1984 05 10 CC Minutes40510 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 10, 1984
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, May 10, 1984, at 6:30 p.m. in
the Council Chamber of the Baytown City Hall with the follow-
ing attendance:
Fred T. Philips
Councilman
Jimmy Johnson
Councilman
Perry M. Simmons
Councilman
Mary E. Wilbanks
Councilwoman
Gerald Dickens
Councilman
Allen Cannon
Mayor
Fritz Lanham City Manager
Larry Patterson Assistant City Manager
Randy Strong City Attorney
Eileen P. Hall City Clerk
Absent: Roy L. Fuller Councilman
The meeting was called to order with a quorum present.
The invocation was offered by Councilman Philips, afterwhich
the following business was transacted:
Consider Minutes for the Regular Meeting Held April 26, 1984
Councilman Philips moved to approve the minutes with
a correction on Page 8, under the section entitled, "Discuss
Erosion at 3804 Tompkins Road," each place that reference
is made to sanitary sewer, the wording should be storm sewer;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Wilbanks,
and Dickens
Nays: None
Abstained: Councilman Simmons
Receive Petitions
No petitions were presented.
City Manager's Report
Report from Baytown Palmer Drug Abuse Program - Mr.
Lanham called Council attention to the report furnished by
Mr. Ed Church, Chairman of the Baytown Palmer Drug Abuse
Program. After reviewing the report, if Council desires,
the Administration will attempt to get further information
from Mr. Church.
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Minutes of the Regular Meeting - May 10, 1984
Mayor Cannon was pleased that Mr. Church was keeping
Council informed and said that he would like to receive
reports from the other organizations that had received fund-
ing through the revenue sharing program.
Ordinance from City of Garland Regarding Maintenance of
Apartment Complexes - Mr. Lanham mentioned that Council had
been provided with a copy of an ordinance that had been
adopted by the City of Garland on April 31 which deals
specifically with multi - family dwellings. It establishes
minimum standards with respect to utilities, facilities
and other physical components essential to making the struc-
ture safe, sanitary and fit for human use and habitation.
The City of Baytown has an Urban Rehabilitation ordinance
that includes many of the things that are included in Garland's
ordinance, but what Garland has done is to put all those
together in one ordinance and require an annual license fee
for operation of a multi - family dwelling. Mr. Lanham
inquired if Council would like for the staff to develop
something similar to that ordinance for Baytown. Council
expressed no objections to the staff developing a similar
ordinance.
Councilman Johnson expressed concern that the apartment
market for Baytown is being over constructed. Mr. Lanham
responded that the proposed ordinance would help in that
regard because it would force the owners to maintain the
structures. Mayor Cannon mentioned that Baytown has had a
proliferation of mobile home parks, as well as apartment
complexes.
Councilman Johnson mentioned calls that he had received
from a Mr. Kimball who resides on Fig Orchard Road in
Highlands concerning a mobile home subdivision that is
planned for that area. The Planning Commission has given
preliminary approval to the platting of the subdivision.
The plans are to allow effluent to run off into the ditch
that leads to the river.
Mr. Lanham explained that the people who reside in the
area would have to follow the same procedure as the City of
Baytown in order to protest the application to the Texas
Department of Water Resources. That body will hold a public
hearing and at that time those residents may appear.
Bill Cornelius, Director of Planning and Traffic,
explained that prior to final approval from the Planning
Commission, there must be on record in the City of Baytown's
files a letter from the Texas Department of Water Resources
indicating approval of the effluent discharge. Once that
approval is filed, the Planning Commission has no alternative
than to approve the subdivision.
Mayor Cannon mentioned that that area is in the City of
Baytown's Extra - territorial Jurisdiction and some day that
area may well be within the city limits of Baytown which
will create a problem. The planned project is for about
400 homes and the open ditch that this effluent will go into
does not appear to be a free flowing ditch which at times
will result in stagnant water. The Highlands district will
not have the necessary capacity to serve this subdivision
40510 -3
Minutes of the Regular Meeting - May 10, 1984
for another year to one and one half years. Another alter-
native would be to cover the ditch for about one -half mile
to where the effluent will go into the river.
Mayor Cannon and Councilman Johnson asked if it would
be possible to write letters to the agencies involved
expressing the city's concern. Mr. Lanham stated that a
letter would be drafted and brought back to Council for
approval. The letter will be forwarded to Harris County
Flood Control District and Texas Dept. of Water Resources.
Erosion Problem on Tompkins - Mr. Lanham stated that
another item at the Council table is a copy of a memorandum
from Norman Dykes, Director of Public Works /City Engineer,
concerning Cary Bayou bank slippage. On Page 2 are listed
all the questions that have been asked of the engineering
firms contacted. The engineers have been out to look at
the problem and based on the kind of study that they feel
must be performed to answer the questions, the study will
cost about $12,000. Council had authorized the Administra-
tion to proceed on this at the last meeting, but Mr.
Lanham solicited any input that Council may wish to give.
Council felt that the staff had covered all the possibilities,
but requested that a copy of the memorandum, along with
the questions be provided the three homeowners involved
in the event they had questions that they would like
answered.
