1981 12 10 CC Minutes11210 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 10, 1981
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, December 10, 1981, at 6:30 p.m.
in the Council Chember of the Baytown City Hall with the
following attendance:
Fred T. Philips
Jimmy Johnson
Perry M. Simmons
Mary E. Wilbanks
Roy L. Fuller
Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Larry Patterson
Randy Strong
Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
The meeting was called to order with a quorum present
and the invocation was offered, afterwhich the following
business was transacted:
Minutes
Councilman Fuller moved for approval of the minutes for
the Council meeting held November 24, 1981; Councilman
Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Receive Petitions
A petition which had been executed by 174 city employees
had been submitted to the Administration. The petition
requested that consideration be given to withdrawal from the
Social Security program with the understanding that two
years advance notice in writing must be given. The petitioners
requested that City Council accept the petition and refer
same to the City Manager for appointment of a committee to
study and recommend possible alternatives to the Social
Security program for both city and employee contributions.
Mr. Lanham stated that the law requires that two (2)
years notice be given prior to an entity withdrawing from
the social security program. During that time, the study
referenced in the petition can be performed and a final
determination made. The city would not be required to
withdraw at the end of two (2) years if the decision is made
to remain in the program.
0
Councilman Johnson moved to accept the petition and
refer same to the proper committee; Councilman Cannon
seconded the motion.
11210 -2
Minutes of the Regular Meeting - December 10, 1981
Mr. Lanham clarified that the motion is that the Adminis-
tration be authorized to notify the proper federal agency
that two years from January 1, 1982, the present plan is to
withdraw from the social security program. He stated that
he was certain that during the two years there would be a
number of meetings, a great deal of study and if Council
desires, a vote before any kind of final determination.
The City Attorney explained that if the city gave its
written notice this month, the city would be out of the
program by the end of 1983. If the written notice is mailed
in January, 1982, the two -year period will be up in January,
1983 and the city would not be out of the plan until the end
of 1984. The recourse if the city determines not to pursue
the issue is to notify the proper authorities of that decision.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
City Manager's Report
Sick leave - The Administration has reported to Council
from time to time concerning reduction in sick leave usage
by City employees. Approximately one year ago an improvement
was announced. Since that time, sick leave usage has improved
further. During the third quarter of this year, sick leave
usage was down to 1.78 %; for the entire year the percentage
is 2.37 which is below last year.
Baker Road - Council had requested that the Administration
be in contact with the contractor on Baker Road and the
county concerning the possility of getting at least a portion
of Baker open to traffic. The Administration has been
informed that Baker will be open from North Main to a point
west of Garth Road prior to Christmas.
Drainage - Singleton Road project is eighty -five (85 %)
percent complete; North Main from Cedar Bayou Lynchburg to
East Baker has been completed; West Main is approximately
ninety -five (950) percent complete; Massey Tompkins Road
project which involves cleaning ditches and enlargement of
drainage pipes from Crosby Cedar Bayou to Raccoon is approximately
ten (10 %) percent complete; Brownwood Drive dirt berm is
about thirty -five (35 %) percent completed.
Sliplining - The contractor on Phase III of the 1981
Sliplining Program is awaiting delivery of pipe and expects
to begin work after the first of the year.
Water line in vicinity of Thompson Road - The contractor
will begin work on Monday, December 14.
Community Development - Carver Street - The contractor
is eighty -five (850o) percent complete with storm sewer and
has completed all water distribution improvements. Excavation
has been completed in front of Carver Jones School. The
total project is about twenty -five (25 %) percent complete.
0
1980 Street Improvement Project - All streets have been
completed, but there was a change order adding curb and
gutter work in Tejas Park which is about fifty (50%) percent
complete. Cleanup work remains for the entire project.
11210 -3
Minutes of the Regular Meeting - December 10, 1981
Questions and Comments Regarding City Manager's Report
Councilman Fuller commented that on Baker Road the
esplanade needs more forming and all of that dirt is clogging
the gutters on both sides. He felt that the contractor
needed to clean the gutters.
Councilman Johnson requested that the drain at the
intersection of Texas Avenue and Gaillard be unclogged.
Mayor Hutto requested, with Council approval, to have
an item placed on the next agenda regarding truck traffic on
thoroughfares and streets. Council voiced no objection.
Consider Proposed Ordinance, Preserving Land Owned by
the City of Baytown in the Immediate Vicinity of Sterling
Municipal Library for Library Use
The Administration, in accordance with Council directive,
had prepared an ordinance for Council consideration, preserving
land owned by the City of Baytown in the immediate vicinity
of Sterling Municipal Library for library use. The Administration
recommended approval of the ordinance.
Councilman Philips moved for adoption of the ordinance;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3279
AN ORDINANCE RESTRICTING THE USE OF CITY PROPERTY ADJOINING
STERLING N[UNICIPAL LIBRARY TO LIBRARY RELATED PURPOSES; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Representatives of Citizens Bank and Trust Will Appear
This item was withdrawn prior to the Council meeting.
Consider Proposed Ordinance, Awarding Contract for 14est
District Sewage Conveyance System and Effluent Force main
Ten bids were received on December 1, 1981, for con-
struction of West District Sewage Conveyance System and
Effluent Force Main. The bids in order from low bid to high
follow:
BIDDER AMOUNT
McKey Construction & Equipment Inc.,
LaPorte, Texas $ 1,063,411.50
Texas Sterling Construction, Inc.
Houston, Texas 1,134,907.00
Anselmi & DeCicco, Inc.
Maplewood, New Jersey 1,184,817.00
Mar -Len, Inc.
Baytown, Texas 1,198,680.00
(Bid tabulation continued on Page 11210 -4)
11210 -4
Minutes of the Regular 'Meeting - December 10, 1981
BIDDER
Sabine Consolidated, Inc.
Port Arthur, Texas
Reliance Construction, Inc.
Houston, Texas
Boring & Tunneling Company of America
Houston, Texas
D. R. Crane, Inc.
Tulsa, Oklahoma
Jalco, Inc.
Houston, Texas
BRh Company, Inc.
Houston, Texas
AMOUNT
$ 1,227,373.00
1,306,890.00
1, 368, 890. 00
1,412,650.00
1, 593, 564. 00
1,832,091.00
The consulting engineers, with Administrative concurrence
recommended that the contract be awarded to the low bidder,
McKey Construction & Equipment, Inc. for $1,063,411.50. This
bid is below the engineers estimate of $1,262,000. Award of the
bid would be contingent upon approval of EPA since this project
is partially EPA funded.
In response to an inquiry from Council, Mr. Streeter
with the firm of Langford Engineering, Consulting Engineers
on the project, stated that McKey Construction has performed
work for the City of Baytown in the past in a satisfactory
manner. From all information, McKey Construction & Equipment,
Inc. is a very reputable contractor.
Councilwoman Wilbanks moved for adoption of the ordinance,
awarding the contract for West District Sewage Conveyance
System and Effluent Force Main to McKey Construction &
Equipment, Inc. Councilman Philips seconded the motion.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3280
AN ORDINANCE ACCEPTING THE BID OF MCKEY CONSTRUCTION AND
EQUIPMENT, INC., FOR THE CONSTRUCTION OF WEST DISTRICT
SEWAGE CONVEYANCE SYSTEM AND EFFLUENT FORCE PLAIN -- CONTRACT
NO. 4; AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY
THE CITY FOR THE SUM OF ONE MILLION SIXTY THREE THOUSAND
FOUR HUNDRED ELEVEN & 50/100 ($1,063,411.50) DOLLARS.
Consider Request to Transfer Permits for Taxicab Service
Mr. Gordon Hart was present and requested of Council
that he be allowed to withdraw the request to transfer
permits for taxicab service since the persons he would be
transferring to had indicated an inability to accept the
offer. Mr. Hart stated that the company would continue to
be operated as in the past. Council had no objections.
11210 -5
Minutes of the Regular Meeting - December 10, 1981
Consider Preliminary Engineering Report for Extension of
Rollingbrook Drive
Johnnie Busch, Consulting Engineer on the Rollingbrook
Drive Extension Project, was present to review the preliminary
report on that project with Council. This proposed facility
has been in planning for a number of years and the engineers
have recommended no significant alignment changes. The City
of Baytown's Planning Department has recommended that a
"continuous left - turn" facility be utilized for this project.
The consulting engineers concurred in that recommendation
because roadways separated by continuous left turn lanes,
such as Park and Garth, have proved to be safe, effective
traffic movers and provide much better access to abutting
properties. The project includes the construction of a
bridge over Goose Creek Stream which bridge will contain a
fenced sidewalk on each side. The engineers are recommending
that necessary right of way be acquired to construct a
portion of needed drainage ditch as part of this project.
The ditch will serve as an outfall for a portion of the
storm sewer associated with the roadway construction. It
will provide drainage to an undeveloped area north of the
project which otherwise could not be properly drained. It
will facilitate the drainage of Rollingbrook Drive and adjacent
property. At some future date, this drainage facility could
be extended to Baker Road to intercept some of that rainfall
runoff that is captured by the large box culvert now in
place and route it around some of the more built up sections
along Goose Creek Stream which will help the surge flow of
those areas. fir. Busch stated that the engineers do feel
strongly that the drainage work is necessary and urge Council
approval of this concept. The estimated cost for the Rolling -
brook Drive Project is $3,374,800.00, with additional costs
of $110,000 for the drainage plan plus undetermined right of
way costs. It will be necessary to acquire 8 acres right
of way for construction of Rollingbrook Drive and 6 acres
right of way for outfall drainage ditch.
Mr. Lanham, in response to
explained that what the Adminis
approval of the general concept
will contact the property owner
the property owner would prefer
of the drainage ditch.
an inquiry from Council,
tration is seeking is Council
and later, the Administration
to determine which approach
with regard to construction
In response to inquiries from Council regarding possible
participation by the county, Mr. Busch stated that the
portion north of Rollingbrook Drive is not critical to the
construction of Rollingbrook Drive. The portion south of
Rollingbrook Drive is necessary appurtenance to Rollingbrook
Drive and if Council desires to postpone the development of
drainage plans north of Rollingbrook Drive to some later
date, this would not affect the function of drainage along
Rollingbrook Drive.
Mayor Hutto pointed out that the county has a bond
election to be considered shortly and perhaps this could be
included in that bond election.
Another possibility would be to construct a storm sewer
along Rollingbrook and carry the water directly to Goose
Creek; however, the proposed drainage improvement would be
more economical because of the large area that must be
drained. To accomplish proper drainage of this large area,
it would be necessary to construct very large drainage
structures which costs would exceed the cost of the drainage
ditch several times.
11210 -6
Minutes of the Regular Meeting - December 10, 1981
Mayor Hutto suggested that Council authorize the
Administration to talk with the county concerning the portion
north of Rollingbrook. Council voiced no objection.
Mr. Busch explained that the reason for recommending a
continuous left turn movement on the structure is medians
are not as safe nor as effective in movement of traffic.
Mr. Lanham explained that the Administration is presently
requesting Council approval of the concept, afterwhich the
property owner will be contacted and the Administration will
report back to Council.
Councilman Johnson moved to authorize the Administration
to contact the property owner utilizing the proposed concept
in those discussion; Councilman Simmons seconded the motion.
The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Fuller and Cannon
Mayor Hutto
Nays: None
Abstained: Councilman Philips
Hold Public Hearing on Houston Lighting and Power Company
Rate Request (7:00 p.m.)
Rlayor Hutto opened the public hearing regarding the
request of Houston Lighting and Power Company for rate
increase. He allowed time for all those present desiring to
testify to sign the register since that register provides
the order those desiring to speak are called. Mayor Hutto
explained that Houston Lighting and Power had filed a rate
increase request which would result in a system -wide revenue
increase of approximately $248,000,000. The City of Baytown
has jurisdiction over utility rates within the city limits
and the public hearing is for the purpose of providing City
Council information and evidence to make a determiniation as
to the rate that Houston Lighting and Power Company may
charge. After hearing from Houston Lighting and Power
Company and the city's consultant, Council will welcome any
additional testimony from those desiring to testify. mayor
Hutto administrered the oath to Mr. Jim F. Schaefer, District
Manager with Houston Lighting and Power Company.
Mr. Schaefer reviewed the rate case pending before
Council as follows: In July, 1981, Houston Lighting and
Power Company filed with the Public Utilities Commission of
Texas, the City of Baytown and the other 84 cities that are
in this service area a system -wide rate increase for the
amount of $248,000,000. During the ensuing months the eight
volume package that was provided the City of Baytown, PUC
and other cities was studied by the PUC staff. Sepember 17
and 18, 1981, HL &P met with PUC staff and various intervenors
in the rural case and reached a settlement providing for a
system -wide increase of $189,000,000. The PUC hearings
examiner issued an order or report adopting that settlement
and on October 15, 1981, the three commissioners signed the
final order and made rates effective based on that $189,000,000
settlement.
11210 -7
Minutes of the Regular Meeting - December 10, 1981
HL&P filed with the City of Baytown and other cities on
November 9 a bond to place those rates into effect. Of the
85 incorporated cities which HL&P serves, 4 have passed some
other form of ordinance than recommended by PUC. On December
3, a pre- hearing conference was held in the commission
office in Austin and in those cities, interim rates were
placed in effect. There will be a full -blown hearing before
the commission on January 27. Houston Lighting and Power
Company's request of Council was that Council adopt the
recommendation of the PUC in the rural rate case. Some of
the major points in that rate case which are important are
that the actual increase amount was $189,144,000 or 7.19% of
the staff adjusted test year total revenue which ended March
31, 1981. There was an increase in the overall residential
rates of $84,865,000 or 11.1% increase in the residential
category. Rate of return on common equity was 16.25 %;
included in the rate base was 73% of construction work in
progress or approximately 881.8 million dollars. Franchise
fees continue to be surcharged to the cities and is not
included in the base rate as in past years. The rate design
also reflected residential category for those who utilize
less than 750 KWH or less during the summer billing months.
Mr. Schaefer ended his comments by stating that the
agreement that was reached with the commission was signed by
the intervenors and he named those entities who acted as
intervenors.
Randy Strong, City Attorney, mentioned that Council had
been furnished a copy of the letter from Joy Warren with
Touche Ross & Co., rate consultants for the City of Baytown,
which letter summarizes their recommendation. Also, at each
Council place was a copy of Houston Lighting and Power
Company Application to Increase Rates Summary of Consultant
Recommendations which the City Attorney requested be included
as part of the record. A copy of the letter from Ms. Warren,
along with a copy of the report is attached to the minutes
as Attachments "A" and "B" respectively.
Joy D. Warren was sworn by Mayor Hutto and reviewed the
report which recommended a rate increase of 5.2% or
$134,984,000 which is $58,252,000 less than PUC staff recommenda-
tion.
Mayor Hutto inquired if there were other persons
present who desired to testify. There was no indication
that anyone else desired to speak; therefore, Mayor Hutto
closed the hearing.
Consider Proposed Ordinance, Establishing Rates for Electric
Service Provided by Houston Lighting and Power Company
The legal staff had prepared two ordinances - -one would
adopt the rate established by PUC and the other would adopt
the rate recommended by Touch Ross & Co. which are the rates
that Houston and 34 other cities have adopted. Council is
required to adopt a rate ordinance by January 7 or the rates
that Houston Lighting and Power Company originally requested
will become effective.
Councilman Philips moved to adopt Proposed Ordinance
No. 11210 -2A which would establish the rate adopted by the
PUC.
11210 -8
Minutes of the Regular Meeting - December 10, 1981
Randy Strong, City Attorney, explained to Council that
the ordinances speak to rate increase, as well as rate
design and Council would need to indicate which rate design
is to be adopted. The rate design is simply spreading the
increase amongst various classes of rate payers. The ordi-
nances adopt rate designs. Therefore, in each case, by
adopting the ordinance, Council will be adopting the rate
design set forth in the packet behind the ordinance. The
Touche Ross design utilizes the same design as the company
recommended, but with different figures.
Councilman Philips stated that Touche, Ross study was
to assure that a "bottom line" figure had been achieved and
once that has been accomplished, he felt that there was
little point in going any further, other than to set what
percentage would be acceptable. Going beyond that would not
be getting at the cost for electricity, but different ways
of distributing it which is open to all kinds of variations.
He stated that the 7.2% rate increase is consistent with the
PUC which has decreased the original request of Houston
Lighting and Power Company by some $50,000,000. He felt
that firms like Touch Ross have done much to point out
certain inequities and cause HL &P's request to become more
reasonable and at this particular time the 7.2o represents a
realistic reduction.
The city attorney pointed out that because the cities
of Houston and Baytown did not participate in the hearing
before the PUC on the rural rates, none of the Touche Ross
recommendation has been before the Public Utilities Commission
at this time.
The motion died for lack of second.
In response to an inquiry from Council, Mr. Strong
stated that if the Touche Ross recommendation is adopted,
probably HL&P will file an appeal to the PUC and request an
interim rate equal to the $189,000,000 increase granted,
pending actual hearing on the merits. The City of Houston
rate decision has been appealed. The PUC has granted an
interim rate and scheduled a hearing on the merits for
January 27. Therefore, if Council should adopt the Touche
Ross recommendation, HL&P will probably file its appeal
tomorrow and Baytown will probably be consolidated with
Houston and be in Austin, January 27.
Councilman Johnson moved to adopt Proposed Ordinance
No. 11210 -10 -2B which ordinance adopts the recommendation of
Touche Ross & Co.; Councilman Simmons seconded the motion.
The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Fuller and Cannon
Mayor Hutto
Nays: None
Abstained: Councilman Philips
ORDINANCE NO. 3281
AN ORDINANCE ESTABLISHING RATES TO BE CHARGED BY HOUSTON
LIGHTING & POWER COMPANY IN THE CITY OF BAYTOWN, TEXAS;
PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES;
PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE
11210 -9
Minutes of the Regular Meeting - December 10, 1981
CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ANY OTHER
ORDINANCE OR PART OR PARTS THEREOF WHICH MAY BE IN CONFLICT
HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Appeal of John Haesly Company From Decision of
Baytown Planning Commission Regarding West Town Shopping
Center -- Phase Two
Mayor Hutto reminded those present that Council has
adopted a policy which allows the presiding officer to
request a spokesman be chosen from a group of persons who
wish to address the Council on the same subject. This
policy is to avoid repetitious presentations and allow the
Council to proceed in an orderly manner with its business.
