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1983 05 12 CC Minutes30512 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 12, 1983 The City Council of the City of Baytown, Texas, met in regular session on Thursday, May 12, 1983, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the follow- ing attendance: Fred T. Philips Jimmy Johnson Perry M. Simmons Mary E. Wilbanks Roy L. Fuller Allen Cannon Fritz Lanham Larry Patterson Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was called to order with a quorum present. After the invocation was offered, the following business was transacted: Consider Minutes for Special Meeting Held April 27, 1983 and the Regular Meeting Held April 28. 1983 Councilman Philips moved for approval of the minutes for the special meeting held April 27, 1983 and the regular meeting held April 28, 1983; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Cannon Nays: None Receive Petitions No petitions were presented. City Manager's Report CETA Summer Jobs Program - The registration held in Baytown for the CETA Summer Jobs Program was very successful with 130 persons registering for jobs; 90 met the criteria and will be considered for summer employment. Sixty positions will be sponsored by the city, the school district, the YMCA and Lee College. For those who were unable to register but are interested, there will be an additional registration on Saturday, May 14 from 9:00 a.m. to 1:00 p.m. at the TEC Building at 9937 Homestead Road in Houston. 30512 -2 Minutes of the Regular Meeting - May 12, 1983 Clean City Commission - Council was provided with a copy of the Keep America Beautiful Week Report which reflected a very successful week of activities. Planning Commission - The Planning Commission has requested a work session with Council to receive possible input from Council on extension of city facilities should the planning area be extended to Interstate 10. Another matter that the Administration felt needed to be discussed in a work session was the possibility of Baytown joining with Harris County in the establishment of an educa- tional loan program for Harris County. This is the only metropolitan county in the state without an educational loan program. This type program must be established by a city. If Baytown should elect to do this, Baytown could contract with the county to make the program available to students throughout the county. Without this type program in Harris County, the high school graduate who desires to attend college in Harris County is not eligible for a student loan. There is a program under which bonds can be sold to make this program available and there is no liability on the part of the city. Banks are no longer interested in providing this service; therefore, laws have been adopted which permit cities to establish a non - profit corporation, appoint a board, and sell bonds to make student loans available. The Administration will ask Mr. Masterson and attorneys to be present to discuss this with Council. Harris County is very interested in establishing this program with the city. The city's role after establishing the program would be to appoint the board members. This would be the same type arrangement that is in existence for housing loans. The bonds would be federally guaranteed; therefore, there is absolutely no liability to the local taxpayers. There is a criteria established in order for a student to qualify for a loan. Council scheduled a work session for Tuesday, May 24, at 5:00 p.m. to meet with the Planning Commission and to discuss the possibility of the City of Baytown establishing an educational loan program for Harris County. Houston - Galveston Area Council - A map which had been prepared by Houston - Galveston Area Council indicating the travel time from various parts of the county to downtown Houston was posted in Council Chamber. The map indicated that the travel time from Baytown to downtown Houston is less than from other parts of the county. This should help to attract residential development in Baytown. The report also indicated that several projects that are of interest to residents of Baytown are in the 20 -year plans of the state highway department. Loop 201 from Hunter to Ferry Road is scheduled for completion in 1987. That project is scheduled to have the contract let in September, 1983. Also, in the 20 -year plan is State Highway 225 to Loop 201. That project is expected to be constructed during the period 1987 to 1990 and the completion of Loop 201 is scheduled for the years 1990 -2000. Councilwoman Wilbanks inquired if the City of Baytown's Planning Department agreed with the information provided for Decker Drive. Bill Cornelius, Director of Traffic and Planning, stated that he had not reviewed the report, but the data will be reviewed. 