Loading...
1976 10 28 CC Minutes6272 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 28, 1976 The City Council of the City of Baytown, Texas, met in regular session, Thursday, October 28, 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 Tom Gentry Fritz Lanham Neel Richardson Eileen P. Hall Dan Savage Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Mayor Gentry called the meeting to order and the invocation was offered by Councilman Cannon. Approve Minutes Councilman Kloesel pointed out that the minutes should be amended to reflect that he was not present when the meeting of October 14 adjourned. Councilman Kimmons moved to approve the minutes of the regular meeting of October 14, 1976, as amended, and the minutes of the special meeting of October 19, 1976, and ratification of actions taken at said meetings; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Petitions Mr. Lanham, City Manager, presented for Council consideration a petition with One Hundred Ninety -One (191) signatures of persons favoring modifications in set -back requirements. After Council examined the petition, Councilman Hutto moved to accept the petition and refer it to the Administration; Councilman Kloesel seconded the motion. *Councilman Lander present. Mayor Gentry explained to Councilman Lander that a petition had been presented to Council relating to set -back lines which would be considered later in the meeting; and allowed time for Councilman Lander to examine the petition. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None City Manager's Report Jailhouse Ditch Storm Sewer - This project has been completed; the inspection will be made next week. If the work is approved, there will be an item for final payment to the contractor on the next agenda. 6273 Minutes of the Regular Meeting - October 28, 1976 Hunnicutt Street Storm Sewer - The contractor is in process of building one area inlet at Tenth Street. There is some asphalt work to be done, along with cleanup; then, this project will be ready for inspection. East District Sanitary Sewage Treatment Plant - This project is ninety (90 %) per cent complete with seventy -five (75 %) per cent of the time having been used. West District Systematic Sewer System Survey - The survey has been approved by the Texas Water Quality Board and has been submitted to the EPA for approval. 1976 Street Improvement Program - This program is being funded with budgeted and Revenue Sharing Funds. Seventeen of the nineteen streets have been completed. Only two (2), Mayhew and Meador, remain to be surfaced and that should be done next week. Hunnicutt Street Sanitary Sewer - This is an eight (8 ") inch line that is being installed and about one -half the work is complete. Sliplining - The liner on Seventh Street has been installed; the taps have been made; and the street has been repaired. The con- tractor is now installing the liner on Fayle and is making satisfactory progress. Due to problems with the line being extremely deteriorated, the contractor has been forced to dig into the street, but as part of the contract, the contractor must repair the street. Of course, the repairs will be patchwork, but the City will ask that the work be smooth. Retail Merchants Committee - Invitations were extended to Council by the Retail Merchants Committee to participate in the annual Christmas parade, December 2. The Administration will check later with each Council person to determine who will be able to participate. Floating Holiday - Each year the employees are asked to state a preference as to what day will be selected as the floating holiday. A majority of the employees selected Friday, November 26. Councilman Kloesel stated that he has been receiving complaints regarding trash blowing from the commercial establishment at the corner of Bob Smith and Walker Road. Councilman Kloesel also expressed concern over what appeared to be poor quality work on the asphalting of Ohio and Mississippi. Ken Powers, City Engineer, assured Council that this portion had not been accepted yet and that the street would be inspected by city personnel, along with the contractor so that it would be finished properly. He also pointed out that the street probably would settle after a period of time, and have a smoother appearance. At this point, Councilman Hutto stated that he had a matter to discuss, but the matter did relate to Item No. 29 on the agenda. Mayor Gentry suggested that probably it would be better to bring the matter up when Item No. 29 was discussed in order to get all of that particular subject matter discussed at one time. Presentation - Annual Award of Texas Recreation and Park Society to Mr. Wayne Gray Mr. Henry Engelbrecht, a board member of the Texas Recreation and Park Society, presented Mr. Wayne Gray, Chairman of the City of Baytown Parks Board, with a special service award for his outstanding contributions to the promotion of Parks and Recreation activities and facilities in Baytown. 6274 Minutes of the Regular Meeting - October 28, 1976 Billy Angel - Request for Water Service Outside City Limits Mr. Billy Angel has requested water service to his property on West Road which property lies just west of the area north of Sterling High School, a part of the city limits of Baytown. There is a city line running directly in back of Mr. Angel's property; therefore, it would be no problem to make this tap. The policy is that the City Council must approve requests for this type service, and if approved, the service is provided at 1% times the cost to persons residing within the city limits. Mr. Angel will pay for the 1h inch meter required, plus he will construct the line to the building. The Administration recommended approval of this request. Councilman Kloesel moved to approve the request of Mr. Angel for water service outside the city limits; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Compensation of Beginning Firefighters The Council did meet with representatives of the firefighters in a work session to discuss the possibility of granting beginning firefighters the same base salary as that of beginning patrolmen, and did request at that time that this matter be placed on the agenda for consideration. The material discussed at the work session has been included in each Council packet. Mayor Gentry inquired what action Council would like to take, if any. Councilman Hutto moved that the recommendation of the Firefighters Pay Raise Committee be granted, that is to move begin- ning firefighters to Step No. 16A on the pay schedule and that this change be a retroactive change to October 1; Councilman Kloesel seconded the motion. Councilman Kloesel stated that he would support the motion; however, he really felt that the position of firefighters should be moved to Step No. 17 on the pay schedule in order to combine the positions of firefighter and driver. Also, he stated he would favor moving beginning patrolmen to Step No. 17, but at this time, he felt that Council would not support this concept; therefore, he would support the motion. Councilman Cannon stated that he would support the motion, but in future salary discussions, he, personally, would prefer that no department seek salary adjustments because of disparity with another department. He was also concerned with the fifty -six hour work week which firefighters work, but was told that in the work session, which he was unable to attend, Council had determined that anywhere from forty (40) to forty -three (43) hours were wake -time per week, with the remainder being sleep -time. Mayor Gentry took a similar position to Councilman Cannon and stated that he planned to abstain simply because he felt very strongly that this request was more a request for parity with the police department, rather than a request for increase in salary on merit. Mayor Gentry then went on to say that personally he was opposed to tieing one department to another on the pay scale, rather than con- sidering each department separately. 