1985 05 09 CC Minutes50509 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 9, 1985
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, May 9, 1985, at 6:30 p.m. in
the Council Chamber of the Baytown City Hall with the
following attendance:
Fred T. Philips
Councilman
Jimmy Johnson
Councilman
Perry M. Simmons
Councilman
Ron Embry
Councilman
Roy L. Fuller
Councilman
Gerald Dickens
Councilman
Emmett 0. Hutto
Mayor
Fritz Lanham
Larry Patterson
Randy Strong
Eileen P. Hall
The meeting was calle
The invocation was offered
the following business was
City Manager
Assistant City Manager
City Attorney
City Clerk
I to order with a quorum present.
by Councilman Philips, afterwhich
transacted:
Consider Minutes for the Regular Meeting Held April 25, 1985
Councilman Simmons moved to approve the minutes for
the meeting held April 25, 1985; Councilman Fuller seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Dickens
Mayor Hutto
Nays: None
Abstained: Councilman Embry
Receive Petitions
None were presented.
James C. Elliott Will Appear
Mr. Elliott appeared to express concern with the
doubling of his taxes. In talking with Mr. Elliott, it
appeared that the problem was that his valuation had been
equalized among the various taxing entities which resulted
in a doubling of his total payment. In the past, the various
taxing entities established their own valuations which
resulted in differences as to the value of the property;
50509 -2
Minutes of the Regular Meeting - May 9, 1985
however, when the Harris County Appraisal District was
established, this entity was given authority to establish
the value for all the taxing entities. Therefore, Mr.
Elliott was instructed to ask to appear before the Harris
County Appraisal District to discuss the valuation on his
property and to ask to speak to the school board concerning
the tax rate levied by that body. It was noted that city
council is the proper entity to contact regarding the tax
rate for the City of Baytown, and that city council would
be looking at lowering the city's tax rate for the 1985/86
fiscal year. Mr. Elliott was invited to attend the budget
work sessions.
Brent Brunson Will Appear
Brent Brunson, homeowner along Cary's Bayou, addressed
council again concerning the slippage of his property and
his neighbor's property. He reminded council that after
much discussion the last time this matter was discussed, it
was decided to allow ample time for council and Mr. Brunson
to review the report. He stated that after looking at the
report he felt that there were many gray areas. Mr. Brunson
then requested that Frank Marshall, Project Manager for
McClelland Engineers, Inc. come forth to give a synopsis
of what the problem is and what it will take to correct the
problem.
Mr. Marshall responded that there are a number of
questions but he felt the beginning question is what caused
the landslide to occur. The engineers have attempted in
the report to answer that, and from what the engineers
have been able to ascertain the landslide may have existed
before the house was constructed. It is a feature of the
bayou which is not a unique thing because very near to
that area on Cedar Bayou one can see a landslide that has
occurred. This is the nature of these beaumont clays where
there are slopes next to the water for whatever reasons
begin to slipe. How old is the landslide? When did it
occur? When did it first start? We just don't know.
However, it is very likely that it could be very ancient.
As the subdivision was developed and there was grading
done and fill placed, that in itself could.have started
the landslide to move again. Currently, why is it not
moving - probably, because it is in a balance situation.
It will move if something happens such as a low tide
situation. A low tide situation will remove some stabil-
ization at the bottom of the slope which in itself would
tend to start the slide moving. Having a period of
extremely wet weather so that the slope gets wet and
heavier would be a contributing factor to make it start
moving again. The presence of the pipeline, the engineers
don't know what effect that had. That is not clear. The
engineers know now how deep it goes. The instruments tell
us that this is a fairly deep slide. It goes well below
the sewer line. It actually passes just below the tips of
the sheeting that was placed to try to remedy the problem.
50509 -3
Minutes of the Regular Meeting - May 9, 1985
On the question of what can be done to remedy the problem,
Mr. Marshall stated that generally the alternatives in the
report are (1) drill piers at the base or near where the
present bulkhead is, (2) drill piers near the house or
(3) try to glue the area back together using grouting
techniques.
Mr. Brunson stated that he felt that there was a dis-
crepancy between the report prepared by McClelland and South-
western Lab in that Southwestern Lab's report indicated that
the original fill should have been removed in the original
line; however, McClelland Engineers did not find that to be
a factor.
In response to whether Mr. Marshall felt the crack in
Mr. Brunson's slab is about the same or had worsened since
his original inspection, Mr. Marshall stated that it appeared
to be about the same.
Mr. Brunson stated that if this slippage was an act of
God that it seems strange that this would take place over a
four year period. He continued that he understood that $92,000
had already been expended to correct the problem, but he did
not feel that the job was done correctly to begin with.
However, this was secondary to the fact that over the last
sixteen months the line has not been repaired by the city.
He stated that the staff has indicated that nothing will be
done until the council indicates what is to be done.
In response to the inquiry from council at the last
meeting, what do you want done, Mr. Brunson said that he
wanted the problem cured. He felt that the city had ample
time to have the problem corrected. In the report, it
specifies that the intent of the report is for McClelland
Engineers to define how the problem can be corrected.