Mr. Dykes reported to Council that the engineers would
expect to begin boring within a week. The plans are to make
eight borings - -two down at the sheet piling where it is
tilted; six others up the slope. A couple of those would
be on firm ground between the houses, and four would be
made in the backyards of the three homes in the area that
seems to be moving. In all the holes except the two out by
the sheet piling, the engineers proposed to install slope
indicator tubes whereby slippage will be measured. The
engineers will check the two indicators on what appears to
be solid ground to determine if there is any movement near
the houses. Also, the others will be checked to determine
what the rate of movement is, but more importantly the
engineers want to determine how deep the slippage area is.
Those findings will determine the recommendations with
regard to how to solve the problem. The engineers say
that these tubes may be there for anywhere from weeks,
months or on up to one year. The tubes are monitored at
different intervals, under different weather conditions.
The tubes are good for movement of about one foot. If the
movement goes up to one foot, this severs the tube which ends
that part of the study and the engineers will develop a
recommendation at that time. The first report will answer
many of the questions, but some of the answers must wait
until the data from the slope indicators is obtained. The
first report will be derived from the borings and soil
analysis.
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Minutes of the Regular Meeting - May 10, 1984
Brownwood /Federal Emergency Management Agency - The
Federal Emergency Management Agency has made 210 offers for
purchase of property in Brownwood; 131 offers have been
accepted, 59 have been declined and 20 are pending. Total
parcels involved are 282. No deadline has been estabished
yet, but the agency is working on that now. Soon a state-
ment will be issued indicating a deadline, and those who
have rejected the offer will have the opportunity to recon-
sider.
Rollingbrook Drive Extension /Bridge (West of Garth
Road) - The street is about 83% complete; the bridge is 98%
complete. Lime stabilization is in place. The contractor
has made excellent progress.
Rollingbrook Drive (East of Garth Road) - Work is
scheduled to begin on this project May 14. The contract
provides 45 working days for completion. If weather permits,
the contract should be completed on July 16.
Councilman Johnson inquired if the Administration had
received any response from any of the owners. Mr. Lanham
responded that he had not been contacted by any of the owners.
Beech /Oakwood Streets Project - The water system is in
place and the entire project is about 20% complete.
West Gulf /West Humble Street Project - Bids were solicited
for this project, but no bids were received; therefore, that
project will be rebid with bids coming in on May 21.
1984 Street Improvement Program - Bids will be received
on this project on May 21.
Drainage - Work on West Elvinta has been completed. Work
on Burnett Drive is about 80% complete.
Bayway /Baker Road Project - This work is about 75% complete.
Councilman Philips commented that the project is quite an
impressive project.
Problem with Barges on San Jacinto River - Council was
furnished with a copy of a letter from Senator Bentsen concerning
a resolution of Council requesting assistance with the problem
of barges remaining docked near the IH -10 bridge during
turbulent weather. Mr. Lanham said that what this letter
is pointing to, as well as other letters from other represen-
tatives is that there is nothing in the law that clearly
places responsibility for this sort of thing.
Councilman Simmons said that what is concerning him now
is that the problem is not only on the river, but adjacent
to the river where barge storage is just as acute as on the
river. Therefore, if the problem is only addressed to barges
on San Jacinto River, there will still be barges that could
be blown into the bridge. Council is anxious to receive a
copy of the study and the solutions that might be proposed.
N
40510 -5
Minutes of the Regular Meeting - May 10, 1984
Anti -trust Legislation - Randy Strong, City Attorney,
had drafted a letter to Representative Jack Fields. Council
was furnished with a copy of the letter, which the Adminis-
tration proposed be mailed to Senators Tower and Bentsen
as well if Council felt that the letter should be mailed.
Mr. Strong reminded Council that a couple years ago, the
Supreme Court in the Cable Television versus City of Boulder
case decided that the city violated anti -trust regulations.
Since that time there has been a proliferation of suits
against cities for various anti -trust actions. The vast
majority of these were either settled or it was found in
favor of the cities, but there have been a few decisions
against cities that have resulted in substantial judgements.
There is a small community in Illinois of 10,000 to 15,000
people that recently had a $6 or $7,000,000 judgement against
it. There has been an attempt to grant cities exemptions
again by Congressional action. The Senate Judiciary Committee
has held some hearings on Senate Bill 1578 called, "The
Local Government and Anti -Trust Act of 1983." Generally,
the testimony from some of the witnesses, including an
assistant attorney general representing the administration's
viewpoint was in favor of such anti -trust exemption for
cities. However, many of the witnesses that were not local
officials want to limit the immunity to only government type
functions as opposed to proprietary. The city acts in two
capacities -- purely governmental or proprietary. Proprietary
functions are those that private industry could perform as
well as governmental, for instance garbage hauling. Some of
the proposals would not give cities immunity in that area,
but there is not a set body of law or statutes to distinguish
between these functions. In Texas the issue is decided on a
case by case basis. It is a very complex, confusing issue.
