1999 07 08 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
July 8, 1999
The City Council of the City of Baytown, Texas, met in regular session on
July 8, 1999, at 6:30 p.m., in the Council Chamber of the Baytown City Hall with
the following in attendance:
Victor Almendarez
David Byford
Calvin Mundinger
E. Frank Hinds, Jr.
Coleman Godwin
Scott Sheley
Pete C. Alfaro
Monte Mercer
Ignacio Ramirez
Eileen P. Hall
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
City Attorney
City Clerk
The meeting was opened with a quorum present, and Council Member
Sheley led the pledge of allegiance and offered the invocation, after which the
following business was conducted:
Consider Approval of Minutes for the Regular Meeting held on June 24,
1999
Council Member Almendarez moved to approve the minutes. Council
Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
990708 -2
Minutes of Regular Session — July 8, 1999
Consider Proposed Resolution No. 990708 -1, Authorizing Submittal of the
1999 -2000 Community Development Block Grant Action Plan to the U. S.
Department of Housing and Urban Development
The City must submit an annual application to HUD in order to receive the
CDBG Entitlement Grant. The Community Development Advisory Committee
has reviewed proposals and formulated funding recommendations for 1999-
2000. City Council has the final authority concerning the activities and level of
funding contained in the CDBG each year. This budget document contains both
the recommendations from the Community Development Advisory Committee
and City staff concerning the activities and level of funding for the 1999 -2000
CDBG program year. The administration recommended approval with the
exception of $11,159, which the City Manager requested be moved to
demolition.
Mr. Eric Halverson, Chairman, Community Development Advisory
Committee, thanked Council for considering the proposal.
Council Member Sheley moved to adopt the resolution. Council Member
Byford seconded the motion. Council Member Almendarez moved to amend the
motion to move monies from Love, Inc., to alleyways. There was no second.
The vote follows on the original motion:
Ayes: Council Members Almendarez*, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
RESOLUTION NO. 1394
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
MAKE APPLICATION TO THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT FOR THE 1999-
2000 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS;
DESIGNATING AN AUTHORIZED REPRESENTATIVE;
AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR
AFFIRM ANY GRANT AWARD THAT MAY RESULT
THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
*Council Member Almendarez voted aye; however, he emphasized that
he did not support the budget allocation to Love, Inc.
990708 -3
Minutes of Regular Session — July 8, 1999
Consider Proposed Ordinance No. 990708 -1, Authorizing an Agreement for
Law Enforcement Services with the Baytown Housing Authority
Based upon the agreement, the Chief of Police shall assign a patrol officer
to provide law enforcement services on property under the control of the
Authority and shall present a semi - annual written crime report to the Authority.
The City of Baytown will receive $50,000 to help defray the expenses associated
with such assignment. The agreement runs from April 1, 1999, through March
31, 2000, and is automatically renewed for a period of one year unless otherwise
terminated. The Housing Authority has approved the agreement.
Council Member Mundinger moved to adopt the ordinance. Council
Member Almendarez seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8625
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST
TO AN AGREEMENT FOR LAW ENFORCEMENT SERVICES
WITH THE HOUSING AUTHORITY OF THE CITY OF BAYTOWN,
TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 990708 -2, Amending Chapter 18
"Buildings," Article XI "Landscaping," Section 18 -1201 "General
Regulations," Subsection (B) "Applicability" and the Definition of "New
Commercial Permit" Contained in Chapter 18 "Buildings," Article XI
"Landscaping," Section 18 -1202 "Definitions" of the Code of Ordinances,
City of Baytown, Texas, and Repealing Chapter 18 "Buildings," Article XI
"Landscaping," Section 18 -1206 "Streetscape," Subsection (d) of the Code
of Ordinances, City of Baytown, Texas
The proposed ordinance requires that all landscaping requirements (both
landscaping and streetscaping) be met only for the remodeled or reconstructed
area when the remodeling or reconstruction increases the floor area by less than
fifty percent. However, should such remodeling or reconstruction increase the
990708 -4
Minutes of Regular Session — July 8, 1999
floor area by fifty percent or more, the entire property must comply with both the
landscaping and streetscaping requirements. These proposed revisions will treat
new construction on the same site with previous construction as part of the site
for computation of gross floor area.
