Loading...
1979 04 11 CC Minutes90411 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 11, 1979 The City Council of the City of Baytown, Texas, met in regular session on Wednesday, April 11, 1979, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: *Jody Lander Fred T. Philips Jimmy Johnson Ted Kloesel *Mary E. Wilbanks Eileen Caffey Allen Cannon Emmett 0. Hutto Fritz Lanham Scott Bounds Eileen P. Hall Absent: Dan Savage Councilman Councilman Councilman Councilman Councilwoman Councilwoman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Mayor Hutto called the meeting to order and the invocation was offered by Councilman Allen Cannon. Minutes Councilman Johnson moved for the approval of the minutes of the regular meeting of March 22, 1979; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Caffey and Cannon Mayor Hutto Nays: None Receive Petitions The Administration has received a petition from residents and property owners in the vicinity of J. J.'s Club located at 215 North Alexander Drive regarding the operation of that establishment. Presently, an application for license is pending as a result of change in ownership. Scott Bounds, City Attorney, explained that under the Alcoholic Beverage Code, the Alcoholic Beverage Commission is directed to give due consideration to recommendation from the Mayor of the City where the application is being made for issuance of a permit for sale of alcoholic beverages. General grounds for refusal of the permit by the Commission would include failure of the applicant to conduct the business in a manner consistent with the general welfare, health, peace, morals and safety of the people or the public sense of decency or the failure of the applicant to have adequate building space available. If Council wishes to consider this item at a later time to determine if it should make a recommendation to the Alcoholic Beverage Commission, it may be rescheduled on the agenda for the next meeting. Councilman Kloesel moved that Council accept the petition; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Caffey and Cannon Mayor Hutto Nays: None 90411 -2 Minutes of the Regular Meeting - April 11, 1979 Councilman Cannon requested that an item in this regard be placed on the next agenda. City Manager's Report Environmental Protection Agency - The Administration has received a letter from EPA advising the City of federal pre- treatment regulations governing the control of industrial waste discharged to municipal sewage treatment systems. According to the letter, these regulations were developed in order to fulfill three objectives: 1. To prevent the introduction of pollutants into the system which interfere with treatment processes; 2. To prevent the introduction of pollutants into the system which will pass through the treatment works; and 3. To improve opportunities to reclaim and recycle municipal and industrial wastewaters and sludges. The letter indicates that if the City has an application for a grant from EPA in process, the City should add to that application, funds to carry out the requirements of this regulation. The City has three applications in process - -the West District where a Step 2 grant has been approved, Step 1 grants in process for the Central and East Districts. Rather than adding this to the West District Plant, since the City is under an enforcement order to proceed post haste, the Administration suggested that a letter be written to EPA requesting that the City be permitted to add the pre- treatment requirements to Step 1 grant that will be submitted on the Central District. The Administration has discussed this with representatives of EPA and the Water Development Board who feel this would be a good approach. This is the approach that the Administration would prefer to use, and if this submittal is rejected, the grant application on the West District can be amended. Council had no objections. Street Striping Crews - The street striping crews have been working. Plans are to stripe West Main between Lee Drive and South Main with center lane left turns. The Administration has studied this and feels that this will enhance the flow of traffic there and could possibly reduce accidents. There are a number of left turns from that portion of West Main. This work will be commenced within the next few days. 1979 Street Improvement Program - Brown and Root has started work on the 1979 Street Improvement Program with Lazy Lane. Sliplining - The contractor has completed that job with the exception of cleanup. Bicentennial Park Phase II - The box beam bridge has been set and approximately 757o of the sidewalks have been poured. The City expects to have this project completed prior to the July 4th celebration. Street Assessment Projects - On Lynchburg Road, the contractor is doing the lime stabilization work. Wye Drive is ready for liming. The contractor is cutting Ashleyville Street down to the proper grade. All of the underground work on the three streets has been completed. 90411 -3 Minutes of the Regular Meeting - April 11, 1979 Sports Complex Neighborhood Center - The last of the long delivery light fixtures are being installed. After this is completed, the painters will come and do the touchup work and then this project will be ready for final inspec- tion. Jenkins - Hollaway Park Pavilion - The contractor is building forms to pour the foundation. Pedestrian Walkway - The Administration has received notification from the Coast Guard that the permit for the West Main Pedestrian Walkway is being processed and the City should be receiving notification on that possibly next week. Ed Emmett - The Administration received a call from State Representative Ed Emmett, indicating that the question of original jurisdiction on regulation of electric utilities will probably be voted on tomorrow. This is one of the items that Council discussed with him at the work session that was held in January. Mr. Emmett requested that Council members notify him by tomorrow morning of any deviation from the opinions expressed during the work session on this matter. Harris County Mayors and Councilmen's Association - The Association is meeting next Thursday night; Council will be contacted in this regard. Work Session - The Administration would like to schedule a work session to report to Council on the tax reappraisal program and if possible, the Administration would like to schedule this before the next Council