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1985 10 24 CC Minutes51024 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 24, 1985 The City Council of the City of Baytown, Texas, met in regular session on Thursday, October 24, 1985, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Jimmy Johnson Perry M. Simmons Ron Embry Roy L. Fuller Gerald Dickens Emmett 0. Hutto Fritz Lanham Larry Patterson Randy Strong Eileen P. Hall Absent: Fred T. Philips Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Councilman The meeting was called to order with a quorum present. The invocation was offered by Councilman Dickens, afterwhich the following business was transacted: Consider Minutes for the Regular Meeting Held October 10, 1985 Councilman Johnson moved to approve the minutes for the meeting held October 10, 1985; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Receive Petitions There were no petitions presented. Consider Proposed Ordinance, Revisions to the Auto Wrecker Ordinance and Don Graham Will Appear in This Regard Included in the council's packet was an ordinance which had been tabled at the last council meeting regarding changes in the auto wrecker ordinance. At council's place, two revisions to that ordinance were provided - -one correcting an omission of the charge for suspension of a motorcycle and the other providing boundaries for storage outside the city limits. 51024 -2 Minutes of the Regular Meeting - October 24, 1985 Also, included at council's place was an article ex- plaining the reason that a wheel lift is necessary in handling certain automobiles. Many of the automobiles listed were very expensive models; however, some of the models were in a more moderate price range. Many of the new automobiles have plastic front ends which require this special handling. Councilman Dickens moved to adopt the proposed ordin- ance, but table the matter of storage yards; Councilman Johnson seconded the motion. Councilman Fuller expressed the feeling that to allow thirty (30) days to the citizen who suspects that he had been overcharged is not ample time. Ron McLemore, Assistant City Attorney, in response to an inquiry from council, explained that the thirty (30) days provision only applied to hearing before the auto wrecker committee, the citizen would still have remedy at law to file civil or criminal charges. The vote follows: Ayes: Council members Johnson, Simmons and Dickens Mayor Hutto Nays: Councilman Fuller Abstained: Councilman Embry Don Graham was present, but stated that he would get with Councilman Dickens later to discuss possible boundaries for storage outside the city limits. ORDINANCE NO. 4294 AN ORDINANCE AMENDING CHAPTER 6, "AUTO WRECKERS," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN; PROVIDING FOR THE INSPECTION OF AUTO WRECKERS; AMENDING THE FEES AND CHARGES TO BE CHARGED BY AUTO WRECKERS IN THE CITY; EXCLUDING HEAVY DUTY WRECKERS FROM CERTAIN EQUIPMENT RE- QUIREMENTS; PROVIDING FOR AN OVERCHARGE AND NOTIFICATION PROCEDURE; MAKING IT UNLAWFUL TO VIOLATE THE PROVISIONS OF THIS CHAPTER; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Approving Contract with Baytown Opportunity Center for Litter Removal The contract with the Baytown Opportunity Center for litter removal has proven very effective. Last year 22 miles of streets were covered under the contract. This year 8.5 miles have been added for a total of 30.5 miles of litter removal. Two streets are being recommended for quarterly pickup -- Greenbriar and Schreck. During the budget work sessions, council increased the budget for this type litter removal by about $7,000 or $8,000. The administration recommended approval of the ordinance. 51024 -3 Minutes of the Regular Meeting - October 24, 1985 Councilman Johnson moved for adoption of the ordinance; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4295 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH THE BAYTOWN OPPORTUNITY CENTER TO PROVIDE A LITTER PICKUP PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF SEVENTEEN THOUSAND THREE HUNDRED NINETY -ONE AND N01100 ($17,391.00) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Amending Garbage, Trash, and Brush Ordinance to Provide for Brush Pickup on a Monthly Basis A determination was made during the budget work sessions that $112,000 could be cut from the budget by going from three weeks to once a month collection of brush. The admin- istration recommended adoption of the proposed ordinance to provide for brush collection on a monthly basis. Councilman Simmons moved to adopt the ordinance; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4296 AN ORDINANCE AMENDING CHAPTER 141 "GARBAGE, TRASH AND BRUSH," REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Closing of Hunnicutt Street from Highway 146 to Tenth Street from 1:00 p.m. until 7:00 p.m. on October 26, 1985 Richard W. Hawkins, Manager of Baytown Bicycles, requested that Hunnicutt Street from Highway 146 to Tenth Street be closed on October 26, 1985 from 1:00 p.m. to 7:00 p.m. in order that the HUTCH (bicycle) exhibition team can perform a demonstration of bicycle motorcross stunts. The administration recommended approval of the request. 