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1983 10 27 CC Minutes31027 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 27, 1983 The City Council of the City of Baytown, Texas, met in regular session on Thursday, October 27, 1983, at 6:30 p.m. in the Council Chambers of the Baytown City Hall with the following attendance: Fred T. Philips Jimmy Johnson Perry M. Simmons *Mary E. Wilbanks Roy L. Fuller Gerald Dickens Allen Cannon Fritz Lanham Larry Patterson Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was called to order with a quorum present. After the invocation was offered, the following business was transacted: Consider Minutes for the Regular Meeting of City Council Held on October 6, 1983 Councilman Philips moved for approval of the minutes as presented for the meeting of Council held on October 6, 1983; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Petitions No petitions were presented. City Manager's Report County Projects in Baytown Area - Commissioner Fonteno reported to the Chamber of Commerce a few days ago concerning county projects in the Baytown area. Plans for the next phase of North Main, which is the portion from Cedar Bayou Lynchburg Road to IH -10, are nearing completion, and the county expects to advertise for bids in January, 1984, After that meeting, Mr. Fonteno asked the City Manager to talk with Council con- cerning the next project that the city would like to see the county work on in the Baytown area. Several years ago, at the request of the county, City Council approved a priority list for streets and roadways in the Baytown area that Council wanted to see included in the bond program that was being voted at that time. 31027 -2 Minutes of the Regular Meeting - October 27, 1983 Two of those that were high on the priority list were Baker Road between Decker Drive and Bayway, and the other was Lynchburg Cedar Bayou Road between North Main and Garth Road. The Commissioner feels that probably money could be included in the next bond sale for one of those projects, but not both. Therefore, he wanted an indication from City Council as to which of the two Council would give top priority. The City Manager recommended that the Baker Road project be given the highest priority of the two. Baker Road is in worse condition than Lynchburg Cedar Bayou, and this is a major east /west connecting link across the city. In response to an inquiry from Council, Mr. Lanham stated that the super ditch probably would be completed prior to the beginning of work on Baker Road. Council concurred that the City Manager should notify the County Commissioner that Baytown would give the Baker Road project top priority. Federal Emergency Management Agency - The Administration had been furnished with a letter from Federal Emergency Manage- ment Agency indicating that the preliminary count of improved properties in the Brownwood Subdivision as of October 20, 1983 was 321. Improved properties indicates properties with structures on them and of those, 256 have been identified as potentially eligible under the provisions of the 1362 Program; eight have been designated as definitely ineligible. Trash Transfer Day - About Hurricane Alicia a trash transfi there are still items that need transfer day has been scheduled E. Lee High School west parking a.m. and 3:00 p.m. two months ago, right after Br day was scheduled, but since disposal, another trash for October 29 at the Robert lot between the hours of 8:00 Oil Derrick for Bayland Park - The City of Baytown has been donated an oil derrick by Gulf Oil Corporation which derrick has been delivered to Bayland Park by the company. Bobby Rountree, Director of Parks and Recreation, has dis- cussed with Brown & Root, Inc. the possibility of erecting the derrick, which Brown & Root, Inc. has volunteered to erect at no charge to the City of Baytown. The Parks Board has discussed this and the plans are for Brown and Root, Inc. to pour the foundation and erect the derrick at Bayland Park. 1983 Street Improvement Program - The contractor on the 1983 Street Improvement Program has completed overlaying Bayliss, Cedar Bayou Road, Griffin, Wheatly, Carnegie and Library Boulevard. On Dayton Street, all the curb and gutter is in place and reconstruction has begun. Nolan Road, Brown Loop and Jack Street have been completed. Councilman Philips commented that there is a very sharp poor connection between the new pavement on Nolan and the road; radius of turn out is very small and it appears that there is something that is not fully done. Therefore, he was wondering if this is the contractor's problem or did the city not specify a good radius tie in there. He asked that the connection be made so that the flow would be smooth. Mr. Lanham stated that he felt this is something that can be corrected. 31027 -3 Minutes of the Regular Meeting - October 27, 1983 On Memorial, about sixty (60 %) percent of the drainage work has been completed, and all of the drainage work on Fleetwood has been completed. The total street improvement program is about fifty -five (55 %) percent complete. Rollingbrook Drive Extension - About eighty (80 %) per- cent of the drainage system has been installed and about fifty -five (55 %) percent of the drainage ditch has been excavated. The bridge construction is underway. Cedar Bayou Crosby Road /Hardin Road Water Lines - The water line along Cedar Bayou Crosby Road has been installed and ninety -five (95 %) percent of the line along Hardin Road has been installed. Bayway Drive /Baker Road Drainage Ditch - That work has begun and the expected completion time is June, 1984. Comments /Questions from City Council Councilman Johnson mentioned that he had witnessed work on Pruett Street and inquired if this work was being performed by city crews. Presently, the city is working on the portion of Pruett that is across Spur 201 right of way; however, the portion of roadway north of that will be included as part of this year's street improvement