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1983 11 10 CC Minutes31110 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 10, 1983 The City Council of the City of Baytown, Texas, met in regular session on Thursday, November 10, 1983, at 6:30 p.m. in the Council Chamber 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 The meeting was called to and the invocation was offered the invocation was offered, the acted: Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk order with a quorum present, by Councilman Johnson. After following business was trans- Consider Minutes for the Regular Meeting Held October 27, 1983 Councilman Philips moved for the approval of the minutes for the meeting held October 27, 1983; Councilman Dickens seconded the motion. The vote follows: Ayes: Council °members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Receive Petitions There were no petitions presented. City Manager's Report Trash Transfer - The trash transfer day held on October 29 was very successful. A total of 730 cubic yards of debris was removed. This is the largest amount collected on a trash transfer day. The Clean City Commission is studying the possibility of having another trash transfer day in January. There may be a need for another day to dispose of trash and debris created by Hurricane Alicia. 31110 -2 Minutes of the Regular Meeting - November 10, 1983 United Way - The City of Baytown's United Way campaign for 1983 was very successful. Flora Wilhite headed the cam- paign and city employees increased their contributions over last year by eight (8 %) percent. Mr. Lanham commended Mrs. Wilhite for a job well done, along with all those who helped with the campaign. He mentioned that the increased contribution is an indication of the caliber employees of the City of Baytown. Councilman Philips stated that he felt this was an indication that city employees want to contribute to the community and he appreciated that effort. Educational Loan Program - Several months ago, the Administration had discussed with Council the possibility of the City of Baytown, in cooperation with Harris County, establishing an educational loan program for Harris County. The reason that this was discussed with Council is that a county may not institute this type program, but may cooperate with a city to establish a program. Since that time, Hurricane Alicia arrived and there have been County elections which required immediate attention. The Administration has been contacted by Tom Masterson, Bond Consultant, and representatives of Harris County inquiring if Baytown is still interested in continuing with plans for this program. One of the reasons for the question is that Harris County has been invited to join the Bryan/College Station area in a program of this type. Unlike in their negotiations with Galveston County on this subject, Harris County would be invited to appoint six members of an eleven member board. Since this option is now available to Harris County, the Administration needed to know if Council wanted to pursue the establishment of an educational loan program in cooperation with Harris County. Council concurred that it would be a good idea for Baytown to pursue the establishment of an educational loan program for the Harris County area. There are qualified people in this area to serve as board members and to provide input. With the educational loan program being established for Harris County, the control would be in Harris County. Traffic Committee - The traffic committee met on October 24 and considered several items that have been discussed at the Council table. The committee recommended that the inter- section at Seventh Street and Defee be redesigned to straighten that intersection to some degree. This can be done in the existing right of way. The plans are to take in more on the right and take some off the left to straighten the eastbound lane. Councilman Simmons commented that he had received complaints that there are those who are entering the wrong way at that intersection. Mr. Lanham stated that the Admin- istration would do more work on that and come back to Council. Council had received a petition requesting that a three - way stop be installed at West Sterling and Felton. The committee recommended that in lieu of that that the police department be asked to increase enforcement in that area. That has been done to prevent speeding on Sterling and also, to prevent truck route violations. The committee felt that a three -way stop there would not be warranted. 31110 -3 Minutes of the Regular Meeting - November 10, 1983 The committee has recommended that right of way be purchased along Baker Road at the intersections where visibility is a problem. Mr. Lanham stated that the Administration would come back to Council with drawings of that. Industrial Revenue Bonds - Wal -Mart is planning to construct a store at the corner of Garth and Lynchburg Cedar Bayou Road, and the Administration has received a request from Wal -Mart representatives that Baytown consider authorizing the issuance of industrial revenue bonds to finance this proposed store. Industrial revenue bonds are used by many cities in Texas to authorize the sale of tax exempt bonds to finance a variety of industrial and commercial activities. Wal -Mart representatives would like to meet with City Council to discuss this possibility. Council scheduled a work session for Thursday, November 17 at 4:30 p.m. for this purpose. Council did express concern that in order to provide this type financing, the requirement may be that Baytown be declared a blighted area. Council was also concerned that this may set a precedent, and Council would be getting numerous requests to issue these type bonds. Bayway Drive /Baker Road Drainage Ditch - About ninety -five (95 %) percent of the right of way has been cleared for this project, and the contractor is now waiting for delivery of materials which are expected in late November or early December. Rollingbrook Drive Extension - About ninety (90 %) percent of the drainage system has been installed and seventy -five (75 %) percent of the drainage ditch has been completed. Bridge pilings have been installed. Water Lines along Cedar Bayou Crosby, Hardin and Barkuloo - Ninety -five (95 %) percent of the 12" line has been installed on Cedar Bayou Crosby Road; ninety -five (95 %) percent of the 6" line is in place on Hardin Road and work has begun on Barkuloo. The project is about seventy (70%) percent complete. 