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1980 12 11 CC Minutes01211 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 11, 1980 The City Council of the City of Baytown, Texas, met in regular session on Thursday, December 11, 1980, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following members in attendance: Fred T. Philips Jimmy Johnson Perry M. Simmons *Mary E. Wilbanks Eileen Caffey * *Allen Cannon Emmett 0. Hutto Fritz Lanham Dan Savage Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was called to order, Mayor Hutto announced a quorum to be present, and the invocation was offered by Councilman Simmons. Minutes Councilman Philips moved for the approval of the minutes for the meeting held November 24, 1980; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons and Caffey Mayor Hutto Nays: None *Mary E. Wilbanks present. * *Allen Cannon present. Hear Report of Baytown Housing Finance Corporation Mr. Bill Eiland, representative of the Baytown Housing Finance Corporation reported to Council that the Housing Finance Corporation is planning a bond sale for the amount of $20,000,000 to provide loan money toward purchase of single family residences in Baytown. Recently, the Housing Finance Corporation pulled its bond sale from the market because they felt that the bond sale could not be arranged prior to the close of the year. The Baytown Finance Corpo- ration feels that its bond sale will be successful and that this money will be available toward the purchase of single family residences in Baytown just after the first of the year. To qualify for this money the combined salary must not exceed $33,000 and the purchase price must not exceed $70,000. This bond sale will be based on a seven -year mortgage with 30 year amortization with guaranteed refi- nancing at whatever the market rate may be at the end of seven years. The mortgage rate on this money will be eleven (11 %) percent. There are eleven lending institutions which have indicated an interest in this program. This sale must be transacted and the money must be in the trustee bank prior to January 1, 1981. 01211 -2 Minutes of the Regular Meeting - Deceber 11, 1980 Probably, this will be the last time that a single family mortgage program will be offered because of legis- lation. There is a potential chance that the Baytown Housing Finance Corporation will have the opportunity to finance apartment complexes inside the city limits. At a later date more information will be provided in this regard. Receive Petitions The Administration had received no petitions and there were no persons present with a signed petition; however, Mr. David Amad requested to be recognized to seek Council's consideration of a problem concerning his business on Bayway Drive formerly operated as Aroma Cafeteria. Mr. Amad is presently reconstructing this establishment after a fire on the premises and would like to open a bar -be -cue, with live country western entertainment and a dance area. Mr. Amad stated that plans were prepared and submitted to the inspec- tion department which plans were approved. In order to open this type establishment, a liquor license was also required. Therefore, he applied for a liquor license. The current status of that application being that in order for the application to be released certain inspections must be made and approved. Inspections have been made. Currently, the inspectors are requiring a small amount of work to meet health standards, a buffer fence to meet requirements of the building provisions and enlargement of a 32 -inch door to a 36 -inch door for fire protection. Mr. Amad can readily comply with the requirements of the health department; however, to widen the door is a major undertaking. Mr. Amad felt that a buffer fence would really not be necessary due to the fact that he owns the property next to this property and there is a mound of dirt piled there that is about 10 feet high. Mr. Amad felt that he should have been notified of these requirements sooner. He stated he had no object- ions to complying with the requirements, but would like to be allowed to sign affidavits and be given a respectable period of time to comply. Because of what appeared to be discrepancies, Council felt that the Administration should establish a procedure whereby written instructions would be given to the indi- vidual presenting plans so there would be no question what the requirements are. Also, Council felt that there should be a moratorium on the time in which the city could go back and require additional work. Council felt that Mr. Amad should meet the city stan- dards, but indicated that he could be given an extended period to comply and left that to the Administration to handle. Council stated that the Administration might want to research whether a 36 inch door is required since Mr. Amad had commented that he felt the code provided a 30 inch door. Mr. Amad would have the right to appeal the buffer fencing requirements to Council and the door requirement to the Board of Adjustment and Appeals. Hold Public Hearing to Consider Ratemaking and Service Standards for Entex, Inc. and Houston Lighting and Power Company (7:00 .m.) Mayor Hutto called to order the public hearing con- cerning the ratemaking and service standards for the gas and electric utilities as required by Public Utility Regulatory Policies Act of 1978. He advised those in attendance that a list had been provided in the lobby to register to speak during this hearing. 