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1985 06 27 CC Minutes50627 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 27, 1985 The City Council of the City of Baytown, Texas, met in regular session on Thursday, June 27, 1985, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Fred T. Philips Jimmy Johnson Perry M. Simmons Ron Embry Roy L. Fuller Gerald Dickens Emmett 0. Hutto Fritz Lanham Larry Patterson Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was called to order with a quorum present. The invocation was offered by Councilman Embry, afterwhich the following business was conducted: Consider Minutes for the Regular Meeting Held June 13, 1985 Councilman Philips moved for approval of the minutes for the meeting held June 13, 1985; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Abstained: Councilman Johnson Receive Petitions No petitions were presented. Ted Kloesel Will Appear Ted Kloesel, resident of Baytown and former councilman, appeared to encourage council to investigate policies and procedure being practiced in the City of Baytown Inspection Department that need improvement especially from a public relations standpoint. He also mentioned that he would be appearing before the Electrical Board to encourage a revision of electrical requirements to provide for use of BX versus EMT tubing. He felt this is a good example of an area where the city can relax its requirements to provide good quality 50627 -2 Minutes of the Regular Meeting - June 27, 1985 yet allow the businessman and homeowner some leeway. This is only one area. He felt that there are other areas that need to be studied for modifications, such as plumbing requirements. Mr. Kloesel ended his presentation by asking council to be thinking about his suggestion and adopting the electrical board's recommendation to make the change, or if the board did not elect to make the recommendation, he would hope that council would act to make the change. Arthur Morgan Will Appear Arthur Morgan appeared requesting that council hear certain allegations against city employees, but Mayor Hutto explained that under Charter requirements all allegations of wrong doing by city employees must be referred to the city manager. Mr. Morgan stated that he had gone through the city manager but was not satisfied. The city attorney referred council to the rules adopted by council which specify that any individual who desires to make a complaint concerning a city employee must direct that complaint to the city manager. Since that has been done, if Mr. Morgan is not satisfied with the result, he has the option of appealing to the courts. Also, Mr. Morgan has filed a claim for damages with the city's insurance carrier. The city attorney pointed out that the citation that the officer had written, which was the basis of Mr. Morgan's complaint, was sufficient to obtain a conviction in Municipal Court. Mr. Morgan replied that he was unable to expend more funds to have this matter handled; therefore, the city attorney explained that Mr. Morgan could take his charges to the district attorney's office and if the district attorney felt that there is a case of corruption, then he would file charges without any charge to Mr. Morgan. Mr. Morgan insisted that council look into the matter because already he had expended $2,500 in attorney's fees, and he felt that he was due a public printed apology, along with reimbursement of the $2,500. Therefore, Mayor Hutto asked Mr. Morgan to produce the information which he felt was pertinent and stated that the council would be prepared to respond to him at the next council meeting. Receive Parks and Recreation Advisory Board's Annual Report Wayne Gray, Chairman of the Parks and Recreation Advisory Board, appeared to state that the board is very pleased with the activities of the parks and recreation department for 1984/85 and as one drives around the city, the fruits of the 1981 Bond Program are very visible. Councilman Fuller requested that the board consider looking at developing scenic areas to enhance the appearance of the city and give people more pride in their community. 50627 -3 Minutes of the Regular Meeting - June 27, 1985 Mr. Gray commented that presently the department mows all the rights of way in the city which equal to 56 miles; therefore, those areas are being looked after, but in a different context. Consider Appointment of Architect for Fire Station Mayor Hutto announced for those in attendance who might be interested that council has decided to make a decision on the appointment of an architect after land is acquired for fire station location. Pete Alfaro Recognized by Mayor Hutto Pete Alfaro who served as Vice - Chairman of the Public Building and Communications Committee, a subcommittee of the 1981 Capital Improvements Committee, appeared to explain the intent of that subcommittee in regard to the fire station location because the proposed configuration of the fire station location has come under question and some confusion seems to exist as to the intent of the committee. The capital improvements committee concluded that the present No. 3 Station located on South Main and No. 4 Station, located on Ward Road, should be replaced with a three -story combined central fire station that would also house an apparatus repair facility and administrative offices. The rationale in closing the stations was that Station No. 3 which was constructed in 1928 was beyond repair. The building is in very poor condition, is outdated, overcrowded and is energy inefficient. Station No. 4 was constructed for one person, and now, presently housing four with an engine room that is too small for a modern engine with no room for expansion. Also, Station No. 4 is subject to repeated flooding. The committee also recommended that a station be con- structed in the northern part of the city. This station is important because of the city's growth northward. Presently, certain subdivisions such as Quail Hollow are beyond the present state standard for fire equipment response. The committee also recommended that two new pumper telesquirt units be purchased - -one for the central fire station and one for the new station on Garth Road. Mr. Alfaro ended his presentation by stating that he hoped that this brief statement had helped to clarify some of the debate on this subject. He emphasized that it had always been the intent of the committee that the two stations would be closed and combined with a central station. There were various representatives-,present as the committee met to discuss these issues from the fire department and the community. There was no opposition. Councilman Philips stated that that is what the present committee meetings have been about, and the present committee is trying to be consistent with what was intended in the bond program. 