Loading...
1980 01 24 CC Minutes00124 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 24, 1980 The City Council of the City of Baytown, Texas, met in regular session on Thursday, January 24, 1980, at 6 :30 p.m. in the Council Chamber of the Baytown City Hall with the following members in attendance: Fred T. Philips Jimmy Johnson *Ted Kloesel Mary E. Wilbanks Eileen Caffey Allen Cannon Emmett O. Hutto Fritz Lanham Dan Savage Scott Bounds Karen Petru Absent: Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney Deputy City Clerk City Clerk The meeting was called to order by Mayor Hutto and the invo- cation was offered by Councilwoman Mary E. Wilbanks. Minutes Councilman Philips moved for approval of the minutes of the regular meeting on January 10, 1980, and the special meeting of January 16, 1980; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Receive Petitions None. Mayor Hutto announced that today, Baytown is celebrating its 32nd anniversary of the consolidation of Goose Creek, Pelly and Baytown. City Manager's Report Step 1 Grant for the East District Sewer Treatment Plant - '"` The Administration had received notification from the Environmen- tal Protection Agency that the City's application for Step 1 Grant for the East District Sewer Treatment Plant has been ap- proved. The total project cost for the Step 1 work is estimated to be $101,543. The grant is for the amount of $76,157. At the last meeting, the Administration reported notification of Step 1 grant approval for the Central Sewer District. Sanitary Sewerage Improvements - Project Schedules - A copy of the sanitary sewerage improvements project schedules prepared by Langford Engineering was placed at the Council table. The project schedule is for the various improvements to the sanitary sewer system. On page 1, the first item is the West District work which includes treatment plants, lift stations, force mains and collection system work. The plans will be completed by the middle of February. Hopefully, the bids will be taken and construction can begin by the end of August. Below that, Lang- ford Engineering had indicated a schedule for the amended EPA 00124 -2 Minutes of the Regular Meeting - January 24, 1980 project to include the Brownwood area if the Council so desires. The indication is that the evaluation of the existing system will require approximately six months assuming Council authorization to proceed. Approximately six months will be required to con- clude the Step 1 work. If EPA and Texas Department of Water Resources' approval is granted for Step 2 work, the design will take approximately five months and the construction will take approximately a year. Hopefully, the project would be completed in August, 1982. The second page of the project schedule is a work schedule for the East District work. The first item listed is the East District lift station and trunk sewer line. The schedule indi- cates advertisement for bids in mid - February; awarding the con- tract in mid -March with construction to begin by mid - April. Completion of the project is expected by November, 1980. Step 1 investigation will cover the period beginning March 1, 1980 through December, 1980. If the City receives EPA grants for design and for construction, the design phase would cover the period of July 1, 1981 through January, 1982, and construction would begin in May or June of 1982. The City has received Step 1 grant approval for the Central Sewer District. Step 1 work will take approximately one year to complete, the design work will take approximately seven months, and if necessary approvals and grants are received, construction should begin approximately August, 1982 and be completed by mid - 1984. Mr. Lanham, in response to an inquiry from Council, explained that the Step 1 work involves the study of the collection system and the plant capacity to determine what needs to be done to bring those facilities up to current standards. Step 1 could be called a feasibility study because it determines what is needed and the estimated costs. Step 2 is the plan preparation and Step 3 is construction. Community Development Funds - The Administration had re- ceived notification from the Department of Housing and Urban Development that Baytown's anticipated allocation of Community Development funds for fiscal year 1980 is $688,000. Houston Lighting and Power - Council had received a copy of a letter from Houston Lighting and Power indicating the fuel cost adjustment for the month of February. There is a $3.00 reduction assuming that a customer uses 1,000 kilowatt hours. The cost for 1,000 kilowatt hours in January was $47.82; in February, the cost will be $44.79. Inspection Department - Building Permits - The Inspection Department has developed the year end report which reflected con- struction permits had been issued for an estimated $28,650,000, worth of construction which is approximately a million and half dollars below the previous year. With respect to single family dwellings, in 1978, the City issued permits for 267 and in 1979, 265. Texas Air Control Board Monitoring Station - The Administra- tion reminded the Council of the dedication ceremony of the Texas Air Control Board Monitoring Station on Friday, January 25, 1980, at 11:30 a.m. at McElroy Park. The Texas Air Control Board will present the program at the Chamber of Commerce luncheon on Friday. Drainage - Because of rain, the City has not accomplished as much in the past two weeks on drainage work as performed in prior periods. Work on Crosby -Cedar Bayou Road is approximately 600 complete; work on Cobblestone and Wildwood Drive has been completed; approximately 15% of the work has been completed in the Parkridge Bend area. The Harris County Flood Control District has completed the Craigmont Ditch work from Goose Creek to Decker Drive. Sliplining - The contractor has installed approximately 200 feet of pipe from Hackberry west between Holly and Burnett Drive. This is the last segment of the contract. 00124 -3 Minutes of the Regular Meeting - January 24, 1980 Questions and Comments Regarding the City Manager's Report In response to a question from Councilman Philips, Mr. Lan- ham explained that the ditch has been cleaned from Goose Creek to Decker Drive and this only consisted of cleaning the ditch and not widening or deepening the creek. With respect to the City work, Norman Dykes, City Engineer/ Director of Public Works, explained that twelve of the inlet boxes are 95% complete and twenty -five boxes are 75`$ complete. Councilman Philips asked that Mr. Lanham include Mr. Heinz P. Bloch's situation in his City Manager's Report until the Council has a resolution of it. Mr. Lanham explained that the City plans to televise part of the sewer lines in the Whispering Pines area. Councilman Johnson explained that he had received a request from one of the volunteer chiefs after the two fires occurred during the Christmas holidays. The volunteers indicated that there was a small amount of money left in the revenue sharing account to purchase radio communication to be utilized by the chiefs of the volunteers. The volunteers ran into the problem of needing more hose on one side of the building which only could be obtained by use of foot contact. Councilman Cannon commented that the City Council many times had discussed the construction on Interstate 10 and related problems. Again this week, there was a tragic accident where two Baytown residents lost their lives. He felt that this is the most dangerous section of highway in the state of Texas. He hoped that upon completion, the highway would have an esplanade or some type of divider that would help prevent accidents. Mayor Hutto commented that the plans are for a divider that is five feet high and would be of concrete. Councilman Cannon commented that he would certainly like to consider a resolution by this Council to the Texas Highway Com- mission that they move with all possible haste to get this section of the highway completed. The Council expressed concern a few months ago to the Highway Commission about the roughness of the roadway, afterwhich the Highway Department came back and topped the roadway. Councilman Cannon inquired what has been done to the prop- erty in Kingsbend with regard to the erosion problem? Mr. Dykes explained that the county had taken bids and the last that he had heard, the county was looking at a change order to modify that bid somewhat because the area of erosion has increased. Councilman Johnson inquired if the City Engineer has been out there recently to look at the problem. He commented that he had talked with Brent Brunson a few days ago, and Mr. Brunson indicated that the city's line is exposed again. Councilman Johnson inquired if this is separating again? Mr. Dykes ex- plained that the City had checked it a few weeks ago and it was