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1985 08 13 CC Minutes50813 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 13, 1985 The City Council of the City of Baytown, Texas, met in regular session on Tuesday, August 13, 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 O. Hutto Mayor Fritz Lanham Larry Patterson Randy Strong Eileen P. Hall The meeting was caller The invocation was offered the following business was City Manager Assistant City Manager City Attorney City Clerk 3 to order with a quorum present. by Councilman Philips, afterwhich conducted: Consider Minutes for the regular meeting held July 25, 1985 Councilman Philips moved for approval of the minutes for the regular meeting held July 25, 1985; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Consider Minutes for the special meeting held July 311 1985 and Minutes for August 8, 1985 Councilman Philips moved to approve the minutes for the * ** special meeting held July 31, 1985 with the correction that it was Perry Simmons who attended the seminar in Boston and to approve the minutes for the meeting held August 8, 1985; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None * ** Correction to Page 50731 -6 50813 -2 Minutes of the Regular Meeting - August 13, 1985 Receive Petitions No petitions were presented. Consider Adoption of McClelland Engineers Minimum Standard Foundation Criteria The city manager reviewed for council how the present requirements for minimum standard foundation criteria were developed. The present regulations were adopted either in the late 1960's or the first part of 1970 in response to a need that had developed in the community in terms of founda- tion problems. There is no record of how many problems Baytown homeowners have experienced through the years except for the past two years because in January of 1983, the city began to issue permits to those in the business of performing slab work. Since that time, 127 house leveling permits have been issued which is an indication that the problem is continuing. Since the original map and regula- tions were adopted, the criteria was never updated to in- clude areas that had been brought into the city since that time. A year or two ago, council approved revenue sharing money to get a firm to make soil studies throughout the city to develop recommendations for proper foundation criteria in various parts of the city. The standards that were developed in 1970 were developed in house, but the staff felt the need to have a firm with expertise in this area perform the study and develop proper criteria. Norman Dykes, Director of Public Works /City Engineer, explained that under the present system, the city is divided into four zones, beginning at Cedar Bayou as Zone No. 1 and moving across the city to the west with Zone Nos. 2, 3 and 4. These zones went north to approximately Baker Road and Massey Tompkins, but there has been a great amount of develop- ment north of Baker Road and Massey Tompkins Road. The inspection department did not have criteria for conventional slabs north of these two areas which is the main reason for this study. The north limit is now up to Wallisville Road. It was necessary to make additional soil tests and to study data accumulated from various buildings that had been constructed. Also, the administration had requested that the consultants check the existing four zones because all engineering back- ground or soil data was not available for those areas. After the soil tests were made and data studied, an engineer- ing firm took that information and recommended slab design for conventional residential slabs. This firm determined that the soil conditions in Zone Nos. 3 and 5 are of such a close mix that those two zones have the same requirements; therefore, there are four sets of conditions with those for 3 and 5 being the same. The study does recommend and the consultants have developed a set of plates and copies of these that can be reproduced for the inspection department to hand out to perspective home builders and contractors. There are some differences in several areas of all the zones. There is new data for Zone No. 5. Principal differences are larger steel in some cases, depth of beams, but no great 50813 -3 Minutes of the Regular Meeting - August 13, 1985 differences anywhere. Ninety percent (90 %) of the slabs used in Baytown are the prestressed which are engineered; however, the other ten (10 %) percent are the conventional type slabs, and those would be the ones that this would pertain to. The City of Baytown Engineering Department and Inspection Department have reviewed the criteria and find it to be satisfactory. In response to inquiry from council, Mr. Dykes res- ponded that the only reason for this criteria is that con- ventional slabs are normally not engineered. If an engineer designs a conventional slab and places his seal on that plan, the city would accept that just as in the case of a pre- stressed slab. The administration recommended approval of the new standards. Councilman Philips moved for adoption of McClelland Engineers Minimum Standard Foundation Criteria; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Consider Proposed Ordinance, Authorizing Contract with Turner, Collie and Braden 'to Perform Drainage Policy Study This item will be discussed at the next council meeting. Vera Campbell Will Appear Vera Campbell, 704 Inwood, appeared to request that council consider a change in the animal control ordinance