7 Councilman Lander explained that he too felt very much the same as Councilman Cannon and Mayor - Gentry only stronger, in that he planned to oppose the motion, because he felt that in this case the request was being considered on parity between the two departments. I 6275 Minutes of the Regular Meeting - October 28, 1976 Councilwoman Wilbanks stated that Council had given the matter thorough study and did talk about two (2) different departments during budget sessions, and Council at that time made a decision for this budget year. Therefore, she would have to oppose the motion. The vote follows: Ayes: Council members Kloesel, Hutto and Cannon Mayor Gentry Nays: Council members Lander, Kimmons and Wilbanks Note: Mayor Gentry originally abstained on this motion, then reconsidered to vote "Aye." Ordinance - Altering Fire Zone on North Alexander Drive As a review of some of the alterations to the fire zone ordinance, the City Manager discussed the alteration made on Garth Road north of Decker Drive where apartments were being constructed. The reason for this alteration was that only one corner of the structure would have been in the fire zone. Council in all cases has never granted excep- tions to the ordinance. Each time a request has been made, Council has granted the request by ordinance which altered the fire zone. No exceptions have ever been granted. Two alterations have been made on Highway 146; both were of a temporary nature. The proposed ordinance would delete all of Lot 45 from the fire zone. Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. Councilman Cannon pointed out that it would be possible for another building to be placed in the vacant area since all of Lot 4S was being considered in the ordinance. Mayor Gentry also expressed concern and asked if the description could be narrowed down to encompass only the area actually being considered. The Administration felt that this could be done and a new ordinance presented at the next meeting. Mayor Gentry then asked if other members of Council besides he and Mr. Cannon were equally concerned about obtaining a more narrow des- cription. Councilman Lander spoke up to say that he was concerned about altering the fire zone, even though in the past he had voted to do so. He stated that the fire zone was established for a good reason and now he was wondering if it should have been altered at all. Councilwoman Wilbanks explained that she too had reservations and that her reason for abstaining on the voting on the two previous requests was that no time element was involved. Then she went on to say that she really had misunderstood that the lines drawn in the past were hard and fast lines and that she was concerned about that aspect also. Councilman Hutto suggested that should Council decide to grant this alteration, the alteration should only go with the property for the term of the lease. Mayor Gentry suggested at this point that if Council wanted to consider the proposed ordinance with the described boundaries adjusted to a smaller area perhaps it would be proper to table the motion so that an amended ordinance could be prepared; or if not, Council could vote on the motion. Councilman Kimmons suggested that he could with- draw the motion, but Councilman Hutto pointed out that the property owner really did need an answer from Council tonight if at all possible. While the City Attorney was conferring with the City Engineer as to the length of time required to draw a new description, Councilman Cannon commented that he was concerned about changing the fire zone, but if the change had no affect on anyone else, and it could be restricted just to this described area, then he would have no objections. 6276 Minutes of the Regular Meeting - October 28, 1976 Councilman Lander said that this is what he had thought up to this point, but more and more requests were being received which eventually would have to affect the insurance rate. He also pointed out that by granting these alterations, an unfair advantage was being given to businesses because if a new place would be going in, the require- ments of the fire zone would have to be met. The City Attorney, after conferring with the City Engineer, explained to Council that in order to consider a revised ordinance it would be necessary for the ordinance to be in writing with a proper legal description. The Administration recommended placing the item on the next agenda. Councilman Kimmons then made a decision not to withdraw the motion. Councilman Kloesel stated that he opposed the motion because this was an area that required rigid enforcement. The vote follows: Ayes: Council members Kimmons and Hutto Mayor Gentry Nays: Council members Lander, Kloesel and Cannon Abstained: Councilwoman Wilbanks Councilman Hutto then inquired if the Council members who opposed the motion had such strong objections that they might not consider modification of the zone since twice before this type request was granted. Especially, since in this case, the building would be used strictly to store non - flammable materials. In the interest of justice, Councilman Hutto requested that the matter be reconsidered. Mayor Gentry pointed out that, as with any item that is placed on the agenda for Council consideration, Councilman Hutto could request that this item be placed on the agenda for the next meeting with an amended description of the property. Council concurred that the Administration should prepare another ordinance for consideration which would contain an amended property description, along with restrictions as to the time element. Ordinance Contract Between BAWA and Fulbright and Jaworski The BAWA Board has recommended that the firm of Fulbright and Jaworski be selected as the bond attorneys for the authority, so that the bond attorneys can review the contract between the City and the Baytown Area Water Authority, lend assistance in preparing the ordinance, and aid in the sale of bonds when this step is reached. There are two firms in Houston with this type expertise, Fulbright and Jaworski and Vinson, Elkins. Since the firm of Fulbright and Jaworski drafted the BAWA legislation, the Board felt that it would be a good idea to retain this firm as bond attorneys for the Authority. If all bonds are sold at one time, the estimated cost to retain the firm would be $36,250.00. The Administration recommended approval of the ordinance. Councilman Lander 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 AN ORDINANCE BAYTOWN, TEX, EXECUTION OF JAWORSKI AND PROFESSIONAL COUNSEL; AND HEREOF. ORDINANCE NO. 2101 OF THE CITY COUNCIL OF THE CITY OF kS, APPROVING AND AUTHORIZING THE A CONTRACT BETWEEN FULBRIGHT AND BAYTOWN AREA WATER AUTHORITY FOR SERVICES TO BE RENDERED AS BOND PROVIDING FOR THE EFFECTIVE DATE 6277 Minutes of the Regular Meeting - October 28, 1976 Ordinance - Amending the Minimum Property Standards for One and Two Living Units (FHA No. 300) An ordinance has been prepared in accordance with Council instruc- tion to allow carports with three open sides to be constructed up to five feet of the property line. In order to prevent an individual from off - setting a carport from the house so as to leave the backside open and enclose one of the other sides, the City Attorney suggested that after the wording "which is open on 3 sides," that the following wording be added in parentheses: "(the side nearest the front property line and the two adjacent sides)" Councilman Kloesel moved to approve this ordinance as amended; Councilman Kimmons seconded the motion. Councilman Hutto expressed the feeling that if the Council approved this ordinance then the people in Outlawn Terrace would be setting the standard all over the City. He also stated that there are people in various subdivisions who would oppose this change. Councilman Hutto stated that he was in favor of the proposed change, but only for Outlawn Terrace, the subdivision that had petitioned for the change. Councilman Hutto