Furthermore, the proposed ordinance requires streetscaping when the
impervious surface expansion is 25 percent or greater and there is no
corresponding remodeling or reconstruction on the site. This streetscaping
requirement differs from the current ordinance in that it is dependent upon the
increase of impervious surface area, not the increase in the number of parking
spaces.
These proposed changes have been considered and approved by the
Growth Management and Development Advisory Commission and the Baytown
Area Community Long -Range Planning Commission.
Council Member Byford moved to adopt the ordinance. Council Member
Hinds seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8626
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 18 "BUILDINGS," ARTICLE XI
"LANDSCAPING," SECTION 18 -1201 "GENERAL
REGULATIONS," SUBSECTION (B) "APPLICABILITY" AND
THE DEFINITION OF "NEW COMMERCIAL PERMIT"
CONTAINED IN CHAPTER 18 "BUILDINGS," ARTICLE XI
"LANDSCAPING," SECTION 18 -1202 "DEFINITIONS" OF THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS,
REPEALING CHAPTER 18 "BUILDINGS," ARTICLE XI
"LANDSCAPING," SECTION 18 -1206 "STREETSCAPE,"
SUBSECTION (D) OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS; PROVIDING FOR A PENALTY NOT
EXCEEDING FIVE HUNDRED AND NO /100 DOLLARS ($500.00);
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
990708 -5
Minutes of Regular Session — July 8, 1999
Consider Proposed Ordinance No. 990708 -3, Amending Chapter 18
"Buildings and Building Regulations," Article X "Swimming Pools and
Spas," Division 3 "Pool Yard Enclosures," Section 18 -1131 "Enforcement
Authority" of the Code of Ordinances
This amendment allows the enforcement division of each department to
enter any occupied or unoccupied premises on which a public swimming pool is
located at all reasonable times to inspect, investigate, or enforce the pool yard
enclosure requirements.
Also, the amendment allows the enforcement division of each department
to enter any occupied premises on which a private residential swimming pool is
located to enforce the pool yard enclosure ordinance after giving a minimum of
24 hours' notice. Previously, the ordinance required at least 24 hours' notice any
time the enforcement division entered onto any occupied premises.
Council Member Hinds moved to adopt the ordinance. Council Member
Godwin seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8627
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE X "SWIMMING POOLS AND SPAS,"
DIVISION 3 "POOL YARD ENCLOSURES," SECTION 18 -1131
"ENFORCEMENT AUTHORITY" OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
990708 -6
Minutes of Regular Session – July 8, 1999
Consider Proposed Ordinance No. 990708 -4, Authorizing the City Attorney
to Make Offers to Acquire Drainage Easements Required for the
Completion of the 1998 Drainage Improvement Program— Contract No. 3
and to Institute Eminent Domain Proceedings in the Event that the Offers
are Refused or Ignored
The ordinance directs the City Attorney to make offers to acquire: a
0.0263 -acre drainage easement; a 0.0071 -acre utility easement; and a 0.1660 -
acre temporary construction easement out of the William Bloodgood
Augmentation Survey, Abstract No. 5, Baytown, Chambers County, Texas.
Should such offers be refused or ignored, the proposed ordinance
authorizes the City Attorney to commence eminent domain proceedings to obtain
the easements to improve storm water drainage in the Abbe Subdivision and
surrounding properties. Before the City can advertise the 1998 Drainage
Improvement Program — Contract No. 3, it is necessary to obtain the above -
referenced easements. All other easements concerning this project have been
successfully acquired. The City has made numerous efforts to obtain the
remaining easements.
Council Member Almendarez moved to adopt the ordinance. Council
Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8628
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 CERTAIN EASEMENTS
DESCRIBED HEREIN, WHICH ARE REQUIRED FOR THE
INSTALLATION OF A STORM WATER CONVEYANCE SYSTEM
TO IMPROVE STORM WATER DRAINAGE IN THE ABBE
SUBDIVISION AND SURROUNDING PROPERTIES; REQUIRING
THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN DAYS;
DIRECTING THE CITY ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS IN THE EVENT SUCH
OFFERS ARE REFUSED AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
990708 -7
Minutes of Regular Session — July 8, 1999
"" Consider Proposed Ordinance No. 990708 -5, Authorizing Professional
Consulting Service Contract to Prepare Plans and Specifications and
Monitor Removal for the Brunson Theater Asbestos Removal Contract
The ordinance authorizes the contract to 3D /International for an amount
not to exceed $22,940. The scope of work includes preparing contractual and
technical specifications for removing asbestos containing materials from the
Brunson Theater and providing a final report to the Texas Department of Health.