01211 -3 Minutes of the Regular Meeting - December 11, 1980 Randy Strong, City Attorney, explained that the Public Utility Regulatory Policies Act requires City Council to hold hearings on the various recommended standards as to service and ratemaking for gas and electric utilities. These standards are outlined in the act and Council is free to either adopt these standards as policy for the utilities or to reject them. The City Attorney recommended that if Council opts to reject the recommended standards under PURPA, that alternative standards be established. This would give some guideline to the companies. In making a determination, Council should consider the three objectives of PURPA: (1) conservation of energy; (2) the efficient use of energy facilities and resources; and (3) the establishment of utility rates that are equitable for consumers. Final determination of Council should be based on the evidence presented at the hearing and must contain the specific findings of Council. Mayor Hutto swore Messrs. DeSalme, Chandler and Schaefer, representatives of the gas and electric utilities. Dick DeSalme, representative of Entex, Inc. and Jim Schaefer, representative of Houston, Lighting and Power Company, both presented testimony which is on file in the City Clerk's office and both requested that Council adopt the rules and regulations already in effect in the State of Texas. In the gas company's case, those rules and regulations promulgated by the Texas Railroad Commission and in the case of HL &P, the Public Utility Commission of Texas. There being no further information to be presented, Mayor Hutto declared the hearing to be closed. Fritz Lanham, City Manager, stated that an item would be placed on a future agenda for Council to consider action on this matter. City Manager's Report Intergovernmental Personnel Act Grant - Notification has been received from the Texas Department of Community Affairs that the City of Baytown's application for $13,713 Intergovernmental Personnel Act Grant has been approved. These funds were requested primarily to be used to conduct seminars for training of city personnel. City personnel - The Administration is pleased with the safety record of city employees for the nine -month period ending in September. The National average for cities of Baytown's size is 7.52 frequency rate involving loss time accidents; Baytown's frequency rate for the past nine months was 6.41. For the first time in several years, Baytown is below the national average. Clean City Commission has reported regarding the fall trash transfer day. The commission is very pleased with °^ citizens participation and cooperation in that effort. The commission plans to continue to do this twice a year - -once in the fall and in April on Keep America Beautiful Day. Bond program - The staff was asked to submit reports regarding capital improvement needs for the next five years. A summary of those reports has been developed which represents a total of approximately $40,000,000. A city the size of Baytown would have difficulty issuing $40,000,000 in bonds; 01211 -4 Minutes of the Regular Meeting - December 11, 1980 therefore, based on the priorities that the department heads placed on the needs, two lists have been developed - -high priority needs, totaling $21,494,000 and other capital improvements with lower priority or that might be constructed by other governmental units. The City Manager suggested that Council consider appointment of a citizens' committee to give detailed study to the information that the department heads have prepared, possibly early in 1981. Council decided to have a work session prior to next Council meeting, January 8, at 5:30 to discuss organization and appointment of a citizens committee. Councilman Philips indicated that he would like to receive a copy of the information that had been complied by the Administration relating to the proposed bond program. Included in the Council packet for this Council meeting was a copy of the report from Public Works regarding solid waste disposal alternatives. Recently, there has been a series of articles in the Baytown Sun in this regard. This is something that the Administration will continue to work on and bring to Council what the long -term plans should be because of the several months lead time needed. Councilman Philips commented that the city needs to be driving toward a solution that will put the City of Baytown in control of its own destiny. There are many options that would allow the city to become entangled and place its fate in the hands of others. There are opportunities here that will require the city to exert initiative. Mr. Lanham solicited other questions or comments from Council because the Administration will be talking with the Gulf Coast Waste Disposal Authority within the next few days concerning their plans. The Texas Department of Highways and Public Transpor- tation's contractor on traffic signal control improvements at seven intersections has begun work. These intersections are Pruett at William and the others are at streets that intersect Main- -Bob Smith, Midway, Harold, Cedar Bayou, Morrell, Park, Hinds and James. These will be intercon- nected when finally installed. East District Sanitary Sewer Improvements - All of the 8 inch gravity line on Savell has been installed and the pavement repair has been completed; 2,000 feet of 15 -inch gravity line on Baker Road has been installed; 400 feet of the 10 -inch PVC line on Tumbleweed has been installed and the 21 -inch force main has been laid along Raccoon Drive from Lancelot to Stephen F. Austin School and on over to Highway 146 and south along Highway 146 to Ferry Road. The contractor is continuing the work on the lift station located in Jenkins Park. Drainage - Azalea Drive is about 40% complete; the East Ward /Kilgore Road project is about 25% complete. Revenue Sharing - No word has been received with regard to action of Congress on revenue sharing. If Congress does not take action before adjournment reauthorizing the legislation, there is a possibility that there would be a continuing resolution adopted that would enable the city to receive an allocation in January. 