1987 11 24 CC MinutesMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY 0D' BAYTOWN
November 24, 1987
The City Council of the City of Baytown, Texas, met in
regular session on Tuesday, November 24, 1987, 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
Ron Embry
Roy Fuller
Rolland J. Pruett
Emmett O. Hutto
Fritz Lanham
Bobby Rountree
Randy Strong
Eileen P. Hall
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
The meeting was called to order with a quorum present. The
invocation was offered by Councilman Pruett, after which the
following business was conducted:
Consider Minutes of Regular Meeting Held November 12, 1987
Councilman Philips moved for approval of the minutes for the
meeting held November 12, 1987. Councilman Embry seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
W
71124 -2
Minutes of the Regular Meeting - Nov. 24, 1987
Citizen's Communications:
a. Dr. Mark Brister, Pastor of Memorial Baptist Church, would
like to discuss possible amendments to the Adult Commercial
Establishments and Alcoholic Beverages Chapters of the Code of
Ordinance - Dr. Mark Brister, Pastor of Memorial Baptist Church,
appeared before council presenting letters from several churches
and from the executive board of the San Jacinto Baptist Associa-
tion comprised of 31 area Southern Baptist Churches and 14
Baytown Southern Baptist Churches, along with a petition signed
by persons residing in the area of Nicki D's stating opposition
to any club within the Baytown area which will allow on the
premises sexually explicit behavior, nudity, or any exposure of a
pubic region or of female breasts, or any conduct that appeals to
a prurient interest in sex and nudity.
Dr. Brister requested enforcement of Article 2, Section 2
1/2 -14 and Section 2 1/2 -27 as pertains to Nicki D's Club, 2232
Alexander Drive and requested that measurement stipulations be
added to Section 4 -6 from Section 2 1/2 -14d. He also requested
that the Mayor and Chief of Police provide written public notice
in the Baytown Sun of any requests for sexually oriented enter-
prises made to the Texas Alcoholic Beverage Commission in Baytown
or by Section 2 1/2 -16. He pointed out that although the appli-
cation of Nicki D's had been withdrawn, there would be nothing to
preclude a future application of this kind.
Mayor Hutto explained that this is a very complex matter
which would need research by the Legal Department.
Randy Strong, City Attorney, explained to Dr. Brister that
when the adult commercial establishments ordinance was adopted,
the exception to the sexually oriented commercial enterprises
article was put in purposely, not because council desired that
that be included, but because the U.S. Supreme Court and the
Texas Alcoholic Beverage Code prempted local authority.
Mayor Hutto suggested that the administration research this
matter so that council would know its options.
Councilman Simmons moved to accept Dr_ Brister's submission
and to refer it to the legal department for research. Councilman
Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
71124 -3
Minutes of the Regular Meeting - Nov. 24, 1987
(` Recess
Mayor Hutto called for a three minute recess to allow those
in attendance who needed to leave the meeting to do so. When the
open meeting reconvened the following business was transacted:
b. Rocky Rodriquez, 601 W. Cleveland, will discuss economic
development - Mr. Rodriquez indicated that council was giving
mixed signals with regard to Texas Avenue. He mentioned specifi-
cally the request of Mr. Lenamond for a variance and asked that
something be done with the planters on Texas Avenue which he felt
are in violation of Section 17 -3, Obstruction of View, and
Section 18 -67, Obstruction of Rights of Way of the Code of
Ordinances. Mr. Rodriquez felt that council should grant the
variance and encourage Mr. Lenamond and others to invest on Texas
Avenue.
Mr. Lanham responded that Mr. Lenamond has an appointment to
meet with the administration on his request to refurbish one
floor at a time. He also informed Mr. Rodriquez that the Plan-
ning Department is developing a study on the possible use of the
tax abatement vehicle for redevelopment purposes. This would be
a different type policy than the one previously adopted. A
report will be presented to the council in the future on how that
may be accomplished.
In response to an inquiry by Mr. Rodriquez, Mr. Lanham
explained that under the current tax abatement policy, a regional
entertainment center would be something like a sports center that
would bring people in from a large area. In other words, a
gymnasium to serve the community would not be eligible. The
purpose of tax abatement is to draw people who would not other-
wise be spending money in Baytown to the community. A policy to
help Texas Avenue would entail an entirely different approach.