not separated at that time. Councilman Johnson commented that another thing that Mr. Brunson had indicated is that in voice contact with some of the people who came out to look to bid on this project, they indi- cated that the City's piling of 25 feet would not work. Council- man Johnson stated that if the 25 feet piling is not enough, the City should consider changing it because it would be easier to do it right the first time. Councilman Cannon stated that he has had the same concern because he had received the same report. Councilman Cannon stated that another point, in connection with this, is the City permitting this same type of thing in Whispering Pines? Councilman Cannon commented that an area of land along the bayou was filled and houses are being built on top of it. Councilman Cannon inquired what is going to keep this 00124 -4 Minutes of the Regular Meeting - January 24, 1980 area from washing away in the next few years? He felt that the City should not permit this. The City is solving the present problem on Cary's Bayou along with the County but now the City is permitting the same type practice in Whispering Pines. lie com- mented that he would like the City's Planning Commission to look at this and see if they are not permitting more problems. Coun- cilman Johnson concurred. Councilman Cannon requested that the Traffic Commission check into the possibility of placing a light at McKinney and Highway 146 because many accidents occur at this location. Mr. Lanham responded that the City is installing a light at this intersection. Councilman Cannon inquired if the City is taking the traffic signal out at Fourth and James? Bill Cornelius, Director of Planning and Traffic, explained that the controller on the signal has failed and due to the fact this signal is old, spare parts are difficult to obtain. The City will be required by the State to upgrade this traffic signal. Councilwoman Wilbanks commented there are many things on the agenda that pertain to revenue sharing funds and requested that at the next regular meeting, the Administration give the Council an update on unappropriated revenue funds and also an update on expenditures out of revenue sharing funds. Councilwoman Wilbanks stated that there are also several items on the agenda that relate to the City of Baytown's Police Department and its operation. Each budget year, the Council gets into this discussion of how many policemen the City should have to adequately serve Baytown. She felt that this may be the time to begin to look at the department to see if there are some responsibilities that could be carried on by a city employee who would not be required to be under civil service or have completed the different police requirements and certifications. If this can be accomplished, the City could actually get more police patrolling and protection out on the street by re- distributing these responsibilities. She felt that Council may want to look at the City of Baytown's department and do some comparison with other cities. Mr. Lanham stated that the Administration will begin to study this. Mayor Hutto requested that the Administration place an item on the next agenda for the Council to consider the homestead ex- emption for some of the disabled citizens of Baytown. He com- mented that a few years ago he mentioned this as a possibility, but at that time, state law prohibited such an exemption. Now, it is his understanding that state law would allow cities to give homestead exemptions to certain citizens who are disabled and who are not eligible to receive exemption due to age. Representative of the Baytown Housing Finance Corporation Will Present a Report Bill Eiland, a representative of the Baytown Housing Finance Corporation, was present to report to Council on the Baytown Housing Finance Corporation. Bonds have been sold and on January 7, 1980, the Baytown Housing Finance Corporation began to actu- ally take applications for loan purposes. Mr. Eiland handed to Council a detailed report which contained a copy of the adver- tisement being published in the Baytown Sun to make citizens aware of this program and requirements to participate. The report sets forth how the $22,000,000 is allocated to the various lending institutions. Century Savings and Loan is the only Baytown lender which is not participating in the program, because when the monies were being allocated to different lenders, they were under a management change. Mr. Eiland stated that presently there are ten loans that are totally ready to fund which loans amount to $441,000. This is an average of $44,000 per mortgage. Also, another $3,400,000 worth of applications are being processed at the present time. Total funds of $3,800,000 are being allocated to the different 00124 -5 Minutes of the Regular Meeting - January 24, 1980 lending institutions as follows: Citizens Bank and Trust - $ 600,000 Baytown State Bank - $ 300,000 Harris County Savings - $1,500,000 Hinton Mortgage - $ 650,000 Citizens Savings - $ 750,000 Citizens Savings and Loan has given final approval on $350,000 in loans. Mr. Eiland explained that the Baytown Housing Finance Corpo- ration is pleased with the response to the program. This program is not experiencing the long lines that programs in Louisiana did, but on the other hand, programs in Louisiana and other states misjudged the market substantially. Approximately $20 million dollars was mortgaged in Baytown in 1978. The Housing Finance Corporation has received approximately $20 million dollars for loans in 1980. The different lenders are working steadily in the program and it will take approximately seven months to get all the money committed. Basically, the Baytown Housing Finance Corporation is pleased with the progress of the program. The market in Baytown this week indicated approximately $6 million dollars worth of homes on the market. Mr. Eiland stated that as the program progresses, he will be more than happy to keep Council informed. Representatives of the Baytown Chamber of Commerce Will Appear Mayor Hutto recognized Conrad Magouirk, who appeared as a representative of the Baytown Chamber of Commerce. Mr. Magouirk appeared to present to Council a resolution that was unanimously passed at the last Board meeting of the Baytown Chamber of Com- merce. Mr. Magouirk read the resolution which stated: "Whereas, the business community has brought to the at- tention of the Greater Baytown Chamber of Commerce the very serious problem which exists on Texas Avenue, and Whereas, the conditions have caused excessive expense to these businessmen due to vandalism and inaccessibi- lity to their business places, and Whereas, the conditions on Texas Avenue have caused our community to have a bad image both inside and outside the community: Now, therefore, be it resolved that the Board of Direc- tors of the Greater Baytown Chamber of Commerce requests that the City Council of the City of Baytown take what- ever action may be necessary to eliminate the dangerous and costly conditions which exist on Texas Avenue in the City of Baytown, Texas, at night and particularly on weekends in order to maintain a safe area for the citizens and merchants, and further Be it resolved, that Conrad Magouirk, President of Greater Baytown Chamber of Commerce, will appoint a committee to assist the City Council in finding a solu- tion to this very critical problem, if said Council so desires and requests." Mayor Hutto proposed that the City Council allow the ap- pointment of a committee to work with the directors of the Chamber and then come back and report to Council with ideas on solutions to the problem on Texas Avenue. Councilwoman Wilbanks stated that input from the businessmen in the community would be valuable. She further commented that she was at the Chamber meeting when this was first discussed, but did not think her initial reaction, perhaps took into account the seriousness of the problem. Mrs. Wilbanks continued that she had considered this a great deal within the last week and had talked 00124 -6 Minutes of the Regular Meeting - January 24, 1980 to police officers to determine that this problem does need some special attention. Mayor Hutto appointed Council members Wilbanks and Johnson to serve on the committee with the Chamber of Commerce and asked that they report back to the Council in thirty days. Councilman Philips inquired if in the meantime, would it be appropriate for the Council to consider some interim solution such as increasing police patrol on Texas Avenue. Mr. Magouirk responded that he did not wish to be miscon- strued. The Chamber of Commerce does not have all the solutions. They do not propose to immediately flood the area with police officers. There are many good kids that go up and down that street, and as far as he knows, no one objects to the kids driving up and down the