01211 -5 Minutes of the Regular Meeting - December 11, 1980 Second meeting in December - Mr. Lanham informed Council that it would not be necessary for Council to hold another meeting in December unless the Baytown Area Water Authority plant and lines become operable. In that case, it will be necessary to hold a special meeting to consider a rate increase for the sale of water. In response to a question from Councilman Johnson, Mr. Lanham stated that the line along Garth Road that had been discussed at the last Council meeting could not be tested until the BAWA line is operable. Questions and Comments Concerning City Manager's Report Councilman Cannon stated that he continually receives complaints concerning traffic problems for Decker at Baker. Inbound traffic turning east onto Baker and west bound traffic turning south onto Decker traveling toward Baytown have difficulties with turning. Councilman Cannon requested that either the city staff study this situation or that the staff request that the state study the problem. Also, there is a conflict at the intersection of Park Street at Pruett which is a channelization problem. Consider exempting portion of business at 2507 Massey Tompkins Road from buffer fencing requirements Mrs. A. R. Mullins, owner of the establishment at 2507 Massey Tompkins Road, presented Council with a petition at the last Council meeting requesting exemption from the buffer fencing requirements for the front portion of this business. The Administration had no objection to the Council waiving the buffer fencing requirements in this particular case. Councilman Johnson moved to waive the buffer fencing requirements for the front portion of the business at 2507 Massey Tompkins Road; Councilman Cannon seconded the motion. Councilman Cannon clarified that the owners did agree to install the buffer fence should the neighbors later complain. Councilman Johnson stated that that is what the petition stated. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Mayor Hutto called a recess when the meeting recon- vened, the following business was transacted: * *Allen Cannon not present. Rex Whitten will appear to appeal decision of Mobile Home Review Board Mr. Whitten was not present. 01211 -6 Minutes of the Regular Meeting - December 11, 1980 Consider Proposed Ordinance, amending Section 27 -74, Street Lights, of the Subdivision regulations The Administration had prepared four options for Council consideration as follows: (1) requires the installation of street lights in subdivision using ornamental standards and sodium vapor lamps and as part of this, the developer pays the construction cost to Houston Lighting & Power and a sum to the city equal to three years operating costs; (2) requires the installation of sodium vapor lights and as part of this option the developer pays the installation costs, but the city pays the operation cost from the very beginning; (3) is the same as Option 1 with the exception - -the developer has a choice of installing either low pressure mercury vapor or sodium vapor lights. The developer would pay the installation costs and pay a sum equal to three years operating cost to the city; (4) the developer has a choice of either mercury vapor or sodium vapor with the developer paying only the installation costs. Dan Savage, Assistant City Manager, had developed costs figures which he reviewed with Council. Council inquired what the change over factor would be from mercury vapor to sodium vapor? Jim Schaefer, District Manager for HL &P, explained that the mercury vapor lights will gradually be phased out just as incandescent lighting was phased out. In the existing ordinance, the developer is required to pay a charge of $150 for each light which none of the above options correspond to the present policy because that is a five year calculation. In the past there has been no instal- lation charge to the city or the developer, but that has changed recently. Councilman Philips stated that he felt that the option where the developer pays for the installation of the fixture and the city pays for the operational costs would be in keeping with what is happening in other areas. In response to a question from Council, Mr. Lanham stated that since the cost of installation is the same for mercury vapor and high pressure sodium vapor lights, if the city is to pay the total cost of operation, the Administra- tion would recommend that the developer have no choice as to what type lights should be installed. In response to Council, Mr. Lanham explained that the general guidelines in the use of sodium vapor lights will be that those lights will be installed at intersections and curves, but there are no hard fast rules. Probably, by the use of sodium vapor lights, the number of lights in a subdi- vision could be reduced by one - third. There is a provision in the ordinance to provide appeal to City Council if the developer feels that he is being requested to install too many lights. Councilman Philips moved to adopt Ordinance 01211 -1c, which provides for installation of high pressure sodium vapor lights, with the cost of installation to be borne by the developer and the cost of operating to be borne by the city. Councilwoman Caffey seconded the motion. Jim Schaefer pointed out that at times individual requests are made for street lights because of dark areas and since the proposed ordinance provides for high pressure sodium vapor, a citizen could request a light, pay the cost and have one high pressure vapor light surrounded by mercury vapor. 01211 -7 Minutes of the Regular Meeting - December 11, 1980 The Administration felt that at the cost of instal- lation, there probably would be few requests. Also, the Administration felt that approval of additional street lights should not be automatic. The vote follows: Ayes: Council members Philips, Simmons and Caffey Mayor Hutto Nays: Council members Wilbanks and Johnson Councilwoman Wilbanks requested that the Administration study the possibility of phasing out some of the lighting in the city to compensate for the larger light bill. ORDINANCE NO. 3043 AN ORDINANCE AMENDING CHAPTER 27, "SUBDIVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN BY AMENDING THE REQUIRE- MENTS FOR STREET LIGHTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance, first reading on proposed annexation of Willow Creek Shopping Center City Council held a public hearing on the proposed an- nexation of Willow Creek Shopping Center with no opposition being expressed. The proposed ordinance will annex this area on first reading. The Administration recommended approval. Councilman Simmons moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 3044 AN ORDINANCE PROVIDING FOR THE LIMITS OF THE CITY OF BAYTOWN, CERTAIN PROPERTY LOCATED NORTH OF GARTH AND BAKER ROADS WHICH TO AND ADJOINS THE PRESENT BOU: BAYTOWN, TEXAS. EXTENSION OF CERTAIN BOUNDARY TEXAS, AND THE ANNEXATION OF AND WEST OF THE INTERSECTION SAID TERRITORY LIES ADJACENT 0ARY LIMITS OF THE CITY OF Consider Proposed Ordinance, amending the life insurance program provided under the Texas Municipal League