Consider Proposed Ordinance, Establishing Regulations for Main-
tenance of Private Sewer Lines
Mr. Lanham explained that due to the enforcement order that
the city is under to reduce infiltration and inflow in the
Central District, the city has been working on locating those
areas and repairing the areas where the city is responsible. In
order to solve the problem of infiltration and inflow in the
resident's line, the administration has drafted an ordinance for
council consideration. However, the administration felt that
council would simply wish to review the ordinance, indicate
71124 -4
Minutes of the Regular Meeting - Nov. 24, 1987
possible changes, and the administration would bring the
ordinance back to council at the next meeting.
The City Attorney explained to council that a new draft of
the ordinance had been placed at each council place. Under
Section 3 a change had been made to provide that the City of
Baytown would make repairs to lines under the street or under
paved alleys for which the resident would pay the cost of $175 to
perform, because the city would not want a plumber working under
a city street. Sub - paragraph 4 provides that if the owner does
not have the problem remedied, the city may terminate the owner's
water and /or sewer service to that structure. Whenever service
has been terminated for noncompliance it will be necessary for
the resident to pay the tapping fees to have the service recon-
nected. Also, the ordinance provides for a maximum penalty of
$2,000 for the entire chapter.
Councilman Philips pointed out that by the city cutting off
sewer service this would appear to transfer the problem.
Therefore, he would like to see the ordinance changed to provide
for disconnection of water service only. If the water is discon-
nected this will not cause a health problem. If sewer service is
disconnected this could mean sewage running in yards. The other
area that he questioned was alloting 90 days notice. He could
see where the process could extend to six months. Therefore, he
suggested reducing the 90 days to 30 days and be more specific
about what the city will do for noncompliance.
The City Manager explained that the reason for including the
provision that sewer service would be disconnected is that there
are a few customers who do not have water service, but who do
have sewer service. Therefore, the suggestion was made that the
ordinance be changed to provide that if the customer has water
service and does not comply, the water service will be discon-
nected. However, if the customer only has sewer service then
that service will be disconnected.
The City Manager suggested perhaps the ordinance could be
altered to indicate that the first step for non - compliance would
be to disconnect water service.
Mayor Hutto questioned the provision that if the line is
under a city street or alley the City of Baytown will make the
repair and charge the customer $175. Be felt that a line being
under a city street could weaken the other portion of the line.
Therefore, he suggested that the city require the resident to pay
only for the portion of the line on the resident's property.
71124 -5
Minutes of the Regular Meeting - Nov. 24, 1987
Councilman Simmons inquired how hardship cases could be
addressed. Mayor Hutto suggested that those be addressed on a
case by case basis and allow those persons to pay out over a
period of time.
In this connection, the City Manager reviewed a status
report on the sanitary sewer smoke testing and repairs. That
report showed 28 main line leaks and 3 service line leaks in Fair
Park Subdivision. Glen Meadow Subdivision had 34 main line leaks
and 15 service line leaks. Middletown Subdivision had 14 main
line leaks and 64 service line leaks. Jones Subdivision had 5
main line leaks and 12 service line leaks. Wynnewood Subdivision
had 5 main line leaks and 15 service line leaks. Lawndell Subdi-
vision had no main line leaks and 8 service line leaks. Central
Heights Subdivision had 71 main line leaks and 37 service line
leaks. Busch Terrace Subdivision had 1 main line leak and 8
service line leaks. Wright Subdivision had 23 main line leaks
and 33 service line leaks. Pruett Subdivision had no main line
leaks and 39 service line leaks. Southwest Subdivision had 17
main line leaks and 2 service line leaks. Crepe Myrtle Subdivi-
sion had 52 main line leaks and 26 service line leaks. There
were a total of 250 main line leaks and 262 service line leaks.
Council had been furnished with a complete report in their
packets.
In response to an inquiry from council, Norman Dykes,
Director of Public Works /City Engineer, stated that the 90 day
period was from the time of notification to turn off which he
felt was fair. Councilman Embry stated that the intent should be
to use disconnection of water service first and disconnection of
sewer service as a last resort. The administration will work on
the ordinance and bring it back to council at the next meeting.
