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1986 03 13 CC Minutes60313-1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 13, 1986 The City Council of the City of Baytown, Texas, met in regular session on Thursday, March 13, 1986, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the follow- ing attendance: Fred T. Philips Jimmy Johnson Perry M. Simmons Ron Embry Roy Fuller Gerald Dickens Emmett 0. Hutto Fritz Lanham Larry Patterson Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was called to order with a quorum present. The invocation was offered by Councilman Johnson, afterwhich the following business was conducted: Mayor Hutto Remarks Concerning Texas Avenue Study Mayor Hutto stated that he had made the recommendation in the work session with city council that the study that was contracted through Arnold Development Company clearly indicated that there was no commercial feasibility or economic justification to the Texas Avenue Restoration Pro- ject as originally construed. Since the focus and direction of that plan would have to be altered to be feasible in any respect, Mayor Hutto recommended to city council that further actions on the Texas Avenue Project be ended and that the subsequent phases of the study be terminated. He further recommended that future development projects that originate from this study should be under the auspices of the newly created Baytown -West Chambers County Economic Development Foundation if there is sufficient interest indicated in this foundation. Councilman Philips inquired if a motion was necessary, and Mayor Hutto replied that there is no item on the agenda. Consider Minutes for the Regular Meeting Held on February 27, 1986 Councilman Philips moved for approval of the minutes for the meeting held on February 27, 1986; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None 60313-2 Minutes of the Regular Meeting - March 13, 1986 Receive Petitions Mr. Paul Weaver had presented a petition requesting that North Circle from the 700 through the 1000 blocks be included in the street improvement program. Mr. Lanham acknowledged that there are some very bad spots in those areas. He and the city engineer had driven over North and South Circle several times before presenting the list for street improvement to council; however, it was their feeling that South Circle was probably in worse shape and needed the overlay more than North Circle. The city street crew will be repairing the worst spots in North Circle, and the admin- istration will attempt to place North Circle in next year's paving program or one in the near future. Work will begin on repairing the worst areas in North Circle within the next thirty (30) days. Presently, the crew is working on Lee Drive replacing portion of concrete. There is no question that what Mr. Weaver is requesting needs to be done, and the pictures that Mr. Weaver presented are accurate. The staff was unable to include as many streets as they would have liked, in as much as the budget for that purpose is only $200,000. This was a judgement decision after reviewing all the streets of the city. Councilman Philips responded that he and the city manager had reviewed the street as well, and there is no question that the city would like to be in the position to resurface the entire street. He emphasized that of the 300 miles of streets within the city, the current budget allocation is not enough to have the streets resurfaced in the next 150 years. The request is valid. Some spot patching will be done and perhaps this street will qualify for resurfacing, but there are some other streets that are in very bad shape. There was more money included in the budget originally, but that was cut when the city went through a severe belt tightening. This condition exists throughout the city, and at some point, something will need to be done. Perhaps, a bond program will be necessary to get money in order to catch up with street improvements. Councilman Philips moved to accept the petition; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Arthur Morgan Will Appear Arthur Morgan, 301 Danubina, expressed his opposition to the Texas Avenue Study. Mayor Hutto explained that at the beginning of the meeting he had recommended that the remainder of the study be canceled. 60313-3 Minutes of the Regular Meeting - March 13, 1986 Mr. Morgan also expressed concern with the condition of State Highway 146 in the vicinity of Ferry Road, but Mr. Morgan was told that this is a state highway and under the authority of the Texas Department of Highways and Public Transportation. To Mr. Morgan's insistence that an item be placed on the agenda to consider the appointment of a board to inves- tigate allegations against any city employee who is not an elected official, Mayor Hutto indicated that that is council's prerogative. Consider Proposed Ordinance, Adopting a Revenue Sharing Budget for 1985/86 Council held a work session on the proposed revenue sharing budget prior to the regular council meeting and tentatively made the following changes: 1. Increased the Cultural Arts Council allocation from $2,000 to $3,000; 2. Increased Bayshore Community Development Services from $11,440 to $30,000; 