The National Institute of Municipal Legal Officers is recom-
mending that cities request blanket immunity to avoid the
problem of trying to distinguish between governmental and
proprietary functions and that group requests that cities
contact their representatives in that regard. This would
restore to cities the exemption that they had prior to the
Boulder City case. Mayor Cannon said that unless he heard
from Council expressing some objection, he would sign the
letters tomorrow afternoon and forward same to the city's
respective representatives in the U. S. Congress.
Questions /Comments by Council
Mayor Cannon asked that the Administration contact the
County concerning the intersection of Archer /Sjolander /Crowell
where there is a bad curve. Since the county is out working
on Archer, perhaps that curve could be straightened some or
perhaps better lighting could be provided. There have been
several accidents at that location.
Councilwoman Wilbanks mentioned that at the intersection
of Spur 201 and Arizona, the warning lights are not working.
Councilman Simmons mentioned that there is a problem at that
_ location with people moving to the left to make a left turn.
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Minutes of the Regular Meeting - May 10, 1984
Mayor Cannon commented that Council had approved the
installation of a light at Spur 201 and West Texas, and just
last weekend, the police department worked two major accidents
at that location. One night just east of that intersection
there was a fatality.
Councilman Simmons commented that he had travelled to
Austin to represent the City of Baytown in an appearance
before the Governor to discuss his support of the Pothole
Bill. This bill has been before the legislature the last
two sessions, but it has failed. The Texas Municipal League's
President was there, along with representatives from 21
cities to encourage the Governor to include this in his
transportation packet in the June special session. Apparently,
the intent is to increase the gasoline tax from $ .05 to
$ .10 and raise vehicle registration fees. The Texas Municipal
League supports adoption of the Pothole Bill which will
award about $100,000,000 to the cities based on a formula of
so much per mile times the number of miles that they have
within their confines. It seemed that the Governor had a
problem with the fact that cities cannot share in the proceeds
from the gasoline tax without a Constitutional change;
therefore, the Governor is fearful that funding for the
Pothole Bill will have to come from general revenues. The
demands on general revenues are up. The Governor would give
no commitment to the group, but did indicate that he would
consider the matter. The President of Texas Municipal
League presented the Governor with 260 resolutions from
different cities throughout Texas, and the point was made
that cities are supportive of the gasoline increase, but
cities feel that the Governor should be supportive of the
Pothole Bill.
Councilman Philips mentioned that there is a problem
with dumping on Spur 55 near Highway 146. He requested that
"No Dumping" signs be erected.
Discuss Request of Lake Municipal Utility District to Amend
Consent Resolution as to Refunding Bonds
In 1978, City Council approved a resolution for the
formation of Lake Municipal Utility District. One of the
conditions of that resolution was that bonds of the district
could be refunded or redeemed in the fifteenth year. There
is no provision there for advance refunding or calling the
bonds prior to the fifteenth year. The bonds for this par-
ticular district were sold at a time when the interest rates
were very high. The average on their bonds is about 14.7 %.
Interest rates are lower today, and there is an approach;-,now
that permits the advance refunding of bonds. There were two
representatives of Underwood, Neuhaus present to brief
Council on this approach. The Administration felt that the
refunding of bonds would benefit the district and could find
no disadvantages or problems for the City of Baytown. In
order for the district to refund bonds, City Council must
amend the Consent Resolution.
Larry Catuzzi with the firm of Underwood, Neuhaus
explained that currently in place is a Consent Resolution
by which Lake Municipal Utility District was created. The
40510 -7
Minutes of the Regular Meeting - May 10, 1984
bond consultants requested that Council consider amending
the resolution to allow the districts to refund bonds. Bonds
were issued when rates were extremely high. The average
rate at that time was almost 14.75. The bond consultants
asked that Council consider allowing Lake Municipal Utility
District to advance refund those bonds or reorganize their
financial structure. In the resolution, in addition to
provisions contained in the resolution earlier to provide
water, sewer and drainage would also be provision to refund
previously issued bonds. Council was provided with two
packets. one included a calendar of events and the other
included a summary of the savings that Lake MUD would realize.
This advance refunding provides for a refunding prior to
when these bonds could be redeemed well in advance of the
actual redemption date of 1991. What the consultants have
done is provide for reduction in debt service for Lake MUD
of an average of about $28,000 a year which in terms of tax
rate translates into a savings of about $ .10 a year on the
rate. This particular municipal utility district has a
rather high tax rate at this time and this would obviously
provide for some relief, and in addition would provide for
their ability to issue additional bonds next year.
Frank Ildebrando, another representative of Underwood,
Neuhaus, reviewed what the advance refunding program provides.
Mr. Ildebrando explained that in simple language what is
being suggested is to refinance debt of the district. The
district will be going out to issue bonds, taking the proceeds
from that bond issue to pay off the old bonds. This is done
by putting the new bond fund proceeds into an escrow account,
asking the bank to handle the escrow account, and then the
bank, in turn, takes over the payment of the old bonds.