project. In fact, the Adminis- tration is already obtaining cost estimates on leveling and overlaying that section. In response to an inquiry from Councilman Philips con- cerning the Adams Street ditch, Mr. Lanham stated that Norman Dykes, Director of Public Works /City Engineer, would have the ditch inspected and report back to Council. Councilman Philips requested that attention be given to the drainage ditches along Tri- Cities Beach Road from Texas Avenue on down to the outfall, especially near the apartment complex. Councilman Fuller mentioned that along the big curve on Baker Road right near the apartments, there are reflector posts to identify it, but these posts are all broken or bent, and perhaps with the four lanes of traffic, there is no longer a need for them. However, if there is a need for them, then the posts should be replaced. A Representative of the Ministerial Fellowship Will Appear W. Edward Thiele, Th.D., Pastor, Memorial Baptist Church, appeared on behalf of the Ministerial Fellowship to express the concern of that group that the Standard Sign Code's fee may constitute a "tax" on churches. Councilman Johnson clarified that the churches expressed no objection to a one —time fee for inspection of the sign, but expressed objection to the annual fee. 31027 -4 Minutes of the Regular Meeting - October 27, 1983 Randy Strong, City Attorney, explained that the fee is not a "tax" but a fee to cover administrative and inspection costs. All signs in the city will receive an annual inspection to assure compliance to the Standard Sign Code. Many churches have signs that are exempt under the ordinance because those signs are wall signs of less than 100 square feet and do not require a permit. The City Attorney expressed reservation about waiving the fee on signs for churches be- cause this would be giving a specific group that must comply with the ordinance favorable treatment under the ordinance. This could possibly cause the city some problems in the event of future attacks on the ordinance, and there is liti- gation on the ordinance at present which could possibly cause problems. Pasadena and San Antonio make no exemption for churches. Mesquite regulates the size of signs for churches, but exempts them from fee. Jacinto City and the City of Houston make no exceptions for churches. Missouri City has no specific exception for churches, but it does allow nonprofit civic organizations a nine square foot sign to advertise meetings and civic information. Fayetteville, Arkansas allowed no exceptions. Bellaire has an exception for church signs but only for on premise signs of less than 40 square feet. These are called institutional type signs. The City Attorney stated that he felt that there was no way to exempt churches from the ordinance because if churches were exempted completely from the ordinance, that exemption would be based on the content of the signs. That is the one thing the supreme court cases have said can't be done is to exempt out certain signs based on content. In response to the question of separation between church and state, the City Attorney pointed out that churches and even other governmental bodies have to comply with the city's building code and the difference is that annual inspection of the signs will be performed, thus constituting the necessity for the fee. If in future years, the fee is generating much more income than it takes to cover the costs, Council could always lower the fee, but that would be across the board reduction of fees. The City Attorney explained that in years to come there may be case law established which will deal with this point, but he did not feel that this would be the proper time to provide any kind of exemption from the ordinance. Councilman Philips expressed the feeling that this matter should be tabled and looked at at some future time, probably some time next year. He continued that he would like to say to the Baytown Ministerial Fellowship that Council is in sympathy with their request and that Council will do its best to accommodate this request at a future time when it will not jeopardize the legal status of the sign ordinance. Mayor Cannon pointed out that the point should be stressed that the fee is an annual service fee for the inspection services provided. 31027 -5 Minutes of the Regular Meeting - October 27, 1983 Councilman Fuller requested that a letter be forwarded to the ministerial fellowship setting forth the thoughts that Council has had on this; Council expressed no objections. Mayor Cannon inquired if anyone in the audience had a comment to make. There was no response. Mayor Cannon then stated that if Council wished to take no action on this re- quest, then this is an indication that the Administration is to enforce the ordinance. Councilman Johnson pointed out that since the churches were not objecting to the initial fee, perhaps Council would be in a position to consider this next year. Discuss Zoning Fritz Lanham, City Manager, referred to the memorandum from Bill Cornelius, Director of Planning and Traffic, re- garding zoning. A copy of that memorandum is attached to the minutes as Attachment "A." Randy Strong, City Attorney, explained that the first step, should City Council decide to adopt a zoning ordinance under the State statutes, would be to appoint a zoning com- mission. There are no guidelines as to the number of members. Statutes do allow if there is an existing Planning Commission that that body may be named to act as the zoning commission. The zoning commission would then recommend the boundaries of the various original districts and the appropriate regu- lations to be enforced in those districts. The zoning com- mission would probably hold numerous hearings; however, one public hearing is required by law in order to give citizens the opportunity to speak to the proposal that the zoning commission develops. The commission would need to develop a proposed ordinance, draw boundary lines and develop