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1979 08 09 CC Minutes90809 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 9, 1979 The City Council of the City of Baytown, Texas, met in regular session on Thursday, August 9, 1979, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Fred T. Philips Jimmy Johnson Ted Kloesel Mary E. Wilbanks Eileen Caffey Allen Cannon Emmett 0. Hutto Fritz Lanham Dan Savage Scott Bounds Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Mayor Hutto called the meeting to order and the invocation was offered by Councilman Cannon. Receive Petitions None. City Manager's Report Entex - Council has received a copy of the letter from Mr. Howard Bell, Vice President of Entex, indicating that there has been a decrease in the cost of gas to Entex and as a result, the cost of gas has been decreased by 19.805 cents per hundred cubic feet. This adjustment will become effective with the bills rendered after August 6. Based on an average residential con- sumption of 6,000 cubic feet of gas per month, this represents a decrease of approximately $1.04 per month. This does not require Council action. Flood Control District - At the last meeting, the Adminis- tration was asked to contact representatives of the Flood Control District regarding the possibility of the city and the Flood Control District, jointly funding an update of the drainage plan that was developed several years ago. Mr. Lanham explained that he had contacted Mr. Gordon Smith about this and he had indicated that he would discuss this request made by the City with the appropriate County officials. Councilman Philips inquired if Mr. Smith had given a date of when he would be in touch with County officials. Mr. Lanham explained that he expects to do this next week. Intersections with No Right Turns on Red - At the last meeting, the Administration was asked to give Council a list of intersections with no right turns on red. This list is at the Council table. An item in this regard will be placed on the next agenda for the Traffic Committee's consideration. Street Improvement Program - All of the work has been completed with the exception of asphalting New Mexico Street. It was necessary to replace some of the curb and gutter, along with the valley gutter, which has held up completion of the project. The only work now remaining is the asphalting. 90809 -2 Minutes of the Regular Meeting - August 9, 1979 Sliplining - The contractor has installed the pipe between Forrest and Green Street from Pruett to North Jones and has completed the service connections on that job. City Employees Annual Picnic - A copy of an invitation to the City Employees Annual Picnic has been placed at the Council table. The picnic is to be held on Friday, August 17, 1979. Harris County Mayors and Councilmen's Association and the Texas Municipal League - A notice of a joint meeting of the Harris County Mayors and Councilmen's Association and the Texas Municipal League has been placed at the Council table and this meeting will also be held on August 17, 1979. Questions and Comments Regarding City Manager's Report Councilman Cannon commented he had received a call from residents in the Chaparral Village Subdivision complaining about the tall weeds growing in the County Flood Control Ditch. Coun- cilman Cannon felt that it would be very accessible for the Flood Control District to clean that ditch. Councilman Cannon commented that he had also received a call from a resident that lives in the Hollaway Subdivision advising him that the storm sewers in that subdivision are plugged. Councilman Cannon felt that the City may be able to give them temporary relief by cleaning the storm sewer. He further com- mented that it is in the plan stage to clean the ditch north of Massey Tompkins. Mr. Lanham commented that the City is planning to do that and explained that as he indicated at the last meeting, the City has permission from the railroad company to put a ditch on the east side of the railroad and that should help this situation. Councilman Cannon commented that at the last meeting, the Administration reported the STEP Program would not be funded after September. He further commented that he wanted to go on record that the citizens of Baytown are the losers in this thing and that he hated to see these funds diverted to the enforcement of 55 mile speed limit on the highways. Councilman Philips commented that he tends to agree with the statements made by Councilman Cannon because he felt that the STEP Program has been very effective. Councilman Philips also stated that he hopes that somehow the City of Baytown can avoid the discontinuance of the program. Councilman Kloesel commented that he received a request regarding the bridge over Goose Creek Stream on Baker Road. He commented that he is not very familiar with that but a request was made for the Engineering Department to consider cutting some holes in the bridge to release the water on that stream. Coun- cilman Kloesel felt that holes could be cut in the bridge without damaging the structure. Mr. Lanham pointed out that this is a county bridge. Councilman Cannon commented that while speaking of drainage, when he went out to look at the ditch in Chaparral Village coming back down Chaparral Drive, the entrance off Massey Tompkins Road, the little area that has been approved there, is just a little short street which street is very low. He inquired if that street is going to drain? He felt that this could be another area that will trap water. Mr. Lanham responded that the street is designed to drain. Councilman Philips commented that he was north of the City today, and saw that Harris County is working in some areas on ditch cleaning. He inquired if the County could give the City of Baytown their schedule or plan, what are they going to be doing within the next three or four months so that Council can be aware of what the County's priorities are and what they intend to do. The City of Baytown has no idea of where they are working. •1:1• Minutes of the Regular Meeting - August 9, 1979 Councilman