1984 03 08 CC Minutes40308 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 81 1984
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, March 8, 1984, at 6:30 p.m. in
the Council Chamber of the Baytown City Hall with the follow-
ing attendance:
Jimmy Johnson
Perry M. Simmons
*Mary E. Wilbanks
Roy L. Fuller
Gerald Dickens
Allen Cannon
Fritz Lanham
Larry Patterson
Ronald D. McLemore
Eileen P. Hall
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
Assistant City Attorney
City Clerk
Absent: Fred T. Philips Councilman
Randy Strong City Attorney
The meeting was called to order with a quorum present, and
after the invocation was offered, the following business was
transacted:
Consider Minutes for the Regular Meeting Held February 23, 1984
Councilman Simmons moved for approval of the minutes for
the meeting held February 23, 1984; Councilman Dickens
seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Fuller
and Dickens
Mayor Cannon
Nays: None
Receive Petitions
There were no petitions presented.
City Manager's Report
United States Steel has been circulating what has become
known as the "rolling steel petition" in different parts of
the country. That petition will be in Baytown, located at
the Holiday Inn, on March 10 from 2:00 to 4:00 p.m. City
Council was extended an invitation to participate.
Texas Municipal League Region 14 Meeting - Councilwoman
Christen Hartung has notified City Council of the Texas
Municipal League Region 14 meeting which is scheduled for
March 29. This is the same night as the Chamber of Commerce
annual meeting; therefore, Mr. Lanham requested that Council
notify his office as to which reservations to make.
*Councilwoman Wilbanks now in attendance.
I
40308 -2
Minutes of the Regular Meeting - March 8, 1984
Harris County Mayors' and
group will be meeting on March
regarding reservations.
Councils' Association - This
15. Council will be contacted
Federal Emergency Management Agency - FEMA has reported
that as of today, offers have been made on 140 parcels with
34 owners declining the offer and 73 accepting.
1983 Street Improvement Program - This project is ninety -
nine (99 %) percent complete. Cleanup on West Francis remains.
Rollingbrook Extension and Bridge - The contractor is
installing the bridge beams and about twenty -five (25 %) per-
cent of the concrete pavement is in place. That project
is moving along on schedule.
Drainage - Work has been completed on Edgewood; the
work on North Burnett is eighty (80 %) percent complete; the
work on Woodside is sixty (60 %) percent complete and the
work on North Burnett at Post Oak is completed.
Bayway Drive /Baker Road Drainage Project - Box culverts
under Bayway Drive are being installed and that project is
about forty (40 %) percent complete. Relocation of the
telephone conduit and utilities is about fifty (50 %) percent
complete.
Proposed sign for capital improvement projects - The
staff had developed for Council consideration a sign which
will be posted at capital improvement projects to let the
citizens know the project is being performed. The proposed
sign would name the project and list the names of Council
members. Council expressed the desire to have the cost of
the project listed as well.
Questions /Comments of Council
Council requested that (1) A cut be performed in
the curb at Clayton and Mockingbird to allow school children
to enter the sidewalk on their bikes without difficulty;
(2) Attention be given to trash on Ferry Road; (3) Fisher
Hill Road be graded; (4) Tree trimmings in 300 block of
Park Street need to be removed; (5) The legal department
look at Houston's ordinance on railroad crossing repair
with the thought of simplifying that ordinance to fit
Baytown's needs and (6) The Administration look into the
procedure for appointment of deputy medical examiners to
facilitate the removal of deceased persons from the place
of the occurrence.
Councilman Fuller commented that he had noticed that
many of the abandoned signs around the city have been removed.
40308 -3
Minutes of the Regular Meeting - March 8, 1984
Consider Authorizing a Lease Agreement with First American
Bank and Trust of Baytown
First American Bank and Trust of Baytown has requested
that the City of Baytown lease a small amount of property to
the bank for the placement of a sign. Several years ago the
traffic circle was eliminated and the present configuration
was constructed. As a result, there is excess property
between the bank property and the curb. Normally, there is
10 to 12 feet of public property behind the curb. There is
much more than that there because of the redesign of the
intersection; therefore, in looking at this, the property
should not be considered as right of way, but simply city -
owned property.
Richard D. Evans, President of First American Bank &
Trust of Baytown, stated that 3 or 4 years ago, the bank
had placed the quick - silver sign prior to the adoption of
the sign ordinance which action was cleared with Council.