1983 Street Improvement Program - The contractor has completed the overlay of West Gulf, West Humble and Lafayette since the last report. Drainage work on Fleetwood has been completed, and the old asphalt has been removed in preparation for resurfacing. On Memorial Drive, ninety (90 %) percent of the drainage work has been completed. No paving is scheduled to be performed on Memorial Drive in this program; however, this should be considered in next year's program. Reconstruction is complete on Coburn and Fortner and recon- struction is in progress on North Burnet. President's Commission on White House Fellowships - Mayor Cisneros of San Antonio, who was once a White House Fellow, has written letters to encourage local governmental officials to apprise those in the community who are suitable candidates of the program. 31110 -4 Minutes of the Regular Meeting - November 10, 1983 Questions /Comments of Council Council requested that the traffic committee consider a protected left turn off Pruett Street at Park Street, There is an offset there which makes it dangerous to turn left without the protected arrow. There are visibility problems along Highway 146 due to the shrubbery that has been planted in the esplanade, and the Administration was asked to see what could be done about that. Street markings on Garth Road are in poor condition and the staff was asked to place re- flectors to mark the center lane. The Administration was asked to see what could be done to aid the flow of traffic more safely in the area of North Main that is under con- struction. This past weekend a car left the roadway and went off into the ditch. The Rangers, the Ganders and the La Porte Bulldogs were commended on their excellent performances. Consider Establishment of Procedure on the Zoning Issue Fritz Lanham, City Manager, reported that included in the packet is a memorandum from the City Attorney outlining the procedure that must be followed in adopting a zoning ordinance if one is to be adopted. A copy of that memorandum is attached to the minutes as Attachment "A." Randy Strong, City Attorney, stated that on the memorandum, as one of the options, there is nothing referring to either initiative procedure or referendum. There have been some court decisions from a few years back, one involving the City of Bellaire and the other involving the City of San Antonio. In these decisions, the courts have said that zoning is an issue that is controlled by state statutes. It is one of these peculiar areas where there is certain procedure set forth by state law and therefore, it is not subject to initiative or referendum process. The courts have described a zoning ordinance as a legislative decision solely up to the decision of a governing body such as City Council. Therefore, putting zoning up to initiative process is adding a step to the requirements of state law that is not required, and the courts have said that steps cannot be added to a state mandated procedure, nor can steps be deleted. For example, the Charter of the City of Bellaire is very similar to that of Baytown, and the courts have held that the provisions of the general law of the state as adopted by the Charter of the City of Bellaire, by implication, have withdrawn the subject of zoning from the field in which the initiatory process is operative and have reserved this subject from referendum. The City of Bellaire case was held by the First Court of Appeals in Houston. In that case, the court held that even the preparation of the comprehensive zoning ordinance is a purely legislative function and Council cannot delegate it, nor turn it over to initiative vote. In response to a request from Council, the City Attorney said that what he was saying is that City Council cannot submit the zoning question to an initiative election. Council is going to have to decide on its own whether to adopt a zoning ordinance. The only thing that the City Attorney would venture 31110 -5 Minutes of the Regular Meeting - November 10, 1983 to suggest, and even the Texas Municipal League representa- tives were not happy about this suggestion, is to have a straw vote on the question of zoning, whether the citizens want to have it or not, and possibly schedule that for the next regular election. The City Attorney emphasized that he did not feel that Council could prepare a zoning ordinance and put that up for election by the citizens. The last time that was done was in 1969 and it was done right about the same time that this first case came out that said this could not be done. In response to an inquiry from Council, the City Attorney stated that when this case was decided, there was a three judge court. There was a trial court making that decision and the Court of Civil Appeals making the final decision. The Supreme Court of Texas refused to hear it on the basis that there was no reversible error. That is the state of the law. The Court of Appeals is the second highest level of judicial interpretation in the state, and they said that it can't be done and the Supreme Court did not feel that they made an error in saying that. The City of San Antonio case was appealed to the U.S. Supreme Court and the U.S. Supreme Court refused to hear it also. The City Attorney emphasized that if the city elected to go through the referendum pro- cedure and the city were sued, the city would lose the case and then there is the question of expending funds on an election when court cases have established to do so is improper which may be construed as an illegal expenditure of city funds. In response to inquiry from Council, the City Attorney said that the Bellaire case was held in 1969 and the San Antonio case in 1978. Both courts are saying the same thing, the particular question in San Antonio was a little different than Bellaire, but the Court stated the same thing that the area of zoning has been withdrawn from the initiative and referendum field. The Bellaire case was cited by the Court at that time, as well as several others, The City Attorney had checked with Texas Municipal League General Counsel to determine if they could furnish additional information, and they concurred that initiative /referendum was not possible concerning the question of zoning. Council was surprised that zoning is precluded from the initiative /referendum process and that there had been no news coverage on the matter. The City Attorney mentioned that probably the reason is that the question doesn't come up that often. There aren't that many cities that are initiating zoning particularly, in the Houston area. Councilman Simmons who had spoken out against zoning at the previous Council meeting, stated that this is just another example of what one gets into with all this litiga- tion about zoning and another good reason not to have it. Councilman Philips stated that at this point, it appeared that there is just one large problem after another associated with zoning, and it just keeps getting back to the point that the solution to the problem is that to protect the homeowner and stabilize the subdivisions, Council should be considering the creation of a city agency that would perpetuate the