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:
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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-
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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
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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.
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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
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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
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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
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