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1976 10 14 CC Minutesr I 6251 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 14, 1976 The City Council of the City of Baytown, Texas, met in regular session, Thursday, October 14, 1976, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Jack Kimmons Ted Kloesel Mary E. Wilbanks Emmett Hutto *Allen Cannon Councilman Councilman Councilman Councilwoman Councilman Councilman Tom Gentry Mayor Fritz Lanham City Manager Neel Richardson City Attorney Eileen P. Hall City Clerk Dan Savage Assistant City Manager Mayor Gentry called the meeting to order and the invocation was offered by the Reverend Douglas E. Meyer, Pastor of St. John's United Methodist Church. Approve Minutes Councilman Kloesel moved to approve the minutes of the regular meeting of September 23, 1976, and ratification of actions taken at said meeting; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Petitions No petitions were presented. City Manager's Report Revenue Sharing - Even though official notification has not been received, from the newspaper account, Congress has approved the appropriation of Revenue Sharing Funds for the next three (3) years -nine (9) months. The City of Baytown should be receiving $2,120,712 during this period which averages $565,523 for a twelve- month period, an increase over the $525,000 allocated previously. Flushing of Fire Hydrants - The flushing of fire hydrants is scheduled for Monday through Friday next week; this schedule will �r be printed in the Baytown Sun. Councilman Kloesel requested that !■■ Southwest Addition be placed on top priority with regard to flushing since this area seemed to experience more difficulty with foul odor and discoloration of water. Additional Tax Exemption For The Elderly - In response to the request of Councilman Kloesel, regarding an estimate of reduction in revenue if a $7,000 homestead tax exemption were granted persons sixty -five and older, the Administration estimated a reduction in revenue of approximately $24,000 per year. 6252 Minutes of the Regular Meeting - October 14, 1976 Houston Lighting and Power Company - Fuel Cost Adjustment and Cost of Service Adjustment Report - In response to the request of Mayor Gentry for an explanation of the savings the company ex- perienced in salaries due to the lengthy strike, Mr. Lanham explained that over $4,300,000 under the normal amount had been paid in sala- ries, which will be reflected in future cost adjustments. Also, it was pointed out that due to an W increase in salaries which will amount to approximately $2,900,000 over the next twelve months will be reflected showing a reduction for a short period of time, then an increase. Councilman Kloesel requested that the Administration verify what procedure the company is now using regarding late payments. Library Expansion - The contractor on this project is making good progress. The interior partitions are being erected and sheetrocked. The electrician is extending drops for switches and outlets; the plumbing rough -in for the connection into the existing building is underway; the interior masonry walls have been completed and waterproofed; the exterior masonry work is progressing satis- factorily; and the forms have been set for the curbs and gutters, the loading apron, and miscellaneous concrete work. East District Treatment Plant - This contract is eighty -nine (89 %) per cent complete with seventy -three (730) per cent of the contract time having been used. All major concrete items have been completed and the contractor is installing the blowers, electrical switch gears, and all other major items of equipment. Jailhouse Ditch Storm Sewer - All the construction work has been completed and a punch list prepared for inspection; therefore, this project will probably be on the next Council agenda for final payment. Hunnicutt Street Storm Sewer - Construction remaining on this project is approximately 200 feet of 36 inch pipe, along with a few inlets and asphalt patch work on the street. 1976 Street Improvement Program - This project is being funded with budgeted and revenue sharing funds. Excluding the asphalt work, the project is ninety (90 %) per cent complete. The contractor's asphalt crew will be working in Baytown next week. Sliplining - The work in the Glen Arbor Area, with the excep- tion of cleanup, is complete. The liner has been installed on Seventh Street and the taps are being made. Firefighters - During budget sessions, Council requested that the firefighters supply information concerning the pay disparity between the Fire and Police Departments. This information was compiled and a copy furnished to Council, along with a request for a work session to further discuss the matter. Council agreed to hold a work session on Tuesday, October 19 at 4:30 p.m. Regular Meeting Date - Since the second Council meeting in November will fall on Thanksgiving, Council set the second regular meeting in November for Tuesday, November 23 at 6:30 p.m. Council expressed concern with regard to various pipeline companies closing Baker Road. The Legal Department is currently developing an ordinance for Council consideration which will re- strict the times pipeline companies may close any street within the City of Baytown. The County did propose a relocation of the six Exxon Pipeline Company lines and offered to share the expense of relocation. This proposal was rejected and the matter has been referred to the County Attorney for handling. 