Loading...
1979 06 14 CC Minutes90614 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 14, 1979 The City Council of the City of Baytown, Texas, met in regular session on Thursday, June 14, 1979, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Fred T. Philips Ted Kloesel Eileen Caffey Allen Cannon Emmett 0. Hutto Fritz Lanham Dan Savage Scott Bounds Eileen P. Hall Absent: Jimmy Johnson Mary E. Wilbanks Councilman Councilman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Councilman Councilwoman Mayor Hutto called the meeting to order and the invocation was offered by Councilman Allen Cannon. Minutes Councilman Philips commented that as a matter of old business, under the item pertaining to six additional traffic lights to be placed at various locations, he asked that the City Manager be sure and follow up on the suggestion that was made that alternate solutions to traffic signals be developed before that ordinance is presented for its final enactment. He further commented that he is still interested in looking at trying to reduce traffic lights and especially not to incur $20,000 a piece for new signals unless they are truly warranted. Councilman Kloesel concurred. Councilman Kloesel moved for approval of the minutes of the regular meeting of May 24, 1979, and the special meeting of June 6, 1979; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel, Caffey and Cannon Mayor Hutto Nays: None Receive Petitions None. City Manager's Report Baytown Flood Control and Relocation Project - The Administration has received revised cost estimates from the Corps of Engineers regarding the Baytown Flood Control and Relocation Project. The revised or updated figures are based on June 1, 1979 price levels. The total cost of the project is $37,964,000 and the local share is $7,592,000. The previous local share figure was $7,200,000. Fuel Costs - In connection with escalating costs, the City has been notified that gasoline costs will be increasing. Since October 1, 1978, the City's gasoline and diesel costs have increased approximately 41 %. The City is now paying 90614 -2 Minutes of the Regular Meeting - June 14, 1979 for regular gasoline - 63.1, unleaded gasoline - 67.1, extra - 69.1, and diesel - 61.3. Garth Road Development - The Administration has been advised by Busch, Hutchison and Associates that in connec- tion with the development plans for the sanitary sewer line to serve the development north of Garth Road there is need for soil borings. This need is brought about by the possi- bility of deeper cuts for the gravity flow line. The esti- mated cost for the borings is approximately $1,120.00. Mr. Lanham felt that this cost should be incurred by the City since the possible change from a force main to gravity flow is being recommended by the City. 1979 Street Improvement Program - Kilgore Road, Cedar Bayou Road, South Seventh Street, Leavins Street, and Lazy Lane have been completed and the sidewalk on Kilgore Road is in place. The only streets that have not been completed with the exception of cleanup are New Mexico and Bob Smith Road. The contractor has made very good progress. West Main Street Bridge - The Administration has received a permit from the Coast Guard to modify the West Main Bridge for the construction of a walkway. There are certain condi- tions associated with this permit of which the Council is aware. The State has been asked by the City to include the replacement of that bridge in a state or federal program, but the City has not been notified as to whether it will be included. Drainage - On June 1, 1979, Baytown had rains that varied a great deal in the community from one inch or less to reports of nine inches or more. The City had a great deal of flooding, particularly in the eastern section of the City. Norman Dykes, City Engineer, reported to Council where the heaviest flooding occurred and what remedial action had been taken. Mr. Dykes explained that most of the rain fell east of Garth Road. Brownwood and Lakewood areas did not get nearly as much rain and therefore, no flooding. The area in the vicinity of Sterling High School on Baker Road, Rollingbrook, and North Main were badly flooded for several hours. Streets were not impassible to high trucks and some automobiles but many motorists were stalled out. Water was over Garth Road at the bridge due to Goose Creek Stream flooding. North Main was flooded way back into town and all of the way down to West Main. Water did collect in some businesses on Texas Avenue, as well as businesses on South Main down to Republic Street. Many homes in Holloway Addition experienced flooding. There were reports of water in homes in the area of Ferry Road near the cemetery and Highway 146 near that same area, a few instances of flooding reported on Kilgore Road and a few instances in the Plumwood Addition. There were homes east of Garth Road depending on the elevation of the parti- cular land in that block that experienced flooding. Mr. Dykes explained that the Engineering Department made visual checks of the City's storm drainage system to determine if there were obstructions or the reason that the water was collecting. Mr. Dykes explained that City crews began checking at the Bayou. The large county flood control ditches were checked to reveal that the county ditches were either full or over -full, spilling over. The flood control ditch south of the Holiday Inn was approximately three feet above the concrete walls. The water level in that ditch was higher than the pipes that the City has coming under Highway 146 to the Jailhouse Ditch System in the area of Republic and South Main. The Adams Street Ditch was out of its bank; water over Kilgore Road and that area was at least one foot above the road level. The Woodlawn Ditch was the same way. The ditch that goes across Ward Road and then across Kilgore Road that serves the Plumwood Addition was full. Mr. Dykes felt the biggest problem was the amount of rain in a very 90614 -3 Minutes