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1979 10 25 CC Minutes91025 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 25, 1979 The City Council of the City of Baytown, Texas, met in regular session on Thursday, October 25, 1979, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following members in attendance: Fred T. Philips Jimmy Johnson Mary E. Wilbanks ' Eileen Caf fey Emmett 0. Hutto Fritz Lanham Dan Savage Scott Bounds Eileen P. Hall Absent: Ted Kloesel Allen Cannon Councilman Councilman Councilwoman Councilwoman Mayor City Manager Assistant City Manager City Attorney City Clerk Councilman Councilman The meeting was called to order and the invocation was offered by Councilman Jimmy Johnson. Minutes Councilwoman Wilbanks moved for approval of the minutes of the regular meeting of October 11, 1979; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caf fey Mayor Hutto Nays: None Receive Petitions The Administration explained that a petition was received but there is another item on the agenda that relates to that petition. City Manager's Report Craigmont Addition - Harris County Flood Control District - A drag line and clearing crew began work about October 1, 1979, on the north side of the Quail Hollow Subdivision, cleaning the west fork of Goose Creek which has now progressed to a point about 300 feet north of Cedar Bayou- Lynchburg Road, and will proceed in a northerly direction. A second crew began work on October 9, 1979, at the intersection of the flood control ditch that is just north of the Craigmont area and the west fork of Goose Creek. Approximately 500 feet west of Goose Creek has been cleaned. The Harris County Flood Control District is making good progress. Sliplining - Five hundred twenty -three feet of five -inch liner has been pulled from Florida to Mississippi between Kansas and Kentucky. Texas Department of Water Resources - The Administration has received notification from the Texas Department of Water Resources that they have approved and transmitted the City's application for Step I grants for the East District and Central District Sewer Plants. Those have been approved at the state level and 91025 -2 Minutes of the Regular Meeting - October 25, 1979 were forwarded to EPA in Dallas for final approval and a grant offer. Baytown Housing Finance Corporation - A copy of a letter from Patrick Mooney, Vice President of the Investment Securities Firm, who is representing the Baytown Housing Finance Corporation was placed at the Council table. The representatives of that firm and the Housing Authority are in New York today appearing before the rating firms. Since these two groups had requested a representative from the City of Baytown accompany them, Bill Cornelius, Director of Planning and Traffic, went along to dis- cuss the economy of the area. In the letter, an indication is made that a work session should be held with the City Council in the near future to bring Council up to date on the progress of the Housing Finance Corporation. The maximum gross family income established by the Corporation for loan purposes is $27,500 for a maximum mortgage loan of $55,000. The maximum purchase price is $70,000. Floating Holiday - A poll of City employees established the floating holiday authorized by Council on Christmas Eve. Christmas Parade - Council has received an invitation to be in the Christmas Parade that will be held on November 29 at 6:30 p.m. The Administration will be in touch with Council to deter- mine whether the Council members can participate. Questions or Comments Regarding the City Manager's Report Councilman Philips requested that the City Manager give a status report on City activities in the Craigmont area when and if any do take place in conjunction with the county work. Air. Lanham explained that the Administration has done some more checking on the City's storm sewer lines and the City will be prepared to move in and clean those when the Harris County Flood Control District people get up to the subdivision. A Representative of Bay Villa Subdivision Will Appear Mr. W. C. Jones appeared as a representative of the Bay Villa Subdivision to present a petition requesting that Bay Villa Street be improved. Mr. Jones pointed out that the City of Baytown annexed Bay Villa Subdivision in 1954 and that the street has never been improved. The street has numerous pot holes which, not only present traffic hazards, but safety hazards as well. Several members of Council had been out to look at the street and concurred that the street is in a state of disrepair. Mr. Jones was informed by Council that the street is included in the 1980 Street Reconstruction Program. Mrs. Edna Oliver Will Appear Mrs. Edna Oliver appeared before Council to relate that on a recent trip to Canada and the eastern states, she was acutely aware of a spirit of patriotism and pride on a local, state and national level. She suggested that to promote that same spirit in Baytown, the flag of the United States should be flown at the City Hall. Also, she suggested that the City effect changes in ordinances to provide a means by which trash and debris could be removed from private property. Another point made by Airs. Oliver was that the utility company should be asked to keep the area around utility poles mowed. Council thanked Mrs. Oliver for her concern. Afterwhich, Councilman Philips moved that the City Administration establish a procedure to have the flag flown; Councilwoman Wilbanks seconded the motion. The vote follows: 91025 -3 Minutes of the Regular Meeting - October 25, 1979 Ayes: Council members Philips, Johnson, Wilbanks and Caf fey Mayor Hutto Nays: None Hold Public Hearing on Request for 10.5% System -Wide Rate Increase Filed by Houston Lighting and Power Company (7:00 p.m.) At 7:00 p.m., Mayor Hutto opened the public hearing on request for 10.5% system -wide rate increase filed by Houston Lighting and Power Company. Jim Schaefer, District Manager for the Houston Lighting & Power Company in Baytown, explained that in July, 1978, Houston Lighting & Power Company filed a rate application for a general increase in its rates. That rate request was expected to main- tain the company's financial integrity for approximately two years. However, the rates that were ultimately approved by regulatory authorities and placed into effect in December, 1978, were substantially less than those requested. It was again necessary to make an application for