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1981 07 23 CC Minutes10723 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 23, 1981 The City Council of the City of Baytown, Texas, met in regular session on Thursday, July 23, 1981, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the fol- lowing attendance: Fred T. Philips Councilman Jimmy Johnson Councilman Perry Simmons Councilman Mary E. Wilbanks Councilman Roy Fuller Councilman Allen Cannon Councilman Emmett 0. Hutto Mayor Fritz Lanham City Manager Randy Strong City Attorney Eileen P. Hall City Clerk The meeting was called to order with a quorum present and the invocation was offered by Councilwoman Wilbanks. Minutes Councilman Johnson moved for approval of the minutes for the meeting held July 9, 1981; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Receive Petitions None. City Manager's Report Senior Citizens Taxicab Program - Council had been furnished with a memorandum regarding the senior citizens taxicab program. During the month of June, 1166 rides were taken at an average cost of $2.67 with the average trip length being 1.9 miles. This continues to be a successful program. Councilwoman Wilbanks commented that she had been informed by a Councilman from Dayton recently that this same taxicab program for senior citizens had been initiated with the same favorable results. Rollingbrook Drive Adjacent to Garth Road - Council had been provided with a copy of a letter from Johnnie Busch regarding paving of Rollingbrook adjacent to Garth Road. Plans for this project have been submitted to the City of Baytown Engineering Department and have been reviewed and returned. Therefore, the engineers are planning to receive bids shortly and work should begin in the near future. 10723 -2 Minutes of the Regular Meeting - July 23, 1981 Houston Lighting and Power Company - For August, Houston Lighting and Power Company is indicating a reduction due to decrease in fuel cost. For a user of 2,000 KWH in August, the monthly statement will be $134.31 versus $142.41 for July. In response to an inquiry from Council, Mr. Jim Schaefer, District Manager with Houston Lighting and Power Company, explained that fuel costs of gasoline have softened somewhat, but in the area of fuel oil this is not the case. In many states where coal is plentiful, severance tax has been initiated which makes this an expensive source of energy. Improvement in vicinity of North Main and Cedar Bayou Lynchburg Road - The Administration has been in contact with the County regarding the possible realignment of North Main at Cedar Bayou Lynchburg as part of the North Main project. However, the county is unable to expend present bond funds for the purchase of right of way for the realignment of Cedar Bayou Lynchburg Road. The county has suggested, however, that the City of Baytown acquire the necessary right of way and the county perform the necessary work of realignment. Mr. Lanham mentioned that there is a building on this property which is not occupied at the present time. The city has no funds earmarked for purchase of right of way and the Administration requested guidance from Council on whether to proceed. Norman Dykes, Director of Public Works /City Engineer, stated that the property in question is a triangular parcel that would vary from zero to 150 feet in width at the greatest point. The property is the old Longhorn Saloon. Mr. Lanham inquired if Council would like the Administration to put an item on the next agenda in this regard. He felt that this is something that should be considered before a new building is erected at that site. Councilman Philips stated that it would be helpful if the engineers could provide Council with a small map of the proposed acquisition. Mr. Lanham stated an item in this regard will be placed on the next agenda. Councilman Cannon requested that the Administration get an informal appraisal performed so that Council would have an idea of the costs. Proposed legislation affecting taxes paid by banks - The Administration received correspondence from Texas Municipal League requesting guidance with regard to proposed legislation which will affect taxes paid by banks. This information was not received in a timely manner so that an item could be included on the agenda. Randy Strong, City Attorney, mentioned that several months ago, Council had discussed HB 955 which basically would have eliminated taxation of bank stock by the cities and replaced that with a sales tax. If this would have prevailed, it would have caused a reduction in the amount of monies that cities would receive. At that time, a lawsuit was in progress in the City of Dallas. Since that time, the lawsuit has been tried and the cities have won. Since the Court of Appeals has upheld the lower court's decision in this matter, it is reasonable to assume that the Supreme Court will also uphold that decision. 