He concluded his statements by stating that he would
feel better if the city could establish beyond a shadow of
a doubt that the city's line did not contribute to this
slippage.
Councilman Fuller pointed out that the report developed
by McClelland Engineers indicated that the slippage was well
below the line. The scarp area shows visually the drop in
the soil. That's irrespective of the line. That's below
the line and it is obviously where the soil disturbance and
instability is. The piling that was installed was to try
to stabilize that area. All this emphasis that is being
placed on the line and the washout from the line in actuality
should be placed on the fact that the slippage of the entire
area is well below the elevation. It is evident to the eye
by the scarp area which is a sheer drop in the soil, and
this should not be overlooked when discussing this problem.
Since the slippage is well below the line, this would cause
the problem with the city's line, but the line itself would
in no way be the cause of the instability of the rest of the
lot. The basic cause of the instability appears to be the
natural slippage of the soil, the sheering of the planes as
evidenced by the technical data and visually. Therefore, the
city's line failed because of the slippage below it.
50509 -4
Minutes of the Regular Meeting - May 9, 1985
Mr. Brunson stated that he had had an engineer review
the McClelland report and that engineer felt that the line
was a contributing factor to the slippage.
There was more discussion concerning events that have
occurred since a leak in the line was first reported.
Mayor Hutto told Mr. Brunson as a practical matter he
felt that Mr. Brunson needed to hire an engineer and check
with an attorney because it would appear that the only way
to resolve the issue at this point would be for a court
to decide. However, with regard to the line needing repair,
the city manager would have a crew go out to inspect the line
and remedy the problem.
Dale Calcarone Will Appear
Mr. Calcarone was not present.
Consider Request of Lyons Food Market for Median Cut on
North Alexander Near East Lobit
Jerry Lyons, owner of Lyons Food Market, requested that
council consider a median cut to provide access to the
shopping center where Lyons Food Market is located. He felt
that this might prompt people to utilize the shopping center
since people do like convenient access to shopping areas.
Mr. Lyons had talked to Mayor Hutto prior to the meeting
and had stated that he would be willing to provide the median
cut on Alexander at Lobit Street as the staff had proposed,
rather than in the middle of the median as originally
requested.
Councilman Philips pointed out that when the Woolco
Shopping Center was open, he had noticed at that median there
was a hazard because of the various turning possibilities
and the traffic coming down Highway 146. Therefore, if
council is looking at the need of the store, the cut should
be made large enough to serve the needs of the store, as
well as the needs of traffic on Lobit Street.
Councilman Fuller pointed out that whichever cut is
granted, the traffic hazard will be increased with no turn
lane and people coming out shooting across four lanes of
traffic.
Councilman Dickens felt that if the cut were granted,
the traffic hazard would be decreased because he felt a
U -turn movement to be more dangerous than a median cut.
Therefore, Councilman Dickens moved to approve the median
cut as proposed by Lyons Grocery as originally requested;
Councilman Philips seconded the motion.
Councilman Johnson stated that his only concern with
providing a median cut for Lobit Street would be that there
would be an increased volume of traffic traveling through
the center to get to Tenth Street.
50509 -5
Minutes of the Regular Meeting - May 9, 1985
Councilman Fuller clarified that what the motion
included is a median cut in the middle of the block with no
left turn lane. He felt that more consideration should be
given to providing the left turn lane. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, and Dickens
Mayor Hutto
Nays: Councilman Fuller
Mr. Lanham reminded Mr. Lyons that he would need to
provide detailed engineering plans of the median cut.
Consider Approving Request of Fig Orchard Road Area Residents
That the City Release Fire and Ambulance Service Coverage
to Highlands Volunteer Fire Department
At a recent meeting the city agreed to provide fire
service to a larger area because the Highlands Volunteer
Fire Department had withdrawn service to a portion of the
area within the county. Since that time Mr. Avaloz with the
Highlands Volunteer Fire Department had spoken with the city
attorney and submitted a letter which stated that the
Highlands Volunteer Fire Department had been approached by
the Fig Orchard Road area residents which represents an area
east of Fig Orchard Road, west of Battlebell and north of
Wade Road to promote fire and ambulance service to that
area. These residents had agreed to an annual contribution
as evidenced by a memorandum from Harry M. Stewart, represen-
tative of the citizens living in that area.
The Harris County Fire Marshal has indicated that if
the City of Baytown puts in writing its willingness to
release this area, there would be no objection from the
county to the Highlands Volunteer Fire Department serving
this area.
Basically, what the residents are requesting is that
council approve the release of the Fig Orchard Road area
from the city's fire and ambulance service. The adminis-
tration recommended approval of the request.
Councilman Dickens moved to accept the recommendation
of the administration; Councilman Johnson seconded the
motion.