maps. The statute requires that if zoning is adopted that there be a comprehensive zoning plan and that the classifications cannot be arbitary, discriminatory or oppressive. There has to be some reason or justification behind the districts that are formed. Once the zoning commission makes a pre- liminary report and holds its public hearings on that report, that report is forwarded to City Council. After receiving this final report of the zoning commission, the City Council holds its own public hearings and takes a final vote. There is a provision in the statute that City Council, by ordinance, can determine that it will hold its public hearings jointly with the zoning commission. However, Council would still have to wait until the hearings are held and for the zoning commission to make its final report to Council before Council could make a decision as to the zoning ordinance. The Council would have to make the final decision on the zoning ordinance. Council discussed the possibility of a "blue ribbon panel" to study the various possibilities and gather input from the community. However, some of the Council felt that that panel should be charged with the development of a com- prehensive zoning plan, while others felt that the panel should only gather information from the community and report its findings to Council. The City Attorney did emphasize that in order to put zoning in place, the entire procedure which he had outlined would need to be followed. 31027 -6 Minutes of the Regular Meeting - October 27, 1983 Otis Graham, Realtor, addressed Council to express his opposition to establishment of zoning for Baytown. Mr. Graham felt that zoning would only establish more regulation and bureaucratic red tape. He emphasized that a strong subdivision ordinance and strict enforcement of deed restrictions were the answers, not zoning. Mr. Graham mentioned that many large business concerns will not locate in an area that is zoned because of the regulations. Mr. Graham ended his presentation by saying that rather than spending the time on zoning, the time should be expended toward bringing the Charter up to date and into compliance with State law. Bill Nethery, representative of the Coalition of Civic Associations in Baytown, addressed Counoil to express support for establishment of zoning. He had a completely opposite view on zoning. He viewed zoning as a method to provide orderly growth and with time an orderly transition for neighborhoods. From the homeowners view point, zoning would be an aid to protect the integrity of neighborhoods and assure homeowners that property values would be maintained. Mr. Nethery felt that Council should put zoning in place without referendum. He felt that many times when an election is held the group with the most money is the group that prevails. Mr. Nethery felt that with zoning Baytown would become a more attractive community for people to settle in. He pointed to areas of the state where zoning is in place that are thriving. Mr. Nethery agreed to serve on a committee, if appointed. Mike Finley, Baytown resident for twelve years and member of the Planning Commission, inquired how one would go about zoning a city that had been in place for 35 years. No one had any concrete answers to that, except to grandfather every- thing that is in place now, and as the property changes hands, the use for the property would change. Councilman Dickens inquired since Council had heard some pros and cons to the issue if at this point Council would be interested in the appointment of a panel of about seven people. Mayor Cannon responded that he had had that sort of action in mind, but he had written down a committee of five. Mr. Lanham mentioned that in order to appoint a panel, an item would need to be placed on a future agenda. Mayor Cannon pointed out that there has already been enough interest shown to warrant further discussion. Councilman Fuller inquired what would the charge be to these seven people. Mayor Cannon responded that there would be no charge other than to hold public meetings to obtain input. At this point, Andrew Lannie, Attorney at Law and Chairman of the Anti- Zoning Committee in 1969 -70, addressed Council. He stated that back in 1969 -70 there was not a massive amount of money expended toward defeat of zoning. There was a great amount of effort expended by those persons who were opposed to zoning. Facts were presented to the people which supported that view and the people responded by a 73% vote against zoning. Mr. Lannie expressed the view that to appoint a panel with no directive would be a futile effort which would result in nothing being accomplished. He stated that the city has other pressing problems regarding garbage services 31027 -7 Minutes of the Regular Meeting - October 27, 1983 and the approximately 270 people who have been removed from Brownwood. To have a panel to discuss whether zoning is a good or bad proposition will end in nothing being resolved. Mr. Lannie referred back to what the City Attorney had stated at the beginning of the discussion that the City Council cannot initiate a zoning ordinance. There must be a zoning commission appointed to hold public hearings and present a comprehensive plan to Council. Council would then hold public hearings based on recommendations of the planning and zoning commission. Since there is a planning commission now functioning in Baytown, he suggested that that body be appointed to serve as the planning and zoning commission. The planning commission has more basic information as to whether a plan is needed today or as to the need for zoning in particular areas. In Mr. Lannie's opinion, the planning commission would be the vehicle for recommending whether zoning is good or bad. Council agreed that there are many problems that Council is dealing with at the present time, but zoning is a big problem which would address the future of Baytown and therefore, is worth the time and effort. Mayor Cannon suggested