6253 Minutes of the Regular Meeting - October 14, 1976 With regard to Highway 146, the speed limit signs are the responsibility of the Maintenance Department of the State Highway Department and these signs are being changed to reflect the 55 mile per hour speed limit. Last year the County did the majority of the spraying for mosquitoes; however, this year the City has been spraying five nights a week. Councilman Kloesel suggested that the County be contacted in this regard and asked for more assistance in this area. Arthur Morgan Mr. Arthur Morgan appeared concerning the fact that a parking rail across the easement behind his neighbor's house is blocking access to his backyard and asked for a written statement from the Administration within ten (10) days as to whether or not this obstruction could be removed, and if not, the reason. With regard to a previous quiry concerning a curb - breaking at 1001 East Fayle, Mr. Morgan asked that this matter be researched further since he was not willing to accept the Administration's opinion. Specifically, he asked that the curb - breaking be examined and that he be furnished with a written statement of the findings. Mr. Morgan also complained that a permit had been issued for a curtain wall, which ultimately formed a complete structure con- nected by a roof and a monorail door. This structure is, according to Mr. Morgan, in violation of the slab and building line require- ments of the City; and he wanted action taken in this regard. After some discussion, Mr. Lanham explained that the easement Mr. Morgan referred to was not just an easement, but the City of Baytown actually owns this property. The residents of the area, with the exception of Mr. Morgan and his neighbor have fenced the easement, but should the City require access the fences would have to be removed. In response to a question from Mayor Gentry, Mr. Morgan replied that he was not asking that all the property owners be required to remove the fences just that the parking rail be re- moved so that he would have access to the back of his property where he is expanding the area of a shop. The shop is a hobby and an extra job; therefore, Mr. Morgan felt that it would not be classed as commercial. Mr. Morgan had no further business to bring before Council. W. S. Hewitt Mr. W. S. Hewitt appeared before Council to express concern for the safety of his children due to the debris and high grass in his neighbor's back yard. Unfortunately, the only ordinance which applies to this particular situation is used mainly to control the height of grass on vacant lots; therefore, the grass has to be nine (9) inches high before the City can require that it be mowed. The Administration assured Mr. Hewitt that when the grass in his neighbor back yard reaches this height, notice to clean up premises will be mailed immediately. The Administration was successful in getting a junked vehicle removed from the property, but where private property is involved the City is rather restricted. A. T. Crocker Mr. A. T. Crocker appeared before Council to seek assistance in having a fence removed from the utility easement behind his home. 6254 Minutes of the Regular Meeting - October 14, 1976 Mr. Crocker explained that his neighbor has fenced the entire ten - foot easement, which includes the meters-to Mr. Crocker's home and is housing two vicious dogs in the fenced area so that it is impos- sible for the meter readers to read these meters. The Administration will check into the matter. Mr. C. H. Adkins Mr. C. H. Adkins, owner of the Varsity Drive Thru Restaurant, located at 2121 North Alexander, appeared to request a waiver to Fire Zone No. 2. Mr. Adkins explained that as his business has increased, it has become necessary to add storage area and since the lease on this location will expire in less than four years, it would not be feasible to build a permanent structure. For this reason, Mr. Adkins requested that Council authorize some type waiver so that he could utilize the 12' x 32' portable type storage building which he had purchased for the purpose of added storage. He emphasized that no volatile materials would be stored in this building and that the building is a temporary structure. The Fire Insurance Commission rates the city from time to time and business type structures should be constructed of materials that have at least a two -hour rate, but in the past Council has granted alterations to fire zones in the case of temporary structures. It is unknown how these alterations would affect the insurance rates for the entire City. The insurance commission would have to survey the City to make this determination. Councilman Lander expressed concern that more and more re- quests were being received from businesses along Highway 146 for this kind of alteration; Councilman Kloesel commented that there was a need to adhere to the fire zone along Highway 146. Councilman Kloesel moved to deny the request; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel and Wilbanks Nays: Council members Kimmons, Hutto and Cannon Mayor Gentry Since the motion failed, Mayor Gentry inquired of Council if there were any objections to having an ordinance prepared on this matter for consideration by Council at the next Council meeting. Councilman Cannon said that he had no objections, but he would like a review of the exceptions granted in the past. The only Council member who voiced an objection was Councilman Kloesel. Supplemental Report of the Board of Equalization At the time the Board of Equalization gave its annual report, U. S. Steel, located in Industrial District No. 3, and the City of Baytown were in arbitration over U. S. Steel's land value; therefore, the Board of Equalization concurred that it would be best to have the findings of the Board of Arbitration prior to making a deter- mination as to value. The Board of Arbitration determined that the value should be set at $2,900 per acre, and the Board of Equalization concurred with this finding. The Administration recommended accept- ance of the supplemental report. 