Simply, if the new bond issue's interest and principal is
less than the interest and principal on the old bonds, there
is a savings. The average interest rate on a new bond issue
is estimated at approximately 11 %. That's about a 3.75%
discount from the original issue. The amount of bonds is
slightly higher, but the total debt service of the new bond
issue is approximately $422,000 less than the old bond
issue. When that is averaged over the life of the bond
issue, that is approximately $27,000 to $28,000 savings a
year. Built into the new issue are all expenses related to
the refunding such as the underwriters expense, bond attorneys,
printing costs, and other fees involved in the refunding.
Mr. Ildebrando stated that the bond consultants had
spoken with a number of attorneys in the field who are
specialist and the whole process will be reviewed by the
district's attorney, as well as Vinson, Elkins who is Baytown's
bond attorneys. All the numbers will be reviewed by a Cer-
tified Public Account. There will be a consensus that this
will work.
40510 -8
Minutes of the Regular Meeting - May 10, 1984
In response to an inquiry from Council, the consultants
stated that the holder of the old bonds will not be affected.
Nothing will change in the city's posture relative to the
annexation of Lake MUD, if anything it will be enhanced by
the fact if that particular district is annexed, the city
will be taking on a lower debt service. The same structure
will be maintained as to when the bonds can be redeemed, and
if the market improves at some later date, the bonds could
be refunded again. Therefore, the refunding has been
structured to allow the city to do whatever it likes relative
to annexation. There will be no repercussions with Standard
and Poors or Moody's for the city to authorize this refunding.
In fact, this type refinancing has become quite common. In
Texas, it has become more prevalent just recently because
the state legislature has just in the last session adopted
new laws which allow school districts to refund bonds.
Mayor Cannon inquired if the bond consultants were
representing the district or the city or both since the
consultants happen to have both for clients. Mr. Catuzzi
responded that when this was discussed with the Administra-
tion, this question was addressed and since Underwood,
Neuhaus also feels that this is an area where come caution
should be exercised, the decision was made that Underwood,
Neuhaus has enough arms length relationship with Tom Master-
son and Frank Ildebrando working directly with the City of
Baytown and Mr. Catuzzi representing the district on this.
A long hard look has been taken to assure the most benefit
to both parties. Mr. Catuzzi responded to an inquiry from
the Mayor that he could find no reason that City Council
should not approve the refunding. Mr. Ildebrando concurred.
In fact, the question was raised within the company should
this be a policy that the company would want to continue
relative to future districts that are created and districts
that are presently in place. The consultants feel that this
is a policy that would provide greater flexibility to the
district, along with savings to the city should the district
be annexed.
Mr. Lanham stated that the possibility of including a
refunding provision in any future consent resolution has
been discussed.
Councilman Philips inquired if perhaps this refunding
idea could be used just as effectively in City of Baytown
bond issues. Mr. Ildebrando responded that Mr. Lanham had
thought of this possibility and had already requested that
the consultant work up possibilities which Mr. Ildebrando
had done, but was not prepared to discuss at this particular
meeting.
What the consultants intended was to inform Council of
the intent to amend the Consent Agenda and respond to any
questions of Council. Then on May 24 they would ask that an
item be placed on the agenda for Council to actually consider
adoption of a resolution amending the original consent
resolution.
40510 -9
Minutes of the Regular Meeting - May 10, 1984
Consider Request of Lake Municipal Utility District to
Provide 'S'ewer Service to' 'a Church Outside' 't'he District
Central Baptist Church has established a church north-
west of the Lake Municipal Utility District. The church is
outside the district, and the district's agreement with
Baytown does not permit the district to service an entity
outside of its boundaries with water or sewer service. The
church has asked the district to provide water and sewer
service; therefore, it is necessary for Council to approve
the request of Lake Municipal Utility District in order for
the district to be able to provide the sewer service. The
same request will go before the Baytown Area Water Authority
Board next week for the district to sell water to the church.
The Administration recommended approval of the request.
Councilman Johnson moved to approve the request of Lake
Municipal Utility District to provide sewer service to the
church; Councilman Dickens seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, and Dickens
Mayor Cannon
Nays: None
Discuss Dredging Operations Across from Roseland Oaks
This matter was discussed at the last Council meeting.
The Administration has requested copies of the permits
issued regarding this dredging operation, but those copies
have not yet been received. However, Mr. Lanham did discuss
the situation with Mr. Johnny Jennings, the applicant, and
invited him to attend, but he was unable to do so. Mr.
Jennings indicates that at this time, he has no intention of
putting a pipe yard or barge terminal at this location. In
the past he did discuss with Hoesch the possibility of a
barge terminal at that location to serve that company, but
the company has decided to build its own barge terminal.
Therefore, Mr. Jennings felt that the construction of a
barge terminal at that location could be for the most part
ruled out. Mr. Jennings said that the work being performed
is to smooth up the area and make it more pleasing, but if
anything else is contemplated, City Council would be the
first to know. Dirt from this area was used for Spur 55
bridge. The Corps' permit is for a 300' X 300' slip and
only about half the area that could be dredged under that
permit has been dredged.
