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