Philips clarified that the reference should have been to the Flood Control District. Councilman Philips commented that it seems to him that there is a program or an organized effort here but the City is not aware of just what they are doing and obviously, it impacts on the City's work and the drainage in Baytown. Mr. Lanham commented that in talking with Air. Smith, the County is receiving delivery of mowers and other equipment that was ordered last year in October and November. The tax that the citizens pay to the Flood Control District was increased approxi- mately two years ago and one of the reasons for that increase was to improve on the maintenance of the ditches. The equipment that is being purchased from those funds is just now being received. Councilwoman Wilbanks inquired if the City or County had any authority concerning the filling in of property along the streams. The incident at the bridge on Garth Road, where property was filled in which placed it above the flood plain but created problems further down the stream is the reason for the inquiry. Scott Bounds, City Attorney, explained that there is a permit procedure through the Texas Board of Water Resources dealing with any filling or drainage adjacent to a state stream which would affect any type of construction work around the stream that would affect the drainage. Councilwoman Wilbanks inquired if Goose Creek Stream would be considered a state stream. Mr. Bounds indicated that it would be a state stream. Councilwoman Wilbanks felt that the City should watch that and see that that process is adhered to. Councilman Kloesel commented that he has not reviewed the budget thoroughly, but inquired if it would be necessary to get another piece of drainage equipment or is the City properly utilizing its present equipment. He commented that he is con- cerned about the maintenance and it appears that the City is not having a periodic check of storm sewers. He felt because drain- age is such a serious problem, the Council needs to monitor the cleaning maintenance of storm sewers. Mr. Lanham commented that the problem there is not equipment but having enough people to do all the work. Councilman Kloesel stated that he tends to think that the City has enough people. It is just a matter of shifting and handling priorities, but this is an item that he would like to look at. For instance, is more personnel needed to clean ditches? Councilman Kloesel also pointed out that personnel has been diverted to work on railroad crossings and that the Admin- istration and Council need to take a real strong look at this. Councilman Kloesel requested that the Administration report periodically on a two month basis as to what is happening on storm sewer maintenance. James W. Girardeau Appeared Mr. Girardeau appeared in his capacity as President of the Lakewood Civic Association. The association consists of 155 members and represents approximately 456 homes. Mr. Girardeau stated that he wished to discuss two items that are related - -the proposed barge terminal in Burnet Bay and initiative election on Brownwood. The association requested that the City Council do everything in its power to prevent the establishment of the barge terminal in Burnet Bay and requested that the matter be referred to the City Attorney to determine what action could be taken. He mentioned that the terminal would be unsightly, would tend to pollute the bays, would limit the recreational use of the bays and would cause a decline in property values in that area. He pointed out that this is an area where shrimp spawn. The area has been restricted to prohibit commercial fishing by the City's placement of buoys. Secondly, Mr. Girardeau mentioned that the association had voted to attempt an initiative election on the Brownwood issue which would only require 249 signatures. A five - member committee will be necessary to circulate the petitions. Mr. Hery Rosenbaum Minutes of the Regular Meeting - August 9, 1979 is representative on the committee from Lakewood and Mr. Reggie Brewer has agreed to act as chairman. Three citizens will be selected from other areas of the City to be responsible for circulating the petition. In response to an inquiry from Council, Scott Bounds, City Attorney, explained that his initial reaction when approached by the newspaper and others in this regard was that this would be one of the areas which would be subject to initiative petition since a bond issue would not be an ordinance appropriating money or authorizing the levy of taxes. Mr. Bounds did state that he had not researched the matter thoroughly since Council had not requested an opinion, but the City Charter does provide for very broad initiative powers. Also, the Texas Supreme Court has repeatedly upheld the right of people to present initiative petitions. However, Mr. Bounds reiterated that he had not researched the subject thoroughly as to how far the powers of initiative petition would extend or what limitations there may be. Mayor Hutto ended the discussion by stating that he would certainly hope that Council would do everything within its power to insure that this terminal is not established. Mr. C. E. Moore questioned the initiative petition proce- dure. Mr. Bounds explained that the key was what is an ordinance appropriating funds and the Charter provides that where an ini- tiative petition is filed, Council must call an election within 120 days or be subject to court order that the election be held. Mrs. Jean Shepherd Appeared Mrs. Shepherd appeared as representative of the Brownwood Civic Association to inquire what timetable could residents of Brownwood look toward to have badly needed repairs made to drain- age, sanitary sewer, water systems and streets. Brownwood has been neglected for several years due to pending bond issue and possible evacuation. Citizens of the area feel emergency mea- sures should be taken to correct most serious problems. A specific problem mentioned is the drainage problem along Brown - wood Boulevard. Mrs. Shepherd pointed out that after the flood- ing, solutions to problems on