30512 -3 Minutes of the Regular Meeting - May 12, 1983 Drainage - Drainage work being conducted in the Pringle /Rotan Subdivision is approximately eighty -five (85 %) percent complete. Specifically, East Francis is complete; Alva is nearing completion and Hines is about fifty (50 %) percent complete. Dayton Street is complete and the work on Surrey is about ninety -five (95 %) percent complete. East Lobit is about fifty (50 %) percent complete. Sliplining - The contractor on Phase II of the sliplining project is working in the West Sterling area just west of Pruett Street where 600 feet of the 2,000 feet needed has been installed. The two contractors in the Lakewood area are very close to completing the work. On Contract No. 2, a final inspection is expected in about ten (10) days. Contract No. 3 should be completed within a week. Therefore, both contracts should be completed by the end of May which will complete all the work in the West District that was being constructed with grant funds. The total of all the work in the West District including the plant is about $7,000,000; $5,500,000 is EPA money and $1,500,000 is local funding. Quail Hollow Lift Station Modifications - About one -third of the work has been completed on the Quail Hollow Lift Station Modifications. Questions /Comments of Council Councilman Philips commended the Planning Commission for bringing to the attention of the Administration the problem of construction taking place without plats being finally filed. Mr. Lanham, in response to an inquiry from Council, stated that the Administration is presently working on other areas that will need ordinance change. Councilman Fuller pointed out that the City has the legal right in the event a contractor does not conform to city requirements to tear out the newly constructed facility. Mr. Lanham emphasized that his directive will delay some projects and that Council would be hearing from these developers; however, he felt that this is something that needs to be done. In response to an inquiry from Councilman Johnson, Randy Strong, City Attorney, stated that he had not received a copy of the final legislation on billboards, but when he did he would report to Council on how that legislation would affect the City of Baytown's ordinance. Councilman Simmons mentioned that he had received a call from a gentleman at 2104 Carolina concerning brush pickup. Mr. Lanham stated that the brush pickup schedule is on a three week basis. Councilman Fuller mentioned the meeting of Harris County Mayors' and Councilmen scheduled for May 19 and that he would hope that the City of Baytown Council would make every effort to support this group. 30512 -4 Minutes of the Regular Meeting - May 12, 1983 Consider Request of Hoesch Tubular Products Company for Exemption Under Resolution No. '767 Mr. Wolfgang Schmidt, President of Hoesch Tubular Products Company, requested exemption as provided under Section 6 of Resolution No. 767 for new manufacturing industries. The Hoesch Company is located at 2600 Spur 55. The company is a manufacturing facility for endfinishing and normalizing of tubing and casing with approximately seventy people in its employ. The majority owner of the company is Hoesch America, Inc., a Georgia corporation, which in turn is controlled by Hoesch Werke AG, a German company. Until recently, the company was being directed from abroad. Wolfgang Schmidt became President of the company on April 11 1983, and Max Tejeda became Executive Vice - President. Councilman Philips stated that the provision of the Industrial District Resolution is to recognize new industry and he felt the request of the company is consistent with the provision of Section 6 of the resolution; therefore, he moved that the request of Hoesch Tubular Products Company for exemption under Resolution No. 767 be approved; Council- woman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Cannon Nays: None Councilman Fuller inquired if Mr. Schmidt agreed that his company would sign the Industrial District Agreement at the end of the four -year period. Mr. Schmidt replied in the affirmative. Hear Report on Community Development Activities Jerry Fletcher, Community Development Co- ordinator, highlighted some of the items included in the Community Development Report on the Community Development Block Grant Program. A copy of that report is on file in the office of the City Clerk, as well as the office of Community Development. After Mr. Fletcher had completed his review of the report, Councilman Johnson inquired concerning the request made at the public hearing for a community building. Mr. Fletcher responded that the staff had not recommended that a community building be constructed and the board had concurred with that recommendation. The staff's recommendation is based on the fact that the Community Center is in such close proximity to the suggested neighborhood center and the fact that room rental at the Community Building is so reasonable. Councilman Johnson responded that from what he gathered, the Community Building is not utilized by persons from the lower socio economic groups and that he could understand the desire of the people