street or congregating, but the things that people object to are littering, vandalism, and violence. Mr. Magouirk stated that hopefully, the committee can come up with some recommendations. Councilman Philips commented that he did not want the City Council to pass this moment up without taking advantage of some opportunity if there was something that the Administration would care to suggest such as an ordinance, passing a curfew, shutting the street off or adding more police protection. Councilwoman Caffey stated that one of her concerns is the condition of some of the buildings which present a safety hazard. She felt that the owners should be responsible to remedy this situation and if necessary, ordinances should be passed to insure owner cooperation. Ordinance - Amending the Subdivision Regulations by the Addition of a Section on Small Subdivisions For some time, the Planning Commission has been reviewing subdivision regulations to determine how to handle the develop- ment of small tracts of land. City Council has had a work ses- sion with the Planning Commission in this regard. At its January 7, 1980 meeting, the Planning Commission approved a recommenda- tion to amend the subdivision regulations by adding a section dealing with small subdivisions. By definition, a small subdi- vision would be a subdivision with twelve or fewer lots. The developer of a small subdivision would have to comply with engi- neering and construction standards set forth in the subdivision ordinance except that the Planning Commission could grant a variance from these regulations under certain circumstances. Variances could only be granted for curbs, gutters, storm sewers, sidewalks and street widths. A minimum of 26 feet wide concrete street would be required. The ordinance also provides that variances could be granted, when in the opinion of the Planning Commission, undue hardship would result by requiring strict compliance to the small subdivision ordinance. Variances would not be granted for financial reasons. Scott Bounds, City Attorney, explained that in the amended ordinance, the phrase "variances would not be granted for finan- cial reasons" is not spelled out as applied to small subdivisions. Air. Lanham explained that since this is not included in the amended ordinance, this is something that the Council may want to add. Councilman Philips stated that during the Council's work session, he recalled that there was strong sentiment to avoid downgrading the City's existing ordinance. He had thought that the Council was thinking in terms of some review procedure to maintain control. Councilman Philips requested that this review be added to the proposed ordinance. Councilwoman Wilbanks inquired if Councilman Philips meant to review during the process of approving the plan and if Coun- cilman Philips intended that the final approval would be with 00124 -7 Minutes of the Regular Meeting - January 24, 1980 Council rather than the Planning Commission. Mayor Hutto stated that he felt it would be inappropriate for the final decision on a small subdivision to rest with the Council. In most cases, if the applicant is not satisfied with the ruling of the Planning Commission, he will appeal to the Council. Councilman Philips stated that that point is if an appeal is to be to have to deal with it, Council mi, before it is appealed and set forth position. He felt that the Council some very controversial situations. one thought he had had on made and if Council is going ;ht as well deal with it that decision as Council's is getting ready to get into Mayor Hutto stated that he was confident that the Planning Commission could handle enforcement of the small subdivisions amendment to the subdivision ordinance. The variances that can be authorized are not really feasible for a developer of 3 -1/2 acres. Councilman Philips pointed out that one of the things that the ordinance does not address is that a developer of seven acres could attempt to subdivide the acreage into 3 -1/2 acre tracts which would provide the City with substandard subdivisions. *Councilman Kloesel present. Mayor Hutto pointed out that without the small subdivision amendment, the developer could utilize the property in ways that would not be as good for the city, such as development of a trailer park. Councilman Philips stated that there is merit in the pro- posed ordinance but at the same time, there is also the possibi- lity of abuse. As a compromise, Councilman Philips suggested Council review the decisions of the Planning Commission on a quarterly basis in order that Council would have an interest to that degree. Councilman Cannon stated that he could support that because he would like for the Council to be kept informed and then if Council felt the provisions of the small subdivision amendment were being abused, Council could act accordingly. Mr. Lanham explained, in response to a question from Coun- cil, that the present ordinance makes provision for certain types of variance and that provision says that variance cannot be granted for financial reasons. Councilwoman Wilbanks inquired if the wording "undue hard- ship" could be interpreted to mean a financial hardship. She felt that what Council is trying to reach is the optimum use of the land and that is the hardship that Council is talking about. She inquired if the City Attorney has any problems with the wording "undue hardship" and could that be construed to be a financial hardship. Councilman Kloesel pointed out that persons who purchase '+ property in these small subdivisions will not consider that the cost is less to purchase due to the fact certain regular subdi- vision requirements were not met, but later may petition Council to install curb and gutter. Councilwoman Wilbanks inquired if possibly the ordinance could be clarified to state that the preliminary development plan should show streets, utility easements, lots and should also include sidewalks to be connected to existing sidewalks so that both the developer and the City would see that that had been delineated. Mr. Bounds explained that it was his understanding that the Engineering Department is now requiring sidewalks to be shown on all plats due to some problems experienced by the City. Councilwoman Wilbanks commented that she is more interested in being sure that the Council would clarify whether the subdivision would have sidewalks or not than she is major landscaping features. 00124 -8 Minutes of the Regular Meeting - January 24, 1980 Councilman Philips asked that Perry Walker, Chairman of the Planning Commission, speak to the problem that the City Council has had during the past few Council meetings, where there is no control of drainage from one person's property onto another person's property, and if the City should give waivers, the City may be dumping water off some small tract onto someone else's property and have no control over it. Mr. Walker spoke to the issue of granting variances. He pointed out that the Planning Commission may elect not to grant a requested variance. If the Planning Commission determines that some developer is breaking up large tracts, the Commission has the option to reject the request for variance. The reason for including variances as part of the proposed ordinance is to make it feasible to develop small tracts as subdivisions rather than apartments or trailer parks. Councilman Cannon inquired if the Planning Commission con- sidered a restriction that a variance not be granted if it were connected with an existing subdivision that met all of the stan- dards. Would there be some reason that the City Council should put that restriction in the proposed ordinance? Councilman Cannon felt that the Planning Commission needs to protect the interest of persons purchasing property and building in an approved subdivision. However, he felt that possibly Council could be too restrictive since the Planning Commission has the guidelines and if Council feels that the Commission is abusing those guidelines, Council could always provide more restrictive regulations. Councilman Kloesel inquired if a variance is granted with regard to storm sewers, what will be substituted? Mr. Walker responded that if the variance is granted, open ditches would be required. Mr. Lanham pointed out that most variances would be granted because of the shape of the land and the impracticality of devel- opment in accordance with regular subdivision standards. There are small tracts of land in Baytown now that cannot be developed and comply with the City's present ordinance. Mr. Walker explained that the Planning Commission has re- ceived many complaints about trash being thrown on vacant lots. He felt that this proposed ordinance is the better of two evils. Councilman Philips felt that these variances should not be allowed where there is a downgrading and the proposed