Dale Calcarone Will Appear
Dale Calcarone appeared to request that Council grant a
variance to the city's regulations that require that licensed
individuals perform electrical and plumbing work on commer-
cial buildings. Mr. Calcarone would like to perform the
electrical and plumbing work on buildings that he is in the
process of purchasing. He stated that if he could obtain
such a variance, he could save large sums on the refurbishing
efforts presently in progress. However, when Mayor Cannon
inquired about tax incentives, Mr. Calcarone said that
that was not really what he needed, and that he did not mind
paying taxes.
40510 -10
Minutes of the Regular Meeting - May 10, 1984
Mr. Calcarone complained that recently a building permit
had been cancelled because of no noticeable improvement to
the building, which he felt was not the case, since he had
improved the roof on the building and made other adjustments.
He made mention that no notices were forwarded to him,
although the building permit was in his name. The City
Attorney pointed out that the notice is required to be for-
warded to the owner of the property as listed on the tax
rolls and since the ownership of the property has never been
transferred, notices are mailed to the owners as listed on
the tax roll.
Mr. Calcarone felt that the city could grant a variance
in this case to help in the refurbishing of Texas Avenue.
He made the point that homeowners are allowed to perform work
on their own homes without the necessity of being permitted.
Also, he mentioned that the inspectors could always require
that any bad work be torn out. In response, Mr. Lanham
pointed out that what could happen in a situation like that
would be that the inspectors become teachers and have to
spend an exhorbitant amount of time in the process. The
main concern with a commercial establishment is the health,
safety and welfare of the citizens who will be utilizing
that building.
Daniel Velez, owner of The Baytown Local, a weekly
newspaper at 113 East Texas Avenue, acknowledged that one
must have knowledge in order to be permitted, but most of
the work is performed by journeymen or apprentices anyway.
Sharon Marsh, property owner on Texas Avenue, indicated
that not enough faith was being placed in the Inspection
Department to point up poor quality work. Mayor Cannon
assured Ms. Marsh that Council had every confidence in the
abilities of the Inspection Department. That is not the
question. The question is whether a variance should be
granted to an individual to perform work on a building where
the general public could be placed in jeopardy.
Harold Murphy, Jr., master electrician, stated that he
understands that there are persons for hire off the street
for $4 an hour; however, he only hires licensed journeymen
and apprentices to perform work for him. He travels from
job site to job site and usually makes the rounds anywhere
from two to three times a day. He verified that there
would be no way possible for the city to furnish enough
inspectors to inspect work performed by unlicensed indi-
viduals. Besides that, if Council were to grant Mr. Calcarone
an exemption, this would set a precedent and this practice
would spread throughout the city. The fire insurance rates
in the city have been reduced through the licensing procedures.
Mr. Murphy felt that if Mr. Calcarone could perform the work
of a master electrician, then he should become licensed.
Jack Cramer, Chief Building Inspector, was present and
stated that he had just viewed a film on what can happen
if plumbing fixtures are hooked up improperly. What can
happen is that raw sewerage can be caused to flow into the
drinking water.
Mayor Cannon inquired if Council wished to schedule a
work session or suggest an item for a future agenda; Council
made no response.
40510 -11
Minutes of the Regular Meeting - May 10, 1984
Consider Proposed Ordinance, Amending Code of Ordinances
to Provide a Charge for Duplicate Releases
The proposed amendment will provide a $25 charge for
furnishing duplicate releases. Releases are provided by
the city when a judgement or lien is paid in full and the
individual is instructed to file the instrument with the
County Clerk. Recently, there has been an increase in the
request for duplicate releases, and in many cases, much time
is expended in locating the file. The Administration
recommended approval of the ordinance.
Councilman Dickens moved for adoption of the ordinance;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3843
AN ORDINANCE AMENDING SECTION 2 -120 "PUBLIC RECORDS AND
DOCUMENTS; FEE SCHEDULE FOR COPIES" OF THE CODE OF ORDIN-
ANCES OF THE CITY OF BAYTOWN TO PROVIDE A CHARGE FOR DUPLICATE
RELEASES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Mayor Cannon requested that individuals be notified
when the original release is mailed that should a duplicate
record be necessary, a $25 fee is assessed.
Consider Proposed Ordinance, Accepting Dedication of
Riceland Road
City Council gave preliminary approval to acceptance of
the dedication of Riceland Road. The Planning Commission has
recommended approval of the dedication. The street has
been inspected and approved by the Engineering Department.
The Administration recommended approval of the ordinance.
Councilman Simmons moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3844
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
ACCEPTING THE STREET EASEMENT DEDICATION BY BRIENWOLF, INC.
AND THEO WILBURN; DIRECTING THE CITY CLERK TO FILE SAID
DEDICATION WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
40510 -12
Minutes of the Regular Meeting - May 10, 1984
Consider Proposed Ordinance, Authorizing Change in Contract
With Harris County Flood Control on the Bayway Drive /Baker
Road Drainage Ditch P'r'oject
The proposed ordinance will authorize a change in the contract
with Harris County Flood Control on the Bayway Drive /Baker
Road Drainage Ditch Project. As you recall, Harris County
Flood Control requested the City to redesign the double
9' x 7' box transition on the east side of Bayway Drive.