In response to an inquiry from council, Mr. Lanham
stated that assurances were given that the Highlands Volun-
teer Fire Department would take care of the entire area.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Hutto
Nays: None
50509 -6
Minutes of the Regular Meeting - May 9, 1985
Discuss City of Baytown's 9 -1 -1 Development Plans and
Authorize Expenditure of Funds to Accomplish These*Plans
Larry Patterson, Assistant City Manager, reviewed with
council a memorandum dated May 7, 1985 to the city manager
which discussed the City of Baytown's 9 -1 -1 Development and
Resource needs. A copy of that memorandum is attached to
the minutes as Attachment "A."
After the proposal was completely reviewed, Mr. Patterson
in response to an inquiry from council, explained that the
$ .20 charge assessed by 9 -1 -1 is being utilized to establish
9 -1 -1 and purchase all the necessary computer hardware, as
well as set up the data base, but the individual entities
are responsible to furnish the proper environment to place
the equipment and to provide dispatchers.
Councilman Johnson stated that he was not aware that
the city would need to expend additional funds above the
$ .20 charge.
Councilman Fuller, who is on the board of 9 -1 -1 stated
that he would need to check, but he felt that other entities
were utilizing existing facilities without this kind of
cost.
Mr. Patterson pointed out that the major cost factor
listed is the generator which would be needed for the police
department in any event.
Councilman Dickens moved to authorize the administration
to proceed with the plans as presented; Councilman Philips
seconded the motion.
Councilman Embry emphasized that at this point he is
not committing to the expenditure of funds, but would like
to advertise for bids to obtain actual costs.
Councilman Philips pointed to the need to move ahead
with plans for the new fire station. The vote follows:
Ayes: Council members Philips, Simmons, Embry, Fuller
and Dickens
Mayor Hutto
Nays: Councilman Johnson
Consider Proposal for Soil Tests for Elevated Water Tank
Site
It is necessary to obtain soil tests in order that
Bovay Engineers may proceed with plans for the new overhead
storage facility on the east side of the city.
McClelland Engineers propose to explore the subsurface
soil conditions and to develop recommendations to guide
design and construction of foundations for the water tank.
50509 -7
Minutes of the Regular Meeting - May 9, 1985
They will also perform a reconnaissance fault study to
evaluate the presence of surface faults at the site. Eight
borings and laboratory tests on selected samples from the
borings will be made. The estimated cost to perform this
work is $6,250. The administration recommended approval
that soil tests be performed for the elevated water tank
site.
Councilman Philips moved to accept the recommendation
of the administration; Councilman Fuller seconded the motion.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Hutto
Nays: None
Discuss Adoption of a Policy Regarding Cooperation of the
City with Subdivision Civic Associations as to Deed
Restrictions
Randy Strong, City Attorney, had asked that council
discuss adoption of a policy regarding cooperation of the
city with subdivision civic associations as to deed restric-
tions. The legal department had received a request from the
Country Club Civic Association that the city adopt a policy
of no issuance of building permits in Country Club Subdivision
until such time as the Architectural Control Committee for
that subdivision has an opportunity to review the plans to
determine if those plans comply with the subdivision deed
restrictions.
The city does require that an affidavit be signed upon
request for a building permit that the deed restrictions
have been reviewed, and the plans are in compliance with
those restrictions; however, the city does not attempt to
verify the affidavit. During earlier work sessions, the
problem was discussed.
Neither building codes for the City of Baytown nor the
Code of Ordinances provide for the city's withholding
of permit approval because of the lack of review by a civic
association. Deed restrictions are a private contractural
agreement between property owners to limit the use of their
property. The city has no authority to enforce such private
contractural agreements other than the specific provisions
of state law which specifies that a city may enforce re-
strictions dealing with businesses in a residential
neighborhood, setback lines, and types of buildings. Civic
associations have the power to enforce other type restric-
tions such as the percentage of brick used in the outside
of the structure and the compatability of the design of the
structure with the neighborhood. If the city would adopt
such an ordinance, the city would have no control over the
reasons used by an architectural committee to withhold approval.
50509 -8
Minutes of the Regular Meeting May 9, 1985
Such a committee could withdraw approval for reasons un-
connected with the deed restrictions, and the city would not
have a mechanism to correct such an act. The city does not
appoint the members of the architectural committee, cannot
dismiss that committee, and has no appellate power over the
committee. For those reasons, the city attorney recommended
against the adoption of such a policy.
However, the administration did recommend the adoption
of a policy that if the city has on file an address for the
civic association, the inspection department could notify by
mail the civic association of any building permit request
within that subdivision. This would simply be a notification,
and the city would not withhold building permits pending
approval of the civic association. This would give the
civic association time to review the proposed plans and an
opportunity to attempt to effect changes in the plans prior
to the structure being built. The civic association should
be required to acknowledge that failure by the city to
provide notification would not impose liability upon the
city.
In the interest of time, Mayor Hutto appointed Council-
man Embry to work with the administration, to determine the
best procedure to assist the civic associations. Council
was invited to provide input. Councilman Embry will report
back to council.