7 Mr. C. A. Walker, who presented the supplemental report, ex- plained that the Board of Arbitration was very thorough as reflected in the report of the arbiters. Councilman Klosel stated that he was not aware of a written report, and was assured that one would be provided for his review. r I r Minutes of the Regular Meeting Councilman Cannon moved to accept the Equalization; Councilman Kimmons seconded follows: 6255 October 14, 1976 report of the Board of the motion. The vote Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel inance - Sale of a Portion of Utilitv Easement The City has a utility easement across the property located at Lot 21, Block 1 of Plumwood Subdivision Section 3. The easement is located at an odd angle so that Mr. Petty, the owner of this property, would necessarily have to build a small corner of his home in the easement. The only utility located in the easement is a sewer line. In accordance with previous Council policy, an appraisal was made placing a value of $25.00 on the small triangle. Since the construction will not interfere with the City's use of the easement and will permit the owner to use the property, the Administration recommended approval of the ordinance. Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. In response to a question from Council, the City Attorney stated that a deed would be prepared, along with a waiver releasing the City from any liability. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2088 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ABANDONING A PORTION OF THE UTILITY EASEMENT OUT OF LOT 21, BLOCK 1 OF PLUMWOOD SUBDIVI- SION SECTION 3, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHO- RIZING THE MAYOR AND CITY CLERK TO EXECUTE SUCH INSTRUMENTS AS ARE NECESSARY FOR SUCH ABANDONMENT, IF ANY; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Ordinance - Deleting the Requirement for Locating a Building Within 450 Feet of a Public Street The Fire Prevention and Protection Ordinance presently requires builders of apartments to dedicate a street so that any of the apart- ments are within 450 feet of said street. What this requirements creates in many instances are short cul -de -sac streets which must be maintained by the City, but are utilized by only persons residing or visiting the apartments. By deleting this requirement, the City would be relieved of the responsibility of maintenance. There would be no problem as far as emergency vehicles are concerned because a dedicated fire -lane easement would be required, and all fire -lane easements must be constructed of asphalt with at least 28 feet of width. Council was concerned that firefighters might have difficulty maneuvering through apartment complexes in the event of fire, but Fire Chief McBride stated thus far there had been very little problem. Councilman Kimmons moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel 6256 Minutes of the Regular Meeting - October 14, 1976 ORDINANCE NO. 2089 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 12, "FIRE PREVENTION AND PROTECTION," ARTICLE IV, FIRE LANE EASEMENTS, SECTION 12 -47, REQUIREMENTS OF FIRE LANE EASEMENTS, BY REPEALING SUBSECTION (a) AS PRESENTLY CONSTITUTED AND SUBSTITUTING IN ITS PLACE A NEW SUBSECTION (a); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Taxi Service for Senior Citizens Council discussed this item at the last regular meeting and asked that a contract be drafted for consideration. This contract will allow the City of Baytown to provide taxi service to Senior Citizens who meet certain income requirements. The Administration proposed that this contract be for a six -month period with a cost of up to $15,000. After the end of this period, a report will be made to Council regarding the success of the program. Several groups of senior citizens with some assistance from City staff will go to places that senior citizens frequent in order to enroll qualified senior citizens in the program. In order to participate, one must be 65 or older and meet certain income require- ments. Upon verification, the senior citizen is issued a card which will allow eight one way rides per month free of charge or eight rides at half fare, depending on their income, which rides may be utilized as the senior citizen wishes. When the cab driver is handed a card, the card is punched and a trip ticket is prepared to be sent to City Hall for payment. Council considered that perhaps some limitation should be placed on where the senior citizens should be allowed to travel because of the possible duplication of effort, but determined that this would cause the program to become very expensive and very difficult to control. Mr. Savage, Assistant City Manager, explained that this program was not designed to replace any services now being provided but to supplement these services. The Administration recommended approval of the ordinance. Councilman Kloesel moved to adopt the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT TO PROVIDE TAXI SERVICE FOR SENIOR CITIZENS CONSISTENT WITH THE RECOMMENDATION OF THE SENIOR CITIZENS TRANSPORTATION COMMITTEE'S REPORT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Police and Fire Vehicles Five bids were received on October 5, 1976, for the purchase of ten police and one fire vehicles as authorized in the