The preliminary estimated removal cost is $180,000. This professional
consulting service contract will be funded through the 1998/99 budget.
Council Member Sheley moved to adopt the ordinance. Council Member
Mundinger seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8629
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN
TO EXECUTE AND ATTEST TO A CONTRACT WITH
=INTERNATIONAL REGARDING THE PREPARATION OF
PLANS AND SPECIFICATIONS AND MONITOR REMOVAL FOR
THE BRUNSON THEATER ASBESTOS REMOVAL CONTRACT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 990708 -6, Authorizing Engineering
Service Contract with Wayne Smith & Associates, Inc., to Prepare Plans
and Specifications for the 1999 Municipal Street Rehabilitation Program
The ordinance authorizes a stipulated sum in the amount of $163,499 for
basic services plus $92,500 budgeted for reimbursables. The scope of work
includes the design of eight asphalt and concrete pavements (North Main, Oak
Shadows, Bridges, East Gulf, Lee, Carnegie, Ferry, and Foster). The estimated
construction cost is $2,200,000. This will be funded by Street Bond Funds, 1997
Certificates of Obligation, CIPF 1998/99 and CIPF 1999/2000.
Council Member Byford moved to adopt the ordinance. Council Member
Hinds seconded the motion. The vote follows:
990708 -8
Minutes of Regular Session — July 8, 1999
Ayes: Council Members Almendarez, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8630
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST
TO A PROFESSIONAL SERVICES AGREEMENT WITH WAYNE
SMITH & ASSOCIATES, INC., FOR THE PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE 1999 MUNICIPAL
STREET REHABILITATION PROGRAM; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Approval of Plans and Specifications for the 1998 Drainage
Improvements Contract No. 2 and Authorize Advertisement for Bids
The scope of work includes drainage improvements along Redbud Lane,
Steinman Street, and Hardin Road. Work on Redbud includes approximately
1,100 If of reinforced concrete pipe cleaning and of ditch regrading. Work on
Steinman Street includes installation of a new 46 If 4'x2' box culvert and 250 If.
of ditch regrading. Work on Hardin Road includes installation of a new 250 If
4'x2' box culvert and fifty If of 42 -inch corrugated metal pipe. The estimated
construction cost is $150,000 and will be funded by 1997 Certificates of
Obligation. The construction duration is fifty working days.
Council Member Byford moved to approve the plans and specifications for
the 1998 Drainage Improvements Contract No. 2 and authorize advertisement
for bids. Council Member Almendarez seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
Consent Agenda
Council considered the consent agenda items "a" through 'T"
990708 -9
Minutes of Regular Session — July 8, 1999
a. Proposed Ordinance No. 990708 -7, authorizes Deduct Change
Order No. 2 to adjust final quantities in the amount of $58,304.80
and approves final payment in the amount of $132,709.59 to
Horseshoe Construction, Inc., for the Glen Arbor /Fair Park Sanitary
Sewer Rehabilitation Project. The contract award amount was
$1,619,920.00, and the total change order amount represents a
3.59 - percent cost reduction. Significant overruns include payments
for sod in lieu of hydromulch and an additional 390 If of eight -inch
open cut sewer line. Significant underruns include a reduction by
390 If of eight -inch pipe bursting due to the need to open cut and
six -inch sewer pipe replacement by pipe bursting with eight -inch
high density polyethylene pipe reducing the length by 2,769 If. This
work was funded by a 1996 Texas Water Development Board
Loan.