50627 -4 Minutes of the Regular Meeting - June 27, 1985 Consider Proposed Resolution No. 917, Approving the Baytown Park and Ride Concept Proposal As Submitted by Houston - Galveston Area Council Prior to the last council meeting, council met with representatives of the Baytown Transit Committee, Houston - Galveston Area Council and METRO to discuss the need for this service, the various possibilities for the service and the options available. At that time, council instructed the administration to prepare a resolution which would indicate that the council supports the park and ride concept proposal, authorize the Director of Planning and Traffic to pursue funding grants from state and federal agencies, and to negotiate the terms of a contract to implement such proposals. As indicated at that meeting, any contracts would have to be brought to council for approval; therefore, by adopting the proposed resolution, council would not be approving any agreements. Council would only be indicating its approval of the city continuing to pursue this and begin to put some of it on paper in the form of contracts. The administration recommended approval of the resolution. Councilman Fuller moved to adopt the resolution because he felt this would provide for the continuation of investi- gation of an area that has a lot of broad possibilities, and yet, the city is not committing itself to any outlay of any kind at this time. Ultimately, the city will have the opportunity to accept or reject any proposal if the proposal does not meet the city's needs. Councilman Embry seconded the motion. Councilman Johnson stated that he is very strongly opposed to this concept with an estimated cost of $500,000. Even though at present there is supposedly no cost to the City of Baytown, he has seen other programs that started in this fashion but ultimately ended with the expenditure of funds. Also, he felt that the citizens of Baytown had expressed themselves in 1978 when they had soundly defeated a proposition for mass transit. Councilman Dickens expressed his concerns with the proposal due to the fact that the dependence of the program is on state funding which he doubted seriously would be forthcoming. If those monies are not forthcoming, then Baytown would be responsible. Councilman Fuller said that there are potential possi- bilities here that could mean a great deal to the people of this community, to the development of this community, and to the growth of this community. He could see no reason not to investigate the matter further because there would be absolutely no cost to the City of Baytown. The committee came up with a very detailed report and presented a beau- tiful picture that can have some real possibilities. He felt that Baytown should not overlook the possibilities of future growth if there is a way to do it. At this point, there is no commitment. The only thing that is being considered is the concept. 50627 -5 Minutes of the Regular Meeting - June 27, 1985 Councilman Johnson emphasized that the people that he had conversed with felt that they could get out to the park and ride lot and catch a bus to Houston at any time, but this just is not the case. This is a misconception that many people have. There will only be three buses running, leaving at 7:00 a.m. 7:30 a.m. and 8:00 a.m. and then at 4:00 a.m., 4:30 p.m. and 5:00 p.m. The most that can be carried is 200 people, and $500,000 for 200 people is not feasible. The city may not have to pay the whole amount, but there is the possibility that the city will. Mayor Hutto stated that he too had received several comments from people who are interested in a park and ride service, but many would like to have the service available throughout the day. However, if council votes this reso- lution down providing for this concept, then council will not have the opportunity to work for that type service. If later on there is a cost to the city, then at that time council can vote to disapprove the agreement. There are people in Baytown who have no way to get to Houston, and the Mayor would like for the city to ultimately be in a position to offer transportation to Houston without being tied to a schedule. Councilman Embry pointed out that in 1978, the people did vote against a $ .01 sales tax that would have resulted in Baytown being part of the METRO service area. The proposal before council now is less than 1 /10th of the cost that the citizens voted against. When all the proposals are developed, this could result in a service at substantial lower costs than $ .01 which would be very economical, and could, if the program is successful, result in a good trans- portation service between Baytown and the whole Houston area. Councilman Embry said that he may not vote for the final proposal, but he would like to see the proposal developed. This proposal is significantly lower in cost, significantly different and significantly better than the proposal that the voters voted against. Councilman Dickens emphasized that the proposal is predicated on ridership