of the Regular Meeting - June 14, 1979 short period which caused the flood control ditches to fill up, thus causing the water to back up in the City's pipe systems and in the open ditches. In looking for trouble spots in these areas, the Engineering Department has found on South Main, some obstructions in the City's pipe, which a crew is currently working to remedy. In the Plumwood Addition, an obstruction was found in the county's outfall ditch. On Texas Avenue where flooding occurred, the City is in the process of installing additional inlets on top of the larger pipes. Councilman Kloesel inquired about the flooding problem on Huggins Street and Illinois Street? Mr. Dykes commented that there are four small inlets at that intersection, one ' on each corner, which are 5076 clogged up with trash. Council - man Kloesel pointed out that flooding occurred at the inter- section of Harbor and Market. Councilman Philips inquired if the conditions that had occurred in the Plumwood Addition were solvable by cleaning out the outfall trunk? Mr. Dykes responded that cleaning out the outfall trunk will help, along with the installation of additional pipe. Councilman Kloesel inquired if City forces are being utilized to clean these clogged lines and stated that he preferred that the ditch cleaning process did not suffer to clean the lines. Councilman Kloesel stated that he would be interested in this as a budget item if additional manpower is needed. Mr. Dykes responded that at this time, one drainage crew is being utilized to pull lids and check for obstructions in the system. Councilman Cannon commented that he had received a call from a gentleman living on Massey Tompkins, and the man felt that the City has created problems because of the City cut under Massey Tompkins Road at Cedar Bayou- Crosby Road to allow water to flow from the north side of Massey Tompkins. His observation was that the ditches on the north side of Massey Tompkins were not flowing full where at least one house on the south side of Massey Tompkins collected water. Councilman Cannon suggested that the Engineering Department might look at that intersection to determine if that cut should be blocked off. Mr. Dykes explained that on Massey Tompkins from Raccoon down to just pass Barkuloo Road, all the southside was flooded to the center line of the street. Councilman Philips inquired what benefit will the City receive from the new storm sewer that is going in on Ward Road. Mr. Lanham explained that the Administration has not received the preliminary report on that, but Air. Busch had indicated that a much larger area than just the intersection of Highway 146 and Ward Road is being studied. Councilman Kloesel commented that the largest number of complaints he had received concerning flooding were from residents who live on Ward Road or in that area. Councilman Philips requested a special report from the engineers, tieing in this new information. Councilman Philips stated that the report did not have to be in final form, it could be an interim report stating what the engi- neers are doing. Councilman Kloesel felt that this report should be given at the next Council meeting. Mr. Lanham pointed out that the City constructs storm sewer facilities and ditches to take care of a certain size rain in a given period of time. Mr. Dykes explained that in residential areas, the City's design criteria is 2.8 inches in one hour. That is a flood at a frequency of occurrence, once in every five years. The City would expect to have flooding probably once in every five years in some areas. The only way to get 90614 -4 Minutes of the Regular Meeting - June 14, 1979 around that is to increase the design which means larger pipes and ditches. However, Mr. Lanham commented that one thing to remember is that if the outfall ditches are full, no matter how large the storm sewer, the City will still experience problems. Councilman Cannon stated that one of the problems this year is that Baytown has experienced so much rain that the ground is saturated. He further stated in the budget process this year, the Administration will have an opportunity to put together some costs for Council to consider. Councilman Kloesel commented that he has been concerned about cutting the streets down such as Ward Road and North Main. Councilman Kloesel requested that when the presenta- tion is made, Council be given alternates in order that ' Council will have a better idea as to how high the road should be constructed when considering a major thoroughfare. Councilman Philips felt that a work session should be held to discuss drainage. Councilman Cannon commented that he would like to commend Norman Dykes on his comprehensive report. Mayor Hutto recognized Mr. Norman Choate, a resident of Baytown that lives at 1414 McPhail in the Hollaway Addition. Mr. Choate explained that he is one of a group of thirteen residents present at the meeting who reside in Hollaway Addition. Homes in this addition have been flooded twice. The first occurence was in 1973 afterwhich, the City added the culverts in the Hollaway Addition and made other adjust- ments which did help the drainage. After each hard rain, the subdivision fills with water. Approximately seven homes were flooded on June 2, 1979. In 1973, approximately 14 homes were flooded. Mr. Choate pointed out that Hollaway Addition is at one of the highest elevations in Baytown. Mr. Choate explained that the residents of the Hollaway Addition are asking two things of Council: 1) To get top priority for elevations to be shot with a survey crew to make some determinations for long range relief. 