asked the City Attorney if there was a way that the ordinance would only apply to Outlawn Terrace in order to protect the health, safety and welfare of the people in that area. Mr. Richardson said that it would certainly be possible to word the ordinance in such a fashion to apply only to Outlawn Terrace, but Council had at one time set the set -back line at fifteen feet to protect the health, safety and welfare of the people. Since these are the only legitimate concerns which enable a Council to exercise its police powers, and thereby restrict the use of privately owned property, if Council determined that it was not necessary for the health, safety and welfare in Outlawn Terrace, then the application of that rule to any other subdivision would be suspect. Mr. Richardson went on to explain that there is a pro- vision that the City would enforce deed restrictions to ensure the residential character of a neighborhood, but simply because someone builds a carport, this does not mean he will turn it into a business. In other words, Council would need to find a reason that this sub- division would not need the protection of the police power previously granted. Mayor Gentry said that he had had personal and telephone contact from persons in various parts of the city who said that they would suffer a tremendous economic loss if Council determined that carports all over town must come down, and Council would have more problems if an ordinance were passed to regulate the building of carports by subdivisions. Councilman Kloesel stated that in the beginning he felt that regulation should be carried out on a subdivision basis, but after the matter was discussed, he began to notice that there were numerous carports in the city which he had paid little attention to in the past. Therefore, he now felt that it would be more practical to change the regulation for the entire city. Councilman Hutto pointed out that he was not completely opposed to the ordinance because he had received many calls from people who want the change, but he did want to make certain that Council was aware of all the different possibilities concerning this matter. Councilwoman Wilbanks stated that she felt Council's decision should rest with the health, safety and welfare of the people and that there had been many carports constructed in violation of the ordinance, but this did not make it mandatory on Council to change the ordinance. 6278 Minutes of the Regular Meeting - October 28, 1976 Councilman Cannon commented that in their prospective areas under the and that he would like to be able to individual basis. The vote follows: Ayes: Council members Kimmons, Mayor Gentry a number of people had built protection of the ordinance look at each request on an Kloesel and Hutto Nays: Council members Lander, Wilbanks and Cannon ORDINANCE NO. 2102 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 7, "BUILDINGS ", ARTICLE I, BY THE ADDITION OF A NEW SECTION 7 -5.1, MINIMUM PROPERTY STANDARDS FOR ONE AND TWO LIVING UNITS -- AMENDMENTS, REPEALING ORDINANCES INCONSISTENT HEREWITH AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Abandonment of the City Well Site on Exxon Property In 1946, the Harris County Water Improvement District No. 7 acquired a small tract of land and an easement from Humble Oil and Refining Company to construct a water well. This property was annexed to the city 2 -3 years later. The property is located in back of the Mutual Benefit Association Building on Market Street. The agreement with Humble provides that the property will revert to Humble when it ceased to be used as a water well site. This site has not been used as a water well site for the last 2 -3 years. The City no longer has a need for this site; therefore, the Adminis- tration recommended approval of the ordinance. Councilman Kimmons moved for the adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT OF A 0.21 -ACRE TRACT OF LAND AND A WATER LINE EASEMENT HERETOFORE GRANTED TO HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 7 BY HUMBLE OIL AND REFINING COMPANY; AUTHORIZING 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 - No Parking Zone on the South Side of Defee Street The Council's Traffic Committee recommended that a "No Parking Zone" be established on the south side of West Defee from Hemphill to Felton Street. The Administration recommended approval of the ordinance. Councilman Kimmons moved for the adoption of the ordinance; Councilman Cannon seconded the ordinance. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 7 6279 Minutes of the Regular Meeting - October 28, 1976 ORDINANCE NO. 2104 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC ", BY THE AMENDMENT OF SECTION 18- 122.2, DESIGNATION OF NO PARKING ZONES, BY THE ADDITION OF A NEW SUB - SECTION (o); PROVIDING A PENALTY FOR THE VIOLATION THEREOF; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Stop Intersections This ordinance provides for the removal of yield signs at four (4) intersections and the replacement of these signs with stop signs. The intersections where stop signs will be placed follow: North Second at East Defee North Third at East Defee North Sixth at East Defee New Jersey at Missouri Two intersections that have no controls now will become stop inter- sections as follows: Park Street at Decker East Homan Avenue at Houston Street The Traffic Committee made these recommendations, and the Administra- tion concurred. Councilman Cannon 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. 2105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE REMOVAL OF YIELD SIGNS AT CERTAIN INTERSECTIONS AND THE POSTING OF STOP SIGNS AT CERTAIN INTERSECTIONS; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - No Right Turn for East Bound Traffic on West Texas onto This, too, is a recommendation of the Traffic Committee in order to avoid vehicles making a right -hand turn from West Texas onto Hemphill in front of traffic from Market Street. There have been some accidents at this location; therefore, the Administration recommended approval of the ordinance. Councilman Cannon moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, . Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6280 Minutes of the Regular Meeting - October 28, 1976 ORDINANCE NO. 2106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RESTRICTING THE TURNING MOVEMENT OF RIGHT AT CERTAIN DESIGNATED INTERSECTIONS IN THE CITY OF BAYTOWN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE. Ordinance - Signalized Intersection on Decker Drive at the Proposed Entrance to the Exxon Olefins Plant Representatives of Exxon Chemical Company met with the Council's Traffic Committee and requested that a traffic signal be installed at the proposed entrance to the Exxon Olefins Plant. Exxon will in- stall the signal at no expense to the City. This signal will be interconnected with the signal at Shady Hill Drive, 1070 feet north- west, in such a manner as to provide minimum inconvenience to traffic on Decker Drive. This signal will be temporary and will be removed upon completion of construction. The Traffic Committee recommended approval of the ordinance. Councilman Cannon moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE INSTALLATION OF A TRAFFIC SIGNAL ON DECKER DRIVE AT A POINT 1070 FEET NORTHWEST OF SHADY HILL DRIVE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS, AND PROVIDING FOR THE PUBLICATION AND EFFEC- TIVE DATE HEREOF. Ordinance - Setting the Effective Date for the Southern Standard Mechanical Code Council adopted the Southern Standard Mechanical Code in July, and at that time asked that necessary rules be established, and that proper forms and plans for examination be drawn prior to the Adminis- tration of the ordinance. The Mechanical Board has been meeting regularly and are prepared to begin the administration of the ordinance. The Mechanical Board has asked for Council approval of the ordinance setting the effective date for the administration