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1980 07 24 CC Minutes00724 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 24, 1980 The City Council of the City of Baytown, Texas, met in regu- lar session on Thursday, July 24, 1980, at 6:30 p.m. in the Coun- cil Chamber of the Baytown City Hall with the following members in attendance: Fred T. Philips Perry M. Simmons Mary E. Wilbanks Eileen Caffey Emmett O. Hutto Fritz Lanham Dan Savage Randy Strong Eileen P. Hall Absent: Jimmy Johnson Allen Cannon Councilman Councilman Councilwoman Councilwoman Mayor City Manager Assistant City Hanager City Attorney City Clerk Councilman Councilman Mayor Hutto called the meeting to order and the invocation was offered by Councilman Philips. Minutes Councilwoman Wilbanks moved for approval of the minutes from the regular and special meetings of July 10, 1980; Councilman Philips seconded the motion. The vote follows: Ayes: Council members and Caffey Mayor Hutto Nays: None Receive Petitions None. City Manager's Report Philips, Simmons, Wilbanks, Work Session - Alternatives, with State participation on Brownwood situation - The Administration was unable to schedule a work session with State Representative Ed Emmett or a repre- sentative from the Governor's office due to conflicts. Council requested that Mr. Lanham attempt to schedule a work session for Thursday, July 31, 1980, at 5:30 p.m. Houston Lighting and Power Statement of Cost Comparisons - A letter from HL &P was placed at Council places regarding rates for August. There has been an increase of less than $2.00 over the month of July based on an average 2,000 KWH per month. Councilman Philips felt that HL &P could help to reduce bills during this period of heavy consumption by educating the public on conservation. Mayor Hutto pointed out that any advertising costs are passed on to the consumer. Councilman.Philips inquired if the cost of advertisement is a pass through and stated that that is a specific that Council should take a strong position against. Randy Strong, City Attorney, stated he could not recall exactly how the Public Utilities Commission treated that parti- 00724 -2 Minutes of the Regular !Meeting - July 24, 1980 cular item, but he will check and report to Council by next meeting. Community Development Rehabilitation Programs - Mr. Lanham invited Council to tour Community Development Rehabilitation projects. The Administration will arrange tours at times con- venient to Council. Rules of Procedure for Conducting City Council Meetings - Several Council members have expressed an interest in estab- lishing rules of procedure for conducting City Council meetings. The Administration acquired ordinances from other cities and Mr. Lanham summarized some of the rules set forth by those ordinances as follows: Notice provisions that track state law regarding Open Meet- ings Act; rules for residents and non - residents addressing City Council; time limit for addressing City Council; preparation of agendas - -how and when should items be placed on City Council agenda, as well as procedure for reconsideration of items; decorum at the Council table, as well as the decorum in the Coun- cil room, one spokesman for a group; calling of special Council meetings, and even removal of persons from the Council Chamber. Mayor Hutto stated that he felt that City Council should regulate and set policies for its conduct. Mr. Lanham stated that the Administration would draft an ordinance for Council consideration to give Council something to work with. Mayor Hutto suggested that the individual Council members confer with the Administration on any ideas that might be helpful in the development of the ordinance. Councilman Philips stated that good judgment should be used in drawing the ordinance so that Council is not placed in a position where it cannot conduct business. Councilwoman Wilbanks stated that she would favor setting a time limit for speakers rather than trying to address different rules for residents and non - residents. Councilwoman Caffey felt that persons desiring to address Council should be required to step to the podium to speak and to identify themselves. Capital Improvements Projects - The contractor on Park Street is about 95% complete on the storm sewer portion of the job and has completed 80% of the excavation work on the south side. The City is working with pipeline companies to cross pipe- lines on Bayway and Decker to perform the drainage work needed near St. James House. The final elevation and cross sectional drawings have been completed and have been delivered to the various companies. The City is proposing that the lines be left open. 1980 Street Paving - The following streets have been com- pleted: Narcille, Rice, Sandy, Strickland, West Lobit and Windy. All the work has been done on the following streets except the final asphalt course: Bay Villa, Bayway, Chesapeake, Foster, Market, Missouri and Woods. The project is about 80% complete. For the most part, the streets remaining to be done are those where petromat will be used. There has been a delivery problem. Community Development Project - Cedar Street is approxi- mately 15% complete. The contractor has been relaying water lines, building inlets and installing storm sewers. In response to a question from Council, fir. Lanham explained that the City is responsible for the ditch being dug east of Airhart to drain that area. The work is about 90010 complete. 