Irvina Abrams - Brunson Theatre
Mr. Irving Abrams was recognized by Mayor Hutto. Mr.
Abrams stated that he is presently negotiating to acquire
the Brunson Theatre and plans to open the Brunson on Monday,
September 2, 1985, with quality entertainment.
Discuss Policy of Civilians Riding in Police Cars
The city manager indicated that one of the
was insurance and whether civilians who might b e
police car would be covered. The administration
who might be riding in police cars from time to
developed the following list:
1. Members of city council;
2. Families of police officers;
3. Explorer scouts;
4. Chaplains;
5. Prisoners;
major concerns
riding in a
has studied
time and
6. City employees, including police officers who
are off duty;
7. Other citizens.
50509 -9
Minutes of the Regular Meeting - May 9, 1985
The city's insurance carrier was asked to assist the
administration in answering this question. Council members
are covered by the city's workmen's compensation insurance
so long as they are on official business. Families of
police officers are to be covered by their own policies
through uninsured motorist coverage if the other driver
is at fault and has no insurance coverage. The police
department sponsors an explorer scout troop and has for
several years, and the city provides a small insurance
policy that is a part of the group policy to cover this
troop. Chaplains or other citizens riding would be covered
by the city's insurance policy only if the city was at
fault and liable for the accident. If the other driver
is at fault, the city's policy would not cover damages.
However, there is an order which prohibits citizens from
riding in police cars. City employees are covered if that
employee is working in an offical capacity; however, if
the city employee is not in official capacity, they would
not be covered.
In response to an inquiry from council, Mr. Lanham
stated that the policy of the police department is that
civilians will not be permitted to ride in police cars
except when necessary in the performance of duty. This
does not affect the off -duty status of the car program.
Families are authorized to ride. If the accident is
the responsibility of the police officer, in all probability
the family would prevail if a claim is filed with the city's
carrier. The only time the family would be in trouble is
if the other driver is at fault, and the other driver is
not insured, thus the family would be responsible for its
own injuries at that time. The police chief is going to
notify the officers of the need for each to maintain coverage
for their families.
Mayor Hutto said that a number of people had talked
with him about the fact that on various occasions they had
noticed officers riding with persons dressed in civilian
attire which produced questions in the minds of the citizens.
Mayor Hutto was concerned that there may be persons riding
who are abusing the system. Another point that was made,
was that there are some police officers who would not want
to be responsible for a council person riding with them.
If a critical situation should occur, the officer will have
to concern himself with the safety of the council member.
A policy issued in 1978 stipulates that civilians will
not be permitted to ride in police cars except when necessary
in the performance of their duty. The only exceptions to
that are the Mayor and council members, the city manager,
other city employees in the performance of city business,
law enforcement personnel from other agencies in the perfor-
mance of duty, the chaplains, the explorer post scouts and
there only with the authorization of the officer who works
with the scouts.
50509 -10
Minutes of the Regular Meeting - May 9, 1985
in response to an inquiry from council, the Chief of
Police stated that the Police Chaplain is not a paid position,
but the chaplain has been helpful in delivering death
messages and in counseling with some of the officers. At
one time there were about 16 chaplains, but presently there
is only one.
Several years ago, there was a program whereby citizens
could register to ride with a patrol officer, but the insur-
ance company felt this presented too great a liability for
the city.
Chief Henscey stated that he would be willing to provide
a sign out list so that anyone desiring to ride with an
officer would need to so stipulate and if the officer did
not wish to be assigned to a civilian, then he would assign
the civilian to another officer.
Council expressed concern that the chaplain is not
covered by workmen's compensation insurance. The safety
director stated that this could be remedied by adding the
chaplain to the coverage at a cost of about $6.00 yearly.
The chief of police also mentioned in response to
inquiry from council that off -duty policemen are permitted
to use the police cars to ride to and from off -duty jobs,
but are not permitted to use the police car for off -duty
work.
Mayor Hutto suggested that no one be allowed to ride
in police cars unless there is a determination made that
they are covered by insurance. He felt that it would be
appropriate for council members to let fellow council
members know when they intend to ride. Council voiced no
objections to those suggestions.
Consider Proposed Resolution No. 914, Opposing Local
Measured Telephone Service
Councilman Dickens had requested that this item be
placed on the agenda for consideration. The proposed
resolution indicates that since the Texas Legislature is
presently considering legislation which would prohibit the
authorization of the local measured telephone service by
the Public Utility Commission of Texas, the City Council
of the City of Baytown supports legislation which would
prohibit imposition of local measured service to the
telephone ratepayers of Texas.
Councilman Dickens moved for adoption of the resolution;
Councilman Johnson seconded the motion.
