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