to provide that if a person is bitten by a dog when on the property of the owner of the dog, the owner of the dog should be responsible to have the dog quarantined. Council suggested that the administration draft an ordinance to cover this situation. Randy Strong, City Attorney, stated that the legal department is working on comprehensive changes to the animal control ordinance, and pointed out that if the change would be made as suggested this would make the owner of the dog responsible even if a burglar broke in and was bitten. Therefore, council suggested that perhaps something could be added to stipulate that if a person is bitten by a dog while on the property of the owner of the dog for lawful purposes, the owner of the dog will be responsible to have the dog quarantined, otherwise the responsibility would rest with the one bitten. The attorney stated that he had an idea of what council would like to have the ordinance stipulate. The legal department will work on an ordinance to cover this situation. 50813 -4 Minutes of the Regular Meeting - August 13, 1985 Bo Sanders Will Appear Mr. Sanders' attorney indicated that this item could be removed from the agenda. Roxanne Gillum Will Appear Roxanne Gillum, owner of property in Brownwood, stated that she had read in the newspaper where council is consid- ering a $ .04 tax increase which she was opposed to because this would be a $ .04 increase on top of the increase in 1983. Councilman Johnson responded that in the budget work session Mayor Hutto had presented various recommendations of which included a decrease in the tax rate of $ .04. Ms. Gillum expressed the feeling that the money to be expended for the study on Texas Avenue is a waste of money, that the area should be declared a public nuisance and condemned. Ms. Gillum said that she had moved out of her home in Brownwood less than three weeks ago and already there has been considerable vandalism. She stated that she was ready for the city to talk with her about condemnation of the property. The city attorney advised Ms. Gillum that if she and her husband would come by his office to sign waivers of notice, the city would be ready to proceed. Bill Tolleson, 121 West Bayshore, requested that signs be erected at every entrance into the area stating privately - owned property or city -owned property to discourage vandalism and those who wish to dump trash in the area. Consider Request of Arthur Morgan for a Public Hearing Arthur Morgan, owner of property at 1003 and 1003h East Fayle for 17 years, requested that city council grant a public hearing into misconduct and irresponsibility that he has proof of, has reason to believe and does believe that Officer Clements, Assistant Chief Merchant, Chief Henscey, Ron McLemore, Assistant City Attorney and Fritz Lanham, City Manager, are guilty of denying a citizen his rights. Mayor Hutto explained once again that council has no authority to provide Mr. Morgan with the hearing being requested and requested that the city attorney respond to Mr. Morgan. The city attorney stated that Mr. Morgan had taken out of context the response to his original allegations of corruption and misconduct on the part of the officer. The response said that as far as the ticket and the complaint are concerned, the ticket is written by the officer and the complaint is drawn from that. The complaint is what is used in Municipal Court for the purpose of prosecuting that Minutes of the Regular Meeting - August 13, 1985 complaint and that officer put on the other items had no Those items do not charge against Mr. correct in his sta to the complaint. 50813 -5 charge against Mr. Morgan. What the ticket as far as time and some of the bearing on the validity of the complaint. matter as far as the prosecution of the Morgan; therefore, Mr. McLemore is tement that those items do not matter as The city attorney further stated that Mr. Morgan had indicated to him that what he wants is a public hearing where he can get a tape or record of the proceeding. The attorney said that he had told Mr. Morgan that if he would like to stop by his office that he would be happy to go through the response with him point by point, and he can make a recording of that to take to the Grand Jury or to whomever he chooses. The attorney emphasized that Mr. Morgan's forum is through the District Attorney's office. Councilman Dickens stated that council has had ample opportunity to review the material submitted by Mr. Morgan and by the city attorney's office. Council has reviewed the various errors claimed by Mr. Morgan. After considering the response prepared by Mr. McLemore, he personally did not feel that there is any indication that the city employees have failed to properly perform their duties, much less any evidence of so called corruption. Therefore, Councilman Dickens moved that Mr. Morgan's claim be denied and that council deny further Mr. Morgan's request for public hearing as there is nothing further to be gained. This is unfortunate, but there is a system set up and it works. Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Consider Proposed Ordinance, Providing for Affidavit to Verify Compliance with Deed Restrictions At the last council meeting, council instructed the administration to prepare an ordinance providing for affi- davit to verify compliance with deed restrictions. The administration recommended approval of the ordinance. Councilman Fuller moved for adoption of the ordinance; Councilman Embry seconded the motion. Councilman Philips stated that he would like to add a proviso that the city would provide a copy of the deed restrictions for those properties located within the city limits. Therefore, Councilman Philips stated that he would like to amend the motion to include that the city would pro- vide a copy of the deed restrictions as known to be in effect with a certain proviso that to the city's best knowledge this is in full force and effect. There is a possibility that someone may want to sue, but the city runs that risk in other areas as well. This is just a matter of doing this 50813 -6 Minutes of the Regular Meeting - August 13, 1985 right in order to better serve the people of the city. Councilman Embry seconded the motion. Mayor Hutto agreed with Councilman Philips. He said that the title companies have all the recorded deed restric- tions, including those that have expired. If the city is going to do this, the thing needs to be done right. The homeowner or builder needs to have available a copy of the pertinent deed restriction for that particular subdivision. The city manager stated that the administration would have the deed restrictions available in the city clerk's office at the charge established for other documents. The city attorney asked that council reconsider making the statement, "that the city believes these to be in force and effective at the time ", because he did not feel that the city should make any representations as to what the city believes the validity of those restrictions are. There would be no way to make that determination without going out on an individual basis and looking to make that determination. Councilman Embry stated that he understood that there was some liability involved, but since it took such an effort to get the deed restrictions altered, he saw that as a small risk. The city attorney pointed out that on September 1, state law will be amended to provide for the amendment to deed restrictions through the petition process. Therefore, there could be a large number of changes in deed restrictions as of September 1. Councilman Philips restated his proposed amendment to amend the ordinance to include a provision that would require the affidavit to be coupled with a deed restriction which would be available at the city clerk's office based on normal reproduction costs; Councilman Embry verified the second. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None The city attorney stated that the ordinance would be amended as follows: Subsection c, where it says that the applicant shall be required to attach a copy of the appli- cable deed restrictions to the affidavit. Then a sentence would be added as follows: A copy of the deed restrictions shall be available at the city clerk's office. Councilman Dickens moved to adopt the amended ordin- ance; Councilman Embry seconded the motion. The vote follows: Minutes of the Regular Meeting - August 13, 1985 Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4214 50813 -7 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 A REQUIREMENT FOR AN AFFIDAVIT CERTIFYING COMPLIANCE WITH DEED RESTRIC- TIONS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Specifications for two (2) 1,000 gpm Pumper Fire Trucks and One (1) 11000 gpm Telesquirt Fire Truck and Authorize Advertisement for Bids The specifications include 60 pages which were developed by the fire department and purchasing department. The original plan was to purchase two water tower trucks (telesquirts), but the staff is recommending that rather than purchase two of those that two pumper trucks be purchased which cost considerably less and one water tower truck. The specifications for the pumpers were based on specifications that were used in 1979 that were updated, and the specifications for the water tower truck were based on specifications obtained from suppliers. These specifications have been circulated among 11 suppliers, and none of them have indicated that they would not be willing to bid. The suppliers have said that delivery can be expected anywhere from 120 days to one year. The specifications provide for liquidated damages in the event the bidder is unable to meet the time that they will specify in the bid. One of the factors that council will be able to consider when bids are received will be the delivery date. The estimated cost of the water tower truck is $200,000, and the estimated cost of the pumper trucks is $120,000 each. The administration requested permission to advertise for bids. Councilman Simmons moved to authorize the administration to advertise for bids; Councilman Johnson seconded the motion. The water tower truck is to be stationed at the Garth Road station. The other two trucks are to be at the Tenth /Fayle station and Massey Tompkins Road station. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None 50813 -8 Minutes of the Regular Meeting - August 131 1985 Consider Request of Allan Durant, 403 Park, for Variance to Buffer Fencing Requirements The administration has received a letter from Allan Durant, owner of a barber shop to be opened at 403 Park, requesting variance to the buffer fencing requirements at that location. Letters have been received from property owners next door on both sides indicating that that would be acceptable to them. The administration recommended approval with the stipulation that should the property or any surround- ing property change ownership and any of the parties wish to have a buffer fence installed one would be installed. Councilman Philips moved to accept the recommendation of the administration; 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 Requirement for 4506 North Main An upholstery shop is to be constructed at this location, and the adjacent property owners have indicated that they have no objection. The administration recommended approval based on the same criteria as the previous approval of the variance to buffer fencing requirement. Councilman Johnson moved to accept the recommendation of the administration. Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Councilman Philips requested that the legal department draft an ordinance for council consideration to allow for the administrative handling of requests for variance to buffer fencing requirements if the proper criteria is met. 50813 -9 Minutes of the Regular Meeting - August 13, 1985 Consider Proposed Resolution, Urging the U.S. Congress to Enact No Legislation to Tax or Restrict the Continued Issuance of Tax - Exempt Obligations of State and Local Government This was part of one of several tax amendments that are being considered in Washington that would remove the tax - exempt status of some bonds that benefit cities, local communities and states. The Texas Municipal League and other similar organizations nationwide are encouraging cities and states to advise their legislators in Washington that they oppose this type of legislation. It seems a little inconsistent to suggest that local and state governments take more responsibilities for providing services in cases of responsibilities that were handled by the federal govern- ment in the past, and at the same time, make it more difficult for local governments to finance these obligations. Therefore, the administration recommended that the resolution be adopted and that the city point up the fact that the cities' taxpayers are the ultimate beneficiaries of this type of tax - exempt status. They are the ones who pay principal and interest on the bonds, and they are the ones who will pay more if the tax - exempt feature is eliminated. The administration recommended approval of the resolution. Councilman Dickens moved for adoption of the resolution; Councilman Philips seconded the motion. - A gentleman in the audience inquired if this legisla- tion applied only to direct obligations of the municipality or does it apply to industrial development bonds. Mr. Lanham responded that it would include any of those tax - exempt obligations that municipalities are now able to issue. Councilman Simmons said that the point that the gentle- man was trying to make is that if cities continue to issue these IRB.'s, these are competitive with local and state exempt bonds and cities would be lending to their own detri- ment. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None RESOLUTION NO. 920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, URGING THE UNITED STATES CONGRESS TO ENACT NO LEGISLATION TO TAX OR RESTRICT THE CONTINUED ISSUANCE OF TAX - EXEMPT OBLIGATIONS OF STATE AND LOCAL GOVERNMENT. 50813 -10 Minutes of the Regular Meeting - August 13, 1985 Consider Proposed Ordinance, Authorizing Amended Contract with Arnold Development Company Randy Strong, City Attorney, reviewed the amendments to the contract with council, the major change being the addition of Paragraph VIII which gives Arnold Development Company exclusive right to use the study for a period of two years after completion of the study. Council members Embry and Fuller had a problem with the study being the exclusive right of Arnold Development Company for two years after completion of the study. Councilman Philips moved to adopt the proposed ordinance providing for the execution of a revised agreement with the Arnold Development Company for preparation of a market analysis and development study and the payment of Sixty Thousand ($60,000) Dollars. Councilman Dickens seconded the motion. In response to inquiry from Ms. Reba Eichelberger regarding what the various phases of work would consist of, the city attorney reviewed the contract with regard to the various phases of work. Both Council members Embry and Fuller expressed concern that the amended contract had not been forwarded to council in a timely fashion for review prior to the council meeting. Councilman Philips stated that he felt that the entire council felt that after paying the $180,000, the city had purchased something of substance, value and something that if the city is not happy with the progress being made by ADC, the city would have the right to take over or his exclusive right lapses. Therefore, Councilman Philips moved to amend the motion to state that failure by Arnold Development Company to maintain substantial progress on the project at all times shall constitute lapse of exclusive rights; Council- man Dickens seconded the motion. Rusty Slay, property owner along Texas Avenue, stated that after the study was complete that Mr. Arnold should be able to give a definite response on whether he intends to develop the area or not. Mr. Slay also pointed out that the longer council gives this man to do something, the longer all the people who own property along the street will have to wonder what is to happen down there. Councilman Fuller expressed the feeling that the proposed amendment was rather nebulous. The city attorney explained that in Paragraph VIII at the end of the first sentence where it is stated, "and will not release the base information to any other party during this period," the following wording would be added: "Failure by Arnold Development Company to maintain sub - stantial progress on a development project at all times shall constitute a lapse of all rights." 