The redesign consisted of a realignment and five additional
feet of transition box, including the reinstallation of the
existing 9' x 10' grate inlet. All of the items in the
redesign required additional concrete, reinforcing steel and
form work. This additional work resulted in an additional
cost of $13,830. The city's share of the total project with
the change is $321,330.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3845
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
APPROVING A CHANGE ORDER TO THE CONTRACT BETWEEN HARRIS
COUNTY FLOOD CONTROL DISTRICT AND BAYTEX CONSTRUCTION FOR
THE BAYWAY DRIVE /BAKER ROAD DRAINAGE DITCH PROJECT.
Councilman Philips asked that the Administration barricade
the grate for safety reasons.
Consider Proposed Ordinance, Approving Payment of a Change
Order on Rehabilitation Contract for 1112 Beech
During installation of a new gas hot water heater, it
was discovered that the gas line leaked. Tests indicated
that the lines from the gas meter to the house and the lines
inside the house were deteriorated. To meet the city's code
and HUD's requirements, the line had to be replaced. The
cost of the repairs totaled $905.18. The Administration
recommended approval of the change order. The original bid
was $9,290. With this change, the total change to the contract
will be $1,645.
Councilman Philips moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Dickens
Mayor Cannon
Nays: None
40510 -13
Minutes of the Regular Meeting - May 10, 1984
ORDINANCE NO. 3846
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT WITH JOHN
KIDD FOR THE PLUMBING WORK PERFORMED ON HOUSING REHABILI-
TATION PROJECT #83- 04 -18, 1112 BEECH.
Consider Proposed Resolution No. 875, Establishing Baytown
Transit Committee
At the last Council meeting, Council requested that the
Administration draft a resolution establishing the Baytown
Transit Committee. The draft provides for a nine member
committee to be appointed by Council for a term of one year.
The committee shall cease to operate after one year unless
extended by vote of City Council. The proposed resolution
establishes goals and objectives of the committee.
Councilman Philips moved for adoption of the resolution;
Councilman Dickens seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Wilbanks and
Dickens
Mayor Cannon
Nays: Councilman Johnson
RESOLUTION NO. 875
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
ESTABLISHING THE BAYTOWN TRANSIT COMMITTEE AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Consider Request of Burger King for a Median Cut
Enlargement on North Alexander
Burger King has requested an approximate 58 foot en-
largement of the median cut. This area will be marked for
a left turn lane. The Traffic Commission has recommended
approval of the request, and the Administration concurs with
that recommendation. The work will be performed at the
expense of the owners of Burger King.
Councilwoman Wilbanks moved for approval of the request
of Burger King for a median cut enlargement on North
Alexander; Councilman Philips seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Dickens
Mayor Cannon
Nays: None
40510 -14
Minutes of the Regular Meeting - May 10, 1984
Consider Request of Citizens Bank and Trust for Removal
of the Median on Rollingbrook Drive Near Creekbend Drive
Citizens Bank has requested the removal of the median
on Rollingbrook Drive near Creekbend Drive to accommodate a
new drive -in facility. The 125 feet that will be removed on
the west side will be marked for a left turn lane. The
Traffic Commission has recommended approval, and the Admin-
istration concurs with that recommendation.
Councilman Johnson moved to approve the request of Citizens
Bank and Trust for removal of the median on Rollingbrook
Drive near Creekbend Drive; Councilwoman Wilbanks seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Dickens
Mayor Cannon
Nays: None
Consider Authorization to Advertise for Bids to Replace an
Aerial Lift
Recently, the Planning and Traffic Department's aerial
basket was damaged in a traffic accident. The basket is
seven years old. The city collected $4,640 from the insurance
company and the plans are to replace the truck with a new
one. Since the lift has been damaged, the Administration
would like to utilize the insurance money, as well as the
$3,600 that had been included in the budget to transfer the
old bucket to the new truck, plus $20760 from vehicle main-
tenance funds to purchase a new aerial basket. The estimated
cost of the new aerial basket is $11,000. The Administration
requested permission to advertise for bids.
Councilman Philips moved to authorize the Administration
to advertise for bids for the purchase of a new aerial basket;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Dickens
Mayor Cannon
Nays: None
Consider Authorization to Advertise for Bids to Have an
Additional Axle Installed on Garbage Trucks
The city began taking garbage to the new landfill on
April 30. Last week the staff learned that the trucks are
overloaded because they are equipped with a single axle
rather than a double axle. Single axle vehicles are limited
to loads of 28,000 pounds and much of the time, the city's
vehicles have anywhere from 6 to 8,000 pounds more than that
on them. State law was changed effective January 1 to permit
the state highway department patrol to enforce weight limits
inside the city limits on state highways. Therefore, even
40510 -15
Minutes of the Regular Meeting - May 10, 1984
if the trucks would not be traveling outside the city limits
on a state highway, chances are that the city would have
had to comply with this requirement. The highway that serves
the new landfill in Chambers County is a farm to market road,
and it appears that it was not constructed for the heavy
traffic that it is getting. The state highway patrol has
indicated an intent to enforce the load limits; therefore,
the staff has been searching for solution to the problem.