The quick - silver sign is on city property. Another sign,
the large stack sign, was destroyed during the hurricane;
therefore, the bank desires to come back with a low profile
sign which will still provide time and temperature. The sign
will be earth tone in color, with a total height of about 12
feet. The sign will be located 25 to 30 feet from the nearest
curb. The quick- silver sign is 35 feet from the curb on
Decker Drive. Mr. Evans pointed out that the large sign was
originally constructed on a portion of city property; there-
fore, to reconstruct the existing sign, Council authorization
would be necessary. The proposed sign will be more esthetically
pleasing. Mr. Evans stated that the bank's request covers
both signs. A third sign into the new drive -in area will not
be on city property, but the berm for the sign will be; there-
fore, the bank is requesting to lease 10 feet by 27 feet.
Councilman Fuller commented that the only point that he
would want to be certain of is that the signs in no way
interfere with flow of traffic, taking into account safety.
Mr. Evans responded that every effort would be made to provide
for safe flow of traffic.
The appraised lease value for the 278 square feet is
$84 a year.
Councilman Johnson moved to authorize a lease agreement
with First American Bank and Trust of Baytown at $84 per
year; Councilman Dickens seconded the motion. The vote
follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
40308 -4
Minutes of the Regular Meeting - March 8, 1984
Hold Public Hearing on Proposed Facility Plan and Environmental
Information Document for the Central Sewer District
(7:00 p.m.)
Mayor Cannon opened the public hearing and allowed time
for those present who might desire to speak at the hearing
to sign the register provided in the hallway. The Mayor
explained the purpose for the hearing and what procedure
would be followed for the hearing. John Davis, Consulting
Engineer, with the firm of Langford Engineering, presented
a summary of the Facility Plan and Environmental Information
Document for the Central Sewer District. Time was allowed
for questions and comments and the public hearing was closed.
A complete transcript of the public hearing is on file
in the City Clerk's office which may be reviewed during
regular business hours.
Consider Proposed Resolution No. 8671 Adopting Facility
Plan and Environmental Information Document for Central
Sewer District
The proposed resolution adopts a facility plan and an
environmental information document for the Central Sewer
District Facility Planning Area. The Administration recom-
mended adoption of the resolution.
Councilwoman Wilbanks moved for adoption of the proposed
resolution; Councilman Simmons seconded the motion. The
vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
RESOLUTION NO. 867
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING A FACILITY AND AN ENVIRONMENTAL INFORMATION
DOCUMENT FOR THE CENTRAL SEWER DISTRICT FACILITY PLANNING
AREA FOR THE CITY OF BAYTOWN.
Consider Proposed Resolution No. 868, implementing schedule
For Central Sewer District
The proposed resolution provides that the Central District
Sanitary Sewer Improvements will be completed pursuant to the
laws, rules and regulations of the Federal Water Pollution
Control Act Amendments of 1981, Public Law 92 -500 and in
accordance with the schedule set forth in the resolution.
The resolution further provides that no change of the schedule
will be authorized without approval of the Texas Department
of Water Resources and the U.S. Environmental Protection
Agency. The Administration recommended approval.
Councilman Fuller moved for adoption of the resolution;
Councilman Dickens seconded the motion. The vote follows:
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40308 -5
Minutes of the Regular Meeting - March 8, 1984
Ayes: Council members Johnson, Simmons, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
RESOLUTION NO. 868
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RESOLVING THAT THE CENTRAL DISTRICT SANITARY SEWER
IMPROVEMENTS WILL BE COMPLETED PURSUANT TO THE LAWS, RULES,
AND REGULATIONS OF THE FEDERAL WATER POLLUTION CONTROL ACT
AMENDMENTS OF 1981, PUBLIC LAW 92 -500; AND IN ACCORDANCE
WITH THE SCHEDULE SET FORTH IN THE RESOLUTION; AND FURTHER
RESOLVING THAT NO CHANGE OF THE SCHEDULE WILL BE AUTHORIZED
WITHOUT APPROVAL OF THE TEXAS DEPARTMENT OF WATER RESOURCES
AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY.
Consider Request of Developers of Independence Plaza for
Exception to Off- Street Parking Ordinance
The off - street parking ordinance presently requires a
business office to maintain three parking spaces, plus one
additional space for each two hundred square feet of area
over 500 feet. Dow Hamm, developer of Independence Plaza,
proposes to construct a 75,000 square foot office building,
and under the existing ordinance, a total of 375 parking
spaces would be required. Mr. Hamm proposes 275 parking
spaces. He has indicated that Baytown's parking requirements
are stricter than most cities, and the Administration's
research indicates that Baytown exceeds the national standards,
as well as those in other cities in the area.