51024 -4 Minutes of the Regular Meeting - October 24, 1985 Councilman Johnson moved to approve the request; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Embry, Fuller, and Dickens Mayor Hutto Nays: None Consider 1985 -86 Drainage Priority List The proposed drainage priority list was prepared before last Saturday's heavy rains; therefore, the list does not address the drainage problems experienced in Lakewood at that time. The engineering department is looking at the problem and hopefully will be able to develop plans to alleviate the problem. In the meantime, the administration requested approval of the priority list. Included on the list is $50,000 for the Mabry Road Detention Pond which is contingent on the highway department agreeing to the drainage of the pond into its storm sewers located in the near vicinity. This detention pond would help to improve the drainage along Mabry and in particular along Cedar Bayou Road. However, if the agreement with the highway depart- ment is not reached, the city would not be prepared to accept the pond and the $50,000 would not be expended. The administration recommended acceptance of the 1985/86 Drainage Priority List. Councilman Simmons moved to accept the 1985/86 Drainage Priority List; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Embry, Fuller, and Dickens Mayor Hutto Nays: None A copy of the drainage priority list is attached to the minutes as Attachment "A." Consent Agenda Council considered the Consent Agenda as follows: a. Proposed Ordinance No. 51024 -4, will award the bid for the annual slag contract. One proposal was received. Heckett, a Division of Harsco, submitted the low bid of $13.00 per ton F.O.B., job site and $10.00 per ton F.O.B. plantsite. We recommend the low bidder, Heckett, Division of Harsco, be awarded this contract. '" 51024 -5 Minutes of the Regular Meeting - October 24, 1985 b. Proposed Ordinance No. 51024 -5, will award the bid for furniture for the West District Wastewater Lab. This furniture includes cabinets, desks, and chairs. Centaur Installations submitted the second low bid of $4,608. VWR Scientific, Inc. submitted the low bid, but their prices were firm only seven days. We recommend Centaur Installations be awarded this contract. c. Proposed Ordinance No. 51024 -6, will authorize an Interlocal Agreement with H -GAC for the purchase of vehicles. This is a standard agreement which we have signed the last few years which will allow City of Baytown to purchase vehicles through the Houston Galveston Area Council. The type of cars we may purchase through this agreement are police patrol cars, which are Plymouth Grand Fury's in the amount of $10,585; police staff autos, which are also Plymouth Grand Fury in the amount of $10,215, h ton pickup truck longbeds in the sum of $8,087, and short bed half ton pickups in the sum of $7,885, and 3/4 ton pickups in the sum of $10,399. We recommend approval of this ordinance. d. Proposed Ordinance No. 51024 -71 will provide that no special benefits will accrue to the properties abutting Massey Tompkins Road and provide for the work to proceed. If Council adopts this ordinance it would declare that there are no special benefits because of the improvements to Massey Tompkins Road for abutting property owners. Therefore, all work will be able to proceed and no assessment will be made against the property abutting Massey Tompkins Road and the owners of that property. We recommend approval of Proposed Ordinance No. 51024 -7. e. Proposed Ordinance No. 51024 -8, will establish continuous flashing yellow signals for West Texas Avenue and continuous red flashing signals for Ashbel, Gaillard and Jones Street. We recommend approval of Proposed Ordinance No. 510248. f. Proposed Ordinance No. 51024 -9, will authorize the renewal of a contract with Bob Greer, Computer Consultant. This contract remains the same as the previous years. The specified sum of $40,008 be paid to Mr. Greer in twelve installments of $3,034. Mr. Greer will provide facilities manage- ment in regards to our city's data processing operation. We recommend approval of Proposed Ordinance No. 51024 -9. 