2) To get temporary relief. Councilman Philips asked that this area be included in the discussion to be held on drainage in a work session. Questions or Comments Regarding the City Manager's Report Councilman Kloesel commented that he is receiving complaints on bursted garbage bags and felt that cans should be used. A Representative of Baytown Wrecker's Association Appeared Mayor Hutto recognized Manuel R. Pease, a representa- tive of the Baytown Wrecker Association, who requested that City Council consider granting a rate increase to the wrecker owner /operators. Mr. Pease explained that there had been no increase in rates since 1972, yet the cost of living had increased considerably during the period from 1972 to 1979. Mr. Pease handed to Council a list reflecting the desired increases and requested consideration be given to these increases next meeting. Another request of the wrecker association was that a procedure be considered whereby the wrecker owner /operators would be allowed to send any available wrecker when dis- patched by the Police Department. Currently, when a permit number is dispatched, only the wrecker permitted under that 90614 -5 Minutes of the Regular Meeting - June 14, 1979 number may respond. Councilman Cannon requested that the Administration look at this change and report to Council at the next meeting with a recommendation. In this regard, Councilman Cannon requested that the Administration also consider the transfer of vehicles and what protection could be afforded the citizen once the vehicle is towed, and to consider clarification regarding storage within the first 24 -hour period after an accident. yr. Pease commented that to provide transfers with no fee attached would be providing free wrecker service. An item will be placed on the next agenda regarding amendments to the wrecker ordinance. Ordinance - Awarding the Bid for Supply and Delivery of Valves for the BAWA Water Transmission Line Project Council authorized the Administration to take bids on valves for the BAWA Water Transmission Line Project. The delivery time on the valves is longer than on the pipe that will be necessary for these lines. On May 24, 1979, eight bids were received for valves for the BAWA Water Transmis- sion Line Project. The bid tabulation follows: Western Pipe & Supply Company Modupac, Inc. Municipal Pipe Allis- Chalmers The Rohan Company Jones Supply Company, Inc. Alliger & Sears Company, Inc. Imperial Pipe and Supply $35,178.94 - 51,640.00 - 44,584.00 - 49,699.00 - 42,179.61 - 37,920.86 - 42,374.00 - 40,712.00 Western Pipe and Supply Company submitted the low bid in the amount of $35,178.99, which was below the estimate. The Baytown Area Water Authority has recommended awarding the bid to Western Pipe and Supply Company. The Administration recommended approval of the ordinance. Councilman Cannon gone. In response to a question from Councilman Kloesel, Scott Bounds, City Attorney, explained that there would be a restriction as far as case laws is concerned upon City Council rejecting a bid because of a foreign product. Councilman Philips moved to accept the bid of Western Pipe and Supply Company; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips and Caffey Mayor Hutto Nays: None Abstained: Councilman Kloesel ORDINANCE NO. 2677 AN ORDINANCE AUTHORIZING BAYTOWN AREA WATER AUTHORITY TO PURCHASE WATER VALVES FROM WESTERN PIPE & SUPPLY COMPANY, INC. Councilman Kloesel commented that in the future, on major steel items, he would like to know if they are American made products. 90614 -6 Minutes of the Regular Meeting - June 14, 1979 Ordinance - Authorizing Contract with Lake Municipal Utility District and San Jacinto Mall, Inc. for Construction, Dedication, and Acceptance of Waste- water Collection and Water Distribution Systems Council approved this contract at the last meeting. The attorneys for the San Jacinto Mall, Inc. want to make a few minor changes. On the first page of the Attachment in the second paragraph, a sentence was added stating the City has by Ordinance No. 2678 passed June 14, 1979, authorized its Mayor to execute this agreement. The second change requested is on Page 4, Article III, Paragraph A, Easements, which reads: "The City understands and agrees that such easements may be subject to limitations regarding access; provided, however, that before District and Company obtain an easement subject to limitations regarding access, said limitations must be approved by City. The City further understands and agrees that such easements may be conveyed to it prior to completion of the systems. The terms and provisions of any of the easements described shall be incorporated into and made a part of this contract." Mr. Bounds explained that these sentences had two major objectives. The first being that the San Jacinto Mall will be dedicating property to the City and it is going to desire that there be some provision for access to their property while the City is working within those easements. They wanted to make it clear that there were some provisions for access intended. Secondly, they wanted to make it clear that they may convey some of the property to the people prior to the completion of the system. After the City receives the money for the contract, and starts building the line, they may start dedicating some of these easements to the City. *Councilman Cannon back. Mr. Bounds explained that at the bottom of Page No. 7, it states that the City agrees to accept waste from the District upon the following terms and conditions: Upon or before completion of the wastewater collection system, the City agrees to sell to the District up to 500,000 gallons per day capacity in the City's waste treatment system. In the prior draft, the Lake Municipal Utility District had stated that they would provide the City with payment for that 500,000 gallons per day capacity upon or before August 1, 1979. At this time, they are not sure that they are going to be able to have the bond funds available to pay for that capacity by August, 1979, so the Administration is deleting that specific date and making the payment due upon or before completion of the system. The final change is the addition of Paragraph J, Indem- nity Agreement. This provides that the City shall indemnify and hold harmless the Company, District, and South Gulf, and their respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits and judgments arising out of or resulting from the performance of the work by the City or its contractor necessary for the execution and completion of the water and wastewater systems described herein; provided however, that such damage, loss, demand, suit or judgment is attributable to personal injury or the destruction of tangible property and is caused in whole or in part by any negligent act or omission of the City or its contractor. Mr. Bounds explained that Lake Municipal Utility District had requested that the City provide some indemnity to them since the City was going to be in sole control of the project. Mr. Bounds felt that this will not increase the liability of the City in that the City is still going to have to be negligent of commission or omission before the City can be found liable and he commented that he is not sure that an indemnity clause is binding upon the City. Mr. Bounds commented that in all of the City's form contracts, the City requires the contractor to indem- 90614 -7 Minutes of the Regular Meeting - June 14, 1979 nify the City from any damages that result from his actions. Mr. Bounds commented that these changes do not substantially alter the contract and he recommended approval of the contract. Councilman Philips felt that on Page 8 of the contract wording should be added to make it clear that the payment is to be in a lump sum amount. Mr. Bounds suggested the fol- lowing wording: "The City agrees to sell to the District upon a lump sum basis up to 500,000 gallons per day capacity in the City's waste treatment system at a price per gallon determined by the study being conducted by Langford Engineering, Inc. for the City, and in addition to this lump sum payment, the District shall also pay to the City a monthly sewer charge based upon water consumption." Councilman Philips felt this wording would clarify that the payment was to be a lump sum payment. Councilman Philips moved for the approval of the con- tract as revised and amended, which motion also included the adoption of the proposed ordinance. Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel and Caffey Mayor Hutto Nays: None Abstained: Councilman Cannon who was absent during the discussion of the item. ORDINANCE NO. 2678 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH LAKE MUNICIPAL UTILITY DISTRICT, OF HARRIS COUNTY, SAN JACINTO MALL COMPANY, AND SOUTH GULF MANAGEMENT, INC. FOR CONSTRUCTION, DEDICATION, AND ACCEPTANCE OF WASTE- WATER COLLECTION AND WATER DISTRIBUTION SYSTEMS. Ordinance - Deleting Property in 1500 Block of North Main from Fire Zone Council received a copy of a letter from Darian Barker requesting an amendment to the fire zone ordinance to allow him to place a portable building at 1601 North Main. This area is 100 feet deep and 125 feet along North Main and is north of Williams Avenue. The owner of the property has leased the property to Mr. Barker, who intends to place on the property a portable building of wood frame construction with metal siding. The portable building would be used as an office building for a used car sales operation. The City's present fire zone regulation does not permit this type of construction. The Council has removed areas from the fire zone for similar purposes during the last few years. Mr. Lanham explained that he had asked Mr. Bounds to check on the possibility of the ordinance being amended to make exceptions in the case of temporary buildings. A problem with removing areas from the fire zone is that once the temporary structure is moved, a building could be con- structed that does not meet the City's fire zone regula- tions. To amend the ordinance to permit this type of use on a temporary basis would be a better solution. Mayor Hutto recognized Darian Barker, the gentleman that made the request. Mr. Barker explained that the building that he would like to set is a metal construction that has 2 x 4 treated studs. The building is insulated, panelled and wired and it does meet the City's code as far as electrical, sewer, etc. Mr. Barker commented that it is prohibitive to him, as an individual working, to build a 90614 -8 Minutes of the Regular Meeting - June 14, 1979 permanent structure when he can only get a one -year lease on the property. Mr. Bounds commented that he feels that the Administra- tion can draft a suitable ordinance if portable buildings could be defined that would just allow certain types of buildings to be placed in fire zones. Councilman Cannon asked that the Administration research the matter and come back to Council at the next meeting with an ordinance. Council had no objection to Mr. Barker's request and assured him that he would be safe in ordering the portable building. Ordinance - Awarding the Bid for Purchase of Traffic Paint Two bids were received for the purchase of white and yellow traffic paint for the Planning and Traffic Depart- ment. The bid tabulation is attached to the minutes as Attachment "A ". The low bid was submitted by Glidden C &R Division SCM in the amount of $8,946. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2679 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GLIDDEN C & R DIVISION SCM CORPORATION FOR THE PURCHASE OF ESTIMATED QUANTITIES OF TRAFFIC PAINT ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding the Bid for Carpeting of City Hall Money was included in the current budget to carpet the offices, and hallways of City Hall, but not the lobby area. Plans were not made to carpet the basement area. Invita- tions were mailed to eleven local companies and three in Houston, and only one bid was received within the time limit for the purchase and installation of carpet in City Hall; one bid came in after the time limit. The bid tabulation is attached to the Minutes as Attachment "B ". The bid received by A -1 Home Improvement on a per square yard basis is $10.87 installed. Mr. Lanham passed out a sample of the color of carpet that the Administration is proposing to be installed. Mr. Lanham explained that the Administration had been in touch with many of the companies that were forwarded an invitation to bid. Many of the firms were not equipped to handle a large job, many had too much work and could not handle another, and one did not have carpet to meet the fire rating on the specs. Mr. Lanham felt that many companies were discouraged because of the need to move the heavy furniture. Mr. Lanham pointed out that with installation of car- peting, cost of maintenance would be less. Also, in the City's invitation to bid, the Administration included an item to allow a deduct if the City paid 80% of the bid price upon delivery of carpet. The bidder did bid a deduction for 80% payment of the bid price upon delivery of the carpet. 