00724 -3 Minutes of the Regular Meeting - July 24, 1980 Waterlines - On Sjolander Road and Interstate 10 waterlines, laying of pipe has been completed and all that remains is to test the pipe. Drainage - MacArthur Street work has been completed; Massey Tompkins from county ditch to Chaparral is about 50% complete; Timberlane is 25% complete. Flood Control District Crews - The HCFCD crews have cleaned Goose Creek north to IH10. Highway Department crews are assis- ting in cleaning under Interstate 10 which should help alleviate flooding in the McNair area. The flood control district has purchased the pipe for an additional crossing under Kilgore and the work is to begin this next week. Ward Road Storm Sewer Project is about 95% complete. Dan Savage, Assistant City Manager, reported on what has transpired with regard to Federal Emergency Management Agency's Program. Representatives of the agency along with city represen- tatives have held public meetings and invited, in particular, residents of the Brownwood area, but anyone interested could attend. At the first meeting approximately 70 people were present. At the second meeting; approximately 20 persons attended. The purpose of the meetings was to identify homes that had been flooded on a number of occasions which had sustained structural damage. At both meetings those present were told that this is a pilot program and what criteria must be met to participate. People who felt that they might qualify were asked to meet with representatives of the agency to complete questionnaires and furnish necessary information. Seventeen or eighteen residents were interviewed. The information will be analyzed and forwarded to the Washington office. On basis of a quick review of the information presented, it appeared that a number of the homes would not qualify under the 1362 Program. Even though the struc- tures had been flooded on several occasions, the structural damage that the program requires was not sustained. What the representatives will probably do at this point is forward the information to Washington and also argue on the City's behalf in terms of the unusual circumstances that we have. The federal program is designed primarily for river flooding situations. The Brownwood area suffers from tidal flooding with greater frequency than required by the federal regulations, but with less struc- tural damage than required. The representatives feel that the people in Washington need to know of the situations that exist here. At this point, data is still being gathered and absentee land owners will be forwarded questionnaires. Norman Dykes reported that the Decker Drive water well began to pump sand about a week ago. The well was shut down and plans are being made to change some pipes and to try to establish a low flow that will not pump sand. Minor repairs have been made to the Baker Road and Craigmont wells. The Exxon well is producing approximately 2 million gallons per day. The rain has cut usage, but if one of the wells fails, the City will be in a serious situation. There is still the necessity to restrict water usage. Budget - The Administration plans to deliver the proposed budget to Council on July 31. Council agreed to meet in budget work sessions beginning August 4 - 6 at 5:30 p.m. Other meetings will be scheduled as necessary. Questions and Comments Concerning City Manager's Report Councilman Simmons inquired if a representative of HL &P would formally appear before Council regarding the rate request. Mr. Strong stated that at the time Council takes formal action on the HL &P request, Council may request that HL &P present whatever evidence Council deems necessary. 00724 -4 Minutes of the Regular Meeting - July 24, 1980 Councilman Simmons commended the Public Works Department for getting the street sweeper back in operation. Councilwoman Caffey stated that a couple of weeks ago, she had received a complaint that Baytown's restaurants and theatres were unsanitary. Recently, she made three calls with representa- tives of the Health Department. All three establishments had been contacted previously by the Health Department and all three had performed the corrective measures suggested by the depart- ment. Mrs. Caffey stated that she would continue to work with the Health Department and study state laws and City of Baytown ordinances to be certain that the City's eating establishments are kept in a sanitary state. She also mentioned complaints against open dumpsters and suggested that lids should