3. Decreased the Brownwood Land Management and Use Plan from $224,003 to $204,443; 4. Eliminated from consideration the Texas Avenue Study, causing the deletion of $120,000; 5. Increased the contingency by $120,000 for a total of $147,360 in contingency. Council had been furnished a copy of the proposed ordinance with those changes incorporated for a total pro- posed revenue sharing budget of $622,017. This includes full funding of the fourth quarterly payment of revenue sharing which would be about $110,000 or $112,000; however, the administration has been told that the proposed federal budget for next year includes a provision that would eliminate the fourth quarter payment. Therefore, there is the possibility that the $622,017 will be reduced by $110,000 or $112,000. The administration recommended approval of the ordinance. Councilman Simmons moved to adopt the ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None 60313-4 Minutes of the Regular Meeting - March 13, 1986 ORDINANCE NO. 4401 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE SIX HUNDRED TWENTY-TWO THOUSAND SEVENTEEN HUNDRED AND N0/100 ($622,017.00) FROM THE UN- APPROPRIATED SEVENTEENTH ENTITLEMENT PERIOD FUNDS OF GENERAL REVENUE SHARING, 1985, TO THE FOLLOWING BUDGET ACCOUNTS; 538700, SOCIAL SERVICES; 538802, FINANCE ADMIN- ISTRATION; 613100, PUBLIC SAFETY; 650000, PARKS AND RECREATION; 660200, LIBRARY; 694010, CONTINGENCY; AND PROVIDING FOR THE PUBLISHING AND EFFECTIVE DATE HEREOF. Consider Request of Roxanne Gillum for Water Sewer Service Roxanne Gillum, 128 Bayshore Drive, inquired if a vote was taken by council prior to the sealing off of sewer lines and manholes. Mr. Lanham explained that no vote of council was taken, but the reason that this was necessary was that there was infiltration. Ms. Gillum stated that she felt that property owners in Brownwood are not being treated equally since there have been numerous people outside the city limits of Baytown who have been furnished with sewer and water service. These people do not pay property taxes. Yet, they get water and sewer service when Brownwood cannot. Ms. Gillum reminded council of the wording in the annexation ordinance which was adopted on November 29, 1962, which specified that the above described area shall be a part of the City of Baytown and the property so added shall bear its prorata share of the taxes levied by the City of Baytown, and the inhabitants thereof shall be entitled to all the rights and privileges of all the citizens. She stated that she did not feel like the property owners in Brownwood are being entitled to all the rights and privileges of all the citizens. Furthermore, in Section 8, the ordinance further states that the above described territory so annexed contains all of Fresh Water Supply District No. 8 and all of the properties and assets are hereby taken over by the City of Baytown and that said city hereby assumes all debts, liabilities and obligations of such district and shall perform all functions and services of such district. For greater clarity the City Council of the City of Baytown hereby takes complete control of and jurisdiction of such district and hereby abolishes same immediately. She inquired if those words meant that the City Council had an obligation and liability to provide water and sewer service to the Brownwood Subdivision. The city attorney responded that liability and obliga- tion refers to the city's responsibility to pay off the liabilities and obligations of the district. Whatever services the district was providing at that time the city did provide until the time that that service was damaged due to Hurricane Alicia. 60313-5 Minutes of the Regular Meeting - March 13, 1986 He further emphasized that the obligation of the city is to provide similar services to similar areas. Nowhere is it required that the city must provide exactly the same services to every citizen. People live in different areas and must be served in different ways if they can be served. Similar areas are served with similar services. Ms. Gillum said that if the city would have taken the $60,000 spent on Texas Avenue Study, the minimum of $40,000 in outside counsel that was spent to fight the Brownwood residents which are also Baytown taxpayers, $20,000 that was recently subtracted from revenue sharing, approximately $92,000 spent on the three homes in the Kings Bend Subdi- vision, plus the survey for police and fire, plus the money the city spent on court costs, that would represent a con- siderable sum to be applied for water and sewer service to Brownwood. Councilman Embry responded that he felt it was rather insolent for Ms. Gillum to try to pick to pieces decisions the council in some fashion has authorized in the past and make a value judgement on the worth of that expenditure and then assume that it would all be available for use in her particular case. This is just not true. Ms. Gillum said that she agreed with Councilman Embry on that, but she felt that money that the city has allocated in several different cases has gotten the city in difficulty and could have been expended toward providing water and sewer to Brownwood. Councilman Embry said that city council must consider