deed restrictions in the various subdivisions and be 31110 -6 Minutes of the Regular Meeting - November 10, 1983 responsible for enforcement. If this kind of strength could be provided, the homeowner in Baytown would be assured that what he is buying will be protected and also, there would be a method established to give the subdivisions relief from some of the grievances that are now being experienced. Other problems that are prevalent in the city can be addressed such as mobile homes, commercial traffic, encroachment, noise (that is being worked on now), and go ahead and strengthen the ordinances that can be dealt' with directly, leaving the zoning issue which will be a very devisive thing. The way to get on with the improvement of the city and provide protection to the citizens is to go about it by individual ordinances that would provide the answers to the grievances that are brought up in the Council Chamber. Mr. Philips continued that he had just spoken with the former mayor of Katy who said that that city had recently adopted a zoning ordinance which has caused a very devisive conflict to develop in the city, and it has created a hierarchy in the city hall that has slowed growth and develop- ment and has caused disputes. The Council in Katy now has become nothing more than a zoning /variance commission. All that is done at Council meetings now is handle arguments about zoning questions. In order to provide the protection needed for the citizens of Baytown by less devisive method and to get into something that Council can specifically deal with, Councilman Philips moved that Council discontinue the zoning subject and address these problems that Baytown has through individual ordinances; Councilman Simmons seconded the motion. Mayor Cannon stated that the complaints that he had heard have not really been associated with violation of deed restrictions within the subdivisions, but complaints as to what is happening adjacent to the subdivision. He stated that he would certainly support perpetuating deed restrictions. In fact, the city has the authority to enforce deed restrictions now, but nothing is on the books as far as perpetuating deed restrictions. There was a problem on Caldwell, but that was the last one that had been brought to the Mayor's attention as far as a problem within a subdivision. Mayor Cannon stated that he did not know of another way to protect subdivisions from what is happening just outside, other than zoning. Councilman Dickens suggested that perhaps Councilman Philips might like to amend his motion to include the words that Council take no further action as a body, with regard to zoning, but look to working with municipal organizations /garden clubs so that Council could basically cease discussion and take no further action. Councilman Philips responded in the affirmative and said that he thought that if Council would just cease to take further action here, as Council, on the zoning question and then openly as a consequence of that invite some people to come and say where they would like to see some ordinance strength provided, this would be a normal, natural outcome of what Council is trying to accomplish. 31110 -7 Minutes of the Regular Meeting - November 10, 1983 Councilwoman Wilbanks stated that the information that she had heard tonight had influenced her thinking a great deal because she perceived the zoning issue as one that if it was to be considered would be considered in a referendum situation. She did not see zoning as a decision that Council should make for the community and therefore, she felt that legally the court decisions sort of put Council in a box. For that reason, she would be supportive of Council- man Philips' motion, as opposed to Council makinq the decision independently which now is the only alternative given. Councilman Philips added that Council could get citizen input on these individual pieces of ordinances that would be enacted, while Councilman Dickens stated that this would give Council greater flexibility to deal with an independent problem rather than letting problems devolve to a smaller board who may not want to take that decision on their own. Mayor Cannon inquired as to what type ordinances will help these problems other than perpetuating deed restrictions. Councilman Dickens felt that that should be left to the injured parties. Speaking for himself, he stated that he would be perfectly willing to work with the civic associations. Mayor Cannon responded that he could give Council two instances where Council's hands were tied - -the race track on Memorial Drive. Councilman Philips responded that the problems there would have been the same with zoning because that is a commercial area. Mayor Cannon agreed that that probably would have been zoned commercial depending on when zoning was adopted and how that property would have been zoned. Councilman Dickens pointed out that Council's solution to that problem was to look into the enactment of a noise ordinance which is basically what Council is saying that bit by bit enactment of ordinances as the need arises is the answer, rather than the blanket suffocation of the city's growth. Mayor Cannon put forth this hypothetical point that he would be interested in purchasing property adjacent to Allenbrook Subdivision, but would not have plans for develop- ment until further down the road; therefore, he would just put in a junkyard. Of course, he would meet the requirements of the city and build a fence around the area and all other requirements. Now, what kind of ordinance can Council adopt to stop this kind of situation? Councilman Philips responded that in this particular thing if Council were to sit down today and try to zone out junkyards just by putting a non - commercial restriction, they are still going to pop up. He felt that this is an excellent case again where Council needs to tighten up on the ordinances that are in place with respect to where certain things can be located. He emphasized that there is a mobile home problem, as well as problems with junkyards and other problems that can be addressed by individual ordinances. Mayor Cannon pointed out that that gets right back to zoning and inquired of the City Attorney if Council could adopt any ordinance which would prohibit one from putting a junkyard adjacent to Allenbrook with the exception of having a zoned area. 31110 -8 Minutes of the Regular Meeting - November 10, 1983 The City Attorney answered that with the question of prohibiting specific uses, Council would need to come up with some specific reason. Brookside Village prohibited the placement of mobile homes outside mobile home parks because placement of mobile homes elsewhere aggravated the already existing problems with the water and sewer system. The courts upheld that since the city had a means by