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
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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
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