of the Code as November 18. The Administration recommended approval of the ordinance. Councilman Lander moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. Councilman Kloesel questioned whether the administration of the ordinance could begin since no licensing procedure or fee schedule had been adopted by Council. The City Attorney left the meeting to research the question; therefore, Council decided to hold this item-in obeyance until an answer could be obtained. Ordinance - Contract for the Construction of Sludge Dewatering Facilities at the East District Sanitary Sewage Treatment Plant Six bids were received on October 21, 1976, for the construction of sludge dewatering facilities at the East District Sanitary Sewage Treatment Plant as follows: 6281 Minutes of the Regular Meeting - October 28, 1976 Tidal Construction Co. $ 225,000.00 Fisher Construction Co. $ 236,450.00 Nunn $ Shumway Construction Co. $ 245,145.00 Katy Engineering Co. $ 249,638.10 Pope Co., Inc. $ 256,901.00 LEM Construction Company, Inc. $ 268.670.00 The low bidder is Tidal Construction Company in the amount of $225,000. This company has done work for the City of Baytown on at least two other occasions which was satisfactory. The original estimate on the project was $232,000. Three - fourths of the cost of this project will be funded by federal funds and the remainder by 1970 Bond Funds; therefore, EPA approval must be obtained. The Administration recommended approval of the ordinance. Councilman Cannon moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2108 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TIDAL CONSTRUC- TION, INC., CONTINGENT UPON APPROVAL OF THE TEXAS WATER QUALITY BOARD AND THE ENVIRONMENTAL PROTECTION AGENCY, FOR THE CONSTRUCTION OF SLUDGE DEWATERING FACILITIES AT THE EAST DISTRICT SANITARY SEWAGE TREATMENT PLANT AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF TWO HUNDRED TWENTY -FIVE THOUSAND AND NO /100 ($225,000.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance - Contract for Sandblasting and Painting of a Ground Storage Water Tank - Contract No. 76 -30 Mr. Lanham pointed out to Council that there was a revised ordinance at each Council place because the ordinance in the packet reflected that the bid would be awarded to Water Tank Service, Inc. of Lufkin. At the time bids were opened, the apparent low bidder, Norville H. Phillips, did not submit a bid bond, but the City Attorney ruled in the interim that Norville H. Phillips could submit the bid bond prior to the award. The tabulation follows: Norville H. Phillips $ 6,720.00 Water Tank Service, Inc. $ 8,939.62 Coastal Tank Lining Company $13,895.00 Texas Crane Consultants, Inc. $14,600.00 Water Tank Service Company $14,683.00 Since Norville H. Phillips did submit the proper bid bond and since this was lowest bid, the Administration recommended that the bid be awarded to Norville H. Phillips. The funds for this purchase have been carried over from last year's budget. Councilman Kloesel moved for the adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6282 Minutes of the Regular Meeting - October 28, 1976 ORDINANCE NO. 2109 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF NORVILLE H. PHILLIPS FOR THE SANDBLASTING AND PAINTING OF A GROUND STORAGE WATER TANK LOCATED ON BAYWAY DRIVE NEAR BAKER ROAD AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF SIX THOUSAND SEVEN HUNDRED TWENTY AND N01100 ($6,720.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Mayor Gentry called for a ten - minute recess. After the meeting reconvened, Council considered Item No. 15. Mayor Gentry explained that there was a motion and second to be considered, upon clarification by the City Attorney of Councilman Kloesel's question regarding the administration of the ordinance. The City Attorney acknowledged that licensing procedures were not adopted by the adoption of Ordinance No. 2025 which adopted the Southern Standard Mechanical Code. These procedures have since been prepared and this item could be considered at the next Council meeting which would be prior to the effective date of the proposed ordinance. By the adoption of this ordinance which establishes the effective date, the Council would be prescribing engineering and mechanical standards to be used in the installation of mechanical work which would be enforceable whether or not there were licensed people to do the work. Therefore, Council could adopt the ordinance establishing the effective date tonight and make a decision on licensing procedures and fees later. Councilman Kloesel felt, however, that there would be no advantage in setting an effective date prior to establishing licensing procedures and fees. He stated that personally he would rather wait to vote on the matter, thereby voting on the effective date, licensing procedures and fees at the same time. The vote follows: Ayes: Council members Lander and Kimmons Mayor Gentry Nays: Council members Kloesel, Wilbanks, Hutto and Cannon Ordinance - Awarding Contract for Construction of Water and Sewer Service Connections - Contract No. 76 -50 Three bids were received October 25, 1976, for construction of water and sewer service connections - Contract No. 76 -50 as follows: Savell Contractors $ 27,300 Coastal Road Boring Co. $ 29,400 Channel Construction Co., Inc. $ 64,050 Several months ago, the City entered into a contract with Savell Contractors for this type work which has been performed satisfactorily. Savell Contractors bid: 1. $85.00•for water taps on the short side; 2. $95.00 for water taps on the long side; 3. $65.00 for sewer taps on the short side; 4. $75.00 for sewer taps on the long side. These figures are the exact figures which were bid on the previous contract. Included in these specifications were two items that are to be performed on an hourly basis - -the laying of a short section of line and the connecting of two services which are side by side r 6283 Minutes of the Regular Meeting - October 28, 1976 to the same meter by using a "Y" connection. The Administration recommended approval of the ordinance, awarding the contract to the low bidder, Savell Contractors. Councilman Lander moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. Councilman Hutto asked if it would be possible to utilize this contractor to repair water leaks in various areas of the city. There would be a problem in this regard with the amount that can be added to a contract, plus the fact that the city did not advertise for bids on the repair of water leaks. Since the city has been utilizing this service, the response time had improved considerably, but this work is getting behind again. In response to a question from Council, Ivan Langford III explained that the contractor would not be placing both water and sewer lines in the same drilling and that inspections are made from time to time to assure proper installation. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel ORDINANCE NO. 2110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SAVELL CONTRACTORS FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER CONNECTIONS ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL NUMBER OF CONNECTIONS MADE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding the Bid for the Purchase of a Brush Chinner Three bids were recieved for the purchase of a brush chipper on October 19, 1976, as follows: BIDDER: PLAINS MACH. TREES, INC. UTILITY EQUIP. QUANTITY DESCRIPTION Total Bi Total Bi Total Bid 1 Brush Chipper $ 6,825.00 $ 7,495.00 $ 7,506.00 MAKE $ MODEL: FMC Wayne Asplundh JEY Mitts /Merrill C16 16" 8 Cyl. M -9 WARRANTY: One Year One Year Parts -One Year Service -90 Days DELIVERY: 30 -45 cal. 45 cal. 45 -60 cal. days A.R.O. days A.R.O. days A.R.O. EXCEPTIONS: Cylinder RPM Air Filter Cutter Bar Cutter Bar Size Size Special Features Weight Frame Weight BIDDER: FMC SO. TEXAS EQ. Q QUANTITY: DESCRIPTION Total Bid —Total Bt 1 Brush Chipper No Bid No Bid 6284 Minutes of the Regular Meeting - October 28, 1976 In the new budget there is included $7,500.00 for the purchase of a brush chipper. The low bidder, Plains Machinery, did not meet specifications; therefore, the Administration recommended the next low bidder that met specifications, Trees, Inc. for the amount of $7,495.00. Councilman Lander moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The Plains Machinery equipment did not meet specifications in that it was a lighter weight machine, and operated at lower RPM's than specified. Also, the cutter bar was a different type than what was specified. The vote follows: Ayes: - Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TREES, INC. FOR THE PURCHASE OF ONE BRUSH CHIPPER, CITY OF BAYTOWN BID NO. 7610 -6 AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF SEVEN THOUSAND FOUR HUNDRED NINETY -FIVE AND N01100 ($7,495.00) DOLLARS. Ordinance - Awarding the Bid for the Purchase of a Street Router The purchase of a street router is also a budgeted item. There is only one manufacturer of this type equipment, G. H. Tennant Co. whose bid was for the amount of $5,333.25. The Administration recommended approval of the ordinance. 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 ORDINANCE NO. 2112 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF G. H. TENNANT COMPANY FOR THE PURCHASE OF ONE STREET ROUTER, CITY OF BAYTOWN BID NO. 7610 -7 AND AUTHORIZING THE PAY- MENT BY THE CITY OF THE SUM OF FIVE THOUSAND THREE HUNDRED THIRTY -THREE AND 25/100 ($5,333.25) DOLLARS. Ordinance - Awarding the Bid for the Purchase of Two Front End Loader Tractor Backhoes Six bids were received on October 19, 1976, as follows: BIDDER: QUANTITY DESCRIPTION 7 * PRECO MACHINERY SALES HYCO EQUIP., INC. Unit Price Total Price Unit Price Total Pr 7 ICE 2 Loader Backhoe $ 15,949 $ 31,885.00 $ 16,082 $ 32,162.84 NEAREST PARTS & SERVICE: Houston, Texas Houston, Texas WARRANTY: 12 mos. or 1500 hrs. 12 months 6285 Minutes of the Regular Meeting - October 28, 1976 BIDDER: PRECO MACHINERY SALES HYCO EQUIPMENT, INC. ontinued) DELIVERY: 5 calendar days A.R.O. 30 days after end of strike EXEMPTIONS: Engine Engine Alternator Battery Digging Radius Digging Force MFG. MAKE $ MODEL: Massey- Ferguson John Deer JD 410 M -F 50A BIDDER: PLAINS MACHINERY CO. JIM BALL INTERNATIONAL QUANTITY DESCRIPTION Unit Price Total Price Unit Price Total Price 2 Loader Backhoe $ 16,900 $ 33,800.00 $ 17,489 $ 34,979.5( NEAREST PARTS & SERVICE: Houston, Texas Baytown, Texas WARRANTY: 6 months parts $ labor 12 months DELIVERY: 30 days maximum 30 calendars day A.R.O. EXEMPTIONS: Tires $ Wheels Alternator MFG. MAKE $ MODEL: International IH3500A International IH3500A rBIDDER: V. P. TRACTOR EQUIPMENT TRINITY VALLEY TRACTOR: TY DESCRIPTION Unit Price Total Price unit Price otal TTicE 2 Loader Backhoe $ 21,723 $ 43,446.00 $ 22,935 $ 45,870.0( NEAREST PARTS & SERVICE: Rosenburg, Texas Dayton, Texas WARRANTY: 12 months Ford Standard Warranty DELIVERY: 180 calendar days A.R.O. 90 cal. days A.R.O. EXEMPTIONS: - - -- - - -- MFG. MAKE $ MODEL: Ford FD 6500 Ford FD 650 The three lowest bids took exceptions to the City of Baytown's specifications which makes Jim Ball International the low bidder in the amount of $34,979.50 for an International IH3500A. The Adminis- tration recommended approval of the low bidder that met specifications. Councilman Cannon moved for the adoption of the ordinance; Councilman Lander seconded the motion. In response to a question from Council as to the reason for a bidder missing a bid because of 3 horsepower, Mr. Lanham explained that the specifications could have been written in such a manner as to include this equipment, but the Administration was just not expert in all types of equipment and should a manufacturer or dealer feel that perhaps during the year the City might be interested in purchasing some of their equipment, representatives of that dealer or manufacturer should meet with the City's Purchasing Agent to discuss the different aspects of that equipment. 6286 Minutes of the Regular Meeting - October 28, 1976 Mr. Donald Pack with Hyco Equipment Company of Houston, a John Deere dealer, addressed the Council. Mr. Pack explained that it was almost impossible to write specifications around a particular brand of equipment without writing someone out some- where along the way. The John Deere equipment meets the specifi- cations with the exception of the 3 horsepower difference, and since in dealing with equipment it is virtually impossible to write all inclusive specifications, Mr. Pack explained that there is always some equipment dealer that must make some exception, then it is left up to Council to determine if 3 horsepower dif- ference justifies the purchase at several hundred dollars more of another piece of equipment. Mr. Bob Reeves with Plains Machinery also addressed the Council to explain that one of the reasons his company did not go to a heavy duty alternator was that the heavy duty alternator would have far exceeded the specifications. The battery does exceed the specifica- tions, but the alternator which was bid adequately takes care of this battery. The only other exception made by Plains was the front tires. The tires which were bid are International Harvester Standards, which would cost $255 more per tire if the tires were changed. Councilman Cannon expressed the feeling that when bids were taken on certain specifications, then these specifications should be strictly construed and there has to be a cut off point on any set of specifications. Councilman Cannon felt that the dealer should have bid equipment to meet the specifications with an excep- tion stating that if the City would lower its specifications a certain dollar amount would be saved. Mayor Gentry did agree that the specifications should be strictly construed; however, he also stated that the City should not be outlining specifications that would only apply to one piece of equipment. Mr. Lanham pointed out that Ford FD 6500 which two companies bid met specifications. Councilman Hutto commented that the City owns a 1974 John Deere for which the city has spent $571.00 in material costs to repair; and a 1975 International has cost the city $2,148.00 in repairs. Councilman Hutto also stated that a large percentage of local contractors preferred John Deere equipment to International equip- ment. Mr. Lanham explained to Council that there were many items included in the $2,148.00 expenditure which were not due to machine failure. Councilman Kloesel said that he would vote against the motion because he felt the city should go to the John Deere equipment. Councilman Cannon reiterated that the city should not exclude anyone from bidding if at all possible, but there had to be a stopping point. The vote follows: Ayes: Councilman Cannon Nays: Councilman Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Ordinance - Awarding the Bid for the Purchase of a Hydraulic Demolition Hammer This is an attachment for a backhoe to be used in breaking concrete. On October 19, 1976, two bids were received as follows: Companies Submitting No Bid: Preco Machinery Conmaco, Inc. r Minutes of the Regular Meeting - October 28, 1976 BIDDER: QUANTITY DESCRIPTION 1 Hydraulic Demolition Hammer MAKE $ MODEL: WARRANTY: DELIVERY: EXCEPTIONS: OPTIONS: BOEHCK 6 GARDNER Total Bid $ 4,100.00 6287 PLAINS MACHINERY Total Bid $ 3,628.00 Allied 33 Rapid Ram Hughes AA 750 Parts -30 days 7 -10 cal. days No Charge 60 days 10 cal. days Weight Length Impact per blow Blows per minute $ 128.00 The bid of Plains Machinery is low, but this bid did not meet speci- fications. The bid of Boehck & Gardner did meet specifications for the amount of $4,100.00. The Administration recommended approval of the low bid that met specifications. Councilman Lander moved for the adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Abstained: Councilman Cannon ORDINANCE NO. 2113 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BOEHCK AND GARDNER EQUIPMENT COMPANY, INC. FOR