meeting at 5:30. Council had no objections. Questions or Comments Regarding City Manager's Report Councilman Johnson commented that in the packet, there is an item concerning bridge replacement or bridge restruc- turing, and inquired what affect would this have on the pedestrian walkway across Goose Creek at the West Main Bridge. Mr. Lanham commented that Council might want to delay the construction of the walkway if Council wants to pursue the funding for the replacement of the bridge. In response to a question from Councilman Cannon regarding repair of railroad crossings, Mr. Lanham explained that the City has surveyed all the railroad crossings and copies of the results of the survey have been forwarded to the railroad companies. Two top priority crossings have been repaired. Councilman Cannon pointed out that the crossing at Cedar Bayou is in badly deteriorated condition. Mr. Lanham explained that this is a Southern Pacific crossing and Southern Pacific is considering contracting with the City to do the work. Mr. Lanham is to meet next Tuesday with a representative of Southern Pacific to review cost estimates developed by the City staff. A schedule for surveying all of the crossings in the City every six months has been devised by the City staff. Mayor Hutto mentioned the problem of raw sewage being allowed to flow from an apartment complex located on Ward Road. Mayor Hutto asked if the Council would agree with him that the Council ask the Administration to pursue this matter in a diligent manner with an action to remedy the situation. He felt that the City of Baytown has been patient far too long. Councilman Kloesel commented that if there is an alleged violation and the City feels like it is, then there should be some charges filed. 90411 -4 Minutes of the Regular Meeting - April 11, 1979 Mayor Hutto inquired if the Council can actually pursue legal action against the absentee landlord. Mr. Bounds commented that he felt that the City can take some other action besides filing in Municipal Court that may be effective, such as filing in District Court. Air. Bounds commented that he will definitely look into taking other action, including pursuit of an injunction in District Court for continuing a public nuisance. Jack Cramer, Chief Building Inspector, responded to a question from Council that the complaint must be filed against the owners of the property. Pir. Cramer further explained that in response to a question concerning the apartment complex at Ward Road and Narcille, a letter was mailed to California to the property owner informing him of the severe problem and that the problem must be remedied immediately. Mr. Cramer commented that the problem stems from an insufficient sewer line or a crushed sewer line. Ordinance - Providing for a Revised Wrecker Ordinance The City has received an application from Hugh ``rood Ford Company for auto wrecker permits. At the last Council meeting, a revised wrecker ordinance was presented for Council consideration. At that time, Council requested that the proposed ordinance be changed to include a provision providing for final appeal of all administrative decisions concerning wrecker complaints to the City Council, and a provision that would prohibit charging for transfers within 24 hours of an accident. Those changes are in the revised proposed ordinance. The proposed ordinance includes the following changes: (1) elimination of the regulation of towing vehicles; (2) elimination of auto wrecker fee regu- lation for non - accident calls; (3) elimination of the wrecker committee; (4) establishment of certificates of convenience and necessity for wrecker operations; (5) change in permit fee requirement to provide that each company pay a fee of only $125 rather than paying a $125 fee for each wrecker that the company has; (6) establishment of a heavy duty wrecker classification with a fee schedule providing for a minimum fee of $60 and an hourly fee of $30; (7) revision of the fee schedule to increase the standard fee from $27.50 to $37.50, and to increase the fee schedule to include an extra labor fee for the use of a dolly from $10 to $12.50, and eliminate all other extra labor charges such as the fixing of flats. Under the terms of this proposed ordinance, the rotation list maintained by the Police Department will include only wrecker companies that have a certificate of convenience and necessity. Each company will appear on the list once, and will be called in a rotating pattern. The Administration recommended approval of the ordinance. Mr. Bounds explained that the only two written dif- ferences in this ordinance and the one presented at the last meeting are Section 6 -2, which is appeal of administrative decision which spells out the appeal procedure to City Council and Section 6- 14(a), which provides that there shall be no transfer fee if a person designates within 24 hours of the accident where the vehicle should be towed. Councilman Johnson inquired if the number of wrecker companies are frozen, and if another company wants to come in and apply for wrecker permit, can he receive a permit. Councilman Lander commented that he can but it is incumbent on the applicant to prove or show convenience and necessity for the issuance of a new permit. If the company would like to get into the wrecker business for towing, and not on the rotation list for picking up wrecks and vehicles, no permit would be required. Councilman Lander further stated that 90411 -5 Minutes of the Regular ?fleeting - April 11, 1979 it would be difficult to obtain a wrecker permit as long as there is adequate wrecker service to go to the scene of an accident. Councilman Kloesel stated that this will limit the opportunities for any wrecker service deserving an auto wrecker permit and further commented that he is not in agreement with this part of the ordinance. In response to a question from Councilman Cannon, Councilman Lander explained that at one time, the wrecker companies did have to show necessity for adding a wrecker, but that was modified to allow any applicant to obtain a permit. Councilman Cannon questioned if there was a problem with having 29 wreckers rotating. Councilman Lander responded that the problem is that the City has more wreckers than are needed, but due to the present system, the more wreckers that a company owns, the more opportunity there is to be called to a wreck. This is tieing up alot of investment