50813 -11 Minutes of the Regular Meeting - August 13, 1985 Councilman Embry inquired if such an agreement would have some legal force behind it? The attorney responded that the more specific one can make a restriction or provision like this, the better they are to enforce. He agreed somewhat with Councilman Fuller that making substantial progress at all times is a some- what subjective judgement. The city would have to go to court and convince a jury as to whether the developer's actions were maintaining substantial progress at all times. It would be better if it could be more specific to make it more enforceable. Ms. Eichelberger expressed the feeling that as soon as the developer is paid the last payment, he should be ready with a decision on the project. She also expressed the feeling that the council members should have had an opportunity to review the proposed amended contract in detail prior to the meeting and that a decision should not be made until due consideration of the contract had been given. Dr. Pat Mahan, Chairman of the Downtown Action Committee, said that he felt that the whole dealings with Mr. Arnold have been handled in much the same manner where there has not been time for everything to be properly considered and for the people who own the property to be taken into con- sideration. Dr. Mahan suggested that a meeting between the developer and owners of property along Texas Avenue be arranged through the Downtown Action Committee. In response to inquiry from Dr. Mahan concerning build- ing permits, Mr. Lanham stated that the city would not alter its procedures with regard to issuance of building permits. Dr. Mahan felt that there should be no two year period because at that point the developer has been compensated well for the information derived. If at that point, there is another developer who will pay back the $180,000 and give a better deal, why not let the free enterprise system operate at that point? Dr. Mahan made the point that with half the amount.of the proposed study, the Main Street Manager concept could be funded for three years of progress rather -than,4 to 5 months of study. The vote on the amended motion follows: Ayes: Council members Philips, Johnson, Simmons and Dickens Mayor Hutto Nays: Council members Embry and Fuller The vote on the original motion follows: Ayes: Council members Philips, Johnson, Simmons and Dickens Mayor Hutto Nays: Council members Embry and Fuller 50813 -12 Minutes of the Regular Meeting - August 13, 1985 ORDINANCE NO. 4215 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A REVISED AGREEMENT WITH THE ARNOLD DEVELOPMENT COMPANY FOR THE PREPARATION OF A MARKET ANALYSIS AND DEVELOPMENT STUDY; AUTHORIZING PAYMENT BY THE CITY OF SIXTY THOUSAND AND N01100 ($60,000.00) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Recess and Reconvene Mayor Hutto called for a short recess. When the open meeting reconvened the following business was transacted: Consent Agenda: Council considered the Consent Agenda Items a through p as follows: a. Proposed Ordinance No. 50808 -4, will establish a 40 mph speed limit on W. Lynchburg -Cedar Bayou between North Main and the Harris County Flood Control Ditch at the city limits. As you recall recently, the Traffic Commission reviewed existing speed limits within the City of Baytown in an attempt to establish consistent speed limits on various throughfares throughout the city. Items A through F represent the Commission's recommendations. In regard to Item a, the speed limit is currently 35 miles per hour. It has been reviewed and approved by the Traffic Commission. We recommend approval of the above ordinance. b. Proposed Ordinance No. 50808 -5, will establish a 40 mph speed limit on Lynchburg Road between Market Street and Airhart Drive. This change to 40 mph is a recommendation of the Traffic Commission. We recommend approval of this ordinance. c. Proposed Ordinance No. 50808 -6, will establish a 40 mph speed limit on North Main Street between Cedar Bayou Road /Morrell Avenue to Baker Road. Currently this speed is 35 miles per hour from Cedar Bayou to Bob Smith and 45 miles per hour from Baker to Bob Smith. This is a recommendation of the Traffic Commission. We recommend approval of this ordinance. 50813 -13 Minutes of the Regular Meeting - August 13, 1985 d. Proposed Ordinance No. 50808 -7, will establish a 40 mph speed limit on Baker Road between North Main Street and Bayway Drive. This includes the section from Bush Road to Decker Drive that is already 40 mph. The remaining portion of this section is currently 45 mph. This is a recommen- dation of the Traffic Commission. We recommend approval of this ordinance. e. Proposed Ordinance No. 50808 -8, will establish a 40 mph speed limit on Market Street between the Harris County Flood Control Ditch and Lee Drive. This ordinance would set the speed limit on all of Market Street at 40 mph. This section is currently 30 mph. This is a recommendation of the Traffic Commission. We recommend approval of this ordinance. f. Proposed Ordinance No. 50808 -9, will establish a 40 mph speed limit on Kilgore Road between Cedar Bayou Road and East James Avenue. The road is currently 30 mph. This is a recommendation of the Traffic Commission. We