The manufacturer of the vehicles that the city uses has
verified that an additional axle can be installed. The cost
of modifying the side loading vehciles is $9,250 each.
The city owns seven of those, but six are used on a regular
basis. The staff is recommending that bids be taken to
modify the six vehicles used on a regular basis. The cost
to convert the rear loaders is about $4,200 each. The staff
is recommending that four of those be modified. The total
cost to make these conversions is about $72,000.
The staff has investigated other possibilities such as
a transfer station, but this would not be economically
feasible since the estimated cost to install this equipment
is in excess of $300,000, plus the annual operating costs.
There is also the necessity of acquiring a state permit which
takes anywhere from 6 to 12 months.
The best solution seems to be the modification of the
trucks, but in the meantime, the city will need to modify
its loads to be in compliance. The solid waste budget has
the funds necessary to modify the trucks. With the modifi-
cations, the staff feels that about $35,000 will be saved
on vehicle maintenance, $10,000 on the cost of landfill
services and in unforeseen expenses, there is $41,000; there-
fore, there should be enough funds available to perform this
work.
In response to an inquiry from Council, Mr. Lanham
assured Council that any tickets issued due to overloads
would be paid by the city and that tickets issued for this
reason would not affect the drivers personal insurance record.
Mr. Lanham said that presently the city is out for bids
to purchase a new side loader and those bids have been modified
to require two axles.
Councilman Johnson moved to authorize the Administration
to advertise for bids to have an additional axle installed
on garbage trucks; Councilman Simmons seconded the motion.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Dickens
Mayor Cannon
Nays: None
40510 -16
Minutes of the Regular Meeting - May 10, 1984
Consent Agenda
Mr. Lanham requested that Item c, "Consider Proposed
Ordinance No. 40510 -7, authorizing final payment for the 16"
Sanitary Sewer under IH -10 at the rest stop, be removed from
the consent agenda.
In response to an inquiry from Council, Norman Dykes,
Director of Engineering /Public Work, stated that most of the
sliplining work being proposed along Sunset Drive will be in
the street. Councilman Philips requested that Sunset Drive
be included in the next list for street improvement.
Council considered the Consent Agenda as follows:
a. Proposed Ordinance No. 40510 -5, will award the
contract for the 1983 Community Development
Program -- Street and Drainage Improvements to
Oakwood Street. Three bids were received. Angel
Brothers, Inc. submitted the low bid of $45,486.75
on the base project, $5,767.50 on Alternate No. 1,
and $8,100.00 on Alternate No. 2. This brought
the grand total to $59,354.29.
The basic proposal consists of the subgrade work,
concrete pavement, concrete curb, storm drainage
and site preparation. Alternate No. 1 consists of
replacing the sanitary sewer main and Alternate
No. 2 consists of replacing the existing water
main. The budgeted amount for this project is
$100,000.
We recommend the basic proposal and both alternates
be done. We also recommend that the low bidder,
Angel Brothers, Inc. be awarded this contract.
b. Proposed Ordinance No. 40510 -6, will award the
contract for the 1983 -84 Sanitary Sewer Slip -
lining- -Phase I. Two bids were received. Channel
Construction Co., Inc. submitted the low bid of
$39,200. The project consists of sliplining 1,600
linear feet of 6" and 8" diameter sanitary sewer
line in Wynnewood Addition on Sunset Drive and 650
linear feet of 6" diameter line in the easement
between E. Humble and E. Republic from S. Seventh
St. east to SH 146.
It has been determined that another 6" diameter
line along Adams Ditch serving the residents in
the 1500 -1600 block of Colby is badly in need of
repair and Channel has been engaged on an emergency
basis to proceed with sliplining this 595 linear
foot segment. The estimated cost is $9,150 and it
is recommended that this addition be handled as
Change Order No. 1 to the contract to be authorized
by City Council. Monies for the combined amount
of $48,350 are provided in Revenue Sharing Funds,
Entitlement XIII and XV.
We recommend that the low bidder, Channel Construction,
Inc., be awarded this contract and that the Change
Order No. 11 dealing with the 6" line along Adams
Ditch be included.
40510 -17
Minutes of the Regular Meeting - May 10, 1984
d. Proposed Ordinance No. 40510 -8, will authorize the
final payment for the water main on Barkuloo,
Crosby -Cedar Bayou and Hardin Road. The contractor,
Baytown Construction Company, has completed the
Barkuloo, Cedar Bayou- Crosby, and Hardin Roads
water mains in accordance with the plans and
specifications.
The original contract amount was $107,585. The
work performed to date comes to $115,047.30, this
showing an overrun of $7,462.30. The overrun was
the result of not having the correct amount of
footage of augered construction under existing
driveways and the rental of steel plates to cover
holes in the pavement at Massey- Tompkins Road.
The contractor has been paid $99,690.30, thus
leaving a balance due of $15,357. This project is
being funded from the 1981 Bond Program.
We recommend a final payment be made to Baytown
Construction Company, in the amount of $15,357.
