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.;
,
;
;
;
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