Mr. Hamm explained that the property at the southwest
corner of Garth and Baker Roads consists of a little more
than 16 acres on which an office building consisting of
approximately 80,000 square feet would be constructed. The
developer had planned to construct the three story building
with atrium. In that regard a parking area with 275 cars
had been planned, which based upon development in other
areas, including Dallas and Oklahoma City is very generous
in terms of strictly office building use. Normally, there is
a parking area ratio of 3 to 3.3 cars per thousand square
foot of gross building area. The developer has other projects
in other areas under development at this time which utilize
that standard. He mentioned that building plans are complete
for Independence Plaza, and they are now ready to proceed
with the civil work necessary for site work, drainage and
parking. The developer did not wish to implement a plan
which would not be acceptable to the City of Baytown;
therefore, the request for exception.
Mr. Hamm mentioned that he had been responsible for the
development of Luby's Cafeteria and the retail building next
to Luby's. He pointed out that the company is sensitive to
parking needs and that the company, in addition to the first
building, is planning an office park environment, and a part
of that consideration is the plans to have as much landscaping
as possible in the park itself, as well as in association to
40308 -6
Minutes of the Regular Meeting - March 8, 1984
each building. There is a total landscape budget of about
$55,000 and after March 15, landscaping for the cafeteria
and retail building will begin. The company believes in
landscaping. The company feels that Baytown will respond
to the office park environment. The plan for 275 is not
necessarily the most cars that can be designed under that
plan. Parking can be added on site with the sacrifice of
green space and landscaped areas, but the developer would
like to prevent this. In terms of ratios and the ordinance,
looking at gross requirements, if one considers three cars
per thousand under the gross requirements, this would put
the developer at 240 cars on site. He stated that with a
perspective savings and loan, there would be some additional
traffic in terms of visitor traffic at the building, but the
35 spaces above the 240 should adequately handle that.
Mr. Hamm emphasized that the company was not suggesting
that Baytown change its ordinance, but the company did need
some guidance on how to proceed. In response to an inquiry
from Council, Mr. Hamm stated that the company was surprised
to learn of Baytown's parking requirements since usually a
grocery store would require 4 parking spaces per thousand,
whereas a Luby's Cafeteria ratio could be as high as 15 cars
per thousand. The cafeteria has peak loads and during those
peak hours, a great amount of parking is necessary. Five
cars per thousand for office space is high and the company
would prefer to have some landscaped areas to add to the
esthetics of the area; however, there is room to increase
the parking with some sacrifice to landscaped areas. Mr.
Hamm mentioned that many of the buildings in the Houston
area that adjoin Houston Lighting and Power facilities,
Houston Lighting and Power has allowed paving for one or
two strips of parking rows. The company could contact
Houston Lighting and Power in that regard if the spaces are
really needed; however, the company is questioning the need.
Mr. Hamm ended his presentation by pointing out that the
company certainly desires to be competitive, and the very
worst thing that could happen would be for the company to
construct a building without adequate parking. Also, he
pointed out that pavement is cheaper to put in than plants
and much cheaper to maintain.
Council expressed the feeling that perhaps Baytown
had reached the point that the off street parking ordinance
should be reviewed for possible revision and that while
reviewing the ordinance possibly distinctions should be
made for various types of buildings.
Mr. Lanham responded that the present ordinance contains
20 to 25 classifications, but perhaps those need to be broken
down further with regard to office buildings. The national
requirement for office space is 4.4 per thousand; Austin is
3.33; Port Arthur is the same; Pasadena is 5; Baytown is 5.5
and Arlington is 4.0. Austin and some of these other cities
have more control over the use that the building is put to
because of zoning. Therefore, that may have been one of
the things considered in 1970 when the off street ordinance
was adopted. Houston has no off street parking regulations.
40308 -7
Minutes of the Regular Meeting - March 8, 1984
Mr. Hamm stated that based on the usable space in the
building there is 4.2 cars per thousand, but based on the
gross, there is 3.5.
Councilman Dickens moved to grant exception to the off -
street parking ordinance based on the developer using the
4.2 cars per thousand or 275 spaces; Councilman Fuller seconded
the motion.
Mr. Hamm clarified for Council that the 4.2 cars per
thousand is based on the usable and 3.5 based on the gross
area, but both equal to 275 spaces. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Fuller and Dickens
Nays: Mayor Cannon
Mayor Cannon clarified that his vote reflected his
feeling that this matter should go to the Planning Commission
prior to Council action.
Consider Proposed Ordinance, Authorizing No Parking Zones on
Johnston Street, Wilburn Drive and Georgia Street
No parking zones have been recommended by the Traffic
Commission as follows:
Johnston Street: From M. L. King east from a distance
of 50 feet -- southside of street
Georgia Street: From Kentucky Street to Virginia
Street -- east side of street
Wilburn Drive: From North Main west for a distance
of 100 feet -- north side of street
Councilman Simmons stated that at the request of the
owner of this property that he had taken a look at this
property, and he inquired what was the rational for
recommending that no parking be designated for the north side
of the street, when it appeared to him that if parking is
occuring on both sides of the street, it would be better to
cause the south side of the street to be no parking; Mayor
Cannon concurred. Councilman Simmons also pointed out that
half of the 100 feet is driveway.