ordinance should state that the Planning Commission could not allow vari- ances regardless of the configuration of the property if it is going to bring property values down in the neighborhood and the surrounding area. Councilman Johnson felt that every little item need not be spelled out in the ordinance because the Planning Commission is made up of developers and builders who would not let anything happen to downgrade existing subdivisions. Councilman Philips commented that he would be willing to go along with the Council, but would sure like to think that the City Council would take another look at the ordinance should the Council receive negative feedback. Councilman Cannon moved for adoption of the ordinance but requested that the Planning Commission look at the City's re- quirements on drainage in the City's regular subdivision ordi- nance and come back to Council with some recommendations where Council can improve on problems that are occuring presently; Councilman Johnson seconded the motion. Councilman Kloesel inquired what is the problem with Council making the final decision on variances? Mr. Walker commented that if the developer is turned down on a variance, they will appeal it to the City Council. Councilman Kloesel responded that he is more concerned with the ones that are approved rather than those turned down. Once the Planning Commission approves a vari- 00124 -9 Minutes of the Regular fleeting - January 24, 1980 ance, and five years later the Council finds out about a problem with drainage, it is too late. Mayor Hutto felt that the Council members would not want to take over the function of the Planning Commission. Councilman Kloesel stated that what he is concerned about is an ordinance that will remain regardless of who is on the Plan- ning Commission, and stated that he is concerned with what is happening in the enforcement of the City of Baytown's building standards. He commented that in many cases, developers will be granted variances for curb and gutters. Mayor Hutto commented that the only objection to having open ditches is if the ditches are so deep that the property owner cannot mow. Councilwoman Wilbanks moved to amend the motion to state under Section 27- 64(b)(1) of the proposed ordinance, "streets or drives, utility easements, lots and sidewalks," and this would be consistent with what the City is presently requiring. She also moved to amend Section 27 -64(d) to state, "that when in its opinion undue hardship under the guidelines established by Sec- tion 27 -62," which says the business about the financial hardship not being acceptable. Councilman Cannon inquired was the intent to exclude finan- cial hardship as a valid reason for granting an exception? Councilwoman Wilbanks responded that she would like to say the hardship is dealing with the use of the land. She further commented that she does not want the City to start giving vari- ances as a financial ease for someone. Councilman Philips stated that it is hard to divorce the two. Councilwoman Wilbanks stated that she would like for the Planning Commission to make their decision on the property itself and not on the financial well -being of the developer. Councilman Cannon stated there are two acres of land on the end of the street where he lives. There are no drainage problems and there are open ditches, but now an individual wanting to develop those two acres is required to go in with curb and gut- ter. He cannot afford to do that because he cannot get more than six lots out of that two acres. There is no way financially that the developer could come out on that. Councilman Cannon stated that the developer could come in and build an apartment project and make a profit on it, but what would that do to the neighbor- hood? Councilman Cannon felt that if the Council restricts the ordinance to exclude financial hardship, the ordinance has no purpose. Maybe shape of a parcel of land could be an undue hardship. Mr. Walker explained there are several tracts of land in Baytown that cannot be drained other than with open ditches. He felt that there are other instances where a variance would need to be granted which would still not be monetary reasoning, but of course that is a big part of it. Councilman Cannon explained that it does concern him that several years from now, Council may be petitioned to install curb and gutters or storm sewers. However, Councilman Cannon felt that there were more advantages than disadvantages to the pro- posed ordinance. Councilman Kloesel stated that an area such as Lakewood is very attractive with open ditches; however, in a congested area, such as Oak Addition, that area needs good streets and curbs and gutters. He felt that in congested areas, the City will have to demand curbs and gutters. The amended motion died for lack of a second. 00124 -10 Minutes of the Regular Meeting - January 24, 1980 Councilman Philips commented that one of the things that he felt is that the substance of the intent is good and certainly to try and bind it up into too many restrictions could perhaps not give the Planning Commission the authority needed. He further states that he would like to get some feedback. Perhaps the Council could have a legal sized piece of paper showing the plat and showing what is approved as feedback for some period of time such as a year. That way, Council would be getting feedback and intelligently respond to it. Mayor Hutto felt that the Administration could report to Council on this when the plats are approved. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: Councilman Kloesel ORDINANCE NO. 2808 AN ORDINANCE AMENDING CHAPTER 27, "SUBDIVISIONS," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN PROVIDING FOR THE PLATTING OF SMALL SUBDIVISIONS AND ESTABLISHING STANDARDS FOR CONSTRUCTION; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Approval of Plans and Specifications for East District Lift Station and Trunk Sewer Line Mr. Lanham explained that this item was reviewed at the work session. The plans provide for a lift station and trunk sewer line that will serve the area north of Massey Tompkins Road, east of North Main, and south of Lynchburg -Cedar Bayou Road, encompas- sing a service area of approximately 1,700 acres. This project will relieve overloading conditions in Chaparral Village and Whispering Pines, and eliminate four lift stations. The esti- mated cost for all of this work including lines to serve the areas that are not presently in the City but are developed is $2,300,000. Mr. Lanham suggested that the City might want to annex these areas in the very near future. Approximately $1,340,000 in bond funds are available for this project. The Administration recommended that the City Council authorize the engineers to advertise for bids when the City acquires the right of way that is necessary for the project. The Administration recommended that the plans be approved as discussed including the added alternates. Council can make a decision as to whether the alter- nates should be awarded after bids are tabulated. Mr. Lanham also recommended that Council plan to issue certificates of obligation to make up the difference between monies and contract cost. Councilman Philips inquired as to how will this impact the budget. Mr. Lanham responded that there will be no budget impact except in terms of operation. None of the funds for these improvements will come from the budget. However, repayment of°'1 the bonds is a budgeted item and in future budgets, Council will have to take into account repayment schedule for the bonds. Councilman Johnson moved for approval of the plans and specifications for the East District lift station and trunk sewer lines and authorization to advertise for bids; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 00124 -11 Minutes of the Regular Meeting - January 24, 1980 Ordinance - Calling a Municipal Election for April 5, 1980 The proposed ordinance calls the Municipal Election for April 5, 1980. Council District Nos. 1, 4, and 5 are up for election. Mr. Lanham explained that cities are required by state law to hold municipal elections on the first Saturday in April. 