10723 -3 Minutes of the Regular Meeting - July 23, 1981 This same bill or a close variation thereof is now before the special session which basically would work on the same concept that the cities' abilities to tax bank stock would be repealed and replaced with a type of sales tax which would greatly reduce cities' revenues. The 1979 revenue from bank taxes in Baytown was just over $77,000. Under the proposed bill, the city's revenue would be about $23,000 for a reduction of approximately $54,000 in tax monies. What the Texas Municipal League is requesting is that the cities express their feelings about the proposed leg - islation. The League will represent the cities before the legislature. Several Council members indicated that not enough information was available for Council to make a determination. No action was taken. Baytown Housing Authority - Council had been provided with a copy of the letter from Congressman Jack Fields regarding recent resolutions of Council. Street Light Plan - A copy of the memorandum setting forth recommended street light layout for the Wooster Area, as well as Busch Terrace, Rio Vista, Central Heights, Airhart Addition and Pecan Manor Street was provided to Council. 1981 Street Improvement Program - The contractor has completed the curbs and gutter on Indiana and Fayle. Drainage - Massey Tompkins Road between McKinney and Crosby Cedar Bayou is 95% complete. The work being per- formed in the vicinity of Goose Creek Drive is approximately 40% complete. Harris County Flood Control District - The flood control district is currently performing work on the ditch in the Kings Bend area. A concrete channel is being in- stalled. A maintenance crew has begun clearing the drainage ditch east of Danubina near Fayle. There have been flooding problems on East Fayle near Danubina for a number of years. Fire destroyed brush truck - The city has three brush trucks to keep up with picking up tree limbs and brush. Last week one of these trucks burned due to the hydraulic fluid seeping onto the muffler. The truck was a total loss. The man who was working on the truck had to jump from the truck to avoid serious injury. The Administration is checking to determine what insurance coverage is listed. In the next several weeks, the city may be behind on brush collection. Overtime can be arranged if necessary. 1981 Street Improvement Program - Councilman Philips stated that he has had 2 -3 calls regarding the paving con- tractor. Certain projects are begun and left in a state of incompletion for long periods. Councilman Philips stated that if this contractor has been overloaded with all the extra work, he would like to propose that this contractor complete the assigned work before any other work is added. Mr. Lanham stated that the staff would be in contact with the contractor in this regard. 10723 -4 Minutes of the Regular Meeting - July 23, 1981 Councilman Philips commented further that when the contractor begins work on a street and blocks that street off, he should be prepared to complete that work. Discuss Sale of Bonds A proposed schedule for the sale of bonds had been provided to Council by Underwood, Neuhaus which was based on the priority list approved by City Council at its last regular meeting. During the first year, Council approved a total of $5,603,000. In the schedule the amount has been rounded to $5,600,000. Tom Masterson with the firm of Underwood, Neuhaus was present to discuss the bond market with Council. Mr. Master- son stated that if the city were to sell this $5,600,000 in bonds today, the bonds would be sold at an interest rate of approximately 10.5 %. However, by the time bonds are actually sold the interest rate could fluctuate by 2 %, that is either up or down. The financial advisors are anticipating a September sale. There will be no problem to sell the bonds. The point is that the bonds may sell for as much as 12% interest. In response to an inquiry from Council, Mr. Masterson explained that the situation with schools in the state is somewhat different than with cities. Schools, if their bond elections were held prior to April, 1980, are still bound by the 10% usery limit which was in existence at that time. Therefore, the alternative would be to re -vote the issue. Councilman Philips pointed out that the interest rate on the bonds is only a part of the total picture. He mentioned that the cost of inflation is 1% per month which means it would be best to sell the bonds and get the work in place. If so, the city will accomplish the work loo per month cheaper than waiting for a market that could possibly be more favorable. Councilman Philips stated the need for the facilities has already been established; therefore, he would favor proceeding with all deliberate speed. He moved to work toward a September bond sale; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Mr. Lanham inquired if the schedule that had been forwarded to Council with the agenda packet was satisfactory. Mr. Masterson mentioned that when the financial advisors had began planning, they had anticipated marketing the first bond issue for the amount of $8,000,000. The $5,600,000 is a reduction in the size of the issue, but the financial advisors had also anticipated a final maturity of. the year 2,000. This schedule anticipates the year 1996 final maturity. Subsequent sales should reflect longer maturity. Mr. Masterson stated that one rule of thumb that makes good sense is during periods of high- interest rates to sell bonds over the shortest possible time span and during periods of low - interest rates to sell longer termed bonds. 