that no action be taken by Council, but that an item be placed on the next Council agenda as to what plan Council would like to go with. Recess and Reconvene Mayor Cannon announced that that completed the discussion on zoning and there would be a ten minute recess. When the meeting was reconvened, the following items were considered: Consider Request to Name the Portion of Spur 55 Within the City Rettilon Drive Mr. Alton Enloe, Manager of grounds and solid waste for University of Houston, appeared to request that City Council consider naming that portion of Spur 55 within the city Rettilon Drive. Rettilon is "no litter" spelled backwards. Many individuals have expressed in writing the desire to have this change made. Two areas on the campus of the University of Houston have been named Rettilon parks. Mr. Enloe felt that this could be a significant beginning toward the dedication of Rettilon Drives in other areas of the country to promote litter free areas. The dedication could be made in April during Keep America Beautiful Week. Council expressed appreciation to Mr. Enloe for his interest, but some Council members felt that if that portion of Spur 55 in the city is to be changed, then perhaps it should be named for some deserving individual. Others felt that rather than name that section Rettilon Drive, if the purpose is to change the norm concerning litter, why not name it No Litter Drive. Councilman Simmons moved to accept the petitions and take them under consideration; Councilman Dickens seconded the motion. The vote follows: 31027 -8 Minutes of the Regular Meeting - October 27, 1983 Ayes: Council members Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None An item in this regard will be placed on the Council agenda for the first meeting in December so that Council may discuss the item further. Consider Request of Residents in a Portion of Lakewood Subdivision for Buy Out At the Council meeting on October 6, 1983, a petition was presented from residents living in the Lakewood area encouraging the city to consider a buy out through whatever means possible of that section of the Lakewood Subdivision which flooded during Hurricane Alicia. The petition was signed by 12 individuals. Council had requested that the Administration check on possible funding for that area's buy out. As indicated by the person who presented the petition, FEMA has earmarked about $1,500,000 for the Brownwood project, and they have indicated that until they are further along on that, they would not be interested in allocating any of this $1,500,000 to any other part of the city. There is a question of whether this area covered by the petition would meet the criteria of 1362 Program which requires that one of the following must be met: (1) the currently damaged structure must have been damaged by at least three previous floods over a five -year period with an average damage of at least 25% or more; (2) a single flood had damaged the structure 50% or more of its value or beyond repair to its pre -flood condition; or (3) any single event has left the strucuture damaged and irreparable either due to local ordinance limitations or significantly increased building costs. It may be that this area would not meet that criteria. Representatives of the state and FEMA have been contacted about the possibility of other funds being available for buy out in that area. State representatives had no suggestion as to availability of state funds. With regard to federal funds, revenue sharing funds could be used for this or possibly Community Development funds, but there would be no additional funds over and above what Baytown would normally receive. The City Manager said that he could continue pursuing funding possibilities if Council wanted, but at this point he felt that this project probably could not be added to the Brownwood Hazard Area project. The point was made that this area is not without city services, nor are those residents without an escape route in the event of future problems. This area hasn't flooded as frequently as Brownwood. Homes on the northern end of Burnet Drive had 3 to 4 feet of water in them. Where would the line be drawn on such requests? A very dangerous precedent would be established. Councilman Philips moved that in view of FEMA require- ments /criteria and Baytown city criteria, as not being favorable, that this request not be pursued; Councilman Dickens seconded the motion. The vote follows: 31027 -9 Minutes of the Regular Meeting - October 27, 1983 Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Consider Proposed Ordinance, Second and Final Reading on Annexation of Willow Creek Shopping Center - Phase II Council held the public hearings as required under the Annexation Statute and the ordinance was adopted on first reading. The Administration recommended adoption of the ordinance on second and final reading. Councilwoman Wilbanks moved for the adoption of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3673 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF WILLOW CREEK SHOPPING CENTER, PHASE II,_WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance, Including Willow Creek Shopping Center - Phase II in Council District 6 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 Dickens Mayor Cannon Nays: None ORDINANCE NO. 3704 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ADDING CERTAIN PROPERTY TO COUNCIL DISTRICT NUMBER SIX (6); REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Amending Standard Sign Code To Require the Repair of Signs to Code Standards Randy Strong, City Attorney, explained that after Hurricane Alicia questions arose from one of the sign com- panies as to whether a substantial part of their sign had been damaged which would have required that the sign be 31027 -10 Minutes of the Regular Meeting - October 27, 1983 reconstructed according to the new sign code standards. The question was taken before the sign committee; they de- termined that they would