Group Insurance Program Life insurance for city employees was discussed at a previous meeting and Council requested that the Administra- tion gather additional information. The original recom- mendation was for insurance coverage that would have estab- lished a limit of $2,500 coverage for retired personnel. Currently, there is $3,000 coverage for retirees. It was Council's feeling that the Administration should try to develop a plan that would not penalize retirees. When bids were taken on the city's group insurance policy in September, the contract was awarded to Texas Municipal League's Insurance Trust Fund. At that time, the Texas Municipal League Plan provided for a life insurance policy that would provide coverage up to $25,000 or full salary whichever was less. There was no full salary option; 01211 -8 Minutes of the Regular Meeting - December 11, 1980 therefore, the Administration looked at the Texas Municipal Retirement System program. That particular program's life insurance coverage was based on full salary, but there was the problem in terms of reduction in benefits for retirees. Since that time, Texas Municipal League has added additional options. One of the options now available is full salary up to $100,000. What the Administration is proposing is that the present insurance program with Texas Municipal League be amended to provide life insurance up to the next lowest $1,000 of full salary. In other words if someone would be making $16,500, coverage would be $16,000. Cost for this insurance would be the same as the cost for insurance on a unit of $1,000 each which is $ .39 per thousand. The additional cost for the remaining nine months of the city's fiscal year is $21,158.28. The Administration recommended approval of the Texas Municipal League proposal which would provide full salary insurance for active employees, as well as $3,000 for retirees. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 3045 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO REQUEST AN AMENDMENT TO THE CITY OF BAYTOWN LIFE INSURANCE POLICY TO PROVIDE FOR ADDITIONAL INSURANCE FOR EMPLOYEES; PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, amending Chapter 21 of the Code of Ordinances to provide regulations for purchase of used jewelry other than by pawnbrokers The increase in the price of gold, silver and precious metals has, in part, resulted in an increase in house burglaries and robberies, and at the same time, more and more persons are becoming involved in the business of purchasing used jewelry, gold and silver. Some of these businesses are permanent business, while others are tem- porary. This has made it difficult for law enforcement agencies to recover stolen goods. A number of cities have adopted an ordinance similar to the proposed ordinance. Presently, state law requires pawnbrokers to keep records of persons who have pawned items. This ordinance would establish a procedure similar to that required of pawnbrokers for others who are in the business of buying used jewelry, money, silverware, precious metals, semi - precious stones, etc. The Administration feels that such an ordinance would assist to the police department and recommended approval of the ordinance. Mayor Hutto recognized Tracey Wheeler, Executive Vice - President of the Chamber of Commerce, who requested on behalf of the Executive Committee of the Chamber that City Council allow time for the chamber to review the ordinance in more detail. 01211 -9 Minutes of the Regular Meeting - December 11, 1980 Willard Myers, owner of Wills Pawn Shop, stated that anyone who was in the business of buying precious metals and stones should have no objection to complying with this ordinance. Presently, pawnbrokers must comply and the Texas Pawnbrokers Association has been supporting this type ordinance in large metropolitan areas throughout the state. He felt that one paragraph should be added to the proposed ordinance which would be protection for the buyer where the seller signs a warranty which states that the seller has a right or authority to sell the property. There is also an agreement among pawnbrokers that any merchandise pawned will be held for seven (7) days. Councilwoman Wilbanks stated that Mr. Myers had made some valid suggestions and requested that the Administration get copies of the ordinance which Mr. Myers was referring to for Council review in January. Councilman Philips stated that he favored getting on with the adoption of the ordinance because of the law enforcement aspects of the ordinance. If coin dealers need to be eliminated from the ordinance, certainly that could be a consideration. Mr. Lanham pointed out that some of the people in this business now require information concerning the seller. Mayor Hutto recognized Jerry Don Smith, owner of Baytown Gold and Silver Investments, who stated that he deals with items that are very vulnerable price -wise because the price of gold and silver fluctuates continuously. To hold the merchandise for 30 days would be crucial. Mr. Smith concluded his presentation by stating he was not opposed to the proposed ordinance; however, he did not feel that the ordinance would help. Buddy Curry, also a dealer in precious metals and stones expressed his objections to the restrictions set forth in the ordinance. He felt the ordinance would only produce alot of unnecessary book work. Councilman Perry Simmons stated that he would favor placing restrictions upon temporary dealers, along with a substantial permit fee; however, he would not favor placing those type restrictions on permanent businesses. Mayor Hutto stated that Council could adopt the pro- posed ordinance, or take no action and request that the Administration place this item on the next agenda. No motion was made to the contrary. Therefore, Mayor Hutto stated that the item would be placed on the next agenda. Consider Proposed Ordinance, to provide regulations for drainage of commercial developments Council has passed several ordinances implementing the recommendations of the Baytown Drainage Study Committee which this ordinance will also implement one of those recommendations. The proposed ordinance has to do with drainage requirements for certain non - residential devel- opments. The Administration recommended approval. Norman Dykes, Director of Public Works, explained that the ordinance would require any tract one acre or more in size that is either paved or under roof to meet the same requirements of the subdivision ordinance regarding the 100 year flood event. 