10723 -5 Minutes of the Regular Meeting - July 23, 1981 Council had been furnished with a revised 1981 Capital Improvements Program Summary which reflected changes pro- posed by Council at the last meeting. A copy of that schedule is attached to the minutes as Attachment "A." Claire Sinclair Will Appear Ms. Claire Sinclair appeared as representative of First American Bank in a proposal to purchase a portion of land owned by the city which is adjacent to bank property. The bank in its proposal stated that in order for the bank to remain a viable public service company at its present location, it would be necessary for the bank to expand its service facilities. In order for the bank to do this, the bank would need to purchase a portion of city -owned property adjacent to the bank property -- approximately 38,000 square feet. The proposed acquisition would allow the bank to properly handle traffic flow through the drive -ins without disruption of the traffic on city streets. The Board of Directors of the bank authorized the purchase of the prop- erty at fair market value. The bank would allow the property to be used as presently being used until it became necessary to construct additional facilities. After development of the facility, any remaining land may be continued to be used by the city. In response to an inquiry from Council, Ms. Sinclair stated that the bank had no plans to remove the oak trees and that the property fronting on Decker would remain in a grassy area as it is now. Mayor Hutto explained that the city purchased the land from the bank several years ago in order to protect the area and to keep undesirable businesses from being constructed there. Mr. Lanham explained that the thought was that the city would need the property in the future for the library. There are times when the library parking lot is full now. If the library building should need expansion toward the front, there would be available land to do so. Ms. Sinclair stated that there would be enough land to expand the parking. There is 54 feet that the bank is not requesting to purchase. This land would be adjacent to the present parking area. Ms. Sinclair indicated that the library could always utilize the bank's parking area. She also mentioned that the bank owned some property east of Pruett Construction that is located across from the library and the bank would be happy to discuss possibilities for that property. Councilman Philips inquired since the bank owns property to the east of Pruett Construction, perhaps the bank would be interested in trading. Ms. Sinclair responded that she was certain the bank would be willing to discuss this possibility. In response to an inquiry from Mr. Lanham regarding elevation, Ms. Sinclair stated that she was unaware whether this area is extremely low. 10723 -6 Minutes of the Regular Meeting - July 23, 1981 Councilman Cannon pointed out that the library patrons would then have Texas Avenue to cross which would not be the most desirable situation. He also stated that he felt it would be advantageous to the city to keep the bank there, but at the same time, he felt it necessary to protect the library. Perhaps, somewhere in there, there is a solution. The City Attorney, in response to an inquiry from Council, explained that generally in the State of Texas conveyances are not made contingent to certain conditions, but this could be done. However, he had reservations about this being acceptable to the bank. Mayor Hutto stated that Council needs to be mindful that it is very important to keep the bank at that location. He stated that he would hate to think of what would happen to the library without the bank and that he for one would like to be a good neighbor. He felt the Council should do whatever possible to work with the bank. Councilman Cannon stated that he felt that the appropriate thing to do would be refer this to the library board with Council's concern, "is there a workable solution that is satisfactory to everyone ?" Councilman Philips stated that if Council elects to go that route, he would suggest that the property across the street from the library be considered in a trade. The City Attorney reminded Council that the sale of city property would need to be accomplished on a bid basis. Councilman Philips stated that if the city could trade the property, then perhaps that requirement would not enter the transaction. The City Attorney stated that he would need to check that aspect out. Mayor Hutto suggested that Council refer the proposal to the library board, along with Council's comments, with the understanding that Council reserves final action. Council expressed no objections to this suggestion. C.H.R. Burroughs Will Appear C.H.R. Burroughs who resides at concerning the crown of Lobit Street inches from the curb which he feels to drive in and out of his driveway. Council with photos of his drive, as on the street. 