use monetary value of the sign. In other words, if the repairs would cost more than 50% of the replacement cost of the sign, it would have to be rebuilt. This was not the intent of Council when the ordinance was adopted, and in Proposed Ordinance 3A, the City Attorney attempted to redefine provisions as to a sign being blown or knocked down and base that on a physical damage measure. The main change is that the language deferentiates between a sign being blown or knocked down and makes a separate category for a substantial part of the sign destroyed or damaged. Substantial part of the sign is defined as being 50% of the above ground structure of the sign with the said 50% being based on the square foot area of the sign and support structure. In other words, one would take the square foot area of the sign and also the supports and based on that square foot area, if more than 50% is damaged, the sign must be rebuilt according to the sign code. Blown or knocked down is defined as with the heads blown off the sign, or when the sign collapses or telescopes on itself, or when it leans more than 15 degrees from the vertical as a result of wind action or something like that. The problem is that the head on some of these signs could be blown off and it's really fairly inexpensive to put it back on. Also, if the sign is leaning more than 15% from the vertical, the staff felt that could be a hazard or danger and therefore, that should be considered as blown down. The engineering department felt that 15 degress is a substantial amount of lean. Anything beyond that would be hazardous and the sign should be rebuilt. As an alternative, the City Attorney drafted Proposed Ordinance No. 3B which tracts the original sign ordinance, but defines substantial part of a sign to mean a substantial part of a sign is destroyed if the cost of repairing this sign to its previous state exceeds 50% of the cost of re- pairing the sign in full conformance to the sign code, there is substantial damage. There may be some instances where a sign cannot be rebuilt because its too close to another sign, and in that situation, what repairs would cost versus what that sign was originally valued at on the building permit would be considered. The reason for utilizing the original building permit fee is to avoid questions in the future as to the value of the sign. The third option would be not to adopt an amendment and continue on with the definition that the sign committee used. Councilman Fuller moved to adopt alternative 3A; Council- man Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3705 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 25 1/2, "STANDARD SIGN CODE ", SUBSECTION 25 1/2 - 5(G)3, TO REQUIRE THE REPAIR OF SIGNS TO CODE STANDARDS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 31027 -11 Minutes of the Regular Meeting - October 27, 1983 Consent Agenda Norman Dykes, Director of Public Works /City Engineer, explained that in Item h, what would be happening is that the Barnes Street water tower will be completely reworked, while the Baker Road water tower needs only structural repair. Council considered the Consent Agenda as follows: a. Proposed Ordinance No. 31027 -4, will award the bid for the repair of the Police impound area fence. Bids were sent to four (4) vendors of which two (2) vendors offered proposals. Hurricane Fence submitted the low bid of $2,630. We recommend the low bidder, Hurricane Fence, be awarded this contract. b. Proposed Ordinance No. 31027 -51 will repeal Ordinance No. 3703 and award the annual micro- filming service contract. As Council recalls, bids were mailed to six (6) vendors and the city received three (3) proposals and one no bid. A pre -bid conference was held prior to the bid opening to discuss potential problems with the specifications and to familiarize the vendors with the items to be filmed. We originally recommended the bid be awarded in its entirety to Microfilm Systems, Inc. the apparent low bidder on all items. However, due to a misunderstanding of the quotation by John Lane Micrographics on the 16mm duplicates, Microfilm Systems, Inc. is not the low bidder on the 16mm segment of the bid. John Lane Micrographics bid $8.00 per roll for duplicates, and is putting 2,250 exposure per roll not the 500 as we understood initially. Mr. Lane assumed we wanted more than one duplicate and bid on 200 rolls at 2,250 exposure per roll. For our needs, 45 rolls will be sufficient and we recommend the bid for 16mm be changed from Microfilm Systems, Inc. and be awarded to John Lane Micrographics. Therefore, Microfilm Systems, Inc. would receive the bid on items 1 through 3 and John Lane Micro- graphics would receive the bid on items 4 and 5. The total bid amount would be $7,621. Council has budgeted $8,375 for this purchase. We recommend the low bidders Microfilm Systems, Inc. (items 1 -3) and John Lane Micrographics (items 4 and 5) be awarded this contract. 31027 -12 Minutes of the Regular Meeting - October 27, 1983 C. Proposed Ordinance No. 31027 -6, will authorize the final payment for sanitary sewer line on Rolling - brook - Job No. 8305 -04. The City of Baytown Engineering Department has inspected the installation of the Rollingbrook Drive 8" sanitary sewer main and has found it to be installed in accordance with plans and specifications. The original contract amount was $34,222. The total work performed to date comes to $35,236.35. This includes $776.33 of extra work to install the main through the bridge abutment. The contractor has been paid $31,712.71. We recommend that the contractor, G. G. Ross, Inc. be paid the final amount of $3,523.64. d. Proposed Ordinance No. 31027 -7, will award the rehabilitation contract for 817 Yupon. Two (2) bids were received. Prosper Brothers submitted the low bid of $8,000. The office estimate for this work was $8,475. This is a recommendation of the Community Development Advisory Committee. We recommend the low bidder, Prosper Brothers be awarded