budget. The tabulation follows: r r Minutes of the Regular Meeting - October 14, 1976 BIDDER: ANTITY DESCRIPTION 10 Police Vehicles 1 Fire Vehicle TOTAL BID MAKE $ MODEL: WARRANTY: DELIVERY: BOB HAMRIC CHEVROLET Unit Price Total Price $ 4,618.64 $ 46,186.40 4,560.14 4,560.14 $ 50,746.54 Chevrolet Nova 1 yr. or 12,000 miles 60 -90 calendar days 6257 PAGE DITTMAN, INC. Unit Price Total rice $ 4,857.18 $ 48,571.800 4,727.18 4,727.180 $ 53,298.98 Plymouth Volare 1 yr. or 12,000 miles 45 -65 calendar days *Prices good until 10 -25 -76 BIDDER: LUMUS BAYTOWN DODGE BAYTOWN MOTORS, INCi AN TY DESCRIPTION Unit Price Total rice nit Price Total Prce 10 Police Vehicles $ 4,863.53 $ 48,635.30* $ 4,879.00 $ 48,790.00 1 Fire Vehicle 4,738.43 4,738.43 4,879.00 4,879.00 TOTAL BID $ 53,373.73 $ 53,669.00 MAKE 8 MODEL: Dodge Aspen Pontiac Ventura II WARRANTY: 1 yr. or 12,000 miles 1 yr. or 12,000 miles DELIVERY: 45 -60 calendar days 60 calendar days *Prices good until 10 -29 -76 BIDDER: HUGH WOOD FORD UANTITY DESCRIPTION Unit Prtce Tota Price 10 Police Vehicles $ 5,209.99 $ 52,099.90 1 Fire Vehicle 5,189.99 5,189.99 TOTAL BID $ 57,289.89 MAKE $ MODEL: Ford LTD II WARRANTY: 1 yr. or 12,000 miles DELIVERY: Factory on strike; Delivery uncertain The low bid is that of Bob Hamric Chevrolet in the amount of $50,746.43, with police vehicles costing $4,618.64 per unit and the fire vehicle, $4,560.14. None of the bidders took exception to the City's specifications. The Administration recommended the bid be awarded to the low bidder. Councilman Cannon moved to adopt the ordinance; Councilman Lander seconded the motion. Councilman Kloesel explained that although he favored the purchase of the fire vehicle, he was not in favor of the present plan being used in the police department of one officer being 6258 Minutes of the Regular Meeting - October 14, 1976 assigned to one vehicle and felt that the matter of new police vehicles should be postponed until a new chief is selected. Since the new chief may want to reorganize the department and utilize the vehicles now available in the department. Councilman Kloesel then moved to amend the motion to delete the ten police vehicles from the bid; this motion died for lack of a second. Mr. Page Dittman was present in the audience and stated that he was present at the bid opening where from all appearances Bob Hamric Chevrolet had bid an exception and if this was the case, Page Dittman Motors should be allowed the same opportunity. Council examined the bid submitted from Bob Hamric Chevrolet and determined that no exception was noted on the bid. A representa- tive of Bob Hamric Chevrolet was present, who also assured Council that no exception was made on the bid form. Councilman Lander called for the question. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks and Cannon Mayor Gentry Nays: Councilman Kloesel Abstained: Councilman Hutto ORDINANCE NO. 2091 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BOB HAMRIC CHEVROLET, INC. FOR THE PURCHASE OF TEN POLICE VEHICLES AND ONE FIRE DEPARTMENT VEHICLE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FIFTY THOUSAND SEVEN HUNDRED FORTY -SIX AND 54/100 ($50,746.54) DOLLARS. Award Bid - Fire Hose Five bids were received on Tuesday, October 5, 1976 for the purchase of fire hose. The tabulation follows: BIDDER: QUTR-TTY DESCRIPTION 1 FIRE PROTECTION SERVICE FIRE FOX CORPORATION Unit Price otal rice Unit Price Total Price 1600 ft. 1� fire hose $ 1.09 /ft. $ 1,744.00 $ 1.15 /ft. $ 1,840.00 1300 ft. 2� fire hose $ 1.61 /ft. $ 2,093.00 $ 1.65 /ft. $ 2,145.00 TOTAL BID BIDDER: QUANTITY DESCRIPTION $ 3,837.00 $ 3,985.00 CHEMETRON FIRE SYSTEMS CLAUDE WRIGHT & ASSOCS. Unit Price Total Price Unit Price Total Price 1600 ft. 12 fire hose $ 1.12 /ft. $ 1,792.00 $ 1.19 /ft. $ 1,904.00 1300 ft. 2� fire hose $ 1.72 /ft. $ 2,236.00 TOTAL BID $ 4,028.00 BIDDER: UAQ NTITY DESCRIPTION 1600 ft. 1h fire hose 1300 ft. 2� fire hose INDUSTRIAL FIRE EQUIP. Unit Price Total Price $ 1.15 /ft. $ 1,840.00 $ 1.76 /ft. $ 2,288.00 TOTAL BID $ 4,128.00 $ 1.73 /ft. $ 2,249.00 $ 4,153.00 7 6259 Minutes of the Regular Meeting - October 14, 1976 The low bid is that of Fire Protection Service in the amount of $3,837.00. The Administration recommended awarding the bid to the low bidder. Councilman Kimmons moved for adoption of the ordinance; Councilman Hutto seconded the motion. In response to a question from Council, Chief V. H. McBride, Fire Chief, stated that he had not had any experience with this particular brand of fire hose. The vote on the motion follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2092 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF FIRE PROTEC- TION SERVICE FOR THE PURCHASE OF FIRE HOSES ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE BASED UPON THE ACTUAL FOOTAGE SUPPLIED AND PRO- VIDING FOR THE EFFECTIVE DATE HEREOF. Mayor Gentry then declared a five - minute recess. *Allen Cannon not present. Award Bid - Power Rescue Tool Only one bid was received for the purchase of a power rescue tool. In the past there have been two bids received on this type item -- the manufacturer and his distributor. This year the manu- facturer chose not to bid. The low bid was that of Fire Fox Corporation for a total of $5,031.00. The tool will be purchased with Revenue Sharing Funds. The Administration recommended approval of this purchase from Fire Fox Corporation. Councilman Kloesel moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2093 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF FIRE FOX CORPORATION FOR THE PURCHASE OF ONE POWER RESCUE TOOL AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FIVE