705 E. Lobit, appeared being approximately 14 Bakes it very difficult Mr. Burroughs presented well as various drives Mr. Burroughs also mentioned that another problem in that area is drainage. In response to an inquiry from Council, Norman Dykes, Director of Public Yorks /City Engineer, explained that Mr. Burroughs' problem concerning his driveway had been reviewed and under the present policy, there is nothing that the city can do. According to city policy, the property owner would be responsible to take corrective measures. Mr. Lanham explained that the street was rebuilt in 1973. He also mentioned that Mr. Burroughs had a rather unusual driveway. Mr. Burroughs' drive comes up from the street to the sidewalk, the sidewalk is level and then the drive goes up again to the garage. In many of the areas where NO 10723 -7 Minutes of the Regular Meeting - July 23, 1981 this problem is prevalent, the slope begins at the street gutter and slopes all the way to the garage. Mr. Burroughs stated that the city required that the drives be constructed that high. Mr. Dykes stated that .if Mr. Burroughs would reduce the slope, his vehicles would not drag. Mr. Burroughs disagreed. He stated that he had no problems until the street was raised. Mr. Lanham inquired if Mr. Burroughs had recently purchased a vehicle in the last 3 -4 years to which Mr. Burroughs responded in the affirmative. Mr. Lanham explained that this type problem is common in the Goose Creek area. Mr. Burroughs stated that a four inch crown is the most any street should have. He continued that Lobit has a 14 inch crown and inquired if there was anything that could be done? Mayor Hutto suggested that the matter be referred to the Administration to go out and examine the situation and make diagrams so that Council can better visualize the problem. Council had no objections. Consider Proposed Ordinance, Setting Public Hearing on Proposed Annexation North of Massey Tompkins Road The Administration changed the area Council's directive at the last meeting. warded to Council depicting the proposed proposed ordinance merely provides for a The property description provided can be hearing. The Administration recommended be adopted with the public hearing to be 7:00 p.m. to correspond to A map was for - annexation. The public hearing. altered at the that the ordinance held August 13 at Councilwoman Wilbanks moved for the adoption of the ordinance; Councilman Philips seconded the motion. Councilman Fuller inquired if the acreage that is considered to be agricultural is sizable? Mr. Lanham responded that the Administration did not have that in- formation readily available, but would have that data at the hearing. In response to Council, Mr. Lanham stated that the inhabited area is mostly along Raccoon and Hardin Roads. There has been no petition for annexation. What motivated this to some degree was that city utilities have been available to the area. In fact, Hardin Road has had city water for several years. Councilman Johnson commented that it bothered him to annex property that is uninhabited. It appeared to him that to annex uninhabited property would only damage people with taxes. He stated that he would be more concerned with that than whether the city limits are squared. He stated that he would be opposed to this annexation other than to the Hardin Road area with inhabitants who are on septic tanks. He felt it to be unrealistic to tax vacant property. 10723 -8 Minutes of the Regular Meeting - July 23, 1981 Mayor Hutto requested that the Administration prepare a map depicting what was originally recommended compared to what is now being considered. Mr. Lanham reminded Council that by adoption of the ordinance, Council would be calling a public hearing and at that hearing, Council could reduce the area to be annexed. Council could not increase the area, but it could reduce the area. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3198 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION NORTH OF MASSEY TOMPKINS ROAD, AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE EFFEC- TIVE DATE HEREOF. Consider Proposed Ordinance, Second and Final Reading on Annexation of Tierra Del Oro, Section Nos. 2 and 3 Mr. Lanham explained that adoption of the ordinance on second and final reading would complete the annexation process. The Administration recommended approval of the ordinance. Councilman Philips moved for adoption of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons. Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3170 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF TIERRA DEL ORO, SECTIONS 2 AND 3 SUBDIVISIONS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance, Placing Newly Annexed Territory in Council District No. 4 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, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None 10723 -9 Minutes of the Regular Meeting - July 23, 1981 ORDINANCE NO. 3199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ADDING CERTAIN PROPERTY TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Second and Final Reading on Annexation of Raven Way and Adjacent Parcel This property is located just east of Chaparral Village. Adoption of the ordinance on second and final reading will complete the annexation process. The Administration rec- ommended 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, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3171 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF RAVEN WAY SUBDIVISION, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance, Placing Newly Annexed Territory in Council District No. 5 The Administration recommended approval of the ordi- nance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3200 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ADDING CERTAIN PROPERTY TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 10723 -10 Minutes of the Regular Meeting - July 23, 1981 Consider Proposed