Mayor Hutto stated that if any group present wished to have
a different representative to present different issues,
that group would certainly be free to do so. However,
Council requested that those representatives be limited and
that representatives refrain from repeating each other in
their presentations.
Mr. Cletus Davis with the firm of Boswell, O'Toole,
Davis & Pickering, Attorneys at law, was present as representative
of Haesly - Kinghorn Partnership No. 2 which is owned by John
Haesly and Allen Kinghorn. The Haesly - Kinghorn Partnership
owned the property located at Decker Drive and Fairway
Drive, which development is planned Phase II of West Town
Shopping Center. The same partnership developed Phase I.
Mr. Davis stated that he would like to provide Council with
a history of the acquisition of the land and then provide an
overview of material that is to be presented through witnesses
present.
First of all, this tract of land was put under option
to purchase back in 1979. Extensive work was done to set
out conditions in that earnest money contract to make certain
that an orderly approach was being made to the development
of the second phase of this shopping center. For example,
the seller of the property was required to make certain that
adequate water and sewer facilities were available from the
City of Baytown to serve the property for its proposed use.
In addition, financing requirements were set out so that the
partnership could work with the lending institutions to line
up financing before the property was purchased and soil
analysis were performed. The partnership worked very closely
with the City Planning Commission on the layout to make
certain that the development was acceptable to the city and
the City Planning Commission.
In 1980, the developer appeared before the City Planning
Commission. The layout was approved with no objections to
the curbcuts on Fairway Drive. The developers had difficulty
due to the financing market for shopping centers to get the
plat in for final approval before the City Planning Commision
in the alloted time. Therefore, the developers postponed
until May, 1981 when they appeared before the Planning
Commission again with their layout.
In dealing with financing for the project, one of the
requirements was that the City Planning Commission approve
the project before the construction lenders would even allow
the developers to sign the note and begin. Therefore, that
was a very key point which the developers relied upon in
May, 1981, when this was approved not only by the City
Planning Commission but all other departments of the City of
Baytown which are involved in development of shopping centers.
11210 -10
Minutes of the Regular Meeting - December 10, 1981
The land was purchased in August, 1981. Permanent
financing and construction financing had been secured and an
$8,000,000 note had been executed for this development. In
November, the developers went before the Planning Commission
again for final approval of the layout. They already had
construction contracts and all the permits required by the
City of Baytown and other governmental entities to move
forward with this project. At that time the City Planning
Commission made final approval of the development of the
center except for the number of curb cuts that would be
permitted on Fairway Drive. The hearing was set off for an
additional week and the developers appeared again before the
City Planning Commission. At that time the citizens of
Country Club Oaks Subdivision appeared and the City Planning
Commission reversed its position and cancelled the project
and would not approve it due to the one controversy of
providing access to Fairway Drive. That is when the developers
appealed to City Council. The developers were present to
present information in order to help Council make a decision
and to establish the serious financial difficulty that the
partnership will be in by the fact that the City Planning
Commission reversed its approval. Denial of access to
Fairway will make the shopping center development unattractive
to a number of the tenants that have already signed leases.
The developers had a traffic survey made by an independent
consultant to determine the impact of the traffic that would
be created by the development of this center. Testimony
will also be presented by the architect who worked closely
with the City and the Planning Commission to meet all requirements
necessary to move forward on the project. Before Mr. Davis
called the first person to testify, he inquired if Council
had any questions of him.
In response to an inquiry from Council regarding lack
of financing as a direct result of non - access to Fairway,
Mr. Davis stated that the developers have a construction
loan presently in place for $8,000,000 and if the access is
denied on Fairway, there is serious concern that the prime
tenant, TG &Y Stores, which tenants lease is a condition of
the financing, may terminate their lease because of the
change of the plan. If this should occur the developers
bank note would be in default, their permanent loan would be
in default -- that's how serious it is for the developers.
Mayor Hutto inquired if the Planning Commission had
given preliminary approval in May or whenever it was?
Mr. Davis responded that in May, 1981 preliminary
approval was received which was the key that the construction
lender relied upon.
Mayor Hutto inquired what motivated the Commission to
reverse itself some 6 -8 months later? Was it the same plat?
Mr. Davis responded that it was the same plat and
indicated that the architect on the project could provide
more detail.
Councilman Fuller inquired if elevations were presented
at the time of preliminary approval?
Mr. Davis responded that
was presented and that the pr
commission was interested in
the building, drainage, etc.
engineering and elevation was
The flood plan, drainage plan
plat process.
he thought that a plat plan
imary thing which the planning
-- the preliminary layout of
Therefore, he felt that both
presented to the commission.
and everything is part of the
11210 -11
Minutes of the Regular Meeting - December 10, 1981
Mayor Hutto pointed out that the Planning Commission
has had a month to study this to arrive at a decision and
this is the first opportunity that Council has had to go
into the details of the situation.
Mr. Davis requested that he be allowed to call Mr. John
Haesly who has been in real estate development for the past
20 years and in the Houston area for the past 15 years. Mr.
Haesly has been responsible for the development of a number
of shopping centers in the Houston area. As a result he is
well qualified to tell about the kind of attitude the typical
shopping center tenant will have when considering flow of
traffic and access availability to abutting public thorough-
fares.
Mr. John Haesly stated that he had been involved in the
City of Baytown for a number of years. Phase I of West Town
Shopping Center was completed several years ago and during
the course of that development, the logical evolution of
properties on Decker Drive would be continued expansion of
retail on this property. Therefore, the planning on this
project has been in place for some period which could be a
long as five years. When the option was taken to purchase
the property which the total option period was about twenty -
one months, the developers were faced with the most difficult
financial period of time in the history of the real estate
industry. However, the developers still felt like this
development was a development that would contribute signifi-
cantly to life style of the people who reside in Baytown.
Although there were economic hardships, the developers did
arrange financing in the amount of $8,000,000. The key to a
package like that is predicated on the income stream that
the particular property is likely to produce. In Phase I, a
lease was signed with TG &Y Stores for 15,000 square feet
over five years ago. Due to circumstance at that time which
is not significant to mention now, the decision was made not
to build that store. Today, the financing is keyed to the
presence of the 60,000 square foot TG &Y store. Due to the
peculiar configuration of the site, a merchandising plan had
to be developed which would appeal to retailers that would
permit maximization of the utilization of Decker Drive
exposure. As the development progresses, the overall development
plan is going to present probably one of the outstanding
community centers in the country for the City of Baytown to
enjoy. Mr. Haesly mentioned that he had traveled extensively
in the last 15 years to cities which are comparable to
Baytown and for a city the size of Baytown to have a complex
of this size so stratigically located with such convenience
to its citizenry is an outstanding opportunity for the city
to have.
Mr. Haesly mentioned that in the negotiations with
tenants generally leases are long -term for major tenants and
short -term for smaller stores. Major tenants are looking at
the economic situation of the property for 20 -25 years. Mr.
Haesly stated that if he had to retreat today and go back
and redefine access to the property, it might precipitate a
situation where the total economic value of the property
would diminish and he would be in default to major borrow-
ings presently secured. Therefore, there is absolutely no
way to measure the total significance of having major tenant
leases cancel. Approximately $2,000,000 has been expended
on the purchase of land and the employment of professionals
to assist in the design of the property. If an error has
been made, it was that a traffic consultant was not hired to
begin with; however, a traffic consultant has been engaged
who will be part of the program tonight. One of the major
11210 -12
Minutes of the Regular Meeting - December 10, 1981
problems with the development has always been flood water
which accumulates on the property. A consulting engineer
from Houston has been retained to work closely with Harris
County Flood Control, county engineers and city engineers.
A masterful plan has been devised to take care of waters,
both sanitary and flood or rain type waters. Also, the
developers have gone to extreme degrees of labor to try to
achieve a suitable mix of proposed tenants in order to
complement the first phase of the development.
Studies show that this property when developed will
produce revenues to the City of Baytown from ad valorem
taxes probably in excess of $60,000 per year and will generate
sales in excess of $30,000,000 per year of which sales taxes
will be collected. Employment that will be afforded by the
project in the construction effort will probably involve the
discharging of about $3,500,000 in labor and employment
long -term over the life of the property with approximately
30 merchants and 150,000 square feet of floor space will
probably employ 200 -225 people - -long term.
Mr. Haesly emphasized that the partnership is not a
stranger to Baytown. He stated that he was proud of the
development that has been developed to date and he feels
that the proposed development will be an asset to the city.
The development will serve upwards of 30,000 and should have
an economic life in excess of 30 years. He also emphasized
that the developers definitely need access to Fairway Drive
to continue the orderly development of the property. With
this in mind, the developers have engaged within the last
two weeks a national firm of traffic consultants and have
obligated themselves financially to develop a study that
hopefully was done with enough care to define present day
problems and possible solutions. At that point, Mr. Haesly
requested that `.4r. John Zegeer report on the findings of the
traffic study.
Mr. John Zegeer is with the firm of Barton - Aschman
Associates Inc., traffic consultants with offices throughout
the United States. Mr. Zegeer is a registered engineer and
has performed extensive work in traffic studies and shopping
centers. He has performed traffic studies for cities for
varying types of developments and he and his firm have made
a detailed study in and around the Phase II development.
`4r. Zegeer summarized the traffic report which was
prepared on the Phase II project. Mr. Zegeer had prepared a
map which depicted the exact location of the project which
is located in the vicinity of Decker Drive and Baker Road.
He stated, pointing to the map, that on the left hand of the
map are two red lines which indicate Decker Drive. Decker
Drive or Spur 330 is a street which links with IH -10 on the
north. He also pointed to the intersection of Decker with
Baker Road. Baker Road is currently under construction as a
county construction project on the north side of the existing
Phase I development. Baker Road crosses Goose Creek and
east of there the construction has primarily been completed,
but the roadway has not yet been opened to traffic. Fairway
Drive is an east /west street which forms the northern boundary
of the Country Club Oaks Subdivision. Goose Creek was shown
in green on the right hand side of the map and Phase I which
exists today at the corner of Baker and Decker was shown by
large green Roman Numeral I, that is the center which contains
a Safeway Store, Bealls and a Firestone Dealership. The
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Minutes of the Regular Meeting - December 10, 1981
project proposed for development as a shopping center is
called Phase II Development at the northeast corner of
Decker and Fairway Drive. East of that project site is
Pumphrey Elementary School and north of the project site is
West Lodge Apartment Complex.
In response to an inquiry from Council, Mr. Zeeger
stated that the two parcels (Phase I and Phase II) do abut
one another and he pointed to the common boundary. With
that brief overview of the area in question, Mr. Zeeger
stated that his firm was retained to do a traffic impact
analysis of the anticipated traffic demands that would be
generated by the Phase II development. In doing so, he
emphasized that the consultants were not hasty in just
looking at the site and forming opinions by "shooting from
the hip." He further stated that there are times when this
may happen, but his firm understood the magnitude of the
problem and the serious concern that existed in the city.
For that reason extensive surveys were performed to determine
exactly what the existing conditions are and to project
future demands that are going to occur in the area. A
series of turning movement counts during peak periods, both
morning and evening at major intersections in the area were
taken. Existing driveways into and out of the existing
Phase I development along with delivery vehicles were counted.
Both pedestrian and vehicular counts across Fairway Drive
were made in the vicinity of Pumphrey Elementary. In addition
to that the consultants held meetings with representatives
from the county, state and City of Baytown to apply any
existing and future roadway improvements, and utilized
previous traffic counts to confirm that the data collected
by Barton- Aschman Associates, Inc. was accurate. With that
data at hand, future impact of the development was analyzed.
The traffic consultants findings are summarized as follows:
1. Traffic congestion;
2. Pedestrian /vehicular conflicts in the vicinity of
Pumphrey Elementary School;
3. Delivery vehicle access into and out of the Phase
II development.
With regard to traffic congestion, the traffic consultants
analyzed the levels of traffic utilizing the major intersections
in the vicinity during both morning and evening rush hours.
Everyone has their own conception of what is congestion and
how much of a backup we are willing to experience at any
particular intersection. In the traffic engineering profession
an objective set of evaluation measures have been developed
which can be applied to a number of varying situations to
determine in an objective manner how congested a given
situation is. In applying these measures, the size of the
city and density of the area are considered. Persons in
rural areas, for example, are not willing to tolerate the
level of congestion in downtown Houston. On the other hand,
people who live in Baytown would be able to tolerate more
congestion than those persons who must commute in Houston.
In this particular care, utilizing the count, the traffic
consultants were able to conclude that at the intersection
of Baker /Decker and Fairway /Decker during both peak periods,
the intersections are currently working at an acceptable
level of service. In fact, what was found is that the
amount of delay at those intersections is fairly common
during peak periods throughout many areas that experience
rush hour traffic, but that in itself is not enough infor-
mation. What the traffic consultants attempted was to
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Minutes of the Regular Meeting - December 10, 1981
determine how those intersections would be affected by the
development of Phase II. Counts throughout the country have
been made of centers of this size, including this particular
area of the country to determine accurately how traffic will
travel to and from centers like this and the volume. Using
that information and also using information collected from
Phase I development, the traffic consultants were able to
forecast future traffic volumes and there will be an increase.
The traffic consultants, utilizing the techniques
mentioned, were able to determine if driveways to provide
auto access onto and off of Fairway Drive were not allowed
for employees and patrons of the Phase II center, the traffic
volume leaving the center (all who would be forced to turn
right northbound Decker Drive) would overload the Baker /Decker
intersection during the evening rush hour. It would continue
to work at an acceptable level of service during the morning
rush hour, but during the evening, the level of service
would be beyond acceptable standards for a city of Baytown's
size with the existing roadway design. What that means is
it would be required to have the northbound lane of Decker
Drive widened in advance of the Baker /Decker intersection.
There would be necessity for a three -lane section in order
to provide capacity to move the normal volume of vehicles
which would want to move through that intersection during
evening rush hour. Therefore, there could be a negative
impact in that sense due to not providing access on Fairway
Drive. If there were access along the site boundary on
Fairway Drive, enough of the traffic could be siphoned off
from Decker Drive by the traffic being able to turn right
out of the center and turn left at the Fairway Drive crossover
to travel outbound onto Decker. As a result of the pressure
being taken off the Baker /Decker intersection, that intersection
would continue at the same level of service, not to say that
the volume would not increase - -it would, but the increase
would not be nearly as great and would not be beyond the
limit of what is currently being accepted.
The traffic consultants also considered increase in
volume which could be expected on Fairway Drive which is
obviously a concern. Fairway Drive is a collector street
which forms the boundary of a residential subdivision and
connects arterial or major streets -- Decker Drive and Baker
Road. As a collector street, there are standards which are
accepted in the profession for volumes which are acceptable.
Given the forecast of utilization of Fairway Drive after the
center opens the traffic consultants found that the volume
in the heaviest directions during the heaviest hour of a
normal week day would still be well below that common standard
for traffic volume congestion. That is to say that the
amount of backups, stopping or waiting time for the people
within the subdivision would be no greater or not significantly
greater than what is being experienced now.
With regard to pedestrian /vehiclar conflicts as they
relate to the elementary school, the traffic consultants
conducted counts throughout the morning peak periods and the
afternoon peak periods and talked extensively with the
crossing guards in that area and made observation to determine
the situation. The consultants considered the additional
traffic which the opening of the center would generate with
cuts on Fairway. The traffic consultants observed that
school begins after most of the heavy rush hour traffic has
completed. School opens at Pumphrey Elementary School at
8:30 a.m. The highest hour for rush hour traffic in this
vicinity of Baytown is 6:45 a.m. and 7:45 a.m. The heaviest
volume of children crossing Fairway Drive is 8:15 a.m. and
8:30 a.m. In fact, the traffic consultants observed that the
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Minutes of the Regular Meeting - December 10, 1981
volume of children crossing is somewhere less than 10
children. Most children are transported to school by bus,
van or private automobile. In the evening rush hour, after
school is dismissed, the volume of children crossing Fairway
Drive is much greater. The volume ranges somewhere between
20 -60 children, depending on the day of the week and the
activities being held in the area. During the evening
period, the outbound flow of children occurs between 3 :30
p.m. and 3:45 p.m. Vehicular traffic using Fairway Drive at
that time is quite low. The highest hour of activiity
occuring on week days with vehicular traffic is between 4:00
p.m. and 5:00 p.m. Therefore, there is no meshing of
pedestrian /vehicular traffic.
An analysis of the existing activity of delivery vehicles
to the Phase I development was also performed, as well as
statistics from other developments of this size throughout
the country. First, the consultants found that there were
no three -axle trucks using Phase I development, but this
will not be the case all the time. There will be semi-
trailers using the Phase II development, but the only tenant
anticipating the use of three -axle trucks is TG &Y, the store
which requires the heavy delivery of goods. The great
majority of delivery vehicles (well over 90010) would consist
of two types -- two -axle trucks and vans. Most deliveries
will be occurring from IH -10 or from the northwest down
Decker Drive. For that reason, the need for access for
delivery vehicles off Fairway Drive is oriented to getting
to and from Decker Drive. The engineers found during the
study that there would be additional traffic generated as a
result of the shopping center and from traffic congestion
standpoint, it would be preferable to provide access directly
onto Fairway Drive to obviate the need for widening Decker.
Because of the timing of school activities and major truck
service activities with access to the crossover at Fairway
Drive, the impact with regard to vehicular conflict and in
terms of truck service conflict would be negligible as it
relates to the area east of the shopping center.
Mr. Zegeer presented a full report of the traffic study
for the record which is attached to the minutes as Attachment
"C . It
In response to an inquiry from Council, Mr. Zegeer
stated that everyone does not leave the shopping center at
one time, but a large enough volume leaves during rush hours
(home to work hours) so that that amount of traffic added to
the normal home to work traffic does create an impact on the
roadway system. The intersection of Decker /Baker today is
working at an acceptable level of service, but enough traffic
would be added to that intersection in the future with no
curb cuts on Fairway so that it would begin to break down.