the east and west sides of town were mentioned, but no solutions to Brownwood's problems. In response to Mrs. Shepherd's inquiry, the proposed drain- age study of the entire area was mentioned, along with the fact that the Administration has been asked to work up a list of possible solutions to immediate problems. Bill Walstead Appeared Mr. Walstead appeared to request that Council consider an executive session to hear personnel charges against his daughter, Jennifer. Council agreed to an executive session concerning that matter on September 13. Rod Calk Appeared Mr. Calk appeared as representative of Allenbrook Subdivi- sion and presented a petition which had been signed by almost 100% of the residents of Section Nos. 1 and 2. The petition requested that the City Council direct efforts to find the causes of flooding and effect remedies. Mr. Calk reminded Council that this is the hurricane season, and therefore, the petitioners urge and plead for immediate inspection and correction of items that do not require study such as: 1. Cleaning out sewers and drains - -are they big enough; are there enough of them -- Birdsong to Baker Road on Allenbrook, no sewers in between and approximately covers 5/10 of a mile. hi 90809 -5 Minutes of the Regular Meeting - August 9, 1979 2. Cleaning out of drainage ditches. 3. Involving the Harris County flood Control District as is appropriate. 4. Relieving Baker Road drainage in our subdivision on Allenbrook. 5. Establishing ordinances or enforcing ordinances if they already exist, or keeping debris out of the sewer system. Councilman Kloesel moved to accept the petition; Council- woman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Councilwoman Wilbanks commented that she had talked with several of the people in the subdivision and she appreciated the approach that they have taken. She also mentioned that the residents had banded together to dig three or four ditches in the midst of the rain to get some of the water out of the subdivision. Councilwoman Wilbanks commented that she also knows that during the time of the heavy rains, they were able to clean two of these drains themselves. If they were able to do that, there may be many other things in the main trunk lines that would carry this water out and if maintenance could take care of this problem, that would be a very good investment of City funds to maintain the capital expenditures that are already there. Councilman Cannon inquired as to what has been done since the flood in that particular area? Having been at the Sterling Graduation in early June, and hearing a report that Allenbrook did not experience any flooding during that rain, something had to happen in a very short period of time. Councilman Cannon commented that it is very hard to understand why the water backed up on July 26. Mr. Lanham commented that he cannot understand what could have happened between June 1 and July 26 to cause this type of flooding. Mr. Lanham commented that he had been told that water was coming down Allenbrook from Baker Road. A great deal of water came into the Allenbrook Subdivision from that source. Evidently, that did not happen on June 1. Councilman Cannon commented that looking at Baker Road, the City is creating problems in design of streets. Councilman Cannon felt that the City is doing something wrong in their design and felt that the City is not requiring proper subdivision drainage and felt that this is part of the problem. Mr. Lanham explained that if the City builds the streets higher, then the abutting property does not drain into the street. Mr. Lanham inquired if the City should need to put additional storm sewers between Allenbrook and the ditch, would residents of Allenbrook who live along there grant the City an easement to put storm sewers in? Mr. Lanham stated his reason for inquiring is that this is a remedy being considered by Norman Dykes, Director of Public Works and City Engineer. Mayor Hutto recognized a gentleman that resides in Allen- brook, Section III, who indicated that the night Sterling High School was holding their commencement, Allenbrook Section III did definitely experience flooding. The gentleman explained that the water did come from Baker Road on that particular night. The particular ditch that has been mentioned lacked four feet from being as full as the subdivision streets were. The gentleman felt that if Baytown is experiencing so many flooding problems with a rain, what will happen if Baytown experiences a hurricane? Mayor Hutto recognized Paul J. Gniadek, a resident of the Allenbrook Subdivision, who presented pictures to Council of the •1:1• . Minutes of the Regular Meeting - August 9, 1979 flooding of that subdivision. Mr. Gniadek explained that Mr. Calk has given Council a very accurate, comprehensive and some- what disturbing summary of all of the events that took place in Allenbrook on July 26, 1979. Since then, Mr. Gniadek has been in communication with many of the Council members and the Adminis- tration talking about the problem and trying to reach some solu- tion to these problems. The update that he had received is that the City Engineering Department is working on a study to deter- mine the cause of the flooding to issue specific recommendations. Mr. Gniadek explained that Mr. Dykes has been very helpful in this area. The City Engineering Department has also written a letter to the Harris County Flood Control District requesting that Goose Creek Stream be cleared in the area of Baker Road. The City has also inspected the storm drainage and maintains that it is clear. ^7 Mr. Gniadek inquired as to what legal liability does F. A. Richardson have in Allenbrook Sections I, II and III, being the developer of this subdivision, for the drainage problems that exist here. Mr. Bounds suggested that Mr. Gniadek speak with a private attorney in that regard. Mr. Gniadek explained that he has been told by Mr. Richardson that it is no longer his problem. Mr. Gniadek requested that Mr. Bounds look into this matter. Mr. Lanham explained that the City has no reason to assume that