a general rate request in July, 1979, in order to continue this area's immediate and future need for reliable electric service. Deterioration of Houston Lighting & Power Company's financial status is to some extent caused by such factors as increases in state and local taxes, environmental protection costs and the impact of inflation on the cost of labor, materials and services. It should be noted how- ever, that the primary factor adversely affecting Houston Light- ing & Power Company's financial position is the high cost of new construction. The unique growth that has been experienced in the Gulf Coast area has created unpresidented demands for electric service. Houston Lighting & Power Company feels that they must satisfy the electric requirements of this vibrant economy now, in the future, and as they have historically done in the past. Mr. Schaefer explained that in the past three years, Houston Lighting & Power Company's generating capacity has increased by more than 17010 through a 1.2 billion dollar expansion program. In addition, Houston Lighting & Power must continue the transition from gas and oil fire - generating facilities to coal, lignite and nuclear fuel. In the next three years, 1979 - 1981, Houston Lighting & Power Company is already committed to spend 2.4 billion dollars to support their on -going plant expansion. Thus, within the six - year period from 1976 - 1981, the cost of plant expansion will almost double the total investment that Houston Lighting & Power Company had in plants and other facilities in the year of 1975. An expanding entity, whether it be a municipality or an electric company, must be kept in healthy financial condition so as to provide for the needs of the community that it serves. So far, Houston Lighting & Power Company has been able to do a better job of keeping its rates down because its securities continue to be viewed favorably by rating agencies and investors. It must be emphasized that Houston Lighting & Power Company's ability to maintain a favorable credit rating has been of great benefit to its customers. Houston Lighting & Power Company has been able to finance their expansion programs on terms more favorable than other utility companies. This has enabled Houston Lighting & Power Company to keep pace with this area's growing electrical needs and at the same time, maintain customer charges that are still among the lowest of all industrial electric utilities in the nation. Houston Lighting & Power Company estimates that between 60 and 65% of the 2.4 billion dollars required to meet their 1979 - 1981 expansion program will have to be financed through the public sale of the company's securities. With the large expansion program facing Houston Lighting & Power, they must be able to offer securities of a quality commensurate with other available investment opportunities in order to compete effectively. To do this, Houston Lighting & Power Company must have a record of earnings that would make their securities attractive in today's highly competitive money market. The hearing before the Texas Public Utility Commission on Houston Lighting & Power Company's application for a rate in- 91025 -4 Minutes of the Regular Meeting - October 25, 1979 crease began on September 27, 1979 and ended on October 17, 1979. It has the dubious distinction of being the longest electric utility rate case ever to be held before the Commission. Inter- vening groups that participated in the hearing included the City of Baytown, the City of Houston, the Texas Municipal League, Dow Chemical Company, Community Public Service, various consumer groups and a group of industrial customers. Mr. Schaefer further explained that he felt the Council will find that the hearing before the Commission was extremely thorough and explored the merits of the rate request to the fullest extent possible. Now that the hearing has ended, all parties concerned will prepare briefs which will be submitted to the Commission by October 29, 1979. The hearing examiner will draw on this and other material that has been generated by the hearing and will issue an exami- ner's report which will be reviewed by the Public Utilities Commission's three commissioners. It is expected that the Com- mission will issue a final rate order on the rate increase in early November. Mr. Schaefer further explained that while Houston Lighting & Power Company regrets that this rate increase is necessary, the company strongly feels that the availability of electric service that is so essential for the customers and the communities served by Houston Lighting & Power should not be placed in jeopardy. Mr. Schaefer ended his presentation by stating that it is indeed a privilege for Houston Lighting & Power Company to serve Baytown and the company will continue its objective - -to keep rates at the lowest possible level consistent with providing dependable service. Councilman Philips inquired as to what is Houston Lighting & Power Company's situation with capacity versus demand, relative to brown -out conditions. Mr. Schaefer responded that at the present time, Houston Lighting & Power Company is extremely near full generating capacity. Houston Lighting & Power Company's net generating demands this past summer were near 10,000,000 kilowatt hours. Houston Lighting & Power Company has a net generating capacity of approximately just over 10,250,000 kilowatt hours. Houston Lighting & Power Company purchased a significant amount of power through the Texas Interconnect System at times this year. Houston Lighting & Power Company has contracted over the next three years with the City of Austin for some service through the Texas Interconnect System because of this generating short- fall. Houston Lighting & Power Company's sister utility in the Dallas -Fort Worth area, Power & Light Electric Service, has the opposite problem of excess generating capacity; therefore, Houston Lighting & Power Company is currently negotiating with them to buy one of their lignite plants to help ease the situ- ation in this area. Mr. Schaefer stated that Houston Lighting & Power Company is quite confident that they can maintain the system and they are making provisions toward that end. Hear Report from Urban Rehabilitation Standards Review Board City Council had requested to hear a report once a month from one of the boards or commissions. Mayor Hutto recognized Bill Gidley, a representative of the Urban Rehabilitation