The amount of congestion would be unacceptable to the majority
of individuals using Decker Drive which would be the reason
that Decker would need to be widened at that intersection.
Again in response to Council, Mr. Zegeer stated that
consideration has been given to requesting a cut on Decker
between Phase I and Phase II development of West Town. He
stated that a number of situations like this have been
analyzed in other areas, Highway 1764 in Texas City, on the
North Belt near Intercontinental Airport; therefore, the
firm is familiar with this kind of situation and the effect
of median crossovers. In the firm's opinion closely spaced
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Minutes of the Regular Meeting - December 10, 1981
median crossovers are not safe and in terms of providing for
the public good, Council would be well advised to limit
closely spaced crossovers. In the firm's opinion, the
volume of traffic leaving the center during evening rush
hour that would desire to make a crossover at this mid -point
and turn left against that southbound traffic would create a
dangerous situation and in fact, would not provide enough
capacity so that they could blend in with the flow of traffic
moving southbound. As a result, the consultants fear the
possibility of traffic backing up across the northbound
lane.
Councilman Cannon pointed out that the same thing would
happen at Fairway.
Mr. Zegeer responded that the reason the same thing
would not happen at Fairway is because of the well -timed
signals that exist today. Traffic signals are located in
certain locations to provide safety. The volume of traffic
today onto and off of Fairway is sufficient to warrant a
signal. There are standards which are used by traffic
engineers to make that determination. The signal at Decker
and Fairway is timed to allow sufficient time for Fairway
traffic to exit safely and this was taken into account by
the consulting engineers with regard to added traffic from
the proposed Phase II development.
In response to what extra traffic and heavier traffic
would do to the condition of Fairway Drive, Mr. Zegeer
explained that the section of Fairway along the south side
of the center could easily handle added flow; however,
whether the street will break up in the future, the engineers
could not say. The section of Fairway Drive along the site
could handle some delivery vehicles.
From questions by Council, Mr. Zegeer established that
there would be internal travel possible between Phase I and
Phase II. The developer is putting in place a driveway
which will connect the two phases in the back where deliveries
are made.
Councilwoman Wilbanks stated that the internal traffic
flow is very significant and was not mentioned in the traffic
consultant's summarization.
Mr. Zegeer stated that the firm has not performed a
detail study of all the aspects of internal flow, but just
looking at it from the beginning based on the plat plans
which his firm has reviewed, the design is basically safe
design which would allow distribution along the driveways so
that everyone is not bunched up at one location.
Councilwoman Wilbanks mentioned that if the traffic is
allowed to flow through, the Baker and Decker intersection
would operate just as it does now as delivery service traveled
on in to Phase II.
Mr. Zegeer responded that it is possible that a number
of delivery vehicles would use the existing access off Baker
to get to the Phase II development, but not all of them will
opt to do that.
Councilman Simmons inquired since the developers have
access to Phase I, why couldn't access from Phase I to Phase
II be utilized without the necessity of access to Fairway?
11210 -17
Minutes of the Regular Meeting - December 10, 1981
Mr. Zegeer suggested that perhaps this could best be
answered as a marketing or from a development standpoint.
He stated that what his firm had attempted to do was to
analyze the truck activity and the demands which are expected
to be generated.
Mr. Davis responded that the Haesly - Kinghorn Partnership
is not the owner of Phase I; therefore, if the owner of
Phase I found that all of the service vehicles were coming
across his property, there may be an objection. Mr. Haesly
developed Phase I and sold it.
Mr. Zegeer in response to Council stated that what the
traffic consultants had used to analyze traffic congestion
was based on peak hours of the day. During the morning rush
hours, the total traffic generated into and out of the Phase
II center will be approximately the same as that generated
into and out of the Phase I center today. During the evening
rush hour, traffic generated at the new center is going to
be somewhere between 10 -15% higher than that which is being
generated at the existing center.
The next person to testify on behalf of the developer
was Mr. Robert C. Postle, registered architect, who has
worked very closely with the City Planning Commission and
various departments of the City of Baytown. Mr. Postle has
been in the architectural field for the past 20 years. He
is currently employed with Archi- Systems Southwest, Inc. and
has been intimately involved in shopping center development,
design and construction. Mr. Postle reported to Council
that in 1979 the project was initially thought about and
designed with a different system than what is currently
shown and what was subsequently submitted for approval. The
first plan had more driveway access to Decker Drive and also
more driveway access to Fairway Drive. On the initial plan,
six driveways were shown onto Decker and four driveways onto
Fairway. The plan was submitted in Feburary, 1980. Preliminary
approval was gained from the City Planning Commission March,
1980. For a number of reasons, the developers did not
pursue the plan, the plan was revised based on certain
requirements which were set forth by governmental authorities
and further studies performed concerning the drainage situation
in the area. Size of pavement was reduced, as well as
certain access sizes. With the new plan, two accesses were
provided to Fairway Drive and all the parking adjacent to
the pavement to Fairway was deleted across the 120 foot
easements along that area, and accesses to Decker Drive were
decreased from six to three. The three driveways were
submitted to the Texas Highway Department and their approval
was gained in February, 1981 After that approval was gained,
the plat was submitted to the City Planning Commission again
for preliminary approval since it was a revised plan time
had elapsed on the original plan. The plan was presented
May, 1981 and preliminary approval was granted by the City
Planning Commission to further proceed with the project as
far as engineering studies were concerned and complete plans
for final submission. This was done and the final plan was
submitted, along with drainage, sanitary sewer, water and
fire lane easements on November 2, 1981. Final approval was
withheld pending resolution of the two driveways to Fairway.
As far as the engineering studies, drainage, sanitary system,
water systems, these were approved by the City Engineering
Department. The drainage and sanitary effluent for this
project flows along an easement behind the apartments to
Baker Road. After the November 2, meeting with the City
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Minutes of the Regular Meeting - December 10, 1981
Planning Commission, the developers attended the next Planning
Commission meeting, November 16 and due to extenuating
circumstances the Planning Commission disapproved the site
plan as presented. At this particular time, the developers
requested and gained approval to proceed with the development
as far as earth, storm drainage systems, and underground
systems which are being installed at the present time on
site. Mr. Postle stated that hopefully Council's decision
will not affect the on -going of the project.
Mr. Davis summarized the facts that he felt were the
basic issues involved in the hearing. He stated that the
basic issue is that it is a fundamental principle of real
property law which has been upheld by the courts. The
majority of decisions in every state in the Union and that
relates to a man's right who owns property to have access to
a public street. The court decisions have been consistent
throughout the United States that when you buy a tract of
land and there is a public thoroughfare that runs along that
tract of land that you have a right to gain access to that
land. The courts have further stated that this right is not
just a mere privilege but it is a property right and an
appurtenant which is a part of the land. Before any govern-
mental entity is permitted to take that right away from the
landowner, he must be paid just compensation for that right.
The courts go on to say that when you have a situation where
a governmental entity will attempt to restrict access of the
property owner to the public thoroughfare, it can only do so
when it is in the public interest where there is a severe
condition that needs to be dealt with. He continued that
the developers' case has been presented on fact, not emotion.
Information had been presented establishing that not only
will it cause severe economic hardships to John Haesly and
his partner if access to Fairway Drive is denied, but the
loan will be put into default. Mr. Haesly has construction
contracts that are underway now because he relied in good
faith on preliminary approval. In May, whenever this approval
was granted, access to Fairway Drive was approved. Now, he
is caught in this dilemma with an $8,000,000 loan which he
has personally signed. Mr. Haesly has been denied access
when evidence has been presented from an expert, independent
traffic consultant that it will actually cause additional
load and congestion at the intersection of Decker /Baker
unless access to Fairway (curb cuts) are approved for the
second phase of the development. Further information was
presented that there will be no pedestrian /vehicular conflict
for the school and that the level of additional traffic that
would be added to Fairway would be an acceptable level. For
these reasons, Council was urged by Mr. Davis to vote to
overrule the Planning Commission's decision to deny permit
to move forward on this development and to deny access to
Fairway.
Council inquired if Mr. Haesly or his attorney had been
in contact with TG &Y to determine if they would renege on
the agreement or if there is any evidence of that fact.
Mr. Davis responded that TG &Y had not been contacted
because until this hearing was resolved the partnership
didn't want to bring this matter to anybody's attention.
Mr. Davis stated that if Council turned down the plat and
denied the development from going forward with construction,
the developer would be in immediate default with the construction
lender. Mr. Davis emphasized that the Planning Commission
had reversed its previous decision to approve the project.
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Minutes of the Regular Meeting - December 10, 1981
The developer had received final approval subject to
resolution as to how many curb cuts had been granted on
Fairway, but at a subsequent appearance before the Planning
Commission the Commission voted to deny the entire project.
For this reason, the developer is appealing to City Council.
Mr. Davis stated that he had some serious concerns whether
TG &Y would ratify their lease without the curb cuts on
Fairway. The lease was entered into based on preliminary
plat approval which showed the curb cuts on Fairway.
In response to an inquiry from Mayor Hutto regarding
whether an effort had been made on the part of the developer
in the interim period between approval of the Planning
Commission subject to resolve of the curb cuts controversy
and final disapproval to resolve the matter, Mr. Davis
stated that the developer tried to negotiate. Also, Mr.
Davis stated that all governmental regulations had been met
and that the only problem with approval of the plat was the
curb cuts on Fairway Drive, other than that there were no
problems with the plat.
In response to Mayor Hutto's inquiry if there was room
for a compromise on the curb cuts, Mr. Davis stated that he
felt that there was none because of the difficulty of develop-
ing the project without access to Fairway. He stated an
example that McDonald's would not take a lease in the front
part of the property without access. The developer would
have to go to TG &Y to solicit their approval and without
that accessibility, there is a real question whether TG &Y
will ratify the agreement.
Councilwoman Wilbanks suggested that the developers
could explore the possibility of contracting with the owners
of Phase I to obtain access. Mr. Davis stated at this point
that possibility had not been explored.
Leon Cox, member of Baytown Planning Commission, was
recognized by Mayor Hutto. Mr. Cox verified that the Planning
Commission did refuse approval for Phase II, West Town
Shopping Center. He verified that on November 2, the
developers were given final approval subject to the two curb
cuts. The reason this was done was to give the developers a
couple weeks to work with the people in the subdivision to
reach some type compromise. He stated that the developers
have met every engineering standard that has been requested
of them. They have met all of the provisions of the various
codes and they should not be denied their rights. However,
the Planning Commission did turn the plat down because of
the problem with the curb cuts with the possibility of
having 18 wheelers on Fairway Drive. Mr. Cox stated that he
felt that the project should be approved and that a compromise
should be worked out so that one -way access is provided the
developer to Fairway Drive. Mr. Cox felt that this could be
worked out if the people of the subdivision would work with
the developer. Mr. Cox stated that he felt that Council
should give approval for the developer to continue with the
project, but with some type compromises as far as entrance
to and exit from Fairway Drive.
Mayor Hutto requested that the City Manager read a
letter from Superintendent Johnny Clark, Goose Creek Consolidated
Independent School District, regarding this matter. That
letter is attached to the minutes as Attachment "D."
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Minutes of the Regular Meeting - December 10, 1981
Mr. Ken Bartz, 4800 Country Club View, was recognized
by Mayor Hutto. Mr. Bartz presented a petition from the
Country Club Civic Association with 465 signatures, opposing
curb cuts on Fairway Drive (a copy of said petition is on
file in the City Clerk's Office).
Mr. Bartz stated that he had no experts to testify.
The only persons he had to witness were residents of the
area. Mr.. Bartz stressed that the residents want to protect
the neighborhood and maintain the value of the neighborhood.
Ultimately, the residents want to assure the safety of the
neighborhood. Mr. Bartz stated that he did not question the
credentials of the traffic expert or the data, but he did
request that Council review the data very carefully. He
pointed out that the survey was taken during the last two
weeks of which one was Thanksgiving holidays. He inquired
if this week would be representative of a usual amount of
traffic on Fairway with the holiday and hunting season in
progress. He stated that the consultant had not produced
any figures as to what the traffic flow is. The traffic on
Fairway Drive in a 1978 survey was something close to 10,000
cars a day. Would the figures that the traffic consultants
presented substantiate that?
Mr. Bartz stated that the representatives of the subdivision
have had four meetings with the developers of this particular
shopping center. The Country Club Oaks Civic Association
has been interested in the curb cuts on Fairway Drive since
sometime in the spring, 1980. It was clear at that particular
time that the association opposed these curb cuts. An
agreement was reached that the developers would not proceed
further until making further contact with the association.
The developer then went from 1980 to 1981 and with no further
contact with representatives of the association, the developers
requests approval from the Planning Commission. During the
summer months, the association had a change in officers and
contact with the developer was overlooked. As soon as the
association discovered that approval for the development was
being sought, representatives of the association appeared
before the Planning Commission to secure a delay. The
Planning Commission granted a delay subject to meeting with
the developers to resolve problems regarding curb cuts. A
meeting of the association and developers was held but no
compromise was reached. At the next meeting of the association,
the developers were present and again the association explained
its point of view - -the safety of children, increased.traffic
and the fact that the large trucks will tear up the roadbed.
The association felt that if one truck were to see that the
route was being utilized others would follow suit. At this
meeting with the association, the developer said that he
must have the curb cuts with what the association could see
as no real justification. The association felt that in this
particular center between Phase I and Phase II there are
interconnecting roads with ways to get trucks into the
center and out. The association proposed an alternative
where trucks could get in and out without any real additional
costs. However, the developer found this to be unacceptable
which resulted in the developers and the association appearing
before the Planning Commission a second time. At that time
one of the things that the Planning Commission wanted was
the alternate solution to curb cuts on Fairway. The association
kept inquiring where was the crushing need for the two curb
cuts onto Fairway. At that time it was discovered that
apparently there exists a letter to the stores that are
11210 -21
Minutes of the Regular Meeting - December 10, 1981
going to occupy that site that access to Fairway Drive would
be available for the convenience of Country Club Subdivision.
Yet, for one year ahead of that and consistently, the developers
have been told the people of the subdivision do not want the
curb cuts.
Mr. Bartz submitted that it is obvious that there is a
common boundary between the two phases, yet the developer is
speaking of his rights. What about the rights of the people
who reside in the subdivision? The people who reside there
have helped to develop that area. They are the people who
own that land and who contribute to it. They are the people
who have always attempted to beautify that area and keep it
good. The people who reside there are law abiding citizens.
The developer has not performed any work on that land for 2-
3 years. Now, he comes in and begins to talk about his
rights. He does have rights. If he did not have access to
any major roads, that would be different, but look at that
site, two - thirds of the developers' land has access to roads
that are four lanes. Now, the developer is looking at
Fairway and saying that he should have access. The question
is why? Could it be because of that letter? In the spirit
of compromise, the association has offered to go to TG &Y, to
write a letter saying that the developer is in a bind
because of this and that the people in Country Club Oaks
(800 families) are willing to suffer the inconvenience to go
around to enter the subdivision. The people are willing to
do this in order to maintain Fairway Drive as it was originally
intended as a residential road that is safe for the area
with a school nearby.
Mr. Bartz ended his presentation by pleading with
Council to join the association, the superintendent of the
school system and the Planning Commission and refuse this
request for curb cuts. He requested to have three more
people of the organization recognized.
In response to an inquiry from Council regarding
possible compromise, Mr. Bartz explained that none of the
stores front Fairway Drive and if the design is considered,
there is a U- shaped curve so that one of the entrances could
be used for truck traffic and have a turn around for the
trucks to come right back. Mr. Bartz emphasized that upon
being questioned by the Planning Commission concerning the
common boundary between the two phases, the developers
responses have always been vague. He also mentioned the
fact that the developer has been preparing the site which
seems strange if indeed his borrowing is in jeopardy.
Mayor Hutto recognized Dennis Caputo, resident of
Country Club Oaks and former Vice - President of Country Club
Oaks Civic Association. Mr. Caputo mentioned that he felt
the main concern should be the safety of the children in the
community. Mr. Caputo requested that the memorandum from
Dr. Bartz to the Mayor and Council be included as part of
the minutes. That memorandum is included as Attachment "E."
Air. Caputo stated that before the Planning Commission
Mr. Haesly had testified that they did have right of way
across Phase I and Phase II. He also pointed out that the
traffic study which was performed was done in two weeks
during a time when there was much rain in Baytown. How many
children did not walk to school because of the rain? Another
interesting point was that the count was taken during a time
when there were no sports activities being conducted. There
are a number of children who utilize the playground after
11210 -22
Minutes of the Regular Meeting - December 10, 1981
school hours. As a matter of fact, the civic association
was so concerned that the traffic commission was petitioned
to place no parking signs along Fairway Drive. The traffic
consultants seemed to have missed this fact. Another point
that seemed to have been overlooked in the study was that in
Baytown, there are a great number of shift workers which one
shift is changed at 3:00 p.m. Yet, the consultants did not
indicate a peak load on Fairway Drive at 3 :00 p.m. Another
point of the report questioned by Mr. Caputo was that opening
of the shopping center would not impact school traffic
because the children would be going to school between 8 :00
a.m. and 8:15 a.m. What time will the shopping center
personnel be traveling to work? He also mentioned the
traffic consultants statement that there is a significant
traffic problem and the suggestion that one way to alleviate
that problem is to turn some of this traffic onto Fairway
Drive. The traffic study did not speak to internal traffic
flow within the two phases. He stated the study may be
excellent as far as it went, but he doubted whether the
study was carried far enough. With regard to the terminology
"acceptable risk," Mr. Caputo submitted that with regard to
the safety of the children of the area, what is an acceptable
risk? Especially, since the report did not speak to the
fact that the school ground is utilized as a playground.