how much any expenditure will benefit the city as a whole, but this is not to say that council decisions are perfect. Council makes difficult choices all the time. Councilman Philips pointed out that members of council must make those difficult decisions which include compromise in order to get the most for the citizens tax dollars. Ms. Gillum reiterated that she would like to know if the City of Baytown is willing to provide water and sewer service to Brownwood since this is a basic necessity or if the city will not provide the service, then will the city install the facility and allow the property owners to pay for it until the matter is resolved in court. The city manager responded that since there are lawsuits pending, he felt that council needed to confer with their attorney concerning this matter. In response to an inquiry from Mayor Hutto, Ms. Gillum stated that all she intended to do at 128 Bayshore is to make repairs. The costs involved in getting water and sewer to the location is important because this will make a difference in the amount of repair work that Ms. Gillum can effect at that location. 60313-6 Minutes of the Regular Meeting - March 13, 1986 The city attorney explained that under the flood plane regulation, regardless of whether one is contemplating only repairs, it is necessary to acquire a flood plane develop- ment permit. This has nothing to do with substantial damage. For any improvement to improved or unimproved property within the flood plane, one must acquire a flood plane development permit from the building inspector. This applies anywhere within the 100 year flood plane, not just in Brownwood. Ms. Gillum said that if the city decides to provide water and sewer service to the subdivision, she will bring in one set of plans, but if the city decides that she must pay for that service, then she will bring in another set of plans. If the city decides that the service will not be provided, then she will submit another set of plans. Therefore, she would like some sort of response in order to know what course to follow. Mayor Hutto stated that an executive session will be held, and this item will be reopened at that time. Consider Neighborhood Cleanup Program The Clean City Commission has recommended the establish- ment of a neighborhood clean up program. Some of the civic associations within the city have approached the administration requesting that one of the trash trucks be placed in their neighborhoods over the weekend. Materials would be placed in the truck, and then the city would come back on Monday and retrieve the truck. There would be set guidelines concerning what items could be placed in the truck, and someone would be designated to be in charge. The truck would be locked so that no one could enter the cab of the truck. The administration recommended approval of the plan with the understanding that the program would be based on the loan of the truck to an organized neighborhood group. Councilman Embry stated that he was basically in favor of the concept, but would the neighborhood groups agree to police the activity so that the city doesn't have large items left there for city employees to have to cope with later. Jo Roosa, Clean City Coordinator, responded that the guidelines would include the deposit of items that the group can put in the truck themselves. The cleanup of the neighborhood would only be publicized within the neighborhood, and if the program became a problem, the city could always discontinue it. Councilman Fuller moved to approve the neighborhood cleanup program; Councilman Embry seconded the motion. In response to council, Ms. Roosa stated that there would be three trucks available for the program on weekends. Council suggested that along with the guidelines for placing materials in the truck, it should be noted that should those guidelines be violated, the program is subject to being discontinued. The vote follows: 60313-7 Minutes of the Regular Meeting = March 13, 1986 Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Consent Agenda Council considered the Consent Agenda as follows: a. Proposed Ordinance No. 60313-2, will authorize an agreement with Harris County for jail services. This contract remains the same as in previous years. The term of this contract will be from March 1, 1986, and ending February 28, 1987. Under the terms of this contract the city will house, support, maintain, and confine in the city jail persons charged with offenses within the jurisdiction of the Justice Court, the County Court, or the District Court, persons committed to jail by order of any judge, other than the Municipal Court Judge of the city, under any circumstances which would warrant said persons being confined in the County Jail, and holdover County prisoners. The period of confinement will not exceed forty- eight hours. Also under this agreement the County agrees to pay the city the sum of $76,377.60. This payment is based upon the best estimate by the parties of the actual costs of providing these services, but in no event will the county be obligated to pay the city more than $77,377.60. We recommend approval of Proposed Ordinance No. 60313-2. b. Proposed Ordinance No. 60313-3, will