to have a place in their own community to utilize. Mr. Fletcher pointed out that if the City elected to construct a community building in the neighborhood, the city would be required to furnish funding for maintaining that structure because HUD does not furnish any funds for that purpose. N 30512 -5 Minutes of the Regular Meeting - May 12, 1983 Councilwoman Wilbanks inquired if applications were being sought for rehabilitation of homes. Mr. Fletcher responded that at this particular time, applications for rehabilitations of homes were being accepted and placed on hold until further funding. Council thanked the Community Development Advisory Committee and staff for its efforts. Consider Request to Change Name of Martin Luther King Street to Oak Street Two maps were posted in the Council Chamber which depicted the areas where persons resided who had signed both the first petition to change the name of Oak Street to Martin Luther King Street and the second petition to change the name back to Oak Street. The petition received in 1981 contained the names of approximately 50 signers who resided in the area, while the petition recently filed contained 232 signers, but not all those persons reside in the area. Councilman Philips stated that as he had reviewed the request, he felt that he was looking at only part of the request because he would rather go ahead and look at the petition on the basis of if Council changed the name back to Oak Street, what other street would be appropriate to be named Martin Luther King. He felt that Council should be considering the whole picture rather than looking at one segment at the time. Councilman Fuller concurred that it would be difficult for Council to make a decision at this time since Council would need more information on which to base a decision. Councilman Johnson asked that Mr. Jones, the presenter of the second petition, step forward to inform Council what street his group would have in mind to be named Martin Luther King Street. Mr. Jones responded that at this time, the neighborhood council did not have a definite street in mind. The group would like a boulevard to be named for Mr. King. However, as far as Oak Street is concerned, the group felt that the atmosphere in the area of Oak Street is not that which Mr. King represented. Mr. Jones stated that he is the chairman of the Tri- Cities Young Adult Council and that that group does not favor the street being named for Mr. King. Mr. Jones stated that he was completely unaware that the first petition had been circulated and he did not feel that 50 people can speak for a neighborhood of 1100 or more people. Mayor Cannon mentioned that a possible solution could be to see that the street is cleaned up to represent Mr. King's ideals. Mr. Jones stated that after getting the name changed back to Oak Street, the neighborhood council intended to work on cleaning the street up. Mr. Jones added that he felt by taking the name Oak away from Oak Addition would be taking something away from Oak Addition itself. Mayor Cannon explained that there was a great deal involved with the change of a street name such a notifica- tion to various entities involved and the necessity of the residents to change addresses on all their correspondence. 30512 -6 Minutes of the Regular Meeting - May 12, 1983 Mr. Jones felt that if a portion of Oak Street were to remain named for Martin Luther King, that the entire street from beginning to end should be changed to reflect the name Martin Luther King. He couldn't understand why the street name had only been changed from Gentry Street to Riggs Street to begin with. Mr. Jones stated that he would have no disagreement with the entire street being named Martin Luther King because the neighborhood council would clean the street up. Several Council members stated that they were interested in getting the problem worked out because it had not been very long ago that Council had been presented with a petition to change the street name which was done in good faith and now Council is being faced with another petition. Mr. Jones said he felt that the residents of the community would want the entire street to be named Martin Luther King. The point was made that the signers of the petition had asked that the street name be changed back to Oak Street; therefore, Council felt that the position of the residents of the area was still unclear since Mr. Jones had indicated that perhaps the residents would really want to have the entire street named for Mr. King. Mayor Cannon suggested that Mr. Jones go back and get with his group in order that a unified presentation can be made to Council. If cleaning up Oak Street would provide proper reverence for Martin Luther King, then Council will do all that it possibly can to help with cleanup. If the request is to change the name of the street, Council will address that issue. Also, if the group desires that another street be named Martin Luther King Street, then Council would want