of 120 people per day which is sub- stantially higher than the initial figures the transit committee first reported. At the time that the committee initially reported, there was a lack of enthusiasm. Mayor Hutto asked the city manager to speak to the $500,000 figure that had been mentioned. Mr. Lanham stated that that amount would probably be the first item on the list of items to be pursued, and if the amount is not forth- coming, then council can make a decision on whether to continue. It is fundamental that the funds be assured before council moves ahead. Mayor Hutto called,,on Ms. Alice Fritch to state her views since she provides transportation to people in the community who are ill and need transportation to Houston. Ms. Fritch stated that the people that she is involved with would like to see an operation like the one in Northshore, but these people would not like for the city to have to expend any funds for the:service. 50627 -6 Minutes of the Regular Meeting - June 27, 1985 Mr. Lanham explained further that if there is a demand for the kind of service that Ms. Fritch and others have mentioned, than whatever company has contracted to provide the service, probably would be willing to put additional service into operation. The idea is to start with three to find out if the demand is here. Councilman Dickens pointed out that this is a private company contracted for Baytown by MTA. If this is a viable economic proposition, that private company should perform the service without compensation from the city. If the venture is a break even proposition, why wouldn't the company do it anyway? A citizen stated that when one considers that there are between 1,000 to 2,000 people who work in the Houston area that live in Baytown in comparison to the working people in Baytown, that percentage is not very low. There are a lot of people who would like to have the park and ride service. This service will make Baytown more attractive to people considering places to live. Councilman Simmons said that he would have no problem with the concept if the city had no liability. He could see nothing wrong with the state highway department, UMTA and Houston- Galveston Area Council testing the feasibility of a park and ride service for Baytown. Baytown might even help to sponsor such a program in name and lend the services of Baytown's traffic consultant, but as an elected councilman, one of his duties and responsibil- ities is to look over the wise dispensation of taxpayers' dollars. He also wondered about the cost effectiveness of the proposal. Baytown is a city of 60,000 population, but the proposal is speaking about 120 to 200 riders. That is a very small percentage that will be benefited: If looking..at the percentage of taxpayers that would be.affected, it would be somewhat higher and if looking at percentage of work force, it would be somewhat higher. Therefore, he would endorse the concept if the City of Baytown had no subsidy agreement because the history of the MTA is that their fare box return is about thirty (30 %) percent of their operating costs. Their goal is to get it up to about fifty (50 %) percent. In its infancy, the city would be looking at a considerable subsidy which in turn would produce an increased tax rate; therefore, Councilman Simmons said that he would have to vote against the proposal. Keith Opryshek, a member of the transit committee, pointed out that METRO and H -GAC would do no further research into this matter is this proposed resolution is defeated. No further research means no possible park and ride, no possible parking lot and no possible transportation into Houston. Whereas, if council would give them the opportunity to do more research, it is conceivable, because when the committee first began its work, H -GAC indicated that perhaps eighty (80 %) percent of the money for the capital improvements was all that would be furnished. Now, the project can be funded one - hundred (100 %) percent. It is possible that one - hundred (100 %) percent of the operating costs can be deferred from the city to other sources. If council defeats the motion, then there will be no further work in this area. 50627 -7 Minutes of the Regular Meeting - June 27, 1985 Councilman Philips stated that he favors the proposal because there is some obligation on the part of council. The bottom line on all economics is that there is no such thing as a free lunch. The thing that he felt council ought to look at is that when people voted no to a sales tax to finance MTA, there were 20,000 people not living in Baytown that are here today; therefore, there are 20,000 people who never had a chance to look at that. The other thing is that no one will know how many thousands of people may desire to live elsewhere because of lack of public transportation into Houston. One of the things that council ought to be thinking about is that Baytown needs to move forward. This city needs to be positioned so that it can become a part of Houston and people will want to live here. Baytown has to move forward into the 1980's and 1990's. If there is no public transportation, this is a strike against Baytown. The vote follows: Ayes: Council members Philips, Embry and Fuller Mayor Hutto Nays: Council members Johnson, Simmons and Dickens RESOLUTION NO. 917 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BAYTOWN SUPPORTING THE BAYTOWN PARK AND RIDE CONCEPT PROPOSAL SUBMITTED BY THE HOUSTON - GALVESTON AREA COUNCIL; AUTHORIZING THE DIRECTOR OF PLANNING AND TRAFFIC TO PURSUE FUNDING GRANTS FROM STATE AND FEDERAL AGENCIES AND TO NEGOTIATE THE TERMS OF CONTRACTS TO IMPLEMENT SUCH PROPOSAL. Consider Plans and Specifications for Republic of Texas Plaza and Authorize Busch and Hutchison to Advertise for Bids Council appointed a Sesquicentennial Commission two or three years ago to begin making plans for celebrating the 150th birthday of the State of Texas. The chairman of that overall committee