recommend approval of this ordinance. g. Proposed Ordinance No. 50808 -10, will authorize final payment to Richarte Paving Company, Inc. for Lee Drive Sidewalk Program. Richarte Paving Company, Inc. has completed the sidewalk work on Lee Drive. The contract was for $8,945.60. Actual value of sidewalk installed was $9,030.36 which resulted in an overrun of $84.76. The contractor has been paid $7,998.23. We recommend that the final payment of $1,032.13 be made to Richarte Paving Company, Inc. for the Lee Drive Sidewalk Program. h. Proposed Ordinance No. 50808 -11, will authorize Change Order No. 1 to the 1985 Sidewalk Improvement Program. The Parks Department needs a sidewalk constructed in Westwood Park off of Shreck Street. This would add 577 linear feet of sidewalk to the contract with Richarte Paving Company, Inc. The cost of the additional sidewalk would be $3,415.84. The original contract was for $37,600. Funds are available in the Parks Department. We recommend the Change Order be approved. 50813 -14 Minutes of the Regular Meeting - August 13, 1985 i. Proposed Ordinance No. 50808 -12, will authorize final payment to Channel Construction for the 1984 -85 Sanitary Sewer Sliplining Phase I. This project was contracted to Channel Construction Co., Inc. for $118,448 and 90 working days. The work order was dated April 15, 1985. The project consisted of 7,647 linear feet of deteriorated sanitary sewer to be sliplinined and 196 service connections. Two change orders were required - one for $2,905.50 to cover television inspection of two troublesome sewer lines and the other for $14,585 to cover extensions of sliplining to three lines not originally covered in the contract. Change Order Number No. 2 added 1,287 linear feet and 19 service connections. The revised total contract amount after change orders became $135,938.50. No additional working days were added for change orders. Contract work has been completed, inspected and found to be in accordance with the job plans and specifications. By using actual quantities installed and contract unit prices the final contract amount was $128,464.50 - an underrun of $7,474 or 5.5 %. Sixty -four working days were used. Four pay estimates totaling $115,618 have been processed. A retainage of $12,464.50 remains to be paid. We recommend that the final payment in the amount of $12,464.50 be made to Channel Construction Co., Inc. for the 1984 -85 Sanitary Sewer Sliplining Phase I. j. Proposed Ordinance No. 50808 -13, will award the bid for the annual cast iron casting contract. Bids were sent to six vendors. Four bids were received along with one no -bid. Utility Supply submitted the low bid on item no. 1, Golden Triangle submitted the low bid on items 2 and 4, and Municipal Pipe & Fab. submitted the low bid on item 3. The bid amount came to $18,525.50. We recommend the low bidders be awarded this contract. 50813 -15 Minutes of the Regular Meeting - August 13, 1985 k. Proposed Ordinance No. 50808 -14, will award the bid for the annual tire and tube contract. Bids were sent to eight vendors and four bids were received. Goodyear Truck & Tire Center submitted the low bid on items no. 1 -3, 6, 18 -21, 23, 28, 29, and 31. A -Z Tire & Battery submitted the low bid on item 13, 15, and 16. General Tire submitted the low bid on items 5, 7 -12, 14, 17, 24, 26, 27, and 30. B. F. Goodrich submitted the low bid on item no. 4, 22, and 25. The bid amount was $46,848.50. We recommend the low bidders be awarded this contract. 1. Proposed Ordinance No. 50808 -15, will award the bid for the annual safety equipment contract. Bids were sent to 19 vendors and 10 vendors responded with 2 no -bids. We are recommending Items 1, 2, 3 and 6 be awarded to The Glove Company; Item 4 be awarded to Kinco, and Item 5 be awarded to Sea Level Supply. We recommend the low bidders be awarded this contract. m. Proposed Ordinance No. 50808 -16, will award the bid for the annual data processing paper contract. Bids were mailed to eight vendors and seven bids were received along with one no -bid. Data Documents submitted the low bid of $5,169.20. We recommend the low bidder, Data Documents, be awarded this contract. n. Proposed Ordinance No. 50808 -17, will award the bid for the annual storage battery contract. Bids were sent to ten vendors. Four bids were received along with one no -bid. Wowco Starter & Alternator Service submitted the low bid of $6,063.58. We recommend the low bidder, Wowco Starter & Alternator Service, be awarded this contract. o. Proposed Ordinance No. 50808 -18, will award the bid for the annual crushed concrete flexible base material. Bids were mailed to eight vendors and two proposals were received. Concrete Recycling Corporation submitted the low bid of $66,360. We recommend the low bidder, Concrete Recycling Corporation, be awarded this contract. 