Mr. Caputo requested that Council take special note
in its decision for the safety of the children. He pointed
out the fact that the developer had already indicated to the
Planning Commission that he has or would have nine major
accesses /exits to the shopping center which fronts on two
major highways. The developer has indicated that he desires
to put in the curb cuts on Fairway Drive for the convenience
of Country Club Oaks residents. The petition speaks to what
the residents feel about the convenience of curb cuts on
Fairway. The developer would put commercial vehicles on
Fairway Drive which street is not designed to handle such
vehicles. The developer has not addressed safety this
evening. The developer is interested in convenience for his
tenants. Mr. Caputo ended his presentation by reminding
Council that its first and foremost responsibility is to
provide for the safety of the citizens of Baytown.
Mayor Hutto recognized John McGill, 5112 Arrowhead
Drive, who stated that he had the distinction of residing
directly on Fairway Drive. More pointedly in this case, Per.
McGill resides directly across from Pumphrey School which
makes him more knowledgable in terms of making certain
observations. One of the areas not covered that concerns
Mr. McGill is that the traffic counts were made during busy
times of the day. However, an area that was not covered is
after dark when Fairway is utilized as a drag strip on
occasion. Living directly across from the school, Mr.
McGill questioned to some extent that a maximum of 60 children
cross that street on a daily basis with an enrollment of
several hundred in the school He stated that those who live
in the area are concerned about property values based on the
impact of this development. He stated that the curb cuts on
Fairway Drive would mean additional traffic on Fairway Drive
which would only detract from property values and from the
peace and tranquility that the residents of the subdivision
would like to enjoy. Personally, he stated that he is
unequivocally opposed to increasing the traffic by one
additional car if if could be avoided. He stated that he
does not want to avoid progress. This country is based on
free enterprise which the developers represent as well as
the residents of the subdivision. However, when a great
11210 -23
Minutes of the Regular Meeting - December 10, 1981
number of people are involved as in this particular case,
these people deserve to be heard and to be strongly taken
into consideration. The residents of the subdivision do
feel a definite threat from a number of standpoints whether
that be property values, life of children or the peace and
quiet of the subdivision.
Mayor Hutto recognized Joe Floyd, 5100 Arrowhead, which
is four houses down from Fairway Drive. Mr. Floyd stated
that he could only second what the two gentlemen before him
had stated. He stated that he has had two children who have
attended Pumphrey:School and on his block along in years
past there were six children who walked to school. He
mentioned that he has a daughter who will be attending
Pumphrey several years from now and it concerns him that she
will have to walk across Fairway Drive with the increased
traffic. Mr. Floyd stated that although he is not an expert,
every morning and each evening on the way home, he observes
that Fairway is a heavily traveled street already which is
difficult to get onto. Mr. Floyd stated that there are
approximately 100 homes within one block of Fairway Drive.
Some of these homes have drivways which back out onto Fairway
and any increase in traffic along Fairway will cause these
residents considerable problems in that regard and almost
without a doubt will have a drastic effect on property
values. This will certainly be the case for those who live
on Fairway and probably will have a domino effect on down
the street into the subdivision. He could not say exactly
the value that would be represented, but indicated that
Council could see that the residents also have a sizeable
amount of value to consider. The homes which are owned in
Country Club Oaks are major investments for most of the
residents and when you are talking about loss of property
values, this is a significant blow to the residents' net
worth. He emphasized that property values are not anywhere
near as important as the safety of the children. The safety
of the children is uppermost. Mr. Floyd requested that
Council uphold the denial of the Baytown Planning Commission
for approval of the development based on the curb cuts on
Fairway Drive.
Mayor Hutto inquired of Mr. Bartz if he felt that there
is a middle ground that could be reached to resolve this
matter.
Mr. Bartz responded that at this point the civic association
feels that they are opposed to any curb cuts on Fairway
Drive because of the positions stated to Council. Mr. Bartz
stated the situation is that there is a common boundary
(Fairway Drive) between the development and the subdivision.
The residents of the subdivision welcome progress, but in
this particular case there is no spirit of give and take.
There are no laws to protect this boundary to make it safe
for the children, or provide an economical boundary to allow
for conduct of business or to protect the beauty of the
residential area. Mr. Bartz stated that the residents of
Country Club Oaks feel that that can be in this particular
case and further more the residents strongly believe that
that can be had without curb cuts. It would take a little
bit of give on the part of the developer. Mr. Bartz stated
that the association has met with the developers and the
association feels that the developers feel that they do not
need to compromise with the people of the subdivision. The
11210 -24
Minutes of the Regular Meeting - December 10, 1981
people of the subdivision are not against this development.
The assocation has taken the position that the developers
case for curb cuts is extremely weak. The association is
willing to help the developers by meeting with the tenants
and tell those tenants that the residents will patronize
those stores. If the development were in place and Country
Club refused to patronize the stores, the center would be in
trouble. The residents of Country Club do not want to do
that now, nor will they want to do that in the future.
Mr. Bartz ended by saying that if there were to be a
meeting right now the postions have polarized and the group
would say no compromise. However, he further stated that if
the developer would indicate a genuine interest in resolving
the problem, there could be committees of the association
form to suggest alternatives and attempt a compromise. Mr.
Bartz did emphasize that the developer would have to show
good faith in this endeavor.
Mayor Hutto inquired if Mr. Davis had any rebuttal or
further testimony.
Mr. Davis stated that the intent of the developers was
to submit facts to aid in Council's decision making and if
there were additional questions that Council would like to
ask the developers or their representatives to please feel
free to do so.
Mr. Haesly stated in response to a suggestion from
Council that he discuss the matter with TG &Y that he had
contact TG &Y and there is obsolutely no question that the
lease document currently in existence with TG &Y is totally
conditioned on access off Fairway Drive. Mr. Haesly further
responded that the developers had received a pledge from
TG &Y to do certain things over a long -term lease which base
became an integral part of the financing on the program.
Therefore, if Mr. IIaesly were forced to go back and renegotiate
all the leases, this will affect the projected income stream
of the property which will then in turn affect the willingness
of the people from whom the money was borrowed to continue
lending the money under the conditions of the docoments in
existence. Currently, Mr. Haesly has borrowed approximately
$2,000,000 of the proposed $8,000,000 that will be invested
here. Frankly, the rate of interest at which this money was
secured is 2.50 points over prime which is somewhere close
to 18a. Therefore, on an annual basis if this development
is stopped at this time, there is a $2,000,000 debt to
service which is $360,000 per year or $1,000 per day. If he
were to go back now to attempt to renegotiate major leases
with 7 -8 tenants bearing in mind it took 21 months to get to
this point, it would cost in excess of $500,000. He felt
that he would never make it to that point because his lenders
would foreclose on the property. He would be in default of
his loan. Ile has a projected loan development period of
twenty -four months which is in its 6 -7 month. Therefore, he
has approximately eighteen months to complete the project.
In response to an inquiry from Council as to the reason
Mr. Haesly began without final approval, Mr. IIaesly explained
that it is a very common practice in the industry. There
were no indications given that there would be no access to
Fairway Drive. Preliminary plans were approved. At one
time in the development process, access rights were approved
on Fairway Drive which involved four drives. Since that
time the drives have been reduced to two with all parking
off Fairway Drive removed and that area will now be dedicated
as a landscapped area. The closest building to Fairway
Drive is about 120 to 130 feet away.
11210 -25
Minutes of the Regular Meeting - December 10, 1981
The next point raised by Council was if the buildings
are going to be 120 to 130 feet away, why not have an access
road back there to service the backs of the stores?
Mr. Zegeer responded that the truck service and other
deliveries most of which are the smaller vehicles could use
any of the driveways into and out of the center. However,
it is common practice in the industry to attempt to separate
delivery vehicles from private automobiles, both patrons and
employees for safety reasons. If a drive was provided off
Decker, the delivery vehicles then have to get to the back
of the center. The site would be changed in such a way so
that distance between the vehicles and separation of the
vehicles could not be provided on the site. With the proposed
development that would not be a workable system from a
traffic standpoint. Mr. Zegeer stated that he could sit
down with Council and explain the problem in detail, but it
was very difficult to do so without the dimensions and
turning radii.
Councilman Johnson stated that he felt that some sort
of compromise could be reached and there was no point in
further discussion.
Mayor Hutto called a ten - minute recess.
When the meeting resumed, Councilman Philips moved that
Council adopt the motion to concur with Planning Commission's
decision in approving the development plans with the exception
that no cuts be allowed on Fairway Drive. This is in recog-
nition of the strong emphasis which has been made on the
safety of children and residents in the addition, the threat
to property values, the fact that orderly growth and the
quality of life is a serious factor. Also, it is evident
that the property is accessible to both the west and the
south and therefore, there is adequate access. Councilman
Johnson seconded the motion.
Councilwoman Wilbanks inquired upon final action of
Council if it would be necessary for the developers to
resubmit a plat if Council approved changes.
The City Attorney responded that the best way to proceed
would be for the developers to resubmit a plat with the
amendment shown which would allow the developers to continue
with the project and would leave them free to file any
appellate action. If no final plat is filed, no building
permits will be issued. Therefore, the developers really do
need to resubmit an amended plat. The City Attorney clarified
further that what Council is proposing is to approve a plat
with those changes on it and all the developers need to do
is to submit the instrument so the city will have it in the
records because if Council votes for the motion, the plat is
being approved with the changes.
Councilwoman Wilbanks surmised that in effect, the plat
will not go back to the Planning Commission, but it will be
a matter of record that the developers submit it to the
city. The City Attorney responded in the affirmative. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
11210 -26
Minutes of the Regular Meeting - December 10, 1981
Report from Committee appointed by Council - November 24,
1981
Councilman Johnson reported as follows:
"Mayor Hutto, members of the City Council, citizens of
Baytown, I would like to submit a report from the Committee
appointed by our meeting on November 24, to promote better
communications between the City of Baytown and its Hispanic
community.
This committee was formed because of misrepresentation
of Mexican culture, and the crime rate of illegal aliens in
Baytown. After three meetings of this committee comprised
of Police Chief Bo Turner, Assistant Police Chief Wayne
Henscey, Assistant City Manager Larry Patterson, Ms. Dene
Vara, Ms. Hilda Martinez, Ms. Janie Pequeno, Mr. Sam Montemayor
and myself, we feel the following facts should be stated.
First, and perhaps foremost, members of this committee
and the citizens of Baytown be they white, brown or black,
share an American culture, though our individual orientations
and /or socialization may differ. Ethnic cultures do not
promote crime.
In Mexico or here in Baytown, working women are respected
members and professionals of their communities. There are
no statistics or text that indicate that in Mexican culture
working women are considered prostitutes.
Though all crime is a problem to the City of Baytown,
the crime rate by illegal aliens in the crime categories of
murder, attempted rape and drug dealing represent a minute
portion of those crimes.
Mr. Mayor, members of the Council, this committee in
meeting hopes that by sharing this information we have
promoted a better understanding and unity between all citizens
of this community. Though the plight of the illegal alien
is one which generates mixed feelings, hopefully we will all
come to see these individuals as human beings with human
strengths and frailties."
Mayor Hutto, as Mayor of Baytown, thanked the committee
for the manner in which the assignment was undertaken.
Councilman Johnson responded that he too wanted to
concur with Mayor Hutto and stated that the committee had
some very productive meetings and that he really did enjoy
getting to know and work with these people.
Hilda Martinez Will Appear
Isis. Hilda Martinez stated that she has resided in
Baytown for 29 years and that she was present, not only as
spokesperson for the coalition, but also for herself. She
stated that when she first addressed Council regarding a
matter of serious concern to her and the coalition, events
took place which they did not anticipate. Looking back and
working with the committee has just made the Mexican- American
community more aware of the importance of their obligations
and privilege to participate in city government. In the
future, there will be more participation from the group and
the group plans to be very active in future elections.
11210 -27
Minutes of the Regular Meeting - December 10, 1981
Ms. Martinez expressed her appreciation to Councilwoman
Wilbanks and Councilman Johnson for their involvement and
responsiveness.
The coalition will be an organized group by the beginning
of 1982 which group will continue efforts for better under-
standing, closer communications and involvement in the
community and city government.
Ms. Martinez ended her presentation by inviting City
Council and all those present to the season's first posada
which the Mexican - American Women's Club is sponsoring. The
posada will be held Wednesday, December 16 at 7:00 p.m. at
the Bicentennial Park.
Ms. Janie Pequeno Will Appear
Ms. Janie Pequeno is a member of the Coalition of
Concerned Citizens, but appeared at this particular time in
her own behalf to express her views. She thanked Councilwoman
Wilbanks for expressing interest in the cause of the coalition,
in that she was the Council person who took the first step
so that the committee could be formed and begin its task of
promoting better communication. Also Pis. Pequeno stated
that Councilman Johnson who was on the citizens committee
acted as a true representative of the people. He understood
and was willing to expend his time and efforts to help
resolve the problem. He conducted himself in a calm, patient
manner which are qualities which should be possessed by
those running the city's government.
Ms. Pequeno stated that the findings of the committee
by no means have settled all the misconceptions of the
Hispanic community. Only one has been resolved--misrepre-
sentation of Mexican culture. No longer will the Hispanic
community remain dormant when problems arise. Through the
coalition the Hispanic community now has a voice.
Ms. Dene Vara Will Appear
Ms. Dene Vara appeared as representative of the Coalition
of Concerned Citizens, as well as herself. Ms. Vera stated
that in the last month and one -half the concerned Hispanics
of the city came upon a situation that they felt was of
vital importance. They felt that it needed to be dealt with
quickly and in a professional manner. Upon bringing that
problem to Council, the group felt that by appearing a
second time, the Council felt that the group was abusing its
privilege to appear before the Council. The group feels
that the reason the problem has existed for so long without
being resolved is not the fault of the Coalition, but the
fault of the Council, the Mayor, City Manager and the Baytown
Chief of Police, who the Coalition feels attempted to cover
up the Chief's carelessness and irresponsibility by not
trying to deal with this in a public and professional manner.
Ms. Vara stated that the Coalition feels that the Chief's
statements were completely personal and they feel that
biased unsubstantiated statements such as those should not
be made by important members of the city government. Council
is elected to represent the concerns of all the citizens of
Baytown and should not single out any one group.
Ms. Vara thanked those individuals who acted as responsible
public servants in hearing the issues of Baytown's Hispanic
citizens. In particular, Ms. Vara thanked Councilwoman
11210 -28
Minutes of the Regular Meeting - December 10, 1981
Wilbanks who took the initiative at the last Council meeting
and responded to the coalition's request for recognition.
By taking this initiative, Councilwoman Wilbanks helped
establish a committee to determine the true facts of these
issues and settle any misunderstandings of public servants
toward the Hispanic community. Through this committee there
has been a beginning of understanding towards these issues
and many more. Councilman Johnson, Larry Patterson and
Assistant Chief Henscey did a tremendous job in helping to
achieve this. Ms. Vara also thanked Councilman Philips for
going on record at the last Council meeting on behalf of the
coalition.
Ms. Vara stated that the coalition and herself have
become aware of policies and procedures for participating in
City Council meetings. She stated that she has made the
effort to bridge any cultural differences and challenged
Council to do the same. Ms. Vara stated that she is a life-
long resident of Baytown and that she has never felt any kind
of division between the Hispanic community and the non- Hispanic
community. She stated that she feels Baytown is a fine town
where children can be reared to be healthy and responsible adults.
Its. Vara closed her statements by saying that while the
committee may be terminiated, the coalition is not terminated.
Many Hispanic men and women will be working to register Hispanics
to become active voters. She emphasized that if Council refused
the coalition their rights to come to the Council with their
opinions and problems to be dealt with in a fair manner, they will
make full use of those rights at the polls on election day.
Sam Montemayor Will Appear
Mr. Sam Montemayor thanked Ms. Martinez, Ms. nequeno
and GIs. Vara for their stand on these issues. Mr. Montemayor
stated that the findings of the committee are before Council,
but the question is what are you, as elected officials going
to do with these findings? Will the matter be pursued to
make certain that no present or future Baytown City employee
makes such unsupported accusations and unjustified derogatory
remarks? Will there not be consequences to suffer by those
who of their own choosing, unsupported by fact, unjustly
degrade and verbally rape people in the community or will
you file the committee report away never to be seen again?
If the latter is true, then ladies and gentlemen, probably
the coalition will be back in these chambers with the same
problem very soon.
Mayor Hutto stated that just a few weeks ago several
differences of opinion seemed to exist between the city and
the city's Hispanic citizens, but because of the coalition's
efforts and the input from coalition members as concerned
citizens, those differences have either been resolved or
there has been created a vital communication process that
will help all to resolve differences that might be encountered
in the future. Again, Mayor Hutto thanked the group for its
efforts as a committee.
Councilwoman Wilbanks stated that she personally appreciated
the kind support in mentioning her name in the comments made
before Council, but it was the efforts on the part of the
coalition which brought results. She encouraged the group
to continue that participation. She stated that she happened
to be the one to respond on this issue, but there are seven
persons seated on Council with each tuning in on different
needs of different people and it works when everyone works
together; therefore, the coalition's part is very significant
in that process.
11210 -29
Minutes of the Regular Meeting - December 10, 1981
Councilman Philips stated that he felt this to be an
unusual occasion and he wanted to reflect that Councilwoman
Wilbanks has said that maybe sometimes citizens feel that
Council is not responding as it should. However, Council
works as a team and sometimes they really don't know what to
do and time is their best friend, not that Council is trying
to put anyone off, it's just that Council is hoping that
something will percolate out and the best decision will come
up.
Councilman Philips stated that Refugio Martinez and his
efforts to bring the cleanup program into focus was great.
The coalition brought another problem to Council and Council
responded. He stated that he hoped that the group did not
feel that they could not come to Council with a problem.
Councilman Johnson thanked the group for their kind
remarks concerning his participation.
Consider Proposed Resolution No. 799, Approving Petition
to City of Baytown for Annexation of Land to Lake Municipal
Utilitiy District
The Administration has received a request from the
developer of Lake Municipal Utility District to annex a
parcel of land adjacent to the district. In as much as that
parcel is in Baytown extraterritorial jurisdiction, another
city or water district cannot annex without Baytown's approval.