Standards Review Board. Mr. Gidley stated that serving on that board with him are members John Sylvester, Firs. Libby Weisinger, Rev. Peter Katt, William Gandy, Jerry Don Smith, and the newest member of the Board is Bobby Walford. The meetings of the Urban Rehabilitation Standards Board are usually held on the first Monday of each month at 4:00 p.m. Also atten- ding those meetings are Odis Muennink, the City Sanitarian, William Taylor, Fire Marshal, Jack Cramer, Chief Building Inspec- tor, James Fanestiel, an inspector, and Mickey Townsend, secre- tary of the board. The purpose of the Urban Rehabilitation Standards Board is to protect the health, safety, morals, and welfare of the citizens of the City of Baytown by establishing minimum standards governing the construction, use, occupation and maintenance of dwellings, dwelling units, rooming houses, rooming 91025 -5 Minutes of the Regular Meeting - October 25, 1979 units, premises and all other non - residential structures by establishing minimum standards, governing utilities, facilities and other physical components and conditions. Also, on non- residential structures, the Board sees that those structures are safe, sanitary and fit for human use, fixing certain responsi- bilities and duties of owners, operators, agents, and occupants of buildings, dwelling units, etc. The Board also establishes procedures for the inspection of dwellings, and the condemnation and vacating of dwellings which are found to be unfit for human use, occupancy, habitation and fixing penalties for violations. During this past year, the Urban Rehabilitation Standards Board had sixty structures investigated between October 1, 1978 and September 30, 1979. Twenty -two structures were removed or demolished, nine of which were demolished by contract and thir- teen were demolished by the homeowners. Approximately 400 of the structures were repaired and brought up to the City standards. There were 210 junk and trash complaints made by the Inspection Department under the Urban Rehabilitation Standards Ordinance. There were 60 care of premises complaints which included broken water pipes and sewer lines on residential structures, as well as apartment projects. The Urban Rehabilitation Standards Board has had several buildings on Texas Avenue brought up to standards due to broken windows, etc. Councilman Philips inquired if there is any way that the Urban Rehabilitation Standards Board can increase the activity or surveillance of junk and trash complaints. In response to that question, Mr. Gidley explained that the Inspection Department handles the filing of complaints. In response to a question from Council, Mr. Lanham explained that complaints are received from citizens and from staff members which complaints are referred to the Inspection Department for handling. However, in some cases, it may take weeks to have a problem cleared because of notice requirements. Councilman Philips inquired if this process could be speeded up. Mr. Lanham responded that the Administration will look into that possibility. Council commended the Urban Rehabilitation Standards Board for its efforts and expressed continued support of that Board. Councilwoman Wilbanks inquired if the Urban Rehabilitation Standards Board has a reasonable sum of money to deal with the demolition of buildings in Baytown. Mr. Gidley felt that the Board has an adequate amount of money for the demolition of buildings. Ordinance - Amending Chapter 11, "Electrical Code," Section 11 -1, Membership; Appointment Council has discussed this at two previous meetings and the Administration has prepared two ordinances for Council's consid- eration. The present ordinance provides that one of the members on the Electrical Board must be an electrical engineer employed by an electric utility company franchised by the City of Baytown. One of the proposed ordinances would change this position to graduate electrical engineer; the other would change the position to an employee of the electric public utility franchised by the City. Another possibility that had been discussed by Council was to eliminate the requirement for this member to live in the city limits. Mr. Lanham explained that Jim Schaefer, District ?.tanager for Houston Lighting & Power Company, had indicated that there would be no problem in designating a person to serve on this board who met the qualifications of being an electrical engineer if Council relaxed that one requirement. Mr. Lanham pointed out that there is a person living in the area who served on the Board for several years, but moved out of the city and had to resign. 91025 -6 Minutes of the Regular Meeting - October 25, 1979 Councilman Philips commented that he had talked with a member of the Electrical Board about this matter and his feeling was that there are several qualified employees of Houston Light- ing & Power Company who are not necessarily electrical engineers but fully understand the Electrical Code and understand all of the ramifications of power distribution, etc. Councilman Philips stated that he personally felt that the person ought to live in the city limits because it is easy for him to attend the meetings and would enhance his ability to participate, but when Mr. Schaefer was asked if any such persons resided within the city limits, he responded negatively. There are persons meeting that criteria who live very near the city boundaries, but nonetheless on the outskirts. Mayor Hutto concurred with Councilman Philips that members of boards and commissions should be residents of the city and stated that the position of a graduate electrical engineer would satisfactorily fill the vacancy on the Electrical Board. Councilman Philips moved to adopt the graduate electrical engineer position; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2749 AN ORDINANCE AMENDING CHAPTER 11, "ELECTRICAL CODE," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN TO RESTRUCTURE MEMBERSHIP OF THE ELECTRICAL BOARD. Ordinance - Awarding Contract for Construction of Water and Sanitary Sewer Lines to San Jacinto Mall and Lake Municipal Utility District The developers of these projects are not ready on this item. Ordinance - Awarding Annual Mud Flap Contract Two bids were received for the City's annual contract for mud flaps. The bid specifications required vendors to bid on 42" mud flaps. Both bidders who submitted bids bid on mud flaps that were less than 42 ", and therefore, did not