Ordinance, Suspending the Proposed Rate Increase of Houston Lighting and Power Comba.nv The City Attorney explained that Houston Lighting and Power Company filed a new rate filing package with the City Clerk on July 6 with a proposal that the new rates become effective on August 10, 1981. As provided in the Public Utilities Regulatory Act, City Council has the regulatory authority and can suspend the effective date of these rates for 120 days in order to have ample opportunity to evaluate the rates and conduct whatever hearings Council deems necessary. The City Attorney stated that the rate filing packet was quite lengthy and that it would require considerable study. He stated that possibly Council would want to hire a rate consultant. In the last three rate filings, Council has elected to suspend the rates. If Council adopts the proposed ordinance, rates will be suspended until December 8. At that time, Council would have the opportunity to suspend said rates for an additional 30 days, if necessary. By that time the hearing before the PUC on the rural or unincorporated area rates will have been held and the city will probably have a decision from the hearings examiner, in the event Council would want to consider the PUC action in making a decision. The Administration recommended approval of the proposed ordinance. Councilman Simmons moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3201 AN ORDINANCE SUSPENDING HOUSTON LIGHTING & POWER COMPANY'S PROPOSED INCREASE IN RATES FOR 120 DAYS AND MAKING CERTAIN FINDINGS AND PROVISIONS. Consider City of Baytown's Intervention in Houston Lighting and Power Company's Rural Rate Case Before Public Utilities Commission In order to meet the time deadlines in the Houston Lighting and Power rate case, the City Attorney filed a motion to intervene in the rural rate case. At that time the City of Houston had not made a decision on whether or not to participate, but since then has determined not to intervene. Baytown has the following options: 1. Participate as an intervenor before the PUC in which case the City of Baytown would need to hire rate consultants or alternatively, the city could elect not to put on a direct case and simply cross examine HL&P witnesses. In that event, the city would be depending on the PUC staff to submit alternate proposals. 2. Withdraw as intervenor and not participate in the rural rate case. Part of Council's decision on the rural rate case may be determinative on what Council desires to do on the municipal 10723 -11 Minutes of the Regular Meeting - July 23, 1981 rate case. Council has the alternative of not doing any- thing and allowing the rates to become effective or voting in the rates. Council could elect to conduct a hearing before the City Council as the City of Houston has elected to do, thereby setting Baytown's rates and allowing the company to appeal that decision to PUC. The City Attorney has been in contact with members of the legal staff of the City of Houston and the City of Houston may be interested in some type of joint hearing between the City of Houston and the City of Baytown on the rate cases. If this could be logistically worked out, this would be a viable alternative toward sharing in costs. In response to an inquiry from Council, the City Attorney stated that ultimately both cities would be under the same rate structure which produces another alternative. That alternative is to do nothing and let Houston fight the battle because realistically any change in the rates that the City of Houston might work, the Commission will make it apply to all rate payers within the HUP service area. Mr. Lanham pointed out that if Council determines to continue with the rural rate case, Baytown could very well be the only city participating. From past experience, the cities of Baytown and Houston have been the only ones participating. Therefore, Mr. Lanham stated that he felt that the City of Baytown should attempt to work out some type cooperative agreement with the City of Houston because even though each Council will be acting individually, as a practical matter, the rate will be areawide. Therefore, it would be to the City of Baytown's advantage to cooperate with Houston. Councilman Philips moved to authorize the legal staff to withdraw from the rural rate intervention and that the City of Houston be contacted regarding participation in their rate case. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Wilbanks, Fuller Mayor Hutto Nays: None Philips, Johnson, Simmons, and Cannon Consider Proposed Ordinance, Authorizing Final Payment for 1979 -80 Community Development Program - Cherry and Pine Streets The 1979 -80 Community Development Program - Cherry and Pine Streets has been completed by Angel Equipment Company. The City of Baytown's Engineering Department has inspected the work to find that the work has been completed in accor- dance with the plans and specifications. The original contract amount was $334,018.50 with one change order being approved by City Council for the amount of $9,639.50. There was an overrun on the contract of $30,602.91 which most of that was additional driveway work. Councilman Philips expressed concern that an overrun of this magnitude was not mentioned to Council earlier. He felt that this was an extra - ordinary amount to be added to a contract. Mr. Lanham