THOUSAND THIRTY -ONE AND NO 1100 ($5,031.00) DOLLARS. Award Bid - Hydraulic Excavator Three bids were received for the purchase of this equipment- - two of which were "no bids ". The tabulation follows: C •� BIDDER: QUANTITY Minutes of the Regular Meeting - October 14, 1976 DESCRIPTION 1 Used 1976 -77 Hydraulic Excavator MAKE $ MODEL: WARRANTY: DELIVERY: Bidders Submitting No Bids: Case Power and Equipment Preco Machinery Sales HI -WAY EQUIPMENT CO. Total Price $ 51,195.00 Warner & Swasey 300 Hydro - Scopic Expires 10 -8 -76 Immediate The low bid received was that of Hi -Way Equipment Co. for a Warner and Swasey 300 Hydro - Scopic unit in the amount of $51,195.00. This is the same piece of equipment that the City has been leasing for the past six months. A new unit would cost approximately $70,000.00. This purchase will be financed with 1976 Revenue Sharing Funds. The Administration recommended approval of the ordinance. Councilman Hutto made the motion to adopt the ordinance; Councilman Kimmons seconded the motion. In response to questions from Council, Mr. Lanham explained that this piece of equipment would enable the City to have three permanent drainage crews rather than two permanent crews as was discussed in the budget sessions. Mr. Lanham also pointed out that it is presently costing the City $2500 per month or $30,000 per year to lease this hydraulic excavator. Ivan Langford III, Director of Public Works, pointed out that there had been no excessive down time experienced in the use of this equipment. The vote on the motion follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2094 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HI -WAY EQUIP- MENT COMPANY, INC. FOR THE PURCHASE OF ONE HYDRAULIC EXCAVATOR AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FIFTY -ONE THOUSAND ONE HUNDRED NINETY - FIVE AND N01100 ($51,195.00) DOLLARS. Award Contract - Bob Smith Road Storm Sewer Project Eleven bids were received on October 5, 1976, for the construc- tion of the Bob Smith Road Storm Sewer which ranged from a low of $298,842.50 by Utility Contractors, Inc. to a high of $413,930.50 by S $ C Construction Company. The tabulation follows: Utility Contractors, Inc. $ 298,842.50 McKey Construction & Equipment Rentals $ 331,020.00 Tidal Construction, Inc. $ 334,446.60 6261 Minutes of the Regular Meeting - October 14, 1976 Star Concrete Construction, Inc. $ 337,373.00 ioi Systems, Inc. $ 340,232.50 R. T. Bishop Construction, Inc. $ 347,347.50 H $ H Concrete Construction, Co. $ 358,120.00 Hassell Construction Company, Inc. $ 370,280.00 Steele Construction Company, Inc. $ 380,570.00 West Construction Company, Inc. $ 399,990.00 S $ C Construction Company, Inc. $ 413,930.50 Utility Contractors, Inc. is a new company to this area with its headquarters located in Wichita, Kansas. This company is completing a project for the City of Houston and since its people and equipment are located in this area, the company is looking for more work in this area. Utility Contractors bid $32,177.50 lower than the next low bid. The Consulting Engineers felt that this company was fully equipped and capable of handling this construction for Baytown and recommended that Utility Contractors be awarded the contract; the Administration concurred with this recommendation. Councilman Kloesel moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2095 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF UTILITY CONTRACTORS, INC. D /B /A U. C. OF TEXAS, INC. FOR THE CONSTRUCTION OF BOB SMITH ROAD DRAINAGE IMPROVE- MENTS, DRAINAGE CONTRACT NO. V. AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF TWO HUNDRED NINETY -EIGHT THOUSAND EIGHT HUNDRED FORTY -TWO AND 50 /100 ($298,842.50) DOLLARS WITH REGARD TO SUCH AGREEMENT. *Councilman Cannon present. Award Contract - Hunnicutt Street Sanitary Sewer Council authorized the Administration to go out for bids on the construction of the Hunnicutt Street Sanitary Sewer at its last regular meeting. Bids were received on October 11, 1976, as follows: Channel Construction Co., Inc. $46,094 R. T. Bishop Construction Co., Inc. and R. T. Bishop, A Joint Venture $36,896 The low bid is that of R. T. Bishop Construction Co., Inc. for the amount of $36,896.00. Councilman Kimmons moved for the adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6262 Minutes of the Regular Meeting - October 14, 1976 ORDINANCE NO. 2096 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF R. T. BISHOP CONSTRUCTION CO., INC. & R. T. BISHOP, A JOINT VENTURE FOR THE CONSTRUCTION OF A SANITARY SEWER LINE ON HUNNICUTT STREET, CONTRACT NO. 76 -10 AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF THIRTY -SIX THOUSAND EIGHT HUNDRED NINETY -SIX AND N01100 ($36,896.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance - Change Order No. 1 to Sliplining of Sanitary Sewer Lines, Contract No. 76 -3 Sanitary sewer lines have collapsed in Glen Arbor between Lloyd Lane and Grantham and on Harold Lane. The Administration recommended adding these collapsed areas to the existing contract at the unit prices listed in the contract at an estimated cost of $7,500. Councilman Hutto moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2097 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH CHANNEL CONSTRUCTION COMPANY, INC. FOR THE SLIPLINING OF SANITARY SEWER LINES ON CERTAIN DESIGNATED STREETS IN THE CITY OF BAYTOWN AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending Section 18 -69 of the Code of Ordinances by Providing New Provisions Regarding Transportation of Certain Loose Materials The present ordinance provides