to address that issue. However, if the group does desire to have another street named, the current petition does not address that issue. The pastor of Central Heights Church of Christ addressed the Council to state that he did not feel that the street named for Martin Luther King gave Mr. King the proper repre- sentation. He agreed that the street should be cleaned up, but he felt that the street should be renamed. Since there were no other persons desiring to speak to the issue, Mayor Cannon moved to the next item. Consider Proposed Resolution No. 839, Supporting Legislation Strengthening the State Law Regarding Driving While Intoxicated Councilman Simmons stated that he felt the resolution to be a very strong emphatic resolution and he commended the City Attorney's office for drafting the resolution; however, he did question the timeliness of the resolution considering the stage that the legislature is in. While talking about DWI, he felt that if Council is really concerned about doing something about the DWI problem, there is a local problem, as well as a county -wide problem. In that context, Councilman Simmons referenced the breath test supervision program which has been funded federally and which has been administered by the North Harris County College. This program has a breath 30512 -7 Minutes of the Regular Meeting - May 12, 1983 test technical supervisor who certifies all the operators of nine stations in Harris County that have an intoxilyzer. These federal funds will expire on September 30; therefore, North Harris County College approached Harris County about possibly picking up a part or half of their $53,000 budget. In the letter that was addressed to Commissioners Court, the point was made that without this program, the blood alcoholic level evidence obtained by use of the breath test instruments commonly known as intoxilyzers will not be admissible in court. When a suspected DWI is brought in, after being tested, if the test indicates .10 the person is legally intoxicated. If this program is not funded, there will be a very serious problem with proving up DWI cases in court. Commissioners Court has granted $30,000 to the college contingent upon the college raising the remainder from other sources. The college has approached Galveston County and as yet, there is no indication what Galveston County will contribute; however, the amount probably will be minimal since there is only one station in Galveston. The college will approach Mothers Against Drunk Drivers. Cancellation of this program will seriously jeopardize enforcement of DWI charges in Harris County and in Baytown. The resolution is to s trenghten any legislation that would help in this area, but no matter how strong the legislation is if there is no enforcement, these offenders will not be convicted. Chief Henscey verified that without the program, the police department would not be very successful in filing a DWI charge. The breath test supervisor certifies the machines and appears on every DWI case to testify. Councilman Simmons stated that there is a problem locally which would nullify any legislation if there is no enforcement. Therefore, he moved to table the resolution and place an item on the next regular Council agenda to consider and discuss the necessity and the feasibility of the City of Baytown making a financial commitment or contri- bution to sustain the breath test supervision program Councilman Philips stated that Council had already gone on record in consort with Texas Municipal League at the be- ginning of the session when the inpact was strongest as a supporter of legislation regarding driving while intoxicated. Mayor Cannon stated that he could see no problem with adoption of a resolution to let Baytown's representatives know that the City Council of the City of Baytown is on record for strong DWI legislation. Councilman Fuller seconded the motion. Councilman Johnson inquired as to the procedure if Council tabled an item. The City Attorney explained that the item could be placed back on the agenda by vote of Council. Councilman Philips inquired if Council had specifically requested that Baytown's representatives support the pothole bill. Mr. Lanham responded that Council formally took action on the pothole bill and others, but had not taken formal action concerning DWI legislation. However, this was part of the TML legislative program which was specifically aimed at penalties for driving while intoxicated such as revoking the license for any individual -who would refuse to take the breath test, increase the maximum DWI penalty from $500 to 30512 -8 Minutes of the Regular Meeting - May 12, 1983 $2,000, establish a mandatory jail term for any person convicted of DWI twice within a five -year period and establish longer jail terms and license suspension for repeat offenders. That is what TML started supporting, but probably there have been numerous changes since the session began. Several bills have been introduced. Mayor Cannon inquired what had City Council endorsed as far as DWI legislation. Mr. Lanham responded that the Council has formally taken no action. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Fuller Nays: Councilman Johnson Mayor Cannon Consider Authorization to Advertise for Sale of Property at 129 North Bayshore Drive At the time the owner of 129 North Bayshore Drive dedi- cated that lot to the City of Baytown, the plans were that the Brownwood area would be cleared under the buy out program. The city has no use for the lot and must currently maintain the lot. The next door neighbor to the lot has indicated a desire to purchase the lot. The Administration requested authorization from Council to advertise for sale of the lot at 129 North Bayshore Drive. Councilman Johnson moved to authorize the Administration to advertise for bids for sale of the lot at 129 North Bayshore Drive; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Cannon Nays: None Consider Plans and Specifications for Rollingbrook Drive Extenstion and Authorize Advertisement for Bids Johnnie Busch with the firm of Busch, Hutchison and Associates was present to discuss plans and specifications for Rollingbrook Drive extension. Rollingbrook will be ex- tended from near Decker Drive across the undeveloped property and connect back to Garth Road. The street will be a fifty - one (51') foot wide street consisting of two lanes of traffic in each direction with a continuous left turn lane. There is also a bridge incorporated in the construction plans across Goose Creek Stream. Extensive drainage appurtenances have been planned for the project - -storm sewers, box culverts, inlets, ditches, etc. There is no median for a majority of the street, but there is a channelization median near Garth Road to provide a left turn slot, along with a transition section along the west end of the project. The thickness of the roadway is slightly heavier than what is customary for Baytown. Historically, thoroughfares in Houston, Harris County and Baytown have consisted of seven (7 ") inches of concrete pavement over lime stabilized subgrade. The seven (7 ") inches of concrete pavement is not adequate in some cases; 30512 -9 Minutes of the Regular Meeting - May 12, 1983 therefore, the criteria for the thickness of Rollingbrook was taken from the American Association of State Highway officials. This road is expected to generate very high volumes of traffic; therefore, the engineers are proposing nine (9 ") inch thick reinforced concrete pavement over lime stabilized subgrade. The specifications call for very specific perimeters of compaction which are very similar to those used by the state highway department and other agencies. The drainage system for this project has been designed to carry a 25 year storm. A new outfall ditch will be constructed which will discharge the drainage from that area to Goose Creek Stream. The estimated cost for the project without right of way purchases is $3,736,443. If Council authorizes advertisement for bids, Council should be able to award a contract by June 9. Councilman Philips moved to approve the plans and specifications for Rollingbrook Drive Extension and to authorize advertisement for bids; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Cannon Nays: None Consider Sesquicentennial Master Plan The Sesquicentennial Committee Chairman, Sam Bramlett, and one of the Vice Chairpersons, Barbara Hinds, along with Bobby Rountree, Director of Parks and Recreation, were present in the audience. Each had worked on the Sesquicentennial Master Plan. Bobby Rountree explained that one of the criteria for Baytown to be established as an "Independence Community" is to set up a structure. Part of this includes the organizational chart which is attached to the master plan, as well as the plan itself. However, the master plan is only a guide since work will be progressing through the year 1986. As work progresses, the plan will become more specific. The Sesquicentennial Logo Contest is currently in progress which will allow all Baytown's activities to be identified with Texas' 150th Birthday. The winner of the logo contest will receive a plaque and recognition since this logo will be used throughout these next few years. Sam Bramlett, Chairman, introduced Mrs. Hinds and stated that Roy Fuller, Jr. was also serving as a Vice Chairman. He mentioned that there are others who will be nominated to fill the various vacancies. He stated that the committee would be back to report on activities and ask for help if necessary. Many organizations have already begun work -- Ster- ling Municipal Library, the Bay Area Heritage Society, etc. In the year 1986, there will be continuous activities planned. Councilman Fuller moved for approval of the Sesquicen- tennial Master Plan; Councilman Simmons seconded the motion. Councilwoman Wilbanks mentioned that if the committee felt that money would be needed for the fiscal year 1983 -84, plans should be made to