If Baytown gives its approval, however, Baytown would not be
able to annex this small parcel in the future unless the
entire district is annexed. The disadvantages to Baytown
are that not only would the property itself not be included
on the tax roll, but there would be no sales tax revenues
from any development on the property. There could be other
cases of property along IH -10 which utility districts may
want to annex; therefore, what Council determines with this
parcel could establish a precedent.
In response to an inquiry from Council, Norman Dykes,
Director of Public Works /City Engineer, stated that the city
can provide water service to the parcel and sewer service
would be available on the south side or the city could
contract with the MUD to provide service.
Mr. Lanham in response to an inquiry from Council
stated that the owners of the parcel do have the right to be
annexed by the city if they so desire.
Mr. Lanham suggested that the Administration could
inform the owners of the parcel that Council's thought is
that the City may want to annex that parcel in the future.
Council had no objection.
Councilman Philips requested that the Administration
develop some of the details of this situation. What are the
advantages and disadvantages? Mr. Lanham stated that the
Administration would report back to Council.
11210 -30
Minutes of the Regular Meeting - December 10, 1981
Consider Shift Structure Change for Members of the Fire
Suppression Division
In the preface the Administration indicated that the
City Administration, along with the fire department has
researched shift structures of various fire departments of
the state which research indicates that a majority of the
fire department in cities of above 10,000 have a shift
structure that provides for 24 hours on duty followed by 48
hours off duty. Of the cities surveyed, about 90% have that
type arrangement. The Baytown Fire Department held an
election and has indicated by a majority vote of about 61%
that they would favor this type arrangement over the present
arrangement which is three twelve hour days and three twelve
hour nights with three days off. Of those voting, about 34%
opposed the change and about 5% had no preference. The
Administration feels that this type arrangement would not
result in reduction of the quality of service and the Administration
recommended approval of the shift change for members of the
fire suppression division. The shift structure would be 24
hours on with 48 hours off. The shift change would be at
7:00 a.m. which is what it is now. Regarding sick leave,
vacation, holiday usage and accural, one shift would be
equivalent to two days which would represent no change. The
change in shift structure would become effective January 1,
1982.
Councilman Simmons inquired since this was an Administrative
function, would this really require Council action?
Mr. Lanham responded that in a change of this magnitude,
the Administration would like to have Council approval. He
mentioned that several years ago when a change was made for
some of the public works staff to work a four day week,
Council was asked to approve that change.
Councilman Simmons moved to accept the Administration's
recommendation; Councilman Johnson seconded the motion.
In response to Council inquiry, Mr. Lanham stated that
the advantage of this shift structure is that travel time is
reduced and the amount of travel. The change will not
decrease nor increase manning or hours. However, the structure
does group hours so that a man will never work both Saturday
and Sunday and every third weekend the fireman will have the
entire weekend off. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consider Selection of Consulting Engineers and Architects
for 1981 Capital Improvements Program
Mr. Lanham mentioned that Council in its work session
had decided to delay the appointment of an architect, but
had agreed to name engineers.
Councilman Philips moved to award the water tower work
to Bovay Engineering and other water line projects to Wayne
Smith, roads, parks and drainage to Busch, Hutchison and
sewers to Langford Engineering. Mr. Lanham mentioned that
these awards will not include some of the small sewer and
11210 -31
Minutes of the Regular Meeting - December 10, 1981
water line projects that city crews may perform and would be
subject to the Administration bringing contracts back to
Council for consideration. Council concurred. Councilman
Fuller seconded the motion. The vote follows:
Ayes: Council members
Wilbanks, Fuller
Mayor Hutto
Nays: None
Philips, Johnson, Simmons,
and Cannon
Consider Amending 1981 Capital Improvements Priority
List - -Water Line Improvements
In July, when Council approved priority list for improve-
ments under the bond program voted in June, the water lines
in Craigmont /Ponderosa area were to be changed out in the
third year. However, since that time numerous water breaks
have been experienced. Within the last six months there
have been 13 breaks on Lorraine; 10 on Hemlock; 8 on Crestmont
and 8 on Craigmont. The Administration is recommending that
Council move the water lines in Craigmont /Ponderosa from the
third year to the first year and that Wayne Smith be autho-
rized to begin work on this. Funds need to be included in
the next bond sale for this project.
Councilman Fuller moved to accept the recommendation of
the Administration; Councilwoman Wilbanks seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consent Agenda
Mayor Hutto reminded Council that unless Council desired
to remove an item from the consent agenda, Council would
consider the entire consent agenda as one item. Mr. Lanham
requested that Item "h" be deleted from the consent agenda
since there was an error in bid specifications. As indicated
in the preface, the Administration is recommending that "i"
be rejected since only one bid was received and that bid was
over budget. Item "k" was incomplete at the time the preface
information was forwarded to Council. Tabulation was furnished
each Council member on which recommendations of the Administration
were circled. On Item 1, the low bidder is Carlon Meter
Company and they do not meet specifications. The Administration
recommended the next low bidder, Neptune Water Meter be
awarded Item 1. The same is true on Item 2, the low bidder
does not meet specifications and the Administration recommended
Neptune. Items 3 & 4, low bidder does not meet specifications;
therefore, the Administration is recommending the next low
bidder, Carlon Meter Company. Rockwell International is low
bidder and is being recommended for Items 5 & 6. Item 7,
the low bidder is Rohan Company but their bid does meet
specifications. Items 8, 9 & 10, low bidder or best bidder
is Neptune. Item 9 reflects that Neptune is not low bidder;
however, experience with the low bidder, Hersey Products has
been poor. There has been difficulty getting delivery.
Therefore, the Administration is recommending the next low
bidder, Neptune. Item 11, Rohan is the low bidder. On
11210 -32
Minutes of the Regular Meeting - December 10, 1981
Items 12, 13 and 14, Utility Supply is being recommended.
Again, Item 14 is another case where Hersey is low and the
Administration is recommending that the bid be awarded to
Utility Supply the lowest and best bidder. Those are the
recommendations of the Administration.
Mayor Hutto voiced his opposition to Item "a." He
stated that he did not see how Council could justify charging
this $5.00 fee for that particular service. Mayor Hutto
stated that if anyone would be interested in making a motion
to remove this item from the consent agenda, he would vote
against it and if not, then he would support the consent
agenda.
Mr. Lanham explained that the fee for death records is
set by law, but on birth records it is not. All the charges
are consistent with what the state is charging.
In response to Council inquiry regarding the office
estimates on "d" and "e," Bill Cornelius, Director of Planning
and Traffic, explained that the employee now performing this
task is new and was therefore, off on his estimates.
The City of Baytown was unable to participate in the H-
GAC purchasing program on the police vehicles because Baytown
would not have been allowed to establish specifications
needed for cars to be utilized in Baytown.
The consent agenda was considered as follows with the
exception of Item "h" which was withdrawn by the Administration:
a. Proposed Ordinance No. 11210 -4, will amend Article
VI, "Administrative Fees and Charges" of the Code
of Ordinances to provide a new fee schedule for
certified copies of birth and death records.
Presently the City charges three (3) dollars for
the first copy of each certificate and one (1)
dollar for each additional copy. The fee has been
in effect since January 1978. The new fee structure
will charge five (5) dollars per copy for birth
certificates, five (5) dollars for the first copy
of a death certificate, and two (2) dollars for
each copy thereafter, and five (5) dollars for
each search of the files where a certificate of
birth or death is not found or a certified copy if
not made. This structure is consistent with that
of the State of Texas. This will be effective
January 1982.
We recommend approval of Ordinance No. 11210 -4.
b. Proposed Ordinance No. 11210 -5, will authorize the
final payment for the construction of the Raccoon
Drive Lift Station. The original contract was for
the sum of $385,080.00. Two (2) change orders
were authorized in the amount of $4,104.93 bringing
the adjusted contract to $389,184.93. The work to
date comes to $389,085.93 representing an underrun
of $99.00. Tidal Construction has received payment
of $368,699.68 bringing the amount of the final
payment to $20,386.25.
We recommend the final payment of $20,386.25 be
paid to Tidal Construction, Inc.
11210 -33
Minutes of the Regular Meeting - December 10, 1981
C. Proposed Ordinance No. 11210 -6, will authorize the
final payment for repair, sandblasting, and painting
of Cedar Bayou Water Tower to Ore International.
Ore International bid to sandblast and paint the
interior and exterior of the tower at a cost of
$11,750. They also bid to weld all pits found in
the steel structure for $1.15 per square inch. We
estimated for bid purposes 5,000 square inches to
be welded. After sandblasting many more pits were
uncovered bringing the total welding necessary to
19,750 square inches. Some seam welding was also
necessary which costs $700. Total costs for these
items is $35,162.50. A total of $56,027 is
available in the 1980 -81 ($26,027 encumbrance) and
1981 -82 ($30,000) budgets for repair and painting
of the water towers.
We recommend the first and final payment be paid
to Ore International.
d. Proposed Ordinance No. 11210 -7, will award the
rehabilitation contract for 1111 Turner. Five (5)
bids were received. There was one no -bid. Prosper
Brothers Construction submitted the low bid of
$5,800.
We recommend the low bidder, Prosper Brothers Con-
struction, be awarded this contract.
e. Proposed Ordinance No. 11210 -8, will award the
rehabilitation contract for 217 Miriam. Six (6)
bids were received. Prosper Brothers Construction
submitted the low bid of $5,000.00.
We recommend the low bidder, Prosper Brothers
Construction, be awarded this contract.
f. Proposed Ordinance No. 11210 -9, will award the low
bid for the purchase of twenty -one (21) Police
vehicles. Five (5) bids were received. River
Oaks Chrysler Plymouth submitted the low bid of
$179,085.06 ($8,527.86 per unit) with a delivery
date of 120 days. The amount budgeted for this
purchase was $198,000.
We recommend the low bidder, River Oaks Chrysler
Plymouth, be awarded this contract.
g. Proposed Ordinance No. 11210 -10 will award the bid
for the purchase of two 1/2 ton pickup trucks for
Public Works and Parks Departments. Three (3)
bids were received. Baytown Datsun submitted the
low bid of $14,532. The amount budgeted for the
purchase of these vehicles is $17,000.
We recommend the low bidder, Baytown Datsun, be
awarded this contract.
i. Proposed Ordinan
for fence repair
Sports Complex.
Industrial Fence
This is over the
this item.
ce No. 11210 -12 will award the bid
and replacement at the Gray
One bid was received from Hurricane
Company in the amount of $9,361.
budgeted amount of $8,500 for
11210 -34
Minutes of the Regular Meeting - December 10, 1981
We recommend this bid be rejected and the project
re -bid.
j. Proposed Ordinance No. 11210 -13 will award the bid
for the sale of the 300 Warner Swasey hydraulic
excavator. Two (2) bids were received. Ike Hall,
Inc. offered the highest price of $16,036.
We recommend the acceptance of Ike Hall, Inc.
purchase offer of $16,036 for the Public Works
Department's 1976 Warner - Swasey Hydroscopic Telescopic
Boom Excavator.
k. Proposed Ordinance No. 11210 -14 will award the bid
for the annual water meter contract. Seven (7)
bids on fourteen (14) items were received. We
will have a recommendation available at the Council
meeting.
Councilman Simmons moved for adoption of the Consent
Agenda Items Nos. "a" through "k" with the exception of "h"
which had been withdrawn by the Administration; Councilman
Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3282
AN ORDINANCE AMENDING ARTICLE VI, "ADMINISTRATIVE FEES AND
CHARGES ", OF CHAPTER 2, "ADMINISTRATION ", OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN SETTING NEW FEES FOR DEATH
& BIRTH CERTIFICATES; PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
ORDINANCE NO. 3283
AN ORDINANCE APPROVING AND ACCEPTING CONSTRUCTION OF RACCOON
DRIVE LIFT STATION; FINDING THAT THE WORK IS DONE IN ACCORDANCE
WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING
ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE
FINAL PAYMENT TO THE TIDAL CONSTRUCTION COMPANY AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
ORDINANCE NO. 3284
AN ORDINANCE APPROVING AND ACCEPTING THE REPAIR AND PAINTING
OF THE CEDAR BAYOU WATER TOWER BY ORE INTERNATIONAL, INC.;
FINDING THAT THE IMPROVEMENTS 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 ORE INTERNATIONAL, INC. AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
ORDINANCE NO. 3285
AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVELOPMENT
REHABILITATION PROJECT NO. 80 -03 -12 TO PROSPER BROTHERS
CONSTRUCTION FOR FIVE THOUSAND EIGHT HUNDRED & N01100
($5,800.00) DOLLARS.
11210 -35
Minutes of the Regular Meeting - December 10, 1981
ORDINANCE NO. 3286
AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVELOP -
MENT REHABILITATION PROJECT NO. 81 -04 -04 TO PROSPER BROTHERS
CONSTRUCTION FOR FIVE THOUSAND & N01100 ($5,000.00) DOLLARS.
ORDINANCE NO. 3287
AN ORDINANCE ACCEPTING THE BID OF RIVER OAKS CRYSLER PLYMOUTH
FOR THE PURCHASE OF 21 POLICE VEHICLES AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ONE HUNDRED
SEVENTY NINE THOUSAND EIGHTY FIVE & 06/100 ($179,085.06)
DOLLARS.
ORDINANCE NO. 3288
AN ORDINANCE ACCEPTING THE BID OF BAYTOWN DATSUN FOR THE
PURCHASE OF TWO (2) A TON PICKUP TRUCKS, AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FOURTEEN
THOUSAND FIVE HUNDRED THIRTY TWO & N01100 ($14,532.00)
DOLLARS.
ORDINANCE NO. 3289
AN ORDINANCE AUTHORIZING THE SALE OF A 1976 WARNER- SWASEY
HYDROSCOPIC TELESCOPING BOOM EXCAVATOR IN CONSIDERATION OF
THE RECEIPT OF THE SALES PRICE OF SIXTEEN THOUSAND THIRTY
SIX & N01100 ($16,036.00) DOLLARS.
ORDINANCE NO. 3290
AN ORDINANCE APPROVING THE PURCHASE OF WATER METERS BY
ACCEPTING THE BIDS OF NEPTUNE WATER METERS FOR ITEM NOS. 1,
2, 8, 9, & 10; CARLON METER COMPANY FOR ITEM NOS. 3 R: 4;
ROCKWELL INTERNATIONAL FOR ITEM NOS. 5 & 6; THE ROHAN COMPANY
FOR ITEM NO. 7 & 11; AND UTILITY SUPPLY COMPANY FOR ITEM
NOS. 12, 13 & 14; OF THE CITY OF BAYTOWN BID NO. 3211 -15 AND
AUTHORIZING PAYMENT BY THE CITY FOR EACH ITEM AS SET OUT
BELOW.
For bid tabulations, see Attachments "F" through "J"
respectively.
Consider Appointments to Electrical Board
Appointments will be made at the next Council meeting.
Consider Appointments to Community Development Advisory
Committee
Appointments will be made at the next Council meeting.
Consider Appointment of Municipal Court Judge and Alternate
Appointments will be made at the next Council meeting.
Recess
Mayor Hutto recessed the open meeting into executive
session to discuss contemplated litigation. When the open
meeting reconvened, the following business was transacted:
11210 -36
Minutes of the Regular Meeting - December 10, 1981
Consider Proposed Ordinance, Authorizing the City Attorney
to Make an Offer on Behalf of the City of Baytown for
Purchase of Hollaway Addition Outfall Drainage Fasement
Mr. Lanham stated that the Administration is requesting
Council authorization to make an offer for the purchase of
an easement in the Hollaway Addition.
Councilman Philips moved to adopt the ordinance, authorizing
the City Attorney to make an offer on behalf of the City of
Baytown for purchase of Hollaway Addition outfall drainage
easement. Councilman Johnson seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3291
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER
FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR ONE THOUSAND
FIVE HUNDRED & N01100 ($1,500.00) DOLLARS TO THE OWNERS OR
OTIER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN
INTERESTS IN A TRACT DESCRIBED HEREIN REQUIRED FOR A DRAINAGE
EASEMENT; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN
FIFTEEN (15) DAYS, DIRECTING THE CITY ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Appointment of Director of Personnel
Mr. Lanham requested approval of the selection of
Richard Hare as Director of Personnel at an annual salary of
$25,500. Mr. Patterson interviewed ten applicants for the
post and has recommended Mr. Hare. Mr. Lanham stated that
he concurred with this recommendation. Mr. Hare has been
Assistant Director of Public Works for the past two years
and prior to that he was Administrative Assistant in the
Public Works Department.
Councilman Johnson moved to confirm the appointment of
Richard Hare as Director of Public Works at an annual salary
of $25,500. Councilwoman Wilbanks seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, City Clerk
Levels of Service (A in the morning hour and C in the evening peak hour).
However, if no automobile access is provided on Fairway Drive, additional U -turn
traffic will be forced to use the Decker Drive /Baker Road intersection and the
resulting amount of congestion will create a Level of Service D condition during
the eveninS rush hour. This will result in th need to widen the south approach of
the Decker Drive /Baker Road intersection by providing an additional lane for left
turning vehicles (from south -to- west). Therefore, not providing Fairway Drive
access ft-r she Phase II development will require the widening of Decker Drive.
Vehicle- Pedestrian Conflicts
Travel between the Country Club Oaks subdivision and the Pumphrey Elementary
School occurs across Fairway Drive after the morning rush hour and before the
evening rush hour. The hour of highest street activity in the morning occurs
between 6:45 and 7:45 AM. Most school children are transported to school by bus,
van, or private auto. However, most of the children who do walk to school and
cross Fairway Drive do so between 8:15 and 8:30 AM, when school begins. (During
that period, five of the nine children who crossed Fairway Drive between 8:00 and
8:30 AM did so after 8:15 AM.)
In the afternoon, classes end at 2:30 PM and 3:30 PM. A very small number of
children cross Fairway Drive after 2:30 PM. However, between 3:30 and 3:45 PM,
between 20 and 60 children cross Fairway Drive depending on the day of the week
(see Table 5). These children have left the school area prior to the heaviest
volumes of traffic activity (4:00 to 5:00 PM).