Bill Cornelius, Director of Planning and Traffic,
explained that a citizen called who was concerned with
traffic turning off North Main onto Wilburn, being left
partially in the intersection due to parking on both sides.
The reason for recommending no parking on the north side of
Wilburn is to keep the traffic turning from North Main in
the proper lane.
LaVerne Fuller owner of the property and Fred Berkline,
operator of the business at that location, appeared before
Council. Mr. Fuller stated that he had looked at the situation
and felt that the best solution would be to provide no parking
on both sides of Wilburn for 50 feet.
40308 -8
Minutes of the Regular Meeting - March 8, 1984
Councilman Simmons moved to adopt the proposed ordinance
with the change providing for no parking 50 feet on both
sides of Wilburn Drive; Councilman Johnson seconded the motion.
The vote follows:
* ** Ayes: Council members Johnson, Simmons, Wilbanks,
Mayor Cannon
Nays: None
ORDINANCE NO. 3787
AN ORDINANCE DESIGNATING A PORTION OF WILBURN DRIVE AS A
NO- PARKING ZONE; DESIGNATING A PORTION OF JOHNSTON STREET AS
A NO- PARKING ZONE; DESIGNATING A PORTION OF GEORGIA STREET
AS A NO- PARKING ZONE; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF
TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR EACH VIOLATION;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Authorizing Contracts With Bay
Area Heritage Society, Palmer Drug Abuse Program, Bayshore
Community Development Services, First Presbyterian Church,
Retired Senior Vo'lun'teer Program and Bay Area Women's Center_
Each contract had been listed separately for consideration,
but Council elected to consider the contracts as one item.
Mr. Lanham did mention that all the contracts were the same
except the Retired Senior Volunteer Program contract provided
for one payment since the amount for the contract is $3,186.00,
and there is no requirement of RSVP to provide insurance.
The other contracts are based on quarterly payments, proof of
insurance and performance of annual audits. Each group is
required to present an annual report prior to fiscal payment.
Councilwoman Wilbanks moved for adoption of ordinances
authorizing contracts with Bay Area Heritage Society, Palmer
Drug Abuse Program, Bayshore Community Development Services,
First Presbyterian Church, Retired Senior Volunteer Program
and Bay Area Women's Center. Councilman Fuller seconded
the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3788
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH BAY
AREA HERITAGE SOCIETY WITH REGARD TO THE SUPERVISION AND
MANAGEMENT OF A MUSEUM AND MUSEUM PROGRAM; AUTHORIZING PAYMENT
BY THE CITY OF FIFTEEN THOUSAND AND N01100 ($15,000.00)
DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
* ** FOR CORRECTION, SEE PAGE 40322 -1.
40308 -9
Minutes of the Regular Meeting - March Be 1984
ORDINANCE NO. 3789
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
PALMER DRUG ABUSE PROGRAM FOR THE OPERATION AND MAINTENANCE
OF A DRUG ABUSE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF
FIFTEEN THOUSAND AND N01100 ($15,000.00) DOLLARS; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
ORDINANCE NO. 3790
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH BAYSHORE COMMUNITY DEVELOPMENT, INC. FOR THE OPERATION
AND MAINTENANCE OF A TRANSPORTATION PROGRAM; AUTHORIZING
PAYMENT BY THE CITY OF FIFTEEN THOUSAND AND N01100
($15,000.00) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
ORDINANCE NO. 3791
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH FIRST
PRESBYTERIAN CHURCH OF GOOSE CREEK FOR THE OPERATION AND
MAINTENANCE OF A TRANSPORTATION PROGRAM AND A HOT NOON MEALS
TO THE ELDERLY PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF
TWENTY SIX THOUSAND AND N01100 ($26,000.00) DOLLARS; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
ORDINANCE NO. 3792
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
RETIRED SENIOR VOLUNTEER PROGRAM FOR THE REGISTRATION, RE-
CRUITMENT AND COORDINATION OF SENIOR VOLUNTEER COMMUNITY
SERVICE; AUTHORIZING PAYMENT BY THE CITY OF THREE THOUSAND
ONE HUNDRED EIGHTY SIX AND N01100 ($3,186.00) DOLLARS; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
ORDINANCE NO. 3793
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
BAYTOWN AREA WOMEN'S CENTER FOR PROVIDING HOUSING AND ASSIST-
ANCE TO WOMEN WHO ARE TEMPORARILY DISLOCATED DUE TO DISRUPTION
OF THE FAMILY; AUTHORIZING PAYMENT BY THE CITY OF TWENTY
THOUSAND AND N01100 ($20,000.00) DOLLARS; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
40308 -10
Minutes of the Regular Meeting - March 8, 1984
Consider Proposed Ordinance, Authorizing an Interlocal
Agreement With Houston - Galveston Area Council for
Purchase of Micro- Computer Hardware and'Software
Larry Patterson, Assistant City Manager, stated that
the proposed ordinance provides for the City of Baytown to
enter into an Interlocal Agreement with Houston - Galveston
Area Council for the purchase of micro - computer hardware
and software. H -GAC has developed a program for purchasing
various items in bulk and offering those items to govern-
mental entities at the bid prices offered H -GAC. Presently,
the City of Baytown has a need to purchase micro - computer
hardware and software in two areas. Public Works in relation
to the study performed by the LWFW Group which indicates that
the group has software that would assist the city with its
public works' operation, and they have provided minimum
specifications as to what type hardware should be purchased.