include that request in the proposed budget for Parks and Recreation. Mr. Rountree stated that a grant had been applied for in this regard. The vote follows: 30512 -10 Minutes of the Regular Meeting - May 12, 1983 Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Cannon Nays: None Consent Agenda Mr. Lanham corrected Item g to reflect a total final project cost of $128,165.75 which represents an overrun of $295.75. In response to an inquiry from Council, Pete Cote, Purchasing Agent, explained that it has became necessary to rebuild the meter vault at Lee College because city crews are unable to gain access to the vault. It is standard operating procedure for the city to perform this service. Councilman Philips requested that Consent Agenda Item f be removed from the Consent Agenda to be considered separately, Council considered Consent Agenda Items a through a and Item g as follows: a. Proposed Ordinance No. 30512 -1, will award the contract for boring of driveways along Felton Street. Three (3) bids were received. Doc's Road Boring, Inc. submitted the low bid of $3,969.50. We recommend the low bidder, Doc's Road Boring, Inc. be awarded this contract. b. Proposed Ordinance No. 30512 -2, will award the annual C- 900 -81 PVC Water Pipe Contract. Four (4) bids were received. Western Pipe & Supply submitted the low bid of $23,800. We recommend the low bidder, Western Pipe & Supply, be awarded this contract. C. Proposed Ordinance No. 30512 -3, will award the bid to rebuild the meter vault at Lee College. Only one bid was received on this project. Artex Construction Co., Inc. bid $6,455. Council has budgeted $10,000 for this project. We recommend the low bidder, Artex Construction Co., Inc., be awarded this contract. d. Proposed Ordinance No. 30512 -41 will award the annual installation of traffic signal equipment contract. Two (2) bids were received. Baytown Electric submitted the low bid of $31,390. We recommend the low bidder, Baytown Electric, be awarded this contract. e. Proposed Ordinance No. 30512 -5, will award the bid for a pothole patcher -- chassis mounted. Two (2) bids were received. Jim Ball International submitted the low bid as per our specifications on the lease /purchase arrangement of $40,735.81. We recommend the low bidder, Jim Ball International, be awarded this contract. 30512 -11 Minutes of the Regular Meeting - May 12, 1983 g. Proposed Ordinance No. 30512 -7, authorizes the final payment for 1982 Sanitary Sewer Sliplining Phase II. Naylor Industries, Inc. has completed the work in accordance with the contract plans and specifications. The original contract amount was for $127,675.50. One change order in the amount of $194.50 was approved. This brought the adjusted contract amount to $127,870. Payments in the amount of $111,911.92 have already been made to Naylor Industries. The amount of final payment is $16,253.83. We recommend final payment in the amount of $16,253.83 be made to Naylor Industries, Inc. Councilman Philips moved for approval of the Consent Agenda Items a through g; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Cannon Nays: None ORDINANCE NO. 3619 AN ORDINANCE ACCEPTING THE BID OF DOC'S ROAD BORING, INC., FOR THE BORING OF DRIVEWAYS ALONG FELTON STREET AND AUTHOR- IZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND NINE HUNDRED SIXTY NINE & 50/100 ($3,969.50) DOLLARS. (Proposed Ordinance No. 30512 -1) ORDINANCE NO. 3620 AN ORDINANCE ACCEPTING THE BID OF WESTERN PIPE & SUPPLY FOR THE ANNUAL PVC WATER PIPE CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY THREE THOUSAND EIGHT HUNDRED & N01100 ($23,800.00) DOLLARS. (Proposed Ordinance No. 30512 -2) ORDINANCE NO. 3621 AN ORDINANCE ACCEPTING THE BID OF ARTEX CONSTRUCTION CO., INC. TO REBUILD THE METER VAULT AT LEE COLLEGE AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SIX THOUSAND FOUR HUNDRED FIFTY FIVE & N01100 ($6,455.00) DOLLARS. (Proposed Ordinance No. 30512 -3) ORDINANCE NO. 3622 AN ORDINANCE ACCEPTING THE BID OF BAYTOWN ELECTRIC CORPORATION FOR THE ANNUAL INSTALLATION OF TRAFFIC SIGNAL EQUIPMENT CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THIRTY ONE THOUSAND THREE HUNDRED NINETY & N01100 ($31,390.00) DOLLARS.- (Proposed Ordinance No. 30512 -4) 30512 -12 Minutes of the Regular Meeting - May 12, 1983 ORDINANCE NO. 3623 AN ORDINANCE ACCEPTING THE BID OF JIM BALL INTERNATIONAL FOR THE PURCHASE OF A CHASSIS MOUNTED POTHOLE PATCHER AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FORTY THOUSAND SEVEN HUNDRED THIRTY FIVE & 81/100 ($40,735.81) DOLLARS. (Proposed Ordinance No. 30512 -5) ORDINANCE NO. 3624 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO NAYLOR INDUSTRIES, INC., FOR THE 1982 SANITARY SEWER SLIPLINING, PHASE II AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 30512 -7. For bid tabulations, see Attachments "A" through "E." Consider Proposed Ordinance No. 30512 -61 Authorizing Final Payment for 1982 Street Improvement Program In response to an inquiry from Council, Mr. Lanham