The marked school crosswalk is patrolled by an adult school crossing guard who
stops vehicles when children cross Fairway Drive. The numbers of pedestrians and
Table 5
PEDESTRIAN VEHICLE VOLUMES ON
FAIRWAY DRIVE(1)
Pedestrian
Existing Fairway
Maximum Future Fair -
Weekday.
Crossing
Drive Traffic
way Drive
Traffic
Time Period
Fairway Drive
Eastbound Westbound
Eastbound
Westbound
7:30 - 8:30 AM
9
83 136
12003
150 (3)
3:30 - 4:30 PM
20 -60(2)
174 124
330 (3)
31 00)
4:00 - 5:00 PM 0 245 76 460 190
(1) Based on surveys conducted on December 2 and 3, 1981.
(2) Based on discussions with school crossing guard and confirmed by personal
observat ions. On Monday and Wednesday, the pedestrian volume is between 50
and 60 children from 3:30 to 3:45 PM. On Tuesday, Thursday, and Friday, the
pedestrian volume is between 20 and 30 children from 3:30 to 3:45 PM.
(3) Based on the existing relationship between the peak morning and evening hours
versus these lower volume hours.
10
b
BARTOWASCHMAN ASSOCIATES, INC T%-.o Allen Enter. Suite 26,10. Haustoi. Toni 77002 17 131 757 1 I?0
vehicles in the vicinity of the school which are regulated by the crossing guard
are shown in Table 5. In addition, forecasts of future traffic volumes (after
the Phase II development opening) are also shown. Based on observations of this
particular site and based on experience in more extensive school crossing stud-
ies, the small increase in automobile activity which could occur on Fairway Drive
will not create a reduction in pedestrian safety at the Fairway Drive school
crosswalk.
Delivery Vehicle Activit
The Phase II West Town development is planned to have a conventional service
drive along the north and east sides of the site to provide deliveries to the
rear of the retail buildings. Access to this service drive will be by way of one
access point on Decker Drive and one access point on Fairway Drive. These two
access points are required to allow for direct circulation onto and off the
public street system. In addition, the great majority of the delivery vehicles
serving the Phase II development will be traveling to and from the north on
Decker Drive (north to Interstate Highway 10 and west to the Houston area).
Thus, access to both Decker Drive and Fairway Drive will allow vehicles to use
the Decker Drive cross -over at Fairway Drive for left turn movements. The
delivery vehicle movements on Fairway Drive will therefore be on the section
between Decker Drive and the east boundary of the site.
To determine the types of delivery vehicles and frequency of deliveries anticipa-
ted at the Phase II development, peak period surveys were conducted at the
existing West Town shopping center. During the peak periods of traffic study, no
multi -axle semi- trailer trucks were observed entering the site. All of the
delivery vehicles were either two -axle trucks or delivery vans. It is anticipat-
ed that the great majority of delivery vehicles to the Phase II development will
also be smaller, two -axle vehicles. Only the T.G. & Y. store in the Phase II
development is expected to require three -axle truck deliveries.
During the highest hours of activity, 18 delivery vehicles were observed entering
the Phase I site in the morning hour and 29 delivery vehicles were observed
leaving the Phase I site in the evening hour. The major generator of deliveries
in the Phase I development is the Safeway grocery store. Because the Phase II
development will not have a grocery store, it is anticipated that the number of
peak hour deliveries will be lower.
As a result, deliveries to the Phase II development are anticipated to be primar-
ily in two -axle trucks and delivery vans. They are expected to orient primarily
to the north on Decker Drive in fewer numbers than are currently being observed
at the Phase I development. As a result, the impact of truck activity on the
section of Fairway Drive serving the Pumphrey Elementary School and the Country
Club Oaks Subdivision should be negligible.
In summary, an analysis of traffic volumes projected for the Phase II West Town
development has shown that automobile access onto Fairway Drive is required to
avoid the need for widening Decker Drive. The maximum increase in traffic that
may occur on Fairway Drive as a result of the Phase II development will still be
below the acceptable level for collector streets. In addition, it was found that
the traffic impact on Fairway Drive and the truck activity on Fairway Drive will
primarily be confined to the area west of the school and residential areas.
L., 11
U
BARTOWASCHMAN ASSOCIATES, INC Two Allen Center. Suite 2640, Houston. Texis !100217131 757 1120
am
Attar.hrli(ML "U"
GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL D1STRiCT
JOHNNY CLARK. SUPERINTENDENT
BAYTOWN, TEXAS 77820
December 8, 1981
City of Ba} Loum Council
P. 0. Box 424
Baytown, Texas 77520
Attention: Mr. Fritz Lanham, City Manager
Dear Lady and Gentlemen:
I understand that you will be considering, at your next meeting, the opening of
a road off of Fairway Drive to service the 1Vesttown Shopping Center. Representing
the best interest of the Goose Creek Consolidated Independent School District, I
would like to ask that you not approve such a street.
Jessie Lee Pumphrey Elementary School was located on Fairway Drive to serve a very
densely populated residential area. Fairway Drive is the only street leading to
Pim phrey School and is the major avenue of entrance to most of the single family
residences located in the Pumphrey School zone. These factors have caused
Fairway Drive to become an extremely heavily traveled street. Should additional
traffic be added to Fairway Drive, the street would be a serious danger to our
children - -both those who walk and those who ride - -as they travel to and from
school.
Among other reasons, schools are located in densely populated family areas for
economical reasons. Transporting students by bus is extremely expensive; and,
without a doubt, the cost will continue to escalate at a rapid rate. Pumphrey
School is located so that many students may walk to and from school. If service
vehicles are directed to Fairway Drive, it is possible that the District might be
forced to provide additional busing for the safety of students.
Too, it should be noted that commercial traffic presents more of a problem for
students on a street than community residence traffic. Those in a neighborhood
community feel a sense of responsibility for the neighborhood and especially for
the safety of all the youngsters in the neighborhood.
If commercial traffic uses Fairway Drive to serve Westtoin Shopping Center,
the street will soon be identified as a commercial street.' The trucks and other
commercial vehicles will not opt to use only that section of Fairway Drive
between Decker Drive and the new Service Street. The vehicles will, without
question, enter Fairway Drive from one direction and exit in the opposite
direction while making a route. Fairway Drive will soon be Down as a
commercial street and a school barrier street. When a school is separated from
its community by a natural barrier or by a commercial barrier, it loses its
neighborhood school concept. It no longer can serve the connnunity as effectively.
Pumphrey School already suffers, somewhat, from this problem since on the "backside"
it is separated from its community by Baker Street. A commercial street on the
"frontside" would make Iumphrey virtually an island in that it would be
City of Baytown Council -2- December 8, 1981
surrounded by commercial streets -- Decker Drive on one side, Baker Road on one
side, Fainiay on one side, Baker and Fairway merging to form the fourth side,
and this fourth side barrier reinforced by Goose Creek Stream.
Please help the public schools by maintaining Fainiay Drive as a street for .a
neighborhood rather than for commercial traffic.
Jjc
CC: Board of Trustees
2 hnerelny Clark, Superintendent
Goose Creek C. I. S. D.
Attachment "F"
To: Mayor Hutto and Baytown City Council
Froms Kenneth W. Bartz
As president of the Country Club Oaks Civic Association, I
wish to report our organization's strong opposition to the
proposed construction of two curb cuts on Fairway Drive.
These cuts have been requested by the developers of the West
Town Shopping mall, Phase II. One of the cuts would be used
by shoppers and the other would be used as a service entrance.
Before explaining the basis of our opposition, I would like
to make it clear to the Council that we are not opposed to
the expansion of the shopping center, recognizing that
commercial developments and residential areas must 'share
some common boundaries. Also, with care and planning these
boundaries.can and should serve the need of all parties
involved.
We oppose, and have been opposing, opening of curb cuts on
Fairway Drive for the following reasons:
1. The curb cuts will increase the flow of traffic on
Fairway Drive, a narrow street which is already
overloaded.
2. The increased traffic load and the truck traffic
(including 18- wheelers) from the service entrance
will present an added safety hazard to the children
at Pumphrey Elementary School, located on the
boundaries of Fairway Drive and the shopping center.
The truck or service entrance is located close to
the school property. Children from Country Club Oaks
and the surrounding apartments and neighborhood
cross Fairway Drive throughout the school year. We
submit that the increased danger to the children is
too high a price to pay for curb cuts.
3. The roadbed of Fairway Drive is not designed to
handle truck loads, and its use by such vehicles
will only cause further deterioration requiring
frequent and costly mainterioance by the city.
4. The incresed traffic load and the truck traffic
can only serve to have an adverse effect on the real
estate values of the residential properties bordering
on Fairway Drive. Should this begin, a domino
effect could result, lowering the property values- -
and taxes - -of a major portion of our subdivision.
5. The narrow width of Fairway Drive significantly
restricts even the maneuverability of school buses.
Imagine the problems 18- wheelers will have as they
attempt to negotiate turns on Fairway Drive.
6. The real need for curb cuts on Fairway Drive does
not exist. The shopping center expansion has three
cuts on Decker Drive, one of which could accommodate
service trucks. They could also enter on Baker
Road -- scheduled soon to be a divided four -lane
road - -using the service road facilities of Phase I
of the shopping center.
To emphasize our opposition to these curb cuts, I will have
at the Council meeting a petition bearing the names of
460 residents of Country Club Oaks. Our total membership is
about 600.' I would estimate that with additional effort
another 50 -100 names could be added to the list.
Taking into consideration the number
their concerns, I ask the Council to
the city planning commission by reje
curb cuts on Fairway Drive. We look
cooperation in protecting the safety
community.
of people involved and
uphold the findings of
sting the placing of
to your leadership and
and wellbeing of our
TI� L �: ehahili.tation Project
BlD�
DATE: December 1 1981
L!! Y U! t� A Y! U VI/ IV
B1O TABULATION
ITEM
QTY
DESCRIPTION
Eastside__Constru_c.
C,M,S.
_Har_ris
County
+�X�FN�1�
Prosper
Brothers
Ed Shook
Building
_
UNJT
EXTEIYDEO
UNIT
EX— ENO-ED
UNIT
UNI
X���S!
UNIT
X FNDED
R ► C
PR! CE
PRl�E_
�[Q.I.G.E_...
_
1
Rehabilitation Housing Project
80 -03 -12
1111 Turner
$9,800.00
No Bid
$6,499.00
$5,800.00
$5,999.99
2
Rehabilitation Housing Project
81 -04 -04
217 Mixiam
$8,849,99
$9,975,00
$8,135.00
$5,000.00
$7,500.00
w
a�
E
U
cd
+�
d
i
`I�
t
GROSS TOTAL
LESS DISC.
'� � NET TOTAL
.
1��'' IVFRY
� .
_I_I _I_L c•
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oaTE:
V! 1 1 V� L.�H I I V VV (Y
B10 TABULATION
ITEM
QTY
DESCRIPTION
UN17 �EXTEiv0E0
UNIT Ex7EN0E0
UNl7 �x�N��
UN1 X7���
UNIT EXiFNUEO
f31G.�
1
Rehabilitation Project
80 -03 -12
1111 Turner
$7,640.00
2
Rehabilitation Project
8I -04 -04
217 Miriam
$7,125.00
GROSS TOTAL
I FMS nr Sr
�� NEr rorA�
nFi ivFRY
������ D�1 inn 1 /ahirlpG
DA7 (�� �....p... F.pr 7n i Q?? i _
TEM QTY DESCRlP?!ON
POLICE VEHICLES
1 21 each per specifications
Make /Model
I � Delivery A.R.O.
i
V i
.�..yy
Y.
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fi
U
cd
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GROSS T07AL
LESS 01SC
Nor �o�AL
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B10 TABULATION
Gulf Co st Dod e Timmers f� c__
UNr7 EXTE NDEO U�t1T EXTENOEO UNIT X ND D UN! E NDtO UNr7 f ND�D
R F � 4 ��
S8,527.8 5179,085.06 58,629.41 S18t,217.61 9,200.0 St93,200.00 59,733.6 $204,407.49 59,272.7 Stg4,727.�
Plymouth Gran Fury Dodge Diplomat Plymouth Gran Fury Ford LTD Chevrole Impala
� '
120 days 60 to 9 days 90 days I 30 to 6p days 100 day
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4
Attachment "I"
M E M O R A N D U M
December 8, 1981
TO: Fritz Lanham, City Manager
FROM: Public Works Department 0
SUBJECT: Bid PW 8211 - 1 Information
Bids were opened this date for the sale of the Public Works Department's
1976 Warner - Swasey 300 Hydroscopic Telescoping Boom Excavator.
The following bids were received:
Company Offer
Ike Hall, Inc. $16,036.00
Hi -Way Equipment Co. $12,500.00
The highest price offered was from Ike Hall, Inc., P.O. Box 1019, Friends -
wood, Texas 77546 at $16,036.00. We recommend the acceptance of Ike Hall, Inc.
purchase offer.
RH:smb
�, A�1�UA1. l.'ATEF `tETER CONTRACT
1 "t i "L �:
Ll; 5211 -15
�r�TF'� • 1)ECGAiBLR 4, 1981
''�rl,:�l
QTY
DESCR1PTrQN
_ -__1
WA'1'I_:j�„M[:�' �
XiiLL,.NOtJ
j A`;3UAL tdATI:R i`l1aTISK
IIEKSEY PRODUCTS
Uir'ri F:c'�1'r��%ti
UNri EXTENDED
CO,iTRACT, per specifications
.
{! S00 each
Displ�icenient, 3/4 x 5/8
?,
f :i0 cacti
� Uisplaccmc►�t, 1 x 5/8
3.
' 3l) cac{i
UiSplaccment, 1`z x 5/8
;,
5 c��ch
+ 1)i5placem�nt, 2 x 2
�.
� each
� Cvnpound, 2 inch
6.
1 each
� Compound, 3 inch
7.
1 eaci:
Compound, 4 inch
8.
30 each
Turbine, 2 inch
••
9.
i0 each
Turbine, 3 inch
10.
3 each
'Turbine, 4 inch
lI.
2 each
Turbine, 6 inch
12.
? each
Turbine Fire Iiydrant, 3 inch
13.
1 each
Turbine Fire Hydrant, 6 inch
?�.
' 1 each
;Turbine Fire Hydrant, 10 inch
$22,240.00
26.10
= 520,880.00
33.69 $26,952.Ot
73.00$
i TUTAL BID
77.Q0
�
i
$ 2,100.00
+
i DELIVEhY ARO
s~
a�
U
cd
d'
�. . I .. . ._. _
�rQ TABULATION
• ZOCKWEI,L TNTERNAI'IONAI
1'lIE ROHAN
COPtI'ANY
NEPTUNI:
WA'1'I_:j�„M[:�' �
XiiLL,.NOtJ
CARI.ON 1`tIiTI:R CO;`tI'ANY
UNtT EX7EN;:tO
IIEKSEY PRODUCTS
Uir'ri F:c'�1'r��%ti
UNri EXTENDED
UtvIT
EXTENDED
UNIT
�
� C
Op
^�� C�
rO:r:
tf�r�
,
�,
i
'
i
S 28.50 $22,800.00
28.95
$23,160.00
27.80
$22,240.00
26.10
= 520,880.00
33.69 $26,952.Ot
73.00$
2,190.00
77.Q0
$ 2,31.0.00
74.00
$ 2,100.00
52.40
$ 1,572.00
81.04.$
2,431.21
S 177.04:$
5,314.40
16b.00
$ 4,980.00
160.00$
4,800.00
{$
146.80
S 4,404.00
198.615
5,95A.3t
$ 275.00:$
1,375.00
266.00!
S 1,330.00
233.dU
1,165.00
�
203.40
$ 1.,017.00
$ 281.46:$
1,' +d7.3t
$ 635.00$
1,270.00
840.00
$ I,680.00
No Bid
No Bid
S 691.00 $
1,382.01
$ 895.00;$
895.00
940.00
$ 940.00
,425.00
$ 1,425.00
� :Io Bid
No Bid
1,009.00'$
$
1,009.01
1,651.01
$1,590.00 $
1,590.00
1,540.00
$ 1,540.00
,800.00
$ 1,800.00
j
.1,651.00
250.00 $
7,500.00
265.00
$ 7,950.00
237.00
$ 7,110.00
No Bid
251.00 $
7,530.0
389.00 $
3,890.00
382.00
$ 3,820.00
381.00
$ 3,810.00
No Bid
349.40 $
3,490.0+
800.00 $
2,400.00
750.00
$ 2,250.00
666.00
$ 1,998.00
No Bid
726.00 $
2,178.0+
1,895.00 $
3,790.00
1,320.00
$ 2,640.00
,369.00
$ ,738.00
No Bid
1,639.00 $
3,278.0+
450.00 $
900.00
S10.Od
$ 1,420.00
389.00
$ 778.00
No Bid
486.00 $
972.0
2,400.00!$
2,400.00
No Bid
No Bid
I No Bid
3,045.00,5
3,045.0
,4,800.00!$
4,800.00
� No Bid
No Bid
i Vo Bid
$4,390.04:5
4,390. d'
x$61,110.00
i $53,620.00
549,964.44
i $27,573.00
:$65,673.8
34 -60 i DAYS
10 -15
� DAYS
34
,DAYS
30
j DAPS
30 � DAYS
i
i
I
GROSS TOTAL
LESS DISC.
NET 70TAL
E�7 L L: A \�U�1L IJATER NiE.TER CONTRACT
L� �v� S- 'll -1S
��a � E: ur.cr,�rE�: � 1 apt
'�`Tc��.•,j
QTY
DESCRIPTION
i�
I --
�_
1
I
Ii
j �� \L'AI. ;DATER :METER
�
�
� COVTK:ICT, per specifications
l
1. `
500 each
Displacement, 3/4 x S/8
` "?.
30 e.3ch
I)isplacemcnt, 1 x 5/8
3.
30 eac_1�
j Displacement, 1'g x 5/8
4. ;
S c °aclti
i Uisplacemettt, 2 x 2
3. �
2 each
� Compound, 2 inch
G.
1 each
� Compound, 3 inch
7.
1 each
Compound, 4 inch
8.
30 each
Turbine, 2 inch
9.
10 each
Turbine, 3 inch
10.