be closed. Receive Report of Bavtown Drainaae Studv Committee Mr. Del Smith, Chairman of the Baytown Drainage Study Com- mittee, presented that committee's report which is attached to the Minutes as Attachment "A." The committee felt with the presentation of the report its purpose was fulfilled and recom- mended that the committee be disbanded. Councilman Philips moved to accept the report and to refer the report to the Administration for study and recommendation to Council; Councilwoman Caffey seconded the motion. Councilwoman Wilbanks commented that this was a very active committee which did not suffer for lack of attendance by members. The committee held a public meeting where the question was posed as to how the committee was selected and why there was no repre- sentation from the E.T.J. Mrs. Wilbanks responded that Council had attempted to select a diverse group so that the community as a whole would be represented, but Council had not addressed a member from the E.T.J. After the meeting, David Cox pointed out that he resided in the E.T.J. The committee did address problems of increased flow into watersheds in the E.T.J., as well as the immediate boundary limits of Baytown. Mrs. Wilbanks stated that the idea of referring the report to the Administration for study and recommendation is good because there are some changes that can be effected through the subdivision ordinance. Also, contact should be made with Harris County to determine what progress is being made on their drainage plan. If that plan does not include enough detail of the Baytown area, Council may want to make provisions to take what the County has developed and develop that further to use as a tool for handling drainage in the future. Councilman Philips requested that the City Manager think in terms of designating a person in a department to be the drainage coordinator. Mr. Lanham repsonded that one of the things that will be recommended as part of the budget process is another person on the engineering staff. Mr. Lanham also stated that the Administration would develop a schedule of implementation for recommendations made in the drainage report. Councilwoman Wilbanks requested that when the Administration brings information back to the Council, that the committee be afforded the opportunity to meet with Council to share a little of the background of how the committee came to its recommenda- tions. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None 00724 -5 Minutes of the Regular Meeting - July 24, 1980 Receive Six -Month Audit Report for Fiscal Year 1979 -80 David Start with the firm of Gerace, Hullum, Start and Company presented the six -month audit report. He explained that in order to conform to the recommended procedures of the National Council on Governmental Accounting and the American Institute of Certified Public Accountants, the accrual basis of accounting has been adopted. The effect of the change in the current fiscal period was to reduce the excess of revenues over expenditures before the cumulative effect of a change in accounting principle by $283,888 in the General Fund and reduce income before the cumulative effect of a change in accounting principle by $18,635 in the Water Fund. Increase in fund balance should not be con- fused with or construed as additional cash to be expended. It is an accrual of revenues which will be received during the upcoming fiscal year, but which have been earned as of the reporting period. The same applies to expenditures which are recognized when incurred rather than when actually paid. Funds that are committed are reported in the financial statements as unreserved fund balances designated for subsequent periods expenditures. Mr. Start also mentioned the commitment of the City of Baytown to BAWA, as well as pending litigation. He pointed out that the balance sheet reflects the good job of cash management on the part of the Administration, as evi- denced in the General Fund by the low balances in the demand accounts and the high balances in the time deposit accounts. Councilman Philips moved to accept the six -month audit report; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None Ordinance - Approving Contract with Underwood, Neuhaus for Financial Services Provided in Sale of $1.1 Million Certificates of Obligation Both Underwood, Neuhaus and the City of Baytown have been operating under the assumption that the existing contract for financial services covered the issuance of Certificates of Obli- gation. However, the existing contract does not cover sale of certificates of obligation; therefore, it is necessary to approve a separate contract with Underwood, Neuhaus for financial ser- vices provided in sale of $1.1 million Certificates of Obliga- tion. The fee for financial services is the same under both contracts. The Administration recommended approval of the contract. In response to a that when Underwood, of the opinion rather Underwood, Neuhaus to encourage the receipt the