meet specifications. In the past, the City has purchased 42" mud flaps from a company that did not bid. The Administration recommended that all bids be rejected and that permission be given to readvertise for bids. Council had no objection. The bid tabulation is attached to the minutes as Attachment "A. 11 Ordinance - Awarding Bid for Garbage Bags Seven bids were received for the purchase of 400,000 garbage bags to be packaged in boxes of fifty (50) each. The low bidder was Sun Belt Plastics with a bid of 6.2930 per bag, or $3.15 per box. The last time that the City took bids, the cost per box of fifty (50) was $2.94. The City has been selling the bags for $3.00 per box which has resulted in a 100 per box loss to the City (based on a cost of $2.94 per box plus 150 sales tax). The new bid of $3.15 per box plus 16¢ sales tax that must be collected when the City sells the plastic bags will result in a total cost to the City of $3.31. The Administration recommended that the bid be awarded to Sun Belt Plastics for the gussetted bags and also recommended increasing the sales price of the garbage bags to $3.50 per box. i 91025 -7 Minutes of the Regular Meeting - October 25, 1979 Mr. Lanham explained that 50% of the people in the community are using plastic garbage bags bought from the City or the gro- cery store. Councilman Johnson moved that the bid be awarded to Sun Belt Plastics and that the price be increased to $3.50; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2750 AN ORDINANCE ACCEPTING THE BID OF SUNBELT PLASTICS FOR THE PUR- CHASE 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. The bid tabulation is attached to the minutes as Attachment ffm Ordinance - Amending Section 18 -4 of the Code of Ordinances, General Penalty Clause The next six items are recommendations from the Council's Traffic Commission. The general penalty clause of the City's Code of Ordinances provides for a minimum fine of not less than $1.00 to a maximum fine of not more than $200.00, but it does not establish separate fine provisions for minors. State law limits misdemeanor fines for minors to not more than $100.00. The amendment would bring the City of Baytown's Code into compliance with state law. It would amend the City's general penalty clause by adding a provision that minors who have passed their four- teenth (14th) birthday, but have not reached their seventeenth (17th) birthday shall be punishable by a fine of not less than $1.00 nor more than $100.00. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2751 AN ORDINANCE AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN BY THE AMENDMENT OF SECTION 18 -4, GENERAL PENALTY CLAUSE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Amending Chapter 18, "Motor Vehicles and Traffic," by Deleting Paragraphs 18 -10(k) and 18 -40 and Substituting New Provisions for Each The Traffic Committee approved a recommendation which would raise the limit of damage for accidents requiring police investi- gation from $50.00 to $250.00. The proposed ordinance would amend the Code of Ordinances pertaining to "Motor Vehicles and Traffic" to authorize police investigation of accidents resulting in injury to or death of any person or property damage of at least $250.00. The ordinance also makes it an offense if a person becomes involved in such an accident and fails to notify the Baytown Police Department by the quickest means of communi- cation available. The Administration recommended approval of the ordinance. 91025 -8 Minutes of the Regular Meeting - October 25, 1979 Councilman Philips inquired where the fee of $250 origi- nated? Scott Bounds, City Attorney, responded that the $250 is consistent with state law. Mayor Hutto commented that today, with the energy situation and the manpower shortage of the police department, no police officer should be dispensed if both parties are able to drive their cars away. Councilman Philips inquired if this minimum could be in- creased. Mr. Lanham stated that the Administration could check the state law and place an item on the next agenda to discuss the matter further. Mayor Hutto commented that basically his understanding of how the City of Houston handles accidents is that if there are no injuries, the vehicle is driveable, and there are no drugs or alcohol or other contributing factors, the persons involved can report the accident to the police department by telephone within a certain number of hours. Councilman Philips suggested that action be delayed on this item until the Administration could look at it further; Council had no objections. Ordinance - Amending Chapter 18, "Motor Vehicles and Traffic," by Addition of Section 18 -54, Removal of Traffic Hazards The Council's Traffic Committee approved a recommendation to authorize police officers to have traffic hazards on public streets or public traffic areas removed. The Administration recommended approval of the ordinance. Councilman Philips moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2752 AN ORDINANCE AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN BY THE AMENDMENT OF SECTION 18 -54, REMOVAL OF TRAFFIC HAZARDS; PROVIDING A RE- PEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Amending Chapter 18, "Motor Vehicles and Traffic," by Amending Schedule X, Restrictive Turn Movements The proposed ordinance amends the City's Motor Vehicles and Traffic Code by amending Schedule X, Restrictive Turn Movements, to delete U -turn restrictions on South Commerce at West Pearce, West Pearce at South Commerce, and S.H. 146 at James Bowie Drive, and to add a no -turn restriction on the north bound left lane of S.H. 146 at James Bowie Drive. These changes were approved by the Council's Traffic Commission. The Administration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caf fey Mayor Hutto Nays: None 91025 -9 Minutes of the Regular Meeting - October 25, 1979 ORDINANCE NO. 2753 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, ELIMINATING NO U -TURN RESTRICTIONS ON CERTAIN STREETS; PROHIBITING TURNS FROM THE NORTHBOUND LEFT LANE OF STATE HIGHWAY 146 AT ITS INTERSECTION WITH JAMES BOWIE DRIVE; PROVIDING A GENERAL PENALTY CLAUSE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Restricting Parking on Loop 201 The Traffic Commission approved a recommendation which would prohibit parking on Loop 201 feeder streets from Lynchburg Road to Decker Drive. The proposed ordinance restricts parking on Loop 201. The Administration recommended approval of the ordi- nance. Councilman Johnson inquired if a person's car breaks down, and it is an obvious breakdown, how much time does the police give a person to return to his car, in a situation like this where there is a no- parking zone? Chief Turner explained that this depends on the amount of traffic and how much of a traffic hazard is presented. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2754 AN ORDINANCE DESIGNATING A PORTION OF LOOP 201 AS A NO- PARKING ZONE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Removing the Flashing Signal at Bayway Drive and Park Street The proposed ordinance authorizes the removal of the flash- ing signal at Bayway Drive and Park Street. This ordinance is based on a recommendation of the Traffic Commission. It is the consensus of the Commission, as well as the Administration, that this light provides no useful purpose. The City has the responsibility for maintenance of the light and the payment of the electric bill. The Administration recommended approval of the ordinance. Councilman Philips commented that in the process of driving and looking at streets, he looked at this particular intersection and felt that it is a street that is used extensively. Although Councilman Philips did not question the removal of the flashing light, he did feel that the intersection should be well lighted, and marked appropriately. Councilman Philips moved for the adoption of the ordinance subject to the substitution of appropriate signs or striping of the street for traffic safety; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caffey Mayor Hutto Nays: None 91025 -10 Minutes of the Regular Meeting - October 25, 1979 ORDINANCE NO. 2755 AN ORDINANCE PROVIDING FOR THE REMOVAL OF A FLASHING SIGNAL IN- STALLATION AT THE INTERSECTION OF BAYWAY DRIVE AND PARK STREET AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Application of Houston Mid- Stream for U. S. Army Dredge Permit The Administration recommended that the City of Baytown withdraw its request for public hearing. Scott Bounds, City Attorney, explained that his office had contacted the Corps' personnel in charge of this particular permit application and through them, the Legal Department has received the name of several governmental agencies and other groups who presently have submitted objections to the proposed permit or requested extensions of time in which to review the permit application. Some of those agencies, at the present time, have outstanding objections or have not withdrawn their request for extensions of time. However, from talking to various indi- viduals at most of the agencies, Mr. Bounds felt that by the objections imposed through these various agencies, compliance with those agencies' standards would be ensured. All agencies involved indicated that each facility must be examined on its own merits. Disposition of Houston Mid- Stream should not affect the evaluation of future permit applications in the Burnett Bay area. After investigation by the Legal Department of the permit appli- cation of Houston Mid- Stream, the City's Legal Department recom- mended that Council withdraw its request for public hearing for the following reasons: 1. The proposed permit would merely allow continued use of an existing facility; 2. The proposed permit site is within the Houston Ship Channel; 3. The proposed permit site is outside Burnett Bay; and 4. The proposed permit site is outside the corporate limits of the City of Baytown. Mr. Bounds explained that Jim Girardeau, representative of the Lakewood Civic Association, indicated that they would with- draw their request for hearing. If City Council desires to main- tain its request for a public hearing, Air. Bounds recommended that Council retain an environmental consultant to present evi- dence at the hearing on the effects to Burnett Bay. In response to a question from Council, Mr. Bounds listed several agencies that had interposed objections or made requests for further evaluation. Mrs. Jean Shepherd, representative of the Brownwood Civic Association, explained that the Brownwood Civic Association had made verbal objection because of possible effects to Burnett Bay. The Administration felt that the City of Baytown does not have the expertise on its staff to make a presentation at a hearing protesting the potential environmental impact this might have. Mr. Lanham felt that the agencies mentioned by the City Attorney would be able to make a etter presentation opposing the application because of the expertise on their staffs. Mr. Lanham further explained that if the City of Baytown were to appear at the hearing, the City of Baytown should have a reason for objecting to the application and a valid case to present. Mr. Lanham explained that one of the Administration's con- cerns when this was brought before the Council in the beginning was whether this might set a precedent and have an impact on any future permits that might be issued, but the Corps has indicated that each application is examined on its own merits, and this 91025 -11 Minutes of the Regular Meeting - October 25, 1979 would not set a precedent. Mrs. Shepherd inquired if the Administration has received any indication from the Corps whether this will disturb a natural barrier which could lend to more frequent flooding? Mr. Lanham explained these are things the City would expect the different agencies to examine if they are going to protest the application. Councilwoman Wilbanks inquired if the City of Baytown could pose these particular questions to one of these agencies in hopes of obtaining more information. Mr. Lanham felt that the City could submit the questions. Mr. Bounds reiterated that in order for the City to effec- tively present a case, the City would need to know what questions to ask, and to get to that point, it would be necessary, due to the City's limited appreciation of the area, to retain an envi- ronmental consultant, merely to advise the City whether there would be some objection that the City could lodge against the proposed application. Mr. Bounds commented that it is the Admin- istration's feeling, from talking to members of the Environmental Protection Agency and the Texas Water Quality Board, these are things which they have the expertise to deal with. These agen- cies are aware of the facility and they are examining it for its environmental impact. Mr. Bounds felt that the City of Baytown could not add any particular