responded that the amount represented 8.7%. Councilman Philips stated that if the city were to 10723 -12 Minutes of the Regular Meeting - July 23, 1981 run 8.7% over on each of the contracts to be performed under the bond program, that could amount to approximately $2,000,000. He emphasized that he was more concerned with the fiscal control of money rather than the size of the overrun. Mayor Hutto commented that if the city had rebid the driveway, the bids would have been much higher. He also mentioned that the contractor really went out of his way to please the citizens on this job and did an excellent job in the process. Apparently there was simply more work involved than the city staff had originally estimated. Councilman Fuller stated that he understood Councilman Philips's concern and inquired if there is a policy which would limit the increase overall of a contract? Councilwoman Wilbanks reminded Council that this same type discussion was carried on concerning rehabilitation of houses under the Community Development Program and Council had changed the authorization from 25% to 10 %, but it applied to only that one ordinance. Mr. Lanham stated that in many cases not to have some flexibility means that a job must be halted and a special session of Council is required. Councilman Philips responded that Council could always have an emergency session if necessary. Norman Dykes, in response to comments from individuals in the audience, explained that under the Community Development Program everyone whether they had a driveway to begin with or not received a driveway. Many houses had no driveways at all. The people parked in front of their homes, alongside their homes or up in the yard. At each home where there was room to pull a car in off the street, a driveway was installed. Some homes were missed, the engineering department received calls and those driveways were installed. In many instances the homes did not have driveways originally but the people requested that drives be poured in front of the house or anywhere that the city could pour enough concrete for a place to park the car other than on the street. The city attempted to furnish all homes with a driveway, thus the overrun. Some of the homes still do not have drives but that is only because there is physically not enough space to park a car. Mr. Dykes mentioned that as late as last week driveways were being installed. Councilman Philips mentioned that he remembered reviewing the plans and the best he could tell the plans were very complete. Mr. Dykes stated that at the time the plans were drawn, the staff felt that there was not enough room for a driveway at some homes and therefore, did not plan for one. However, after the project got underway, the people who reside in the area requested driveways in places that one usually would not anticipate a drive. Councilman Philips stated that he would like for the Administration to give an interim report on a development of this nature. Mr. Lanham explained that on overrun sometimes it is difficult to know what that will be until a contract has been completed. On change orders that is not a problem because that is an addition to the contract which is worked between the city and the contractor. Council authorizes all change orders. 10723 -13 Minutes of the Regular Meeting - July 23, 1981 Mayor Hutto stated that Council always has the option of limiting contracts by a percentage amount. Councilman Philips concurred and stated that some communication to Council would have helped greatly. Councilman Johnson moved for adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3202 AN ORDINANCE APPROVING AND ACCEPTING THE 1979 -1980 COMMUNITY DEVELOPMENT PROGRAM- STREET AND DRAINAGE IMPROVEMENT TO CHERRY AND PINE STREETS; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT: ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE: AUTHO- RIZING THE FINAL PAYMENT TO THE SAID ANGELS EQUIPMENT CO. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Authorizing Industrial District Agreement with Helmerich and Payne, Inc. Two of the industrial district contracts expired in 1981 - -Exxon and Helmerich and Payne. The proposed contract is exactly like the Exxon contract and it is acceptable to the officials of Helmerich and Payne. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordi- nance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3203 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH HELMERICH AND PAYNE, INC.; PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Appraisal for Bayway Drive /Baker Road Drainage Ditch This matter will be discussed in executive session. Consider Proposed Resolution No. 782, Supporing Liberty County's Protest of the Proposed Chemical Waste Dump Site in Liberty County The Administration was instructed at the last Council meeting to prepare the proposed resolution. The Baytown Area Water Authority Board adopted a similar resolution at its meeting last week. The Administration recommended approval of the resolution. 10723 -14 Minutes of the Regular Meeting.