90614 -9 Minutes of the Regular Meeting - June 14, 1979 Councilman Kloesel moved for adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2680 AN ORDINANCE ACCEPTING THE BID OF A -1 HOME IMPROVEMENT CENTER, INC. FOR THE PURCHASE OF CARPETING FOR CITY HALL AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWELVE THOUSAND TWO HUNDRED SEVENTY -THREE AND N01100 ($12,273.00) DOLLARS. Ordinance - Awarding the Bid for Annual Supply of Hot Mix - Cold Lay Asphalt One bid was received for the City's estimated annual supply of hot mix -cold lay asphalt. The bid tabulation is attached to the Minutes as Attachment "C ". The only bid was submitted by Radcliff Materials, Inc. at an estimated total cost of $10,500. The unit price bid is $21 per ton. Bids were taken in May for this same item. Radcliff Materials, Inc. was the only bidder and submitted a bid at the unit price of $19 per ton. That bid was rejected because of lack of competition. The Administration recommended approval of the ordinance. Councilman Philips moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2681 AN ORDINANCE ACCEPTING THE BID OF RADCLIFF MATERIALS, INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF HOT MIX -COLD LAY ASPHALT ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. Ordinance - Awarding the Bid for Annual Supply of Hot Mix Asphalt Two bids were received for the purchase of the City's estimated annual supply of hot mix asphalt. The bid tabu- lation is attached to the Minutes as Attachment "D ". Rad- cliff Materials, Inc. submitted the low bid with a total cost of $18,250 for a unit price of $18.25. The Adminis- tration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2682 AN ORDINANCE ACCEPTING THE BID OF RADCLIFF MATERIALS, INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF HOT MIX ASPHALT ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. 90614 -10 Minutes of the Regular Meeting - June 14, 1979 Ordinance - Reducing the Speed Limit on Bayway Drive During Construction Council received a copy of a letter from Omer F. Poorman, District Engineer for the State Department of Highways and Public Transportation, regarding the implemen- tation of a construction speed zone from Cabaniss Road to Park Street while that portion of Bayway Drive is being rebuilt by the Highway Department. When the City accepted the Highway Department's offer to do this, the City agreed to regulate traffic, prohibit parking and prevent encroach- ment on the right of way in accordance with their policies. Councilman Philips commented that he does not favor setting a half -mile speed trap right in the middle of the roadway. Councilman Philips further stated that he wished there would be some alternative to that when the construc- tion is actually in progress, a 35 mile per hour speed limit is enforced and over the weekends and at night, it could revert to 40 mile per hour speed limit. Mayor Hutto felt that the present speed limit is suf- ficient for the Highway Department to do the construction work. Councilman Philips commented that he realizes that the City is dealing with another agency but would certainly like to attempt not to have to set that lower speed limit. Councilman Philips suggested that the Council write a letter to the Highway Department stating that the City Council of Baytown does not believe that this is in the best interest of serving the traffic in that area, pointing out that the one -half mile portion of that roadway is so small, it would be questionable that it could be enforced. Councilman Kloesel suggested the posting of warning construction signs at that location. Councilman Philips moved that the City of Baytown formally respond to the Highway Department, pointing out the Council's feeling, and the negative impact and go on record to say that the City of Baytown does not agree with the request; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel, Caffey and Cannon Mayor Hutto Nays: None Ordinance - Authorizing a Lease Agreement for Use of Citv -Held Property at Defee and North Main The owners of Roosters, Inc., a restaurant on West Texas Avenue, have expressed interest in leasing City -held property at the intersection of Defee and North Main. The City is trustee of this property which was acquired by the City, Goose Creek Consolidated Independent School District and Harris County as a result of tax sale. The owners of the restaurant would like to use this area as a parking area for their restaurant. Council received a copy of a letter from Joseph B. Muller, real estate appraiser, who has indi- cated that he feels the lease value of this property is $100 per month. The Administration has prepared a 2 -year lease agreement with the owners of Roosters, Inc. which reflects $100 per month lease fee. In this document, the owners of Rooster's, Inc. agree to provide some off - street parking, 3 spaces for the Chamber of Commerce, and have also agreed to dust -proof this parking area. The Administration recommen- ded approval of the ordinance. 