Councilman Embry stated that he disagreed with the
wording of the last two paragraphs in the resolution and
requested that the motion be amended to delete those two
paragraphs. If the motion would be amended in that fashion,
he could support it. Councilman Dickens felt the paragraphs
to be satisfactory. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Dickens
Mayor Hutto
Nays: Councilman Embry
50509 -11
Minutes of the Regular Meeting - May 9, 1985
RESOLUTION NO. 914
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BAYTOWN
SUPPORTING LEGISLATION PROHIBITING IMPOSITION OF LOCAL
MEASURED SERVICE UPON THE TELEPHONE RATEPAYERS OF TEXAS.
Consent Agenda
The city manager clarified that the low bidder on the
lot mowing contract was not required to have mowers before
the contract was bid; therefore, the low bidder will have
two weeks in which to acquire the proper equipment to
perform the contract. The Consent Agenda follows:
a. Proposed Ordinance No. 50509 -1, will award the bid
for a 1/2 ton long bed pickup truck. Bids were
mailed to ten vendors; seven proposals were
received. LaMarque Ford of Texas, Inc. submitted
the low bid of $9,589.63. This vehicle is to
replace the 1/2 ton pickup used by the Water
Distribution superintendent.
We recommend the low bidder, LaMarque Ford of
Texas, Inc. be awarded this contract.
b. Proposed Ordinance No. 50509 -2, will award the bid
for a flat bed dump truck. Bids were mailed to
ten vendors; six proposals were received. Mort
Hall Ford, Inc. submitted the low bid of $22,444.78.
This is a replacement vehicle for the sewage
collection division of Public Works.
We recommend the low bidder, Mort Hall Ford, Inc.
be awarded this contract.
C. Proposed Ordinance No. 50509 -3, will award a 3 ton
package unit air conditioner. Bids were mailed to
six vendors; four proposals were received. Yates
Air Coniditioning submitted the low bid of $2,100.
This is a replacement unit for the Sewage Treatment
Division.
We recommend the low bidder, Yates Air Condition-
ing, be awarded this contract.
d. Proposed Ordinance No. 50509 -4, will award the lot
mowing contract. Bids were mailed to seventeen
contractors; seven proposals were received. oasis
Landscaping submitted the low bid of $14.40 per
hour and $15.00 a lot.
We recommend the low bidder, Oasis Landscaping, be
awarded this contract.
50509 -12
Minutes of the Regular Meeting - May 9, 1985
e. Proposed Ordinance No. 50509 -5, will remove no
turn on red restrictions on North Alexander Drive.
This ordinance will remove restrictions as follows:
On N. Alexander Drive at E. Texas Avenue and Ward
Road in both directions.
On Ward Road at N. Alexander Drive in both directions.
This recommendation has been before the Traffic
Commission and meets with their approval. We
recommend approval of Proposed Ordinance No. 50509 -5.
f. Proposed Ordinance No. 50509 -6, will remove the
left turn restrictions on West Texas Avenue. This
ordinance will remove the restrictions on W. Texas
Avenue as follows:
Eastbound at Jones and Ashbel Streets
Westbound at Gaillard Street.
This recommendation has been before the Traffic
Commission and meets with their approval. We
recommend approval of Proposed Ordinance No.
50509 -6.
g. Council is asked to consider authorization to
provide water service at 2323 Sylvan Road. Mrs.
Berry of 2323 Sylvan Road is requesting water
service. She is located a few hundred feet west
of Sjolander Road. Sylvan Road is about 21000
feet north of Cedar Bayou Lynchburg Road. We have
a 12" water line on the west side of Sjolander.
We could lay a 4" pvc water line on Sylvan Road to
provide her services. Several others are located
on Sylvan and this line could be extended in the
future as needed. Our construction costs would be
covered by her connection fees.
We recommend approval of this request for water
service.
Councilman Philips moved to adopt the consent agenda;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Hutto
Nays: None
50509 -13
Minutes of the Regular Meeting - May 9, 1985
ORDINANCE NO. 4145
AN ORDINANCE ACCEPTING THE BID OF LAMARQUE FORD OF TEXAS,
INC. FOR THE PURCHASE OF A ONE HALF TON LONGBED PICKUP AND
AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF
NINE THOUSAND FIVE HUNDRED EIGHTY -NINE AND 63/100 ($9,589.63)
DOLLARS. (Proposed Ordinance No. 50509 -1)
ORDINANCE NO. 4146
AN ORDINANCE ACCEPTING THE BID OF MORT HALL FORD, INC. FOR
THE PURCHASE OF A FLAT BED DUMP TRUCK AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY TWO
THOUSAND FOUR HUNDRED'FORTY -FOUR AND 78/100 ($22,444.78)
DOLLARS. (Proposed Ordinance No. 50509 -2)
ORDINANCE NO. 4147
AN ORDINANCE ACCEPTING THE BID OF YATES AIR CONDITIONING FOR
THE PURCHASE OF A THREE TON PACKAGE UNIT AIR CONDITIONER AND
AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF
TWO THOUSAND ONE HUNDRED AND N01100 ($2,100.00) DOLLARS.