firm that handles question from Council, Mr. Lanham explained Veuhaus was employed years ago, Council was than it being a conflict of interest for bid on City of Baytown bond sales, it would of good bids. It is common practice for a bond sale to bid. Councilman Simmons moved for adoption of the ordinance; Councilwoman Wilbbanks seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None 00724 -6 Minutes of the Regular Meeting - July 24, 1980 ORDINANCE NO. 2937 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A FINANCIAL AD- VISORY CONTRACT WITH UNDERWOOD, NEUHAUS & COMPANY, INCORPORATED, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Setting the Time, Date, and Place for a Public Hearing on the Proposed Annexation of 127.97 Acres North of Massey Tompkins Between North Main and Barkuloo Road Council had been presented with a copy of a letter from Mr. C. J. Bailey who is planning to develop 80 acres of land east of North Main and north of Massey Tompkins Road. The 80 acre tract is shaped so that there is some frontage on North Alain, but most frontage is on Barkuloo Road. If Council annexed only that area, then there would be approximately 58 acres of land between that tract and the existing city limits. Therefore, the Administration suggested that Council annex the entire acreage of 127.97 acres north of Massey Tompkins between North Main and Barkuloo Road. Councilman Philips felt this would be in keeping with Coun- cil's previous comments regarding uneven boundary limits. Mr. Lanham explained that the City is required to provide services to annexed areas within a three -year period and the Administration would be recommending annexation of another small area contiguous to this area when sewer and water services are available. Councilman Philips stated that the City of Baytown needs to provide more residential areas and moved for adoption of the ordinance, setting a public hearing for August 14 at 7 :00 p.m. in the Council Chamber; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2938 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF 127.97 ACRES OF PROPERTY LOCATED NORTH OF MASSEY TOMPKINS ROAD BETWEEN NORTH MAIN AND BARKUL00 ROAD BY THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PRO- VIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Restricting Parking on Fairway and park Street The Traffic Committee has recommended no parking on Pairway from Decker Drive to Interlachen- -both sides of the street and on Park Street from Goose Creek Bridge to North Pruett Street - -both sides of the street. The Administration recommended approval of the ordinance. In response to a question from Council, the school will not be affected by this restriction because there is ample off- street parking. Councilman Philips moved for adoption of the ordinance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None 00724 -7 Minutes of the Regular Meeting - July 24, 1980 ORDINANCE NO. 2939 AN ORDINANCE DESIGNATING A PORTION OF FAIRWAY DRIVE AS A NO- PARKING ZONE; DESIGNATING A PORTION OF PARK STREET AS A NO- PARKING ZONE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CON- TAINING 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 - Establishing Yield Intersections for West Humble Avenue at Atlantic Street and for West Gulf Avenue at Atlantic Street epll The Traffic Committee has recommended yield intersections for West Humble Avenue at Atlantic Street and for West Gulf Avenue at Atlantic Street. Residents in that area have requested some traffic control devices. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None Councilman Philips requested that the police department pay particular attention to this area because of calls he had re- ceived from residents. ORDINANCE NO. 2940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE POSTING OF YIELD SIGNS AT THE INTERSECTION OF WEST HUMBLE AVENUE AT ATLANTIC STREET AND AT WEST GULF AVENUE AT ATLANTIC STREET; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Removing a Portion of the Signalization on Decker Drive (inbound) at Shady Hill Drive The signal inbound on Decker at Shady Hill was installed during construction of the Olefins plant. The Texas Department of Highways and Public Transportation has approved the removal. The Administration feels the signal is no longer necessary and recommends approval. Councilman Simmons moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caf fey Mayor Hutto Nays: None ORDINANCE NO. 2941 AN ORDINANCE PROVIDING FOR THE REMOVAL OF A PORTION OF THE SIG - NALIZATION ON DECKER DRIVE AT SHADY HILL DRIVE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Councilman Philips requested that the Administration check the signal at Baker and Decker to be certain that the light is allowing enough time for Baker Road traffic to turn onto Decker. 