90614 -11 Minutes of the Regular Meeting - June 14, 1979 Councilman Kloesel moved for adoption of the ordinance; Councilwoman Caffey seconded the motion. The City Attorney, in response to a question from Council, explained that the agreement basically is a two - year lease, but either party may terminate in writing by 30 days advance notice. The vote follows: Ayes: Council members Philips, Kloesel, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2683 AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A ONE YEAR LEASE AGREEMENT FOR CERTAIN PROPERTY AT NORTH MAIN AND DEFEE STREETS ON A MONTH -TO -MONTH BASIS FOR A MONTHLY RENTAL OF ONE HUNDRED AND N01100 ($100.00) DOLLARS. Ordinance - Authorizing Purchase of Land from Harris County Council has received a copy of a letter from Tom Edmonds, Sr., a real estate appraiser, concerning the value of prop- erty owned by Harris County adjacent to the City's Fire Administration Building on South Main Street. The value of the property, according to Mr. Edmonds' appraisal is $7,000. The City is interested in acquiring this property so that it may be used on a permanent basis by the Department of Plan- ning and Traffic. Money has been included in the 1978 -79 budget for this purpose. Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel, Caffey and Cannon Nays: Mayor Hutto ORDINANCE NO. 2684 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER ON AND PURCHASE 9,300 SQUARE FEET OF LAND, MORE OR LESS, FROM HARRIS COUNTY; AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF SEVEN THOUSAND AND N01100 ($7,000.00) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 680 - Transferring Funds from General Fund Contingency Account to Various General Fund Accounts The proposed resolution authorizes the transfer of $52,000 from the General Fund Contingency Account to the following accounts: 1. $9,500 to 202 -05 -0400, the Fire Department motor vehicle maintenance account, to replace a damaged automatic transmission in a pumper truck 2. $22,000 to 301 -04 -0800, the Street and Drainage Division street maintenance account for street maintenance materials 3. $20,500 to 301 -09 -0900, the Street and Drainage Division storm sewer materials account. The largest amount is to be transferred to the Street and Drainage Department to continue the drainage work now underway, and to complete scheduled projects. One of the projects 90614 -12 Minutes of the Regular Meeting - June 14, 1979 planned for this fiscal year is the Greenwood Drive storm sewer. Funds have been depleted which are used for the purchase of asphalt materials, concrete, and stabilized materials. A total of $133,000 remains in General Fund Contingency Account. The amount of transfers will reduce this amount by $52,000. The Administration recommended approval of the resolution. Councilwoman Caffey moved for adoption of the reso- lution; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 680 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER FIFTY - TWO THOUSAND AND N01100 ($52,000.00) DOLLARS FROM BUDGET ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO ACCOUNTS WITHIN THE GENERAL FUND. Resolution No. 681 - Appointing Alternate Member to Houston - Galveston Area Council Executive Committee The proposed resolution appoints a Council member as an alternate to the Houston- Galveston Area Council Committee to replace Jody Lander. Councilwoman Wilbanks, the City's primary member, is out of town and will not be able to go to the meeting this month. Therefore, it is important that an appointment be made tonight. The Houston - Galveston Area Council meets once a month on a regular basis and occasion- ally there are special meetings. The meetings usually last all morning. The alternate is not required to attend the meetings when the primary member attends. Councilman Philips suggested that Councilman Cannon fill that vacancy based on his tenure with the Council. Councilman Cannon responded that he would be honored to serve on the committee, but he will not be able to attend the next meeting of H -GAC because he will be out of town. Councilman Philips nominated Councilman Ted Kloesel. The vote follows: Ayes: Council members Philips, Kloesel, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 681 A RESOLUTION APPOINTING TED KLOESEL AS THE OFFICIAL ALTER- NATE VOTING DELEGATE OF THE CITY OF BAYTOWN TO THE EXECUTIVE COMMITTEE AND THE GENERAL MEMBERSHIP BODY OF THE HOUSTON - GALVESTON AREA COUNCIL. Consider Application of P.S. Contractors for Wastewater Permit Included in the City Council's packet was a copy of a letter from Mr. Knox W. Askin, attorney for P. S. Contrac- tors, Inc. In this letter, Mr. Askin requested that the City of Baytown withdraw its opposition to P. S. Contrac- tors' application. Councilman Philips contended that no facts had been presented to substantiate the request for relief. 90614 -13 Minutes of the Regular Meeting - June 14, 1979 Mr. Ronnie Patterson and Mr. James Stipes, owners of P. S. Contractors, Inc. were present. Mayor Hutto recognized Mr. Patterson, who stated that the main objection posed at the hearing was the effect that the proposed discharge would have on Goose Creek Stream. Testimony given at the hearing reflected that the effluent discharged under this applica- tion would improve Goose Creek Stream. Councilman Philips stated that he could not possibly vote on this matter since no information had been presented to Council regarding the testimony given at the hearing and no information had been presented to substantiate that the effluent to be discharged under this application would meet state standards. Therefore, Councilman Philips moved to table the matter; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel and Caffey Mayor Hutto Nays: Councilman Cannon Mayor Hutto called a ten minute recess. Consider Request of First American Bank for Exception to Curb Cut Policy for Driveway on Texas Avenue Representatives of the First American Bank have asked to appear before the Council to seek an exception to the City's curb cut policy to widen the driveway on Texas Avenue which leads to the bank's drive -in windows. Mr. Bounds