51024 -6 Minutes of the Regular Meeting - October 24, 1985 g. Proposed Ordinance No. 51024 -10, will authorize acquisition of land on North Main for easement purposes. This ordinance if approved will provide for the City Attorney to make an offer of $11,530 for a track of land measuring 16' X 833" for the purpose of a water and sewer easement. We recommend approval of Proposed Ordinance No. 51024 -10. h. Proposed Ordinance No. 51024 -11, will authorize a final payment to Williams Brothers Construction Company for excavation of detention pond /park. Williams Brothers Construction Company has completed the excavation of the detention pond. The original contract was in the amount of $119,000. One change order was approved by City Council in the amount of $24,000 bringing the adjusted total of the contract amount to $143,000. Final construction costs were $146,485. Williams Brothers Construction Company has been paid $121,702.50. We recommend that the work be accepted and that a final payment of $24,782.50 be made. Councilman Dickens moved to adopt the Consent Agenda, Items a through h; Councilman Johnson seconded the motion. In response to an inquiry from council, Larry Patterson, Assistant City Manager, explained that in order to bring the police and municipal courts system up, as well as other work that is scheduled, a considerable amount of Mr. Greer's time will be required; therefore, he felt that the $40,000 figure listed in the contract is realistic. The city could not retain a programmer of Mr. Greer's experience for $40,000 a year. When the city did have a programmer on payroll, the turnover in that position was such that the city could not maintain any continuity in the position and the data pro- cessing functions suffered. In the future, if Mr. Greer's services are not warranted, the adminsitration will recommend a different course of action. The vote follows: Ayes: Council members Johnson, Simmons, Embry, Dickens, and Fuller Mayor Hutto Nays: None ORDINANCE NO. 4297 AN ORDINANCE ACCEPTING THE BID OF HECKETT, DIVISION OF HARSCO, FOR THE ANNUAL SLAG CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SEVENTY -EIGHT THOUSAND AND N01100 ($78,000.00) DOLLARS. (Proposed Ordin- ance No. 51024 -4) 51024 -7 Minutes of the Regular Meeting - October 24, 1985 ORDINANCE NO. 4298 AN ORDINANCE ACCEPTING THE BID OF CENTAUR INSTALLATIONS FOR THE PURCHASE OF FURNITURE FOR THE WEST DISTRICT WASTEWATER LAB AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FOUR THOUSAND SIX HUNDRED AND EIGHT AND N01100 ($4,608.00) DOLLARS. (Proposed Ordin- ance No. 51024 -5) ORDINANCE NO. 4299 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE HOUSTON - GALVESTON AREA COUNCIL APPOINTING THE HOUSTON - GALVESTON AREA COUNCIL AS THE CITY'S PURCHASING AGENT FOR CERTAIN VEHICLES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 51024 -6) ORDINANCE NO. 4300 AN ORDINANCE DECLARING THAT NO SPECIAL BENEFITS WILL ACCRUE TO THE PROPERTY ABUTTING MASSEY-TOMPKINS ROAD AND THE OWNERS OF SAID PROPERTY BY REASON OF THE MASSEY- TOMPKINS STREET IMPROVEMENT PROJECT; PROVIDING THAT WORK MAY BEGIN UPON SUCH STREET IMPROVEMENT PROJECT; DIRECTING THE CITY CLERK TO FILE A RELEASE TO A CERTAIN NOTICE WITH THE COUNTY CLERK; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 51024 -7) ORDINANCE NO. 4301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING THE DESIGNATION OF THE INTERSECTIONS OF WEST TEXAS AVENUE AND ASHBEL STREET, WEST TEXAS AVENUE AND GAILLARD STREET, AND WEST TEXAS AVENUE AND JONES STREET AS SIGNALIZED INTERSECTIONS; DESIGNATING THE INTERSECTIONS OF ASHBEL STREET AT WEST TEXAS AVENUE, GAILLARD STREET AT WEST TEXAS AVENUE AND JONES STREET AT WEST TEXAS AVENUE AS FLASHING STOP SIGNAL INTERSECTIONS; AUTHORIZING THE ADJUST- MENT OF THE SIGNAL DEVICES; REPEALING CONFLICTING ORDINANCES; CONTAINING•A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 51024 -8) ORDINANCE NO. 4302 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A MANAGEMENT CONTRACT WITH B. H. GREER FOR DATA PROCESSING SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 51024 -9) 51024 -8 Minutes of the Regular Meeting - October 24, 1985 ORDINANCE NO. 4303 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE OFFERS FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE OWNERS OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF A CERTAIN TRACT DESCRIBED HEREIN REQUIRED FOR AN UNDERGROUND WATER AND SEWER UTILITY EASEMENT; REQUIRING THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFERS ARE REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 51024 -10) ORDINANCE NO. 4304 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO WILLIAMS BROTHERS CONSTRUCTION COMPANY FOR THE EXCAVATION OF DETENTION POND; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 51024 -11) For bid tabulations, see Attachments "B" and "C." Consider Appointments to Clean City Commission Councilman Embry moved to reappoint Robert Lockett and Aggie Seligman to the Clean City Commission, and to appoint Doug Garrison, Eva Benavides to two year terms and Joe Simon to an unexpired term to expire October 12, 1986. Council- man Dickens seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Embry, Fuller, and Dickens Mayor Hutto Nays: None Consider Appointments to Civil Service Commission The city manager requested confirmation of the appointment of Ralph Kunz to fill the unexpired term of Dick DeSalme and Ken McNulty to serve in place of Mary E. Wilbanks who was appointed in