which to justify its differing treatment of mobile homes. Mayor Cannon again emphasized that there would be no way that the city could prohibit an undesirable commercial enterprise from going in next to Allenbrook. Councilman Dickens pointed out that Council was overlooking something and that is the market place at work. No man who is going to run a junkyard is going to be able to afford that property next to Allenbrook. Mayor Cannon responded that if he owned the land, then he could put anything he wanted there. Council- man Dickens inquired if Mayor Cannon owned the property next to Allenbrook, if he would put in a low income producing junkyard or a strip center. He emphasized that ninety (90 %) percent of the problem will be cured in the market place where it belongs. Councilman Dickens stated that a man's basic right to do with his own property what he wishes is what is at stake. Mayor Cannon concurred that if the market place will bear out whatever one wants to put in there, then without zoning that is what will go in. If this area would be zoned for a residential area, the residents of Allenbrook would be assured that no commercial venture of any kind would go in there. The Mayor pointed out that when a subdivision is constructed with zoning in place and there is an area zoned on one side for residential and on the other industrial or business or whatever, the subdivision is constructed and an individual buys on the boundary of the subdivision, then that person has no complaint. This is the thing that Council is faced with now. Councilman Dickens pointed out that Council would still be subjecting itself like the ex -mayor of Katy said to persons who want variances. He continued that he did not see zoning as the panecea that some people invision. He stated that he would much prefer something along the lines of the motion so that the grievances of civic associations and individual homeowners can be addressed because that is who Council needs to protect. However, that can be done on a spot basis as the need arises. Mayor Cannon responded that if Councilman Dickens could illustrate how Council can protect against the things that he had just mentioned, then he might support the motion. Mayor Cannon continued that Council has heard for several years that there is nothing to be done about such things, but perhaps there is new information. Councilman Philips stated that one of the things that Council needs to address is the fact that Baytown is a city that is 50 -60 years old, that the majority of it is in place and what is left is out there south of Interstate 10 which part will develop in an orderly fashion because the price of the land is so high that it will have to be developed very 31110 -9 Minutes of the Regular Meeting - November 10, 1983 very wisely. No junkyard will jump into place out there, but the existing in place city is the thing that Council really needs to look at and realize that to attempt to zone it would be a nightmare. He stated that he had spoken with a former professor at the University of Houston on city planning, and he said that zoning for a city like Baytown would be very very difficult. To further say that Council has the wisdom to go out and put a residential or commercial code on every parcel of property in old Baytown is a nightmare, and he felt that Council should not attempt this hugh task. Councilman Philips suggested that the problems of old Baytown could be solved by adopting ordinances to clean it up, protect it from being occupied with old, delapidated unhabitable places. He continued that he had had many calls, and from those calls, he had conducted a straw vote which vote represented twenty -seven (27) noes and eleven (11) ayes. This represents about the same ratio as the vote in 1969 which indicates very little interest from the citizens of Baytown in zoning. Most of the people realized that there are many problems associated with zoning. One of which is that it will increase the tax rate and cause friction and devisiveness in the city. He felt that zoning would be too costly and the Council Chamber would always be filled with people requesting variances. He couldn't see that as a means to upgrade the city. The way to upgrade the city is to enact ordinances to protect the deed restrictions in place, control noise, traffic, delapidated buildings, com- mercial debris, etc. If all these things were addressed, the city could be measurable improved. Zoning will not transform Baytown into a beautiful city. Council needs to go to work on what is in place because that's where the problem is. Council requested that the motion be read. Mrs. Hall read the motion as originally stated and mentioned that Councilman Dickens had suggested an amendment. Councilman Philips stated that he would include that as part of his motion. Mayor Cannon asked if Councilman Philips had in mind a length of time to delay the discussion of zoning. Would this be an item that would fit under Council's rules where if an item is tabled, it cannot be discussed for six months, and if it is to be discussed again, a majority vote of Council is required? Councilman Philips responded that he had in mind that the matter be permanently tabled. Mayor Cannon clarified that Councilman Philips' motion is that Council will take no further action on zoning. Councilman Philips verified that and added, and that Council go in the alterna- tive direction. Mayor Cannon inquired if that is what Councilman Simmons had seconded. Councilman Simmons responded in the affirmative. Mayor Cannon said that in effect Council was tabling the matter. Councilman Simmons responded that Council would be voting zoning down. Mayor Cannon stated that he had one other comment and that is if zoning were adopted, Council could resolve the problems associated with zoning. He did not feel that zoning should not be approved simply because Council feels that the zoning of certain parcels could not be resolved. 