(Proposed Ordinance No. 50509 -3)
ORDINANCE NO. 4148
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
OASIS LANDSCAPING FOR ANNUAL LOT- MOWING CONTRACT; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordin-
ance No. 50509 -4)
ORDINANCE NO. 4149
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, PROVIDING FOR THE REMOVAL OF NO TURN ON RED RESTRIC-
TIONS ON NORTH ALEXANDER DRIVE AND PROVIDING FOR THE EFFEC-
TIVE DATE HEREOF. (Proposed Ordinance No. 50509 -5)
ORDINANCE NO. 4150
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, PROVIDING FOR THE REMOVAL OF LEFT TURN RESTRICTIONS
ON WEST TEXAS AVENUE AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF. (Proposed Ordinance No. 50509 -6)
For bid tabulations, see Attachments "B" through "E."
50509 -14
Minutes of the Regular Meeting - May 9, 1985
Citv Manager's Report
Mass Transit Legislation - on April 11, council adopted
a resolution requesting that the state legislature adopt
legislation that would give cities with over 50,000 popula-
tion the authority to establish a transit authority and levy
a sales tax to provide the financing. A bill had been
introduced before that resolution was passed that would not
have allowed Baytown to establish such an authority nor levy
a sales tax, but in the course of working its way through
the legislature, a bill passed the house which was a substi-
tute bill which would give the cities an option of establishing
a transit authority and levying a sales tax to finance its
operation or levying, upon vote of the people, an additional
$ .01 and offset that by a reduction in property tax. That
has been approved in two readings by the house. The senate
bill is different so the legislation will have to go to a
conference committee. The senate bill is as originally
proposed and that is that cities outside a metropolitan area
with over 50,000 population could establish a transit
authority and levy a sales tax to finance it. Baytown would
not be eligible because Baytown is in a county and in a
metropolitan area with a city that has a mass transit
authority.
Loop 201 Utility Adjustments - The contractor has
completed this work.
North Main Water and Sanitary Sewer Lines - This contract
has been completed. There were change orders to that because
the contractor discovered when he began to bore under the
numerous pipelines that one was much deeper than anticipated
which meant that it would cost about $30,000 to relocate the
pipeline. The decision was made to go over those pipelines
and put in a small lift station because at this point there
is only one user there.
1984/85 Sliplining - over 2,000 feet of seven inch
liner and 27 connections have been made on Cedar Bayou Road.
Drainage - City forces have completed drainage work on
Ashbel and South Burnet.
Harris County Flood Control District - The work on the
drainage ditch north of Craigmont has been completed.
Tenth Street Park /Detention Pond - The contractor has
begun excavation of the site and the material is being
hauled to the Loop 201 job.
1985 Street Improvement Program - The contractor has
begun work on the 1985 Street Improvement Program. All the
work on Steinman has been done except the asphalt work and
the contractor is in the process of reconstructing Sunset.
Six Bay Municipal Service Center Garage Facility - The
contractor on this project has completed the foundation work
and is awaiting delivery of the material for the structure.
50509 -15
Minutes of the Regular Meeting - May 9, 1985
Texas Municipal League Institute - Council had been
furnished with registration forms for the 1985 Texas Municipal
League Institute which need to be returned to the city clerk
as soon as possible to assure timely registration.
Texas Municipal League Institite - Those council members
interested in registering for the 1985 Texas Municipal
League Institute need to return the registration forms to
the city clerk as soon as possible to assure timely regis-
tration.
Questions /Comments from Council
Councilman Simmons was interested in retaining an
architect to perform the necessary design work for the fire
stations. The city manager responded that council can make
that selection at anytime. It is still necessary to select
a site for the combination fire station /fire administration
building, or council could change the plan to a fire station
and administration building being constructed in the northern
part of the city. The staff would like for that to be an
option. A study gave the general vicinity of where the
stations should be located, but not the administration
building.
The city owns a parcel of land to the north which was
purchased at the same time that a sanitary sewer lift station
was being constructed on Garth Road. If the decision should
be made to build a combination station in the northern part
of the city, that site is too small.
Council determined that architects had already been
interviewed and that any new member of council interested
could arrange an interview prior to the council meeting.
The administration will be prepared to make a recommen-
dation at the next council meeting regarding sites for the
fire stations and the possible combination format.
Councilman Philips suggested that council have input
into the budget prior to beginning the process. Mr. Lanham
stated that whenever council would like to do that would be
fine, but the administration had planned to begin the budget
process tomorrow. Council scheduled a work session to
discuss the 1985/86 budget for 5:00 p.m. on May 23.
Sewer Line on Bob Smith Road - Council had discussed
the sewer repair policy at a previous council meeting. Mr.
Townsend, a resident on Bob Smith Road, was present and had
stated that he understood the policy and if the problem was
not in the city line that he understood that he would be
billed accordingly. The city crew went out, dug up the
street and the sewer line, but the problem was in Mr.
Townsend's line. Mr. Townsend had been under the impression
that the city had constructed a new line that crossed his
service line which was the cause of the stoppage, but this
was not the case. Mr. Townsend's service line had a hole in
the end of it; therefore, the city crew repaired it and sent
Mr. Townsend a bill.