clarified that the original contract was awarded for the amount of $524,503.20, but two change orders had been presented to Council which totaled $89,071.55, bringing the adjusted contract to $613,574.75. Total work performed to date is for the amount of $700,223.64, thus resulting in an overrun of $86,648.89 or 14.12 %. Most of the overrun is comprised from additional curb and gutter work on Aron, Gresham, and West James, plus additional hot mix asphalt that was used when overlaying Pecan Manor, Pecan Street, Cedar, Bayou and Elton. Additional concrete driveway replacement was necessary on Gresham and West James. The Administration emphasized that this is not an unusual occurrence on street improvement programs because it is very difficult to estimate quantities until the work actually begins; therefore, usually, specifications are drawn on basis of minimum requirements. Councilman Philips moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Cannon Nays: None ORDINANCE NO. 3625 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO SRRLA, INC., FOR THE 1982 STREET IMPROVEMENT PROGRAM, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Appointment to Council District No. 5 Councilman Johnson placed into nomination for appointment to Council District No. 5, Mr. Gerald E. Dickens, 201 West Jack. Councilman Johnson stated that he had been concerned about Mr. Dickens' age until he had spoken with him for 1h hours. He mentioned that Mr. Dickens is 25 years old and 30512 -13 Minutes of the Regular Meeting - May 12, 1983 that he is Precinct Judge for Precinct 99. Mr. Dickens is fluent in Spanish, French and German and is a graduate of Ross Sterling. He attended Texas A &M, but upon the death of his father, he moved back to Baytown to work for U. S. Steel as German interpreter. Presently, Mr. Dickens is employed by Anchor Realty. Mayor Cannon recognized Mr. Joe Lorenz, a resident of Council District No. 5, who stated that he felt that the law should be changed so that if an office holder desired to run for another office, it would be mandatory that that person resign to do so. Mr. Lorenz stated that probably the young man who was nominated would make a fine Council person, but the citizens of District No. 5 would now have a representative who was appointed by Council, rather than elected by the people. Councilwoman Wilbanks stated that she had heard this from others also; Councilman Fuller concurred that he felt this gentleman had a good point and at a later time he would like to address this issue. Mr. Lanham pointed out that the Charter would need to be amended in order to provide for an election should a vacancy occur. Councilman Philips seconded the motion. He said that he had visited with Mr. Dickens and had found him to be politically aware. Councilman Johnson suggested that if Council did appoint Mr. Dickens that the Mollie Knowlton Civic Association might like to invite him to a meeting of that group. Councilman Fuller pointed out that the persons being considered has some youth which is a good opportunity for Council to interrelate with the younger segment of the community. In response to an inquiry from Mr. Lorenz, the City Attorney stated that in order to have the Charter amended, citizens would need to circulate an initiation petition to call an election for Charter amendment, or City Council could call such an election on its own. Mr. Lorenz requested that City Council consider calling an election for the purpose of amending that provision of the Charter. Mayor Cannon pointed out that this was not the first occurrence of a vacancy on Council being filled by Council appointment. Eileen Caffey had been appointed to Council District No. 2 when Mayor Hutto was elected. Councilman Cannon stated that he did not personally know Mr. Dickens and that he would have another name to place in nomination if he were not serving as Mayor; therefore, he would vote against the appointment. The vote follows: Ayes: Council members Philips, Johnson, Simmons and Fuller Nays: Mayor Cannon Abstained: Councilwoman Wilbanks 30512 -14 Minutes of the Regular Meeting - May 12, 1983 Consider Appointments to Baytown' Traffic Commission Councilwoman Wilbanks moved that Frank Hinds be appointed to the Baytown Traffic Commission and that Buddy Bean and Vernon Hill be reappointed; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Cannon Nays: None Consider Appointments to Auto Wrecker Committee Councilman Johnson moved to reappoint Jack Kimmons, Robert Walton and James Owens to the Auto Wrecker Committee; Counciman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Cannon Nays: None Mayor Cannon stated that regarding appointments, he would like to discuss at some future meeting, the guidelines for citizen participation. Recess Into Executive Ses's'ion to Di's'cuss Contemplated' Litigation The open meeting was recessed into executive session to discuss contemplated litigation. When the open meeting reconvened, the following