the storm sewers that were put there were not in accordance with the subdivision regulations. Mr. Gniadek explained that another recommendation that Mr. Dykes had made as an emergency gap measure, is to cut swells into the existing City property where a lift station exists between Birdsong and Goose Creek. Mr. Gniadek inquired if any funds are available for instal- lation of an additional storm drain between Baker and Birdsong or at the very minimum, to work on the pipes that are presently entering Goose Creek. They are entering at a 90 degree angle when a 45 degree angle would actually draw the water from the pipes in the direction of the flow. Mr. Lanham responded that City crews would do the work; therefore, the only cost would be the pipe which he felt the City would have funds available for this purpose. The City is getting close to the next budget year. The Administration has proposed $180,000 in that budget for materials which would include pipe. Mr. Gniadek hoped that some existing money could be used to angle the pipes and possibly install an additional storm drain. Councilwoman Wilbanks commented that the systems may be designed to carry the water just from the subdivision itself but it was not designed to carry the water that comes rushing off the parking lot and Baker Road. Perhaps the problem exists somewhere beyond the subdivision, and needs to be stopped before reaching the subdivision. Councilman Johnson commented that he had observed in many subdivisions water dams in the subdivisions and he felt that this will be incorporated into the study that is being made by Mr. Dykes. Mr. Lanham explained that the City's subdivision regu- lations provide for storm sewers that are designed to handle certain sized rains. If the City receives more rain than that, there is a danger of flooding. Also, if there is water running into the subdivision from another area, the drainage system is unable to handle the excess. Mr. Gniadek asked that as a representative of the Allenbrook Subdivision, to be given a date where possibly the residents may hear the City's result of this study and the City's accomplish- ments in this area. Councilman Philips stated that the City has already recog- nized the problems in Allenbrook and the areawide problem. Council as a whole has taken steps to set in motion a new study to update the existing comprehensive drainage study that was prepared by Bernard Johnson Engineers of Houston in 1972. The City has to look at this thing on a total system basis if the 90809 -7 Minutes of the Regular Meeting - August 9, 1979 City is going to do any good. Mr. Gniadek concurred with what Councilman Philips said, but Mr. Gniadek stated that it could be those little things that would tide them over for a few weeks or at least through hurricane season. Mr. Lanham felt that if the budget is approved as recom- mended, on October 1 there will be funds available. Councilman Kloesel commented that the emergency ditches that were dug should be pursued further. Councilman Philips asked if the Engineering Department could give Council a recommendation quickly so that by budget time, the Council would have an idea of what is involved out there. If it is ditch cleaning, that can be done in the budget as a routine project, but if if is something else and more serious, the Coun- cil ought to be aware of that. The Council might need to shift some money from one area to another. Mr. Lanham felt that the Engineering Department could have a study of some of the easier solutions that have been discussed by the first meeting in Sep- tember. Councilwoman Caffey stated that Council had heard from two different groups along the very same lines, both with the same problems, and both asking for dates or what they can look to. She felt that Council and the Administration need to address themselves to some emergency measures to help these people. Councilman Cannon suggested that the City approach the developer to obtain an easement to cut a ditch through there. Mr. Gniadek commented there are many vacant lots and Mr. Dykes had informed him there was one City lot where the lift station is located where a ditch could be cut. Councilman Cannon commented if an open ditch would be cut, it would get them through hurri- cane season. Councilman Kloesel felt that this is the route to go, to get a ditch cut through some of the areas available. Mr. Gniadek commented that Mr. Dykes had given him the impression that he was ready to go out there and do a few things if he received the necessary permission from Council. Councilman Kloesel responded that Council needs Mr. Dykes' recommendations and the cost involved to determine what should be done. Councilman Cannon asked that Mr. Lanham come back to Council as to what could be done very quickly to resolve part of the problem and the most cost effective measures. Mr. Lanham explained that it would not take much more time to put the pipe in than to dig a ditch. Mr. Gniadek felt that angling the pipe could be a possible solution that would relieve the problem. Councilman Kloesel felt that the City may need to contract to do this work if the City does not have sufficient forces or if the City has sufficient manpower, the City may need to lease additional equipment. Councilman Philips commented that the same discipline should be asked of the City that the City is asking of the County to tell what is being done and their timetable. Councilman Philips asked that Mr. Lanham and the Streets and Drainage Division give Council a timetable of what the City's resources can do and how far the City can get in a certain period of time. He also would like to know what the City's priorities are and what the City's timetable is. If it does not look like the City can get there with the resources that the City has, then obviously, the Council has to say, what is it, money or manpower? Councilwoman Wilbanks invited the residents of Allenbrook to sit in on the upcoming budget sessions. In response to a question from Councilwoman Caffey, Mr. Lanham stated that he felt that the Administration could come