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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