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, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2809 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF APRIL, 1980, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. ONE (1), FOUR (4), AND FIVE (5); PROVIDING FOR THE ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; PROVIDING FOR A CANVASSING BOARD FOR ABSENTEE BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Ordinance - Establishing a Cultural Arts Council In October, 1978, the City Council appointed the Baytown Fine Arts and Cultural Study Committee to review the needs of the cultural and fine arts groups in the City of Baytown. The study committee is recommending the establishment of a permanent Bay- town Cultural Arts Council which would consist of seven (7) members appointed by the City Council. All members would be active in Baytown cultural arts organizations and terms of office would be three years. The cultural arts council would function in an advisory capacity, making reports and recommen- dations to Council on cultural arts matters. The Administration recommended approval of the ordinance. Councilwoman Caffey moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2810 AN ORDINANCE AMENDING ARTICLE II, BOARDS AND COMMISSIONS, OF CHAPTER 2, "ADMINISTRATION," OF THE CODE OF ORDINANCES BY THE ADOPTION OF A NEW DIVISION 7 TO ESTABLISH THE BAYTOWN CULTURAL ARTS COUNCIL, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending the 1979 -80 Budget by Abolishing the I. D. Technician's Classification and Position and Creating an Additional Patrol Officer Position to the Police Department Council received a copy of a letter from Wallace Heaner, Chairman of the Baytown Civil Service Commission, recommending that the position of I. D. Technician in the Police Department be eliminated from the Baytown Classification Plan. Mr. Heaner pointed out that the present I. D. Technician, C. T. Freeman, will be retiring on March 1, 1980. This position presently has the same salary range as a sergeant's position, however, the per- son does not have any supervisory responsibility. If the posi- tion is not eliminated, it will be necessary to fill the position by examination and the person would be classified as an I. D. Technician. It is the feeling of Chief Turner that it is not necessary to have an I. D. Technician's position. The Chief 00124 -12 Minutes of the Regular Meeting - January 24, 1980 would prefer to use patrolmen in this position in order to have several persons trained to perform this task. The Administration recommended that when this position is abolished, that it be replaced with a patrolman's position. The proposed ordinance amends the 1979 -80 budget by abolishing the I. D. Technician classification and creating an additional Patrol Officer position in the Police Department. Councilman Johnson inquired if the Police Department needs another sergeant at this time. R. H. "Bo" Turner, Chief of Police, responded that another sergeant's position is not nec- essary at this time. 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. 2811 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BUDGET OF THE CITY OF BAYTOWN FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1979, AND ENDING SEPTEMBER 30, 1980, BY ABOLISHING THE POSITION CLASSIFIED AS IDENTIFICATION TECHNICIAN AND BY ADDING A PATROL OFFICER; MAKING VARIOUS FINDINGS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Final Payment to Baytown Electric Corporation for the Construction of Traffic Control Signal Improvements The proposed ordinance authorizes the final payment to Bay- town Electric Corporation for construction of Traffic Signal Improvements under Phase I of the 1975 Bond Program. The origi- nal contract totaled $183,027.80. Change orders totaling $6,682.21 were added to the contract. The final payment in the amount of $24,985 remains to be paid. The Administration recommended ap- proval of the ordinance. Councilman Philips moved for 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. 2812 AN ORDINANCE APPROVING AND ACCEPTING THE CONSTRUCTION OF TRAFFIC CONTROL SIGNAL IMPROVEMENTS BY BAYTOWN ELECTRIC CORPORATION; AUTHORIZING THE FINAL PAYMENT TO THE SAID BAYTOWN ELECTRIC " CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Final Payment to Hamilton Construction Company for Completion of Repairs to the West Main Waste- water Treatment Plant H. B. Hamilton Construction Company has completed all repairs to the West Main Street Wastewater Treatment Plant. These repairs have been inspected by the staff of the Engineering Department and by representatives of Langford Engineering, Inc., and were found to be in accordance with plans and specifications. Final payment in the amount of $1,400 remains to be paid. Total contract price was $14,000. The Administration recommended approval of the ordinance. Councilman Philips moved for adoption of the ordinance; 00124 -13 Minutes of the Regular Meeting - January 24, 1980 Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2813 AN ORDINANCE APPROVING AND ACCEPTING THE REPAIRS MADE AT THE WEST MAIN STREET SEWER TREATMENT PLANT BY FINDING THAT THE IMPROVE - MENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID H. B. HAMILTON CONSTRUCTION COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending the Wrecker Ordinance to Provide a Minimum Level of Service Required of All Permit Holders The proposed ordinance amends the wrecker ordinance to pro- vide that wrecker operators will have to provide a minimum level of service. The present wrecker ordinance does not address the question of conducting business in a reasonable manner. Several complaints directly related to service have been brought to the Administration's attention. The amendment to the ordinance would specifically put all emergency wrecker operators on notice that they are required to conduct their business in a reasonable manner. If citizens have complaints about the manner in which wrecker operators conduct their business, these complaints would then be brought before the Wrecker Committee through a hearing process. The Wrecker Committee would determine if the wrecker operator has not acted in a reasonable manner and would, if a violation occurred, be able to withdraw or suspend the operator's permit. Since emergency wrecker service is initiated by the City from a rotating list, the citizen or a consumer is not able to select his wrecker operator. For this reason, the City has some responsibility for ensuring the wrecker service is provided in a business -like fashion. This recommendation was approved by the Wrecker Committee at its meeting in December, 1979. The ordi- nance does provide for appeal of the Wrecker Committee's decision to City Council. The Administration recommended approval of the ordinance. 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 ORDINANCE NO. 2814 AN ORDINANCE AMENDING CHAPTER 6, "AUTO WRECKERS AND TOWING VEHI- CLES," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN PROVIDING FOR THE REVOCATION OR SUSPENSION OF AUTO WRECKER OR TOWING VEHI- CLE PERMITS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding Concessionaire Contract One bid was received for the City's annual concessionaire contract at the Baytown Sports Complex. Holmes Concessions sub- mitted the only bid. The specifications provided for a minimum payment of $3,000. The person that submitted this bid changed that and made it $4,000. Mr. Bounds indicated that the bidder did not have the authority to change the specifications. The contract provides that the City will receive a minimum payment of $3,000 for each of the two years of the contract, and that the City will receive 19.1% of the total gross income each year if this is greater than $3,000. Holmes Concessions is the current 00124 -14 Minutes of the Regular Meeting - January 24, 1980 concessionaire. In response to a question from Councilman Johnson, Bobby Rountree, Director of Parks and Recreation, explained that when the concessionaire contract was bid last, the contract was let on a two -year option basis. Since only one bid had been received for the concessionaire for several years, the City felt that this two -year option could be extended for another year, but there had been some inquiries concerning the contract and when bids would be taken; therefore, rather than extending the contract, bids were solicited. Again, Mr. Holmes was the only bidder. In response to a question from Council, Mr. Bounds explained that bids were taken on a two -year option basis with the option being that the City could extend the contract through the second year if service was satisfactory. However, at the end of the second year, the City would need to advertise for bids. Councilman Johnson moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2815 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HOLMES CONCESSION FOR THE CONCESSION AT THE BAYTOWN SPORTS COMPLEX (EXCLUDING THE SWIMMING POOL) AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. The bid tabulation is attached to the Minutes as Attachment "A. I t Ordinance - Awarding Bid for Purchase of Front End Loader / Backhoes Eight bids were received for the purchase of three front end loader /backhoes for the Public Works Department. The low bid of Jim Ball International did not meet specifications. The In- ternational 260A is capable of loading 4,500 pounds while the specifications required a minimum load of 4,700 pounds. The bid of Case Power & Equipment Company is the low bid meeting the specifications. The