01211 -10 Minutes of the Regular Meeting - December 11, 1980 Mr. Lanham explained that this ordinance would be enforced by withholding of the building permit if the con- struction is to be within the city limits and if outside the city limits, no water or sewer service would be provided until compliance with the ordinance. In response to a question from Council, Mr. Dykes stated that he felt that the ordinance is an enforceable, feasible ordinance. The staff had visited with Harris County Flood Control and they have similar thoughts. There are several methods by which the provisions of the ordinance may be accomplished -- ditching, detention on the parking lot or underground storage in the pipe system itself. Mayor Hutto recognized Tracey Wheeler who requested on behalf of the Chamber of Commerce that Council withhold action on this item to allow time for study of the ordinance because the ordinance does involve commercial building and could well involve future growth. Mayor Hutto recognized Dennis Caputo, Vice President of the Country Club Civic Association and member of the Baytown Drainage Study Committee. Mr. Caputo encouraged Council to act on the proposed ordinance since ample notice had been given the public concerning the committee and its work in the Baytown Sun and Houston papers. He emphasized that the flooding protection needed need not be expensive to the non- residential developers. Equipment needed to develop storm water retention systems will already be in place and such areas as parking lots can be converted into storm water retention basins at little or no cost to the developer. All of these factors were considered by the study group in making its recommendations. The committee also gave very serious consideration to the small developer and recognized the fact that there could not be imposed on him a significant financial burden. As a result, the committee decided to recommend that City Council exempt small developments which would not pave or roof over more than one acre of land. The ordinance will provide the tools to protect the community at little cost to the non - residential developers. Mr. Caputo urged City Council to act to provide the citizens with the assurance of flood control for the new year and urged that Council take action. Councilwoman Wilbanks stated that she felt the ordinance is working on the same premise that the Committee had addressed throughout its efforts to deal with the level of streams or creeks that are associated with the 100 -year rainfall event. Since the community is put together in such a manner that there is residential development, next to industrial development, next to commercial development, it was not an effort to single out commercial in addressing this. The committee simply felt that since this was a different construction nature, it should be in a different ordinance, but the water coming down will affect people residing along the streams and bayous in the same manner whether it comes from a large parking lot or from a large subdivision. The premise is therefore the same. Mr. Lanham explained that time is important because there is development in progress all the time. Many developers have cooperated and have taken steps to comply with the spirit of the ordinance, but it is a void in attempting to deal with the drainage problem. Mayor Hutto stated that he was in total agreement with the ordinance, but he would like to give those who wished time to review the ordinance, time to do so. 01211 -11 Minutes of the Regular Meeting - December 11, 1980 Councilman Philips stated that the other thought is that these ordinances can be altered; therefore, if there is a problem with interpretation, there may be necessity for amendment. For that reason, he could see no reason to delay adoption of the ordinance. He felt that the objectives that have been prevalent all along are the principles that must be placed into effect. Growth in the city instead of being inhibited will be promoted. If there is a city flooding itself, that would be a very good reason for a businessman to decide to establish elsewhere. Councilwoman Wilbanks expressed the feeling that because of all the work that has already gone into this- - several months of meetings, and a public hearing, she felt that Council should act on this matter. Councilwoman Caffey felt that all aspects of development should be included in the drainage regulations of the city. Councilwoman Caffey moved for the adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Caffey Nays: None Abstained: Mayor Hutto ORDINANCE NO. 3046 AN ORDINANCE PROVIDING FOR DRAINAGE REQUIREMENTS FOR CERTAIN NONRESIDENTIAL DEVELOPMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, awarding bid for purchase of 1/2 ton pickup trucks Two bids were received, but The Administration will need to and readvertise for bids. Bids and Datsun. neither met specifications. rewrite the specifications were received from Toyota Consider Proposed Ordinance, amending subdivision regulations to allow use of concrete bricks in construction of manholes The proposed ordinance would amend the engineering standards in the subdivision regulations to permit the use of concrete bricks. At the present time clay bricks are required or poured in place concrete. Concrete bricks are allowed in the City of Houston, as well as other cities. The Administration is recommending that Baytown also allow the use of concrete bricks for manholes in the storm sewer system only. There have been times when clay brick has been scarce. Many of the contractors who work in this area because of their work in Houston, will have delivered to the construction site concrete bricks which is a delay factor. Councilman Philips moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None 01211 -12 Minutes of the Regular Meeting - December 11, 1980 ORDINANCE NO. 3047 AN ORDINANCE AMENDING CHAPTER 27 "SUBDIVISIONS" SUBSECTION 27 -72 (b)(1) OF THE CODE OF ORDINANCES TO PROVIDE FOR THE USE OF