up Minutes of the Regular Meeting - August 9, 1979 with a proposed timetable of drainage solutions by the first meeting in September, based on the drainage problems that the City experienced on June 1 and on July 26, and this would include the Brownwood subdivision. The Administration has worked from a priority list for a number of years and the Administration is working now to relieve some of the drainage problems in the Singleton Addition. The City is trying to be responsive but the City is unable to do it all at once. Councilwoman Wilbanks commented that as a City Council, the City needs to see drainage as the major priority for the upcoming budget. Councilman Cannon also encouraged attendance at the work sessions. Councilman Philips pointed out that the City might need to increase the tax rate. The present rate is $1.44. The City could increase the tax rate to $1.54 and alot more work could be done; however, many calls are received from citizens who do not desire a tax rate increase. Mayor Hutto recognized Mr. Parker, who commented that the City has an ordinance requiring steel in the curb and steel was not in the curb; therefore, what recourse would the City have? Councilman Cannon commented that this will have to be researched by the legal department. Councilman Kloesel emphasized that the Council needs to have the legal department follow this up to see what legal action can be taken by the City to resolve this. He further stated that he has been a supporter of knowledgeable inspectors with expertise and experience and most of all good pay for the inspectors. The City has not been paying enough money to attract top notch inspectors. Ms. Wilma Taylor Appeared Ms. Taylor appeared to had experienced regarding a experience flooding during has since been cleared. Mr. Doug Tromblee Appeared apprise Council of difficulties she drainage ditch. Ms. Taylor did the last flooding period and the ditch Mr. Tromblee appeared to request that Council again consider establishment of a Code of Ethics, especially in the area of conflicts of interest. Councilman Kloesel stated that Mr. Tromblee had appeared several months earlier concerning a Code of Ethics and that he was in complete agreement with Mr. Tromblee that there is a need for a Code of Ethics. Councilman Kloesel requested that an item be placed on the next agenda concerning establishment of a Code of Ethics. Ordinance - Authorizing Final Payment to Holzaepfel Construction Company for Completion of Jenkins Park Pavilion This work has been completed and inspected by Busch, Hutchi- son and Associates and by the City's staff. Total cost of the contract is $47,064; final payment is $4,706.50. The Administra- tion recommended final payment. Councilman Johnson moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None W Minutes of the Regular Meeting - August 9, 1979 ORDINANCE NO. 2707 AN ORDINANCE APPROVING AND ACCEPTING CONSTRUCTION OF A PAVILION AT JENKINS - HOLLAWAY PARK BY HOLZAEPFEL CONSTRUCTION COMPANY, INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ENGINEERS' CERTI- FICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID HOLZAEPFEL CONSTRUCTION COMPANY, INC.; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Mayor Hutto called a ten minute recess. Ordinance - Authorizing Acceptance of Construction of Spur 330, From Loop 201 to Garth Road, a Distance of Approximately .8 Miles The Texas Department of Highways and Public Transportation has completed work on the construction of Spur 330 from Loop 201 to Garth Road, a distance of approximately 8 /10ths of a mile. The City of Baytown asked the Highway Department to install curb and gutter in this street and agreed to pay the cost of the curb and gutter. The work has been completed and in order for the City to send statements to the abutting property owners, it is necessary that the Council officially accept the work and autho- rize the assessment of the paving liens. The Administration recommended approval of the ordinance. Councilman Philips moved for the adoption of the ordinance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2708 AN ORDINANCE ACCEPTING THE WORK OF IMPROVING A PART OF SPUR 330 IN THE CITY OF BAYTOWN, TEXAS, UNDER A CERTAIN CONTRACT THEREFOR IiERETOFORE ENTERED INTO; FINDING AND DETERMINING THAT SUCH WORK AND IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH CONTRACT AND THAT THE CITY ENGINEER HAS SO FOUND AND HAS SO CERTIFIED TO THE CITY COUNCIL; AUTHORIZING AND DIRECTING THE PAYMENT OF THE FINAL ESTIMATE AND THE ISSUANCE AND DELIVERY OF CERTAIN SPECIAL ASSESSMENT CERTIFICATES IN CONNECTION THEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending Chapter 7, "Buildings," Article III, Buffer Fencing, to Provide Criteria for Exceptions At the last meeting, Council considered a request from the First Baptist Church of Baytown for an exemption to the City's Buffer Fencing Ordinance. Council instructed the Administration to prepare an ordinance to provide for exemption to that ordi- nance. The Administration has prepared an ordinance to provide criteria for exceptions to the buffer fencing provisions of the code. Permits to construct parking lots are not provided for in the Code of Ordinances. However, one must obtain a permit to make curb cuts which is the permit the church applied for when required to construct the buffer fence. The Inspection Depart- ment has been interpreting the ordinance regarding buffer fencing to include parking lots. Mr. Lanham explained that the ordinance states that a commercial building that is constructed adjacent to one or two family residences is required to build buffer fencing. The Inspection Department has been interpreting that to include parking lots. Mr. Lanham explained that the City Attorney felt this to be a misinterpretation. Since parking lots adjacent to a residence can be as objectionable or more objectionable than a commercial building, the Administration will come back to Council with an ordinance to provide that buffer fencing be constructed around parking lots. •���• Minutes of the Regular Meeting - August 9, 1979 