We recommend approval
b. Proposed Ordinance No. 990708 -8, authorizes Deduct Change
Order No. 1 on Work Order No. 1 to adjust final quantities in the
amount of $15,391.45, and authorizes final payment of Work Order
No. 1 in the amount of $35,142.85 to PM Construction &
Rehabilitation, L.P., on the Annual Sewer Rehabilitation Contract
for the Year 1999 -2000. The work is on Magnolia Street, Sterling
Avenue, Weaver Avenue, Caldwell Street, and Highway Boulevard.
Significant underruns include a reduction of 388 If of six -inch and
eight -inch pipe bursting and 76 fewer shallow depth reconnect
services. A significant overrun was an additional 828 If of six -inch
and eight -inch pipe bursting from eight -foot to fifteen -foot depth.
The original duration was 35 working days and the contractor
completed the work in 31 working days. This work is funded by a
Texas Water Development Board Loan.
We recommend approval.
C. Proposed Ordinance No. 990708 -9, authorizes renewal of the
Industrial District Agreement with Bayer Corporation for an
additional seven -year term. This agreement expired in April 1999.
The first payment pursuant to this agreement will be for the tax
year 1999. This agreement is in conformity with the policies
adopted by the City Council for companies in the city's industrial
districts.
We recommend approval.
990708 -10
Minutes of Regular Session — July 8, 1999
d. Proposed Ordinance No. 990708 -10, awards a housing
rehabilitation contract for 601 South Circle Drive to Colts
Development, Inc., in the amount of $21,280. Six bid packages
were picked up and three were returned. Repairs will be made to
the sheet rock, windows, flooring, plumbing, kitchen counter
cabinets, the laundry room gas line, and exposed ceiling joists and
the wall studs will be covered. In the bathroom, a sink will be
installed. The roof will be reshingled, siding will be replaced, and
support columns repaired and replaced. The office estimate was
$21,000.
We recommend approval.
e. Proposed Ordinance No. 990708 -11, awards the sole source
purchase of Informix Licensing for the Communications Division to
Versaterm Inc., in the amount of $36,357. Versaterm is offering the
City of Baytown special licensing consideration based upon their
current retail added vendor contract with Informix. We will receive
end -user licensing of 5:1. We will purchase sixty licenses and
receive authorization for 300 end -user simultaneous connections.
Funding will be through the crime Control and Prevention District.
We recommend approval.
Council Member Hinds moved to adopt the consent agenda items "a"
through "e." Council Member Godwin seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8631
AN ORDINANCE AUTHORIZING DEDUCT CHANGE ORDER NO.
2 WITH HORSESHOE CONSTRUCTION, INC., TO ADJUST THE
FINAL UNIT BID QUANTITIES FOR THE GLEN ARBOR/FAIR
PARK SANITARY SEWER REHABILITATION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE
HUNDRED THIRTY -TWO THOUSAND SEVEN HUNDRED NINE
AND FIFTY - NINE /100 DOLLARS ($132,709.59) TO HORSESHOE
CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
990708 -11
Minutes of Regular Session — July 8,1999
ORDINANCE NO. 8632
AN ORDINANCE AUTHORIZING DEDUCT CHANGE ORDER NO.
1 TO WORK ORDER NO. 1 WITH PM CONSTRUCTION &
REHABILITATION, L.P., TO ADJUST THE FINAL UNIT BID
QUANTITIES FOR THE YEAR 1999 -2000 ANNUAL SEWER
REHABILITATION CONTRACT; AUTHORIZING FINAL
PAYMENT OF THE SUM OF THIRTY -FIVE THOUSAND ONE
HUNDRED FORTY -TWO AND EIGHTY - FIVE /100 DOLLARS
($35,142.85) TO PM CONSTRUCTION & REHABILITATION, L.P.,
FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
ORDINANCE NO. 8633
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN
INDUSTRIAL DISTRICT AGREEMENT WITH BAYER
CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 8634
AN ORDINANCE AWARDING THE CONTRACT FOR
COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO.
99 -03 TO COLTS DEVELOPMENT, INC., FOR THE SUM OF
TWENTY -ONE THOUSAND TWO HUNDRED EIGHTY AND
NO /100 DOLLARS ($21,280.00); AUTHORIZING PAYMENT
THEREOF; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 8635
AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM
OF THIRTY -SIX THOUSAND THREE HUNDRED FIFTY -SEVEN
AND NO /100 DOLLARS ($36,357.00) TO VERSATERM, INC., AS
THE SOLE SOURCE FOR THE PURCHASE OF INFORMIX
LICENSING FOR THE POLICE DEPARTMENT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
For bid tabulations, see Attachment "A."