00724 -8 Minutes of the Regular Meeting - July 24, 1980 Ordinance - Authorizing the Removal of One -way Restrictions on Colorado and Oklahoma Streets The Administration has determined the reason that Colorado and Oklahoma were made one -way streets was to provide access to and from the fire station. The Administration feels there is no need for the one -way restriction on these streets and concurred with the Traffic Committee's recommendation that the one -way restrictions be removed. Councilwoman Caffey moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2942 AN ORDINANCE PROVIDING FOR THE REMOVAL OF ONE -WAY RESTRICTIONS ON COLORADO AND OKLAHOMA STREETS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding Bid for Radio Antenna Tower One bid was received for the purchase and installation of a radio antenna tower. Three companies were mailed specifications. The existing tower was installed in 1958. That tower is rusting out, plus there are grounding problems. The Administration recommended acceptance of the bid of Baytown Communications, Inc. for the amount of $3,971.48. Councilman Simmons moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2943 AN ORDINANCE ACCEPTING THE BID OF BAYTOWN COMMUNICATIONS, INC., FOR THE PURCHASE AND INSTALLATION OF A RADIO TOWER AND AUTHO- RIZING THE PAYMENT BY THE CITY OF THE SUM OF THREE THOUSAND NINE HUNDRED SEVENTY -ONE AND 48/100 ($3,971.48) DOLLARS. Ordinance - Awarding Contract for Insulation of Municipal Service Center Roof Two bids were received for insulation of Municipal Service Center roof as follows: Ego Resources $4,555.00 Impro, Inc. $4,929.00 The budget includes $3,000 for this work and due to underruns on other capital outlay, there is sufficient funds to cover this purchase. The Administration recommended awarding the bid to the low bidder, Ego Resources. Councilman Philips moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None 00724 -9 Minutes of the Regular Meeting - July 24, 1980 ORDINANCE NO. 2944 AN ORDINANCE AWARDING THE CONTRACT FOR THE INSULATION OF THE MUNICIPAL SERVICE CENTER ROOF TO EGO RESOURCES CORPORATION FOR THE SUM OF FOUR THOUSAND FIVE HUNDRED FIFTY -FIVE AND N01100 ($4,555.00) DOLLARS. Ordinance - Authorizing the Abandonment of a Public Drive Easement and Accepting the Dedication of a Utility Easement in Colony Madrid Subdivision North of Barcelona Circle Council had been given copies of a letter from Aylor- Horace- field, Inc. requesting the abandonment of a public drive easement and rededication of the public drive easement as a utility easement. Randy Strong, City Attorney, explained that in the original plat of Colony Madrid a public drive easement was provided because the plans were to construct townhomes, but the developer has replatted and is constructing homes on Lots 1 - 3 and 32 - 38 in Colony Madrid; therefore, the public drive to the rear of the property is no longer necessary and some of the property owners would like to install fences on both rear and side property lines. The Administration is recommending the abandonment of the public drive easement with rededication of an underground utility easement for utilities and drainage, and payment to the City for the difference in value of the two easements. The tax department has appraised the difference in value to be $860. Councilman Philips moved for adoption.of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2945 AN ORDINANCE DISCONTINUING, ABANDONING FOR PUBLIC USE AND CLOSING A PUBLIC DRIVE EASEMENT IN THE COLONY MADRID SUBDIVISION IN THE CITY OF BAYTOWN; AUTHORIZING QUITCLAIMING ALL INTEREST OF THE CITY OF BAYTOWN AND THE PUBLIC IN AND TO SUCH PUBLIC DRIVE EASE- MENT; AND DIRECTING THAT THE COUNTY CLERK OF HARRIS COUNTY, TEXAS, SO INDICATE ON THE RECORDED PLAT OF SAID SUBDIVISION. Resolution No. 743 - Transferring Funds From General Fund Contingency Account to Street Lighting Account in Planning and Traffic Budget At the time the budget was approved last year, the Adminis- tration, nor Houston Lighting and Power could determine what the charge would be for street lighting. After the budget was adopted, the Public Utilities Commission acted and the projected overrun, $86,120.07, is a result of that ruling. The proposed resolution authorizes the transfer of those funds from General Fund Contin- gency. The Administration recommended approval of the resolution. For many years, street lighting was subsidized, but the PUC has taken the position that each class of service should be treated separately. Mayor Hutto pointed out that no costs decreased as a result of street lighting being treated as a separate class. Due to the cost of street lighting, many cities are turning off some street lights. Mayor Hutto inquired as to the actual value of street light- 00724 -10 Minutes of the Regular Meeting - July 24, 1980 ing? Mr. Lanham responded that people in neighborhoods want the street lights. Also, the lights do help to prevent traffic accidents. Mr. Lanham mentioned that $1,200,000 of the current fiscal budget is for energy which is a significant part of the budget. Councilman Philips moved for adoption of the