In looking over the hardware that is provided through H -GAC,
it was determined that that hardware exceeds the specifications
provided. The other area is in the Planning and Traffic
Division. At the present time there is some of this equipment
operating there, in which accident statistics are maintained.
Baytown is linked in with the State of Texas which is a
regional education service center, and we do lease computer
time from them, as well as phone lines. The thought is that
if some of this equipment is purchased, Baytown can perform
this task in a more cost effective manner. Also, the staff
has reviewed what the cost of his equipement would be on the
outside market and the feeling is that the prices that H -GAC
have quoted are about one -third less than what the city could
purchase this equipment for elsewhere. Council was provided
with a list of what the hardware consists of and the total
cost for the purchase is $9,134.76.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3794
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT APPOINTING THE HOUSTON - GALVESTON AREA COUNCIL ITS
PURCHASING AGENT FOR THE PURCHASE OF MICRO- COMPUTER HARDWARE
AND SOFTWARE; AUTHORIZING THE PURCHASE OF CERTAIN MICRO - COMPUTER
HARDWARE AND SOFTWARE; AUTHORIZING PAYMENT OF NINE THOUSAND
ONE HUNDRED THIRTY FOUR AND 761100 ($9,134.76) DOLLARS TO
THE HOUSTON - GALVESTON AREA COUNCIL; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
40308 -11
Minutes of the Regular Meeting - March 81 1984
Consider Proposed Ordinance, Authorizing an Interlocal
Agreement with Harris County Flood Control District On
The Bayway Drive /Baker Road Drainage Ditch Project
This agreement formalizes the agreement made by letter
several months ago under which work is currently being per-
formed. Harris County Flood Control District has developed
an agreement based on the city's understanding with them and
has submitted that contract for approval. The agreement is
based on cost estimates and spells out the portion of the
work that the City of Baytown is responsible for and the
portion of the work that is Harris County Flood Control
District's responsibility. There were some items that the
city was unaware of at the time the agreement with the county
was reached. For example, the city was unaware that the
Exxon pipeline would need to be moved which the original
estimate to perform that work was $61,400; however, the
actual cost was $26,800. A good part of that savings was
offset by changes that became necessary during the course
of the contract. One change was the construction of a double
9' X 7' box culvert in the Bayway Drive portion and the
other change was relocation of some of the utility lines
there. The total of those two is $34,600, but this agreement
also spells out the manner in which the city will pay the
flood control district. The agreement in the beginning was
that the city would pay approximately one -third upon comple-
tion from bond funds which have been incumbered and the re-
mainder would be paid over a two -year period, approximately
$100,000 each time. The second payment would be due in the
1984 -85 fiscal year and the third payment would be due in
the 1985 -86 fiscal year. These two payments would come from
the general fund, unless bonds are sold and Council elects
to make those payments from bond funds. The Administration
recommended approval of the agreement.
Councilman Simmons moved to adopt the ordinance; Council-
man Fuller seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3795
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE
CONSTRUCTION OF THE BAYWAY DRIVE /BAKER ROAD DRAINAGE DITCH
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF THREE HUNDRED
SEVEN THOUSAND FIVE HUNDRED AND N01100 ($307,500.00) DOLLARS;
AND PROVIDING'FOR THE EFFECTIVE DATE HEREOF.