Administration recommended approval of the low bidder meeting specifications. Jim Ball, owner of Jim Ball International, was present and indicated that the specification requiring that the front end loader be a 4,700 pound lift is excessive since he doubted seriously that the City would ever require in excess of 3,500 pounds lifting capacity. Mr. Ball pointed out that he was a local company and that he was low bidder. In response to an inquiry from Council, Mr. Ball stated that his company does stand ready to service the machines with a $250,000 parts inventory. Mr. Lanham explained that in writing the specifications, the Administration used various publications which list the John Deere with a lift capacity of 5,000 pounds, Case, 4,700 pounds; Ford, 4,700 pounds; International Harvester, 4,000 pounds; Massey Tompkins, 4,700 pounds; Allis- Chalmers, 4,700 pounds. All except the International Harvester will pick up 4,700 pounds or more. Mr. Ball indicated that his machine's loading capacity had never been 4,700 pounds, but in the past, he had sold the City 30 back - hoes. Mr. Ball felt that the specifications eA &uded his company from bidding when his product will do the job. Mr. Lanham explained that it would have been helpful if Mr. Ball had contacted the Administration before the bids came in. 00124 -15 Minutes of the Regular Meeting - January 24, 1980 Councilman Kloesel moved to accept the best low bid, Jim Ball International; Councilman Cannon seconded the motion for discussion. Councilman Kloesel stated that the county in their bidding process awards bids to the best low bidder. Mr. Bounds stated that the better practice would be for Council to reject all the bids and readvertise, specifying a front end loader capacity that all companies can bid. Recently, the Texas Legislature passed a state law requiring cities to notify an apparent low bidder in advance of the meeting if the bid is to be awarded to another bidder. If Council would elect to award the bid to Jim Ball International, the City Attorney suggested that the item be placed on the next regular agenda to allow time to notify the low bidder meeting specifications. Councilman Cannon suggested that the bids be rejected, specifications be redrafted, and bids be readvertised if, in fact, the Administration felt that the 200 pounds additional weight lift was unnecessary. Councilman Philips moved to table this matter and to request that the City Administration go back, carefully review the speci- fications, adjust the specifications to meet the needs of the job, and readvertise for bids; Councilman Kloesel seconded the motion. Mayor Hutto reminded Council that there was a motion on the floor on which no vote had been taken. Mr. Bounds requested clarification of the motion. Council- man Philips stated that he would delete reference to tabling the motion and moved that the Council reject these bids and instruct the Administration to take a look at the specifications to resub- mit for bids, based on a load requirement that would meet the requirements of the job and not based on the highest catalogue value that can be used. Councilman Kloesel withdrew the original motion and Coun- cilman Cannon withdrew the second. Mr. Lanham stated that after reviewing the specifications, the Administration would like to come before the Council with the new specifications before advertisement for bids. The vote follows: �� Ayes: Council members Wilbanks, Caffey Mayor Hutto Nays: None Philips, Johnson, Kloesel, and Cannon The bid tabulation is attached to the Minutes as Attachment Ordinance - Awarding Bid for Purchase of Industrial Tractor and Equipment The Administration received ten bids for the purchase of in- dustrial tractor and equipment, which included an industrial tractor, rotary mower and three flail mowers. Alvin Implement submitted the low bid on Item I, the industrial tractor= for the amount of $7,300. Plains Machinery submitted the low bid on Item II, the rotary cutter, for $898. The bids of Trinity Valley Company and Hyco Company did not meet specifications for Item III, the flail mowers. The bid of Alvin Implement met specifi- cations for the amount of $5,070. The Administration recommended approval of the ordinance awarding the bid to the low bidders. Mr. Jim Ball stated that the tractor did not meet the speci- fications because the engine was smaller than specified. Bobby Rountree responded that according to horsepower 00124 -16 Minutes of the Regular Meeting - January 24, 1980 ratings, the tractor does meet specifications. Councilman Philips inquired if the specification was for cubic inch displacement or for horsepower? Mr. Rountree replied that the tractor had 179 cubic inch displacement and 45 horse- power, but stated that the cubic inch displacement was minor. The main requirement for City purposes is horsepower. Councilman Cannon suggested it might be wise to clarify on the specifications an "and /or" requirement; Mr. Rountree concurred. Councilman Philips expressed concern about spare parts and maintenance locally for the equipment. Mr. Lanham explained that normally the City has a vehicle that has to go into Houston almost everyday from the Public Works Department and Garage to pick up something. Mr. Lanham felt that if the City is not going to consider out of town bids, the City should not invite them. Mr. Lanham explained that the Administration felt that Council wanted the Administration to get the very best bids possible and in many cases, there is only one bidder if bidding is limited to local bidders. Councilman Philips stated that is the right approach because the City has to be broader in their search to try to find the best buy within some reasonable guideline. Councilman Kloesel suggested that Council vote on Items 1, 2 and 3 separately; Council concurred. Councilwoman Wilbanks stated that she would like to clarify that the Council will be considering on each item that that item does meet specifications as mailed to the bidders. Mr. Rountree explained that specifications are written to provide the City with many competitive bids. Mr. Rountree pointed out that he would like to purchase the Servis 60 model since presently the department is utilizing a Servis 60 but it is much more expensive. In response to a question from Council, Mr. Rountree stated that the Parks Department had a Ford tractor which was very reliable. Therefore, Mr. Rountree recommended that Council accept the bid on the Ford tractor. Councilman Kloesel moved that the bid on Item No. 1, an in- dustrial tractor, be awarded to Lansdowne -Moody Company for the amount of $8,930; Councilman Philips seconded the motion. In response to a question from Council, Mr. Bounds explained that if the low bidder does not meet specifications, the City is not required to give notice because they would not be the appa- rent low bidder. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2816 AN ORDINANCE APPROVING THE PURCHASE OF AN INDUSTRIAL TRACTOR BY ACCEPTING THE BID OF LANSDOWNE -MOODY COMPANY, INC. AND AUTHO- RIZING PAYMENT BY THE CITY. Councilman Kloesel moved that the bids on Item 2, the rotary cutter, be rejected and that specifications be clarified so that the City may get a more suitable piece of equipment. Mr. Rountree stated that he felt Case Power and Equipment met specifications even though the Case cutter might weigh a little less than the Servis 60. Councilman Philips moved that the bid on Item No. 2, rotary cutter, be awarded to Plains Machinery Company for the amount, $898; Councilman Cannon seconded the motion. The vote follows: Minutes of the Regular Meeting - January 24, 1980 Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2817 00124 -17 AN ORDINANCE APPROVING THE PURCHASE OF INDUSTRIAL TRACTOR EQUIP- MENT BY ACCEPTING THE BID OF PLAINS MACHINERY COMPANY AND AUTHO- RIZING PAYMENT BY THE CITY. Councilman Johnson moved that the bid on Item No. 3, flail mowers, be awarded to Alvin Implement Company for the amount, $5,070; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2818 AN ORDINANCE APPROVING THE PURCHASE OF INDUSTRIAL TRACTOR EQUIP - MENT BY ACCEPTING THE BID OF ALVIN IMPLEMENT COMPANY AND AUTHO- RIZING PAYMENT BY THE CITY. The bid tabulation is attached to the Minutes as Attachment tic. 11 Councilman Cannon stated his support of the Administration in efforts to obtain competitive bids. Councilman Johnson commented that he wished there would be a method by which availability of service and parts could be equated to a monetary situation. Councilman Philips acknowledged that the Administration is doing a good job in the bidding process and acknowledged that it is difficult to write specifications to fit every situation. Ordinance - Awarding Bid for Purchase of Backhoe Trailers Five bids were received for the purchase of two backhoe trailers for the Public Works Department. Case Power and Equip- ment Company of Houston submitted the low bid in the amount of $6,589.66. The Administration recommended approval of the ordi- nance. 