resolution; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None RESOLUTION NO. 743 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER EIGHTY -SIX THOUSAND SIX HUNDRED TWENTY AND 07/100 ($86,620.07) DOLLARS FROM BUDGET ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO PLANNING ACCOUNT NO. 0108 -06 -1101, "STREET LIGHTING." Discuss Proposed Ordinance Regulating Certain Types of Noise According to Council direction, the Administration has been reviewing various noise control requirements in an effort to develop a proposed ordinance draft for Council review. The draft ordinance which has been developed is not in final form because there are so many different possibilities to be considered. Under definitions, reference is made to "A" weighting scale. That is a scale which matches most closely that of the human ear. Most jurisdictions which have noise ordinances use the "A" weighting scale. Definition for sound level is the sound emanating from any source or combination of sources as measured with a sound level meter meeting or exceeding the specifications of the American National Standards Institute 51.4 -1971, for Type II sound level meters. These standards are the accepted standards of this area. Section 2 of the draft prohibits excessive sound by pro- viding "It shall be an offense for any person, firm, or corpora- tion to cause or permit the production of sound in such a manner as to result in a sound level of more than dba's on any property that said person, firm or corporation does not own or is not entitled to use or occupy." The thought here is to restrict a person from allowing noise over a designated level to emanate from their property and affect someone else. The sound level is left blank for Council consideration. Council may want to set one level or different levels for different periods. Also, Section 2 provides how sound level shall be measured. Section 3 provides for special permits to allow additional time for compliance to ordinance standards and for temporary situations that may come about after adoption of a noise control ordinance. Section 4 provides certain exemptions and Section 5 provides penalty. Dan Savage, Assistant City Manager, stated that conversa- tional speech is typically a dba rating of 60; a ringing alarm clock at a 2 foot distance has a dba of 80. Hearing damage occurs at about 85 over a prolonged period. Therefore, in terms of setting a standard, there are levels that have been estab- lished by scientific research that can be utilized in a noise control ordinance. In reviewing ordinances from other cities, many cities have zoning which enables those cities to establish different sound levels for different land use categories. In a residential neighborhood, the level is relatively low - -50 - 60 range; busi- 00724 -11 Minutes of the Regular Meeting - July 24, 1980 ness /commercial area - -60 - 70 range, and industrial a slightly higher rating. However, since Baytown does not have zoning, probably one standard would need to.be established City -wide. Another item to consider which is not addressed in the draft ordinance is enforcement. There would need to be some department of the City charged with enforcement, plus equipment purchase would be necessary. It would be possible to obtain from EPA on loan the use of equipment on a trial basis which may be to the City's advantage to gauge what kind of noise is being experienced in the City prior to establishing noise standards. Councilman Philips stated that he would be interested in establishing a standard that would clearly be a nuisance, that is from 90 to 125 decibles. Mr. Savage mentioned that the City does have some ordinances on the books that cover situations such as barking dogs, defec- tive mufflers, sound trucks, etc. This particular ordinance would not supercede all those ordinances, but would be used in conjunction with other ordinances. Mayor Hutto stated that the only problem he would have with a noise ordinance would be to establish the level high enough so there would be no dispute that a noise nuisance existed; Council- man Philips concurred. Mayor Hutto suggested that the City borrow the equipment available for loan through the EPA to determine what noise levels are prevalent in Baytown. Mr. Lanham stated that that would be beneficial since most of the cities that have adopted noise control ordinances are also zoned. The average level for residential areas is 56.75, for business and commercial, 63.32, and for industrial, 67.54. Council concurred that these levels seem to be rather low. Councilman Philips pointed out that he would be interested mainly in noises of prolonged duration. Councilwoman Wilbanks stated that Council would need to be certain that the ordinance did not become too complex because it would not serve a practical purpose. Also, Council would need to decide if this is something to address as a City or if there is a grievance that citizens would handle that directly through the courts. Mr. Lanham stated that in a model noise control ordinance published by EPA, there is a provision by which one citizen can sue another. Councilman Philips stated that his feeling is that it would be good to have a noise control ordinance, but it is not essen- tial and asked if Council would like to pursue the ordinance. Mayor Hutto stated that he knew of the two problems that Councilman Philips had mentioned, but both problems had been eliminated. Also, he felt that such an ordinance had some characteristics of zoning. Councilwoman Wilbanks felt that since the equipment was available, the City could use the equipment to determine if there is a problem and go from there; Council concurred. 