CONCRETE BRICK FOR MANHOLES; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, approving change order to contract with Eddie Marroquin for rehabilitation of house at 1207 Carver under Community Development Housing Rehabilition Program Council awarded the contract to Mr. Marroquin for this rehabilitation project. He has not begun rehabilitation of the structure yet, but since the award of the contract, the Administration has discovered that the electrical wiring is badly deteriorated. In fact, electrical service is no longer available to the residence. This is a situation that the Administration became aware of and would like to effect a change order to the contract for the amount of $1,054.25. The Administration recommended approval of the ordinance. Councilman Simmons moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 3048 AN ORDINANCE APPROVING A CHANGE ORDER WITH EDDIE MARROQUIN FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 79 -04 -13 IN THE AMOUNT OF ONE THOUSAND FIFTY FOUR & 25/100 ($1,054.25) DOLLARS. Consider Proposed Ordinance, awarding bid for purchase of police vehicles Four bids were received for purchase of fourteen police vehicles and one vehicle for the fire department. The low bid that meets specifications on the police vehicles is River Oaks Chrysler for the Plymouth Grand Fury. The total bid amount is $114,264.22. Baytown Motors is the low bidder that meets specifications on the fire vehicle for the amount, $8,104.00. The Administration recommended awarding the bid in each case to the low bidder. The bid for the police cars is 20.4 percent above the bid received last year. On the Baytown Motors bid, the engine size did not meet speicfications. The manufacturers are not producing police vehicles as they did in the past. Councilman Philips moved for adoption of the ordinance; Councilman Johnson seconded the motion. Council was concerned that the only qualified bidders were out of the city, but the Administration explained that this was the second time that bids for this purchase have been advertise. The first time the Administration mailed only to local dealers and no bids were received. The vote follows: 01211 -13 Minutes of the Regular Meeting - December 11, 1980 Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 3049 AN ORDINANCE APPROVING THE PURCHASE OF POLICE VEHICLES BY ACCEPTING THE BID OF RIVER OAKS CHRYSLER PLYMOUTH FOR ITEM I OF THE CITY OF BAYTOWN, BID NO. 8012 -25; AND APPROVING THE PURCHASE OF FIRE VEHICLES BY ACCEPTING THE BID OF BAYTOWN MOTORS FOR ITEM NO. II OF THE CITY OF BAYTOWN, BID NO. 8012 -25; AUTHORIZING PAYMENT BY THE CITY FOR EACH ITEM AS SET OUT BELOW. See attachment "A" for tabulation. Consider plans and specifications for West District Sewer System Application for grant for sewer system improvements in the West District has been submitted and the Administration expects to receive authorization from the State and the EPA within the next few days to advertise for bids for the treatment plant. These plans have been discussed with Council. However, Council has never formally approved the plans. Council did authorize the Administration to submit said plans to the State. What is needed is formal approval of the plans and authorization to advertise for bids upon notification from the State and EPA. Council has reviewed the entire plan and has approved the size of the plant. The consulting engineers were present to briefly review the plans for Council. There is a set of plans for each contract. The first contract is for the wastewater treatment plant which is a 1.32MGD facility to be located at IH -10 and the roadside park. The estimated construction cost is $3,300,000. If wage determinations are received from the State by the end of this year, this project can be bid by the end of January or the middle of February. The second contract would be for rehabilitation of the sewerage collection system in the West District area which would include sewer line grouting and manhole repair. This contract is approximately $500,000. Since the construction time of the plant is something like 18 months and the other three contracts will only take approximately 7 -9 months each, the engineers anticipate waiting until October or September to bid the remaining three contracts. The third contract is a contract for construction of a sewerage conveyance system which would be the force main that would convey the sewerage from the existing Lakewood Plant to the new plant site and also the effluent force main that would pump the effluent from the new plant to the San Jacinto River. This contract would be approximately $1,200,000. The fourth contract would be the remainder of the rehabilitation work for the West Sewer District collection system which would involve sewer line sliplining and point repair. This would be a $1,300,000 contract. 01211 -14 Minutes of the Regular Meeting - December 11, 1980 The Administration recommended approval of the plans and requested authorization to advertise for bids upon receipt of the appropriate notification from the State. Councilman Johnson moved to approve the plans and grant authorization to the Administration to advertise for bids upon receipt of the appropriate notification from the State; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None Councilman Philips inquired concerning funding. Mr. Lanham stated there would be no problem if revenue sharing is approved. By the time bids are received, the revenue sharing question will have been resolved. Consider Proposed Resolution, authorizing the Administration to apply for amended Step 2 Grant on West District Sewer System to include the Brownwood Subdivision At the November 24 meeting, Langford Engineering reviewed the options for rehabilitating the sanitary sewer collection system in the Brownwood Subdivision. At that time Council instructed the Administration to place this item on the agenda which would authorize the Administration to apply for Step 2 grant to proceed with plans for these improvements. Estimated cost for the Step 2 work is $298,550.00; the local share is $74,625.00. This work could go forward while other options of dealing with Brownwood are explored, such as offer of the governor to assist, or Council could delay action on