input to the permit procedure. Councilman Philips moved that the City withdraw its protest to the application of Houston Mid- Stream for a U. S. Army dredge permit; Councilman Johnson seconded the motion. Councilwoman Wilbanks commented that there must be some avenue by which the City's concerns can be conveyed through these other agencies. Mr. Bounds felt that the City has conveyed its concerns by its inquiries, and that all of these agencies are well aware that the City of Baytown is concerned with the environmental impact that any permit would have in the area. Mr. Bounds felt that these agencies will be looking at this information when they continue their evaluation of the permit. Mr. Bounds commented that he had talked with the Environmental Protection Agency, which has interposed an objection to the permit on the grounds that the sediment in front of the proposed bulkhead may have toxic substances in it. Therefore, prior to the fill being utilized, tests must be performed and, if there are toxic sub- stances then, Houston Mid- Stream may remove the toxics, but disposal of toxics must be in a landfill like any other waste. Clean fill material from some other location would have to be transported to fill behind the bulkhead. In response to a question from Jean Shepherd, Mr. Bounds explained that it is his understanding that the Corps of Engi- neers had not called a formal public hearing at this time because most of the agencies just simply requested additional time to study the proposed permit and because it looks as if several of the objections may be able to be worked out by changes in the original permit application. Councilman Philips commented that the City ought to continue to intervene and cause the system to work through a public hearing, and he inquired if the Council should ask the Adminis- tration to determine what it might cost to hire a consultant? Mr. Lanham explained that the Administration would need to know what should be asked, since the Administration would have to take proposals from consultants to evaluate the application and they might cover many aspects of it. Mr. Bounds explained that he would need should take proposals from the environmental cilman Philips commented that one thing to d ahead and take this step and in the process, do you think there is a valid concern on the part and he hoped that in talking with these to know whether he consultants. Coun- D would be to go raise the question, City of Baytown's consultants, they 91025 -12 Minutes of the Regular Meeting - October 25, 1979 would answer the questions. Mrs. Shepherd stated that the Brownwood Civic Association will consult with the Coastal Studies Group, who has made a very extensive and thorough study of the bay concerning the possibil- ity of the natural barrier being destroyed and the effects. Councilman Philips stated that the best approach would be to let the Brownwood Civic Association make that inquiry and the City of Baytown could go from there. Mr. Lanham explained that the Administration can report back to Council in this regard. Councilman Philips withdrew this motion and moved to table this item until Council can receive information from the Brown - wood Civic Association. Council concurred. ^° Resolution No. 701 - Establishing Projects for 1978 Community Development Funds Harris County has provided cost estimates for proposed projects in the Busch Terrace Subdivision which could be under- taken with the 1978 Community Development funds. Estimated cost of the proposed projects is $1,080,000. Approximately $400,000 is available for construction. The following projects are recommended for the 1978 Community Development Block Grant funding through the county and are listed in priority order: 1. Avenue J - Dorris to dead end 2. Avenue K - Dorris to dead end 3. Avenue L - Dorris to dead end (reconstruction of the street - concrete with curb, gutter and storm sewers; storm sewer work to end at the dead end - this is proposed for all three streets) 4. Dorris Street - Airhart to Loop 201 (street reconstruc- tion - concrete with curb, gutter and storm sewer) 5. Park Street - Airhart to Loop 201 (drainage improve- ments only) 6. Pedestrian ways - any funds left over to be used to provide sidewalks on both sides of the street recon- struction or where it is feasible to place sidewalks.) The Administration would like to notify the County that these projects are the City's priority projects for this funding. In response to a question from Councilman Philips, Mr. Lan- ham explained that the City would prefer to handle the engi- neering but the County chose to handle the engineering for two years. Mr. Lanham further explained that the City of Baytown will be able to review the plans and specifications. The Admin- istration recommended approval of the resolution. Councilman Philips moved for adoption of the resolution; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caffey Mayor Hutto Nays: None RESOLUTION NO. 701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ESTAB- LISHING PROJECT PRIORITY FOR THE 1978 COMMUNITY DEVELOPMENT PROGRAM. 91025 -13 Minutes of the Regular Meeting - October 25, 1979 Consider Priority Listing for Drainage Councilman Kloesel requested that an item be placed on the agenda to reconsider priority listing for drainage but since Councilman Kloesel was not present at the meeting, Council asked that it be placed on the next agenda. Consider Park Street Improvement A possibility of paving Park Street from Pruett to Decker Drive was discussed several weeks ago and the Council instructed the Administration to secure information regarding the Highway Department's plan for the intersection of Loop 201 and Decker Drive and the effect on Park Street. Since then, City Council had an opportunity to meet with representatives of the Harris County Flood Control District who indicated that the ditch along the south side of Park Street is one of those that they propose to improve which means the City can scale this project down. Ed Shackelford, Office Engineer, was present to discuss the plans for the interchange at Loop 201. Mr. Shackelford explained that he had spoken with the State Department of Highways, and they have decided on a final layout for Loop 201 intersection with Spur 330 (Decker Drive). Dirt work must be completed, along with the contract for work between McKinney Road and Cedar Bayou Creek prior to work on the frontage roads and the