00724 -12 Minutes of the Regular Meeting - July 24, 1980 Consider Authorization for City Attorney to File Intervention Before Public Utilities Commission Regarding Houston Lighting & Power Company's Rate Request At the last meeting, the City Attorney had informed Council that an intervention had been filed in the HL&P rate case before the PUC. Council may take formal action approving intervention or may instruct the Administration to withdraw and proceed no further. Notice was received today that the hearings' examiner did allow the City to intervene and grouped Baytown with Houston and several other cities. The hearing before PUC on the rural rate case is scheduled for September 15. The City of Houston has retained Touche, Ross as rate consultants, and Baytown will be serving as Houston's witness in the proceedings. In the past, Baytown has been in a supportive role with the City of Houston and other cities. Rates are being established on an area -wide basis; therefore, to be effective Baytown would need to be sup- portive of other cities. Historically, what has transpired is that the basic rate design issues are decided in the rural rate case. For cities to have any effective input in the rate design is to participate in the rural rate case. Councilman Philips stated what is really at stake is the citizens of Baytown's cost for electricity. Councilman Philips inquired if there would be anyway to exert pressure at the state level to reduce the tax burden of HL&P. Mayor Hutto responded that that is a good point, but he is unaware of any tax relief that has been passed on to the consumer. Councilman Philips moved to authorize the City Attorney to file intervention before Public Utilities Commission regarding Houston Lighting & Power Company's rate request. Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None Mayor Hutto recessed the meeting into executive session to discuss personnel matters. Prior to leaving the Council table for the executive ses- sion, Councilwoman Wilbanks read a poem written by Carla Start which was addressed to the Council making a plea for the repair of Weaver Street. When the open meeting reconvened, Councilman Philips moved that the following appointments to the Mechanical Board be made: E. L. "Buddy" Dean, Registered Professional Engineer J. W. Ainsworth, Licensed Air Conditioning Contractor Peter Currie, Citizen not in Building Industry Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None Mayor Hutto requested on behalf of Councilman Johnson that an item be placed on the next Council agenda regarding regulation of speed and times for school zones. There being no further business to be transacted, the meeting was adjourned. Ei -leen P. Hall,' City Clerk Attachment "A" Recognizing the need to develop an effective storm water management pro- gram due to rapid growth into the watersheds, the Baytown City Council estab- lished the Baytown Drainage Study Committee to determine the need for and ways and means of providing adequate drainage of storm waters in the City of Baytown. The Committee was comprised of members of the community representing different concerned groups, bringing a broad background of skills to confront the task: Delmas A. Smith - Chairman, Citizens Representative Dennis L. Caputo - Civic Associations Representative Mary Elizabeth Wilbanks - City Council Representative Norman Dykes. - City Engineer /Director of Public Works Randall Strong - City Attorney David Cox - Realtor Representative Perry Walker - Planning Commission Representative The Committee sought input from its members and such sources as: Harris County Flood Control District Storm water management programs from other Texas cities The community at large Developers, both large and small Legal review of local jurisdiction and authority Previous drainage studies Publications from the Flood Problem Conference sponsored by the Engineers Council of Houston 1 The basis under which the Committee worked was the belief that our com- munity could continue to grow while protecting the established neighborhoods. 1. The Committee wanted to permit developers to utilize the most innovative and cost effective means of protecting the community. 2. While the Committee recognized.the potential impact of tidal flooding, it chose to direct its efforts to preventing additional rainwater runoff (storm water) due to continued growth within the watersheds. 