for the wrecker owners and probably in a long range, it is increasing the cost of wrecker service. With the proposed changes in the ordinance, each company would have only one permit that would allow the company to be called on a rotation basis. Mayor Hutto pointed out that with this change, the wrecker companies could divest themselves of extra wreckers. Councilman Cannon stated that he favored a wrecker committee, and did not favor limiting the number of wrecker companies. He felt that there should be standards to follow, but participation should not be limited. Mayor Hutto commented that when Mr. Wood made this application, he must have felt that in his business, it would be economically feasible to operate a wrecker. Mayor Hutto stated that he is a supporter of private enterprise. However, the present wrecker owner /operators should have an opportunity to divest themselves of extra wreckers. Councilman Lander commented that this is the purpose of the proposed ordinance and moved for adoption of the ordinance; Councilman Cannon seconded the motion in order to get it on the table for discussion. Mayor Hutto recognized Manuel R. Pease, a member of the Wrecker Committee and owner /operator of Pease's Wrecker Service who stated that the wrecker owner /operators were supportive of the proposed ordinance. *Councilwoman Wilbanks present. Mayor Hutto recognized Jimmy Hayden, a representative from Hugh Wood Ford Company who felt that customers of Hugh Wood Ford should be entitled to personalized service. In response to a question from Mr. Bounds, Mr. Hayden explained that the Hugh Wood Ford Compny will provide 24- hour service on a call basis and all City of Baytown require- ments will be met. In response to a question from Mayor Hutto, Mr. Bounds explained that the effective date of the ordinance is 10 days after its passage because it provides for a penalty. It has to be published in the Baytown Sun within 10 days after passage to become effective. Mayor Hutto commented that he is willing to support this ordinance so long as Mr. Wood's application is processed. Mayor Hutto recognized Hugh Wood, who reiterated what Mr. Hayden had stated concerning personalized service and indicated that passage of the ordinance would be restricting free enterprise. Councilwoman WYilbanks inquired if 90411 -6 Minutes of the Regular Meeting - April 11, 1979 applications now on file would be processed according to the old ordinance. Mr. Bounds responded that if the City Council adopts this ordinance as presented, and the appli- cation is processed before the effective date of the ordi- nance, then the permit could be granted. Councilman Lander commented that another option of Council, from which he would abstain in voting, would be to give instructions to issue permits on pending applications. In response to a question from Councilman Cannon, Mr. Bounds explained that Council could prohibit wrecker com- panies from soliciting business on public thoroughfares so that wreckers could only tow a disabled vehicle stalled on a public thoroughfare if called by the owner, an agent for the owner, or the police department. Councilman Cannon withdrew his second to the motion to approve this ordinance as written. The motion died for lack of a second. Resolution No. 666 - Canvassing the Results of the Municipal Election Held on April 7 Council canvassed the returns of the Municipal Election held on April 7, 1979, for the purpose of electing a Mayor from the city at large and Council persons from the respec- tive Districts Nos. 2, 3 and 6, which reflected the following: FOR MAYOR (FROM CITY AT LARGE) Emmett 0. Hutto 841 votes FOR COUNCIL DISTRICT NO. 2 Eileen Caffey 698 votes FOR COUNCIL DISTRICT NO. 3 Fred T. Philips Ruby Hardy 858 votes 126 votes FOR COUNCIL DISTRICT NO. 6 Mary Elizabeth Wilbanks 784 votes Councilman Johnson moved for adoption of the resolution; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 666 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 7TH DAY OF APRIL, 1979, FOR THE PURPOSE OF ELECTING A MAYOR FROM THE CITY AT LARGE AND THREE (3) COUNCILMEN FROM THE RESPECTIVE' DISTRICTS NOS. TWO (2), THREE (3), AND SIX (6) TO SERVE REGULAR TWO YEAR TERMS; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCOR- DANCE WITH THE LAWNS OF THE STATE OF TEXAS. 90411 -7 Minutes of the Regular Meeting - April 11, 1979 Administer Oaths of Office to Newly Elected Council Members Judge Raymond T. Donnelly administered Oaths of Office to the newly elected Mayor and Council members. Fred T. Philips took the chair of outgoing Council member Jody Lander. Resolution No. 669 - Commending Council Member Jody Lander After reading Resolution No. 669 commending Councilman Jody Lander for his service to the City as Councilman for District No. 3, Councilman Cannon moved for the adoption of said resolution; Councilwoman Wilbanks seconded the motion. Council unanimously approved the resolution. RESOLUTION NO. 669 AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL EXPRESSING DEEP GRATITUDE FOR JODY LANDER'S CONTRIBUTIONS TO THE CITY OF BAYTOWN . Mayor Hutto then asked Jody Lander to step forward, and Jody Lander was presented with a plaque in honor of his many years of service to the City. Jody Lander expressed his appreciation and gratitude to the Council and City staff. Consider Scheduling Bond Sale A total of $2,880,000 in bonds from the 1975 Capital Improvement Program remains to be sold. The Council took bids on the sale of these bonds in January. At that time only two bids were received and the interest rates were rather high. Council, therefore, rejected those bids with hopes of attracting better bids later. Bonds to be sold include $1,000,000 for sanitary sewer improvements, $1,200,000 for street improvements, $450,000 for drainage improvements, and $230,000 for park development. The Administration recommended that the Council authorize the preparation of the documents and advertise to receive bids for sale of bonds on May 10, 1979. Councilman Kloesel moved to accept the recommendation of the Administration; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Authorizing Busch, Hutchison & Associates to Prepare Preliminary Engineering Report on Park Street Improvements from North Pruett Street to Decker Drive This is one of the projects that would be accomplished from proceeds of the bond sale. The Administration recom- mended that the consulting engineers be