that it is unlawful for the driver of any vehicle equipped with a dump bed, sideboards, or other load container, to operate such vehicle upon the public streets or rights of way within the City limits with certain materials stacked, piled or otherwise loaded so as to extend above the top of the vehicle's bed, sideboards, or container. Some of these materials do not blow and cannot be spread; therefore, the Administration recommended that the current ordinance be revised to conform to State law to allow vehicles to transport materials that will not spill above the sideboards so that the same standard would apply to vehicles operating in the city as those coming into the city from a State highway. Councilman Kimmons moved to adopt the ordinance; Councilman Kloesel seconded the motion. Councilman Cannon did question the provision in the proposed change which exempts agricultural products in their natural state. Mr. Richardson, City Attorney, explained that there is another section of the Code of Ordinances which makes it unlawful for any person to litter any type of building material or other debris and not clean it up. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None r r r 6263 Minutes of the Regular Meeting - October 14, 1976 ORDINANCE NO. 2098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," ARTICLE II, OPERATION OF VEHICLE GENERALLY, SECTION 18 -69, BY REPEALING THIS SECTION AS PRESENTLY CONSTITUTED AND SUB- STITUTING IN ITS PLACE A NEW SECTION 18 -69; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Inter -Local Agreement Between the City of Baytown and Harris County Regarding Community Development Funds The authorization of this contract is another step toward the realization of some of the improvements that the City will be able to make with Community Development Block Grant Funds. These funds are to be used in the Rio Vista, Central Heights and Busch Terrace areas for the demolition of sub - standard buildings; pavement of streets; improvement of storm sewers; and construction of sidewalks. The contract is an Inter -Local Agreement between the City and County that sets out the record keeping procedures; procedures for receiving bids; and getting the plans approved by the County, etc. The City will receive $299,064. Some of this work can be done by City forces for which the City will be reimbursed. This is a standard agreement and the Administration recommended approval of the ordinance. The City of Baytown will advertise for bids on these projects, but the County must approve the contract before any work can begin. Councilman Kloesel moved to adopt the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY PROVIDING FOR REHABILITATION WORK IN CERTAIN AREAS OF THE CITY UNDER COMMUNITY DEVELOP- MENT BLOCK GRANT NO. B- 76- UC- 487 -0002 AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 548 - Authorizing the Director of Parks and Recreation to apply for Matching Funds for Phase II Development of the Baytown Sports Complex Bond funds that have been earmarked for further development of the Sports Complex are $353,772. Of that amount, $215,000 are eligible for fifty (50 %) per cent federal funding. Although the bonds for this have not been sold, the Administration requested that Council authorize the application. Councilman Lander moved for the approval of the resolution; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6264 Minutes of the Regular Meeting - October 14, 1976 RESOLUTION NO. 548 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF BAYTOWN IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF BAYTOWN IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM; SPECIFICALLY DESIGNATING PHASE II DEVELOPMENT OF THE BAYTOWN SPORTS COMPLEX FOR PURPOSES OF APPLICATION UNDER THE PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 549 - Authorizing the Director of Planning and Traffic to Apply for Funds for a Selective Traffic Enforcement Program The City has received other funds from the Office of Traffic Safety which was a part of the Governor's office for several years and now it is a part of the Department of Highways and Public Transportation. The Administration requested permission to apply for additional funds of approximately $21,000 for use to pay police officers on an overtime basis to provide selective traffic enforce - ment by locating the high accident areas of the City and concentrating on these areas. The City's accident rate and injury rate has been increasing and these funds would allow the City to institute this program without using budgeted funds. Councilman Kloesel moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 549 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE DIRECTOR OF PLANNING AND TRAFFIC TO EXECUTE THE NECESSARY APPLICATION INSTRUMENTS TO APPLY TO THE OFFICE OF TRAFFIC SAFETY, DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR GRANT FUNDS TO FUND A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM FOR THE CITY OF BAYTOWN. Building Set -Back Requirements Several drawings were exhibited for Council showing the various possibilities for set -back requirements and where a structure would be located in relation to the property line, street, etc. Mr. Lanham suggested that in Council's delibera- tion that the following be considered: 1. If the ordinance is changed, would it apply to carports only; or 2. Would the ordinance also permit enclosed structures? 