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
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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
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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
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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
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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.
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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-
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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
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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.
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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.
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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
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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
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1 1 Estimated ;
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j 500 tons ANNUAL HOT MIX -COLD LAY ASPHALT
!
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CONTRACT
$ 21.00 ISiO,500.00*
{
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SUPPLY LOCATION:
Galena Park, Tex.
MILEAGE FROM 1200 LEE DR.:
18 miles
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MAXIMUM LOADING TIME
30 minutes
1
=
'Price Airm for
six (0 months
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invitations to bid.
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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
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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 �
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:Seven (%} companies were mailed i }
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LESS DISC.
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