authorized to proceed with the preliminary report on the Park Street Im- provements from North Pruett Street to Decker Drive prior to the bond sale. Detailed plans and specifications would be developed after the sale. Councilman Kloesel moved that the firm of Busch Hutchison & Associates be authorized to prepare preliminary engineering report on Park Street Improvements. Council- woman Caffey seconded the motion. The vote follows: 90411 -8 Minutes of the Regular Meeting - April 11, 1979 Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None The project will consist of a 39 foot concrete street with curb and gutter. The Administration is recommending a left turn lane to provide easier access to the businesses located along that section of Park. Mr. Lanham mentioned that the Financial Advisor had recommended that the City of Baytown attempt to improve its bond rating which will entail a trip to New York to meet with the rating firms. The City will be trying for an AA rating. Consider Authorizing Busch, Hutchison and Associates to Prepare Preliminary Engineering Report on Drainage Improvements in Vicinity of State Highway 146 and Ward Road This is another project that would be built from the proceeds of the upcoming bond sale. The Administration recommended that Busch, Hutchison and Associates be autho- rized to prepare the preliminary engineering report on drainage improvements in the vicinity of State Highway 146 and Ward Road. Councilman Kloesel moved to accept the recommendation of the Administration; Councilman Johnson seconded the motion. Councilman Philips inquired if the purpose of this preliminary study would be to define the scope of the project. Jim Hutchison, Consulting Engineer with the firm Busch, Hutchison and Associates, commented that the purpose of this study is to define the scope of the project and to establish cost estimates on the project. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Letter from Mr. Frank W. Rogers Concerning the Electrical Board Council received a copy of a letter from Mr. Frank W. Rogers concerning the Electrical Board. Mr. Rogers appli- cation to take the test for a Baytown Piaster Electrician's License was denied by the board. Mayor Hutto recognized Mr. Frank W. Rogers of 123 Red Bud, Pasadena, Texas, who explained to Council the circum- stances involved in the denial of his application and re- quested that Council instruct the Electrical Board to give him a reasonable Master Electrician's examination as pre- scribed by ordinance within 60 days of the Council meeting rather than the six month interval established by the board. From Mr. Rogers' explanation it appeared that due to instructions on the application, Mr. Rogers failed to present supporting evidence of his Master Electrician status elsewhere, and the application was therefore denied. Council expressed the opinion that the instructions on the application should be more explicit and requested that the matter be referred to the Electrical Board to consider honoring Mr. Rogers' request. 90411 -9 Minutes of the Regular Meeting - April 11; 1979 Ordinance - Authorizing Cost of Service Increase for Entex Council has received information from Entex in this regard including information which compares Baytown's rates with Houston and surrounding areas. The effective date of this increase is May 1, 1979. Entex is filing for $.57 cost of service adjustment in all of the cities in the Texas Coast Division with the exception of one. Out of the 47 cities in the Texas Coast Division, there are 33 cities where the automatic cost of service clause was granted. In these 33 cities, Entex will not file and these rates will automatically go into effect on May 1, 1979. Thirteen of the cities, of which Baytown is one, have no automatic adjustment clause, therefore, Entex is filing for this increase. In lieu of filing for the $.57 cost of service adjustment in Seabrook, Entex is filing for a general rate increase. Responding to a question from Council, Mr. DeSalme explained that there is a difference between the cost of service adjustment and a general rate increase, however, if Council were to adopt this $.57, Entex could probably wait for at least one year before increasing cost of service for residential and small commercial customers only. He further , stated that City Council has the jurisdiction for resi- dential customers, small commercial customers, or usage up to 150,000 cubic feet of gas. Consumption over 150,000 cubic feet of gas involves contract customers. Councilman Philips inquired if this rate increase is within the Presidential inflation control guidelines. Mr. DeSalme responded affirmatively and pointed out that the salary and wage administration is also within the federal guidelines. Mr. Bounds explained the options that Council has with respect to the request made by Entex. First of all, the Administration has prepared an ordinance which would make effective the $.57 increase per month on all bills that Entex has requested for their gas customers. Council may adopt this ordinance. Notice of tonight's action was posted in the Baytown Sun. Secondly, Council may enter into a formal rate hearing to determine the propriety of this rate change. Pending such hearing, Council may also suspend the operation of the rate schedule proposed by Entex for a period of up to 150 days. If Council fails to take any action by June 20, then the proposed rate schedule, as presented by Entex, will automatically go into effect. Under the Public Utilities Act, Council may engage rate consultants, accountants, attorneys, or engineers to advise the City in this rate matter and to have such cost reim- bursed by the utility company. Councilman Cannon moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2647 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; DETERMINING AND FIXING THE SCHEDULES OF RATES TO BE CHARGED BY ENTEX, INC. IN THE CITY OF BAYTOWN, TEXAS, FOR NATURAL GAS AND NATURAL GAS SERVICE FURNISHED BY IT TO RESIDENTIAL AND COMMERCIAL CONSUMERS; FIXING THE EFFECTIVE DATES OF GAS RATES PRESCRIBED IN THIS ORDINANCE; MAKING MISCELLANEOUS PROVISIONS AND REPEALING ALL ORDINANCES IN CONFLICT. 