THE PURCHASE OF ONE HYDRAULIC DEMOLITION HAMMER, CITY OF BAYTOWN BID NO. 7610 -11 AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FOUR THOUSAND ONE HUNDRED AND NO 1100 ($4.,100.00) DOLLARS. Ordinance - Awarding Bid for the Shelving for the Expanded and Remodeled Library Remodeled Library Building On Friday, October 22, 1976, three bids were received for the shelving for the expanded and remodeled library building as follows: BIDDER: LIBRARY BUREAU HALLOWELL DIVISION ELECTRO PAINTERS GROUP A - STEEL SHELVING Section 1 Completion time: Section 2 Completion time: Section 3 Completion time: Section 4 Completion time: Section 5 Completion time: Section 6 Completion time: $ 39,750.00 $ 35,000.00 No Bid 120 -150 days A.R.O. 60 days A.R.O. $ 15,488.00 $ 11,660.00 120 -150 days A.R.O. 60 days A.R.O. $ 3,077.00 $ 3,300.00 90 -120 days A.R.O. 60 days A.R.O. $ 1,623.00 $ 400.00 21 days A.R.O. 60 days A.R.O. $ 930.00 $ 1,900.00 21 days A.R.O. 60 days A.R.O. $ 366.00 $ 850.00 21 days A.R.O. 60 days A.R.O. 6288 Minutes of the Regular Meeting - October 28, 1976 BIDDER: LIBRARY BUREAU HALLOWELL DIVISION ELECTRO PAINTERS GROUP B - RESURFACING OF EXISTING SHELVES Section 1 No Bid No Bid $ 10,502.40 Section 2 $ 8,192.90{ The recommendation is that of Hallowell Division for a total of $41,350.00, as follows: 1. Section 1, $35,000.00 2. Section 3, $3,300.00 3. Section 5, $1,900.00 4. Section 6, $850.00. Mrs. Flora Wilhite, City Librarian, explained that Section 1 pertained to new shelving, Section 3 to the moving and refurbishing shelving, Section S to the removing and refurbishing old shelving in various parts of the present library, and Section 6 is the reassembly of some shelving being stored at Public Works and installation in the enlarged library. Councilwoman Wilbanks 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 ORDINANCE NO. 2114 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HALLOWELL DIVISION /STANDARD PRESSED STEEL COMPANY FOR LIBRARY SHELVING, SECTIONS 1, 3, 5 AND 6 OF CITY OF BAYTOWN BID NO. 7610 -13, AND AUTHORIZING THE PAYMENT OF THE CITY OF BAYTOWN FOR THE SUM OF FORTY -ONE THOUSAND THREE HUNDRED FIFTY AND N01100 ($41,350.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Ordinance - Awarding Bid for the Purchase of Slipping Trucks for the Library Two bids were received on October 22, 1976, for the purchase of slipping trucks as follows: BIDDER: LIBRARY BUREAU QUANTITY DESCRIPTION Unit Price Total Price 5 Slipping Trucks $ 235.00 $ 1,175.00 27 Card Trays $ 11.05 $ 298.35 TOTAL BID $ 1,473.35 BIDDER: BRODART, INC. QUANTITY DESCRIPTION Unit Price Total Price 5 Slipping Trucks $ 235.00 $ 1,175.00 27 Card Trays $ 23.70 $ 639.90 TOTAL BID $ 1,814.90 Company Submitting No Bid: Herman Miller, Inc. Minutes of the Regular Meeting - October 28, 1976 BIDDER: MFG. MAKE g MODEL: LIBRARY BUREAU N77 -30ST $ 1207.5 BRODART, INC. N73 -168M $ N60 -320 6289 HERMAN MILLER. INC. LOCATION NEAREST PARTS $ SERVICE: Houston, Texas Williamsport, PA. ____ WARRANTY: 1 year 1 year DELIVERY: 90 -120 calendar 75 -90 calendar - - -- days A.R.O. days A.R.O. The bid of Library Bureau is low for the purchase of five slipping trucks and twenty -seven card trays in the amount of $1,473.35. The Administration recommended approval of the low bid. Councilman Cannon 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 ORDINANCE NO. 2115 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF LIBRARY BUREAU FOR THE PURCHASE OF SLIPPING TRUCKS AND CARD TRAYS FOR THE LIBRARY ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awardine Bid for the Purchase of Miscellaneous Trucks Five bids were received; however, four dealers bid all three sections; one bid Section III only. The tabulation follows: BIDDER: BAYTOWN MOTORS, INC. SE =TN QUANTITY DESCRIPTION Unit rice Total Price I, 8 Pickup $ 4,143.08 $ 33,144.64 1 Pickup (C4C) $ 4,066.35 $ 4,066.35 SECTION TOTAL $ 37,210.99 II. 1 Pickup (CPC) $ 5,050.27 1 C P C with Utility Body $ 6,512.67 SECTION TOTAL $ 11,562.94 III. 1 Dump Body $ 11,937.91 MFG. MAKE P MODEL: Section I. GMC C1500 Section II. GMC C3500 Section III. GMC CE6000 NEAREST PARTS P SERVICE: Baytown, Texas WARRANTY: 12 mos. or 12,000 miles 6290 Minutes of the Regular Meeting - October 28, 1976 BIDDER: BAYTOWN MOTORS, INC. Continue T\CT T\TCn%f. Section I. Section II. Section III. OPTIONS: Section I. Section II. Section III. BIDDER: SECTION QUANTITY I. 8 1 II. 1 1 DESCRIPTION Pickup Pickup (C$C) SECTION TOTAL Pickup (C &C) C & C with Utility Body SECTION TOTAL III. 1 Dump Body MFG. MAKE $ MODEL: N Section I. Section II. Section III. NEAREST PARTS & SERVICE: TAT A T T1 A LT.T.T . T%r' T T i TT} In NT . Section I. Section II. Section III. OPTIONS: Section I. Section II. Section III. BIDDER: SECTION UAQ NTITY I. 8 1 II. 1 1 III. 1 60 cal. days 45 cal. days 60 cal. days #1 #2 $60.00 $237. $60.00 $60.00 BOB HAMRIC CHEVROLET Unit Price Total Price $ 4,235.15 $ 33,881.20 $ 4,118.42 $ 4,118.42 $ 37,999.62 $ 5,258.29 $ 6,451.29 $ 11,709.58 $ 11,305.52 CC10903 CC31003 CE61403 A.R.O. A.R.O. A.R.O. #3 90 $36.00 $36.00 Baytown, Texas 12 mos. or 12,000 mi. 60 -90 cal. days A.R.O. 60 -75 cal. days A.R.O. 60 -90 cal. days A.R.O. #1 #2 #3 $95.00 $325.00 $85.00 $95.00 $85.00 $125.00 HUGH WOOD FORD DESCRIPTION Unit Price Total Price Pickup $ 4,287.38 $ 34,299.04 Pickup (C&C) $ 3,977.05 $ 3,977.05 SECTION TOTAL Pickup (C$C) C & C w /Util. Body SECTION TOTAL Dump Body $ 38,276.09 $ 5,201.89 $ 6,521.89 $ 11,723.78 $ 13,089.23 7 6291 Minutes of the Regular Meeting - October 28, 1976 BIDDER: MFG. MAKE $ MODEL Section I. Section II. Section III. NEAREST PARTS $ SERVICE: WARRANTY: Section I. Section II. Section III. OPTIONS: Section I. Section II. Section III. BIDDER: SECTION QUANTITY DESCRIPTION I. 8 Pickup I Pickup (C$C) SECTION TOTAL II. 1 Pickup (CPC) 1 C P C with Utility Body SECTION TOTAL III. 1 Dump Body MFG. MAKE P MODEL: Section I. Section II. Section III. NEAREST PARTS P SERVICE: WARRANTY: r DELIVERY: Section I. Section II. Section III. OPTIONS: Section I. Section II. Section III. HUGH WOOD FORD Continue F100 F350 F700 Baytown, Texas 12 mos. or 12,000 mi. 60 cal. days A.R.O. 60 cal. days A.R.O. 60 cal. days A.R.O. N1 N2 N3 $90.00 $237.90 $128.00 $90.00 $128.00 $90.00 LUMUS BAYTOWN DODGE Unit Price Total Price $ 4,354.19 $ 34,833.52 $ 4,212.23 $ 4,212.23 $ 39,045.75 $ 5,352.12 $ 6,570.12 $ 11,922.24 $ 12,500.47 D -100 D -300 D -800 Baytown, Texas 12 mos. or 12,000 mi. 60 -75 cal. days 90 cal. days A. 60 -90 cal. days N1 N2 $100.00 $273.90 $100.00 $100.00 A.R.O. 2.0. A.R.O. N3 $82.10 $82.10 6292 Minutes of the Regular Meeting - October 28, 1976 BIDDER: SECTIGN QUANTITY I. II. III. 1 MFG. MAKE & MODEL: JIM BALL INTERNATIONAL DESCRIPTION Unit Price Total Price Dump Body Section III. NEAREST PARTS & SERVICE: WARRANTY: DELIVERY: Section III. OPTIONS: Section III. No Bid No Bid $ 16,899.28 Int. 1700 Baytown, Texas 12 mos. or 12,000 mi. 90 cal. days A.R.O. #1 $100.00 Baytown Motors, Inc. was low bidder on Sections I and II and Bob Hamric was low bidder on Section III. On Section I, the total of nine pickups equals $37,210.99, but the Administration recommended the options which include rustproofing, air conditioning and beacon ray flashing lights for a total bid on Section I of $39,668.29. Baytown Motors, Inc. also submitted the low bid on Section II which is Pickup Cab and Chassis and Cab and Chassis with Utility Body. With the options included, the low bid is for the amount of $11,754.94. The low bidder on the dump truck is Bob Hamric Chevrolet for the amount of $11,305.52. The Administration recommended approval of the low bidders with the options mentioned in each case. Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. Councilman Kloesel questioned the option of placing air conditioners in the pickups. The Administration explained that these particular trucks were used by people who spent a great deal of time in the trucks. Councilman Kloesel stated that he was not certain air conditioners were needed. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel ORDINANCE NO. 2116 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING BIDS FOR MISCELLANEOUS TRUCK BODIES AS FOLLOWS: BAYTOWN MOTORS, INC. FOR SECTIONS I AND II AND BOB HAMRIC CHEVROLET FOR SECTION III OF CITY OF BAYTOWN BID NO. 7610 -10, AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN FOR EACH SECTION AS SET OUT BELOW. Ordinance - Awarding Bid for the Purchase of Van Trucks Four bids were received on October 25, 1976, for the purchase of two van trucks. The tabulation follows: 6293 Minutes of the Regular Meeting - October 28, 1976 BIDDER: BAYTOWN MOTORS, INC. HUGH WOOD FORD SEAN QUANTITY DESCRIPTION Total Price Tota-Price I. 1 Van Truck $ 5,190.38 $ 5,291.98 II. 1 Vision Van $ 5,073.67 $ 5,319.50 rTOTAL $10,264.05 $10,611.48 IMFG. MAKE 4 MODEL: GMC FORD NEAREST PARTS $ SERVICE: Baytown, Texas Baytown, Texas WARRANTY: 12 mos. or 12 mos, 12,000 miles 12,000 miles DELIVERY: 60 cal. days A.R.O. 75 cal. days A.R.O. OPTION: $60.00 $90.00 BIDDER: BOB HAMRIC CHEVROLET LUMUS BAYTOWN DODGE SECTION QUANTITY DESCRIPTION Total Price Total Price I. 1 Van Truck $ 5,238.61 $ 5,422.34 II. 1 Vision Van $ 5,910.40 $ 5,833.34 TOTAL $10,949.01 $11,255.68 MFG. MAKE g MODEL: CHEVROLET DODGE NEAREST PARTS $ SERVICE: Baytown, Texas Baytown, Texas WARRANTY: 12 mos. or 12 mos. or 12,000 miles 12,000 miles DELIVERY: 60 -90 cal. days 90 cal. days A.R.O. A.R.O. OPTION: $95.00 $100.00 One of these trucks will be utilized by the Crime Prevention Unit of the Police Department and will be funded with federal grant funds, while the other will replace the existing radio repair van. The low bidder is Baytown Motors in the amount of $10,264.05 with a $60.00 option, for the sum total of $10,324.05. The Administration recom- mended approval of the low bidder. Councilman Cannon moved for the adoption of the ordinance; Councilman Hutto seconded the motion. Councilman Kloesel stated that he had no objections to air conditioning in these vehicles due to the equipment in the vans. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTOWN MOTORS, INC. FOR SECTIONS I AND II FOR VAN TRUCKS OF THE CITY OF BAYTOWN BID NO. 7610 -12 AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN FOR EACH SECTION AS SET OUT BELOW. 6294 Minutes of the Regular Meeting - October 28, 1976 Advertisement,for Bids for the 1977 Street Improvement Program Council was supplied with a list of the streets being proposed as follows: There are no major thoroughfares on the list, only residential streets. Funds available total $367,000.00; the estimated cost to improve the streets named is $378,000.00. Mr. Powers, City Engineer, feels that the bids will come in within the money available. Most of these streets were on the list last year and were dropped; therefore, the Administration rechecked and placed these streets back on the list. After this list is completed, most of the residential streets will be in good repair. Bob Smith Road will necessarily have to be repaved which will be quite costly. Councilman Kimmons moved to adopt the priority list and to authorize the Administration to advertise for bids on the 1977 Street Improvement Program; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Council commended the staff for having prepared this list so early in the year. Authorize Advertisement for Bids for Furnishings and Equipment for Sterling Municipal Library The City Librarian referred Council to a colored chart depicting items in red upon which the Administration would like to advertise to receive bids, items in green which are existing items and items with no color which would be optional should the bids which are received be lower than the estimate. The estimated figure for this purchase is $110,000.00 which is within the budget. Councilman Lander moved to authorize the Administration to advertise for bids for furnishings and equipment for Sterling Municipal Library. Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None i i STREET LIMITS 1. Bayless W. Main to Riggs 2. Baylor Park to Schilling 3. Chesapeake Laredo to Atlantic 4. Eighth Lobit to Ward 5. Gresham Garth to Dead End 6. Hunnicutt SH 146 to First 7. Illinois Nevada to Louisiana 8. King Travis to Bowie 9. Morrell Garth to Dead End 10. Newman Cleveland to Graham 11. North Burnett Lakewood to Pin Oak 12. North Jones Sterling to Lobit 13. Schilling Garth to Dead End 14. State Morrell to Schilling 15. West Francis N. Main to Wilburn There are no major thoroughfares on the list, only residential streets. Funds available total $367,000.00; the estimated cost to improve the streets named is $378,000.00. Mr. Powers, City Engineer, feels that the bids will come in within the money available. Most of these streets were on the list last year and were dropped; therefore, the Administration rechecked and placed these streets back on the list. After this list is completed, most of the residential streets will be in good repair. Bob Smith Road will necessarily have to be repaved which will be quite costly. Councilman Kimmons moved to adopt the priority list and to authorize the Administration to advertise for bids on the 1977 Street Improvement Program; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Council commended the staff for having prepared this list so early in the year. Authorize Advertisement for Bids for Furnishings and Equipment for Sterling Municipal Library The City Librarian referred Council to a colored chart depicting items in red upon which the Administration would like to advertise to receive bids, items in green which are existing items and items with no color which would be optional should the bids which are received be lower than the estimate. The estimated figure for this purchase is $110,000.00 which is within the budget. Councilman Lander moved to authorize the Administration to advertise for bids for furnishings and equipment for Sterling Municipal Library. Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None i i 6295 Minutes of the Regular Meeting - October 28, 1976 Discussion of Police Policy Councilman Hutto stated that he had a matter of grave concern to discuss which concerned all citizens. The matter being complaints that he had received from citizens alleging mistreatment and over- reaction by members of the police department. In several instances charges and appearances in court were dismissed, lowered or post- poned, or charges were never filed. In instances where due to mis- treatment or over - reaction, even though the charges were dismissed, the individual charged had to take off work and lost money and time to appear in court. In many cases rather than lose work time or be out the expense of an attorney, an individual would simply pay the fine. In checking the area where some of these complaints were derived, Mr. Hutto discovered it was an area where Baytown Police Officers were working as bouncers which he felt left the police department open to criticism, and that the policeman who works as a bouncer commits a disservice to the many career and dedicated policemen serving on the force. He also stated that he had received a letter which alleged numerous complaints which if only one -half were true, the Council certainly had the right to order the Chief of Police to immediately withdraw or prevent all of his men from working in the capacity of a bouncer. Then, Councilman Hutto moved that the Administration be instructed to inform the police chief to withdraw or prevent any policeman from acting in the capacity of a bouncer; Councilman Kloesel seconded the motion. Mr. Lanham explained that the Chief of Police had issued an order on Tuesday stating that no off -duty officer will work in an r establishment where alcoholic beverages are served in the capacity of a police officer. Councilman Hutto said that his motion was that policemen be ordered not to serve as bouncer and that he had made no mention anyplace, "where alcoholic beverages were served." At this