3 each
Turbine, 4 inch
11.
2 each
Turbine, 6 inch
12.
2 each
'Turbine Fire Hydrant, 3 inch
.'.3. i
I each
i Turbine Fire Hydrant, 6 inch
1�.
1 eaci�
Turbine sire Hydrant, 10 inch
� TOTr'1L AID
DELIVERY ARO
CROSS roTa�
HESS orsc
NET TOTAL
-_
V . i v • .�.. • .,
f�1D Ta BULAT! ON
,.
UTILITY SUPPLY CO. PRECISION METERS
^„_ �} � ;.
UNr7 FXTe -NEED Un1l7 EXiEN0E0 UNIT tX7 EN,,eG (,iN1T EXTc��� tJ Ur;iT�j �x • �;v���
i
1
$ 31.75$25,400.00 26.90 $21,520.00
77.00; 2,310.00 6b.90j 2,007.00
190.00• 5,700.00 131.90! 3,957.00
272.00, 1,360.00 220.90 1,104.50
650.00: 1,300.00 No Bid
940.00! 940.00 No Bid
1,670.00 1,670.00 No Bid
290.00 8,700.00 No Bid
430.00 4,300.00 327.25 3,272.50
i 860.00 2,580.00 595.00 1,785.00
,1,990.00 3,980.00 1,190.00 2,380.00
350.00, 700.00 No Bid
2,385.00i 2,385.00 � No Bid
'4,610.00 4,610.00 No Bid
�$b5,935.00 � $36,026.00
30 DAYS 10 'DAYS
i
,
,
t
I
t
i
! "
Attachment "A"
Mayor and the City Council
City of Baytown
P.O. Box 424
Baytown, Texas 77520
Dear Mayor and City Council Members:
"Taziche Ibss & Cam.
November. 30, 1981
U tf CJ 'i.
We have prepared this letter to summarize Mr. Pat
Loconto's and Mr. Sam Rhodes' testimony pertaining to Houston
Lighting and Power Company's (HL &P) July 6, 1981 rate applica-
tion. An overview of ratemaking and our findings and recommenda-
tions are summarized below:
Overview of Ratemaking
The ratemaking process involves the application of the fol-
lowing formula:
Adjusted Value of Invested Capital Rate Base
(x) Fair Rate of Return
( =) Required Operating Income
( -) Adjusted Test Year Operating Income
( =) Income Deficiency
( +) Federal Income Taxes
( +) Revenue Related Taxes
(_) Additional Revenue Requirements
The definition of each of these components is:
- Test Year: This represents a 12 -month period of time
which is utilized to determine the investment requir-
ed to provide electric service, the operating income
(earnings capacity) of the Company, and fair rate of
return.
- Adjusted Value of Invested Capital Rate Base: This
represents the weighted investment to provide elec-
tric service and is based on the weighted cost of in-
vested capital rate base and the current cost rate
base.
Invested Capital Rate Base: This represents the ori-
ginal cost investment incurred by the Company to pur-
chase plant (buildings, generation, transmission, and
distribution plant) less depreciation plus a working
capital allowance.
TWO ALLEN CENTER, 25TH FLOOR -1200 SMITH STREET - HOUSTON, TEXAS 77002- (713) 651 -9581-TELEX: 791-OID
'kil ldle Ra,u 6 Cry
Current Cost Rate Base: This represents the cost of
the plant (buildings, generation, transmission, and
distribution plant) if it were built today less an
allowance for age and condition plus a working capi-
tal allowance.
- Fair Rate of Return: This represents the rate of re-
turn on the adjusted value of invested capital that
allows a company a reasonable return to pay debt
cost, preferred dividends, and common dividends.
Adjusted Test Year Operating Income: This represents
the Company's earnings capacity and is based on ac-
tual test year operating income adjusted for knoan
and measurable changes.
Federal Income Taxes: This represents the additional
federal income taxes attributable to the additional
revenue requirements.
Revenue Related Taxes: This represents the addi-
tional state gross receipts taxes and the franchise
fees attributable to the additional revenue require-
ments.
Summary of Recommendations
Based on our review and analysis of HUP's July 6, 1981
rate filing package, we recommend:
The company be allowed a rate increase to provide
$134,984,000 in additional revenue requirements,
which is a reduction of $120,,606,,000 from the Com-
pany's proposed revenue requirement of $255,59 0,000
(base revenue increase of $247,926,000 plus franchise
fee surcharge of $71,664,000) .
An adjusted value of invested capital rate base of
$3,613,996,000, which is a reduction of $516,744,000
from the Company's proposed adjusted value of invest-
ed capital rate base of $4,130,740,000.
- An adjusted test year operating income of
$300,201,000, which is an increase of $1,360,000 from
the Company's proposed test year operating income of
$298,841,000.
- A fair rate of return on the adjusted value of in-
vested capital of 10.25 %, which reflects a return on
book common equity of 15.7 %. The Company proposed a
return on book common equity of 17.0 %.
Iris a he 1?nrs:;� G
The Company's proposed customer class cost allocation
methodology be adopted.
- The Company's proposed rate design should be adopted,
except for:
The franchise fee should not be surcharged to the
municipal ratepayers but should be included in the
base rates. The effect of including the franchise
fee in the base rates is to spread the cost to all
the ratepayers irrespective of incorporated bound-
aries.
- The limitation on computing the fixed charge and in-
ventory carrying charge on coal purchased from Utili-
ty Fuels, Inc. (UFI) should be continued for pur-
poses of computing the monthly fuel charge.
Reconciliation of Revenue Requirements
The table below summarizes the effect on revenue re-
quirements of our adjustments to the adjusted value of invested
capital rate base, test year operating income, and fair rate of
return. Further, we have summarized the effect on revenue re-
quirements due to our adjustments to rate base into the following
categories:
- The
adjustments
to
construction work in progress
- The
adjustments
to
working capital
- The
adjustments
to
other rate base items
TABLE 1
($000s Omitted)
Company:
Additional Revenue Requirement, Excluding
Franchise Fees $247,926
Franchise Fees 7,664
Additional Revenue Requirements, Including
Franchise Fees 255,590
Rate Base:
Construction Work in Progress (32,360)
Working Capital (45,420)
Other ( 8,353)
Total (8 6,133)
Operating Income ( 2,616)
Fair Rate of Return (31,857)
Consultant's Additional Revenue Requirements $134.9£i4
r =4
3
1ci!J1(, Cn
Adjusted Value o£ Invested Capital
We recommend an adjuste ' value o one of $516 7 44, 0 0 from
tease of $3,613,996,000, which is a redact
the Company's proposed adjusted value of marlstdue t capital rate
base. The reduction of $516,744,000 is primarily
- A reduction in construction work in progress (CV1IP)
from $881:807 , 0 00 $749,424,000
The utilization of a balance sheet approach to deter-
mining working capital in lieu of the 1/8 formula
- The reduction of fuel oil inventory to twice the
highest usage in the past three years rather than
using the book balances
_Construction Work in Pro ress
The Public Utility Regulatory Act provides that CWIP may
be included in the rate base i odes' financ al t financial
integrity criteria
integrity of a company. Mr. Rho
were:
internal cash generation as a
percentage of construction Over 40%
expenditures
Pretax interest coverage
3.25x to 5.00x
Allowance for funds used during No higher than
construction as a p 20% -25%
net income available for common
Based on Mr. Rhodes' financial integrity criteria, the e WI P rieis
e ssary to maintian the financial integrity i ty
cmf$749,424,000 or 60% of t e k balan al
$881,807,000 or 71$ of the balance. The Companysinanci
integrity criteria were:
Internal cash
percentage of
expenditures
generation as a
construction 40% minimum
Pretax interest coverage, excluding
3.5x minimum
AFUDC
Allowance for funds used during
construction as a percentage of net
income available for common
Reasonable levels
4
7olIdle &1�s Ca
Working Capital
Working capital allowance represents the amount of funds
required or available from the Company operations. The alterna-
tive methods for determining the working capital allowance are:
- A formula approach based on 1/8 of the operation and
maintenance expenses, excluding purchased gas, depre-
ciation expenses, and taxes other than income plus an
allowance for materials and supplies and prepayments
- A balance sheet analysis of the capital requirements
excluding plant and sources of capital, excluding
short- and long -term debt, preferred equity and
common equity.
- A lead -lag study which quantifies the dollar effect
of the timing differences between the date service is
rendered and revenues collected and the date costs
are incurred and paid
The Company utilized the 1/8 formula method in this proceeding.
It is Mr. Rhodes' opinion that this approach is not appropriate
because the 45 -day lag inherent in the formula reflects business
conditions 30 years ago and the method does not recognize all
sources and uses of working capital. Mr. Rhodes utilized the
balance sheet approach which reflects the 13 -month average of the
actual book balances. The lead -lag study was not utilized due to
time constraints. However, Mr. Rhodes recommends that a lead -lag
study be developed prior to any subsequent proceeding.
Fuel Oil Inventory
The fuel oil inventory was adjusted to reflect twice the
highest usage during the previous three years rather than to uti-
lize the actual book balances. This adjustment was made based on
Mr. Rhodes' analysis which indicated that the Company had 4.5
years of fuel oil inventory based on actual test year usage. The
other adjustments to the rate base were:
- A change in the weighting from 60% original cost, 40%
current cost to 70% original cost, 30% current cost
- An adjustment to the accumulated depreciation expense
reserve
- The removal of advances for lignite leases
- An adjustment to deferred income taxes
li)lld wRa s:�Cox
Test- Year n era tin Income C ��r operating income of
Mr. Rhodes recommends a teat year
000, which is an increase o Sli 360,000 f $298f841,000p The
$300, r year operating
incontc-
pa proposed test y erating income are:
primary differences in op
The adjustment to revenues ns nd o expenses
appropriate levels
Wade Clifton's recommendatio
of price elasticity
The adjustment of salary and related expenses
The adjustment of non - economy start -up expanses
price Elasticit *s
Mr.
Made Clifton's analysis indicated that seheof company
proposed adjustment was overstated
for electricity. Further, he
price rather than marginal p o problem with the mod -
believes that there Sahis own modelto correct for the auto -
el. Mr. Clifton developed final prices for
correlation problem and utilized marg
of customers.
Salary and Related Expenses
r, Rhodes adjusted the Company's proposed salary adjust-
Mr. 1981, in order
ment to remove employees subsequent to March Sense. Further, he
to provide a better matching of revenue and exp pro forma
ate the p
adjusted the overtime factor utilized to comp 197 in T s was
adjustments to remove overtime experienced
resulted d This was
add
necessary because of the 1976 striker
mal amount of overtime.
ense s
Non- econom Start -U � expenses to
Rhodes adjusted the non - economy start -up
Mr. purchased power from 46.9% to
reduce the anticipated non-- economy P adjustment was
because the company's rt�o total pur-
29.0 %. This was sis of non- economy purchased p
based on an analy of Austin only rather than noneconThe
chased power form the City purchased power for the company.
purchased power to total P income are:
other adjustments to operating
An adjustment to residential conservation program costs
- An adjustment to the reserve for property insurance
- An adjustment to rate case expenses
- An adjustment to federal income taxes
,IUI lull' 16&u 6 ( i)
Fair Rate of Return
Mr. Loconto recommended a fair rate of return of 10. 255.1 on
the adjusted value of invested capital, which compares to the
Company's return on adjusted value of invested capital of
10.43 %. The difference is primarily due to the return on common
equity. The Company proposed a 17.0% return on common equity and
Mr. Loconto recommended a 15.7% return on common equity. The
other adjustments were:
- Mr. Loconto utilized a capital structure at June 30,
1981, whereas the Company's capital structure was at
March 31, 1981.
- Mr. Loconto removed a $20 million issue due in October
1981 from long -term debt and included the Company pollu-
tion control bonds in long -term debt.
Rate Design
The analysis of the rate design proposed by the Company in-
dicated that the rate design was appropriate except for the
treatment of franchise fees and fuel cost on purchases from Util-
ity Fuels, Inc. The Company is proposing to continue to sur-
charge the franchise fees to municipal ratepayers. Mr. Rhodes
recommends that the franchise fees be included in the base rates
and paid for by both urban and rural ratepayers because the rural
ratepayers benefit from the use of city streets and rights -of -way
that are provided for in the Franchise Agreement.
The
Company is proposing that
the fuel cost incurred on
purchases
from UPI be passed through
to the
ratepayer. Mr. Rhodes
recommends
that the limitation on the
return
utilized to compute
fixed charges and inventory carrying
cost be
continued. This is
necessary
to ensure that UPI does not
earn a
return greater than
the return
authorized by the regulatory body
on transactions with
AL &P.
cc: Mr. Randy Strong
City Attorney
Mr. Fritz Lanham
City Manager
7
Very truly yours,
Jd� D. Wa r re n
go
Attachment "II"
1
1
ill '1. C
A
a 0
M-1
111.111*61s;
W.,
�s +' 1 li + i VIII il. i►
DECEMBER 10, 1981
RATE INCREASE
HOUSTON LIGHTING & POWER
REQUESTED INCREASE OF
9.8% OR $255,590,000
PUC STAFF RECOMMENDATION
OF 7.4% OR $193,2 36, 0 00
TOUCH E Ross & Co.
RECOMMENDATION OF 5.2% OR
$134,984,000
OR
$58,252,000 LESS THAN
PUC STAFF RECOMMENATION
_1..
m
Q1 1 Q1119ox dilmili-:611
CONSULTANT PROPOSED
RETURN ON COMMON EQUITY 16.7%
PRETAX INTEREST COVERAGE
INCLUDING AFUDC 4.08X
EXCLUDING AFUDC 3.85x
INTERNAL CASH GENERATED 41.9%
AFUDC AS A PERCENT OF EARNINGS 13.1%
PliC STAFF RE rOMENDED
RETURN ON COMMON EO UITY NA
PRETAX INTEREST COVERAGE
INCLUDING AFUDC 3.93X
EXCLUDING AFUDC 3.49x
INTERNAL CASH GENERATION 41.0%
AFUDC AS A PERCENT OF EARNINGS 26.5%
-2-
OEM
ADJUSTED VALUE OF INVESTED CAPITAL
MULTIPLIED BY RATE OF RETURN
EQUALS REQUIRED TEST YEAR OPERATING INCOME
MINUS TEST YEAR OPERATING INCOME
EQUALS OPERATING INCOME DEFICIENCY
PLUS TAXES (FEDERAL INCOME TAXES AND OTHER REVENUE
RELATED TAXES)
EQUALS INCREASE IN REVENUE REQUIREMENTS
:&Z
111 Iw I 11
$ 3,613,996
10.25%
370,435
300.201
70,234
64,750
S 134,984
ADJUSTED VALUE OF PLANT IN SERVICE
CONSTRUCTION WORK IN PROGRESS
ELECTRIC PLANT HELD FOR FUTURE USE
NUCLEAR FUEL IN PROCESS
WORKING CAPITAL
DEFERRED FIT
UNAMORTIZED ITC (PRE -1971)
CUSTOMER DEPOSITS
CUSTOMER ADVANCES FOR CONSTRUCTION
RESERVE FOR PROPERTY INSURANCE
TOTAL ADJUSTED VALUE OF INVESTED CAPITAL
-4-
$000'S OMITTED
$3,096,618
749,424
28,813
108,029
(46.279)
(283,310)
(8,801)
(12, 540)
(9,573)
m
m
RETURN
CQNSU TANT
ON ADJUSTED VALUE
RECOMMENDED
CAPITAL
OF INVESTED
( $000' S QMMITTE
D )
WEIC�STED
AMOUNT
PERCENT
CQSS
LONG -TERM DEBT
$ 1.714.989
49.04%
8.68%
4.26%
PREFERRED EQUITY
243.518
6.96
8.23
.57
COMMON EQUITY
.1..538.676
44.00
12.32*
5.47
TOTAL
$3.497.183
100,00
1025%
* 15.7°% ON ORIGINAL COST OF INVESTED CAPITAL
-5-
OPERATING REVENUES
OPERATING EXPENSES:
RECOVERABLE FUEL AND PURCHASED POWER
RECOVERABLE CITY FRANCHISE REQUIREMENTS
OPERATIONS AND MAINTENANCE
DEPRECIATION AND AMORTIZATION
AMORTIZATION OF DEFERRED DEBITS
INTEREST ON CUSTOMER DEPOSITS
TAXES OTHER THAN FEDERAL
FEDERAL INCOME TAXES
TOTAL OPERATING EXPENSES
INTEREST INCOME
o ADJUSTED OPERATING INCOME
Im
_(DOD's OMITTF
$2,613,159
1,562,719
53,787
340,603
113,251
3,658
736
97,541
1422.113
2.314,408
1.450
$ 300,201
,mN N—ow
OPERATING REVENUES
OPERATING EXPENSES:
RECOVERABLE FUEL AND PURCHASED POWER
RECOVERABLE CITY FRANCHISE REQUIREMENTS
OPERATIONS AND MAINTENANCE
DEPRECIATION AND AMORTIZATION
AMORTIZATION OF DEFERRED DEBITS
INTEREST ON CUSTOMER DEPOSITS
TAXES OTHER THAN FEDERAL
FEDERAL INCOME TAXES
TOTAL OPERATING EXPENSES
INTEREST INCOME
o ADJUSTED OPERATING INCOME
Im
_(DOD's OMITTF
$2,613,159
1,562,719
53,787
340,603
113,251
3,658
736
97,541
1422.113
2.314,408
1.450
$ 300,201
m
111 Iv 1
* RETURN oV EQUITY 17.0% 16.25% 15.7%
-7-
COMPANY
PUQ STAFF
CONSULTANT
ADJUSTED VALUE OF
INVESTED CAPITAL
$4.130,740
$4,550.957
3,613,996
FAIR RATE OF RETURN
10.43X*
9.02X*
10.25 %*
REQUIRED OPERATING
INCOME
430,836
410.398
370,435
ADJUSTED OPERATING
INCOME
298.841
NA
300.201
INCOME DEFICIENCY
131,995
NA
70,234
REVENUE RELATED. TAXES
123.59
NA
_ 69,750
REVENUE REQUIREMENTS
$255,590
$ 193,236
$134.984
* RETURN oV EQUITY 17.0% 16.25% 15.7%
-7-
111 1
STAFF ADDITIONAL REVENUE REQUIREMENTS
FRANCHISE FEE
ADJUSTED STAFF ADDITIONAL REVENUE REQUIREMENTS
RATE BASE:
CONSTRUCTION WORK IN PROGRESS
FUEL OIL
WORKING CAPITAL
PLANT HELD FOR FUTURE USE
OTHER
TOTAL RATE BASE
RATE OF RETURN
OPERATING INCOME:
ADJUSTMENT FOR ABNORMAL O&M EXPENSE
OTHER
TOTAL OPERATING INCOME
CONSULTANT'S ADDITIONAL REVENUE REQUIREMENTS
(A) ESTIMATED
$189,225
4.011 (A)
193,236
(30, 406)
( 8,833)
(33, 305)
4,038
( 434)
(68,940)
( 7,939)
7,066
11.561
18.627
$134,984
1 11111_l_IT-lioce ►
RATE DESIGN
- ADOPTION OF COMPANY DESIGN WITH EXCEPTION OF FRANCHISE FEE
WHICH SHOULD BE INCLUDED IN BASE RATES
FUEL ADJUSTMENT CLAUSE
- LIMIT RETURN EARNED BY UFI ON PASS - THROUGH OF COAL CHARGES
TO HL &P AUTHORIZED RETURN
WORKING CAPITAL COMPUTATION
- COMPANY SHOULD PERFORM A LEAD -LAG STUDY PRIOR TO NEXT
PROCEEDING WITH GUIDANCE FROM REGULATORY AUTHORITY
-9-
Attachment "C"
b
BARTON ASCHMAN ASSOCIATES, INC.