90411 -10 Minutes of the Regular Meeting - April 11, 1979 Consider Reconnaissance Report on Baytown Marina Council was given a copy of the Reconnaissance Report on the Baytown Marina at the last Council meeting. Council has also received a copy of a memorandum from Bobby Rountree, Director of Parks and Recreation, indicating the results of the study and the fact that the Corps of Engineers have declined consideration since the Corps feels that the con- struction of a marina this size is primarily a local responn sibility. This conclusion does not preclude the City of Baytown from proceeding with making application for a dredging permit. In his memorandum, Mr. Rountree called attention to one very important statement in this report, that is the attitude of the United States Department of Interior, Fish and Wildlife Service. This is the orga- nization that held up construction of the Market Street Bridge for approximately a year. The report includes a letter from that entity. The Fish and Wildlife Service points out that 4.435 acres of marshland in Bayland Park was set outside by the City as a compensatory measure to get a permit for the bridge. This land was set aside by the City of Baytown by resolution with the affirmation that the City of Baytown plans to leave that portion of Bayland Park in a natural state. The Fish and Wildlife Department would oppose any marina plan that would alter, degrade, or destroy any portion of this 4.435 acres of marsh, and the Fish and Wildlife Service would also be opposed to designating another compensation area for the existing compensation area. Such action would undermine the principle that a compensation area is to be left in a natural state in perpetuity. Mr. Lanham commented that this is a major hurdle that the City would have to overcome if the Council desires to proceed with a marina at this particular location. Mr. Lanham pointed out that Council might want to consider the possibility of the City owning a number of acres of land that is now Brownwood sometime in the future and the possibility of some of that land being developed towards a marina. Councilwoman Wilbanks commented that Mr. Rountree's various considerations all had some negative aspect which would not be an encouragement for Council to invest more money to pursue this project. She further stated that when you look at the finances of the City this year and what the Council will be dealing with next year, it just does not seem timely to undertake a major project. Mr. Rountree explained that the Fish and Wildlife felt Baytown to be an excellent area for water based recreation, but disagreed with the location. Councilman Kloesel moved that Council abandon the plans; Councilwoman Wilbanks seconded the motion because she felt that at this time, the City could not financially undertake a project of this size. Mayor Hutto felt that the City of Baytown needs a marina and felt that Council should not give up on the idea that easily. In response to a question from Mayor Hutto, Mr. Rountree explained that the Bureau of Outdoor Recreation would be a source of 50 percent funding, but only of those facilities that would be open to the public. Funds would be available for slips open to the general public, restrooms, picnic areas, parking, etc. Councilman Kloesel inquired if the City could develop those areas where the City could receive funding for public facilities and then designate areas that could be developed 90411 -11 Minutes of the Regular Meeting - April 11, 1979 by private enterprise. This would be feasible with enough federal participation in areas of general public use. Councilman Kloesel commented that he is willing to give the marina another chance and withdrew his motion. Councilwoman Wilbanks inquired what the next step would be. Prior to making application to the Bureau of Outdoor Recreation, the City would have to have a site approved, have plans and specifications and estimates. The dredging permit is what the City of Baytown must obtain next which requires a layout of the design of the facility with some estimates. Councilwoman Wilbanks inquired as to the cost to obtain such information. The Administration had no idea of what the costs might be, but suggested that a firm be contacted to give the City a proposal. Council voiced no objections. Councilwoman Wilbanks withdrew her second to the motion. Ordinance - Amending the 1978 -79 Budget for Personnel Classification Changes The proposed ordinance amends the 1978 -79 Budget for personnel classifications by making two changes in the personnel schedule for the Street Division of Public Works. The first change would eliminate a Crew Chief position and replace it with a Foreman position. Presently, one foreman in the Street Division supervises the street maintenance, cleaning, concrete construction and drainage work. Drainage work requires most of the foreman's time. The second foreman would be responsible for employees engaged in street maintenance, street sweeping and concrete work. The second change involves the replacement of a Warehouse Worker position by a Construction Craft Worker II position. This person would be responsible for serving the crew leader for the concrete crew. The Administration recom- mended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordi- nance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2648 AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BAYTOWN FOR THE FISCAL YEAR, BEGINNING OCTOBER 1, 1978, AND ENDING SEPTEMBER 30, 1979, BY RECLASSIFYING CREW CHIEF POSITION TO FOREMAN AND ONE WAREHOUSE WORKER TO A CONSTRUCTION CRAFT WORKER II POSITION. Ordinance - Authorizing Abandonment and Sale of That Portion of Dorris Street Right of Way from Laredo Street Right of Way to West Texas Avenue At the March 22, 1979 meeting, Council considered sale of a portion of Dorris Street right of way from Laredo Street right of way to West Texas Avenue. At that time, a question was raised about whether all concerned property owners had been notified and Council had directed that the Administration contact Mr. Reeves and the owner of Lot 19. 