Mr. Sam Bramlett was present, along with Mrs. Bennie Kadjar one of the chairpersons of the Finance Committee. The Finance Committee set a goal of $60,000 which goal has been exceeded. Busch and Hutchison has donated their time in the pre- paration of the plans and specifications for the Republic of Texas Plaza. Jim Hutchison was on hand to review those plans with council. The future park that is to contain the Republic of Texas Plaza adjoins Wayne Gray Sports Complex. Just off of North Main Street is a drive into the area, with a small parking lot and sidewalks. The main attraction in the plaza is the concrete pad that will have the State of Texas on it. Outside the state form is ordinary concrete, but the state form is to be of pebble finish, much like the sidewalk in front of the civic center. In the center of the State of Texas is a structure that will house the statute of Ashbel Smith that was donated by the women's medical auxiliary. 50627 -8 Minutes of the Regular Meeting - June 27, 1985 In the upper left hand corner is a donor plaque that will contain the names of those persons, groups, clubs, etc. that have donated toward the plaza. In the lower right hand corner there is a small plaque that carries the logo that was designed for this occasion. The circular area is all concrete which will be raised a little in the rear so that it can be viewed from the street. The engineer's estimate of the costs for the project is $60,000. Sam Bramlett and Bennie Kadjar were recognized by Mayor Hutto. Mr. Bramlett and Ms. Kadjar thanked the citizens of Baytown, the committee members and the parks and recreation staff for their support in this endeavor. This will be an area that everyone will be able to enjoy for years to come. The administration recommended approval of the plans and specifications. Councilman Philips moved to approve the plans and specifications; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Consider Request for Variance to Buffer Fencing Requirements at 617h Cedar Bayou Council was furnished with a letter from Jeff and Diane Roby of 617 Cedar Bayou, which asks that a variance be granted to the construction of a fence between them and a small bar -be -cue business at 617h Cedar Bayou. They feel that it will restrict the entering and leaving of the premises and make it difficult to turn their car around and exit from their driveway frontwards. Mr. Rowe has agreed to erect the fence if the owners require it in the future. The administration recommended that the request be approved. Councilman Dickens moved to approve the request for variance to buffer fencing requirements at 617h Cedar Bayou; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None id 50627 -9 Minutes of the Regular Meeting - June 27, 1985 Consider Request for Variance to Buffer Fencing Requirements at 3306 McKinney Road Mrs. Diann Verret has requested that the buffer fencing requirement be waived for 3306 McKinney Road. Mrs. Verrett operates a beauty shop in her home, and her neighbors at 3310 and 3302 McKinney Road have signed a letter stating that they do not require that a wood fence be placed between their property and that of the Verret's. The administration recommended approval based on the standard condition that if any of the property changes hands and a request is made from any party for a buffer fence that one will be erected. Councilman Johnson moved to approve the request for variance to the buffer fencing requirements at 3306 McKinney Road; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Discuss Enforcement of Deed Restriction Policy Council asked Councilman Embry to work with the city attorney and the city manager to develop a policy for council consideration on the enforcement of deed restrictions. Councilman Embry stated that he had met with several civic association groups and had also discussed the - .matter with the city administration. He stated that while he realized there are limitations on what the city can and should do in this area, many homeowners have raised concerns based upon the desire to maintain the integrity, value, living standards and the neighborhood in which they live. The policy as written is a step in the right direction and for the consideration of council, Councilman Embry proposed that the city agressively consider additional steps over and above the proposed policy. He felt that the policy can be made stronger without sacrificing some of the legal concerns. However, the policy, as written, is a step in the right direction. It basically establishes a notifications procedure, hereby, if the civic association in a particular subdivision will provide the city the name and address of a responsible person that would be knowledgeable on deed restrictions, the city will, upon receiving an application for building permit in that area, notify that individual that such an application has been made. This will allow the civic association time to follow up to insure deed restrictions compliance. In addition to that, in the base case at the present time, the city requires that the applicant testify that what is being proposed does meet deed restrictions. 