31110 -10 Minutes of the Regular Meeting - November 10, 1983 Councilman Dickens stated that his problem did not rest completely with his personal view. One cannot allow personal views to intrude. For that reason, Councilman Dickens was prepared to go with a referendum /initiative system to allow the people of Baytown a voice. The reason he felt this way was that he had not received one call favoring zoning, but had received numerous calls in opposition. Therefore, his thought was that the way to determine exactly what the people of Baytown wanted was to put the matter to a vote, but failing that, he did not feel that there was a choice. Councilman Johnson suggested that Council could hold a straw vote which would still give the people a chance to express their view and would give Council some direction. Councilman Dickens mentioned that that could also be construed as a misuse of city funds. The City Attorney clarified this was the reason he had suggested that the straw vote be held in conjunction with the regularly scheduled election. Mayor Cannon pointed out that there would be a problem with that because it would put those who are up for re- election in a bad position. Councilan Philips pointed out that if Council would say that the issue is for or against zoning, people will say that they don't know what is meant by that and Council would have to spend the money to develop a comprehensive zoning plan. Councilman Johnson said that he too had received many many calls and that no one had been in favor of zoning. For this reason, he too had favored holding an election and leaving it up to the people of Baytown because if zoning passed and the people didn't like it, they would have no one to'look to but themselves. Councilman Johnson said that he had not witnessed any large groundswell to institute zoning in Baytown and therefore, would favor forgetting the zoning issue completely. Councilman Fuller said that from the beginning he had taken no position at all because he wanted to totally explore and get feedback as much as possible as to the pros and cons of zoning. He has been studying the issue in an attempt to arrive at some conclusions. He really feels that Council as representatives of the people should make a decision pro or con on zoning, but at the same time it would be nice to know how the people of Baytown feel. Two other points that need to be made are that zoning will cost a great amount of money when Council is concerned with making ends meet this fiscal year. Council would like to reduce taxes next fiscal year, and if Council institutues zoning, then it will be necessary to hire more people. There will be a tremendous increase in work load, taking the present staff away from some of the more impor- tant things like the bond program. In addition to that there is one thing that is being overlooked. Council has been talking about deed restrictions and the people in the community which primarily deals with residential. What Council needs to consider as well is that Baytown is a viable community that wants to grow and the only way that Baytown can grow is for new business to come to Baytown. 31110 -11 Minutes of the Regular Meeting - November 10, 1983 If Council puts any criteria there or any indefiniteness about what they can do, Council will actually discourage business and discourage some of the far thinking of what can be done to expand the community. Council cannot expand just the residential without expanding the business and the services along with it. He emphasized that he would hate to see Council do anything that would curtail that type activity. He concluded by saying that he would hope that any new development would include very good deed restrictions, following the city's codes and even going beyond the codes. He further stated that Council should do something by ordinance to deal with the shortcomings. For those reasons, at this time, he felt that he could not support zoning. Councilman Simmons stated that he would make no further remarks other than those made at the last Council meeting which definitely indicated his opposition to zoning. Joe Lorenz, President of Mollie Knowlton Civic Association, addressed Council on behalf of himself and the association. He stated that he was really at a loss as what to say because the issue being discussed is an emotional one as far as the people are concerned. It's not a matter of real estate or commercial development or residential. It is a matter that impacts the people who are being affected by a lack of zoning. These people are people who own homes and who have their lives tied up in those homes. He continued that he lives on Donovan. In that subdivision, there are very good deed restrictions and those restrictions are enforced. If one looks 40 feet to the west, there are warehouses; 40 feet to the east there is a public housing project, while another 40 feet, there is Alexander Drive; a little bit north there is a skating rink. Regardless of how much the deed restrictions are enforced, there is no control over what goes on outside the subdivision. Mr. Lorenz said that he understands the points that were made, that he empathizes with Council and the fact that Council would have a very difficult time enforcing a zoning ordinance, but he suggested that as the City of Baytown expands that the people that move into the Donovan Street area must be protected. Councilman Philips responded that he proposed to do that by going ahead and implementing an agency in Baytown which would be responsible for enforcing the subdivision covenants. Mr. Lorenz responded that he understood what Councilman Philips was saying, but there is no ordinance that would prevent the warehousing on Beaumont, nor an ordinance that would keep a bar from being established on Ward at Beaumont. There are no ordinances to prevent all the commercial develop- ment around a residential area. Councilman Philips responded that if one were to take the warehouse on Beaumont, the man who owns that property could always ask for a variance if the property were not zoned commercial to begin with. 31110 -12 Minutes of the Regular Meeting - November 10, 1983 Mr. Lorenz responded that what he was asking from Council is where is the homeowners relief. He stated that Council is voting to table the issue and by tabling the issue, Council is saying that Council does not want to vote on it, and he asked that if Council is opposed to zoning that Council say that. Councilman Philips said that he was of the opinion that is what Council was saying; Councilman Dickens added that he didn't feel that Council is tabling anything. Mr. Lorenz inquired of Councilman Dickens how a small homeowner would be hurt by zoning. Councilman Dickens responded by stating that businessmen look at any sort of regulation as a cost to be passed on to the consumer. Zoning is a cost and that would be passed on. If development is discouraged by zoning, the tax base is limited which increases the property taxes for the small homeowner. If deed restrictions are strengthened or re- enacted, which has been discussed by Council, this would achieve the same result without these negative side effects. Mr. Lorenz said that when one is speaking of commercial or industrial development, one is not talking about skating rinks, mini warehouses, etc. Councilman Dickens said that San Jacinto Mall is a perfect example. The mall, at a time when industry was laying off people, employed 3,000 people. That's not industrial development; that's commercial. The mall has also increased the tax base. Taxes had to be increased. If it had not been for the approximate 22% increase in sales tax revenues since the mall was opened, taxes