point Mayor Gentry asked Councilman Hutto to explain his definition of the term "bouncer ". Councilman Hutto replied that a bouncer would be someone on the premises that would be charged with keeping order among the clients and who would evict any unruly person from the premises. Mayor Gentry reminded Councilman Hutto that police officers served at all athletic games from junior high through high school and the service that Councilman Hutto described is the service these police officers perform. If anyone comes in who is unruly, this individual is evicted. Mayor Gentry went on to say if Councilman Hutto meant that off -duty officers should be prohibited from serving . in their uniforms for the protection of the public; especially, at school- sponsored functions., then he could not support that motion. Councilman Hutto felt that the term bouncer would not apply in this instance. Councilman Kloesel said that generally the term bouncer would apply to a person working in an establishment where there is live entertainment and alcoholic beverages are served. Then, Mayor Gentry concluded that the action taken by the Administration seemed to take care of the matter. As far as what a policeman does when off -duty, the Mayor contended that Council could not restrict a policeman's action, unless he was serving in the capacity of a policeman. Councilman Kloesel said none - the -less there was a problem and he felt that Council had the responsibility to make certain that the City of Baytown had a good and effective police department. Councilman Hutto asked Mr. Lanham to repeat what action had been taken. Mr. Lanham said that the Administration recognized that there had been problems at some of the establishments where police- men had been working during off -duty hours, mainly clubs, where alcoholic beverages were being served. Therefore, in order to 6296 Minutes of the Regular Meeting - October 28, 1976 eliminate this problem or reduce it, the Chief of Police has already issued an order that no off -duty officers will work at establishments where alcoholic beverages are served as an officer. In response to a question from Councilman Cannon regarding the status of a policeman during off -duty hours, the Chief of Police, John Wilkinson, explained that all off -duty employment must be approved. Mr. Wilkinson said that 1h -2 years ago he had received requests from proprietors of various clubs for officers to work as bouncers. He stated that he felt that the term bouncer was synonymous with a person who would evict unruly persons from establishments where alcoholic beverages were served. At that time even though he was leary of the idea, he had agreed to the arrangement on a trial basis, but he had to agree with Council that this arrangement was causing problems; therefore, the order was issued prohibiting officers from working at establishments where alcoholic beverages are served. Councilman Hutto said that he would like to commend the Chief for his action. Councilman Kloesel said that he felt that Council should establish by vote a policy on this so that the policy could not be changed at a later date. Councilman Kimmons read the definition of a bouncer, "a person employed to expel disorderly persons from a public place." Mayor Gentry said that this is what he had thought all along. Councilman Hutto then stated that he would be willing to abide by what the Administration and Chief had arranged, but he would not care to withdraw his motion. Councilman Cannon said that he had received the same letter as other members of Council and had called the City Manager to find that the matter had been resolved, and that he felt the Administration was capable of handling situations such as this. He went on to say that he had been on the Council as long as anybody and had never witnessed the abuse of any citizen. In fact, he had on occasion gone out with officers when arrests were made and in many instances, the officer put up with much more than what an average citizen would put up with. Councilman Kloesel said that he had received this letter a month ago and had at that time asked to have the matter placed on the agenda, in order to get the Administration to take action. He said that this type of complaint needs to be investigated, and that the people of Baytown lack confidence that such matters will be properly investigated. Mayor Gentry took exception to the statement that no investiga- tion was made of complaints. He pointed out that there are records which show disciplinary action being taken in the past such as suspensions, temporary suspensions and other actions taken by the Administration. He agrees that in the City of Baytown just as in any community you will find bad officers, but in the same respect these are the ones you hear about most, not the dedicated people who do a good job. In fact, right at this time there is an officer on indefinite suspension. The vote on the motion follows: Ayes: Council members Kloesel and Hutto Nays: Council members Lander, Kimmons, Wilbanks, and Cannon Mayor Gentry Councilman Kloesel had another matter concerning the police department, that being the use of patrol vehicles in private security service for private gain. Councilman Kloesel moved that the Chief of Police be instructed by the City Manager to order that patrol vehicles may not be used for personal gain and in security businesses; Councilman Hutto seconded the motion. 6297 Minutes of the Regular Meeting - October 28, 1976 Councilmen Kloesel and Hutto were of the opinion that policemen should not drive patrol vehicles to their off -duty jobs. Councilman Kloesel said that he had received complaints about policemen using city vehicles in security businesses which he felt was misuse of city property. The question was raised as to what would happen in the event there was a call and the officer could not respond. Chief Wilkinson responded from the audience that that officer would either leave one job or the other. Officers have portable radios so there would be no problem in receiving the call. Councilman Kloesel then moved to restrict the use of city vehicles to official city business only. The motion died for a lack of a second. Councilman Kloesel stated that he felt the Indianapolis plan was not working and that he felt that the citizens would demand that something be done about this program. Then Councilman Kloesel restated the original motion which was seconded by Councilman Hutto. The vote follows: Ayes: Council members Kloesel and Hutto Nays: Council members Lander, Kimmons, Wilbanks and Cannon Mayor Gentry Councilman Hutto then moved to include the letter which was received in the official minutes; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kloesel and Hutto Nays: Council members Kimmons, Wilbanks and Cannon Mayor Gentry Abstained: Councilman Lander Committee Reports None. Unfinished Business Councilman Kimmons brought up the matter of the President visiting Baytown on Friday and said that since this was probably the first and last time a President would visit Baytown, he moved that Mayor Gentry give the President an appropriate welcome; Councilman Hutto seconded the motion. Councilman Kloesel said he felt that the visit was purely political and that Council should not get involved in politics. Councilman Cannon said that although he had great respect for the office, he too felt that Council should not involve itself in a political campaign. Councilman Kimmons then clarified his statement by saying that he was strictly speaking of welcoming the President officially as has been .done in the past for other dignitaries. r Councilwoman Wilbanks and Councilman Lander expressed the feeling that the President should receive an appropriate welcome. It seemed to be the general concensus of Council that it would only be proper to extend a welcome to the President of the United States. There being no further business to transact, the meeting was adjourned. a Eileen P. Hall, City Clerk