90411 -12 Minutes of the Regular meeting - April 11, 1979 Mr. Reeves was contacted and he has no objections to the sale. He would be interested in purchasing one half the right of way abutting his property. Lot 19 is owned by heirs of Mrs. Flores and is held in trust with trustee, Lucia Flores Ayala. Mrs. Ayala has no objection to the abandonment and would be interested in purchasing the right of way adjacent to the property held in trust. Finally, the City was asked to provide an appraisal for the property other than the property that the City was considering abandoning and selling to fir. Pace. Mr. Pace had acquired an appraisal of all the property through Otis Graham. The proposed value assessed would be $.10 per square foot for the property from Lots 21 and 22 to Laredo Street right of way. The remaining property was assessed at $.15 per square foot. The Administration has prepared an ordinance which would abandon the Dorris Street right of way from the point adjacent to the Laredo Street right of way back to West Texas Avenue, save and except a portion of the property which the City had acquired as fill for the bridge across Goose Creek. The City will maintain that property. Councilman Cannon moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2649 AN ORDINANCE DISCONTINUING, ABANDONING FOR PUBLIC USE, AND CLOSING A PORTION OF DORRIS STREET IN CENTRAL HEIGHTS SUBDIVISION IN THE CITY OF BAYTOWN; AUTHORIZING QUITCLAIMING ALL INTEREST OF THE CITY OF BAYTOWN AND THE PUBLIC IN AND TO SUCH RIGHT -OF -WAY; AND DIRECTING THAT THE COUNTY CLERK OF HARRIS COUNTY, TEXAS, SO INDICATE ON THE RECORDED PLAT OF SAID SUBDIVISION. Ordinance - Amending Section 27 -74, Street Lights The Planning Commission has recommended a change to the Subdivision Ordinance which will alter the formula used for paying for street lights. Under the present formula, the developer or property owner pays in advance for the first five years of service. Until the recent Houston Lighting and Power rate increase, this amounted to $150 per year for a 3300 lumen mercury vapor light on an ornamental pole. Under the new rate structure, the rate would be $243 per year for five years of service. The proposed change also includes a provision for use of high pressure sodium vapor street lights. Next year mercury vapor lights will no longer be available. The smallest high pressure sodium vapor light is a 9500 lumen light. The Planning Commission proposed reducing the prepaid cost to the developer or property owner from five years to three years, but that the ordinance be changed to require the installation of the high pressure sodium vapor lights from this point on. The total cost to the developer under the new formula would be $729 per light for three year service with the City paying the cost from the fourth year on. The Administration felt that the City would not need to install as many of the 9500 lumen lights. In response to a question from Council, Bill Cornelius, Director of Planning and Traffic, responded that the City has been spacing the 3300 lumen lights approximately on every third lot or about every 150 or 180 feet. Houston Lighting and Power's recommended distance for the 9500 lumen lights would be between 210 and 240 feet. 90411 -13 Minutes of the Regular Meeting - April 11, 1979 Councilwoman Wilbanks inquired if an example could be given as to the costs of lights currently used versus what it would be with the proposed change. Mr. Cornelius explained that probably on the normal length block, there will be the same number of street lights. One light on each corner and one in the middle. On the longer blocks, there will still be a light on each end but the spacing in between will differ according to the terrain of the area. The Administration recommended approval of the ordi- nance which was a recommendation of the Planning Commission. In response to a question from Council, Mr. Bounds explained that one of the reasons that this increase is so high is because Houston Lighting and Power had been providing this service below actual cost. Councilman Johnson moved for adoption of the ordinance but with some reservation; Councilman Kloesel seconded the motion. In response to a question from Councilman Johnson, Mr. Lanham explained that the City could continue at the present rate but the City will still have to change to the sodium vapor lights. Another alternative would be to change.the., subdivision ordinance to delete the requirement of street lights, or the City could pay the cost from the beginning. Councilman Kloesel withdrew the second to the motion. Councilman Johnson pointed out that deletion of the street lights requirement from the subdivision ordinance would probably mean the receipt of numerous petitions for lighting. Councilman Cannon seconded the motion. Councilman Kloesel inquired if this could be sent back to the Planning Commission to consider making lighting in subdivisions optional. Councilman Philips inquired if Council could receive some figures at the next Council meeting on what exposure is anticipated. Mr. Lanham responded those figures would be developed. Councilman Johnson withdrew his motion and Councilman Cannon withdrew his second to the motion. Ordinance - Awarding the Contract for 1979 Sliplining Program One bid was received for 1979 Sliplining Program. Channel Construction Company, Inc. submitted the low bid in the amount of $94,623. This work will involve sliplining six sewer lines and televising seven other lines. The Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2650 AN ORDINANCE ACCEPTING THE BID OF CHANNEL CONSTRUCTION COMPANY, INC. FOR THE SLIPLINING OF CERTAIN SANITARY SEWER LINES AS ENUMERATED IN CITY OF BAYTOWN BID NO. 794 -39 AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF NINETY -FOUR THOUSAND TWO HUNDRED SIXTY -THREE AND 90411 -14 Minutes of the Regular Meeting - April 11, 1979 N01100 ($94,263.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance - Awarding the Bid for the Purchase of Garbage Bags Five bids were received for the purchase of garbage bags. The bid tabulation is attached to the minutes as Attachment "A." The low bid submitted by Arrow Industries in the amount of $22,720 did not meet specifications- -non- gussetted bags were bid. The low bid meeting specifications was submitted by Adams Industries in the amount of $23,492 for 8,000 boxes. The enclusion of sales tax result in a cost of $3.09 per box, but the Administration feels that the City will be able to continue the sale of bags for $3.00 per box. Councilman Kloesel suggested that the next time the City seeks bids on garbage bags, he would like for the Purchasing Agent to consider the St. Regis paper garbage bags. He felt that this might work on an experimental basis. Mayor Hutto recognized Mr. McDonald, a representative of the Arrow Industries, who felt that Council should give consideration to the low bidder even though that bid did not meet specifications. Mr. McDonald felt that non - gussetted bags would withstand