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. 2819 AN ORDINANCE ACCEPTING THE BID OF CASE POWER & EQUIPMENT FOR THE PURCHASE OF TWO BACKHOE TRAILERS AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF SIX THOUSAND FIVE HUNDRED EIGHTY -NINE AND 66/100 ($6,589.66) DOLLARS. The bid tabulation is attached to the Minutes as Attachment I'D. 11 00124 -18 Minutes of the Regular Meeting - January 24, 1980 Ordinance - Awarding Bid for Purchase of Portable Concrete Mixer Two bids were received for the purchase of two portable con- crete mixers for the Street Division. The low bid was submitted by Boehck and Gardner in the amount of $3,520 for the two units. The Administration recommended approval of the ordinance. Councilman Philips 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. 2820 AN ORDINANCE ACCEPTING THE BID OF BOEHCK & GARDNER FOR THE PUR- CHASE OF TWO PORTABLE CONCRETE MIXERS AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF THREE THOUSAND FIVE HUNDRED TWENTY AND N01100 ($3,520.00) DOLLARS. The bid tabulation is attached to the Minutes as Attachment "E. 11 Ordinance - Awarding Bid for Purchase of Trailer- mounted Sewer Wash Unit Three bids were received for the purchase of a trailer - mounted sewer wash unit for the Wastewater Collection Division. Naylor Supply Company submitted two bids which do not meet speci- fications. The bid of Environmental Sales meets the minimum specifications for a total of $15,120. The units bid by Naylor Supply Company have a 300 - gallon water tank while the specifica- tions call for a minimum 600- gallon tank. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2821 AN ORDINANCE ACCEPTING THE BID OF ENVIRONMENTAL SALES FOR THE PURCHASE OF A TRAILER - MOUNTED SEWER WASH UNIT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FIFTEEN THOUSAND ONE HUNDRED TWENTY AND NO 1100 ($15,120.00) DOLLARS. The bid tabulation is attached to the Minutes as Attachment 71F. tl Ordinance - Appropriating Funds from Unappropriated Revenue Sharing Surplus to Account 9010, Public Safety, for Purchase of Land for New Fire Station At the December 13, 1979 meeting, City Council authorized the Administration to acquire land on Garth Road between Cedar Bayou- Lynchburg Road and Baker Road for use as a fire station and lift station site. Total cost of this land was $25,047. A total of $15,000 was set aside in 1978 Revenue Sharing allocation for the purchase of land for a fire station. The proposed ordinance appropriates $7,547 from unappropriated surplus revenue sharing funds to pay for the additional cost of the land purchase for a fire station over and above the $15,000 budgeted in 1978. The remaining $2,500 in cost of land is charged to the Garth Road Sanitary Sewer Project as a pro rata share of the cost of land acquisition for a lift station site. The Administration recom- 00124 -19 Minutes of the Regular Meeting - January 24, 1980 mended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2822 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE SEVEN THOUSAND FIVE HUNDRED FORTY -SEVEN AND N01100 ($7,547.00) DOLLARS FROM UNAPPROPRIATED GENERAL REVENUE SHARING FUNDS OF PRIOR ENTITLEMENT PERIODS TO BUDGET ACCOUNT NO. 9010, PUBLIC SAFETY, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Authorization to Purchase Rechargeable Lights with Un- expended Revenue Sharing Funds from Entitlement X Fifteen thousand dollars was appropriated for the radios for the volunteer firemen in revenue sharing funds. The cost of those was a little less than $11,000. Council received a copy of a memorandum from Fire Chief Vance McBride requesting to purchase hand carried rechargeable lights for the Fire Department. The Fire Department had found in recent fires that the hand - carried lights presently being utilized are not adequate. Therefore, Chief McBride would like permission to use a portion of this $4,000 of unused revenue sharing funds for the purchase of thirteen rechargeable lights, five single charges and four dual charges. Approximate cost is $1,600. These lights are espe- cially effective in penetration of heavy smoke. The Administra- tion will take bids on these lights, but the bids will not have to be considered by Council since the cost will be under $2,000. The Administration requested permission to make these purchases. Councilman Philips moved that the Council approve that purchase; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Requesting a Change Order to the Construction Contract On Bayway Drive Bridge in Front of Burnet School to Include A Pedestrian Walkway /Bikeway Across the Bridge Councilman Kloesel requested that an item be placed on the agenda to consider requesting that the State Department of High- ways and Public Transportation effect a change order to add a pedestrian walkway /bikeway across the bridge on Bayway Drive in front of Burnet School. This bridge is not similar to the Market Street Bridge. Concrete pipe is being put there and the contrac- tor is filling over that pipe with shell or limestone and then it will be paved. Mr. Dykes explained that there will be a concrete box built under the roadway to handle the water and there will be earth - compacted fill above the box on up to the roadbed. A regular road will be built with a limestone subgrade with 12 inches of cement stabilized base and then an asphalt top. The plans are to have two 24 foot lanes for roadway which will pro- vide a four lane road. There will be a six foot shoulder on either side that will be asphalt with a two foot area that will be of cement stabilized material outside the six foot shoulder and then there will be a guardrail of galvanized steel. Mr. Dykes explained that actually it will be a typical roadbed going around that curve over a box that will be handling water. 00124 -20 Minutes of the Regular Meeting - January 24, 1980 Mayor Hutto inquired if the shoulder would be used as a walkway? Mr. Dykes explained that there will be a six foot shoulder and two foot cement stabilized material. There will be approximately 8 foot shoulder on either side outside the four lane roadway before you get to the guardrail. Mr. Lanham explained that the original plans provided for a sidewalk but the State discovered that they could not use the federal funds that are being used on this project for sidewalk construction. Mr. Dykes explained that the plan that Council is reviewing shows how the sidewalk would have been constructed had it been built. The plan had provided that extra fill be added. Councilman Cannon suggested that the State be contacted to provide the extra fill so that the City could put the sidewalk in after construction is completed. Mr. Dykes responded that the Administration would contact the State in that regard. Councilman Kloesel stated that he would like to have a side- walk out there or either fill with a fence or rail protecting the pedestrian from the road. If there was a designated walkway/ bikeway, a pedestrian would be much safer. In response to a question from Council, Mr. Lanham explained that there is no sidewalk that this walkway would connect to. Mayor Hutto suggested that the City wait to see what the State will do and then see if it is feasible to construct the walkway; Councilman Cannon concurred. Consider Increasing User Fees for Swimming Pools, Pavilion Rental and Ballfield Rental Council has received a copy of the memorandum from Bobby Rountree concerning fees and charges for recreation facilities. The increase in fees is designed to help offset expenditures for these recreational facilities. Parks and Recreation Advisory Board has approved the recommended fees and charges. The last increase in the swimming pool fees and pavilion rentals was in 1973. The ballfield fees have not been changed since the City started playing there. The following fee increases are recom- mended for upcoming year: Swimming Pool Fees Present Fees Recommended Fees 0 - 12 years 250 0 - 17 years 500 13 - 17 years 350 18 - up years $1.00 18 - up years 500 Swimming Parties $30/3 hours $50/3 hours Roseland and Jenkins Pavilions Reservation Time Present Recommended Fee Fee Recommended Non - Resident Fee 9:00 a.m. - 12:00 Noon $ 6.00 $ 7.00 $ 8.00 1:00 - 5:00 p.m. 6.00 7.00 8.00 6:00 - 10:00 p.m. 8.00 9.00 10.00 Combination of Session 12.00 14.00 16.00 Deposit 10.00 25.00 25.00 Ballfields Baytown Sports Complex Practice Reservations Present Fee Recommended Fee $6.00 11 hr. w /lights $8.00 11 hr. w /lights NC 11 hr. no lights $2.00 1A hr. no lights Tournaments 8 :00 a.m. - 6:00 p.m. $20 /field $30 /field 00124 -21 Minutes of the Regular Meeting - January 24, 1980 6:00 p.m. - 12:00 midnight $30 /field $40 /field 8:00 a.m. - 12:00 midnight $40 /field $60 /field Deposit $50 $25 per field Bowie and Roseland Practice Reservations NC NC Tournaments $10 /field $10 /field Deposit NC $25 per field The Administration felt that the fees being recommended are rea- sonable and recommended approval of the proposal to increase fees for the use of recreational facilities. Councilman Johnson stated that he could support everything except under ballfields, the recommended $2.00 fee for 12 hours with no lights, since the fields were constructed with tax money and he could not see the reason for charging for the use of a softball field diamond when the lights are not being used. Mr. Rountree explained that if a $2.00 fee is charged, the team will be required to fill out a reservation slip at the Parks Depart- ment because some teams have made reservations and have failed to show. Councilman Johnson stated, in other words, the Parks Department will not reserve the ball field unless they come and pay the $2.00. Councilman Kloesel felt that the $2.00 charge for ballfields should be eliminated and he felt that the increased fees being for swimming pool participants were excessive. Councilwoman Wilbanks moved for the approval of the proposal to increase fees for the use of recreational vehicles; Council- woman Caffey seconded the motion. Councilman Johnson stated that he could support the in- creased fees if the Council could delete the $2.00 charge for 12 hours with no lights at the ballfields. In response to a question from Councilman Cannon, Mr. Roun- tree explained that the Parks Department has approximately 100 softball teams that call and schedule a ballfield. Councilman Cannon suggested that the problem of teams not showing up after scheduling a ballfield for practice could be controlled by the Parks and Recreation Department establishing a policy of no further reservations after teams do not show once or twice. Councilman Kloesel moved to amend the motion to delete $2.00 charge for 12 hours at the ballfields with no lights; Councilman Johnson seconded the motion. The vote follows on amended motion: Ayes: Council members Johnson, Kloesel and Cannon Nays: Council members Philips, Wilbanks and Caffey Mayor Hutto The vote follows on the original motion: Ayes: Council members Philips, Wilbanks, Caffey and Cannon Mayor Hutto Nays: Councilman Johnson Abstained: Councilman Kloesel Recess and Reconvene the the Mayor Hutto recessed the open meeting into executive session to discuss personnel matters. When the open meeting reconvened, the following business was transacted: 00124 -22 Minutes of the Regular Meeting - January 24, 1980 Consider Appointments to the Community Development Board Councilwoman Caffey moved for the reappointment of S. L. Haywood and Dan Herrera to the Community Development Board; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Adjourn With no further business to be transacted, Mayor Hutto adjourned the meeting. Karen Petru, Deputy City Clerk APPROVED: , o 01 C"�44/� Eileen P. Hall, City Clerk ``;`.i' C1TY ;OF BAYTOWN . T1TLE�«. C..°ncessionaire Contract � �• R ••• �� � B1D....TABULA?'1ON • �:_ DATE January 15 � 19$0 � � . � . ' j' �. •,• ,. i •i . • .� • •:• lTENI QTY DESCRlPT10N II UN T CeX � OED UNIT EXTENOEO UNIT• C7�N�E Rr • ., t ercent of Gross Income �� UNIT EXTENOEO - UNIT (EX7Eh'L . ' �_ �- '. � Allowed the City of IIaytown � �19.1Jo •. . iinimum Payment � ; $4,Q00':00 ,• • ,' _ � 1 • • . • -.,• �. • . • '• • - • � •' �. . •• ,. �' ,' U ,. ,� � •• •, +� • . � _ • .. :, • ; ,' •. • � � = ;, ;; .• . •i. �.• ,'• • ., '; � � . . . ,• .';• .' . ,.. .. GROSS TOTAL � :�� � � � � • LESS DISC, • � ' .� NET TOTAL �•. � � . ; :. , •. • . . �cuvtrcr e � - -� , CITY OF BAYTOWN TITLE FRONT E�!'1 LOADER /BACKHOE Bi D TABULATION BID: 891-31 DATE. January 16, 1980 - 9 :30 a.m. MUSTANG TRACTOR LANSDOWNE -MOODY CO. CONROE FORD TRACTOR TRINITY VALLEY TRACT TEM QTY DESCRIPTION UNIT EXTENDED UNIT DcT NDED UNIT ND UNIT EXTEND UNIT x N PRICE PRICF Pfj10E PRICE PRICE PRICE FRONT END LOADER /BACKHOES Per Specifications 1 3 each $23,680. 0 23,324. $28,610. 0 $26,407 00 21,397.10 $71,040.00 $69,972.00 $85,830.00 $79,221.00 $64,192.20 MAKE b MODEL JCB -3C Ford 555 Ford 555 Ford 55 Case 58 C DELIVERY A.R.O. 14 days 90-120 ys 90 days 90 days 1 day Two (2) companies submitted No Bids Case Power b Equipment 926 E. North Belt Houston, Texas 77032 Ph: (713) 987 -1990 GROSS IOTA L • LESS Drsc. NET TOTAL rCi IVFRY - - --- z a .� c c c a TITLE= FRONT ENO LOADER /BACKHOE CONT: OQTE� clrY of sAYrowry eio raBV�ar�o�v TEM QTY DESCRIPTION ALV1N IMPLEMENT CO. PLA1N5 MACHINERY UNfT EXTENDED UNf7 EXTENDED JtM BALL INTER. UN! UNf X N UNf7 X N FRONT END LOADER /BACKHOE Per Specifications � ' 1 3 each $22,700. 0 $22,533.0 521,308 36 $68,100.00 $67,599.00 $63,925.08 MAKE � MODEI Case 580 1H 260 A lH 260 DELIVERY A.R.O. 10 days 30 days 10 days G1-�USS -� U t A L LESS DISC. NET IOTA L r �-r f1�F'RY I CITY OF BAYTOWIV TITLE INDUSTRIAL TRACTOR ANO EQUIPMENT � BID TABULATION BID ®° -- Da7'E; January 16, 1980 - 9:30 a.m. ALVIN IMPLEMENT S S. CONROE FORD TRACTOR TRINITY VALLEY TRAC JIM BALL INTER. TENt QTY DESCRIPTION UNI N E UNIT ExrENoEO UNIT X N UNI EXT NO 0 UNIT EXTENr•1E0 INDUSTRIAL TRACTOR AND EQUIPMENT Per Specifications 1 1 each Industrial Tractor Leyland $ 9,970.00 245 Case 380 7,300.00 Ford 54 12,135.30 Ford 44 $10,550.00 IH 240 $ 9,125.87 MAKE � MODEL: 2 1 each Rotary Cutter Mohawk 1,800.00 20L Woods 10 1,425.00 MKB Woods R 1,078.00 105 Cyclone 1,236.00 60 Servis 1,349.64 0 MAKE s MODEL: � 3 3 each Flail Mowers $1,800.0 5,400.00 1,690.00 5,070.00 51,942.5 5,827.77 51,491.0 4,473.00 51,695.6 Mott 74 5,086.95 MAKE � MODEL: Vemco Mott 74 Mott 74 Ford 91 i TOTAL BID 19,0 1.77 S1 ,259.00 Sts$15 —'�5 2:+� $17,170.00 13,795.00 i 3 � DELIVERY A.R.O. 4 days 7 days 90 days 90 days 45 days C Item 1. f; 3 - Alvin Implement Co. 2230 North Gordon Alvin, Texas 77511 Item 2 - Plains Machinery Co. P. 0. Box 2089 Houston, Texas 77001 GROSS TOTAL LESS DISC. NET TOTA L �_. � 'LIVERY - -- -- -- - - -- .� GlTY OF BAYTOWN TITLE= INDUSTRIAL TRACTOR ANO EQUPMENT CONT: BID TABULATION �1D� DATE GROSS TOTAL LESS DISC. NET TOTAL • D ' (VERY __ - -- -._ _ __. R B TA WATSON DIST. TEM c�TY DESCRIPTION UNIT EXTENDED UNIT EXTENDED UNIT NOD UNlr EXT ND 0 UNIT EXTENDED INDUSTRIAL TRACTOR AND�EQUIPMENT Per Specifications 1 1 each Industrial Tractor 9.695.00 $ 8,930.00 $ 9,331.00 NO BID NO BID MAKE � MODEL: IH 240 A Ford 410 JD 301 � 2 1 each Rotary Cutter 898.00 1,325.00 1,395.00 NO BID S 1,963.00 MAKE S MODEL: Modern Brush Ho 305 Servis 0 Woods R 105 � 3 3 each Ftail Mowers $1,899.0 5,697.00 $1,972.0 5,916.00 $1,505.0 4,515.00 1,794.5 S 5,383.56 $2,002.0 6,006.00 � MAKE b MODEL: Mott 74 Mott 74 JD 25 A Woods F 72 Mott 74 TOTAL BID 1 X90.00 1 ,171.00 15,2 1.00 �= :r S 5,3 3.5 $ 7,969.00 s DELIVERY A.R.O. 30 days 21 days 30 -45 d ys 60 days 90 days c �lncomp ete bid ��Incomp �ete bid GROSS TOTAL LESS DISC. NET TOTAL • D ' (VERY __ - -- -._ _ __. Tlr� E: BACKHOE TRAILERS sID: °'- DA'rE; ��v 16, 1980 - 9:30 a.m. QTY � DESCRIPTION 1 � 2 each A U cd CITY OF BAYTOWN B!D TA eULAT! ON CONROE FORD TRACTOR TRAILER INDUSTRIES CASE POWER S E UIPT AIR LE N UNf UNIT XTENOED UN17 EXTENDED UN1T� nnN C OOf/"C ep�rr PRIC BACKHOE TRAILERS Per Specifications 53,995.0 57,990.00 $4,325.0 58,650.00 3,294.8 56,589.66 54,266.0 58,532.00 53,625.0 57,250.00 MAKE E MODEL M E P 3 Goosenec 1980 Eager B aver L9L LTL 182 Ka1yn U S 18 DELIVERY A.R.O. 14 days 21 days 21 days 14 days 30 days Three (3) companies submitted No Bids � � � -. Case Power � Equipment 926 East North Belt Houston, Texas 77032 Ph: 987 -1990 GROSS TOTAL LESS DISC. NET TOTAL > ! 11��RY c,ry of eAVrowly T�TLF� POOlA33E CONCRETE MIXERS B10 TABULATION 8ID• DA7-�. January lb, 1980 - 9:30 a.m. _ ^�f QTY DESCRIPTION R.B. EVERETT CO. NI7 ExTENDEO BOEHCK E GARDNER UNIT Ex7EN0 D PORTABLE CONCRETE MIXERS Per Specifications 1 2 each $1,840.1 $3,680.24 1,760.00 $3,520.00 MAKE b MODEL Stone 9 M Stone 9 CM DELIVERY A.R.O. 35 days 30 days Four (4) companies were mailed bids Boehck b Gardner 7106 Mykawa Road Houston, Texas 77033 GROSS TOTA L LESS DISC. NET TQTA L ��'` cl I1 /CRY UNl mM� O 0 r D r x rn < N V -• O a rt (D a S rt N C a N rt N v a a W %.n < N w n_ Attachment "F" i -n m o 14 v O 1 N v, W a rp �j7 N • ~ D n At O C m v It CL o v W - M w ., C7 r 00 0.0 C D O N N M O M 7 C r f? a $ n. O Cu Z O r W 1 p� �1 w -n a c 14 v O 1 N v, W m m n N O O O v N c 14 v O 1 rD n N �j7 N n At •c C <n� N It rt a W - M w ., o a -1 00 Z rt D O N V N O •v -4 N w I D_ N r n -• 3 =' oc n z no -t n rn O v 7 Vf N M m VC N x IC z a a M --1 m _m V M ( ) n C) z I ` a o c � Co CO w rn •r ,OA n DD A O C � t" D D -< �O O Z7 0 1 n N n N 0 rt -• tD w o a -1 00 7 rt D N N � N O •v -4 N w I D_ N r n -• 3 =' oc n z no -t n rn O v 7 Vf N M m VC N x IC z a a M --1 m _m V M ( ) n C) z I ` a o c � Co CO w rn •r ,OA n DD A O C � t" D D -< �O O