50627 -10 Minutes of the Regular Meeting - June 27, 1985 Councilman Embry stated that he would like to see the policy statement improved by having the applicant secure and present a copy of the deed restrictions for stamping by the city. This would insure the avoidance of a misunder- standing. Another possibility would be to institute a fine of some size for incorrectly certifying that plans are in compliance with deed restrictions. It is easy not to make the certification with no consequence. The third thing that he would like to add to the policy to enable the civic association to really be in contact with an applicant, is that two names and addresses be listed of contact persons in the unlikely event that one member of the civic association is out of town. This would allow the civic association to follow up and give two opportunities to do that. In response to an inquiry from council, the city attorney stated that if a violation of deed restrictions that the city is allowed to enforce occurs, the legal department will attempt to resolve the matter. However, the problem there is that there are many types of deed restrictions the city has no authority to enforce. It is up to the property owners within the subdivision to enforce those. Councilman Embry proposed that the administration in- corporate the revisions that he suggested in a policy state- ment that could be ratified or approved by council at a subsequent meeting. Tommy Cook, President of Country Club Oaks Civic Association, stated that the residents of the area are very interested in maintaining the prime values of their property, as well as continuing to have a highly desirable residential area for people to live in. The residents too want to enforce the restrictions and have had some problems doing that in the past. There have been occasions of construction beginning without the architectural control committee ever having been contacted and without them even knowing that there was something to be built. In other instances, people did not know what the restrictions were nor who to contact to get a copy. Mr. Cook felt that it may be morally, if not legally wrong for the inspection department to issue building permits which do not comply with deed restrictions. Mr. Cook suggested that the city issue a copy of deed restrictions to anyone applying for a building permit. If people were given a copy of the deed restrictions to begin with, then they would have no excuse for non - compliance. Another thing that could be done is to have a sign off spot for the architectual control committee for that particular subdivision. The last proposal is that there could be a two to four week delay in issuing a building permit in order to allow time for people in the subdivisions to be certain that the deed restrictions are being complied with. David Slaughter, President of the Glen Arbor Civic Association, stated that the main concern of this group is the encroachment of businesses in the area. The group has been in contact with the legal department, and at present, the legal department is in the process of working to eliminate existing businesses. 50627 -11 Minutes of the Regular Meeting - June 27, 1985 Councilman Embry stated that in the absence of zoning is the commitment by the city to help residential areas retain residential characteristics. Homeowners of the city are demanding that the city be more active in preventing business operations in residential areas. The city clearly has the authority to work on that. The city also needs to strengthen the policies around building permits and approval thereof, that would allow civic associations to insure that quality building, meeting the deed restrictions is in pro- gress. Councilman Fuller noted that the city needs help from the civic associations concerning these small businessess that start very unobtrusively and then become a nuisance. Frank Whalen, President of Lakewood Association, echoed the concerns of others. He stated that the policy statement is a good start toward controlling enforcement of deed re- strictions. One of the matters that those residing in Lake- wood are particularly concerned with is the restriction that specifies front setback line or side line. The city should not issue a permit that is in conflict with that restriction. He felt that a meeting should be scheduled to hear the concerns of the subdivisions. Consider Proposed Ordinance, Amending Auto Wrecker Ordinance to Provide Citizens the Option of Designating Wrecker on Police Originated Tows Presently, the ordinance allows an individual who needs to have his vehicle towed from the scene of an accident to choose a wrecker service from the rotation list. The proposed ordinance would provide the same flexibility for other police originated tows. The only wreckers that would be allowed to participate are those which are permitted and on the rotation list. Councilman Dickens moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnsn, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4180 AN ORDINANCE AMENDING CHAPTER 6, "AUTO WRECKERS," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY AMENDING ARTICLE II, "POLICE- INITIATED TOWING SERVICE;" REPEALING INCONSISTENT PROVISIONS; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF $200.00: AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 50627 -12 Minutes of the Regular Meeting - June 27, 1985 Recess Mayor Hutto called for a short recess. When the open meeting reconvened the following business was conducted: Consider Proposed Ordinance, Amending the Building Code to Provide for Conservation Districts This ordinance will provide for amendments to the building code that will allow certain flexibility in the construction requirements for older buildings. This flexi- bility as to building requirements will be up to the discretion of the chief building inspector, but these buildings will be required to meet the standards necessary to ensure the health, safety and welfare of the general public. The administration recommended approval of the ordinance. Councilman Dickens moved for the adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 7, "BUILDINGS," SECTION 7 -4.1, BUILDING CODE -- AMENDMENTS, BY ESTABLISHING BUILDING CON- SERVATION DISTRICTS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Designating the Texas Avenue Area as a Conservation District The proposed ordinance will designate the Texas Avenue area as a building conservation district. This ordinance will assure that flexibility is given to the Texas Avenue area with regard to building requirements. The adminis- tration recommended approval of the ordinance. Councilman Philips moved for adoption of the ordinance; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, and