heavier loads without coming apart at the bottom seam, and at a more economical price. Councilwoman Wilbanks felt that the Council would have to consider the bids that met specifications, but in the future bids could be taken on gussetted and non - gussetted bags. Councilwoman Wilbanks moved for adoption of the ordinance with the stipulation that specifications for the next bid on garbage bags include an alternate for non - gussetted or lay flat bags; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2651 AN ORDINANCE ACCEPTING THE BID OF ADAMS INDUSTRIES, INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF GARBAGE BAGS ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. Ordinance - Authorizing Final Payment on Radio Maintenance Building Construction of the radio maintenance building has been inspected by the City Engineer and the work is satisfactory. The Administration recommended that the building be accepted and that final payment in the amount of $8,533 be authorized. Councilman Johnson moved for adoption of the ordinance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 90411 -15 Minutes of the Regular Meeting - April 11, 1979 ORDINANCE NO. 2652 AN ORDINANCE APPROVING AND ACCEPTING CONSTRUCTION OF THE POLICE RADIO MAINTENANCE BUILDING BY CHATHAM CONSTRUCTION COMPANY; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID CHATHAM CONSTRUCTION COMPANY AND PRO- VIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing the City to Enter into a Contract with Harris County for a Comprehensive Employment and Training Act Grant Program The proposed ordinance authorizes the City to enter into an agreement with Harris County for a comprehensive employment and training act program. Under the terms of this program, the City will employ thirteen people who meet CETA Title II criteria for a six -month period from April 1, 1979 through September 30, 1979. The City will receive funds in the amount of $69,216 to pay these workers. The thirteen positions include two clerks in the Municipal Court, four junior librarians, one water meter worker, one custodian in the Police Building, one clerk for records keeping in the Police Jail, two clerks for records keeping in the Police Records, one vactor helper, and one Clean City Coordinator. The Administration recommended approval of the ordinance. In response to a question from Councilman Johnson, Mr. Lanham explained that there is a possibility that the funding will be continued beyond September 30, 1979. Councilman Johnson moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2653 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY FOR A COMPREHENSIVE EMPLOYMENT AND TRAINING ACT GRANT UNDER THE EMERGENCY JOBS AND EMPLOYMENT ACT. Ordinance - Authorizing the City to Enter into a Contract with Harris County for the Provision of Jail Services The proposed ordinance authorizes the City to enter into an agreement with Harris County to provide jail services. Under the terms of this agreement, Harris County prisoners apprehended in East Harris County would be jailed in the Baytown City Jail prior to their transfer into the Harris County Jail. The City of Baytown would be paid $62,000 for this service for the 12 -month period beginning February 1, 1979. Under no circumstances would the county be obligated to pay more than $63,000 for these services. This contract amount is $2,000 more than the amount paid for services last year. The Administration recommended approval of the ordinance. Councilwoman Caffey moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: 90411 -16 Minutes of the Regular Meeting - April 11, 1979 Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2654 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY PROVIDING FOR JOINT PARTICI- PATION BETWEEN THE CITY AND THE COUNTY WITH REGARD TO FURNISHING, MAINTENANCE, AND OPERATION OF JOINT JAIL FACIL- ITIES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 667 - Allocating Additional Community Development Block Grant Funds to a Funding Category The Department of Housing and Urban Development has notified the City of Baytown that it will receive an addi- tional $30,000 in 1979 Community Development Block Grant Funds. The Advisory Committee met and recommended that the $30,000 be placed in the home renovation category, which would bring the total of that category to $130,000. It is necessary that the City revise its application or send an amendment to the original application. The Administration recommended approval of the resolution. Councilwoman Caffey moved for adoption of the resolution; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: Councilman Kloesel RESOLUTION NO. 667 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING APPLICATION FOR FUNDS AVAILABLE THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Resolution No. 668 - Authorizing the Transfer of $1,700 from Council Contingency to Budget Account No. 197 -02 -0100 The proposed resolution authorizes the transfer of $1,700 from the Council Contingency to the City Clerk's Budget to cover the cost of the January Charter Amendment Election. The Administration recommended approval of the resolution. Councilman Philips moved for adoption of the resolution; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Nays: None RESOLUTION NO. 668 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER ONE THOUSAND SEVEN HUNDRED AND N01100 ($1,700.00) DOLLARS FROM BUDGET ACCOUNT NO. 1001 -12 -0100, "CONTINGENCIES," TO BUDGET ACCOUNT NO. 0107 -02 -0100, STATIONERY SUPPLIES. Consider Request by P. S. Contractors, Inc. to Amend Permit to Discharge Domestic Sewage Effluent into Goose Creek Stream to Accommodate Plant Expansion 90411 -17 Minutes of the Regular Meeting - April 11, 1979 Council received a copy of a public hearing notice from the Texas Water Commission regarding the request of P. S. Contractors, Inc. for an amendment to their permit for waste water discharge which will flow into Goose Creek and then into Tabbs Bay. Last year P. S. Contractors, Inc. applied for a permit to discharge 37,000 gallons per day of domestic sewage. This amendment will increase the total discharge to an amount not to exceed an average flow of 220,000 gallons per day. This sewage is treated in the subdivision sewage treatment plant. The hearing on this application is scheduled for April 26, 1979. Councilman Kloesel commented that he would still like to hold Council's original position