- July 23, 1981 Councilman Johnson moved for adoption of the resolution. Councilman Philips seconded the motion. Councilman Fuller inquired if this resolution is based on emotion of others or is there factual data that this is a hazard to Baytown watersheds? Councilman Simmons stated that he had spoken to the Liberty County Judge this morning concerning this matter. A delegation from Liberty appeared before the City Council of Houston, as well as Commissioners Court. The group showed aerial views and documented the dangers to the City of Houston water supply and indicated that some of this runoff could flow into Cedar Bayou and affect the Baytown area. The Liberty County Judge expressed his appreciation for Baytown's unsolicited support. Councilman Cannon stated that the City of Houston has expressed support of Liberty County's opposition to this site. Councilwoman Wilbanks stated that Judge Henley, Liberty County Judge, appeared before the Houston - Galveston Area Council to appeal to all the counties and cities in the area to respond to this application. The Judge showed H -GAC members the location of the site on a map and the close proximity of runoff to various bodies of water. There was also a man present from Rollins Environmental Services who pointed out that that company had been doing business in Deer Park for 20 years with no problems. The Deer Park site is about to reach its optimum capacity which is the reason the company began to look for another site. The company has purchased the property at an approximate cost of $3,500,000; therefore, they must have fairly strong grounds for assuming that a permit will be issued. The company representative stated that the site meets all the geological requirements for the amounts of sand and clay necessary. However, the company has requested a Class "A" permit which would allow for all types of chemical wastes disposal. The company representative assured H -GAC members that certain chemicals would not be deposited at that site. Judge Henley then referred to a newspaper article in which there was discussion that a possible sales transaction is being considered where Rollins will be sold. The representative from Rollins was very evasive about the sale. Mayor Hutto pointed out that it would be possible for whoever owns this site to carry in wastes from all parts of the country. Councilwoman Wilbanks stated that apparently there are only 3 -4 sites in the entire United States that have this Class "A" permit. Mayor Hutto stated that he would not want to say that the company will not get the permit, but he definitely wanted to go on record as being opposed to it. Councilman Johnson concurred. Councilwoman Wilbanks stated that she would support the resolution, but wanted to convey to Council some of the information that had been presented before H -GAC. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None 1W 10723 -15 Minutes of the Regular Meeting - July 23, 1981 RESOLUTION NO. 782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN SUPPORTING LIBERTY COUNTY AND ITS VARIOUS MUNICIPALITIES IN THEIR OPPOSITION TO THE PLACEMENT OF A CHEMICAL WASTE DISPOSAL SITE IN THEIR COUNTY. Consider Changes in Traffic Signals at San Jacinto and Bayway, Burleson and Park and along Decker Drive Council had requested that the Administration meet with representatives of Exxon and discuss traffic signals at San Jacinto and Bayway, Burleson at Park and signals along Decker Drive. This has been done on at least three occasions. Mr. Lanham requested that the Council consider San Jacinto at Bayway and Burleson at Park separately from the Decker Drive signalization. Exxon has approximately $6,000 to improve the signalization at San Jacinto and Bayway and Burleson at Park. The $6,000 will be sufficient to purchase the controllers. In order to provide the capability to place the signals on flash for a portion of the time, timers will be necessary which cost $140 each. By the installation of new time clocks and controllers, the city could comply with the request of Exxon to place the signals on flash as follows: Monday through Friday 6:00 a.m. to 6:00 p.m. 10:30 p.m. to 11:30 p.m. Saturday and Sunday 6:30 a.m. to 7:30 p.m. 2:30 p.m. to 3 :30 p.m. 10:30 p.m. to 11:30 p.m. Councilman Fuller moved to authorize the Administration to install the necessary controllers, timers, and signal heads to allow signals located at San Jacinto and Bayway and Burleson at Park to flash at the times listed above. Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: Councilman Johnson Mr. Lanham referred to the memorandum dealing.with traffic signal proposals which explained that the Decker Drive System is marginal at best and during peak afternoon hours there is no system due to heavy volumes and low speed. If the Baytown Ofefins Plant signal is removed as authorized by the Highway Department, the platooning through the system would be lost. The alternatives that are available are: 1. Leave the system intact because what was there before did not. work; 2. Remove the signals at Decker's intersections with Shady Hill, BOP and Fairway and operate the Rollingbrook and Baker intersections independently; 10723 -16 Minutes of the Regular Meeting - July 23, 1981 3. Remove Shady Hill and BOP and leave Fairway onboard to operate with the master at Baker to platoon traffic through Baker. 