TWo Allen Center, Suite 2640, Houston, Texas 77002 (713) 757 -1120
MEMORANDUM TO: Haesly - Kinghorn Partnership No. 2
FROM: Barton- Aschman Associates, Inc.
DATE: December 10, 1981
SUBJECT: Traffic Impact Analysis
West Town Shopping Center - Phase II Expansion
Baytown, Texas
The Haesly- Kinghorn Partnership No. 2 has proposed to develop a shopping center
in Baytown, Texas. This 16 acre site, Phase II of the West Town Shopping Center,
is located in the northeast quadrant of the Decker Drive (Spur 330) /Fairway Drive
intersection. It will include a total of 158,735 square feet of gross leasable
area (GLA) and will consist of financial institutions, restaurants, and retail
stores. It will be located immediately south of the existing West Town Phase I
development, which includes 121,443 square feet GLA, and which has access on
Decker Drive and Baker Road. (See Figure 1.)
This report presents the findings and recommendations of a study conducted to
determine the traffic impacts of the proposed Phase II development. Specifical-
ly, the need to provide access from the proposed center onto Fairway Drive was
investigated as it related to traffic congestion in the vicinity of the site.
This access will include one driveway for patrons and employees of the develop-
ment and one service driveway for delivery vehicles. Barton-Aschman projected
the additional traffic which would be generated by the development and its
distribution on the roadway network. The ability of the roadways to serve these
projected volumes with and without Fairway Drive access was evaluated and, where
appropriate, roadway improvements were recommended.
STUDY PROCEDURE
To make a thorough evaluation of the proposed development with respect to traffic
access and circulation, the following analyses were conducted:
1. Data Collection. The physical characteristics of the site and the surround-
ing road network were surveyed to identify existing cross- sections and traffic
signal locations and to identify any physical constraints relative to roadway
modifications. Data from various governmental agencies (City of Baytown, Harris
County, and the State Department of Highways and Public Transportation) was col-
lected. This data included:
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a. The status of roadway plans programmed for the area.
b. Details of the Baker Road improvement presently under construction.
c. Recent traffic counts and traffic operations data for the street net-
work (including available daily traffic counts).
In addition, the following independent surveys were conducted:
a. Peak period turning movement counts during the morning and evening rush
hours of typical weekdays at the following intersections:
1. Decker Drive and Baker Road
2. Decker Drive and Fairway Drive
3. Baker Road and Goose Creek Drive
4. Fairway Drive and Goose Creek Drive
b. School crossing surveys involving vehicle- pedestrian counts during the
morning peak period and field observations during the evening peak
period at the Pumphrey Elementary School.
c. Delivery vehicle classification counts at the existing Phase I West
Town Center service driveways during the morning and evening peak per-
iods.
d. Inbound and outbound vehicle counts at major driveways serving the
existing center during the morning and evening peak periods.
2. Traffic Forecasts. The directional distribution of site - generated traffic
for the Phase II development was determined based on the distribution of traffic
approaching and departing the existing (Phase I) shopping center. Estimates of
the peak period traffic volumes which could be generated by this development were
made, based on generation rates obtained from actual surveys conducted at the
major driveways serving the existing center. The projected traffic volumes from
the proposed site plus the existing traffic volumes were assigned to the existing
street system. This assignment included a detailed assignment of hourly traffic
to the major site driveways.
3. Access Requirements Evaluation. Total traffic demand on the streets serv-
ing the proposed development was evaluated during those periods of the day when
conflicts are highest. Capacity analyses were then performed at the critical
intersections in the vicinity of the proposed development to determine the capa-
bility of the future area roadnet to accommodate the anticipated future volumes.
This evaluation was performed to determine:
a. The need for access points along Fairway Drive.
b. Required roadway widenings or the addition of exolusive intersection
turn lanes, where necessary.
The remainder of this memorandum summarizes the findings of this traffic analy-
sis. Accessibility to the site is described, traffic impacts of the Phase II
development are identified, and the need for roadway improvements with and with-
out Fairway Drive access is discussed.
SITE ACCESSIBILITY
The major factors which determine the accessibility of a site are its geographic
location and the efficiency of the roadway network that will serve patrons living
within the center's area of influence. Road network efficiency is a function of
directness of travel and the traffic capacity available.
b 3
BAR DN- ASCHMAN ASSOCIATES, INC Two Allen Center. Suite 2V0. Houston. Texas 77002 t713t 757 11-10
Area Roadway Network
The major roadways which will serve prospective patrons living within the area of
influence of the proposed center are illustrated on Figure 1. These roadways are
discussed below:
Decker Drive (Spur 330) is a four lane divided, north -south roadway which
connects Interstate Highway 10 to the west side of downtown Baytown. The exist-
ing roadway consists of two, one -way frontage roads which provide access to
adjacent properties. The main lane sections which will be placed between the two
frontage roads are planned for construction by the State Department of Highways
and Public Transportation (SDHPT), but there are no funds committed for the
construction of these main lanes at this time. According to the SDHPT, the
eventual construction of the main lanes is at least ten years away. Traffic
signals are located at the intersections of Decker Drive /Baker Road and Decker
Drive /Fairway Drive. The Decker Drive /Baker Road signals have 75 second cycle
lengths and three separate phases. The Decker Drive /Fairway Drive signals have
70 second cycle lengths and two separate phases. The posted speed limit on
Decker Drive is 55 mph in the vicinity of the site.
Baker Road is presently under construction along the northern boundary of
the Phase I development. It is being widened from a two lane undivided to a four
lane divided cross - section. The major portion of the construction has been
completed east of Goose Creek (from Goose Creek to Main Street) but not yet
opened to traffic. The bridge crossing and the section from Goose Creek to
Decker Drive is scheduled to be completed in the spring of 1982. The posted
speed limit on Baker Road is 45 mph east of Goose Creek and 30 mph west of Goose
Creek. There is also a school zone speed limit of 20 mph on Baker Drive (7:15 to
9:15 AM and 2:00 to 4:00 PM) east of the West Lodge Apartment complex.
Fairway Drive is a two lane, east -west collector street which forms the
southern boundary of the Phase II development. It extends from Decker Drive to
Goose Creek Drive. It has a cross -over on the Decker Drive median to allow for
left turn movements between Decker Drive and Fairway Drive. Along the southern
side of Fairway Drive, there are seven residential street intersections which
serve the Country Club Oaks Subdivision. The Pumphrey Elementary School has
frontage along the northern side of Fairway Drive east of the Phase II shopping
center site. East of Arrowhead Drive, there is a marked school cross -walk on
Fairway Drive serving the school. This cross -walk is patrolled by a school
crossing guard. The posted speed limit on Fairway Drive is 30 mph. Between 7:15
to 9:15 AIM and 2:00 to 4:00 PM, the school zone speed limit is 20 mph. Fairway
Drive "tees" into Goose Creek Drive just south of Baker Road. The Fairway Drive
approach to this "tee" intersection is controlled by a yield sign.
Existing Traffic Volumes
During the last few years, 24 -hour weekday traffic counts have been conducted in
the West Town Shopping Center area by the City of Baytown. These counts are
summarized in Table 1. However, because of traffic volumes fluctuations which
occur throughout the day, these daily volumes only give a general indication of
relative traffic activity on the street system.
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BARYON- ASCHMAN ASSOCIATES, INC. Titio Men Center, Suite 2G40. Houston, Texas 77002 1713! 757 11220
IL
Table 2
DEFINITION OF LEVELS OF SERVICE FOR SIGNALIZED INTERSECTIONS
C
Level of
Service Description Example
A and B No delays at intersections. Smooth progression of traffic. All Residential or rural
vehicles clear in a single signal cycle. streets.
C Moderate delays at intersections. Up to 30 percent probability of Urban streets at off -
delays of one cycle or more at intersections. Satisfactory to good peak hours.
progression of traffic. Occasional backups on critical approaches.
D Approaching unstable flow. Up to 70 percent probability of delays Secondary CBD streets
of one cycle or more at intersections. No progression of traffic. at peak hours. (This
Significant congestion on critical approaches, but intersections is the design Level
functional. No long standing lines formed. of Service for urban
conditions.)
E Heavy congestion. 100 percent probability of delays of one cycle or Primary CBD streets
more at intersections. Unstable traffic flow. Blockages of inter- at peak hours.
sections may, occur if traffic signal does not provide for protected
turning movements.
F Forced traffic flow. Traffic moves in stop - and -go condition. CBD, New York City
Three or more cycles required to pass through intersections. Total during rush hour.
breakdown at intersections with downstream conditions adding to
intersection delays.
Note: Although the Level of Service is computed as an average for the peak hour, the actual operational
characteristics are variable. The worst condition generally lasts only 25 to 30 percent of the peak
hour.
Example: An intersection with a Level of Service "Dtt rating might start the peak hour at Level of Service "C ",
then degenerate to ttDti, then to "Ell or even 'IF" for five minutes or so and then recover to end the hour
at Level of Service ttCn again. On another day, the intersection might operate consistently at Level
of Service "D" throughout the peak hour.
The Level of Service rating is an indication of how the intersection should perform "on the average ".
At unsignalized intersections and at midblock locations along collector streets,
such as Fairway Drive, a maximum volume of 500 -700 vehicles per lane per hour can
generally be considered appropriate without creating significant delays on the
cross - street approaches or congestion on the collector street itself The
maximum volume per lane per hour occuring on Fairway Drive today is about 320
vehicles westbound during the morning peak hour (6:45 to 7:45 AM). Based on the
peak period turning movement counts, it is estimated that about 240 of these
vehicles are traveling between westbound Baker Road and southbound Decker Drive -
using Fairway Drive as a connecting road. It is apparent that some of these
motorists are using Fairway Drive to avoid construction activity on Baker Road
while others are attempting to avoid potential delays at the Baker Road /Decker
Drive intersection. In any case, it is likely that some portion of these 240
vehicles will divert off Fairway Drive after the completion of the Baker Road
construction and thereby provide additional reserve capacity on Fairway Drive.
PHASE II DEVELOPMENT TRAFFIC IMPACTS
The traffic impact of the proposed shopping center expansion on the street
network was determined based on surveys conducted at the existing Phase I center.
These surveys identified the directional distribution of travel, for shopping
center patrons and the numbers of vehicles generated by the center during the
design hours of traffic activity.
Directional Distribution of Traffic
A convenience or neighborhood shopping center of the size proposed generates two
types of trips: motorists traveling between the center to and from their homes
and motorists traveling from work, to the center, and then to their homes (or
vice versa). Because this second trip type is usually very significant, the
percent of vehicles inbound to the center on a particular route is not necessar-
ily the same as the percent of vehicles outbound from the center on that route.
Based on the peak period counts conducted at the Phase I shopping center drive-
ways, the directions of approach and departure for shopping center traffic at
West Town were determined. As shown on Table 3, more shopping center patrons
approach the shopping center from Decker Drive (north and south) than depart the
center onto Decker Drive (north and south). In the morning rush hour, this
difference was at least ten percent (30 percent and 15 percent inbound versus 23
percent and 12 percent outbound). In the evening rush hour, the difference was
at least 15 percent (27 percent and 17 percent inbound versus 18 percent and 11
percent outbound). These estimates of motorists who stop at the shopping center
between home and work are considered - conservative because surveys at other cen-
ters have shown greater than 30 percent of the patrons divert from the roadways
for impulse purchases. In any case, this distribution of shopping center trips
on the roadway network can be used for purposes of determining Phase II traffic
distribution because the same market area will be served by the Phase II develop-
ment as is served by the Phase I development.
2 Sources: "Transportation and Traffic Engineering Handbook" and "A Policy
on Design of Urban Highways and Arterial Streets ".
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BARYON ASCHMAN ASSOCIATES. INC. Two Allen Center. Suite 2640. Houston, Tcnos 77002 (713) 757 1 120
Table 3
EXISTING DIRECTIONS OF APPROACH /DEPARTURE - PHASE I WEST TOWN SHOPPING CENTER
Percent of Shoppin& Center Traffic
AM PM
Roadway In Out In Out
Decker Drive - South 30 23 27 18
' Decker Drive - North 15 12 17 11
Baker Road - East 28 39 36 48
Baker Road - West 23 23 17 18
Country Club Oaks Subdivision 4 3 3 5
Total 100% 100% 100% 100%
Future Traffic Volumes
Future traffic in the vicinity of the site will consist of two components:
traffic generated by the Phase II shopping center itself and existing traffic on
the roadway network. The factors which determine the quantity of traffic gener-
ated by a center of this type are the size and "mix" of the development and the
extent to which the automobile is used as the predominant mode of travel. Be-
cause of the unavailability of public transit in the area, no site - generated
person -trips were assigned to the transit mode.
Table 4 presents the peak -hour traffic volumes which are generated by the exist-
ing center. These volumes were converted to generation rates (also shown on
Table 4). These rates are comparable to those recorded at other shopping centers
of similar size and were therefore considered to be appropriate for predicting
Phase II volumes.
Table 4
PHASE I PEAK HOUR TRAFFIC GENERATION
Existing Generation Rates(2)
(Vehicle -trips per thousand
Shopping Center Vehicles feet GLA)
Peak Hours In Out In Out
7:45 - 8:45 AM
4:45 - 5:45 PM
(1) Excludes delivery
driveways of the
and 3, 1981.
136
93
1.12
0.77
304
393
2.50
3.24
vehicles. Based on actual counts conducted at the major
existing West Town Shopping Center (Phase I) on December 2
(2) Based on 121,443 square feet of occupied GLA.
0
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BARTON-ASCHMAN ASSOCIATES, INC. Two Allen Center. Suite 264Q Hutis"i. Texas 77W2 1 7 1 3) 757 1120
The Phase II center will consist of 158,735 square feet of GLA. Due to its
similar size to the Phase I development, it is likely to have similar traffic
generating characteristics. Thus, the Phase I generation rates were applied to
the Phase II development size to derive an initial estimate of future site
traffic. This initial estimate was then reduced by factors of 10 percent (AM)
and 15 percent (PM) to account for the minimum portions of Phase II traffic
anticipated to be diverted off the roadway system (i.e., traveling between work,
shop, and home). The resulting volumes of traffic to be generated by the Phase
II development are as follows:
AM Peak Hour: 160 vehicles inbound; 110 vehicles outbound
PM Peak Hour: 340 vehicles inbound; 440 vehicles outbound
This traffic was then assigned to the roadway network in accordance with the
directions of approach and departure shown on Table 3 and added to the existing
peak hour volumes at the critical intersections in the vicinity of the site.
These traffic estimates are conservatively high for two reasons:
- It has been assumed that the peak AM and PM shopping center hours (shown
on Table 4) coincide with the peak hours of intersection activity (6:45
to 7:45 AM and 5:00 to 6:00 PM). This does not actually occur.
- The potential for reducing Phase II new vehicle -trips due to dual -
purpose trips taken.by motorists to both centers was not considered.
Thus, the resulting future traffic assignments can be considered to be worst -case
situations in terms of deleterious traffic impacts on the roadway network.
FAIRWAY DRIVE ACCESS REQUIREMENTS
The projected design hour traffic volumes which resulted from the analysis de-
scribed above allow the traffic impact of the West Town Phase II development to
be accurately determined. Three issues related to site traffic impacts on
Fairway Drive were investigated: (1) automobile traffic congestion; (2) vehicle -
pedestrian conflicts; and (3) delivery vehicle activity.
Automobile Traffic Congestion
If a driveway serving the Phase II development is provided on Fairway Drive, the
maximum total volume per lane per hour on Fairway Drive could increase to about
460 vehicles in an eastbound direction during the evening peak hour. This volume
is below the 500 -700 vehicle per hour design limit typically considered accep-
table for a collector street (discussed previously in this memorandum). The
westbound morning peak hour volume on Fairway Drive will only increase from 320
to 360 vehicles per lane per hour. The actual maximum volumes will probably be
less because of the potential diversion of traffic from Fairway Drive to Baker
', Road after completion of the Baker Road construction.
Assuming that Fairway Drive access is available to Phase II patrons, the Decker
Drive /Fairway Drive intersection will operate at Level of Service B during the
morning rush hour and at Level of Service C during the evening rush hour. The
Decker Drive /Baker Road intersection will continue to operate at the current
E
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BARTM- ASCHMAN ASSOCIATES, INC Two Allen Center, Suite 2640. Houstw. Texas 77002 (713) 757 1120