would have been increased further. Mr. Lorenz stated that the issue of zoning is dead as far as Baytown and Council are concerned; therefore, he requested that existing ordinances be enforced and if necessary, new ordinances be adopted to better protect the citizens of Baytown. Councilman Dickens suggested that the civic association develop a list of problems and bring those to Council. He stated that that was the purpose of Council -- to look out after the good of the people. Mr. Lorenz stated that his personal opinion is that zoning is necessary for the City of Baytown, and if one cannot enact zoning for existing boundaries, then it should be enacted for future boundaries -to protect the homeowner. Mayor Cannon inquired how the administration would be able to enforce all deed restrictions and enforce all the new ordinances that are being proposed without added costs. Councilman Philips felt that the costs to maintain deed restrictions would not equal the costs of zoning. Councilman Simmons suggested that it would be a simple matter to enforce deed restrictions. This could be done when an individual or developer comes in for a building permit. When the application is made for building permit, that application can be forwarded to the City Attorney to sign off on with regard to the deed covenants. The way it is now the individual signs an affidavit that no subdivision covenants are being broken. If that affidavit is signed, the building permit is issued. He felt that it would be very easy for the legal staff to check this out. The vote follows: 31110 -13 Minutes of the Regular Meeting - November 10, 1983 Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Nays: Mayor Cannon Councilman Philips stated that he would like to see on the next agenda and continuing there an item which addresses this need to get on with these ordinances. Mr. Lanham responded that the Administration could give Council a list of items that Council may want to consider. Councilman Philips said he would like attention to be given to mobile home restrictions, look at these overseas metal containers, commercial debris, etc. Councilman Fuller suggested that Council talk about these various possibilities at the next Council meeting. Consider Proposed Ordinance, Amending the Code of Ordinances To Require all Residential Water and /or Sewer Customers to Maintain City Garbage Service The ordinance that establishes regulations for garbage service contains no provisions that that service is available to each citizen of Baytown and that everyone should pay for the service. The ordinance provides no exemption, but it has been the policy that if an individual comes in and establishes water and sewer, but states that no garbage pickup is necessary, they are not charged for the service. The staff has checked the records which reveal that there are about 300 water accounts that do no pay a garbage charge. In some cases, these are uninhabited residences; the recom- mendation is that the proposed change exclude those residences. The staff verified that about one -third of the 300 accounts mentioned do put garbage out. These accounts are all located on established routes which run twice weekly. The operators are not responsible for checking routes to determine whose garbage is to be handled. Therefore, the Administration recommended that the ordinance be amended to be very specific that the service is available and all citizens of Baytown will pay for garbage pickup. The change will specify that each occupied residential unit shall be charged a sum of $8.00 which shall be collected regardless of whether refuse is collected from that location. Provision is made for the owner of an unoccupied residential unit to certify in writing to the collections office that the unit is unoccupied, and in those cases, no charge will be made during the time the residence is unoccupied. There are cases where individuals put their homes up for sale, but do not disconnect water service. In those cases, the individual would be charged the minimum for water and sewer, but would not be charged the garbage fee. The Administration recommended approval of the ordinance which is to become effective with the first billing in November. Councilman Fuller 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 31110 -14 Minutes of the Regular Meeting - November 10, 1983 ORDINANCE NO. 3714 AN ORDINANCE AMENDING CHAPTER 14, "GARBAGE, TRASH, AND BRUSH ", OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN REQUIRING THE CHARGE FOR COLLECTION FOR ALL RESIDENTIAL UNITS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Request by Johnny Nelms for Sewer Connection at Garth Road and Interstate 10 Mr. Nelms' request is to tie in to the City of Baytown sewer main on Garth Road at Interstate 10 East for the purpose of a new business called Coyboy Country, U.S.A. which business is to be located east of Barkuloo Road. Mr. Nelms has indicated that he would be willing to pay the cost of a lift station and the force main over to the City of Baytown's sewer line, plus $7,346 connection fee. Since additional customers in that same area would not be able to tie into a force main, the ideal thing would be to have a gravity flow line there, but that would cost a great deal more which difference the city would have to fund. Normally, a gravity flow line will cost in the neighborhood of $20 to $25 per foot. There is about 7,500 feet involved here, but only 21000 feet would be gravity flow. The lift station and a portion of force main would still be necessary. As long as the line and lift station are used solely by Mr. Nelms, the city would not assume the responsibility for maintenance. If others tie on and the lift station and lines are constructed according to City of Baytown specifications, the city will accept the responsibility of maintenance at such time as the facility becomes public. Norman Dykes, City Engineer /Director of Public Works, said that the costs for a gravity flow line would be too great, but perhaps what could be done is to take bids for a larger force main and as others wanted to tie in, the lift station could be enlarged at their expense. The Administration recommended approval of the request, and authorization to advertise for bids for the size force main needed to serve Mr. Nelms and for an oversized force main to allow those persons who desire to tie into the lift station in the future that option. Councilman Fuller moved to approve Mr. Nelms' request and to authorize the Administration to work with Mr. Nelms to develop plans and specifications and go out for bids as recommended, but no work will be authorized until the connection fee is received. Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None 31110 -15 Minutes of the Regular Meeting - November 10, 1983 Consent Agenda The Administration requested that Item f, "Consider Proposed Ordinance, Awarding Contract for Demolition at 214 West Texas," be removed from consideration. The Urban Rehabilitation Board has indicated that they would like for this item to be postponed since the property has recently changed hands and the new owner would like a month to bring the building up to standard. Council had no objections as long as the new owner began work on the structure in a timely fashion. Council then considered the Consent Agenda Items a through a as follows: a. Proposed Ordinance No. 31110 -2, will award the bid for the annual auto fittings contract. Bids were mailed to (7) seven vendors of which we received proposals from four companies. Baytown Oil Sales submitted the low bid of $12,879.02. We recommend the low bidder, Baytown Oil Sales, be awarded this contract. b. Proposed Ordinance No. 31110 -3, will award the bid for the annual automotive electrical fittings contract. Bids were mailed to eight vendors and the city received proposals from five vendors. The low bid was that of Baytown Oil Sales in the amount of $1,089.49. We recommend the low bidder, Baytown Oil Sales, be awarded this contract. C. Proposed Ordinance for a portable air to twelve vendors. Embry Engine and E, bid of $6,879.00. for this purchase. No. 31110 -4, will award the bid compressor. Bids were mailed Five bids were received. quipment Co. submitted the low Council has budgeted $10,400 We recommend the low bidder, Embry Engine and Equipment Co., be awarded this contract. d. Proposed Ordinance No. 31110 -5, will award the contract to replace 4" water meter at Ross S. Sterling High School. The city mailed bids to ten vendors; three bids were received. M. S. Young Co., Inc. submitted the low bid of $4,252.00. Council has budgeted $10,000 for this replacement. We recommend the low bidder, M. S. Young Co., Inc., be awarded this contract. 31110 -16 Minutes of the Regular Meeting - November 10, 1983 e. Proposed Ordinance No. 31110 -6, will award the bid for the annual masonry, paint, lumber, and construction materials contract. Bids were mailed to fourteen vendors and four bids were received. Deer Park Lumber Company was the low bidder who met specifi- cations on Items 1 and 2. Furrow Building Materials was the low bidder who met specifications on Item 3. The total of the bid amount was $26,712.98. We recommend the low bidders, Deer Park Lumber Company (Items 1 and 2) and Furrow Building Materials (Item No. 3) be awarded this contract. Councilman Dickens moved for adoption of the Consent Agenda Items a through e; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3715 AN ORDINANCE ACCEPTING THE BID OF BAYTOWN OIL SALES FOR THE ANNUAL AUTO FITTINGS CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWELVE THOUSAND EIGHT HUNDRED SEVENTY NINE AND 021100 ($12,879.02) DOLLARS. (Proposed Ordinance No. 31110 -2) ORDINANCE NO. 3716 AN ORDINANCE ACCEPTING THE BID OF BAYTOWN OIL SALES FOR THE ANNUAL AUTOMOTIVE ELECTRICAL FITTINGS CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ONE THOUSAND EIGHTY NINE AND 49/100 ($1,089.49) DOLLARS. (Proposed Ordinance No. 31110 -3) ORDINANCE NO. 3717 AN ORDINANCE ACCEPTING THE BID OF EMBRY ENGINE AND EQUIPMENT COMPANY FOR THE PURCHASE OF A PORTABLE AIR COMPRESSOR AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SIX THOUSAND EIGHT HUNDRED SEVENTY NINE AND N01100 ($61879.00) DOLLARS. (Proposed Ordinance No. 31110 -4) ORDINANCE NO. 3718 AN ORDINANCE ACCEPTING THE.BID OF M.S. YOUNG COMPANY, INC. TO REPLACE A 4" METER AT ROSS STERLING HIGH SCHOOL AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FOUR THOUSAND TWO HUNDRED FIFTY TWO AND N01100 ($4,252.00) DOLLARS. (Proposed Ordinance No. 31110 -5) 31110 -17 Minutes of the Regular Meeting - November 10, 1983 ORDINANCE NO. 3719 AN ORDINANCE ACCEPTING THE BID OF DEER PARK LUMBER COMPANY AND FURROW BUILDING MATERIALS FOR THE ANNUAL MASONRY, LUMBER, PAINT AND CONSTRUCTION MATERIALS CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY SIX THOUSAND SEVEN HUNDRED TWELVE AND 98/100 ($26,712.98) DOLLARS. Proposed Ordinance No. 31110 -6) For tabulations, see Attachments "B" through "F. Recess into Executive Session to Discuss Contemplated Litigation Mayor Cannon recessed the open meeting into executive session to discuss contemplated litigation. When the open meeting reconvened, the following business was transacted: Consider Proposed Ordinance, Authorizing City Attorney to Make Offer for Acquisition of Property on Airhart Drive And Authorizing Condemnation if Offer Is Rejected Councilman Philips moved to adopt the ordinance; Council- man Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3720 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR THE SUM OF THREE HUNDRED FIFTY EIGHT THOUSAND ONE HUNDRED SIXTY AND N01100 ($358,160.00) DOLLARS TO THE OWNER OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF PARK PROPERTY WITHIN THE CITY OF BAYTOWN; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Schedule Meetings for November /December The City Manager mentioned that at the last Council meeting, Council had agreed that the second regular meeting for November would be held either Monday, November 21 or Tuesday, November 22, depending on Mayor Pro Tempore Wilbanks. The Mayor Pro Tempore has been contacted and that meeting will be held on Monday, November 21, 1983. 31110 -18 Minutes of the Regular Meeting - November 10, 1983 Council had also decided to hold the meetings in December at the regularly scheduled times; however, on December 9, the City Manager will be attending a meeting in Phoenix and Mayor Cannon will be out on December 8. In past years, Council has scheduled only one meeting in December with the understanding that a special meeting would be called if necessary. Council scheduled the meeting in December for Wednesday, December 14. Adjourn There being no further business to be transacted, the meeting was adjourned. 4�� -J to, xz'::t-� Eileen P. Hall, City Clerk Attachment "A" M E M O R A N D U M TO: MAYOR AND C I TY CD— \C 1 L FRCM: RANDALL B. STRONG, CITY ATTORNEY SUBJECT: PROCEDURE TO ADOPT ZONl W.2 ORDINANCE DATE: IJ'iVENSER 8, 1983 The following sucrmary of steps necessary for the adoption of a zoning ordinance may be helpful to City Council in determining how to proceed on this issue: 1. City Council appoints a Zoning Commission. There are no guidelines or limitations on the number of members, but it is necessary the City Council, as opposed to any third party, appoint the Zoning Commission. City Council may, but is not required to, appoint the existing Planning Commission as the Zoning Commission. 2. The Zoning Commission prepares a preliminary zoning plan. This should divide the City into districts, designate the appropriate uses for each district, and establish reaulations for the various districts. 