4. Move the Master to Baker and flash all others between the hours of about 6:30 p.m. and 5 :30 a.m. and weekends. The Traffic Commission supports this one. 5. Leave all signals as they are - disconnect the system and have each intersection flash except during their peak hours. This would have some flashing most of the time, but the times would generally be different. Shady Hill and Fairway have morning peaks. Fairway, BOP and Rollingbrook have afternoon peaks, but Fairway's peak is a different time and does not occur when school is out. There are no flash clocks presently at any of these intersections. 6. Disconnect Baker and let it operate independently, and leave the rest of the system intact, but flash them after hours, i.e., 6:30 p.m. to 5:30 a.m. and weekends. The Administration concurred with the recommendation of the Traffic Commission, but emphasized that this recommendation is not consistent with what Exxon had requested. No money would be required to accomplish this. Councilman Cannon moved to authorize the Administration to implement Alternative No. 4; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Wilbanks, Fuller Mayor Hutto Nays: None Philips, Johnson, Simmons, and Cannon Consider Appointments to Mechanical Board These appointments will be made at the next Council meeting. Recess Mayor Hutto recessed the open meeting into executive session to discuss contemplated litigation. When the open meeting reconvened, the following business was transacted: Consider Appraisal for Bayway Drive /Baker Road Drainage Ditch Councilman Philips moved to authorize the Administration to offer to purchase 27.77 acres in the amount of $54,803 for the Bayway Drive drainage ditch. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Wilbanks, Fuller Mayor Hutto Nays: None Philips, Johnson, Simmons, and Cannon 10723 -17 Minutes of the Regular Meeting - July 23, 1981 Prior to adjournment, Councilman Cannon requested that the Administration check the signal at the intersection of Wye Drive with North Main concerning the frequency the signal changes. In response to a request from Councilman Johnson, Mr. Lanham stated that he had spoken with Norman Dykes concerning the speed bumps on Market in front of the Presbyterian Church. Mayor Hutto requested that the Director of Planning and Traffic check the time element on the left turn signal at North Main and Cedar Bayou. Adjourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk t Fire Department Public Works Dept. Parks 6 Recreation Dept. F. Y. TOTALS REVISED 7/17/81 1981 CAPITAL IITROVEMENTS PROGRAM SUMMARY 1981 -82 1982 -83 1983 -84 1984 -85 1985 -86 $ 230,000 $4,283,000 $1,090,000 $6,504,000 $ 625,000 $5,603,000 $7,129,000 •$1,950,000 $6,400,000 $ 176,000 $8,526,000 $ 794,000 $ 193,000 $ 839,000 $ 206,000 $ 987,000 $1,045,000 ATTACHMENT "A" O O a a Z H w z a w o�c A w p; .a LL. < H H r-! co ON M4 t %D co 1 Ln co O% coo 1 17 co C% CO 1 en co O` r-1 m CIO N O ON N O 1 ri O .ri T ti+ a! O rI O A O O C) N .H n N CU ?. a� 1 A b H O t~ r-i r-i aaLM m N u 1+ F a� w O O O O O O O Cl O r--1 V7 O ' O O O O O � G Aj i w 1 U O r--1 V7 N N ' r N 4j o N 11 r-I w v a 1-r w a p ci c4 Q. 14 a 41 Lq U c u A a N a N LL P+ G Aj i w 1 U w O O O O �n a� c/a O O O 00 cn O N co ' t!> r-4 N 1 a F O En H 0 O F . H w ' 1981 CAPITAL IMPROVEMENT PROGRAM REVISED 7/17/81 $ -0- $ -0- 35,000 PUBLIC WORKS DEPARTMENT 69,000 70,000 70,000 . UBJF.CT: PROJECT 1981 -82 1982 -83 1983 -84 1984 -85 1985 -86 TER: Elevated Water Tank $2,110,000 $ $ $ $ •Craigmont /Ponderosa Repair 352,000 Graywood 87,000 Knowlton, Donovan & Nolan Repair 15,000 Adams & Olive 35,000 Florida 30,000 Olive & Fayle 50,000 Holloway 28,000 Middleton Road 26,000 Barkuloo Rd. Ext. 70,000 Hardin Rd. Ext. 69,000 Eva Maud 308,000 Raccoon Extension 198,000 Lee Dr. Extension 51,000 Rollingbrook Dr. Ext. __111,000 T O.T A L $2,249,000 $ 300,000 $ 430,000 $ 26,000 $ 535,000 %'ER: W. Dist. Improv. 1,153,000 1,266,000 Cen. Dist. Improv. 138,000 185,000 547,000 E. Dist. Improv. 69,000 150,000 864,000 Sliplining 240,000 230,000 230,000 232,000 234,000 Lift Station 444,000 Line Replacements 40,000 100,000 103,000 Cen. Dist. Cathodic Protection 46,000 E. Dist. Cathodic Protection 69,000 T 0 T A L $1,600,000 $1,871,000 $2,300,000 $ 335,000 $ 234,000 %1NAGE: Adams Street Hwy 146 Extension Bayway /Baker Ditch EETS: Rollingbrook Drive Caldwell Drive Massey - Tompkins Curve Sidewalks Massey - Tompkins ROW T 0 T A L Available Street Bond Funds of $650,000 Streets Balance F.Y. TOTALS 313,000 70,000 173,000 $ 173,000 $ 383,000 750,000 3,881,000 92,000 69,000 69,000 $ 911,000 $3,950,000 - 650,000 -0- $ 261,000 $3,950,000 $4,283,000 $6,504,000 2,691,000 753,000 $3,444,000 $ -0- $ -0- 35,000 363,000 69,000 70,000 70,000 122,000 $ 226,000 $ 433,000 $ 70,000 -0- -0- -0- $ 226,000 $ 433,000 $ 70,000 $6,400,000 $ 794,000 $ 839,000 TOTAL - $18,820,000 City of Baytown Parks and Recreation.Department 1981 CAPITAL IMPROVEMENT.°, PROGRAM June 17, 1981 181 -182 182 -183 183 -'84 '84 -'85 185 -'86 I. Little League Park 260,000 II. Land Acquisition 740,000 III. Gray Sports Complex 80,000 IV. Adams Pier 10,000 1,090,000 I. Land Acquisition 530,000 II. Travis Schuol Park 450000 III. Wooster Park 501000 625,000 140,000 I. Britton Park, ' 33,000 II. Narcille Park 33,000 III. Lantern Lane Park 206,000 $2,290,000 c �� 46,000 I. Land Acquisition 98,000 II. Ashbel -Smith Park 25,000 III. Milner Park 7,000 IV. Pelly Park 176,000 140,000 I. Bayland Park • 53,000 II. Eddie Huron Park 193,000 140,000 I. Britton Park, ' 33,000 II. Narcille Park 33,000 III. Lantern Lane Park 206,000 $2,290,000 c ��