Consider Approval of 1987 -88 Drainage List
The 1987 -88 City of Baytown budget includes $150,000 for
drainage work. The first item on the drainage list, completion
of sidewalks along Fairway Drive, has already been completed.
The administration recommended approval of the proposed 1987 -88
Drainage Projects which included 16 items and a contingency of
$33,400 for a total of $150,000.
Councilman Philips moved to approve the 1987 -88 Drainage
List; Councilman Fuller seconded the motion.
Councilman Pruett stated that originally about $18,000 had
been budgeted for the Fairway Drive project, and the bids had
come in at $13,000 or $14,000. Therefore, he wondered if some of
71124 -6
Minutes of the Regular Meeting - Nov. 24, 1987
those funds could be used to finance sidewalks around elementary
schools. One in particular along Lee Drive is a small project
and would only cost anywhere from $3,000 to $4,000. Mr. Lanham
stated that funds could be transferred to other areas, but
presently the staff is preparing a study on sidewalks around
public schools and would report back to council in the future.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
The 1987 -88 fiscal year Drainage Project List is attached to
the minutes as Attachment "A."
Consider Approval of Goose Creek Stream Plan
One of the ten elements included in the Baytown 2000
Strategic Plan included improvements to Goose Creek Stream.
Bobby Rountree, Assistant City Manager, explained that the Goose
Creek Stream Plan being proposed is simple but flexible. The
plan will provide areas of natural and designed beauty, points of
historical significance and limited development that will allow
users access to the stream. In the past, there have been recom-
mendations for the construction of dams, as well as the creation
of fresh water lakes. These alternatives are not out of the
question, but either would take a considerable amount of time and
money to accomplish. Efforts to change the stream's current
condition either through dams or dredging would be very difficult
due to the permit requirements of the Corps of Engineers. There-
fore, the recommendation is to proceed with a simpler step by
step approach. This plan will be preclude more extensive
development of the stream in the future.
The Parks and Recreation Board has reviewed and approved the
plan. They have requested that Parks and Recreation Board
member, Ms. Bennie Kadjar, be appointed to the Goose Creek Stream
Committee.
Councilman Philips stated that this is a golden opportunity
to get started on the Baytown 2000 Plan. This a very realistic
project and he requested that the Strategic Planning Committee be
given the opportunity to give this project its first phase
startup effort. He stated that he had been in contact with
Minutes of the Regular Meeting - Nov. 24, 1987
elMll d. Proposed Ordinance No. 71124 -5,
subscription to Magazine Index in
The library has subscribed to
years. If offers rapid access to
ical resources. It is a sole sou
We recommend approval.
71124 -9
authorizes renewal of
the amount of $2,482.
this service for nine
the library's period -
rce of this service.
Councilman Johnson moved for approval of the Consent Agenda
Items "A" through "D." Councilman Pruett seconded the motion.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
Ordinance No. 4869
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO SSPC, INC. FOR THE
REPAIR AND REPAINTING OF THE JAMES STREET ELEVATED WATER STORAGE
TANK; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed
Ordinance No. 71124 -2)
Ordinance No. 4870
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO SOLESBEE CONSTRUCTION
COMPANY FOR THE FAIRWAY DRIVE SIDEWALK PROJECT; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 71124 -3)
Ordinance No. 4871
AN ORDINANCE OF THE CITY COUNCIL OF THE
AUTHORIZING THE PAYMENT OF THE SUM OF TWO
NO 1100 ($2,069.00) DOLLARS TO DICTAPHONE,
FOR MAINTENANCE AGREEMENTS FOR POLICE D]
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
71124 -4)
CITY OF BAYTOWN, TEXAS,
THOUSAND SIXTY -NINE AND
INC. AS THE SOLE SOURCE
EPARTMENT EQUIPMENT; AND
(Proposed Ordinance No.