50509 -16
Minutes of the Regular Meeting - May 9, 1985
Tompkins Road Televising - Lines on Tompkins Road have
been televised and there is no evidence of any sag or any
other obstruction in those lines. Therefore, there must be
some other solution.
Question Concerning Executive Session - Ms. Reba Eichel-
berger, attorney at law, was present and inquired if it is
ever possible to get a copy of the proposed ordinance, along
with the exhibit sheet when Brownwood is going to be discussed
during executive session. Randy Strong, City Attorney,
stated that it would be possible when the attorneys have it
prior to the meeting, but at this particular meeting the
appraiser came in at about 4:30 p.m. and the attorneys were
not certain which properties would be discussed. The ordinance
was put on the agenda so that if the appraiser finished his
work on time action could be taken, but up until just prior
to the meeting, the attorneys were not certain which parcels
would be discussed. Ms. Eichelberger then replied that the
proposed ordinance was really a vague thing. It is not
something that is going to be specifically addressed until
after council goes into executive session. The city attorney
responded that as to the specific properties on the values,
►no ►►
Recess Into Executive Session to Discuss Pending and Contem-
plated Litigation and Land Acquisition
Mayor Hutto recessed the open meeting into executive
session to discuss pending and contemplated litigation and
land acquisition. When the open meeting reconvened, the
following business was transacted:
Consider Proposed Ordinance, Authorizing the City Attorney
to Make Offers for and on Behalf of the City of Baytown
for Purchase of Property in Brownwood; Requesting that
such Offers be Accepted Within Fifteen (15) Days;
Directing the City Attorney to Institute Condemnation
Proceedings in the Event Such Offers Are Refused
Councilman Fuller moved for adoption of the ordinance;
Councilman Dickens seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Hutto
Nays: None
ORDINANCE NO. 4151
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE OFFERS
FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE OWNERS OR
OTHER PARTIES IN INTEREST FOR THE ACQUSITION OF CERTAIN
TRACTS DESCRIBED HEREIN REQUIRED FOR PARK PURPOSES; REQUIRING
THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN (15) DAYS;
DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PRO-
CEEDINGS IN THE EVENT SUCH OFFERS ARE REFUSED; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
50509 -17
Minutes of the Regular Meeting - May 9, 1985
School Zones Study
Prior to adjourning the meeting, Mayor Hutto appointed
Councilman Johnson and a member of the traffic commission to
be named later, to review and study the distance on the
school speed zones before the next school year begins.
Agenda Item
Mayor Hutto requested that an item be placed on the
next agenda to discuss the speed limits on Baker Road and
Rollingbrook Drive. The traffic commission has already
discussed the matter; therefore, it would be appropriate to
put the item on the agenda.
Mayor Hutto also mentioned the possible need for a
traffic signal at Baker Road at Goose Creek Drive and Baker
Road at Country Club Drive. This matter will be referred to
the traffic commission. The commission is to look at the
feasibility of traffic lights and /or the removal of obstructions.
Harris County Mayors and Councils Association
Councilman Fuller reminded council that there is a
meeting of the Harris County Mayors and Councils Association
next Thursday at the Goose Creek Country Club.
Adjournment
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, City Clerk
Attachment "A"
M E M O R A N D U M
May 7, 1985
TO: Fritz Lanham, City Manager
FROM: Larry Patterson, Asst. City Manager
SUBJECT: City of Baytown's 9 -1 -1 Development and
Resource Needs
Entering into FY 84 -85, the development time frame of
9 -1 -1 was not concrete and had not been conveyed to the
cities which would participate in this program. Shortly
after the beginning of the fiscal year it was conveyed to us
that the development plans for 9 -1 -1 would bring this system
into operational status as of January of 1986. The schedule
for the installation of 9 -1 -1 equipment is to begin in June
and finish in September; hot tests would begin in October
and run through December, with switchover into on -line
status in January of 1986. The City of Baytown did not
budget funds for this development for FY 84 -85.
It was determined that that the City of Baytown will
have both a PSAP (Public Safety Answering Point) and a SSAP
(Secondary Safety Answering Point). The PSAP is the primary
answering point for all 9 -1 -1 calls and a selectively routed
system. Calls are then transferred to the proper emergency
agencies such as police, fire, ambulance, etc. The SSAP is
a location to which 9 -1 -1 calls are transferred from a
neutral PSAP. The SSAP represents the police, fire, and
civil defense and other agencies with capabilities to receive
9 -1 -1 transfer of calls on display units. Having both of
these of course insures us that we do have sufficient backup
in case the PSAP encounters problems which takes it out of
service. Of course the flip side of that coin is that it
does increase our costs in terms of development.