990708 -12
Minutes of Regular Session — July 8, 1999
Consider Appointments to the Auto Wrecker Committee
Council Member Mundinger moved to appoint Mercedes Renteria and
James R. Seth to the Auto Wrecker Committee. Council Member Almendarez
seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
City Manager's Report
July 4, 1999
The July 4 celebration was very successful. The City Manager
recognized Parks & Recreation, Fire, EMS, Health Department, and all of the
City employees who worked to make this a success.
Budget Meetings
Budget meetings will be held August 9 from 4:00 p.m. to 6:00 p.m.,
August 11 from 4:00 p.m. to 6:00 p.m., and August 12 from 4:00 p.m. to 5:00
p.m.
Texas Summer Olympics
Stephen Jean of the Baytown Housing Authority sent a letter to Council
commending Officer Ken Hockless and Kevin Sims and Nancy Hockless for
assisting in the Texas Summer Olympics.
Street Lights
HL &P has verified that streetlights approved in the fall of 1998 will be
installed within the next ninety days.
Minutes of Regular Session — July 8, 1999
Adjourn
990708 -13
As there was no further business to be transacted, the meeting was
adjourned.
Eileen P. Hall, City Clerk
CITY OF BAYTOWN
BIO TABULATION
TITLE: Rehabilitation
BID: 99 -03
DATE: 611199
TIME: 10:00 a.m.
Investment Grou
Colts Develo ment
Ea le Construction
Horizon S.W. Pro.
Santos Remodelin
Masse Tom kips
12109 Poulson
2116 Westminister
2440 TX Parkwa #219
511 E. Wri ht
Ba own TX 77521
Houston TX
Pearland TX
Missouri Cit , TX 77489
Ba own, TX 77520
Descri lion
Price
Price
Price
Price
Price
Bid Packa e # 1
Pro'ect #99 -03
601 S. Circie
No Bid
$21,280.00
No Show
$21,953.00
No Show
IN
MINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
JULY 8,1999
The City Council of the City of Baytown, Texas, met in special session on
July 8, 1999, at 5:30 p.m., in the Don M. Hullum Conference Room of the
Baytown City Hall with the following in attendance:
Victor Almendarez
Council Member
David Byford
Council Member
Calvin Mundinger
Council Member
E. Frank Hinds, Jr.
Council Member
Coleman Godwin
Council Member
Scott Sheley
Council Member
Pete C. Alfaro Mayor
Monte Mercer City Manager
Ignacio Ramirez City Attorney
Eileen P. Hall City Clerk
The meeting was opened with a quorum present, and the following
business was conducted:
Hold Appeal Hearing on the Growth Management and Development
Advisory Commission's Denial of the Final Plat Approval for Country Club
Estates, Section 1
Mayor Alfaro called to order the appeal of the decision of the Growth
Management and Development Advisory Commission of the City of Baytown to
deny the final plat for Country Club Estates, Section 1, Baytown, Hams County,
Texas. He stated that the appeal was at the request of Mr. James P. Hutchinson
on behalf of Mr. M. T. Amad, the owner of the property.
Mr. Amad verified that he wished to pursue the appeal.
Mayor Alfaro said that as with all hearings before the Council, the rules of
evidence were informal; however, he asked both parties to refrain from using
irrelevant or redundant testimony.
990708 -2
Minutes of the Special Session — July 8,1999
Mayor Alfaro swore in the witnesses: James Hutchinson, M. T. Amad,
Monte Mercer, Herbert Thomas, and Howard Wellspring. He said that each party
would have three minutes for opening statements.
Mr. James Hutchinson spoke on behalf of Mr. M. T. Amad. He stated that
Mr. Amad's contractor, Clary Brothers Services, removed more than was needed
for the street grade; however, the contractor did not realize that until the
roadways had been lime stabilized with six inches of subgrade. When he
discovered the undercut, he put in a small amount of select fill (a 60-40 mixture
of sand and clay recommended by geotextile engineers for building slabs) maybe
three inches in some places but most of it is one -half inch thick. He explained
that the contractor poured some of the streets before he was aware that the City
Engineer wanted a filter fabric that would let water through and stop granular
material so the sand would not be pumped up through the construction joints if
they opened. Mr. Hutchison stated that he did not believe that would happen and
that Mr. Amad would like to furnish a $150,000 five -year bond covering the
pavement to protect the City.