Dickens Mayor Hutto Nays: None Abstained: Councilman Fuller 50627 -13 Minutes of the Regular Meeting - June 27, 1985 ORDINANCE NO. 4182 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN DESIGNATING THE BLOCKS ON TEXAS AVENUE BETWEEN NORTH MAIN AND WHITING STREET AS A BUILDING CONSERVATION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Amending Subdivision Regulations by Addition of Lot Sizes for Exclusive Mobile Home Subdivisions The proposed ordinance will add an amendment to the subdivision ordinance to reduce the required lot size for subdivisions that are exclusive for mobile homes to 4,000 square feet for single wide mobile homes and 5,400 square feet for double wide mobile homes. This is the trend throughout the mobile home industry and is consistent with what has been done in other cities. In the case of those developments outside the city, the county standards will apply, and if there is a development of a subdivision that is not exclusively for mobile homes, then the present requirements which is a minimum of 5,400 square feet will apply. The administration recommended approval of the ordinance. Councilman Simmons moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4183 AN ORDINANCE AMENDING CHAPTER 27, "SUBDIVISIONS," TO PROVIDE FOR THE REGULATION OF LOT SIZES FOR EXCLUSIVE MOBILE HOME SUBDIVISIONS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Awarding Bid for Fitness Screening, Exercise Proqramminq and Facilitv Use The purpose of seeking bids was to provide fitness screening for members of the Police and Fire Departments and other high risk personnel and to provide programming and facility use for all city employees. Six bids were received, and the Baytown YMCA submitted the low bid of $12,610. Since receiving approval from council to advertise for bids, the city has incurred litigation involving employment standards for police officers. Due to that litigation, the administration recommended no action be taken on the program at this time. Council took no action. 50627 -14 Minutes of the Regular Meeting - June 27, 1985 Consider Proposed Ordinance, Approving Contract Between Baytown Area Water Authority and Harris County Fresh Water Supply District 1 -A (McNair) This is a standard contract that BAWA executes between all entities and will enable McNair to comply with require- ments imposed by the subsidence district. The minimum take or pay .1625 million gallons per day is fifty (50 %) percent of their requirements. The administration recommended approval. Councilman Dickens moved for adoption of the ordinance; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips; Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4184 AN ORDINANCE APPROVING THE BAYTOWN AREA WATER AUTHORITY'S CONTRACT WITH HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 1A, FOR THE SALE OF TREATED WATER. Consider Approval of Plans and Specifications for Massey - Tompkins Road at North Main Paving Project and Authorize Advertisement for Bids Council authorized Busch and Hutchison to proceed with plans at the last-council meeting. The purpose of this project is to enhance the intersection of North Main Street with Massey Tompkins Road. From Main Street easterly on Massey Tompkins Road, there will be constructed approximately 630 feet of new concrete pavement. Channelization devices or median strips will be constructed to channel the turning lanes.,into.a proper refuge area so left turns can be executed to the south. Also, approximately 40 feet of concrete on the west side of Main Street will be repaved in order to install some storm sewer and eliminate that hazardous valley gutter. This project will conform to the overall future construction plans that have been adopted for Massey Tompkins Road. The estimated cost of this project is $175,000. The administration recommended approval of the plans and specifications and requested permission to advertise for bids. Councilman Dickens moved to approve the plans and specifications and authorize advertisement for bids; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None 50627 -15 Minutes of the Regular Meeting - June 27, 1985 Consider Plans and Specifications for Construction of Outfall Drainage System for the Tenth Street Park and Detention Pond The contractor is making good progress on the Tenth Street Detention Pond and Park, and now it is necessary to get the pipe to drain the park. No easements are necessary to get the pipe from the park /detention pond over to Adams Street. The pipe will be running down Adams Street off the pavement. Several yards of driveways will be crossed in that area. Then the pipe will run the rest of the way down Adams to Danubina. The pipe will be off the street and pavement until it reaches Strickland and at that point, the pipe will be placed in the street because of lack of right of way in that area. The culvert will be 48 inches in diameter and will have a rubber gasket at joints because this line will be under pressure when the detention pond fills. The manholes will be sealed type manholes. This project will not be tied to any other storm sewer system. This system is solely for the purpose of draining the detention pond. Where the pipe exits the detention pond, hay bales will be placed as a temporary measure to keep the loose soil from getting into the sewer system. A proper structure will be built in the next contract which will be the fine grading and finishing of the detention pond. According to a computer program developed by the engin- eers, there is an inflow from the main drainage of 474 cubic feet per second at the high peak and that occurs about 12 3/4 hours after a 100 year, 24 -hour storm. The detention pond will release water at the peak of 122 cubic feet per second so it cuts that peak down and spreads it out to about 3 3/4 hours. The estimated cost of the project is $150,000. The administration recommended approval of plans and specifications and authorization to advertise for bids. Councilman Fuller moved to approve the plans and specifications and to authorize advertisement for bids; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Consent Agenda Councilman Embry requested that Item a be removed to be considered separately. Controllers for the signal at Baker and Goose Creek Drive have been bid and that item will be on the next agenda for consideration. In response to inquiry from Council, Mr. Lanham ex- plained that the reason for the change order to the 1985 Street Improvement Program is that when the contract was let, the right of way necessary for the straightening of Defee Street at Sterling had not been acquired. 