main lanes of Loop 201 in the area of Spur 330 and Park Street. The estimate is approximately five years before the frontage roads will be avail- able for traffic in the area of Spur 330. At that time, Park Street will be intersecting with the frontage roads and the frontage road will be a one -way road going east, thus eliminating the entrance of Park Street on Spur 330. After the State builds the frontage roads, they are going to come and put in the main lanes in this area which will allow for the traffic to continue on down to Garth Road. At the time they come in and take out the existing intersection of Park Street and Spur 330, they will funnel the traffic down coming off of Park Street and force it back over to Garth Road to get onto Loop 201. This will elimi- nate the extra traffic coming in that area. Councilman Philips commented that it will also make a two - lane road appropriate there if it is one -way. Mr. Shackelford explained that Busch, Hutchison and Associates' proposal is for three lanes but the bridge on Park Street will not be replaced. Councilwoman Wilbanks pointed out that if the City puts the third center turn lane, then the City could estimate at least five years use. Mr. Shackelford explained that the three lanes will still service the Woodcreek Shopping Center and the heavy traffic on Park Street between North Pruett and Garth Road, also the nursing home and the apartments near the bridge. Mr. Lanham commented that once the frontage roads are complete, Park Street will still continue to have heavy traffic flow in that immediate area. Councilman Philips questioned if a problem would be created for traffic traveling east from a one -way into two -way traffic? Mr. Shackelford explained that the traffic will still be two -way on Park Street all the way out to the frontage road. The only traffic entering Park Street will be coming off the frontage road and coming on Spur 330. There will be a traffic light at that frontage road and Spur 330 intersection. Mr. Shackelford further explained that westbound traffic on Park Street will still be able to go out to the frontage road but they will have to go back to Garth to go either east or westbound. Councilwoman Wilbanks commented that the traffic pattern will continue to remain as far as Garth and Park Street are concerned with daily traffic, shopping and apartments. Councilman Johnson expressed appreciation that the Admin- istration researched this matter further because it will save the City some money. 91025 -14 Minutes of the Regular Meeting - October 25, 1979 Councilwoman Wilbanks requested that this item be placed on the next agenda. Mr. Lanham explained that the Administration is proposing a 39 -foot street, with storm sewer to be placed only in a portion of it. The City will await the additional work to be performed by the County prior to closing the ditch. Norman Dykes, City Engineer, explained that the plans are for a 39 -foot street, with two 13 -foot lanes and a 12 -foot center turn lane. The drainage area from Memorial Drive down to Goose Creek would be the respon- sibility of the Harris County Flood Control District to maintain. In the portion of the ditch from Memorial Drive to North Pruett, there needs to be a pipe installed for future service to the property east of North Pruett. Seventy -five thousand four hundred dollars of this is for that system which would probably be under the street or part of it would be under the street. It would be advantageous to the City to do that now to avoid having to tear out pavement later. In response to a question from Councilwoman Wilbanks, Mr. Lanham explained that Park Street was one of the thoroughfares listed to be improved in the bond program. The improvement would be on an assessment basis. The cost is considerably less than what was anticipated originally because at that time, the City was thinking of replacing the bridge. In response to a question from Councilman Philips, ?fir. Lanham explained that the Administration feels that the bridge over Goose Creek Stream on Park Street should not be replaced because when the State Department of Highways' work is completed, the Administration felt that the traffic volume will not be such that a wider bridge would be required. Mr. Lanham explained that if the Council would like to consider this formally, the Administration can place an ordinance on the next agenda which would be the first step in the assess- ment process. Formal action can be taken at that time. Council had no objection to an item being placed on the next agenda in this regard. Consider 1980 Street Reconstruction Program Each year after Council approval of the budget, the Adminis- tration surveys streets throughout the City to develop a recom- mended list of streets to be reconstructed. This year it was necessary to reduce the amount from $500,000, which is the amount it has been for several years, to $425,000. Council has received a copy of a list of those streets that the Administration feels should be reconstructed and several that could be overlayed. In preparing this list, the condition of the street, as well as the amount of traffic flow on the street is considered. Streets in various parts of the city are recommended for reconstruction. For many years, the Administration concentrated on thoroughfares and collector streets and for the most part, those have been reconstructed. With the exception of Lobit and Missouri Streets, all streets on the list are residential streets. Mr. Lanham felt that residential streets need to be reconstructed from time to time. A list of the streets proposed for the 1980 Street Im- provement Program are as follows: 91025 -15 Minutes of the Regular Meeting - October 25, 1979 STREET FROM TO COST Bayway Drive Near Exxon Entrance Sterling $ 13,000.00 Bay Villa All Jones 28,000.00 Chesapeake Atlantic Laredo 30,000.00 Colorado Wisconsin Michigan 22,000.00 Foster Bayway End 15,100.00 Lobit Decker Pruett 146,600.00 Missouri Loop 201 Highway 146 50,000.00 Narcille Fayle Adams 18,000.00 Rice Park Morrell 6,300.00 Sandy Highway 146 End 9,900.00 Strickland Fayle Adams 18,300.00 Windy Highway 146 End 19,600.00 Woods Bayway End 26,300.00 ASPHALT OVERLAYS Ashbel Sterling West Gulf 7,300.00 Gaillard Sterling West Gulf 7,300.00 Jones Sterling West Gulf 7,300.00 $425,000.00 Councilman Philips recommended that Fayle from Strickland to Danubina and Aron from Fourth Street to Highway 146 be considered. Councilwoman