City Engineer Howard Wellspring, on behalf of the City of Baytown,
responded that the sections of roadway without the geotextile membrane are
unacceptable and do not furnish the same degree of protection. He noted that a
sample of sand taken from the stockpile turned to quicksand when water was
added to it.
Mr. Wellspring, in working with Mr. Hutchison, had proposed a solution
that would not require removal of the entire street and would adequately prevent
the sands from moving through the joints. The contractor would go back to the
joints, saw cut and remove the concrete two feet on each side of the existing
joints, excavate eight inches down, put in cement - stabilized sand, and then place
the concrete. The rebar could be reused and if damaged in any way, an
eighteen -inch rebar would be required. It would need to be drilled into the
pavement nine inches. Very important to this remedy is the use of an epoxy
product to seal together the new concrete and the old concrete in order not to
create a new joint. The expansion joint is still required because of the expansion
of the concrete, but if the proposed procedure is adhered to, no new path is
created for the water to get down into the concrete where the sand is. Mr.
Wellspring stated that it would be equitable for the City to accept the portions of
the roadway with the geotextile membrane. He felt the roadways with the
membrane and a type 4 joint sealant are adequately protected. However, the
portion of roadway being recommended for removal provides a solution limited to
the work at the joints. He concluded that the reason for the five -year
maintenance bond was not that he anticipated damage to the road in the five -
year period but that this was an unconventional use of this procedure.
990708 -3
Minutes of the Special Session — July 8,1999
Mayor Alfaro said that each side could present witnesses starting with Mr.
Amad. Neither Mr. Amad nor the City wished to call witnesses. Mayor Alfaro
asked for closing statements.
Mr. Amad said that a $150,000 bond would be adequate to replace the
entire pavement. He also said that he did not believe that the sand Mr.
Wellspring brought in was the same fill that was used in the roadway. He
reiterated that the roadways could be cored and tested but that would take
another two weeks.
In response to Council inquiry, Mr. Wellspring stated that the maintenance
bond is a second layer of protection to the City and the bond should umbrella the
entire project. Mr. Hutchison stated if the contractor reworked the joints, no bond
should be necessary, and he did not wish to do both.
There being no closing statement from the City, Mayor Alfaro closed the
hearing.
Consider Affirming, Reversing, or Modifying the Decision of the Growth
Management and Development Advisory Commission Concerning the
Denial of the Final Plat Approval for Country Club Estates, Section 1
Council Member Almendarez said that the responsibility for the problem
was the developer's because he selected the contractor. He said he thought the
city ordinance should be enforced.
In response to inquiry from Council, Herbert Thomas stated that random
core samples could be taken and possibly fill material found that passes the test,
but if there is sand, it will pump through the cracks and the street will fail.
Howard Wellspring reiterated that once the cuts are made and the new fill
put in, the job should be up to city specifications; however, he had requested the
maintenance bond because of the unproven technology.
Council Member Hinds moved to require the saw cut, the joint fill, and the
$150,000 bond to cover the whole area. Council Member Byford seconded the
motion.
Council Member Mundinger moved to amend the motion to have the
$150,000 bond cover only the areas that do not meet city specifications. The
motion to amend died due to lack of second. The vote on the original motion
follows:
990708 -4
Minutes of the Special Session —July 8,1999
Ayes: Council Members Byford, Hinds, and Godwin
Mayor Alfaro
Nays: Council Members Almendarez, Mundinger,
and Sheley
Hold Appeal Hearing on Urban Rehabilitation Standards Review Board
Order to Demolish the Structure Located at 1912 California
Mayor Alfaro called to order the appeal of the decision of the Urban
Rehabilitation Standards Review Board of the City of Baytown to demolish the
structure located at 1912 California Street, Baytown, Texas. The appeal was
scheduled at the request of Ms. Vivian Lawson, the owner of the property.