error. There is a provision in the civil service rules which prohibits the appointment of an individual who has served on City Council in the last three years. Councilman Johnson moved to confirm the appointments of Ralph Kunz and Ken McNulty to the Civil Service Commission; Councilman Simmons seconded the motion. The vote follows: Ayes: Council member Johnson, Simmons, Embry, Fuller, and Dickens Mayor Hutto Nays: None 51024 -9 Minutes of the Regular Meeting - October 24, 1985 City Manager's Report United States /Japanese Cultural and Educational Exchange Day - On November 6 and 7 a group of 19 Japanese educators will be visiting the Goose Creek Consolidated Independent School District. Mayor Hutto has been asked to declare November 7 as United States /Japanese Cultural and Educational Exchange Day. Council has been invited to a reception at 6:30 p.m. on November 6, in the Robert E. Lee School Commons. East District Sanitary Sewer Program - The contractor has installed about 640 feet of 15 inch sewer line and a total of 5,512 feet of force main pipe. Certificates of Obligation - The city needs to proceed with the sale of about $250,000 in Certificates of Obligation for the North Main property. Mr. Lanham said that if council had no objections he would be working with Tom Masterson on that sale; Council voiced no objections. 9 -1 -1 Network - The assistant city manager reported that the members of the 9 -1 -1 staff are working in both police and fire departments installing all necessary equipment. That equipment should be operational by the end of the week. Dispatchers are involved in training this week, and the hot test will begin November 1 and should run through the end of January at which time the system will be switched on line. In response to council inquiry, Mr. Patterson said that no action has been taken with regard to the generator necessary for the police department yet, and he emphasized that as a result of looking at the system for 9 -1 -1, the generator was discovered to be deficient for normal operations. The generator would be necessary with or without 9 -1 -1. Councilman Fuller further expanded on Mr. Patterson's comments by saying that 9 -1 -1 is on schedule and that 9 -1 -1 is scheduled to go on line toward the end of January. The hot test is very important because every aspect of the system will be evaluated. An extensive education program has been devised to apprise the public of the 9 -1 -1 service, and about 450 dispatchers are being trained throughout the county to use the equipment. City Manager Conference/Vacation - The city manager notified council of his plans to be absent from the city for the next two weeks. He will be attending the ICMA Conference in Philadelphia the first four days and for the remainder of the time, the Lanham's will be on vacation. During that time, Larry Patterson, Assistant City Manager, will act as City Manager. Adjourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk 1985 -1986 PROPOSED DRAINAGE LIST 1. Lakewood Drive at Yaupon install drainage system to Burnett Drive 2. Glen Haven and Fairway Drive install drainage system 3. 3504 Autumn Lane — install inlet 4. Oak Shadows circle — Engineering study needed 5. Kilgore Road — clean ditches on east side from Cedar Bayou Road to Bayou Drive 6. Danubina Street — clean ditches on east side from Wright Street to Texas Avenue 7. Stimson Street — clean ditches on north side from the outfall to the third house 8. South Road — clean ditches on south side from East Road to dead end 9. East Road — clean ditches on both sides as needed from Lynchburg —Cedar Bayou Road to South Road 10. South Main Street — install a crossover pipe 50 ft. north of Tuckers Radiator Shop to relieve flooding 11. Mabry Road Detention Pond — Construct necessary drainage system 12. Contingency Attachment "A" $25,000.00 25.000.00 2,000.00 0.00 5,000.00 5,000.00 3,000.00 5,000.00 15,000.00 5,000.00 50,000.00 10,000.00 Total $150,000.00 CITY OF BAYTOVN 610 TABULATION TITLE: ANNUAL SLAG CONTRACT 810 NUMBER: 8509 -117 DATE: 10 -10 -85 2:00 P.M. Attachment "B" HECNETT ;ITEM; QTY ;UNIT ;DESCRIPTION ;UNIT PRICEIEXT. PRICE:UNIT PRICES . PRI CEIUNIT PRICElEXT. PRICE—MIT PRICE;EX1 PRICE; ANNUAL SLAG CONTRACT, , ,per specifications. 1 16000 ;TONS ; F.O.B. DELIVERED TO ; 13.00/NT 1$78,000.00; DESIGNATED JOBSITE 2 16000 ;TONS ; F.O.B. VENDOR PLANTSITE ; 1000 /11T 1$60,000.00; CITY OF BAYTOWN BID TABULATION TITLE: FURNITURE FOR WEST DISTRICT WASTEWATER LAB BID NUMBER: 8507 -106 DATE., 9 -10-85 2:00 P.M. Attachment "C" : : CENTAUR INSTALLATION; MAX GRIGSBY ; VW SCIENTIFIC, INC ;ITEM; QTY ;UNIT ;DESCRIPTION ;UNIT PRICE :EXT. PRICE :UNIT PRICE :EXT. PRICE :UNIT PRICE :EXT. PRICE ;UNIT PRICE:EXT. PRICE; FURNITURE FOR WEST ;f 4.608.00: 3 5,252.00: 3 4,335.26: DISTRICT WASTEWATER LAB,: per specifications. DELIVERY: : 60 DAYS ARO : 60 DAYS ARO 7 -14 DAYS ARO : SPECIAL CONDITIONS: : : : ; :**PRICES ONLY GOOD THRU 10- 10-85.