Wilbanks listed another street in need of repair- - Gaillard between Defee and Texas Avenue. There are big chunks of concrete missing out of the street. Councilman Philips commented that reconstruction of Colorado Street could be postponed for another year since it is not in as bad condition as some of the other streets, nor is it as heavily traveled. Councilman Philips suggested that the priority on Colorado Street be considered low with all due respects to the needs of Aron Street. Mayor Hutto inquired if the Administration has given any consideration to the drainage problem under the planter boxes on Gaillard, Ashbel and Jones Street. Mr. Lanham responded that this is something that will need to be considered. The Administration requested authorization to prepare plans and specifications for Council consideration. Councilman Johnson moved that the Administration be autho- rized to prepare plans and specifications for Council considera- tion; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caffey Mayor Hutto Nays: None Consider Request of U. S. Coast Guard to Alter Placement of Buoys in Scott, Crystal and Burnett Bays The City Attorney has met with representatives of the State Department of Parks and Wildlife regarding a new law which affects fishing in Burnett, Crystal and Scott Bays. Senate Bill No. 335 designates these bays as nursery areas. Only persons holding a valid bait shrimp dealers license and maintaining a fixed place of business immediately adjacent to a nursery area prior to June 19, 1979, is authorized to shrimp in a nursery area. Louis Hadley, who lives on Burnett Bay, and Bill Vinson, who lives on Scott Bay, are thus permitted to shrimp for bait shrimp in those respective bays. They may use two boats to catch 150 pounds of bait shrimp per day all year long. At least one - half of the bait shrimp must be kept alive. Prior to Council's placement of buoys in Burnett, Crystal and Scott Bays, several shrimpers from Baytown, Seabrook, and other areas worked these 91025 -16 Minutes of the Regular Meeting - October 25, 1979 bays. The new state law severely limits the shrimping in these bays as stated previously. For this reason,' the Administration suggested that the Council may want to reconsider the placement of the buoys in those three bays. The buoys are extremely diffi- cult to maintain and almost impossible to police. Councilman Johnson moved to accept the recommendation of the Administration; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caffey Mayor Hutto Nays: None Recess and Reconvene Mayor Hutto recessed the open meeting into executive session to discuss personnel matters. When the open meeting reconvened, the following business was transacted: Consider Appointment to Electrical Board Councilwoman Caffey moved for the appointment of Pat Mann to serve on the Electrical Board; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caffey Mayor Hutto Nays: None Consider Appointment to the Planning Commission Councilman Johnson moved for the appointment of Leslie M. Couch to the Planning Commission; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Caffey Mayor Hutto Nays: None Unfinished Business Mr. Lanham explained that he had received word from Mr. Bray who indicated that it appears that all steps necessary to effect the dedication of property south of Highway 146 to the City of Baytown should be completed in the very near future so that it may be possible to have an item in this regard on the next Coun- cil agenda. Mr. Lanham explained that General Homes, Inc. is considering activating Thompson Road Water District, as well as the possibil- ity of purchasing land just east of that area. General Homes, Inc. requested that a work session be held with Council to dis- cuss their plans with Council to learn what Council's attitude would be toward annexation, and in particular, the district's annexation of a portion of an area that is not in the water district. Also, General Homes, Inc. is interested in Council's attitude toward providing water and sewer service to that area. Council scheduled the work session for Wednesday, October 31, 1979, at 5:00 p.m. in the Conference Room. Since the second Council meeting of November will fall on Thanksgiving Day, Council has rescheduled that meeting to Tues- day, November 20, 1979, at 6:30 p.m. Minutes of the Regular Meeting - October 25, 1979 Adjourn 91.025 -17 With no further business to be transacted, Mayor Hutto ad- journed the meeting. "-k, " ) v,-,tJ Karen Petru, Deputy City Clerk APPROVED: Eileen P. H 11, City Clerk TITLE: ANNUAL MUD FLAP CONTRACT Q I D= 7910-5 DATE' 10 -15 -79 - 930 a.m. VTEf�lil QTY � DESCRIPTION CITY OF BAYTOWN B1D TABULATION TED' S 5 P P�,.1�._ UNIT EXTENOEO UNIT EX NO D UNfT X�ND�t� � UN17 X7END UNI X PRICE EST: ANNUAL MUD FLAP CONTRACT 500 S 6.0o S3,000.o0 5 7.75 53,875.00 � SIZE: 36" lon x 24" aide 40" long x 24" wide I, 1 ALTERNAT I $ 6.98` 53,490.00 1 - `Buying n lots of +� 50 pa i r � Nine (9) companies were mailed ,� Bid copies and all were contacted � by phone prior to bid opening 315 Nort Main � Baytown, Texas +� GROSS TOTAL LESS DISC. NET TOTAL DELIVERY TITLE rnRanr,� arcs 6 ! D� B 1 D NO . 7910 -9_ _ _ DATE 10 -22 -79 - 9:30 a.m. QTY � DESCRIPTION CITY OF BAYTOWIV 810 TA BULATI OIV SUNBELT PLASTICS BEM I S r P N1L.1I�C. 6i29r15. UNlT EXTENOEO UNIT_ EX7ENOE0 U��I�T is cu i NTER i NC 1"i EX7ENOE0 UN17 EX7 NOED GARBAGE BAGS � 1. 400,000 GARBAGE 8AG5 - Gusseted 62.93/M $25,172.00 S.06327 $25,308.00 $63.63/ $25,452.00 $74.71/r�t 529,884.00 iA. 400,00 GARBAGE BAGS - Non Gusseted 63.35/M $25,340.00 NO BID $63.63/ $25,452.00 NO BID GROSS IOTA L ' � _ LESS DISC. �� NET TOTAL ` � DELIVERY 14 days I 135 days � � 14 days � � 200,000 � 45 days 200,000 90 days i DELIVERY: � RECOMMENDED BIDDER: � Sunbelt Plastics � 4611 Central Ave. Monroe La. 71203 c3 +' Cost last order 2.94 bx. � 5� tax •15 Total sales cost $3.10 Fifteen company`s were mailed specifications. GROSS IOTA L ' � _ LESS DISC. �� NET TOTAL ` � DELIVERY 14 days I 135 days � � 14 days � � 200,000 � 45 days 200,000 90 days i ' • J Attachment "B" continued t7 Z 1 G) -� mi U) < �4v O < r m r M a m -c w O 0. d 14 N w AM t- a a� N 0 r r 0 0 O O O O O O O O W v M M m v v n c, o N N N 1 � 0 C 0 7 N N G'1 m c �* U a a m rlt M a z 0 0 V Q7 V .r� v to w 0 ie O O O V V OD CO V1 to X- � 3 4A w w 0 CO CO O O w w V V O O O O O O M W C� 0 m -v D -o m A L� A a) �r R1 c� D CA D O lim I I� I Ik � CO CO CUO t- D �o o� ZZ