in asking that the effluent be piped to the San Jacinto River; Councilman Johnson concurred. Councilman Kloesel moved that the Administration notify the Texas Water Commission that the City Council of the City of Baytown is maintaining their original position on this application; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Wilbanks, Caffey Mayor Hutto Nays: None Philips, Johnson, Kloesel, and Cannon Consider Seeking Federal Funds for Replacement or Rehabilitation of Bridge over Goose Creek at West Main Council has received a copy of a letter from Omar F. Poorman, District Engineer for the State Department of Highways and Public Transportation, concerning bridge re- placement and rehabilitation. In his letter, Mr. Poorman indicates that under the Surface Systems Act of 1978, the State of Texas will receive approximately $6,000,000 for highway bridge replacement and rehabilitation. Of this amount, 15 - 35% would be expended for projects to replace or rehabilitate highway bridges located on public roads other than those on a federal aid system. The Adminis- tration felt the West ruin bridge would be one that could be replaced under those provisions. However, this bridge is on the Federal Aid System. Bill Cornelius, Director of Planning and Traffic felt that the bridge section could be deleted from the Federal Aid System, if necessary. Council felt that the possibility of obtaining funds would be remote, but concurred that the City should cer- tainly make application for the funds. Councilman Kloesel moved to authorize the Adminis- tration to make application for funding to replace the West Main Bridge. Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Elect Mayor Pro Tempore Scott Bounds, City Attorney, explained that the City Charter provides that City Council shall elect a Mayor Pro Tempore who shall act as Mayor during the absence or dis- ability of the Mayor, and if a vacancy should occur, shall act as Mayor until the next regular election, at which election a Mayor shall be elected to fill the unexpired 90411 -18 Minutes of the Regular Meeting - April 11, 1979 term. State law for general law cities provides that at the first meeting of each new Council, or as soon thereafter as practicable, one Councilman shall be elected Mayor Pro Tempore, who shall hold the office for a one -year period. Since the Charter is silent as to the term of office of the Mayor Pro Tempore and State law for general law cities provides a one -year term, Mr. Bounds recommended that the Mayor Pro Tempore be elected for one year. Council concurred that the term of the Mayor Pro Tempore should be for one year. Councilman Johnson nominated Allen Cannon to be elected Mayor Pro Tempore for one year by acclamation. The vote was unanimous to elect Councilman Cannon as Mayor Pro Tempore, except that Councilman Cannon abstained. Appointment of Auditor for October 1, 1978 - September 30, 1979 Fiscal Year The Audit Committee recommended the reappointment of Gerace & Hullum as auditors for the fiscal year October 1, 1978 - September 30, 1979, with an expression of concern that the annual report be delivered to Council on a more timely basis. The Audit Committee had mailed requests for proposals to all auditing firms within the city. Two firms responded. Councilman Kloesel felt that outside interest should have been solicited. Mayor Hutto commented that he would find it very dif- ficult to support the hire of an outside firm when Baytown had firms capable of rendering this service and these people would be more responsive as citizens of Baytown. Councilman Cannon moved that the auditing firm of Gerace & Hullum be appointed as auditors for the City of Baytown for the fiscal year October 1, 1978 - September 30, 1979; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Appointments to Planning Commission Councilman Kloesel suggested that the Administration contacted those members whose terms will be expiring to determine their willingness to continue to serve. In the event that vacancies must be filled, Council suggested the following persons be contacted: Tom Beckwith, Officer with Highlands State Bank and former Chairman of the Citizens Traffic Council; Joe Lorenz, Professional Engineer with Arco who has resided in Baytown for approximately four years; James Wilkens, Retired Exxon employee who is self employed as a tax accountant; Dick DeSalme, District Manager of Entex. Other names may be submitted to Mr. Lanham. 90411 -19 Minutes of the Regular Meeting - April 11, 1979 Committee Reports The Animal Control Committee has been meeting on Tuesday afternoons. The Committee held a public hearing where several suggestions were presented concerning animal control. The Committee has established five priorities to be implemented as follows: 1. A graduated fine schedule for violations of the Animal Control Ordinance. 2. Increase emphasis on rabies vaccination. 3. Develop a procedure for citizens to file com- plaints with the Police Department when the city prosecutor is not available. 4. Require all animals adopted from the pound to be sterilized. 5. Reduce adoption fees so new owners can provide proper veterinary care. Mr. Lanham reminded Council of Board appointments that will be forthcoming in May. Mayor Hutto apprised Council of the reappointment of Reverend E. D. Reed and the appointment of O. J. Howell to the Baytown Housing Authority Board. Mr. Howell is being appointed to replace Mr. Curtis McNabb. Councilman Johnson asked that the Administration work with the Mechanical Board to reinstate the air conditioning license of Mr. H. Jordan. Adjourn There being no further business to discuss the meeting was adjourned. ) Karen Petru, Deputy City Clerk Eileen P. Hall, City Clerk G 1 TY O F BAYTO WN TITLE: GARBAGE BAGS BID TABULATION B I D� 793 -3s _. DATE March 21 , 1979 �. ITEM QTY DESCRIPTION ADAMS INDUSTRIES UNJT EXTENDED ARROW 1N USTRIES UNIT EXTENDED H UNIT XT NO D WINZEN INTERNATIONAL UNI EXTENDED OLS MAINT. SUPPLY UNfT EXiENDE 8,000 bx. GARBAGE BAGS PACKED 50 BAGS PER Box. S 2.94 $23,492.00 S 2.84 Sz2,72o.00� S 4.90 539,200.00 S 3.28 526,236.00 S 5.21 541,680.a TAX 5� .15 .14 .25 � .16 .26 TOTAL COST 3.09 2.98 5.15 � 3.44 5.47 FIRST DELIVERY ARO 4,000 BOXES 14 days 30 days 45 day 45 days 42 days SECOND DELIVERY ARO 4,000 BOXES 60 days b0 days 180 da s 180 day 180 day One company submitted No Bid A Does of meet Spec; ;cations GROSS IOTA L LESS DISC. NET TOTAL rti�-Rv