this contract. e. Proposed Ordinance No. for the rehabilitation Three (3) bids were re, the low bid of $4,520. this work was $4,325. Advisory Committee has recommends Mr. Kidd be 31027 -8, will award the bid contract for 107 East Jack. ceived. John Kidd submitted The office estimate for The Community Development reviewed this bid and awarded this contract. f. Proposed Ordinance No. 31027 -9, will award the bid for a pneumatic earth piercing tool. Bids were mailed to six (6) vendors of which two (2) vendors responded. Conmaco, Inc. submitted the low bid of $3,600. Council has budgeted $3,295 for this purchase. We recommend the low bidder, Conmaco, Inc. be awarded this contract. g. Proposed Ordinance No. 31027 -10, will award the bid for annual carrier service for the City of Baytown bank deposits. Bids were mailed to seven (7) vendors. The City of Baytown received one (1) proposal. Purolator Armored, Inc. submitted the low bid of $2,640. We recommend the low bidder, Purolator Armored, Inc. be awarded this contract. 31027 -13 Minutes of the Regular Meeting - October 27, 1983 h. Proposed Ordinance No. 31027 -11, will award the contract for repair, sandblasting and painting of Baker Road and Barnes Street Water Tower. After advertising of work to be done, six (6) prospective bidders examined the job specifications but only one submitted an official bid. Water Tank Service Company of Pasadena was the low bidder submitting a bid of $32,270. The project estimate for this work was $44,800. An optional bid item was re- quested to repaint the interior surface of the Barnes Street support stem. Water Tank Service Company submitted a lump sum bid price on this option at $2,900. We recommend that the contract to perform this maintenance work be awarded to Water Tank Service Company in the amount of $32,270 and we recommend that the optional item of repainting the interior surface of the Barnes Street support stem be awarded to the same company in the amount of $2,900. The total of work to be done is $35,170. i. The City of Baytown has received a request from Cynthia P. Lipps for water service at 2502 Archer Road. The city does maintain a water line at the corner of Archer Road and Sjolander Road which Ms. Lipps could tie into. We recommend approval of this request. Councilman Philips moved to adopt the Consent Agenda Items a through i; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3706 AN ORDINANCE ACCEPTING THE BID OF HURRICANE FENCE FOR THE REPAIR OF THE POLICE IMPOUNDED AREA FENCE AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND SIX HUNDRED THIRTY AND N01100 ($2,630.00) DOLLARS. (Proposed Ordinance No. 31027 -4) ORDINANCE NO. 3707 AN ORDINANCE REPEALING ORDINANCE NO. 3703, ACCEPTING THE BID OF MICROFILM SYSTEMS, INC.; ACCEPTING THE BID OF MICROFILM SYSTEMS, INC. AND JOHN LANE MICROGRAPHICS FOR THE ANNUAL MICROFILMING SERVICE CONTRACT AND AUTHOR- IZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SEVEN THOUSAND SIX HUNDRED TWENTY ONE AND N01100 ($7,621.00) DOLLARS. (Proposed Ordinance No. 31027 -5) 31027 -14 Minutes of the Regular Meeting - October 27, 1983 ORDINANCE NO. 3708 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO G.G. ROSS, INC. FOR AN 8" SANITARY SEWER LINE ON ROLLINGBROOK, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 31027 -6) ORDINANCE NO. 3709 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT 083 -03 -04 TO PROSPER BROTHERS CON- STRUCTION FOR THE SUM OF EIGHT THOUSAND AND N01100 ($81000.00) DOLLARS. (Proposed Ordinance No. 31027 -7) ORDINANCE NO. 3710 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -04 -05 TO JOHN KIDD FOR THE SUM OF FOUR THOUSAND FIVE HUNDRED TWENTY AND N01100 ($4,520.00) DOLLARS. (Proposed Ordinance No. 31027 -8) ORDINANCE NO. 3711 AN ORDINANCE ACCEPTING THE BID OF CONMACO, INC. FOR THE PURCHASE OF A PNEUMATIC EARTH PIERCING TOOL AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND SIX HUNDRED AND N01100 ($3,600.00) DOLLARS. (Proposed Ordinance No. 31027 -9) ORDINANCE NO. 3712 AN ORDINANCE ACCEPTING THE BID OF PUROLATOR ARMORED INC. FOR THE ANNUAL CARRIER SERVICE FOR CITY OF BAYTOWN'S BANK DEPOSITS AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND SIX HUNDRED FORTY AND N01100 ($2,640.00) DOLLARS. (Proposed Ordinance No. 31027 -10) ORDINANCE NO. 3713 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH WATER TANK SERVICE COMPANY FOR REHABILITATION OF BAKER ROAD AND BARNES STREET WATER TOWERS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 31027 -11) For bid tabulations, see Attachments "B" through "G" res- pectively. 31027 -15 Minutes of the Regular Meeting - October 27, 1983 Consider Proposed Resolution No. 853, Expressing Support Of Approval of 9 -1 -1 by Voters A November 8, 1983 Councilman Fuller moved for the adoption of the resolution; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None RESOLUTION NO. 853 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN SUPPORTING THE 9 -1 -1 PROPOSITION BY VOTERS ON NOVEMBER 8, 1983. Consider Proposed Resolution No. 854, Casting City of Baytown's Ballot for Director of Harris County Appraisal District Board Baytown has nominated Fred Hartman who is currently serving as Chairman of the Harris County Appraisal District Board, and letters have been forwarded to Mayors of other cities in Harris County encouraging their support of Mr. Hartman. Councilman Simmons moved for adoption of the resolution; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller -and Dickens Mayor Cannon Nays: None RESOLUTION NO. 854 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CASTING ITS VOTE FOR THE OFFICE OF DIRECTOR HARRIS COUNTY APPRAISAL DISTRICT, FOR THE TERM BEGINNING JANUARY 1, 1984. *Councilwoman Wilbanks no longer present. Consider Garage Operations Study Council had been furnished with a copy of the proposal from Murphy & Associates which outlined the proposed operations review study of garage operations. The Administration feels that it is necessary to have someone from outside the organization come in and look at the city's garage opera- tions and make recommendations for improvement. Both the Director of Public Works and the City Manager have visited with Mr. Murphy and his credentials have been checked thorough- ly by the staff. The cost for the study will be $6,000 plus out of pocket expenses which will not exceed $1,000. 