Councilman Cannon back. Councilman Johnson commented that he agreed with Air. Lanham because his home and lot backs up against the Villa Marina Apart- ments where no buffer fencing is provided. In response to a question from Councilman Johnson, Mr. Lanham explained that if a parking lot was built as a part of an overall project, the City would require buffer fencing now, but if only a parking lot is being constructed without necessity for curb cuts, no permit is required and therefore, no buffer fencing. The Administration recommended that the proposed ordinance be passed as presented and the Administration will come back to Council at the next meeting with an amendment to the Building Code that would include parking lots. Councilman Johnson asked that Mr. Lanham check on the parking lot of the Villa Marina Apartments to see whether the parking lot was built separately or as part of the original apartment complex. Mr. Lanham explained that the proposed ordinance makes an exception for church construction and the Chief Building Inspec- tor may make exceptions if he determines that a buffer fence would serve no useful purpose. Councilman Kloesel moved for the adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2709 AN ORDINANCE AMENDING CHAPTER 7, "BUILDINGS ", OF THE CODE OF ORDINANCES BY THE ADDITION OF SECTION 7 -37, BUFFER FENCING- - EXCEPTIONS, TO ESTABLISH EXCEPTIONS TO THE REQUIREMENT FOR BUFFER FENCING; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing the Mayor to Execute an Agreement with the State of Texas for Railroad Signalization on Oak Street The State Department of Highways and Public Transportation and the railroad companies have agreed to install automatic warning devices at two crossings. One crossing is on Oak Street between Riggs and Carver Street and the other is on North Main at Fayle. As you recall, the City had asked for a change in the design on the signal to be placed at Fayle and North Main and that has been approved. The design on the Oak Street signal is acceptable to the Administration. Under the terms of the pro- posed agreement, the City will pay 5% of the estimated total cost for signalizing this intersection. Estimated total cost is $42,300. The City's portion would amount to $2,115. The Admin- istration recommended approval of the ordinance. Councilman Kloesel inquired as to what is the participation by the state and federal government. Mr. Lanham explained that it is ninety -five percent. Councilman Kloesel commented that he would support this ordinance in order for the City to get the crossing but is reluctant to accept federal aid for the railroad, and questioned if there was federal participation in signalization at all crossings. Mr. Lanham explained that there was federal aid participation on the signal installed at Airhart, but the federal government did not participate in the automatic devices installed on Ward Road, Cedar Bayou Road and Massey Tompkins. 90809 -11 Minutes of the Regular Meeting - August 9, 1979 Councilman Philips inquired about the maintenance of the traffic signals as to the arms that come down, who will be responsible for repairing them when broken? Mr. Lanham explained that it will be the responsibility of the railroad. Councilman Philips inquired if the Administration is sure that this will solve the problems or will it create problems such as maintenance, noise, etc. and inquired why this intersection was selected for signalization? Mr. Lanham explained that the Highway Department made a study of the various crossings in the City and this intersection was one on the high priority list. Councilman Kloesel moved that this participation request be authorized by the City Council; Councilman Philips seconded the motion. Councilman Cannon commented that he would like to encourage them to rush the North Main and Fayle Street railroad signaliza- tion. Councilman Philips asked that the Administration write a letter of record to ask for a high priority to have that crossing signalized, pointing out the fatality that occurred at North Main and Fayle Street. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2710 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREE- MENT BETWEEN MISSOURI PACIFIC RAILROAD COMPANY, THE STATE OF TEXAS, AND THE CITY OF BAYTOWN FOR RAILROAD SIGNALIZATION ON OAK STREET. Ordinance - Awarding Bid for Annual Purchase of Corrugated Galvanized Metal Pipe Two bids were received for the annual purchase of corrugated galvanized metal pipe. The bid tabulation is attached to the minutes as Attachment "A." Armco, Inc. submitted the low bid in the total amount of $112,725. This pipe will be purchased on an "as needed" basis. Unit price will be used to determine the City's total cost. This is the pipe that will be used to con- tinue the drainage work throughout the City. The price is firm until April, 1980. Mr. Lanham explained that he had a price comparison of the cost last year versus this year's price. For 36 -inch pipe price, there is a 9.3% increase, 42 -inch pipe - 9.1 %, 48 -inch pipe - 14.9%. The Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2711 AN ORDINANCE ACCEPTING THE BID OF ARMCO, INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CORRUGATED GALVANIZED METAL PIPE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. 