50627 -16 Minutes of the Regular Meeting - June 27, 1985 Council considered the Consent Agenda, Items b through f as follows: b. Proposed Ordinance No. 50627 -8, will award the bid for the annual meter box contract. Bids were mailed to seven vendors and five proposals were received. Aqua Utility submitted the low bid on item #1, Rohan Company submitted the low bid on item #2, and Utility Supply submitted the low bid on item #3. The total amount of the low bids is $11,197.45. We recommend the low bidders, Aqua Utility, Rohan Company, and Utility Supply, be awarded this contract. C. Proposed Ordinance No. 50627 -9, will award the bid for the annual fire hydrant and fittings contract. Bids were mailed to five vendors and four proposals were received. Golden Triangle Pipe submitted the low bid of $25,871.78. We recommend the low bidder, Golden Triangle Pipe, be awarded this contract. d. Proposed Ordinance No. 50627 -10, will authorize renewal of lease agreement with Rooster's Inc. The present lease agreement with Rooster's Inc. will expire on June 30, 1985. Presently, Rooster's pays $100 monthly to lease the parking area behind the restaurant. The terms of the agreement also provide three permanent parking spaces for use by the Chamber of Commerce. We recommend approval of Proposed Ordinance No. 50627 -10, with the same provisions intact. e. Proposed Ordinance No. 50627 -10, will approve the Change Order to contract for 1985 Street Improvement Program. This is Change Order No. 2. Angel Brothers Construction is-the contractor. This change order is for various items necessary for the straightening of E. Defee. The amount of this change order is $29,939.55. We recommend approval of Proposed Ordinance No. 50627 -10. 50627 -17 Minutes of the Regular Meeting - June 27, 1985 f. Council is asked to consider approval of the request of John Baptiste to extend water service to 6816 Frank Road. Frank Road is located just east of the catfish pond on IH -10. We can service him by laying a four inch line down Frank Road. This line would eventually serve several other homes near Mr. Baptiste. Each customer may have service by paying $500 ($250 tap fee and $250 connection fee) plus a $35 deposit. We should recover our construction costs when these connection fees are paid. We recommend that we provide Mr. Baptiste with water service. Councilman Johnson moved to approve the Consent Agenda, Items b through f; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4185 AN ORDINANCE ACCEPTING THE BID OF AQUA UTILITY SUPPLY, THE ROHAN COMPANY AND UTILITY SUPPLY COMPANY FOR THE ANNUAL METER BOX CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ELEVEN THOUSAND ONE HUNDRED NINETY -SEVEN AND 45/100 ($11,197.45) DOLLARS. (Proposed Ordinance No. 50627 -8) ORDINANCE NO. 4186 AN ORDINANCE ACCEPTING THE BID OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL FIRE HYDRANT AND FITTINGS CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY -FIVE THOUSAND EIGHT HUNDRED SEVENTY -ONE AND 78/100 ($25,871.78) DOLLARS. (Proposed Ordinance No. 50627 -9) ORDINANCE NO. 4187 AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A TWO YEAR LEASE AGREEMENT FOR CERTAIN PROPERTY AT NORTH MAIN AND DEFEE STREETS ON A MONTH - TO -MONTH BASIS FOR A MONTHLY RENTAL OF ONE HUNDRED AND N01100 ($100.00) DOLARS. (Proposed Ordinance No. 50627 -10) 50627 -18 i Minutes of the Regular Meeting - June 27, 1985 ORDINANCE NO. 4188 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT WITH ANGEL BROTHERS CONSTRUCTION FOR THE 1985 STREET IMPROVEMENT PROGRAM. (Proposed Ordinance No. 50627 -11) For bid tabulations, see Attachments "A" and "B." Consider Proposed Ordinance, Establishing a Signal Light for Baker Road at Goose Creek Drive Councilman Philips moved for adoption of the ordinance; Councilman Dickens seconded the motion. Councilman Embry stated that he would vote against installation of the signal since he was against the increase in speed limit and the two were linked conceptually. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Fuller and Dickens Mayor Hutto Nays: Councilman Embry ORDINANCE NO. 4189 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE INSTALLATION OF A TRAFFIC- CONTROL SIGNAL AT THE INTERSECTION OF BAKER ROAD AND GOOSE CREEK DRIVE; REPEALING ORDINANCES INCONSISTENT HEREWITH;..CONTAtINING A SAVINGS CLAUSE; PRESCRIBING A!MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. City Manager's Report Downtown Action Committee - Mr. Lanham reminded Council of the invitation from Dr. Mahan to attend a meeting on Tuesday, July 2 at 6:00 p.m. at the Chamber of Commerce Building. There will be a presentation on the main street projects concept. Texas Department of Water Resources - The administration has received a letter from the Texas Department of Water Resources approving the plans and specifications for the work that is planned in the central sewer district. Plans are to enlarge the plant, make some alterations in the plant to meet EPA standards, make lift station improvements, and construct diversion facilities, etc. It is very clear that the approval of the plans in no way means that the grant funds are forthcoming. Wk 50625 -19 Minutes of the Regular Meeting - June 25, 1985 Sliplining - The work has been completed on the ease- ment in the Lloyd /Grantham area. The contractor has begun work in the Utah /Maryland area. Tenth Street Park /Detention Pond - The contractor on this project is about forty (40 %) percent complete. Drainage Projects - The project on Savell is seventy - five (75 %) percent complete; Tanglewood has been completed; work will begin next week on the Mockingbird /Clayton Street Outfall. 