Councilman Philips moved for adoption of the Consent
Agenda, Items a, b and d; Councilman Johnson seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3847
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS,
INC. FOR STREET AND DRAINAGE IMPROVEMENTS TO OAKWOOD STREET;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE HERETO. (Proposed Ordinance No. 40510 -5)
ORDINANCE NO. 3848
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH CHANNEL
CONSTRUCTION COMPANY, INC. FOR THE 1983 -84 SANITARY SEWER
SLIPLINING PHASE I PROJECT; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
(Proposed Ordinance No. 40510 -6)
ORDINANCE NO. 3849
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO BAYTOWN CONSTRUCTION
COMPANY FOR THE BARKULOO, CEDAR BAYOU- CROSBY AND HARDIN
ROAD WATER MAINS, AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF. (Proposed Ordinance No. 40510 -8)
For tabulations, see Attachments "A" and "B" respectively.
40510 -18
Minutes of the Regular Meeting - May 10, 1984
Mayor Announces Appointments to Baytown Housing Authority Board
Mayor Cannon mentioned that there are three board members
of the Baytown Housing Authority Board whose terms have
expired - -Pete Alfaro, David Gunn and John Keller. Both David
Gunn and John Keller are unable to continue to serve. Mayor
Cannon appointed Pete Alfaro and Lamar Kelley to the board.
Mr. Kelly will replace John Keller.
Consider Appointments to Baytown Housing Finance Corporation
Board
Councilman Philips moved to appoint Pete Alfaro and Lamar
Kelley to serve on the Baytown Housing Finance Corporation
Board; Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Dickens
Mayor Cannon
Nays: None
Consider Appoin'tmen't 'to Auto Wrecker Committee
Councilman Johnson moved to appoint Bob Willson to the
Auto Wrecker Committee to replace Gary Walker; Councilwoman
Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Dickens
Mayor Cannon
Nays: None
Consider Confirmation of Appointments to Plumbing Appeals
and Advisory Board
Mayor Cannon requested Council confirmation of the
appointments of Monte Young and Lynn Seamons to the Plumbing
Appeals and Advisory Board. Mr. Seamons will be taking
Richard Worth's place on the board.
Councilman Johnson moved to confirm the Mayor's
appointments to the Plumbing Appeals and Advisory Board;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Dickens
Mayor Cannon
Nays: None
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, City Clerk
M E M O R A N D U M Attach¢rent "A"
May 2, 1984
TO: Fritz Lanham, City Manager
FROM:�Norman Dykes, City Engineer /Director of Public Works
SUBJ: 1983 Community Development Program: Street & Drainage Improve-
ments to Oakwood Street - Job No. 8401 -19
Three bids were received for the street and drainage improvements to
Oakwood Street. They are as follows:
Angel Brothers, Inc.
Buffalo Excavating
& Paving, Inc.
Hubco, Inc.
Alternate Alternate Grand
Base No. 1 No. 2 Total
$45,486.75 $5,767.50 $ 8,100.00 $59,354.29
48,028.00
66,966.25
8,960.00
8,915.00
13,950.00
12,232.00
70,938.00
88,113.75
The basic proposal consists of the subgrade work, concrete pavement,
concrete curb, storm drainage and site preparation. Alternate No. 1 con-
sists of replacing the sanitary sewer main and Alternate No. 2 consists
of replacing the existing water main.
Angel Brothers, Inc. has satisfactorily completed two previous Commun-
ity Development projects.
The budgeted amount for this project is $100,000. I recommend the
basic proposal and both alternates be done. I also recommend that Angel
Brothers, Inc. be awarded this project.
Copy to:
Asst City Mgr
City Clerk
Legal
ES /lc
Attachnent "B"
NEMDRAND —IM
May 5, 1984
TO: Fritz Lanham, City Manager
FROM: `;X Norman Dykes, City Engineer /Director of Public Works
SUBJECT: 1983 -84 Sanitary Sewer Sliplining - Phase I Job No.
8404 -04 -- Contract Award
Sealed bids were opened on April 30, 1984, for this project.
Two bids were received as tabulated below.
Channel Construction Co., Inc. $39,200.00
Shur -Flo, Inc. $64.750.00
The project consists of sliplining 1600 linear feet of 6"
and 8" diameter sanitary sewer lines in Wynnewood Addition on
Sunset Drive and 650 linear feet of 6" diameter line in the
easement between E. Humble and E. Republic from S. Seventh St.
east to SH 146.
It is recomrended that the contract award be made to the low
bidder, Channel Construction Co., Inc.
It has been determined that another 6" diameter line along
Adams Ditch serving the residents in the 1500 -1600 block of Colby
is badly in need of repair and Channel has been engaged on an
emergency basis to proceed with sliplining this 595 linear foot
segment. The estimated cost is $9,150.00 and it is recommended
that this addition be handled as Change Order No. 1 to the
contract to be authorized by Council. Monies for the combined
amount, $48,350.00, are provided in Revenue Sharing Funds,
Entitlement XIII and X.V.
Copy to:
Asst. City Mgr.
City Clerk
Legal
RS /sl s