commented that when Council adopted its off - street parking ordinance in 1977, it provided that permits for curb cuts would be issued by the Chief Building Inspector pursuant to a set of engineering standards which were attached to the ordinance. First American Bank's request is in conflect with the requirement that the maximum curb cut be 351. First American Bank presently has a 76' curb cut for the drive -in windows and the request is to widen the cut an additional 321. Mayor Hutto recognized Mr. Dean Evans, Executive Vice President of the First American Bank. Mr. Evans explained the whole drive -in layout was designed before the present ordinance was adopted. The bank has been receiving many complaints from customers because traffic flow is hampered at the last two drive -in windows nearest Decker Drive. Mr. Evans presented Council with a layout of what was being proposed, that is create a straight traffic flow into each one of the drive -in windows to eliminate the traffic flow problems. Council had no objection to the variance being requested by First American Bank and Trust. ' Councilman Kloesel moved that the request for variance to the curb cut standards made by First American Bank and Trust be granted; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel, Caffey and Cannon Mayor Hutto Nays: None Discuss Sanitary Sewer Problem near Intersection of Loop 201 and Durrain Road Councilman Kloesel commented that he had asked that this item be placed on the agenda and the intent of having it placed on the agenda, was that it appeared to him that 90614 -14 Minutes of the Regular Meeting - June 14, 1979 there might be an emergency situation for funds. Mr. Lanham explained that many of the sanitary sewer problems near the intersection of Loop 201 and Durrain Road stems from pump problems at the lift station in front of the Bingswanger Glass Company on West Main. This station has three pumps and two of them must function or there is a backup in the lines. Three other lift stations from other parts of the east Baytown area flow to this location and then it is pumped across the West Main Bridge to the sewage treatment plant. Mr. Lanham explained that there was a problem earlier with an overflow because of a stoppage in the line, but that has been cleared. The problems that occur during heavy rains were primarily inadequate pump capacity for the heavy flow that comes to that lift station during periods of heavy rain. Also, if two of the pumps in that lift station malfunction simultaneously, there is a backup. In response to a question from Councilman Kloesel, Mr. Dykes explained that the pumps would have to be sized and space will need to be located which will take some time, but $10,000 had been included in the budget request for 1979 -80 to correct the problem. Councilman Kloesel stated that he would like an item to be placed on the agenda for the next meeting concerning the plans for this enlargement and if the project should be accomplished with City forces or contracted. Councilman Philips concurred. Mr. Lanham explained that the Administration can come back to Council at the next meeting with a better cost estimate. Discuss General Structure of Boards and Committees Councilman Cannon commented that he had requested that this item be placed on the agenda in order that Council could consider the removal of all council members from standing committees. Councilman Cannon expressed the feeling that by having a council member as a committee member that on controversial issues where the committee's decision is appealed, the Council member, who is also a committee member, has already formed an opinion. Councilman Cannon felt that Council members should be removed from standing committees and therefore moved to take whatever action may be necessary to remove all Council members from standing committees to be effective immedi- ately; Councilwoman Caffey seconded the motion. Councilman Kloesel commented that he would have to vote against this because as an elected official, he feels that the committee structure is important in a democracy, and serving on a committee better prepares a Council member to make a decision. Councilman Philips stated that the duty of a Council member is to set policy, which the staff is to implement that policy. Trying to set policy and carry out policy places the Council member in a dual role. Committees should present needs to Council for a policy decision. The vote follows: Ayes: Council members Philips, Caffey and Cannon Mayor Hutto Nays: Councilman Kloesel Mr. Lanham reminded Councilman Cannon that ordinances would need to be enacted to alter the structure of the standing committees. Councilman Cannon responded that the ordinances necessary should be drafted and presented for Council consideration as soon as practical. 90614 -15 Minutes of the Regular Meeting - June 14, 1979 Ordinance - Amending the Wrecker Ordinance to Alter the Makeup of the Wrecker Committee Mr. Lanham explained that this ordinance would imple- ment the restructure of membership of the City Council Wrecker Committee. This has been discussed at a prior meeting. The committee would be composed of the following persons: Chief of Police, an auto wrecker permit holder, and three other citizens not in the auto wrecker business. Such appointments shall be made by Council for a term of two (2) years and shall coincide with the term served by the Mayor. Councilwoman Caffey moved for adoption of the ordi- nance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Caffey and Cannon Mayor Hutto Nays: Councilman Kloesel Abstained: Councilman Philips ORDINANCE NO. 2685 AN ORDINANCE AMENDING CHAPTER 6, "AUTO WRECKERS AND TOWING VEHICLES," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN TO RESTRUCTURE MEMBERSHIP OF THE CITY COUNCIL WRECKER COM- MITTEE. Consider Appointments to the Wrecker Committee This will be discussed during executive session. Consider Appointments to Baytown Clean City Commission This