business was conducted: Consider Proposed Ordinance, Authorizing the City Attorney to Make Offer for Land Acquisition for Location of Elevated Water Tower The Administration recommended that Council authorize land acquisition for location of the new elevated water tower with certain conditions. The City Attorney explained that the ordinance as proposed would authorize the purchase of the approximately one -acre tract from Sammie G. Hughes for the sum of $11,825 subject to the city having a title policy issued. The owner of the property has not completed payment of the property and there is a lienholder that releases will be required from. Another contingency would be that the city will need to check with its insurance company regarding the close proximity of pipelines. Councilman Simmons moved for adoption of the ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Cannon Nays: None 30512 -15 Minutes of the Regular Meeting - May 12, 1983 ORDINANCE NO. 3626 AN ORDINANCE AUTHORIZING THE PURCHASE OF APPROXIMATELY 1 ACRE OF LAND AS HEREIN DESCRIBED FROM SAMMIE G. HUGHES OR THE TRUE OWNER THEREOF, FOR THE SUM OF $11,825.00 DOLLARS; AUTHORIZING PAYMENT BY THE CITY OF THE PURCHASE PRICE THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Adjourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk Attachment "A" CITY OF BAYT0WN BID RESULTS TITLE: Boring of Approximately 19 Driveways Along Felton Street J�- BID No.: 8304718 DATE: May 5, 1983.@ 10 a.m. CONTRA C T O R Doc's Road Boring Boring and Tunneling Co. Pennington Road Boring << A M O U N T $3,969.50 4,203.00 4,670.00 C I T 0 B AYTOtiYN C. B I D T A B U L A T I O N Attachment "B" 1'ITLI:,: Annual C- 900 -81 PVC Water Pipe Contract DID #: 8304 -19 DATN: May 6, 1983 @ 10 a.m. Hnnetnn PRICE Beaumont Houston PRICE PRICE 1'IZICI•: Meet AWWA C- 900 -81 PVC water pipe specifications and. shall have the following: Nominal size - 6" and 8" OD base - IPS Pressure class - 150 psi ti Pipe shall have bell type•pipe ends designed for joint,,,. assembly using elastomeric seals. 1 6,000 L.F. 6 inch 3.10 18,600 3.38 20,280 3.70 22,200 2 1,000 L.F. 8 inch 5.20 5,200 5.53 5,530 6.10 6,100 (A) Prices are firm for 30 days after bid date, after which they are subject to escalation based on price in effect time of shipment. (b) Bid price firm for 60 days. Escalation will be according to Certain Teed.Manufacturers percent of increase or decrease. (A) 23,800 (B) 25,810 28,300 T 0 T A L S Western Pipe & Supply Golden Triangle The Rohan Co. ITEM QUANTITY D E S C R I P T I O N UNIT EXTENDED UNIT EXPENDED UNIT hX'fF.NUL•:U • . i� U l.% C 1 a R R w n x R A rr' � Q ico n r � _ N �n z oo c) D - 3 .Dy r • n --I c m p m0— w m c z (< cl h (� C 0 Z m •Vl N mxm (' p C') ;o m 3 O m - m < _ -a r "0 m C 'r, 3 m G � � � V � vA D z < r v m 0 3 m n m .. n • D n ci Ln Z r� N �, CD 0• > N > CA �C D N h: i X m m O , CD n n r to sn .� m z Un un -� O O 0 Z O O O o� o zz i� U l.% C 1 a R R w n x R A Gar Y d � �3a Y ?'o +� N Attachment "D" � i LL;_ ANNl1A1 INSTAI I ATI[1N of TRAFFir'sirNAL EQUIPMENT CONTRACT �jD TABULQ710N 31 D� as34 -57 , )�i-E; • Apri 1 21 , 1983 2:00 P.M. r�11'f QTY DESCRIPT1pN BAYTOWN ELECTRIC MICHELLE ELECTRIC .UItt1T FXTFlVD£D Unr1T Dr ENOED Ulv17 X NO D UNIT EXTE:,r� �J U::: T £xTc:r: � ANNUAL INSTALLATION OF TRAFFIC � I SIGNAL EQUIP.' CONTRACT, per � j specifications: `SECTION I: j ' � v, l.i 8 I Furnish E Install 35' wood pole. 500.00 � 4,000.00 565.00 I 4,520.00 � 2. 4 � Construct Foundation � install 650.00 � 2,600.00 ,150.00 4,600.00 . mast arm poles. 1 - 1 . l t 3• 8 Construct Foundation and install 700.00 5,600.00 ,U75.00 8,600.00 �� strain pole. '. 4. 4 Construct Controller Base Founda- 350.00 1,400.00 350.00 1,400.00 1 tion. 5.1 500 ft. Furnish E Install conduit trenche .. 4:56 2,280.00, 4.20 2,100.00 6.� 200 ft. Furnish s Instal] conduit- bored. 7.25 1,450.00 13.60 2,720.00 � 7.; 8 + Removal of old wood pole. 195.00 � 1,560.00 200.00 � 1,600.00 I : ' � SECTION 11: I 1. 1500 lin.f Loop detector /lead in installs- 6.50 9,750.00 8.10 12,150.00 � i tion - concrete. 2. 500 lin.f Loop detector /lead it1 installa- i I tion - asphalt 5.50 2,750.00 5.10 2,550.00 TOTAL: 31;390.00 40,240.00 I As _ DELIVERY: Iteclt�si�d 30 DAYS RO t � GRASS TDTAL HESS D1SG NET �"OiQ L n rt ++.� �n t� .• rr TL `: POTHOLE PATCHER - CHASSIS MOUNTED 3 r D� N834 -56 ��7-�. Ap r i 1 22 , 1983 G�7" Y � � �a y -ro � ry �31D TABULAT101V Attachment "E" rElVr Q �Y OESCRIPTIQN RGS INDUSTRIES JIM BALL INTE�RNATIONA U:�: T �:c'c�.. .unr,r £xTEN0E0 UNlr ExrFNOE� UN! X ND D UNlT FxrE % +� �J 1 1 POTHOLE PATCHER,•per specification � 1 PURCHASE PRICE: � $36,819,07 538.,160.01 ''• I I � i TWO YEAR LEASE PURCHASE: � $41,011.07 I � $40,735.81 � �f I POTHOLE PATCHER MODEL: 1983 THE�MO -LAY ]983 THERMO -LAY i l � TM 375 -200 TM 375-2 0 j� � � ' TRUCK MODEL: 1983 FOR F-700 83 INTER ATIONAL '- 1724 Ser � es DELIVERY: 30 DAYS RO 90 DAYS RO I • . � _ I i l ! ' , . � � � : y t ; � i i . i I • 1 I l I � + i � CROSS ToTa� . . � LFS DISC.