40308 -12
Minutes of the Regular Meeting - March 8, 1984
Consider the Removal of a Planter Box on Texas Avenue
Two or three months ago, Council considered contract to
demolish a building at 214 West Texas Avenue that was at that
time owned by Junior Achievement of Southeast Texas. A
representative of that group was present, stating that they
were attempting to sell that property and requested time to
accomplish that. Council granted that request, and the Ad-
ministration has received a letter from that group indicating
that that property has been sold to Mr. Rodriguez and Mr.
Martinez. Mr. Rodriguez has written a letter dated February
25 in which he indicates that one of the planters is in the
way of his cleaning and ultimately using the building for a
small manufacturing operation and retail establishment. He
indicates that plans are to make furniture and other wooden
products to be sold in the front of the store which will
occupy the front of the building. There is no access to the
building from the back. The only access is from Texas Avenue.
There is eight feet between the planter and the building.
Bobby Rountree, Director of Parks and Recreation, has looked
at the planter and its relationship to the building. He
feels that it would be very difficult to move large items
through there with the planter in place. The Administration
has asked Mr. Rodriguez if he would be willing to post a
$500 bond with the city which would be returned if he goes
ahead with the project and opens the business there. If not,
then the city could cash the bond and reconstruct the planter.
With that agreement, the Administration recommended approval
of the request.
Mr. Rodriguez was recognized and stated that the removal
of the planter is definitely needed in order to get the
business going. Mr. Rodriguez stated that he would need
access to the building from Texas Avenue since there is no
back access. At one time the building was one large structure,
but was later divided so that there is another business to
the back. Mr. Rodriguez stated that with the removal of
the planter, he would like permission to have a front access
to the building, because removal of the planter will not be
beneficial if he has no access.
Councilman Fuller stated that Mr. Rodriguez's building
is not the only building on Texas Avenue with access only
to the front and that if Council were to grant this request,
a precedent would definitely be established. He added that
much work, planning and contributions from the community went
into the placement of the planters. Councilman Fuller felt
that the removal of the planter would be counter to efforts
throughout the city toward beautification.
Councilwoman Wilbanks stated that removal of the planter
should be weighed against revitalization of a viable business
that would perhaps improve the building and draw other business
to that area.
Councilman Johnson stated that he would not be in favor
of allowing ingress and egress to the building from Texas
Avenue. He too would like to see businesses develop along
Texas Avenue.
Councilman Dickens suggested a compromise by designation
of one of the parking areas, immediately adjacent to the
large planter box as a loading zone during specified hours.
40308 -13
Minutes of the Regular Meeting - March 8, 1984
Mr. Rodriguez stated that when one begins to
manufacture furniture, it is necessary to haul in a number
of 2x4's, 2x6's and heavy pieces of plywood. To load and
unload those kinds of materials will create a nusiance on the
sidewalk, not to mention the added work of having to carry
those materials about 18 to 20 feet to the building.
Mayor Cannon mentioned to Mr. Rodriguez that there had
been some miscommunication since the Administration was not
aware that he wished to have a drive for the business on
Texas Avenue. The Administration had recommended the removal
of the planter box, but with this new request, the Adminis-
tration would need to go back and look at the situation.
The Mayor also stated that from his prospective, if he voted
to have the planter box removed, that would not be any indi-
cation that he is not for beautification.
Mayor Cannon stated that Council would have better insight
into the matter if the Administration would go back and look
at the request for a drive off Texas Avenue.
In response to an inquiry from Mr. Lanham, Mr. Rodriguez
said that it would not be necessary to cut the curb since at
the location, the curb is low enough to allow access.
Councilman Simmons pointed out that to allow entrance
and exit off Texas Avenue could be a potential traffic
problem.
In response to an inquiry from Mayor Cannon, Council
indicated that they would like to have the Administration
study the request further and report back to Council.
Therefore, Mayor Cannon informed Mr. Rodriguez that the
Administration would be studying the matter, and the item
would be on the next Council agenda.
Consent Agenda
Council considered the Consent Agenda Items a through f
as follows:
a. Proposed Ordinance No. 40308 -10, will award the
housing rehabilitation contract for 1504 Oak
Street. Five bids were received on these services.
MFG Housing Services, Inc. submitted the low bid
of $7,869.00. This bid has been reviewed and is
recommended by the Community Development Advisory
Committee.
We recommend approval of Proposed Ordinance No.
40308 -10.
b. Proposed Ordinance No. 40308 -11, will award the
housing rehabilitation contract for 1112 Beech.
Five bids were received. John Kidd submitted the
low bid of $9,290.00. This bid has been reviewed
and is recommended by the Community Development
Advisory Committee.
We recommend the low bidder, John Kidd, be awarded
this contract.
