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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 � IT - -' I PT I ON � i S�'H rCYIA Fnun I i=XT. PRICc I EXT. PRICc :IEXT. PRICS Make od EXT. PR•ICr I1/2 TON IANGBID PIC�CfJP TRi3CI{ I Chev CC109 $9,795.00 IFord -150 ' 19 589.63 IChev oc10903 10 429:00 No ea I I Total 9,795.00 I 1$9,589.63 1 $10,429.00 I I I I I 1 I - 1I I- I I I I II Bids were mailed to ten vendors I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I DELIVERY "':T TOTAL I ERMS I I I I I I I I I I I 3 w v D C 9 n -c O z rn r •• in .A GO Ln in � • O \ 1 o Ln w N z � N in � X tHh -1 z O m III III O f r . C n X x b C1 rn n rn 18 i i ' n rn c i �w r, M i •v r) rn I 1O 0 --I N ;u r'1 Crl 3 w v D C 9 n -c O z rn r •• in .A GO Ln � • O \ 1 o Ln w 3 w v D C 9 n -c O z 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 IT '"' UNIT DESCRIPTION A. C. COLLINS FORD BAYSHOI2C DODGC/TOYOTA MORT HALL _Make odes: EXT. P,2ICc Make el• I EXT. PRIC -c IM e e � EX7. PR10E IUr;IT PR1C= IEXT. PRICE 2 CD PICKUP TitUQC Ford 150 $9,900.00 Dod e/D -100 $10,073.68 Ford/F150 $10,210.00 I ( 1 ea I per s cificat_ions I I I I Total $9,900.00 ( I $10,073.68 I $10,210.00 I I I I Qelj3Lea 90 days l I 90 cuys I 90 days- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I t I I I I I 1 I i I I i I I I I I I I I I I 1 I I I I D= LIVEFY I TOTAL TERMS I I I co v � C) CI) W -q C z 9 ct sn A m m 0 R — rn r Jt b 00 Ch i: m rn N c C Z -i to H v to n .... O N W -I Z M z � o n `* p N � H r r c_ n rn rn x 7V f'7 m m. ta� `° 0 -x+ to ci rn ro . I � i ' n rn I I Y. -i n rill co v � C) CI) W -q C z 9 ct sn A m m 0 R rn r Jt b 00 Ch m rn N c co v � C) CI) W -q C z 9 ct sn A m m 0 R CITY OF BAYTO::TI r` v-lz z ' 8I D TABUL,' -►T I O�Y 7ITLS: FLAT BED DUMP TRUCK EID: SSO4- 4-9 -4/501 SS 2:00 P. M. ITEM QTY UNIT DESCRIPTION - EXT. PRICE - - EXT. P2ICc 1 MDRT TRiICK - EX7. PRICEIUhIT PR1CcIEXT. PRICE 1 1 ea per specifications Chen N I I 1,�22A44-78 I I Deli I I I 70--1 50 dimrs I I 00 days I I I I I I D= LIVERY N=7 TOTAL I I I I I I I ( ( I 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 PRIG= I EXT. PRTCE Iur;IT PRIC= 1 1 each 3 TON PACKAGE UNIT AIR 2 100.00 2 2 0 0 I CONDITIONER specifications ( I I Make • I I Carrier I I Total: I I I I I Delivery:I I 7 Claus I I I Bids mailed to six vendors I I I I I I I I I I I I •I I I I I. I I I I I I I I I I I I I I I I I I I I I I • I I I • I I I I I I I I I I I ( I I I I I I I I I I I DE LIVERY N =T TOTAL TERMS ( I I I I I ( I I I TITLE:- AhM tar _ r rm- (rMPRA(_T EID: BID NUMBER 8504 -71 DATE C I T Y OF SAYTO::N • BID TABUL.;TICiJ Attachment "E" - ITF'•� I QTY UNIT DESCRIPTIUN RAY'S LAT`ID6CAPING STAN ELIMQNSC�T � nFt�r n�rrS U ►JIT PRIC= EXT. PRICE UNIT PRICE I EXT. PRICc I U ►J1T PRICE EXT. PRICE (Ur;IT P2JCE IEXT. PRICE 1 LO►I�- MONTrNG OONTRACT No nse N I I I I I I I I I i I I 25.00 S25-00 i I f I I I 1 80%1 lot I Minimun Charge M Lot 1 17.00 1 17 00 30.00 $30, 0 I I Deli I IAs I As rwuired I I I I• I I I ( Ifiled. I I I 1 ( I I I I I ( ( I I I I I I I I I I i I 1 I I I I I I I I I I I I I I I I l ( I I I i I i I I I 1 I 1 G= LI1iERY NET TOT.-l-,L . ERMS 1 1 T I ; L� : ANNUM, Lprl�- NfDWI1VG (�fl'RACT E I D: BID NUNI$ER 8504 -71 DATE: 5/2/85 2: G 0 P. M. ITS ►��I QTY UNIT DESCRIPTION � , UNIT PRIC= EXT. PRICt UNIT PRICE I EXT. PRICc I UNIT P2lCE EXT. PR1CcIUr'tiIT PR1Cc �h CE IIL7r No Re .. I I I ' I I 20� I I I - ( I • � I I I I I I 80$ lot I Minimtan az a >At � 15.00 15.00 I 18 I I I I I I I I I I I I I I I II I I ( III I I 1 I I Special Cinditians Bid filed i Bid ties filed I I I I I I I I I I I I I ( I I I l I I I I I I I I I I I I ( ( I l i I I I I I I I I ( � I I I I I I I I i I I I i I CITY Or= EAYTO:.`N SID TA9U�TIO+J • PAGE 2 . � I � � G= LIVc'Y h.T TOT^�L TERrrtS I I I I I i I I I f i I I i I I I I I � I � � G= LIVc'Y h.T TOT^�L TERrrtS i I a s I Q m -� rn I•. F- 00 CA 0 I� N In A to [C[_ 1� --I Q f'1 •-i �O Y Q z w --I t� 0 � A -� w O C rt N O In � n N• to :� ~ n -•"•I w � z 07 t h m -4 r- 3 � an —I < O fN ' 1 it r c O -I 'v n rn lD x n rn 4 Z to ' •o n rn m 71 m ro A n rn W N z b n Ill Ili Q rn X --I n Fri C 7_ • n F4 Lo w n rn Q m -� rn I•. F- 00 CA 0 I� N In A to [C[_ 1� --I Q f'1 •-i �O Y Q z w