71124 -10
Minutes of the Regular Meeting - Nov. 24, 1987
Ordinance No. 4872
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF THE SUM OF TWO THOUSAND FOUR HUNDRED
EIGHTY -TWO AND NO 1100 ($2,482.00) DOLLARS TO INFORMATION ACCESS
COMPANY AS THE SOLE SOURCE FOR A MAGAZINE INDEXING SYSTEM FOR THE
STERLING LIBRARY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
(Proposed Ordinance No. 71124 -5)
Consider Appointments to Cultural Arts Council
These appointments will be made at a future meeting.
Consider Appointment to Electrical Board
This appointment will be made at a future meeting.
City Manager's Report
Baytown's 40th Birthday - A committee is working on activi-
ties for the celebration of Baytown's 40th birthday. Council was
asked to mark their calendar for January 17.
Anheiser Busch Waste
Texas Health Department has
tion from Anheiser Busch
The existing permit has
company, and this renewa
permit active in the event
location again.
Disposal Application - The State of
provided notice of a renewal applica-
for property north of Interstate 10.
been suspended at the request of the
L application is a method to keep the
the company elects to operate at this
Central District Contracts - The treatment plant is about
60% complete. Rehabilitation of the collection system is about
97% complete, and lift station modifications are about 75%
complete. There are eight lift stations involved and five have
been placed in service.
Smoke Testing and Sanitary Sewer Repairs - City crews have
found 250 main line leaks and 262 service line leaks; 84 have
been repaired. There is a crew working full time on this. The
city will be involved in this work for several months.
71124 -11
Minutes of the Regular Meeting - Nov. 24, 1987
Drainage - Five stubouts have been installed along Fairway
Drive for future crossings. Also, additional inlets have been
installed at the end of Huggins Street.
Comments and Questions
inquiry from council, Norm,
Engineer, reported that the
to be replaced and would be
He indicated that there was a
added to a contract currently
lines.
of Council - In response to an
an Dykes, Public Works Director /City
water line on Britton Street needed
replaced when funds were available.
good possibility for the line to be
out for bids on the east side water
Also, council inquired about the extent of the authority of
the Health Department with relation to the Slapout Gully area.
The City Attorney explained that on matters outside the city
limits, the Health Department must work with the county because
Baytown has no jurisdiction in health matters in that area. With
regard to the problem in Lynchburg, the city has had representa-
tives at each of the neighborhood meetings. Councilman Philips
added that the application for that operation came before H -GAC
and H -GAC did not approve it.
Council requested that the administration draft a resolution
opposing the application of Bio Waste Management, Inc. for solid
waste disposal permit.
Adjourn
There was no need
further business to be
adjourned.
3 -1 -28
to hold an executive session, and no
transacted; therefore, the meeting was
Eileen P Hall
City Clerk
Attachment "A"
PROPOSED DRAINAGE PROJECTS
FOR 1987 -88 FISCAL YEAR
Estimated Cost
1.
Complete sidewalks on Fairway Dr. left after last
year's drainage project. ..............................
$ 7,300
2.
Install street crossings and inlets on the southeast
side of Fairway Dr. .... ...............................
5,000
3.
Install inlets at the intersection of Adams and
Strickland ............. ...............................
8,500
4.
Install additional driveway culverts on Ferry Road to
facilitate new drainage from Highway 146 ..............
1,200
5.
Construct new outfall at Texas Ave. and Tri -City
Beach Rd. .............. ...............................
27,000
6.
Install additional street crossings on Rollingwood
near N. Burnett (cul -de -sac at the end of N.
Burnett) ............... ...............................
1,900
7.
Install additional street crossing on N. Burnett ......
1,500
8.
Regrade ditches and reset driveways on Post Oak .......
15,000
9.
Install additional outfall on Huggins .................
17,000
10.
Install inlet on Barcelona Circle .....................
4,000
11.
Install street crossing on Woods St. ..................
1,500
12.
Drain depressions in Pinemont and Happy Valley
intersection ........... ...............................
2,400
13.
Drain the street depression in front of the first house
on Creekbend Street .... ...............................
11800
14.
Drain the large street depression on Kingsway and
5,700
Queenswood............. ...............................
15.
Drain the street depression at 503 Hillhurst ..........
1,800
16.
Mabry Road detention system ...........................
15,000
17.
Contingency ............ ...............................
33.400
TOTAL
$ 150,000