90809 -12 Minutes of the Regular Meeting - August 9, 1979 Ordinance - Awarding Bid for Annual Purchase of Cement Stabilized Sand Four bids were received for the City's annual purchase of cement stabilized sand. The bid tabulation is attached to the minutes as Attachment "B." Bids were submitted based on a plant site price. Parker Brothers submitted the low bid at an esti- mated cost of $44,950. Parker Brothers plant site is at least 20 miles from the Municipal Service Center. The Highlands Shell Company submitted a plant site price totaling $51,560. When the City's cost of delivering material is calculated, the bid of Highlands Shell Company, Inc. is the lowest total cost bid for the City. The Administration recommended approval of the High- lands Shell bid. Councilman Philips inquired if the Administration has con- sidered requesting a bid with a delivery price. Mr. Lanham explained that the City has not asked for a delivery price on this particular item in the past, but the City has done so on other items. Councilman Philips inquired if the City is using its resources to haul sand when these same resources should be used to haul muck out of ditches, clean drainage ditches, etc.? Mayor Hutto suggested that in taking bids next year, bids should be sought on delivery price as well as plant site price. Mr. Lanham explained that the City uses small amounts of this material because the City uses this material when installing driveway culverts and if the City crews had to spend alot of time waiting for the company to deliver the material, this would also be a waste of City resources. Councilman Kloesel moved for adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2712 AN ORDINANCE ACCEPTING THE BID OF HIGHLANDS SHELL FOR THE PUR- CHASE OF CEMENT STABILIZED SAND ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. Ordinance - Awarding Bid for Annual Purchase of Flexible Base Material Five bids were received for the annual purchase of flexible base material. The bid tabulation is attached to the minutes as Attachment "C." Bidders were asked to bid on a plant site price and a delivered price. The bid of Highlands Shell Company, Inc. for delivered price is $9.95 per ton. This total price is the best price for the City of Baytown. The Administration recommen- ded approval of the ordinance. Councilman Johnson moved for the adoption of the ordinance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2713 AN ORDINANCE ACCEPTING THE BID OF HIGHLANDS SHELL COMPANY, INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF FLEXIBLE BASE MATE- RIAL ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. 90809 -13 Minutes of the Regular Meeting - August 9, 1979 Ordinance - Awarding Bid for Annual Purchase of Calcium Hypochlorite Four bids were received for the purchase of calcium hypo - chlorite. The bid tabulation is attached to the minutes as Attachment "D." This material is used in the operation of the City's wastewater treatment plants. Thompson- Hayward Chemical Company submitted the low bid at a cost of $74 per container. This is a 19.7% increase over last year's bid price. The Admin- istration 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, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2714 AN ORDINANCE ACCEPTING THE BID OF THOMPSON- HAYWARD CHEMICAL COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CALCIUM HYPOCHLORITE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. Ordinance - Awarding Bid for Annual Purchase of Readv Mix Concrete Two bids were received for the annual purchase of ready mix concrete. The bid tabulation is attached to the minutes as Attachment "E." Vendors were asked to bid on both bulk purchases of concrete and also trailer load purchase. No bids were received on the trailer load purchase of concrete. One of the bulk purchase bids was disqualified because it was not submitted on the City's required bid form, and thus the contractor did not indicate his intention to comply with conditions set forth on the bid form. Franks & Son, Inc. did meet the bid specifications. Because of the difficulty in obtaining bids, the Administration recommended that this be rebid and that these two items be separated. In response to a question from Council, Mr. Lanham explained that the City is not the most desireable customer because the City uses only small quantities at a time. Councilman Kloesel moved that bids be resubmitted on this item; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Ordinance - Awarding Bid for Annual Purchase of Liquid Chlorine Three bids were received for the purchase of the annual supply of liquid chlorine. The bid tabulation is attached to the minutes as Attachment "F." Two of the vendors submitted no bid. The bid of Dixie Chemical Company does meet specifications. Because of the lack of bidders, the Administration recommended that the City readvertise for bids. Councilman Kloesel moved that the Administration readvertise for bids; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 90809 -14 Minutes of the Regular Meeting - August 9, 1979 Ordinance - Amending the City's Supplemental Retirement Plan The Administration was not ready to act on this item at this meeting. Resolution No. 693 - Authorizing Participation in Lawsuit Involving Legality of State Sales Tax Last year, U. S. Steel filed suit in Travis County District Court, asking the court to find a portion of Texas' City Sales and Use Tax Act unconstitutional. Texas Municipal League is attempting to organize cities to intervene in the case. The firm of Fulbright and Jaworski has been retained by the League to prepare the cities' answer to U. S. Steel's allegations. The minimum amount estimated as cost to defend the cities is $200,000. Each city desiring to participate has been requested to contribute one -half of one percent of that city's 1978 sales tax allocation; therefore, the City of Baytown's contribution would be $987.19. Upon final disposition of the case, a complete accounting will be made, and any unexpended amounts will be returned on a pro rata basis. Councilman Philips stated that he felt the City should not put taxpayers' money into the defense of this suit. The City of Baytown is really a minor and insignificant part of this. Mr. Lanham explained that the citizens of Baytown had voted to participate in a sales tax for Baytown. The Administration recommended approval of the resolution. Councilman Kloesel also expressed opposition to the City participating in this lawsuit because he felt the state should defend the State of Texas Sales Tax. Councilman Kloesel expressed the opinion that the State Sales Tax is inflationary. Mr. Bounds, City Attorney, explained that by intervention in the lawsuit, the cities would be protecting their interest. The importance of the sales tax to the cities will be emphasized by their participation. Councilman Cannon moved that