In reviewing our preparation for the installation of
this equipment we have identified the following steps which
must be undertaken:
First, housing must be provided for the 9 -1 -1 equipment
in both the police and fire. Secondly, conduit must be ran
to hook in all power to the unit. Thirdly, an alternate
power source must be identified and connected. Fourthly,
personnel must be hired and /or trained. In defining these
steps further, we found that the City of Baytown did have
several problems which must be overcome prior to the installa-
tion of the 9 -1 -1 equipment. In the Police Department we
found that the building was too small to house the additional
equipment; therefore, we need to purchase a building that
would provide housing for this equipment. This building
needs to be a minimum of 8 X 8' but we feel that to provide
sufficient room for the installation of equipment and also
provide working room in that building for maintenance, a 12
X 12' structure would be more suitable. We feel the cost of
such a building will run between $10,000 and $15,000.
Secondly, in discussing the installation of conduit with the
General Telephone representatives, we began to trace down
all of our circuitry and found that the current police
generator is above capacity. Currently the Police Department
has a 30 kw generator capable of a maximum output of 90
amps. The generator is currently connected to sources which
will pull 115 amps and additional equipment in the police
department needs to connected. This is not counting the
installation of the 9 -1 -1 equipment. We feel that our needs
will be in the neighborhood of the installation of a 120 -
180 kw generator. We have also discovered that generators
this size only come in diesel and therefore will require the
purchase of a generator, the setting of a tank and pumps,
and a transfer switch. Of course included in that will be
some parking lot work that will need to be done because of
the setting of the tank and there will also be the cost of
connecting the transfer switch. We feel that the installation
and purchase of a generator will cost around $50,000.
Reviewing fire, we also need to consider an alternate
power source and we feel that the present generator in the
Police Department would be a suitable source of alternate
power. Therefore, we propose to move that generator to the
fire station and install it there. Much of the installation
work, both at the police and fire departments, can be done
by our forces. We feel that installation of this generator
at the fire department will cost an additional $4,000. This
cost is primarily for the purchase of an air conditioner -
heat pump to provide suitable environmental controls. The
fire department has been working to prepare their Conference
Room to house their 9 -1 -1 equipment. It will be housed in
the east corner of that room and has resulted in the placement
of a wall and the boarding of a window. Also, to install 9-
1-1 equipment and connect all power sources, the conduit in
both police and fire will run approximately $4,000.
Finally, the question of personnel needs to be addressed.
In a "best case" example, the 9 -1 -1 dispatcher would be
separate from either the police or fire dispatcher. The
purpose of a 9 -1 -1 dispatcher is to receive emergency calls
and route that call to the proper agency, be it police,
fire, or ambulance. In order to operate at peak efficiency,
the 9 -1 -1 dispatcher should not be involved in defining that
call beyond its emergency status or in the directing of
units to the scene or answering questions. If we go with a
"best situation ", we will need to employ five dispatchers.
To employ five dispatchers with shift differential and
benefits from 8 -1 -85 to 9 -30 -85 will cost $15,962.60. This
cost is subject to change based on need. Of course our
system could work with either the fire or police dispatchers
operating as 9 -1 -1 dispatchers. This could create a burden
in the Fire Department where you only have one individual
working the evening and night shift. It could also create
problems in answering in police due to the geographical
location of dispatchers to each other, the operation of the
present phone system in police, and the fact that police
dispatchers become very burdened with the handling of emergency
calls.
Therefore, we request that we proceed with these plans
and that we seek Council authorization to appropriate funds
necessary for this installation. The total cost of the
elements that I have indicated to you is $88,963. We are
hopeful that we can accomplish this installation at a cost
much below that figure. But until we actually get into the
bidding process and encounter whatever problems that one
encounters in this type of installation, it is very hard to
put a concrete figure on these costs.
CITY GI 9AYTOI :N
' BID TABUL�TIOi� Attachment "B"
EID: 8504 -69
DATE • 4 -30-85 2: G 0 P. M.
Ff1 l QTY UNIT I DESCR
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$9,795.00
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CITY OF PAYTO..N
- 9ID TABULATIOJJ
T I T! E: 1 2 TON IANG'BID PICKUP TiIiJC3C
BID: 8504 -69
DA.T= : 4/30/85 2:00 P.M.
PAIGE 3
I"' QTY
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UNIT
DESCRIPTION
A. C. COLLINS FORD
BAYSHOI2C DODGC/TOYOTA
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Dod e/D -100 $10,073.68
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$9,900.00
( I $10,073.68
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' 8I D TABUL,' -►T I O�Y
7ITLS: FLAT BED DUMP TRUCK
EID: SSO4- 4-9
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CITY 0: EAYT(YaN
• ettachment
• 9ID TABULATION
TITLE: 3 TON PUCKA =a tw- T TR ccwpTTTr)hm
BID: 8503 -63
D.-"%TE : 5/7/85 2:00 P.M.
I T E'•S QTY UNIT I DESCR I PT I bN YAZ'ES AIR �D��� -
ur`IT PRICE EXT. PRICE UNIT PRICE I EXT. PRICE ( UNIT
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TITLE:- AhM tar _ r rm- (rMPRA(_T
EID: BID NUMBER 8504 -71
DATE
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