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.
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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.
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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