40808 -14
Minutes of the Regular Meeting - March 8, 1984
c. Proposed Ordinance No. 40308 -12, wi
housing rehabilitation contract for
Four bids were received. John Kidd
low bid of $9,545.00. This bid has
and is recommended by the Community
Advisory Committee.
11 award the
2109 Carolina.
submitted the
been reviewed
Development
We recommend the low bidder, John Kidd, be awarded
this contract.
d. Proposed Ordinance No. 40308 -13, will award the
bid for the purchase of 35mm and 16mm Microfilm
Reader /Printers. Bids were mailed to seven vendors
and the City received four proposals. The low
bidder on both items is Allied Technology, Inc.
with a bid of $6,985.00. Allied bid remanufactured
equipment. This is in agreement with our specifi-
cations. Council budgeted $11,210.00 for this
purchase.
We recommend the low bidder, Allied Technology,
Inc., be awarded this contract.
e. Proposed Ordinance No. 40308 -141 will authorize
final payment to Shirley Construction Company for
the installation for sheet piling at the brush
burner pit. Shirley Construction Inc. of La Porte
was awarded the contract to drive the new sheet
piling wall at the brush burner pit in connection
with repairs authorized by Council. The work has
been completed satisfactorily.
We recommend that the first and final payment of
$7,500.00 be authorized to Shirley Construction
Company. We recommend approval of Proposed Ordinance
No. 40308 -14.
f. Proposed Ordinance No. 40308 -15, will award the
contract for the 1982 Community Development
Program street and drainage improvements to Beech
and Oakwood. The base bids include excavation,
concrete curb and pavement, lime and cement
subgrade stabilization, and concrete driveways.
Alternate No. 1 includes wheelchair ramps and
concrete sideways. Alternate No. 2 covers relocation
of the water main and reconnection of service
main. Four bids were received. Buffalo Excavating
and Paving Company, Inc. of Channelview, Texas,
submitted the low bid which totals $152,400.00.
We recommend the low bidder, Buffalo Excavating
and Paving Company, Inc., be awarded this contract.
We recommend approval of Proposed Resolution No.
857.
40308 -15
Minutes of the Regular Meeting - March 8, 1984
Councilman Johnson moved to adopt the Consent Agenda
Items a through f; Councilman Dickens seconded the motion.
The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3796
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT #83 -03 -16 TO M.F.G. HOUSING SERVICES,
INC. FOR THE SUM OF SEVEN THOUSAND EIGHT HUNDRED SIXTY NINE
AND N01100 ($7,869.00) DOLLARS. (Proposed Ordinance No.
40308 -10)
ORDINANCE NO. 3797
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOP-
MENT REHABILITATION PROJECT 083 -04 -18 TO JOHN KIDD FOR THE
SUM OF NINE THOUSAND TWO HUNDRED NINETY AND N01100 ($9,290.00)
DOLLARS. (Proposed Ordinance No. 40308 -11)
ORDINANCE NO. 3798
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT #83 -04 -19 TO JOHN KIDD FOR THE SUM
OF NINE THOUSAND FIVE HUNDRED FORTY FIVE AND N01100 ($9,545.00)
DOLLARS. (Proposed Ordinance No. 40308 -12)
ORDINANCE NO. 3799
AN ORDINANCE ACCEPTING THE BID OF ALLIED TECHNOLOGY, INC.
FOR THE PURCHASE OF 35MM AND 16MM MICROFILM READER /PRINTERS
AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE
SUM OF SIX THOUSAND NINE HUNDRED EIGHTY FIVE AND N01100
($6,985.00) DOLLARS. (Proposed Ordinance No. 40308 -13)
ORDINANCE NO. 3800
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO SHIRLEY CONSTRUCTION
COMPANY, INC. FOR THE REPAIR OF THE BRUSH BURNER PIT; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance
No. 40308 -14)
ORDINANCE NO. 3801
AN ORDINANCE ACCEPTING THE BID OF BUFFALO EXCAVATING AND
PAVING COMPANY, INC. FOR THE 1982 COMMUNITY DEVELOPMENT
PROGRAM AND IMPROVEMENTS TO BEECH AND OAKWOOD STREETS; AND
AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM
OF ONE HUNDRED FIFTY TWO THOUSAND FOUR HUNDRED AND N01100
($152,400.00) DOLLARS. (Proposed Ordinance No. 40308 -15)
For tabulation, see Attachments "A" through "C."
40308 -16
Minutes of the Regular Meeting - March 8, 1984
Recess Into Executive Session to Discus's Pending Litigation
Mayor Cannon recessed the open meeting into executive
session to discuss pending litigation. When the open meeting
reconvened, Mayor Cannon announced that no action was necessary.
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, City Clerk
__ v� I v I v� i I v v I v
I _ l 1 L E:-Copuntinity Development B1D TABULATION
31D: Pkg 032
)SITE: 2/23/84
James Hollister
TEM 0 T Y DESCRIPTION UNir EXrE DUE UNIT I EXTENDED
Housing Rehabilitation Project
N83 -04 -16
1504 Oak
Housing Rehabilitation Project
083 -04 -18
1112 Beech
Housing Rehabilitation Project'
083 -04 -19
1 2109 Carolina.
GROSS TOTAL
LESS DISC.
NET TOTAL
-- -
22,463.00
15,880.00
UN17 EXTFNOT5- UNI
PR(CiE PRIrF pal
Ut f C X- f
PII 1 [' r ' 1.
. 1
III L E: Community Development
7ID; Pkg 932
)ATE: 2123/84
v BID TABULATION
Ilramis Pntrn.. .Tnhn Kidd
Attachment "A"
M.F.G. Housi
nn „id n,k, Prnsn "r Bros. Services. In
TEM
QTY
DESCRIPTION
UNIT
EXTENDED
UNIT
EXTENDED
UNIT
UTCROED
[XI
ICE
PnirF
PRICE
PRICE _
PRICE
PRir. r
PRIrF
_PRILF
PR I r F
Pf
Housing Rehabilitation Project
983 -04 -16
9,379.00•
---- - - - - --
9,489.00
9,750,00
7,81
1504 Oak
....
_. _ .. .......
.... ._. ...
..
Housing Rehabilitation
t
983 -04 -18
9,331.00
9,290.00
9,450.00
9,795.00
1112 Beech -
_
... .... ...
.... .... ....
... .... ....
...
Housing Rehabilitation Project
983 -04 -19
9,895.00
9,545.00
9,985.00
9,800.00
2109 Carolina
.. ..
.... .... ....
.... .._ ..
..
-.
WIUJJ IUI/AL
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NE} TOTAL
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CITY OF BAYTOWN
I rLE: 35MM a 16MM MICROFILM READER /PRINTER BID TABULATION
ID:
UE: FEB. 15 198 +1 1:00 P.M.
f EM QTY UNIT DESCRIPTION Make /Model
MICROFILM READER /PRINTER, per
D 6ke /14odel
Attachment "B"
;Me EASTMAN KODAK CO. ALLIED TECHNOLOGY IN
)ED Make /Model EXTENDED make/Model EXTENDED PRICE
I- _Pg1r_F specifications.
NO DID 3M,2 9
1 1 ea 35mm Stationary, Desk -Top Minolta $10,805.00 701 r Sil er 7 8 5.00 r *$3
Microfilm Reader /Printer. RP -•1 824 01 i Sil erf,$4 476.00
z I ea 16mm Stationary, Desk -To
3M 50oCT $3,989 .22 M 50OCT A$2 ,995.0
Microfilm Reader /Printer
RP -505
DELIVERY: 14 -30 Da vs 0 -1 '
*Remanuf acts red machine 1=andltjun�ld
Dids.were mailed to seven vendor:
and we received four proposals.
GROSS TOTAL
LESS DISCOUNT
NET TOTAL
TERt
DELIVERY
_a
Attachment "C"
MEMORANDUM
March 6, 19 84
TO: Fritz Lanham, City Manager
FROM:,- Norman Dykes, City Engineer /Director of Public Works
SUBJ: 1982 Community Development Program - Street and Drainage
Improvements to Beech and Oakwood Streets .
Four bids were received for the above mentioned project and they are
as follows:
Contractor
Buffalo Excavating &
Paving Co., Inc.
(Channelview).
Angel Brothers Enter-
prises, Inca (Baytown)
Brown & Root, Inc.
(Houston)
Baytown Construction Co.,
Inc. (Beaumont)
Base Bid Alt #1 Alt #2
$122,925.00 $5,800 $23,675
Grand Total
$152,400.00
132,547.50 4,540 181520 155,607.50
122,312.50 4,656 32,816 159,784.50
158,965.00 5,500 19,890 184,355.00
The base bid includes excavation, concrete curb & pavement, lime 5
cement subgrade stabilization, and concrete driveways. Alternate No. 1
includes wheelchair ramps and concrete sidewalks. Alternate No. 2 covers
relocation of the water main and reconnection of service mains.
The contractor has done several large jobs.($500,000 and up) for
Harris County and comes highly recommended from Jack Morton with Harris
County Engineering.
This project is being..funded with 1982 Community Development funds.
I recommend Buffalo Excavating and Paving be awarded the base bid,
alternate number one,. and alternate number two in the amount of $152,400.
cc:- Asst City Mgr
--� City Clerk
Legal
ES /lc