31027 -16 Minutes of the Regular Meeting - October 27, 1983 For this sun, probably the city will recoup its expenses for the study within a year's time. The City of Fort Worth indicated that the cost for the study were recovered in a year. The Administration feels that garage operations need to be improved and this is the first step in doing that. The Administration recommended approval of the study. Councilman Simmons moved to authorize the garage operations study; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Fuller and Dickens Mayor Cannon Nays: None Consider Approval of Appointment to Parks and Recreation Advisory Board .Mayor Cannon requested Council confirmation of the appointment of Pi -Yi Mayo to Parks and Recreation Advisory Board. Councilman Johnson moved for confirmation of the appointment; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Fuller and Dickens Mayor Cannon Nays: None Consider Appointments to Auto Wrecker Committee Councilman Dickens moved that Joe H. Wheat, Jr. be appointed to fill an unexpired term on the Auto Wrecker Committee which term expires April, 1984, and that Don Williams be appointed to fill the term expiring in April, 1985. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Fuller and Dickens Mayor Cannon Nays: None Schedule Second Meeting for November /December Council scheduled the second meeting in November for either Monday, November 21 or Tuesday, November 22, depending on the date most convenient for Mayor Pro Tempore Wilbanks. Since Christmas holidays will fall on the weekend, the second meeting in December will be on December 22 as regularly scheduled. 31027 -17 Minutes of the Regular Meeting - October 27, 1983 Recess Into Executive Session To Discuss Pending Litigation Mayor Cannon recessed the open meeting into executive session to discuss pending litigation. When the open meeting was reconvened, the Mayor announced that there was no action to be taken. Adjourn There being no further business to be transacted, the meeting was adjourned. 2'�� ,to '44� Eileen P. Hall, City Clerk Attachment "A" M E M O R A N D U M October 24, 1983 TO: Fritz.Lanham, City Manager FROM: Bill Cornelius, Director of Planning and Traffic SUBJECT: Zoning Information 1hile zoning is subject to a variety of interpretations, the basic concept is the exercise of the governmental power to legally regulate the use of land and the structures thereon in such a way as to protect public health, safety, and general welfare. In other words, zoning is the enactment of a law by public authority that controls and regulates private property. A more complete description of the zoning process has been given as follows: Zoning consists of dividing the community into districts or zones and regulating within such districts the use of land and the use, heights, and area of buildings for the purpose of conserving and promoting the health, safety, morals, convenience and general welfare of the people of the community. Zoning is the land use management tool used to implement a comprehensive city plan or master plan element concerned with future land use. From this it can be seen that zoning is of extreme importance to existing and future development of a community. Because it does restrict the use of private property, many people resist zoning. Through the years zoning has evolved from a very simplistic process to one that, if allowed to, car. be very time consuming and complex based on the size of the community. The many different types of uses that have developed in recent years (Condominiums, planned unit developments, shopping centers, zero lot lines, patio homes, office complexes, etc.) have necessitated more diverse zoning classifications, with different requirements, when compared to the old classification of residential, commercial and industrial. The newer developments generally do not fit into previous classifications. In a general sense there are four purposes for zoning. They include protection of the public's (1.) health, (2) safety, (3) morals, and (4) general welfare. These are specifically mentioned in Texas's enabling legislation, (Articles 1011a through 1011k of the Civil Statutes). Protection of the public health refers to the provision of adequate light and air attained through the separation of structures and through the regulation of population density. The control of traffic, lessening of congestion in the streets and provision of adequate measures toward preventing fires, panic, and other dangers, all come within the area of zoning aimed at protecting the public safety. The protection of public morals is a gray area and few zoning measures are implemented in its behalf. Provision permitting the protection of the public welfare is broad in its scope. Aesthetic considerations are usually supported from a public welfare position, and it is here that one usually finds the term "preservation of neighborhood character." For many years, governments and courts enacted and enforced zoning without regard to a comprehensive plan. This practice led to inconsistency in zoning decisions. Since the 1970s, courts have reversed this trend and we are now seeing the need for a direct positive relationship between planning and zoning in their decisions. CITY OF BAYTOWN ITLE: REPAIR OF POLICE IMPOUNDED AREA FENCE BID TABULATION ID: N /r, aTC• • Oc i obc r 5, 1 9133 Attachment rrBrr T'EM QTY 1UNIT DESCRIPTION HURRICANE FENCE DAYTOWN'FENCE COMPANY NAT r. EXTENDED uNir EXTENOEO uhiT ExTENDED Ut1I cxrEt�al =o 2 6 3 0. 0-0- ! AREA FENCE as per rcprescnLativcs invesLi ation of Si Le. . DELIVERY: 10 Days As Needed TOTAL $2,630.00 $5,1110.00 GROSS TOTAL LESS DISCOUNT NET TOTAL TER nrrl IvFRY Zoning generally speaks to locational factors - -where and how a particular private structure or use may be established. Subdivision regulations concern themselves with the provision for and design of public facilities such as streets and sewers, the layout and division of the site so as to provide protection against flooding and erosion, and to ensure consistency with the development of adjacent land with respect to public facilities. Subdivision regulations also have an added purpose: to provide an orderly and simple method for effecting and recording the transfer of title to land. This is not to imply that the line between the function of zoning and that of subdivision controls is always clear. Zoning regulations deal with required lot sizes in various districts and subdivision approval usually involves the design and size of lots. Modern zoning ordinances often require a site plan review of major developments, a practice that is required in many subdivision regulations. It is important to note that subdivision regulations have encountered far less challenge in the courts than have zoning ordinances. In part, this is explained because zoning is concerned with use, and use more than the design, determines land value for the landowner. The preparation and implementation of zoning just as any other new ordinance requires additional personnel and time for all agencies involved. One new body, the zoning board of appeals, is created to interpret the ordinance. The administrative staff and the City Council can expect to spend time dealing with zoning matters. 3 I D• - r KG Al 9 )ATE: October Ii , 1983 L31U TABULA 1 1UN Prosner Bros_ John Kidd David Baker Attachment "D" lEAll OTY DESCRIPTION UNIT ­NT ENOCD UNIT fX�'TNOE� X�Nt�i� Ur+lf 1.xY( UN1_T EXTENDED UNl - -- PRICE _J'13LCL.— _ _RLE.E__ PCt1C_E —P-IZECr PftELE___ _e111.Cr — .__.r'rr _PjLL.Cf- _ _3►CE 1 Ernest Gordon 817 Yupon 80000.00 9,793.00 83- 03 -01, 1 Anna Brannon 107 East Jack 4,900.00 4,520.00 5,1180.00 83 -04 -05 1 Maria Martinez 513 Denby 83 -04 -0b NO BWS RECEIV-D J .....rte• Gf-lUSS TOTAL . LESS DISC. ,. NET TOTAL -. nFl IVFRY IT L E . ANNUAL MICROFILMING SERVICE CONTRACT ID' #839 -84 ATE: September 28, 1983 2:00 p.m. CITY OF BAYTOWN BID TABULATION Attachment "c" TEM QTY UNIT DESCRIPTION MICROFILM SYSTEMS INC. UNIT EXTENDED JOHN LANE MICROGRAPHICS UNIT EXTENDED UNIVERSAL MICROGRAPHICS UNIT EXTENDED SOUTHERN MICROFILM UNIT EXTENOED ANNUAL MICROFILMING SERVICE CONTRACT, per specifications 1 91000 exp. 35mm, Silver Halide Microfilm (Original) .25 $20250.00 .60 $ 5,400.00 NO BID NO DID ENTIRE 2 18 rolls 35mm, Silver Halide (duplicate) 14.50 $ 261.00 16.50 297.00 NO DID PROPOSAL 2 .25 $ 2,250.00 NO DID 000 ex mm t 4 100,000 ex 16mm Silver Halide Mircofilill (Original) 27.50/1000 $2,750-00 25.00 /1000 $ 2 500.00 32.50/1000 $3,250-00 5 200 exp. 16mm, Silver Halide (duplicate) SUBTOTAL ITEMS 114-5 *12.50 roll 625.00 .00 *8.00 r 1 DELIVERY: 5 -10 Days 20 Day s per spec. SPECIAL CONDITIONS: < This is fo- not 200 roils. wi l l put 2,000 roll instead 50 rolls They exl�ee of 500. *This is tar instead of wi l l 12ut ?,Z50--exposure Per roil instead 45 rolls 100. They of 500 * his *Ihis is instead of 40 rolls _00 rolls. Bids 3 rc nailed to 6 pondcd, 1 nc vendor; bid. TOTAL $8j36.00 W L r w u td 1J 41 Q �z OO J CD I Q . 01— 0 m U Y Z Q d N N z F- 3 — O N }- O < w = O o.l H v 0 W n U O — O C nt w J. C LeJ C L,. < M u co i 4" Z G G W C 0 0 u o_ tL a _ O CLH x c= W cc G Z O L7 C L LL N J J W G C O O W U O C I 0 L. H — O x .J C C Z ' C H } H tL C = U w N Z W O O ¢ W OLL } wi O lJ O O v z tJ N J X N N Z C Z 0 O W O O O � W N cn < � ¢ o O u, � o - _ ¢ -} z 0 0 C N � N d N H N O _ C d o N O J F L:j O O <: Z Z 0 L F- O t J O 0 d" o > Q �- U } N N _ u N Q a d C: ? 0 �. to L N/� 1 /� U } u -- O to < C:: u u w W Ld < L' n _� 0 J Z !— C J LL O L ri G O �+ < v �' Z L < U r b Z - Q — I Ld L w s.i d u ca u Ai d z 3:z 00 co L o Z) m O F-- C) Q] U =MMIL12 C7 O z_ o U N W r^ S b K U C o a W r Z d w I J � O L L` V O u J F Q z O J U N 0 0 o V) iu V) cn pc > O to i- cr- J = W W W W C7 J z F- ❑ x u F- 0 0 z W r t LL o' W o p 0 O D in . Z W p p O O U Z O U Q z O }. U Z I t Q p O O U. Lf1 2 W W X (L q cl W CL .a W z F- m J F Q z O J U N 0 0 o V) iu V) cn pc > O to i- cr- J = W W W W C7 J z F- ❑ Attachment "G" M E M G R A N D U M October 21, 1983 TO: Fritz Lanham, City Manager FROM: "Norman Dykes, City Engineer /Director of Public Works SUBJ: Repairing, Sandblasting, and Painting of the Baker Road and Barnes Street Water Towers - Job No. 8308 -11 - Bid Results This project consists primarily of the following maintenance repair work: Baker Road Tower - Replace all nuts and bolts on access ladder and hand rails - Replace corroded nuts and bolts on fill pipe and repaint - Repaint lower 30' of dry riser interior surface Barnes St. Tower - Repair corrosion pits by deposition of weld metal on interior tank surface - Apply protective coating to entire interior surface - Repaint entire exterior surface of tank and supporting structure A request for bids was advertised in the Baytown Sun and the con- struction industry media for opening on October 20th. Six prospective bidders examined the job specifications but only one submitted an official bid. Water Tank Service Company of Pasadena was the lone bidder at $32,270.00 - considerably less than the approved 1982 -83 budgeted amount of $45,000 and the project estimate of $44,800. An optional bid item was requested to repaint the interior surface of the Barnes Street support stem. (This tower is referred to as our "golf ball" water tower.) Water Tank Service Company submitted a lump sum bid price on this option at $2,900.00 Even though only one bid was received, it is recoimmended that the contract to perform this needed maintenance work be awarded to Water Tank Service Company in the amount of $32,270 plus the optional item of $2,900 for a total of $35,170. RS /lc