Ms. Lawson stated that she wished to pursue her appeal.
Mayor Alfaro said that as with all hearings before the Council, the rules of
evidence were informal; however, he asked both parties to refrain from using
irrelevant or redundant testimony.
Mayor Alfaro swore in all witnesses: Vivian Lawson, Debbie Barnes, and
Monte Mercer.
Mayor Alfaro said that each side would be allowed three minutes to
present an opening statement beginning with Ms. Lawson.
Ms. Lawson said that she had moved in with a relative because she could
not afford to maintain her home. She said she was trying to board up the
property and looking for help in rehabilitating the house.
The City Manager stated that the initial investigation of the property began
on March 2 at the request of neighbors. He said that Demolition Inspector
Debbie Barnes found numerous code violations and determined the house was
unfit for human habitation. The owner was notified of the code violations and
instructed to secure the house within thirty days. After thirty days, on May 3, the
inspector asked the Urban Rehabilitation Standards Review Board (URSR) to
review the case and since the house appeared to be structurally sound and
repairable, asked the Board to issue an order to secure the house. The owner
did not attend the May 3 meeting and the Board issued an order to demolish the
house. However, because the agenda item did not include the words, "Discuss
and consider action" to demolish, the item was placed on the agenda for June 7.
The owner was notified of the June 7 meeting, and she did not attend. At the
June 7 meeting, the Board again voted to issue an order to demolish the house.
990708 -5
Minutes of the Special Session — July 8,1999
In accordance with procedures, Mayor Alfaro allowed each party to call
witnesses and cross - examine witnesses.
City Inspector Debbie Barnes testified that the investigation began on
March 2. On March 3 a letter was sent to the owners, Mr. and Mrs. Lawson,
notifying them of the code violations. She said that the while the notice was sent
out in March, the return receipt was returned on April 21 and had been held by
the post office. On April 19 Ms. Barnes spoke to Mrs. Lawson by telephone and
advised her to secure the property. On April 22, a notice of violation was mailed
to the owners and posted on the house advising of the URSR Board meeting on
May 3, 1999. On May 3, 1999, the URSR Board issued an order to demolish the
house. On May 17 a notice of violation was mailed to the owners and posted on
the house. On June 7, the URSR Board again voted to demolish the house. On
June 29, the house was re- inspected. The house had been partially boarded up
but not according to code.
Mrs. Lawson said she wanted to continue boarding up the house and try
to get on the list to have it rehabilitated.
Ms. Barnes said the City could have the house boarded up within the next
ten days and that the typical time line from boarding up to demolition would be
six months to a year.
The City Manager said the City takes the least onerous course of action in
order to correct the problem. He said that since the house was structurally
sound, the staff did not think it met all the criteria for demolition; therefore,
boarding up was recommended.
Mayor Alfaro stated that since there was no more testimony to be heard
regarding the appeal of the order of the Urban Rehabilitation Standards Review
Board to demolish the structure located at 1912 California Street, Baytown,
Texas, that closing statements would be heard. He said that each side would be
allowed three minutes to present a closing statement beginning with Ms. Lawson.
Ms. Lawson asked Council to give her a chance to complete boarding up
the house and to attempt to get it rehabilitated.
The City Manager reiterated that it is staff practice to recommend the least
restrictive course in order to resolve the problem. He said that since the house is
structurally sound, the staff recommendation was to secure the structure in
compliance with city code to prevent unauthorized entry. He said that if the
structure continues to deteriorate after boarding up, the inspector can reinspect
and take it back to the Board for further review.
Mayor Alfaro closed the appeal hearing.
990708 -6
Minutes of the Special Session — July 8,1999
Consider Affirming, Reversing, or Modifying the Decision of the Urban
Rehabilitation Standards Review Board Order to Demolish the Structure
Located at 1912 California
Council Member Sheley moved to accept the staff recommendation.
Council Member Almendarez seconded the motion. Council Member
Almendarez emphasized to Ms. Lawson that she needed to board up the house
properly and maintain the yard and home as though she were living there. The
vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
Adjourn
As there was no further business to be transacted, the meeting was
adjourned.
Eileen P. Hall, City Clerk