50813 -16 Minutes of the Regular Meeting - August 13, 1985 p. Council is asked to consider a request for water service for the Baytown Community Church at 915 East Cedar Bayou - Lynchburg Road. We have a 12 inch water line on the south side of Cedar Bayou Lynchburg Road which serves Gentry Junior High School and Stallworth Stadium. This church is located just east of Barkuloo Road on the north side of Cedar Bayou Lynchburg Road. We recommend approval of this request for water service for Baytown Community Church at 915 East Cedar Bayou Crosby - Lynchburg Road. Councilman Johnson moved to adopt the Consent Agenda Items a through p; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4216 AN ORDINANCE ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 40 MILES PER HOUR FOR MOTOR VEHICLES ON A PORTION OF WEST LYNCHBURG -CEDAR BAYOU BETWEEN NORTH MAIN STREET AND THE. HARRIS COUNTY FLOOD CONTROL DITCH AT THE CITY LIMITS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY -OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLI- CATION AND EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 50808 -4) ORDINANCE NO. 4217 AN ORDINANCE ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 40 MILES PER HOUR FOR MOTOR VEHICLES ON A PORTION OF LYNCHBURG ROAD BETWEEN MARKET STREET AND AIRHART DRIVE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 50808 -5) ORDINANCE NO. 4218 AN ORDINANCE ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 40 MILES PER HOUR FOR MOTOR VEHICLES ON A PORTION OF NORTH MAIN STREET BETWEEN CEDAR BAYOU /MORRELL AVENUE AND BAKER ROAD; REPEALING ORDINANCES INCONSISTENT HEREWITH; CON- TAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 50808 -6) 50813 -17 Minutes of the Regular Meeting - August 13, 1985 ORDINANCE NO. 4219 AN ORDINANCE ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 40 MILES PER HOUR FOR MOTOR VEHICLES ON A PORTION OF BAKER ROAD BETWEEN NORTH MAIN STREET AND BAYWAY DRIVE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 50808 -7) ORDINANCE NO. 4220 AN ORDINANCE ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 40 MILES PER HOUR FOR MOTOR VEHICLES ON A PORTION OF MARKET STREET BETWEEN THE HARRIS COUNTY FLOOD CONTROL DITCH AND LEE DRIVE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 50808 -8) ORDINANCE NO. 4221 AN ORDINANCE ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 40 MILES PER HOUR FOR MOTOR VEHICLES ON A PORTION OF KILGORE ROAD BETWEEN CEDAR BAYOU ROAD AND EAST JAMES AVENUE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 50808 -9) ORDINANCE NO. 4222 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO RICHARTE PAVING COMPANY, INC. FOR THE LEE DRIVE SIDEWALK CONSTRUCTION PRO- GRAM; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 50808 -10) ORDINANCE NO. 4223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT WITH RICHARTE PAVING COMPANY, INC. FOR THE 1985 SIDEWALK IMPROVEMENT PROGRAM. (Proposed Ordinance No. 50808 -11) ORDINANCE NO. 4224 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO CHANNEL CONSTRUC- TION COMPANY, INC. FOR THE 1984 -85 SANITARY SEWER SLIPLINING PHASE I; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 50808 -12) 50813 -18 Minutes of the Regular Meeting - August 13, 1985 ORDINANCE NO. 4225 AN ORDINANCE ACCEPTING THE BID OF UTILITY SUPPLY COMPANY, GOLDEN TRIANGLE AND MUNICIPAL PIPE AND FABRICATING FOR THE ANNUAL CAST IRON CASTINGS CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF EIGHTEEN THOUSAND FIVE HUNDRED TWENTY -FIVE AND 50/100 ($18,525.50) DOLLARS. (Proposed Ordinance No. 50808 -13) ORDINANCE NO. 4226 AN ORDINANCE ACCEPTING THE BID OF GOODYEAR TRUCK AND TIRE CENTER, A -Z TIRE & BATTERY, GENERAL TIRE AND B.F. GOODRICH FOR THE ANNUAL TIRE AND TUBE CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FORTY -SIX THOUSAND EIGHT HUNDRED FORTY -EIGHT AND 50/100 ($46,848.50) DOLLARS. (Proposed Ordinance No. 50808 -14) ORDINANCE NO. 4227 AN ORDINANCE ACCEPTING THE BID OF THE GLOVE COMPANY, KINCO, AND SEA LEVEL SUPPLY FOR THE ANNUAL SAFETY EQUIPMENT CON- TRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FIFTEEN THOUSAND FORTY -EIGHT AND 05/100 ($15,048.05) DOLLARS. (Proposed Ordinance No. 50808 -15) ORDINANCE NO. 4228 AN ORDINANCE ACCEPTING THE BID OF DATA DOCUMENTS FOR THE ANNUAL DATA PROCESSING PAPER CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FIVE THOUSAND ONE HUNDRED SIXTY -NINE AND 20/100 ($5,169.20) DOLLARS. (Proposed Ordinance NO. 50808 -16) ORDINANCE NO. 4229 AN ORDINANCE ACCEPTING THE BID OF WOWCO STARTER AND ALTERNATOR SERVICE FOR THE ANNUAL STORAGE BATTERY CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN FOR THE SUM OF SIX THOUSAND SIXTY -THREE AND 58/100 ($6,063.58) DOLLARS. (Proposed Ordinance No. 50808 -17) ORDINANCE NO. 4230 AN ORDINANCE ACCEPTING THE BID OF CONCRETE RECYCLING CORPORATION FOR THE ANNUAL CRUSHED CONCRETE FLEXIBLE BASE MATERIAL CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SIXTY -SIX THOUSAND THREE HUNDRED SIXTY AND N01100 ($66,360.00) DOLLARS. (Proposed Ordinance No. 50808 -18) For bid tabulations, see Attachments "A" through "F. 50813 -19 Minutes of the Regular Meeting - August 13, 1985 Consider Appointments to Mechanical Board Councilman Johnson moved to reappoint John Moore, Tom Kelley and Tom Hughes to the Mechanical Board; Councilman Simmons seconded the motion. One vacancy on the board will not be filled because as of January 1, state law will eliminate that classification. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Consider Appointments to Parks and Recreation Advisory Board Councilman Embry moved to appoint Bennie Kadjar, Ambrose Rios and Raymond Robinson to the Parks and Recreation Advisory Board; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Consider Proposed Ordinance, Awarding Bid on Emergency Basis for Repair of Hoffman Blower to Houston Service Industries One of the blowers at the Central District plant went out and others were being repaired. The administration felt that this could develop into an emergency situation if another blower failed; therefore, telephone bids were taken on an emergency basis for repair of the Hoffman Blower. The administration recommended that the bid be awarded to the low bidder, Houston Service Industries for the amount of $2,448. Since this circumstance occurs quite often, the administration is going to recommend that bids be taken annually for repairs of this type on a per hour work basis. Councilman Philips moved to adopt the ordinance and urge the administration to develop an administrative directive on this kind of repair; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None For bid tabulation, see Attachment "G." 50813 -20 Minutes of the Regular Meeting - August 13, 1985 ORDINANCE NO. 4231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THAT AN EMERGENCY SITUATION EXISTS, AUTHOR- IZING THE PAYMENT OF THE SUM OF TWO THOUSAND FOUR HUNDRED FORTY -EIGHT AND N01100 ($2,448.00) DOLLARS TO HOUSTON SERVICE INDUSTRIES FOR REPAIR WORK TO A HOFFMAN BLOWER; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. City Manager's Report Bridge over Goose Creek at West Main - Several months ago, the administration discussed the fact that the Depart- ment of Highways and Public Transporation was making a survey of bridges. The report that was received from the department indicating bridges being considered did not include the West Main Bridge. Council instructed the staff to write a letter requesting that the highway department consider inclusion of the West Main Street Bridge. Today, Mayor Hutto received a letter from Mr. Poorman advising that the West Main Bridge has been selected for replacement under the 1985 -86 Off State System Federal Aid Replacement and Re- habilitation Program. The estimated cost for replacement is $1,466,000 of which the city would be responsible to fund twenty (20 %) percent of the cost or about $300,000, plus any right of way that may be needed. Council must agree to these terms before the highway department will perform additional study. The tentative plan is for a 44 foot wide span, 600 feet long. If the city commits to this, ten (10 %) percent is to be paid early on in the project. Mr. replaced if it is item in council Lanham stated that at such a nominal necessary to sell this regard will be agenda. if the city can get this bridge cost, this should be done even certificates of obligation. An placed on the next regular Entex, Inc. - Entex has advised the city of a reduction in cost of gas to residential customers. For 6,000 cubic feet of gas, the rate will be reduced $1.62 per month. Council commended Entex for its efforts to keep costs to the consumer down. East District Project - The contractor on this project has moved equipment in and is expected to start work in the next few days. Drainage - Mockingbird /Clayton project is 95% complete. Savell is 98% complete. Sidewalk Construction - There are two contracts for sidewalk construction. On one of those, council has author- ized final payment, and on the other one, council approved a change order to extend the contract. 50813 -21 Minutes of the Regular Meeting - August 13, 1985 Williams Brothers - Williams Brothers has completed most of the work on the Tenth Street Park /Detention Pond. They are putting the final contours on the subgrade of the pond, and they will begin replacing the top soil shortly. Bids will be presented to council shortly for hydromulching. 1985 Street Improvement Project - Angel Brothers has completed all of the reconstruction and the asphalting, but there is cleanup work and minor repairs before completion of the contract. In response to an inquiry from Mr. Foster, Mr. Lanham stated that the sidewalks for the most part are being installed primarily around parks and schools. Brownwood Cleanup Project - That contractor is about 75% complete - -165 lots have been cleaned and about 55 remain to be cleaned. Texas Municipal League Regional Meeting - Council was furnished information about the Texas Municipal League Regional meeting to be held on September 19. Personnel Director - There has been a vacancy in the position of Personnel Director for 2 or 3 months. Assistant City Manager, Larry Patterson, has been acting Personnel Director during this time, and he has interviewed several people in this regard. There were several very good can- didates. Mr. Lanham requested council confirmation of the selection of Missy Bartel at a salary of $34,000 annually. Ms. Bartel attended Lee High School and Lee College and then went on to Texas A &M and Lamar University. She is now in the process of taking graduate courses at the University of Houston in personnel management. She is currently working at Empire of America and has been employed there since 1978. Councilman Philips moved to confirm the appointment of Missy Bartel as Personnel Director at a salary of $34,000 yearly; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Single Member District Lawsuit - The city attorney reported that he had had some discussion with Val Perkins, outside counsel on the single member district lawsuit, and he will be scheduling some depositions on the city's behalf. The attorney for the plantiff's has discussed obtaining depositions from the Mayor and City Council. Council concurred that September 6 would be a good day to attempt to schedule depositions from the entire council. 50813 -22 Minutes of the Regular Meeting - August 13, 1985 Work Session on Budget - Mr. Lanham reminded Council that a work session on the proposed 1985 -86 budget is scheduled for 7:00 a.m. on August 14. Adjourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk