesel moved to table action on this item until the next meeting; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Ordinance - Amending Chapter 18, "Motor Vehicles and Traffic," Article IX, Abatement and Removal of Junked Vehicles The proposed ordinance amends Chapter 18 of the Code of Ordinances pertaining to the abatement and removal of junked vehicles by transferring the responsibility for enforcement of this ordinance from the Chief of Police to the Chief Building Official. This change is in keeping with the proposal to shift this responsibility as outlined during the budget discussions. The Administration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilman Cannon seconded the motion. Councilman Kloesel commented that the Inspection Department already has many responsibilities and demands for the small number of people working in that department. He felt that the Police Department could best handle this problem because of the constant patrol. Mr. Lanham explained that the patrol officers can assist in helping to locate junk and abandoned vehicles, but the time consuming element is the number of steps involved in order to insure removal of the vehicle. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: Councilman Kloesel ORDINANCE NO. 2559 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," ARTICLE IX, ABATEMENT AND REMOVAL OF JUNKED VEHICLES, AS PRESENTLY CONSTITUTED AND SUBSTITUTING IN ITS PLACE A NEW ARTICLE IX; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CALUSE; 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 - Accepting the Dedication of a Street Easement from John McLaggan and Erwin H. Boessling in Whispering Pines Subdivision The proposed ordinance accepts the dedication of a street easement from John McLaggan and Erwin Boessling in Whispering Pines Subdivision. The purpose of this dedication is to extend Spring Lane north of Gulfway Drive in Whispering 81012 -7 Minutes of the Regular Meeting - October 12, 1978 Pines Section II so that it can extend through Whispering Pines Section IV. The developer bought the lot and he is going to pave this street. The Administration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2560 AN ORDINANCE ACCEPTING THE DEDICATION OF A STREET EASEMENT FROM JOHN McLAGGAN AND ERWIN H. BOESSLING IN WHISPERING PINES SUBDIVISION; DIRECTING THE CITY CLERK TO FILE SAID DEDICATION WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Approving Maintenance Agreement With the State Department of Highways and Public Transportation for Traffic Signals Council has already approved the plans and specifications for the installation of signals at seven intersections on North Main Street which will be installed by use of Traffic Signal Off- System Safety Funds. This agreement is necessary in order for the State Deparment of Highways and Public Transportation to be assured that the City will take over the maintenance of these traffic signals. This is standard procedure. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Councilmembers Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2561 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED OCTOBER 12, 1978, BETWEEN THE STATE OF TEXAS AND THE CITY OF BAYTOWN, FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECTS AT THE LOCATIONS IN THE CITY OF BAYTOWN, SHOWN IN THE AGREEMENT; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance- Awarding the Bid for Cast Iron Pipe for the Spur 201 Right -of -Way Two bids were received for the purchase of 306 feet of 10 -inch cast iron pipe. The bid tabulation follows: 306 L. F. Cast Iron Pipe (1011) - Unit Price /Extended Price Utility Supply IMSCO $7.65/$2,340.90 $10.78/$3,298.68 Delivery 10 -14 days 2 days The low bid was submitted by Utility Supply Company in the amount of $2,340.90. This pipe is needed to encase a sanitary sewer line located within the Spur 201 right -of -way. The Administration recommended approval of the ordinance. 81012 -8 Minutes of the Regular Meeting - October 12, 1978 Councilman Johnson moved for adoption of the ordinance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2562 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ACCEPTING THE BID OF UTILITY SUPPLY COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CAST IRON PIPE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. Ordinance - Amending the 1977 -78 Budget by Appropriating Surplus Funds to the Various Line Items These transfers were taken into account when Council adopted the 1978 -79 budget, but it is necessary to formally transfer the funds by ordinance. A total of $170,000 would be transferred to the General Obligation Interest and Sinking Fund to replace funds originally appropriated from the Water and Sewer Fund; $75,000 would be transferred to the 1975 Bond Program to provide funds for paying anticipated overruns on completed contracts. The remaining $150,000 would be used to pay the Water and Sewer Fund for utility services for the 1977 -78 fiscal year. The Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2563 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE THREE HUNDRED NINETY -FINE THOUSAND AND N01100 ($395,000.00) DOLLARS FROM THE UNAPPROPRIATED SURPLUS GENERAL FUND TO VARIOUS BUDGET ACCOUNTS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 645 - Authorizing the Transfer of Appropriations from the Contingency Fund to Various Line Items all Within the General Fund Budget for the Fiscal Year 1977 -78 The Administration was not prepared to act on this item. Resolution No. 646 - Authorizing the Transfer of Appropriations from the Contingency Fund to Various Line Items all Within the Water and Sewer Fund Budget for the Fiscal Year 1977 -78 The Administration was not prepared to act on this item. Consider Participation in an Areawide Transportation Study Committee The next three items are related. As a result of Baytown choosing not to become a part of MTA, the City of Baytown is still facing major problems in the.area of transportation- - where do we go from here? One of the options is to do nothing. Another option is to join with the City of Pasadena 81012 -9 Minutes of the Regular Meeting - October 12, 1978 and possibly other cities in southeast Harris County to form a Transportation Study Committee. This committee would study the feasibility of providing interconnecting bus service between out communities and the MTA park and ride lot on the Gulf Freeway or other park and ride lots and investigate the long term feasibility of establishing a regional transportation network which would include local transit service for interested communities. The City of Baytown has been invited by Mayor Harrison to participate in that study committee. If the city would like to participate, Council will need to appoint two persons to the committee. Council has receivved a copy of the Administration's ideas as to the advantages and disadvantages to Baytown of being a part of that study. Generally, the Administration feels that Baytown is a part of East Harris County instead of Southeast Harris County. Therefore, Baytown would benefit little from that particular study. The Administration recommends that Council reject the offer to join with the City of Pasadena, and pursue a course which would allow the City of Baytown to consider establishing its own transportation system. Funds are available, but these funds must be used strictly for planning. The study would assess potential transportation needs and examine the feasibility of a transportation system for the City of Baytown and Northeast Harris County. The study would accomplish the following: (1) Examine and analyze the transit possibilities in the City of Baytown, with special emphasis on the City's participation in MTA;, (2) Estimate the costs for intra - transit system and whether such a system could be implemented and operated efficiently; (3) Compile an inventory of those handicapped and elderly individuals who are not presently being served by a transportation system. All indications are that funds are available. The estimated cost of the study is $30,000; Baytown's share of this cost would be $6,000. The Administration recommended that Council reject the offer to join with the City of Pasadena, and pursue a course which would allow the City of Baytown to consider establishing its own transportation system. Councilman Kloesel felt that the study previously completed should be sufficient to implement a transportation program. Fred Hayes, Urban Planner, explained that the Corridor Study that was previously made was designed mainly to examine the corridor at the Baytown- LaPorte Tunnel, even though one page on route analysis is included. Councilman Kloesel felt there was enough information to implement a system. Councilman Lander stated that he favored doing nothing because the MTA plan was not approved by voters in Baytown. He felt that the citizens are not willing to finance a transportation system, and that another study would be futile because the city would have to finance the system someway. Perhaps some funding could be received to pay part of the system, but the remainder would have to be funded through some type of taxation. Mayor Hutto felt that this type of study would have more of a local benefit for Baytown. Councilman Kloesel stated that he is not interested in spending any more money on planning but is interested in implementing some transportation needs which would require some funding. He felt that the reason Baytonians rejected the MTA plans was that the MTA would be controlled by Houston from a board that was not elected and Baytown would have very little control. Councilman Johnson felt that Council should do nothing. 81012 -10 Minutes of the Regular Meeting - October 12, 1978 Mr. Lanham commented that he felt one of the reasons that Baytown did not join MTA was that Baytown did not have enough information on local needs. The study that was prepared was very good, but a more detailed study and an educational program locally would give people a better idea, and in a few years the Baytown citizens might change their minds and choose to join MTA. Councilman Kloesel moved that the City of Baytown participate in the transportation study with the City of Pasadena and surrounding cities. The motion died for lack of a second. No action was taken by Council. Consider Resetting the Date for the Resumption of the Public Hearing Regarding Houston Lighting & Power Company's Request for a Rate Increase Mr. Lanham explained that the Administration is not sure when the hearings in Austin will be completed, but it is his understanding that the City of Houston is going to have its hearing on October 18, 1978. The Administration suggested that Council hold the public hearing on Thursday, October 19, 1978, at 7:00 p.m. as originally planned. Council had no objections. Consider Response to Chambers County Inquiry Concerning City of Baytown Subdivision Regulations When the Planning Commission recommended and the City Council adopted the revised subdivision regulations which define the planning area outside the city limits, Council answered the questions that were asked by Judge Guy C. Jackson III of Chambers County. The Judge's questions