the City of Baytown participate in the proceedings to the maximum amount of $987.19; Councilman Johnson seconded the motion. Councilman Cannon asked that the Administration check to determine what other cities are participating in the lawsuit. Mr. Bounds said that he could check on this, and he could also apprise Council of what had transpired in other cases where the City of Baytown had intervened. The vote follows: Ayes: Council members Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: Council members Philips and Kloesel RESOLUTION NO. 693 A RESOLUTION AUTHORIZING PARTICIPATION IN SALES TAX LITIGATION; AUTHORIZING THE CITY MANAGER TO TRANSFER NINE HUNDRED EIGHTY - SEVEN AND 19/100 ($987.19) DOLLARS FROM GENERAL FUND ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO GENERAL FUND ACCOUNT NO. 0101- 06 -0400, "SPECIAL SERVICES." Consider Appointment to the Electrical Board This will be discussed during executive session. Committee Reports None. W 90809 -15 Minutes of the Regular Meeting - August 9, 1979 Recess, Reconvene and Adjourn Mayor Hutto recessed the open meeting into executive session to discuss personnel matters, land acquisition, and pending legal matters. When the open meeting reconvened, Mayor Hutto announced that no business was transacted. With no further business to be transacted, Mayor Hutto adjourned the meeting. -A� o S� P " + " '--� ) Karen Petru, Deputy City Clerk APPROVED: Eileen P. Hall, City Clerk ANNUAL CORRUGATED GALVANIZED METAL PIPE CONTRACT G! T Y O F B Q Y TO WIV TITLE: ... BID TABULATION Q � D� 798-55 DQTG: �-6 -79 - 930 a.m. (iKU55 IU INL LESS DISC. NET 70TAL DF�'�IVERY .� ARMCO INC. RAMCO STEEL, INC. ITEM QTY DESCRIPTION RNIC EXTENDED UNIT EXTENDED UNIT NO UNIT EXTENOE!] UNIT X7 NOED CORRUGATED GALVANIZEC METAL PIPE 1. 500 ft. 36" fuil circle diameter $17.22 $ 8,610.00 $19.31 $ 9.655.00 2. 500 ft. 42" full circle diameter 20.00 10,000.00 22.45 11,225.00 3. 1,500 ft. 48" full circle diameter 22.80 34,200.00 23.58 � 35,370.00 4. 500 ft. 54" full circle diameter 25.60 12,800.00 30.71 15,355.00 5. 500 ft. 60" full circle diameter 28.38 14,190.00 31.85 15,925.00 6. 500 ft. 66" full circle diameter 31.15 15,575.00 34.88 17,490.00 7. 500 ft. 72" full circle diameter 34.70 17 350.00 38.12 19,060.0.0 70TAL BID: � $112,725.00 $124,080.00 � DELIVERY: 7 to 25 ays i0 days a' *Prices irm to a�i 4 -t -8o � �a �, . � (iKU55 IU INL LESS DISC. NET 70TAL DF�'�IVERY .� TITLE: CEMENT STABILIZED SAND B 10� 798 -56 DATE 8 -6 -79 - 9:30 a.m. C1 TY OF BAYTOWIV BID TABULATION ITEM QTY DESCRIPTION - PARKER BROTHERS HIGHLANDS SHELL M. b R. TRUCKING ANAHUAC TOWING UN,T EXTENDED UNIT EXTENDED UNIT ND D UNIT EXTEND D UNIT EXT NDED CEMENT STABILIZED SANG 1. 3,000 tons 1� sk. Cerr+ent stabilized sand $ 9.40 $28,200.00 $10.73 $32,190.00" $11.80 $35,400.00 $14.50 $43,500.00 2. 1,000 tons 2 sk. Cement stabilized sand 10.65 10,650.00 12.37 �. 12,370.00�� 12.60 12,600.00 15.70 15,700.00 3. 500 tons 2� sk.- Cement stabilized sand 12.20 6,100.00* 14.00 7,000.00 13.00 6,500.00 17.70 8,850.00 GRAND TOTAL: $44,-950.00 551,560.00 � $54,500.00 $68,500.00 *Prices irm for 6 * Prices good for pq months bject to 30 day 6$ i ncr se there - +' after. - � PLANT LOCATION: 5303 Na igation 1318 Sou h Main 1986 Hi hlands Shor HiWay 146 a; Cedar � Houston, Texas Highland Texas Highlan s, Texas Bayou d. � Baytow Texas � DISTANCE FORM 1200 LEE. DR. 20 Air files 7.6 Mile 10 Mile 4 - 5 Miles e GROSS TOTAL LESS DISC. NET 707AL D (VERY _._ . CITY OF BAYTOWN TITLE: FLEXIBLE BASE MATERIAL B!D TABULATION B f D� 798 -s7 - DATE; 8 -6 -19 - 9:30 a.m. PARKER BROTHERS RADCLIFF MATERIALS HIGHLANDS SHELL GULF COAST LIMESTONE M. S R. TRUCKING ITEM QTY DESCRlPT1ON � UNIT EXTENDED UNIT EXTENOED UNIT ND D UNIT EXTENO D UNIT EXT NQED FLEXIBLE BASE MATERIAL � - 1. 7,000 Tons F.O.B. plantsite $8.06 $56,420.00 $8.50 $59,500.00 $8.70 $60,900.00* $8.70 $60,900.00 $10.78 $75,460.00 . 1A 7,000 Tons F.0.6. 1601 West Main 10.74 75,180 11.25 .78,750.00 9.95 c. 69,650.00 10.00 70,000.00 10.28 71,960.00 SUPPLY�LOCATION: Houston, Texas Galena P rk, Texas Highlan s, Texas Baytown Texas Baytown, Texas DISTANCE FROM 1200 LEE DR. TO PLANTSITE 20 Air files 16 Miles 7.6 Mil s } Block 2 Blocks U *Prices re plus all *Prices ood for Prices good for *Prices subject to - future f fight in- 30 days 30 day Escala ion � creases ich will be � added. ,� U cd +� GROSS TOTAL LESS DISC. NET TOTAL D�� .IVERY � _.___..__ ._.. ___ __ .- -_ -._. _ _._ -- C1 TY 0 F BAYTOWN TITLE: CALCIUM HYPOCHLORITE B10 TABULATION BID Jas -ss DATE 8 -6 -79 - 9:30 a.m. ITEM QTY DESCRlPT10lV � RNfT EXTENOEO UNIT ExrENDEO UNIT X ENDED UNfT EXTENDED UNIT EXTENDED CALCIUM HYPOCHLORITE 1. 100 Containers of Calcium Hypochlorit $74.00c $ 7,400.00 �• $82.00c $ 8,200.00* $g0.00c $ 9,000.00 $94.75 $ 9,475.00* BRAND NAME: Olin "Fr e�tyle" HTH HTH Olin HT DELIVERY: 2 - 3 d ys 10 days 3 days 4 days `Price irm.for *Price F rm *Price irm for 3 mont s b mont s A ai U cd - +� o .. GROSS fOiAL LESS DISC. NET T07AL D ' (VERY CITY OF BAYTOWN TITLEANNUAL READY MIX CONCRETE CONTRACT � � BID TABULATION : ...�.�,. . B ! D= 798 -59 � -. DATE 8 -6 -79 - 9:30 a.m. ITEM QTY DESCRIPTION GlFFORD- ILL UNC EXTENDED UNIT EXTENDED UNIT X NOD UNIT EXTEND 0 UNfT EXTENDED READY MIX CONCRETE 1. 300 yds. 5 sk. Ready Mix Concrete- delivere $_43.00 $12,900.00 INVALID !D 2. 300 yds. 5 Sk. Ready Mix Concrete - Picked NO BID Bid not ubmitted on _up -Cart type � cubic yard � original forms maximum provided as required Bid is d fficult to tabulate if not sub- mitted o original forms w a� .� e GROSS TOTAL LESS DISC. NET TOTA L D �' IVERY .. .. CITY OF BAY70WN TITLE ANNUAL LIQUID CHLORINE CONTRACT BlD 7ABULA7ION BID 79 =0 Di�TE: 8 -6 -79 - 9.30 a.m. DIXIE CHEMICAL CO. ITEM QTY DESCRIPTION u�Nlr EXTENDED UNIT EXTENDED UNIT T NO D UNIT EXTENDED UNIT EXT NOED ANNUAL LIQUID CHLORINE CONTRACT 1. 150 One ton cylinders Chlorine $270.00 $40,500.00 2, 500 150 lb. cylinders Chlorine 28.50 4,250.00 TOTAL � $54,750.00 DELIVERY: 3 days W Two company's submitted No Bids S • U cd .• �� n `' 44 ���JI V 1�+ GROSS TOTAL LESS DISC. NET •TOTAL DF' �IVERY ,