award the bid for the annual repair clamp contract. Bids were sent to six vendors and five bids were received. Municipal Pipe & Fabricating submitted the low bid of $39,447.13. These repair clamps will be used in the Water Distribution Division of Public Works. We recommend the low bidder, Municipal Pipe & Fabricating, be awarded this contract. C. Proposed Ordinance No. 60313-4, will award the bid for rotating machinery alignment system. Bids were mailed to four vendors. Three proposals were received. Baytown Pneumatics & Hydraulics submitted the low bid meeting specifications in the amount of $2,797.50. This system will be used in the Waste Treatment Division of Public Works. We recommend the low bidder meeting specifications, Baytown Pneumatics & Hydraulics, be awarded this contract. 60313-8 Minutes of the Regular Meeting - March 13, 1986 d. Proposed Ordinance No. 60313-5, will authorize final payment to Solesbee Construction Company for completion of the Riggs Street Drainage Improvements, Job No. 8501-14. Solesbee Construction Company has completed work on the Riggs Street Drainage Project. The original contract amount was $24,916.41. No change orders were made. The final cost of the completed project is $23,122.65. There have been no previous payments made to this contractor. The Engineering Department has inspected and approved the work on this project. We recommend that a final payment of $23,122.65 be made to Solesbee Construction Company. e. Proposed Ordinance No. 60313-6, will authorize the final payment for the concrete channel at Tenth Street Detention Pond/Park. Jerry Sheats, Interests, Inc. has completed the low flow concrete channel at the loth Street Detention Pond. Busch, Hutchison & Associates, Inc. and the City Engineering Department have inspected this job and it meets with our approval. We recommend that a final payment be made to Jerry Sheats, Interests, Inc. in the amount of $25,000. Councilman Dickens moved to approve the Consent Agenda, Items a through e; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4402 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH HARRIS COUNTY PROVIDING FOR JOINT PARTICIPATION BETWEEN THE CITY AND COUNTY WITH REGARD TO THE FURNISHING, MAINTENANCE AND OPERATION OF JOINT JAIL FACILITIES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 60313-2) ORDINANCE NO. 4403 AN ORDINANCE ACCEPTING THE BID OF MUNICIPAL PIPE AND FABRICATING FOR THE ANNUAL REPAIR CLAMP CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THIRTY-NINE THOUSAND FOUR HUNDRED FORTY-SEVEN AND 13/100 ($39,447.13) DOLLARS. (Proposed Ordinance No. 60313-3) 60313-9 Minutes of the Regular Meeting - March 13, 1986 ORDINANCE NO. 4404 AN ORDINANCE ACCEPTING THE BID OF BAYTOWN PNEUMATICS AND HYDRAULICS FOR THE PURCHASE OF A ROTATING MACHINERY ALIGN- MENT SYSTEM AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND SEVEN HUNDRED NINETY- SEVEN AND 50/100 ($2,797.50) DOLLARS. (Proposed Ordinance No. 60313-4) ORDINANCE NO. 4405 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO SOLESBEE CON- STRUCTION COMPANY FOR THE COMPLETION OF RIGGS STREET DRAINAGE IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 60313-5) ORDINANCE NO. 4406 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO JERRY SHEATS, INTERESTS, INC. FOR THE LOW FLOW CONCRETE CHANNEL CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 60313-6) For bid tabulation, see Attachments "A" and "B." Consider Appointment to Community Development Advisory Committee It is necessary to make an appointment to the Community Development Advisory Committee to fill a vacancy left by the resignation of Jean Shepherd. Councilman Fuller moved to appoint Sue Gillette to the Community Development Advisory Committee; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Council commended Ms. Shepherd for her service on this board. City Manager's Report Fire Station at Fayle and Tenth - The foundation has been poured, and the architect reports that the project is proceeding normally. The structural steel is to be delivered in the next three or four weeks. 60313-10 Minutes of the Regular Meeting - March 13, 1986 East District Wastewater Systems Improvements - That project has been on hold for several months awaiting the delivery of motors, pumps, and electrical panels. These are now on hand at the supplier's warehouse in Houston and should be on site tomorrow. Installation should begin next week, and it should take about ten working days to complete the project, making March 25 the date that it will be placed in service. Overhead Storage Tank - Norman Dykes, City Engineer/Director of Public Works, met with the contractor and the engineer on this project and the work of clearing the site is to begin on or before April 1. Steel is being fabricated now and approximately fifteen (15%) percent of that has been completed. The contractor feels that there should be no problem with their meeting the deadline of February 1, 1987. Massey Tompkins at North Main Street Improvements - This project is about ninety-five (95%) percent complete. Sliplining - The work order has been issued, and the contractor is moving equipment on the job and will begin sliplining in the vicinity of Long