concerned the application of the city's subdivision regulations within the extraterritorial jurisdiction of the City of Baytown. At present, the City of Baytown does not enforce its subdivision standards within Chambers County. The recently adopted subdivision ordinance defines the planning area outside the city limits, but this does not include any property in Chambers County. The city applies the appropriate county subdivision regulations outside the planning area and within the city's extraterritorial jurisdiction. The Administration recommended that the city continue its policy of allowing the counties to set development standards beyond the city's planning area. *Councilman Cannon left the meeting. Councilman Lander moved to accept the recommendation of the Administration; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, and Caffey Mayor Hutto Nays: None Consider Application by Leroy B. Walker and Perry L. Walker for Waste Discharge Permit for Tanglewilde Subdivision Council received a copy of a letter from Robert W. Lee, of the Texas Department of Water Resources, regarding the application for a permit to operate a sewage treatment plant for the Tanglewilde Subdivision which will be located on Cedar Bayou north of the city limits. In his letter, Mr. Lee requests that the city present comments on this proposed application as soon as possible so that the Department of Water Resources may offer a staff recommendation at the proposed public hearing. This application is in keeping with others recently approved, and the Administration saw no 81012 -11 Minutes of the Regular Meeting - October 12, 1978 reason for recommending against approval of the application and requested permission to notify the Department of Water Resources that the city has no objection to the application. Councilman Johnson moved to accept the recommendation of the Administration; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, and Caffey Mayor Hutto Nays: None Consider Request from Stan Hoelzaepfel for Sewer Service Outside the City Limits Council received a copy of a letter from Stan Hoelzaepfel requesting sanitary sewer services for a single family dwelling on property near the Timber Ridge Subdivision. This is the subdivision where the City of Baytown will take over the water and sewer systems, but the change over has not been effected. There was another request a few months ago for sewer service in that same vicinity, and the Administration recommended that the Council refuse the request. The Administration felt that the city's first obligation is to Timber Ridge Subdivision, therefore, the recommendation was to refuse Mr. Holzaepfel for sewer service at the present time. Mayor Hutto stated that since the city has not accepted the sanitary sewer system, the city does not have the right to allow Mr. Holzaepfel to tie into the system. Consider Appointments to the Baytown Cultural and Fine Arts Study Committee This will be discussed during executive session. Committee Reports None. Unfinished Business None. City Manager's Report Floating Holiday - Each year the city employees vote to decide which day to take as a floating holiday. This year, the employees have choosen the day after Thanksgiving, which is November 24th. Unless there is some objection, the City Hall and Community Buildings will be closed that day. Council had no objections. Jenkins - Hollaway Park - The two -foot bridges over Cary's Bayou have been set, all the electrical work is complete, and only the fencing and final shaping remain for the ball fields. The scorekeeper, restrooms, and concession building is approximately 90% complete. The asphalt paving around this building and on some of the hike and bike trails will be completed in the next 3 to 4 weeks. Baytown Sports Complex Neighborhood Center - The building is dried in except for the front doors and windows. The air conditioning contractor, the electrician, and the plumber are working inside and should finish their work this week. The completion of the building is about two months away. 81012 -12 Minutes of the Regular Meeting - October 12, 1978 Sliplining Contract - The contractor has installed 6- inch liner in the vicinity of Ash and Willow Streets. Twenty -five connections have been made, and two manholes have been installed in the Miriam, Willow, and Ash Street areas. Repair of the collapsed sewer line on Felton Street has been completed. Street Improvement Program - The contractor has made very good progress on Third Street. The limestone base has been added and approximately 340 feet of curb and gutter has been poured on Third Street. The limestone has been added to the base on South Shepherd. Black base has been added to Gulf Street and the contractor is expected to begin appling asphalt on several of these streets by the end of next week. Questions or Comments Regarding the City Manager's Report Councilman Lander inquired if the schools have approached the City for assistance in their Drug Abuse Program. Chief Turner explained that the Police Department has been working with the school district in this regard and will continue to do so. Recess, Reconvene, and Adjourn Mayor Hutto recessed the open meeting into executive session to discuss personnel matters and pending litigation. When the open meeting reconvened, the Mayor stated that no business had been transacted. With no further business to be transacted, Councilman Kloesel moved to adjourn; Councilman Johnson seconded the motion. The vote for adjournment was unanimous. 9� (if W� P'2-� ) Kared Petru, Deputy City Clerk APPROVED: Teen P. Hall, City Clerk