3. The Committee approach was to address the long range impact of the City's rapid growth, not to make recommendations as to spe- cific localized flooding problems, because the City of Baytown and the Harris County Flood Control District have activd programs underway in these areas. Considering both the present condition and additional development within the watersheds, the Committee recommends that City Council adopt the follow- ing goal: The City of Baytown should endeavor to protect the existing and future neighborhoods by requiring that any major development or ex- pansion, such as residential, governmental, industrial, or commer- cial, throughout the City and its Extra Territorial Jurisdiction (ETJ) be designed and built in a manner to ensure that the water level in the creeks and bayous does not increase beyond levels cur- rently associated with a 100 year rainfall event. This' goal is consistent with current Harris County Flood Control District objectives. 2 To aid in achieving the desired protection within the City and its ETJ, the following steps are recommended: 1. Develop guidelines, concerning drainage requirements, to aid developers 2. Review and consider adopting the Harris County Flood Control Plan for this area and provide funds for additional study as may be- necessary to define in detail the drainage requirements necessary to achieve the previously stated goal 3. Define a major residential development as anything larger than the current City ordinance's definition of a small residential development 4._ Define a major nonresidential development as one where more than one acre of land is to be paved and/or roofed over 5. Require a drainage plan be submitted to the City and approved prior to providing city services to any major development 6. Require that drainage plans for all major developments be sub- mitted to the Harris County Flood Control District for approval in addition to being submitted to the City 7. Require inspection of all developments to ensure that they are being constructed in a manner consistent with the approved drain- age plans 3 8. Permit open ditch drainage where appropriate and necessary to develop and properly drain a development 9. Develop guidelines for construction, such as: a. Require that all new slabs be a minimum height above either the top of the curb or crown of the road and the natural ground b. Require that each new lot be inspected to ensure adequate drainage of that individual lot 10. Establish a systematic inspection and maintenance program for all flood water facilities. Finally, efforts must be made to educate the public regarding their re- sponsibilities and improve the general understanding of storm water drainage systems. The types of items that need to be included in any educational pro- gram are as follows: 1. Explain the design of the storm water system as it relates to street flooding 2. Explain the effect of high tides on storm water drainage facilities 3. Inform the public of the consequences of putting trash in storm drains and the probable effects on flooding 4. Emphasize the current ordinance addressing the public responsi- bility of keeping trash out of the storm drains to help minimize neighborhood flooding 5. Publish a pamphlet for distribution at civic or garden associa- tion meetings or at service club talks 6. Solicit the help of the news media in educating the public The Committee recognizes that some of these recommendations, if adopted, may place demands upon the City for more manpower and equipment which could require additional tax and /or bond funds. They could also increase the costs of new developments to some extent. These factors have been considered in developing these recommendations. Throughout the study, the Committee has attempted to develop recozm!endations.that minimize any increased financial burden. In balance, the Committee feels the degree of protection represented by these recommendations is commensurate with the costs to the community and to developers. De nis L. Caputo / Norman Dykes David Cox Respectfully submitted, be mas A. Smith, Chairman Diary Elizabeth Wilbanks Randall Strong Perry Walker SUGGESTED AREAS FOR FUTURE CONSIDERATION The development of "Drainage Control Districts" where the cost is shared by several developers and appropriate governmental entities. Install new channels to carry and /or divert water flow from flood prone areas. Establish flood retention areas in the flood plain along creeks and bayous which might be used for recreational purposes. Build dikes or levees along flood prone creeks or bayous. Establish tax incentives for developers who install drainage control systems. Seek matching funds from State, Federal, or Flood Control District to assist City. Condemn certain properties which are obstructing natural drainage and restore natural drainage. Seek cooperation from neighboring counties. 6