3. With regard to side yards, in some cases, driveways are built to the property line. In these instances, if a carport is allowed to be built on that driveway, what kind of side yard set -back would it have, if any. 6265 Minutes of the Regular Meeting - October 14, 1976 Councilman Kloesel moved to ask the attorney to prepare an ordinance to allow the building of open carports up to five feet of the property with regard to front yards only; Councilman Kimmons seconded the motion. Usually there is ten foot between the property line and the curb; therefore, the carport would not be situated that clost to the street. Councilman Cannon felt that by amending the ordinance in this fashion would not be the fairest thing to do since probably some people would object to having a carport next door; therefore, he favored the system of holding a public hearing to make a determina- tion. Other Council members had spoken to various individuals who had no objection to carports. Mayor Gentry pointed out that probably the biggest point in favor of Councilman Kloesel's motion was that of the economic issue versus the possibility of a neighbor's objec- tion and in his opinion the economic issue outweighed the other. Councilman Cannon said he agreed, but perhaps you would also have people who felt that property was being depreciated by the construc- tion of a carport and that he would like to see each case decided on its own merits. Mayor Gentry explained that the Council would be voting on the drafting of an ordinance based on Mr. Kloesel's motion which would be presented to Council for consideration. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Lander Up- Dating City's Flood Insurance At the present time, the City has no flood insurance on any of its buildings. The Insurance Advisory Committee has recommended that flood insurance be secured on all City buildings; however, the Administration recommended that this type insurance be secured for only major structures -- namely, City Hall, Community Building, Library, Fire Administration Building, Police Building, Municipal Service Center and the Sewage Treatment Laboratory. The annual cost for this would be $1,121. Councilman Kloesel moved to accept the recommendation of the Administration; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Authorize Advertising for Bids for the Purchase of a Street Sweeper When funds were appropriated under the last revenue sharing en- titlement, the Administration had recommended that $50,000 be included under Public Transportation for a vacuum packed street sweeper. At the onset of this meeting, $67,500 remained in the 1975 Revenue Sharing Funds for drainage. Council authorized the purchase of a hydraulic excavator for the amount of $51,195 earlier in the meeting, less rental for one more month, added to the $5,000 available for drainage improve- ments in the budget leaves a balance of $18,805 available for the purchase of materials which should be sufficient until the end of the year, at which time funds may be appropriated out of the next revenue sharing entitlement. 6266 Minutes of the Regular Meeting - October 14, 1976 Under 1976 Revenue Sharing Streets $167,000 has been designated for streets and $200,000 in budgeted funds so that if $50,000 were expended for a street sweeper, there would still be a total of $367,000 available for street improvements. The present street sweeper is seven years old and the City has spent several thousands of dollars for repairs, yet the machine still spends more time in the shop than on the street. The Administration recommended Council approval to advertise for bids. Councilman Kloesel moved to authorize the Administration to advertise for bids for the purchase of a street sweeper; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Gentry Mayor Gentry Nays: None Authorize Advertising for Bids for the Repair of One Gasoline Fuel Tank There is a 2,000 gallon gasoline tank at Public Works that is not in use which the Parks and Recreation Department would like to utilize at the Parks Maintenance Center on Park Street to eliminate lost travel time. Therefore, the Administration requested Council authorization to get this 2,000 gallon gasoline tank into condition to re -use. Councilman Kloesel moved to authorize the Administration to advertise for bids for the repair and installation of this gasoline tank; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Authorize Advertising for Bids for the Rehabilitation of Various Sanitary Sewer Lines There have been some major cave -ins on Bob Smith Road from the railroad to North Main. A portion of this line is ten inch line and a portion is fifteen inch line. Since work will begin soon on the Bob Smith Road Storm Sewer, possibly the jobs could be worked concurrently. On McPhail, a line has disappeared due to the quicksand in this area, but with one solid line the problem will be eliminated because there will be no joints to create a cavity. The estimated cost to rehabilitate these sanitary sewer lines is $113,000. Councilman Kimmons moved to authorize the Administration to advertise for bids for the rehabilitation of .these sanitary sewer lines; Councilman Kloesel seconded the motion. This rehabilitation work will be funded with 1975 Bond Funds. The only alternative would be to replace the pipe which would be very costly. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6267 Minutes of the Regular Meeting - October 14, 1976 Policy for DisDosal of Excess Dirt From City Proiects In the Council packet, there was included a memorandum from the Director of Public Works regarding the policy for disposal of excess dirt from drainage work, along with a form to be executed by the property owner requesting dirt from a city project. The policy was recommended in an effort to minimize lag time caused in having to haul excess dirt long distances, and there would be fewer trucks and fewer men at each site. The form which the property owner must sign should protect the city, and this procedure should save a great deal of time. The Administration recommended approval of this policy. The requests for dirt will be filled on the basis of nearest location. Councilman Kimmons moved to accept the Administration's recommendation; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Final Report of the Bicentennial Commission Council was provided with a written report of the activities of the Bicentennial Commission, along with a recommendation that the $1,588.61 balance from activity fees be used for further develop- ment of the Bicentennial Park or to help defray expenses for future arts and crafts shows or Americana Days, sponsored by the Parks and Recreation Department. These fees were raised July of 1975 and 1976. The Administration felt that it would be appropriate for this money to be expended in the manner recommended by the commission. Councilman Kloesel moved to accept the recommendation; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Status Report on Market Street Bridge Project When anything is built in the water in this area, a permit must be obtained and in this instance permits were necessary from the Corps of Engineers, the U. S. Coast Guard and the Texas Water Quality Board. Everything has been cleared with the Coast Guard, the reason for this clearance being that Goose Creek Stream is considered navigable up to the Market Street Bridge. The Texas Water Quality Board has approved the construction, but about two weeks ago the Consulting Engineers were contacted by representatives of the U. S. Fish and Wildlife Service who objected to the plan to place any kind of fill in the water adjacent to the roadway because it would inter- fere with the water. Approximately 40,000 square feet of fill would be required which would cover approximately one acre of land. The Consulting Engineers reminded the representatives of the U. S. Fish and Wildlife Service that this was subsided land and probably more land would be lost to subsidence in the next few years. Then representatives of the U. S. Fish and Wildlife Service inquired what other method of construction was possible without using fill dirt, and were told a trestle type elevated roadway had been con- sidered and the idea was abandoned because of the cost involved. A trestle system is $264,000 higher chiefly because of the high cost of the trestle structure. The Fish and Wildlife Service has 6268 Minutes of the Regular Meeting - October 14, 1976 recommended denial of the City of Baytown's application with the Corps of Engineers. When the Corps receives this letter, a public hearing will be advertised to be held thirty (30) days later. The pros and cons of the issue will be aired at the hearing and then a judgment will be made by the Corps as to whether or not the permit should be issued. If the City wishes to oppose the Fish and Wildlife Service, it must prepare sufficient documentation to support its position. This would probably include hiring a fisheries consultant to speak to the ecology questions involved. Mayor Gentry stated that this was a very good example of the government coming in and in the name of protecting possible breeding grounds of fish, actually denying the City building this bridge which will furnish the citizens of Baytown with a possible escape route in the event of a hurricane or storm. Also, he emphasized the fact that the City should not be forced to expend this additional $264,000 in order to protect human needs in order that the breeding grounds of fish will not be disturbed; also that the City should not be forced to hold up this important project since time is of the essence. Mayor Gentry felt that Council should go on record as being opposed to the position that the U. S. Fish and Wildlife Service has taken in this matter in the form of a resolution to be presented to U. S. Senator Lloyd Bentsen, who will be in Baytown tomorrow. Council concurred with Mayor Gentry's views. Councilman Cannon moved to approve the drafting of a resolution stating Council's opposition to the position of the U. S. Fish and Wildlife Service; the motion was seconded by Councilman Hutto. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None _ The caption of the resolution officially objecting to the position of the U. S. Fish and Wildlife Service reads as follows: "RESOLUTION NO. 550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, OFFICIALLY OBJECTING TO THE POSITION OF THE U. S. FISH AND WILDLIFE SERVICE CONCERNING ITS OPPOSITION TO THE CITY OF BAYTOWN'S INTENTION TO CONSTRUCT AN EMBANKMENT SYSTEM BRIDGE ACROSS THE GOOSE CREEK STREAM." Councilman Lander then suggested that Council consider autho- rizing the Administration to seek expert assistance in the ecology aspect of this situation, if deemed necessary in the event of a hearing. Councilman Lander then moved to authorize the Administration to proceed with seeking the needed expertise, if necessary; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel Committee Reports None. Unfinished Business None. 6269 Minutes of the Regular Meeting - October 14, 1976 Recess and Reconvene Mayor Gentry recessed the open meeting into executive session to discuss personnel matters. When the open meeting reconvened, Mayor Gentry announced that no business had been transacted. Adjourn There being no further business to transact, Councilman Kimmons moved to adjourn; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Eileen P. Hall, City lerc r