Drive. Permit Before Corps of Engineers - The city has been notified of a pending permit before the Corps of Engineers regarding the construction of a new pier and the extension of an existing pier in an area on Tabbs Bay which is down in the Tri City Beach Road area. Council was provided this information in the event that they should receive some calls in this regard. Councilman Johnson inquired if the staff was aware of any construction work taking place north on Cedar Bayou up from the power plant. Mr. Lanham was not aware of any construction work in progress there. Questions/Comments From Council Councilman Philips mentioned that the street improvement at the intersection of North Main and Massey Tompkins is moving very slowly. Mr. Lanham stated that one of the reasons for this is that the contractor has had to keep one lane open to traffic at that location. Councilman Philips urged the staff to expedite that if at all possible. The road is blocked a good part of the time, but there is no one working. Mr. Lanham said that he thought that both lanes were completed. All that is lacking is tieing the concrete. pavement into the old asphalt pavement. 60313-11 Minutes of the Regular Meeting - March 13, 1986 To council inquiry, Larry Patterson, Assistant City Manager, stated that emergency ambulance bids were received and that the staff is in the process of analyzing those and hopefully those will be on the next regular agenda. Four companies bid. One company submitted three alternatives; one company submitted two alternatives. Recess Into Executive Session To Discuss Pending and Contemplated Litigation Mayor Hutto recessed the open meeting into executive session to discuss pending and contemplated litigation. When the open meeting reconvened, the following business was conducted: Mayor Hutto Recognized Mrs. Alice Fritch Mrs. Fritch addressed council concerning decorum at the council meeting. She felt that speakers should be limited to fifteen (15) minutes, and that after people had left the assembly they should not be allowed to stand out in the hallway and disturb the remainder of the proceedings. Also, she felt that once an item had been thoroughly discussed, that it should not be discussed again for six months. Mrs. Fritch also pointed out that the majority of the citizens of Baytown may not favor expending money toward restoration of utilities in Brownwood. Consider Request of Roxanne Gillum for Water and Sewer Service The city attorney explained that during the executive session there were questions asked of the city attorney, as well as other departments. Since the staff did not have the answers, there is more work necessary in order to respond to council. Mayor Hutto said that hopefully by the next regular council meeting, council would have a response for Ms. Gillum. Ms. Gillum mentioned that there are a couple different sewer systems in Brownwood. Up to 128 Bayshore is separate sewer lines from what continues on out to the point. The manhole covers going to her property were not filled with concrete as were others. The city had laid some new lines just prior to the hurricane. Ms. Gillum also stated that Brownwood property owners are not asking that more money be expended toward Brownwood. All that they are requesting is basic necessitites which are provided to everyone else. They are not asking the city to repair broken slabs, nor to repair the vandalism. All that they are requesting is the same service that everyone else in Baytown has -- water and sewer service. 60313-12 Minutes of the Regular Meeting - March 13, 1986 Adjourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk Attactmnnt "A" CITY OF BAYTOWN 810 TABULATION TITLE: ANNUAL REPAIR CLAMP CONTRACT BIB NUMBER: 8601-37 DATE: 2-25-86 2:00 P.M. ,ITEM; i QTY ;UNIT i ;DESCRIPTION ; UllLllT SUPPLY ;RONAN COMPANY ;JANCO PIPE 3 FAB. MUNICIPAL PIPE ; —� ;UNIT PRICE;EXT. PRICE;UNIT PR_ICE;EXT. PRICElUNIT PRICE!EXT PRICEIUNIT PRICE'EXT PRICE; 1 ; LOT ; LOT ; REPAIR CLAMPS ; ; 41,101.32: 42,068.001 ; 41,986.50; 39,441.131, DELIVERY: R l DAYS ARO 17-10 DAYS ARID :14 DAYS ARID :14 DAYS ARO ' O (STOCK) ' WARRANTY: MANUFACTURER ' I YEAR MANUFACTURER SUPPLY POINT:; HOUSTON HOUSTON HOUSTON 1 HOUSTON ; ;BIDS MAILED TO 6 VENDORS.; , ; ; ; m Xl'M33HJ ::IN]Od AlddRS 838n13vinNYM :AINV88VA 1,08V SAVO sil :A83AII30 SdWV13 MUM: 101 101 1 MIN 'IX3;3318d I]Nn;33[8d '1X3:3)18d WMPM33ldd 'IX3;3318d I1Nni3318d 01033MMOn1- -t NO11d183S30: IINfll' AID I'W311: 319NVIII N30109 *N*d 00:Z 98-SZ-Z :31y0 LE-1099 :630HnN 019 I3V8IN03 dRY13 8lVd3b iynNNv :31111 Z 39Vd NOlIV1fl9VI 019 NAOIAV8 30 AID m 1'Sa00N3A ► 01 0311VN S0191 MY SAVO Oli 1108Y SAYO Ei i 08Y AVO li QUA1130 1VO03 03AOaddV 1 ! ; 1 i i i NO SHOl1V313133dS 1 i 133N ION S300*11 i i !SN01110NO3 1VIOUS i 1 i i i i i i SNOI1V3I3I33dS,' i aid '1131SAS 1N3NN9IlY1 OI9 OH1 00'I6i'Z 100'006'I� 100'OS6`Z 1 Aa3NIH3VW 9HI MOa: ' ' ' 'V3 I I , 13�1ad '1X3,3318d 11HD,331ad '10331ad IIN0,3318d 'IX3,3318d IIN0,331bd '1X3,331ad 11Nn1 ' 1 NOIld183S30: IIN(11 110 :V311: 9NISY38 03MIYM i S31IVN113Nd NAOIIVG: 9NIOV39 NVH9NINNn3i S31a1S00NI NOIION 'N'd OO:Z 99-iZ-Z :31YO If-I098 :8390 016 N31SAS 1N3NN911V A83NIH3VN DNIIY108 :311111 NOI1Y1119Y1 019 NAOIAV9 3O A113