3. The Zoning Commission then must hold a public hearing on the proposal, with at least fifteen (15) days notice of the hearing being published in the paper. 4. The Zoning Commission makes any revisions it deems necessary and prepares a final report, which is submitted to City Council. 5. Only after receiving the final report from the Zoning Corrmission may City Council take action. The City Council must first also hold a public hearing on the proposed zoning ordinance. (The City Council can, by ordinance, provide for a joint hearing of the Zoning Corrmission hearing and its hearing, so it is possible this step can be combined with step no. 3.) 6. After making such revisions as it deems necessary, City Council then votes on the Zoning Ordinance. There -is no provision in the statues for the appointment or use of any other corr ittees to hear citizens or prepare information concerning zoning. As such a group would have no authority unnecessar, of a step invalidate As to to zoning, or power, creation of such a group would seem �. Furthermore, as such an act would be the addition not.contemplated by state statue, such action may the entire procedure. the question of determining the citizens' desires as the council has these options: 1) As duly elected representatives of the voters, City Council may of course adopt a zoning ordinance on its own (following the procedures outlined above). 2) City Council may submit the proposition to the voters in the form of a straw vote in order to determine the feeling of the citizens. If the citizens supported zoning, City Council would still have to follow the procedures listed above. z �z oo_ aQ m Z:)MM W o� Q W U W U < cc F- z a U GA V Z H O J C z z a 7 M a. 0 0 N J W -C < � n n 0 L-L 3 CL w CL co Ln o 1.11 II�III 1T L E. NNUAL AUTO FITTINGS CONTRACT 31D: -1/839 -911 )ATE: 11 -1 -83 2:00 P.M. CITY OF BAYTOWN BID TABULATION Attachment "B" TEM QTY UNIT DESCRIPTION BAYTOWN OIL SALES AMATRON CORP. KAR PRODUCTS MELCO ELECTRIC CO. UNIT EXTENDED UNIT EXTENDED_ UNIT EXTENDED U141 EXTENDED I 1 —lot ANNUAL- AUTO FITTINGS CONTRACT er specifications 2 *S7 723-97 A $ 15,1160. Z 4 NO D I D SPECIAL CONDITIO S: `Does not Megt specs, *Prices f rm for - Did not q rote many six mont is. sections. DELIVERY: 5 days 7-10 days 3 days TOTAL: $12,879.02 $7,723.97 $15,460.74 GROSS TOTAL LESS DISCOUNT NET TOTAL TER P DELIVERY TIT L E. ANNUAL AUTOMOTIVE ELECTRICAL FITTING CONTRACT 31D: 8 1C1- 91 )A-rE: 11 -1 -83 2:00 P.M. CITY OF BAYTOWN BID TABULATION ITEM QTY UNIT DESCRIPTION K & N ELECTRIC INC. AMATRON• BOWMAN DISTRIBUTION A.I.P. PRODUCTS UNIT EXTENDED UNIT EXTENDED uniT EXTENDED UNI T CXTEIIDEI) 1 1 lot ANNUAL. AUTO $1 ,051 .86 DID NOT RE POND DID NOT R :SPOND DID NOT RI SPOND 1 f TT I N+ CONTRAC X, per s ecificati ns. DELIVERY: same day SPECIAL CONDITIONS* *Dod lint begi some items, an I did not — 1) id two sections TOTAL: $1,051.86 GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS nFI IVFRY 1� I TITLE. ANNUAL AUTOMOTIVE ELECTRICAL FITTING CONTRACT 31D: 8839 -9s )ATE: 11 -1 -83 2:00 P.M. CITY OF BAYTOWN BID TABULATION Attachment "C" DESCRIPTION TIFCO INDISTRIES ITEM QTY UNIT UNIT EXTENDED UNIT PIiIrr EXTENDED UNIT EXTENDED UNIT CXTENDED I 1 tot ANNUAL-AUTOMOTIVE FLEETRICAI FITTING CONTRACT, per s ecifications. $2,959.211 $19089.119 $3,6511-85 $2,052.11 DELIVERY: 2 days 5 days _ 3 days 1 to 3 days TOTAL: $2,959.24 1,089.49 654.85 $ 2,052-11 Qed-, werg, Mailed -to eight vendors and five vendors responded. GROSS TOTAL LESS DISCOUNT NET TOTAL TER'_ ncl IVr7AY TITLE: ;PORTABLE ID: 9839 -93 AIR COMPRESSOR DATE: 10 -20 -83 2:00 P.M. CITY OF BAYTOWN BID TABULATION ITEM QTY UNIT DESCRIPTION COLEMAN COMPRESSOR BACRAC•SUPPLY TRECO INC. NI -WAY EQUIPMENT NIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT CXTEIIOED 1 1 each PORTABLE AIR COMPRESSOR, per NO BIO 1145.00 $6,700.00* $6,994.On specifications. MODEL: JOY GRIMMER SCHM DT JOY SPECIAL CONDITIONS: � Does not icCt CFM r'cqu i mnfe t Ls and dQCS not inclule tachometer GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS nct wrpY $7,445-00 *$6,700.00 $6.9911.00 30 days 30 days 30 days TITLE: PORTABLE AIR COMPRESSOR f31D: !,Big -q3 DATE: 10 -20 -83 2:00 P.M. CITY OF BAYTOWN BID TABULATION Attachment "D" ITEM QTY UNIT DESCRIPTION PRECO EQUIPMENT BAYTOWN RENTALS EMBRY ENGIN E E UI M EN1 TIDE-AIR UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED I 1 each PORTABLE AIR COMDR . SSOR _ Per snecificati ons, NO BID NO BID 6 .2U 2.00 58.20.1. Of) MODEL: INGERSOLL RAID TLAS COPOC Bids mailed to twelve vendnrs and received proposals from five companies. GROSS TOTAL LESS DISCOUNT NET TOTAL TER DELIVERY $6 879.00 $8,209.00 28 - t1 =-days 21 days 1- 11 -LE: ANNUAL MASONRY, LUMBER, PAS-) L CONSTRUCTION ID. #8110 -02 DATE: E= 11 -3 -83 2:00 P.M. CITY MATERIAL b I D OF BAYTOWN TABULATION Attachment "F" ITEM QTY UNIT DESCRIPTIO14 DEER PARK LUMBER CO. WHITE SUPPLY CO. FURROW BUILDING MAT. BARKER'S 11011E CENTER UNIT EXTENDED UNIT PRICE EXTENDED pF1IrF UNIT PRICE EXTENDED pflIrF UNIT ERICE EXTENDED PRICE--- - ANNUAL MASONRY LUMBER PAINT AND CONSTRUCTION MATERIALS CONTRACT, per specifications. 1 1 lot Masonry and Conslrtiction $ 9,214.50 $13,088.25 $9,236.00 NO BID Material 2 1 lot Lumber and Construction $15,013.48 NO BID 18,981.80* NO BID Material 3 1 lot Paint ms 7 515-0n* ! h0 nl0 DELIVERY: 1 day 1/2 day i day SPECIAL CONDITIONS: *Prices IF rm for -.Prices firm for *Prices of lumber 90 days 90 days change a. market dictates $25.00 Delivery charge. TOTAL: $26,7112.98 $13,088.25 $30,702.80 NO BID Bids were mailed to 14 vendors 4 responded with proposals. GROSS TO-FAL LESS DISCOUNT NET TOTAL TERMS nELIVERY I• r L E , REPLACING 4" METER AND BYPASS AT ROSS 11D: -- IATE: 11 -3 -83 2:00 P.M. CITY OF BAYTOWN STERLING HIGH BID TABULATION Attachment "E" TEM QTY UNIT DESCRIPTION yniflir ARTEX CONSTRUCTION CO. H. B. HAMILTON CONST. SOLESBEE CONSTRUCTI(I NIT PRICF _ EXTENDED PRIrE UNIT EXTENDED UNIT EXTENDED WIT EXTENDED 1 1 lot REPLACING 4" METER AND METER $li.252.00 $4,967.00 $5,112.00 no bl(I BYPASS AT ROSS STERLING HIGH SCHOOL Pei, specifications, 11 30 clays, 70 days TOTAL: $40252.00 $4,967.00 $5,112.00 Bids were mailed to 10 vendors 3 responded with proposals. GROSS TOTAL LESS DISCOUNT NET TOTAL TERP r% �l Ivt-DY I-r L &IUAL MASONRY, LUMBER, PAINT 6 CONSTRUCTION MATERIALS SID: #11310 -02 11-3-83 2s90 P M. CITY OF BAYTOWN BID TABULATION TEM QTY UNIT DESCRIPTION BARBEE PAINT CO. McCOY BUILDING SUPPLY NIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT CXfErlU�O _FRIG ' ANNUAL MASONRY, LUMBER, PAINT AND CONSTRUCTION MATERIALS CONTRACT, per specifications. _ 1 _ 2 3 1 1 1 lot lot lot Masonry and Material Lumber and ConstrucLinn Material Paint NO BID NO BID $3,770.00 NO BID NO BI -D NO BI DELIVERY: 1 day TOTAL: $3,770-00 GROSS TOTAL LESS DISCOUNT NET TOTAL TERP DELIVERY