will be discussed during executive session. Consider Appointments to Bond Election Committee This will be discussed during executive session. Committee Reports Councilman Kloesel stated that the Cemetery Committee had met with the Holland family and their attorney and also attorneys for persons who had deceased relatives buried in the Cemetery. The Cemetery Committee would like to schedule a work session with Council within the next meeting or so to brief Council on their findings. Recess and Reconvene Mayor Hutto recessed the open meeting into executive session to discuss personnel matters, pending litigation, and to consider the purchase of value of real property relating to proposed municipal airport. When the open meeting reconvened, the following business was transacted: Consider Appointment to Baytown Clean City Commission Councilwoman Caffey nominated Libby Weisinger to serve as a member of the Baytown Clean City Commission; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel, Caffey and Cannon Mayor Hutto Nays: None 90614 -16 Minutes of the Regular Meeting - June 14, 1979 Consider Appointments to Bond Election Committee Mr. Lanham explained that the Administration circulated a list of possible members for a Bond Election Committee but in view of the short time that the City has, he felt that one possibility is for the Council to authorize the Mayor to appoint a citizens committee. Councilman Philips moved that the Mayor be requested to appoint the citizens committee for the bond election; Council- woman Caffey seconded the motion. The vote follows: Ayes: Council members and Cannon Mayor Hutto Nays: None Philips, Kloesel, Caffey Appointment of Director of Finance Mr. Lanham requested City Council's approval of his appointment of Pat Tobin to the position of the Director of Finance. Mr. Tobin worked for the City of Baytown for several years prior to accepting a position in Arkansas. Mr. Lanham explained that he would like to make this appoint- ment with a salary of $25,500 and a car allowance of $1,500. Councilman Kloesel moved that the Council accept the recommendation of the City Manager for the new Director of Finance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members and Cannon Mayor Hutto Nays: None Philips, Kloesel, Caffey Consider the Purchase or Value of Real Property Relating to Proposed Municipal Airport Council requested that the Administration contact the owners of the Humphrey Airport and discuss the purchase of that property. Unfinished Business Councilman Philips commented that since the cost of fuel keeps rising, as a policy matter, the City needs to recognize this. He requested an item be placed on the next agenda whereby the City Manager outlines policies and pro- cedures that will be implemented across the board on how to get the most for the City's fuel dollar. Mr. Lanham responded that he would like to include energy conservation measures being initiated in municipal buildings as well. Adjourn With no further business to be transacted, Mayor Hutto adjourned the meeting. Karen Petru, Deputy City Clerk APPROVED: S_e " - 7 Eileen P. Hall, City Clerk 0Zr-c-) mMm:�a moos' r �n v C m 'o r r < < m r � C) n D O z m °r r o� D V *1 to �o Cl) w D w z o � o, 3 M n w rn BOO t NO WO NO O -O - O m z ° r o n1, r IC -4 � tD 0 K M to �n D D -n z C-) t"f _ D j D 00 Q` N z z -I 0 0 0 o z v 0 O D 1 r z `� m °r r o� D V *1 to �o Cl) w D w z o � o, 3 Attachment "A" vN -v w rn cn %-n C r A — z O ° n o n1, � tD -- K -• to �n vA z j 00 Q` N 1 zo zo o M v 0 O 0 1 W z `� -� x ON G rn < O N O O O rn A Co o 07 N V1 .+ m w w N vi vi -1 rD D -C x W W �O x a un - z 0 0 0 v Z C 0 0 0o z Attachment "A" CI! z k Rl� V N lD N c, D- Zn 2 1` V N V O% rn i O 0 0 O O O O O M. M O C) O O , D -r •cam a Ci z � .. � I 710 C a � v X m • � 0 e to m N _• O -1 f1 Z d f1 r i Q v n N CT v -• m N n N �D O V n v d O CD n lD ro' OP c v c n v �' vi ,� -� -i - n ro v n -• ro o ro -• D D D n to n M n �• N N Co v Go C-1 O ° ~ O r Cu v o -o3 'a -� y r O v c :3 a c'> > Cu to n o r c7 n 3C -G O K .O O -• -• � x �. I � ._ d m z N Ci r, 0 -1 v M O -% - % c) f<D O -1 -n -� n► Q 0 (C) ro n � m d a W a °^ vc oo °n ° Cr o -°n o 1 13 M l r 7 r%f N OJ -f1 per.. ro 1 Cn ro ro CI! z F4 ) Z I C7 Attachment "B" k Rl� V N lD N c, OJ Zn 2 1` V V Vl -' V O% OD K` O 0 0 O O O O O U O O ... ... O C) O O , D -r z � =+ C a r� X m � 0 e F4 ) Z I C7 Attachment "B" CITY OF BAYTOWN ANNUAL HOT MIX -COLD LAY ASPHALT CONTRACT TITLE: BID TABULATION B r D: 796-51 DATES .tune 1 1 , 1979 - 9:30 a.m. IrE1V1 QTY ' DESCRIPTIOrV RADCLIFF MATERIALS _ UNIT EXTEt��EO l.��ri —T XT�N0 0 !.N!' �'X'ENDEO UNl7 EX'EN,7t7 C,t1rT E:i'x';�;,�;, 1 1 Estimated ; I j 500 tons ANNUAL HOT MIX -COLD LAY ASPHALT ! j CONTRACT $ 21.00 ISiO,500.00* { J SUPPLY LOCATION: Galena Park, Tex. MILEAGE FROM 1200 LEE DR.: 18 miles � i MAXIMUM LOADING TIME 30 minutes 1 = 'Price Airm for six (0 months j j +, Z Two companies submitted No aids ! ! 1 U Sever (7) companies were mailed r i i ; � J +� invitations to bid. � f 1 � I j 1 GROSS TOTAL LESS DISC. N F7 TOTA L DL_JVERY GITY OF BAYTOWN TiTL F: A�aL HoT MCI X�35PHALT CONTRACT � JD TA BULATr ON �?6 -52 �lD� �- i7AT1 =� mom: s�?.�,�.��. -. '�.� . � ��. $OOI 1t1G.� �L1DC�lJ =f MATER ! ALS TEi�r° G?�Y DESCRIPTroN t..�N,T ��� =E.v�ED �rvr� tx �rvDFJ rJ�v ;r "R:C� � �� - --- -- - - - -- t � � i � i 1 Estimated + � ;. i i 1 , 000 tons ANNUAL HOT MIX ASPHALT CONTRACT $19.10 ' S 19 ,100.00 $18.25 � 518 , 250.00�� , I SUPPLY LOCAT10r1: Seabrook ; Texas Galena Plark, Texas t�t � i ;MILES FROM 1200 LEE DP.. 17 :�i les � l8 mi les ' i r;I�XIMUM LOADitJG TIME 3G minutes 30 minutLs � { i i `Prices firm for ='Prices �irm for i ' Six (6} jnonths Six (6) ry�onths � f , k One (1} company sub��itted a No Bi ! I i . ' :Seven (%} companies were mailed i } invitations to ibd. I 1 � � j , � � ! i ' :` ` ' 1 t � 1 �k � I CROSS ro�A� LESS DISC. f�'T ToTA L DcLtVERY TENDEC LrdrT EXTENCED .�N:t i E� E:tiDED ,_�,�i - - � I i k i i , f - ' A• } �� ��,� U I I