1985 Street Improvement Program - East Texas Avenue has ' been asphalted. Reconstruction of West Homan has been completed; asphalting needs to be done. Patsy and Terrace have been leveled. Asphalting has been completed on Cedar Bayou and on Sunset. Sidewalk Contract - This contractor has begun work on Baker Road between Coachman and Quail Hollow. Brownwood Cleanup - Olshan has begun work on the project. Baker Road from Decker Drive to Bayway Drive - The county has taken bids on this project, and Angel Brothers appeared to be low bidder for a bid of $133,693. City Manager /Assistant City Manager - Both the city manager and assistant city manager will be out of town Saturday through Tuesday attending the Texas Cities City Managers Conference in Austin. Bay Area Women's Center - On July 27, the council members from La Porte will challenge the council members from Baytown in a softball game to benefit the Bay Area Women's Center. Update on bond program - Mayor Hutto asked that the city manager provide council with an update on the bond program next council meeting. Recess into Executive Session to Discuss Pending Litigation Mayor Hutto recessed the open meeting into executive session to discuss pending litigation. When the open meeting was reconvened, Mayor Hutto announced that no action was necessary. Adjourn There being no further business to be transacted, the meeting was adjourned. J 4-1ala- Eileen P. Hall, City Clerk CITY OF BAYTOWN BID TABULATION '1TLO ANNUAL METER BOX CONTRACT ID NUMBER: #8505 -82 ATE: 6 -11 -85 2:00 P.M. Attachment "A" UTILITY SUPPLY CO. ; ROHAN COMPANY ; ITEM 1 QTY 1 UNIT DESCRIPTION ;UNIT PRICE;EXT. PRICE;UNIT PRICE;EXT. PRICE, ANNUAL METER BOX CONTRACT, per specifications. ; CONCRETE - COMPLETE 8 COVERS; 1$ 2,330.001 ;$ 2,720.00; 1 1 1 8 LIDS 1 1 1 1 1 2 1 1 ; PLASTIC - COMPLETE 8 COVERS 1 1$ 4,190.751 1$ 3,721.001 1 1 1 8 LIDS 1 1 1 1 1 It It It 3 1 1 1 SECTIONAL METER VAULTS 1 1$ 5,235.001 1$ 6,460.001 1 1 1 TOTAL: 1 1$11,755.751 1$12,921.001 1 1 1 DELIVERY: 1 STOCK TO 14 DAYS 1 14 DAYS 1 1 i i i i i i i i i i i i •• i i i i i i i i i i i i CITY OF BAYTOWN BID TABULATION TITLE: ANNUAL METER BOX CONTRACT BID NUMBER: #8505 -82 DATE: 6 -11 -85 2:00 P.M. PAGE 2 1 AQUA UTILITY SUPPLY 1 GOLDEN TRIANGLE DESCRIPTION ;UNIT PRICEIEXT. PRICEIUNIT PRICE;EXT. PRICE; ANNUAL METER BOX CONTRACT, 1 1 1 1 per specifications. CONCRETE - COMPLETE & COVERS; 1$ 2,241.451 1$ 2,279.701 s LIDS 1 1 1 PLASTIC - COMPLETE & COVERS 1 1$ 3,743.801 1$ 3,882.251 1 & LIDS 1 SECTIONAL METER VAULTS 1 1$ NO BID 1 1$ 5,368.001 1 TOTAL: 1 1$ 5,985.25; 1$11.529.95; DELIVERY: 1 ONE -TWO WEEKS 1 10 DAYS 1 1 1• i i i i i ITEM 1 QTY 1 UNIT 1 1 1 1 1 1 1 1 2 1 1 1 3 1 1 1 1 1 1 1 i i i• 2:00 P.M. PAGE 2 1 AQUA UTILITY SUPPLY 1 GOLDEN TRIANGLE DESCRIPTION ;UNIT PRICEIEXT. PRICEIUNIT PRICE;EXT. PRICE; ANNUAL METER BOX CONTRACT, 1 1 1 1 per specifications. CONCRETE - COMPLETE & COVERS; 1$ 2,241.451 1$ 2,279.701 s LIDS 1 1 1 PLASTIC - COMPLETE & COVERS 1 1$ 3,743.801 1$ 3,882.251 1 & LIDS 1 SECTIONAL METER VAULTS 1 1$ NO BID 1 1$ 5,368.001 1 TOTAL: 1 1$ 5,985.25; 1$11.529.95; DELIVERY: 1 ONE -TWO WEEKS 1 10 DAYS 1 1 1• i i i i i CITY OF BAYTOWN PAGE 3 BID TABULATION Tll'L,: ANNUAL METER BOX CONTRACT BID NUMBER: 748505 -82 DATE: 6 -11 -85 2:00 P.M. PARK EQUIPMENT COMP ; ITEM ; QTY ; UNIT ; DESCRIPTION ; ;UNIT PRICE;EXT. PRICE;UNIT PRICElEXT. PRICE; AN14UAL METER BOX CONTRACT, ; per specifications. ; CONCRETE - COMPLETE 8 COVERS; ;$ NO BIO 8 LIDS ; 2 ; ; ; PLASTIC - COMPLETE & COVERS ; ;$ NO BID ; ; 8 LIDS ; 3 ; ; SECTIONAL METER VAULTS ; ;$ 990.00; ; TOTAL: ; ;$ 990.00; DELIVERY: 14 DAYS; -ONLY BID ONE SECTION ; OF ITEM ##3 i i i i i i i i CITY OF BAYTOWN BID TABULATION TITLE: ANNUAL FIRE HYDRANT & FITTINGS CONTRACT BID NUMBER: #,8505 -83 DATE: 6 -11 -85 2:00 P.M. QTY LOT 1 1 1 1 1 I 1 I 1 1 1• 1 UNIT Attachment "B" 1 1 � I 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 I I 1 I 1 1 1 1 1 1 1 I 1 1 I I I 1 1 1 1 1 1 1 I 1 1 1 1 I I 1 I 1 I t 1 1 1 1 1 1 1 I 1 1 I 1 I 1 I 1 I 1 I I 1 I 1 I 1 I I I I 1 1 1 1 I I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 , 1 1 1 1 , 1 I 1 I I I 1 I 1 I 1 I 1 I 1 I 1 I 1 I I I I 1 I 1 1 1 1 , I I 1 1 I I I 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 UTILITY SUPPLY CO. IROHAN COMPANY ; DESCRIPTION !UNIT PRICQ EXT. PRICE;UNIT PRICEIEXT. PRICE; i i i i i ANNUAL FIRE HYDRANT AND ; 1$27,120.251 1$28,193.251 ! FITTINGS CONTRACT, ! per specifications. ! 1 ! 1 1 ! 1 1 1 I 1 1 1 1 1 1 ! DELIVERY: ;STOCK TO 14 DAYS ! AS NEEDED! ! 1 1 1 1 1 t 1 1 1 1 1 t I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 t 1 1 1 ! 1 1 1 1 1 1 1 1 1 1 1 � I 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 I I 1 I 1 1 1 1 1 1 1 I 1 1 I I I 1 1 1 1 1 1 1 I 1 1 1 1 I I 1 I 1 I t 1 1 1 1 1 1 1 I 1 1 I 1 I 1 I 1 I 1 I I 1 I 1 I 1 I I I I 1 1 1 1 I I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 , 1 1 1 1 , 1 I 1 I I I 1 I 1 I 1 I 1 I 1 I 1 I 1 I I I I 1 I 1 1 1 1 , I I 1 1 I I I 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF BAYTOWN PAGE 2 BID TABULATION TITLc: ANNUAL FIRE HYDRANT & FITTINGS CONTRACT BID NUMBER: T8505 -83 DATE: 6 -11 -85 QTY LOT 2:00 P.M. AQUA UTILITY SUPPLY ; GOLDEN TRIANGLE ; UNIT ; DESCRIPTION ; ;UNIT PRICEIEXT. PRICEIUNIT PRICE;EXT. PRICE$ ANNUAL FIRE HYDRANT AND ; ;$26,263.56; 1$25,871.78; FITTINGS CONTRACT, per specifications. DELIVERY: 6 -8 WEEKS; 5 DAYS. ; DELIVERY DOES NOT ; PRICES FIRM UNTIL• MEET SPECS. JANUARY 1, 1986. ; 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