this until later. Of course, if the decision is made that the area should be evacuated, if funds are made available to do that, then obviously that would serve no purpose. Mr. Ken Streeter with the firm of Langford Engineering explained that after applying for the grant it would take from 60 -90 days to received notification. He also pointed out that even though the city's application is accepted, the city would not be obligated to accept the grant offer. Councilwoman Wilbanks moved for adoption of the resolu- tion; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None Mayor Hutto recognized Jean Shepherd, President of the Brownwood Civic Association, who resides at 148 Linwood. Mrs. Shepherd inquired as to the status of the various options that had been discussed in the work session with Council concerning the offer from the Governor. She stated that the association would like to see something planned for land use of Brownwood other than for residential purposes. She added that that option had been provided by the State of Texas and the association would appreciate pursuit of that option by Council. Councilwoman Wilbanks explained that she had recently had occasion to speak to representatives in Austin who indicated a desire to continue this option. 01211 -15 Minutes of the Regular Meeting - December 11, 1980 RESOLUTION NO. 754 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED APPLICATION FOR A GRANT UNDER PUBLIC LAW 92 -500 AND SIGN THE ACCEPTANCE OF THE GRANT, WHEN MADE, AND ANY OTHER NECESSARY DOCUMENTS REQUIRED TO COMPLETE THE PROJECT ON BEHALF OF THE CITY OF BAYTOWN. Consent Agenda The consent agenda was considered as set forth in the agenda packet as follows: a. Consider Proposed Ordinance, awarding bid for rehabilitation of house at 1125 Bookertee. On December 11, 1980, three bids were received for the rehabilitation of a residence at 1125 Bookertee. Alfred H. Ford submitted the low bid at a total cost of $6,800. The Administration recommended approval of the proposed ordinance, awarding the bid for rehabili- tation of home at 1125 Bookertee to Alfred H. Ford. b. Consider Proposed Ordinance, awarding bid for rehabilitation of house at 1117 Parkway. On December 11, 1980, two bids were received for the rehabilitation of a house at 1117 Parkway. East Side Construction submitted the low bid at a total cost of $4,145. The Administration recommended approval of the proposed ordinance, awarding the bid for rehabilitation to Eastside Construction. C. Consider Proposed Ordinance, awarding bid for rehabilitation of house at 513 Oak Street. On December 11, 1980, three bids were received for the rehabilitation of a house at 513 Oak Street. The low bid was submitted by Alfred H. Ford at a total cost of $6,000. The Administration recom- mended approval of the proposed ordinance, awarding the bid for the rehabilitation of this house to Alfred H. Ford. d. Consider Proposed Resolution, authorizing transfer of funds from General Fund Contingency Account to Civil Defense budget. Two diesel fuel tanks located in front of City Hall have developed serious leaks and must be replaced. Estimated costs of replacing the tanks with a single 1,000 gallon fiber glass storage tank is $2,620. An additional $1,000 will be needed to provide the necessary diesel fuel. These tanks are used to support the City's Civil Defense operation. Federal regulations require a two week fuel supply to operate the emergency generator. The original tanks were steel tanks. The proposed resolution authorizes the transfer of $3,620 from the General Fund Contingency Account to accounts in the Civil Defense Budget to acquire and install the fuel tanks and obtain the necessary diesel fuel. The Administration recommended approval of the resolution. Councilwoman Wilbanks moved for approval of Consent Agenda Item Nos. a through d; Councilman Johnson seconded the motion. The vote follows: 01211 -16 Minutes of the Regular Meeting - December 11„ 1980 Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None ORDINANCE NO. 3050 AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVELOP- MENT REHABILITATION PROJECT 79 -08 TO ALFRED FORD CONSTRUCTION COMPANY FOR THE SUM SIX THOUSAND EIGHT HUNDRED AND N01100 ($6,800.00) DOLLARS. ORDINANCE NO. 3051 AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVELOP- MENT REHABILITATION PROJECT 79 -04 -15 TO EASTSIDE CONSTRUCTION COMPANY FOR THE SUM FOUR THOUSAND ONE HUNDRED FORTY FIVE AND N01100 ($4,145.00) DOLLARS. ORDINANCE NO. 3052 AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVELOP- MENT REHABILITATION PROJECT 79 -03 -14 TO ALFRED FORD CONSTRUCTION COMPANY FOR THE SUM SIX THOUSAND AND N01100 ($6,000.00) DOLLARS. RESOLUTION NO. 755 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER THREE THOUSAND SIX HUNDRED TWENTY & N01100 ($3,620.00) FROM GENERAL FUND CONTINGENCY ACCOUNT NO. 0101 -12 -0100 TO MOTOR VEHICLES ACCOUNT NO. 0110 -02 -0600, THE SUM OF ONE THOUSAND & N01100 ($1,000.00) AND CAPITAL OUTLAY (OTHER ACCOUNT NO. 0110 -10 -1200 IN THE SUM OF TWO THOUSAND SIX HUNDRED TWENTY & N01100 ($2,620.00). For bid tabulations, see attachment "B ". Consider Proposed Ordinance, awarding bid for purchase of two -door sedans Eight bids were received for the purchase of two -door sedans for the police department for administrative personnel. The low bidder that meets specifications is Bayshore Motors. The City has not used AMC vehicles for several years. The City of Pasadena has assigned one to the crime control unit and it has been difficult to obtain parts for this vehicle. The Administration has spoken with Bayshore Motors and they indicate that they can get parts within a few days from the factory if those parts are not available locally. For the most part, however, those parts are not available locally. Councilman Johnson stated that he had spoken with Chief Wilson of Pasadena who stated that he had had an AMC Concord wrecked since September and he cannot get the necessary part to repair the vehicle. Councilman Johnson had also spoken with the District Attorney's office and they have had all kinds of warranty and parts problems. Mayor Hutto stated that even though these cars will not be for patrol purposes, when they are needed, they should be operational. Mayor Hutto also had checked with an entity that purchases from 500 -550 units per year and asked what experience they had had with this particular auto. That entity solved the problem by simply not asking for bids from that company because of the poor service due to lack of parts. Each entity contacted mentioned that the parts for this automobile are very expensive. iJ 01211 -17 Minutes of the Regular Meeting - December 11, 1980 In response to a question from Council, the City Attorney explained that in order for Council to reject the bid of the apparent low bidder, Council would need to find that this bid is not the lowest and best bid. Councilman Johnson moved based on his conversation with two reputable individuals who have had experience with these type cars that the bid of the AMC Concord is not the lowest and best bid and that the bid of Baytown Motors be accepted. Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None Abstained: Councilman Philips ORDINANCE NO. 3053 AN ORDINANCE APPROVING THE PURCHASE OF TWO -DOOR SEDANS BY ACCEPTING THE BID OF BAYTOWN MOTORS, FOR ITEM I OF THE CITY OF BAYTOWN, BID NO. 8012 -22; AND AUTHORIZING PAYMENT BY THE CITY FOR EACH ITEM AS SET OUT BELOW. For tabulation, see attachement "C ". Consider authorizing purchase of certain equipment for new patrol officers hired after October 1, 1980 Council had discussed during budget work sessions the possibility of the City purchasing police equipment for new officers which would include a weapon, holster, duty belt, handcuff case, handcuffs, baton ring, and speed loader with case. The present policy requires the new officer to purchase his own equipment, but during the budget session Council had discussed the possibility of reimbursing the officer for his expense. In discussing this with the chief of police, it is the Administration's feeling that the better policy would be for the city to purchase the nec- essary equipment, issue the equipment to the officer and when the officer leaves employment or retirees that equip- ment would be returned. The Administration recommended approval of the policy that the city purchase the equipment for new officers hired after October 1, 1980. The officer would have no choice as to the weapon, the weapon would be standard issue. Councilman Philips inquired if later on the officer would be allowed to purchase his own weapon. Chief King was present and stated that the department never had objected as long as the weapon purchased was a 38 special or larger. Councilman Philips moved to adopt the policy as presented; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Caffey Mayor Hutto Nays: None 01211 -18 Minutes of the Regular Meeting - December 11, 1980 Consider priority list for 1981 Street Improvement Program The budget includes $375,000 for street reconstruction. Five or six years ago, the city was expending $500,000 on street reconstruction; therefore taking into account inflation, there is probably not half as much money to spend on recon- struction as there was five years ago. The Administration is proposing to reconstruct some of the streets and overlay others. Streets in various parts of the city have been placed on the proposed list. The Administration requested preliminary approval of the list with the understanding that plans and specifications would be presented to Council prior to request for authorization to advertise for bids. Councilman Johnson moved to approve the proposed list; Councilman Philips seconded the motion. Councilman Philips mentioned that Duke Street should really be overlaid from Stella to West main rather than Riggs to West Main. Mr. Lanham responded that this was an oversight, the street should be overlaid its entire length. A copy of the proposed 1981 Street Improvement Program is attached to the minutes as Attachment "D ". Consider Droposed Baytown Bikeway Plan Copies of the complete Baytown Bikeway Plan, along with a summary was forwarded to Council. Anne Murphy, Transpor- tation Planner, explained that the plan was developed based on a variety of inputs -- Baytown Bicycle Club, the area high schools, a management group from Exxon, a management group from San Jacinto Mall, various literature and plans. The plan itself is a combination of bike streets, bike lanes, and bike paths. A major portion of the bikeway plan is bike streets, that is a definition of bike route simply by signing. Paths and stripping are kept to a minimum. The plan is a three development phase. Phase I is mostly signing with the exception of about five connector gaps between subdivisions which will be the only construction necessary. During the study, streets, street widths, and traffic volume were considered and based on that the plan was developed. Phases II and III are improvements of the comprehensive system. Mayor Hutto inquired why Baker Road was not considered from North Main to Decker inasmuch as there is much activity in that area. Ms. Murphy explained that there was not enough right of way to consider bike paths. Mr. Lanham explained to Council that the priority list regarding a bond issue which he had given Council contained Phase I under high priorities and Phases II and III as lower priorities. This plan is something that a citizens committee could give some consideration. There being no further business to be transacted, the Mayor adjourned the meeting. Eileen P. Hall, City Clerk L! 7 -Y O F t3 AY i �0 W IV TITLE= POLICE UEHICLES B1D TABULATION e r o:.�:� DA -1-E, December 12, 1980 - 9:30 a.m. TEM QTY DESCRIPTION RIVER OAKS CHRYSLER l3AYTOWN MOTORS IN RrC X ND r DcrENO u nr© POLICE VEHICLES per specification I. 14 each Police Vehicles $8,161.7 :t $8,289.0 $8,455.9 $8,590. 9 $114,264.22 $11b,046.00 5118,378.2 $120,266.86 II. 1 each Fire Vehicle 8161,73 ::':$,104.00 8,157.8 8,344.74 TOTAL 5124,425.95 $124,150.00 $126,536.1 $128,611.60 MAKE /MODEL: Plymouth -Grand Fur Pontiac - Catalina Chevrol t - Impala Chevrol t- Impala DELIVERY A.R.O. 60 - 90 days 60 days 120 day 120 day *Does n t meet specifications ::st Item II. Does • meet s ecifications GROSS TOTAL .:� �� LESS DISC. •� • � NET IOTA L P�I_lVFRY �. :... cq tr U cd i� i 7l7L E: Reh:�bi l i t tion�Ho��sin� Proi ects ' BlD� DA7E: neccr�hcr 11 1950 ' CITY OF BAYTOV!/N BID TABULATION (i1-�U55 ! VIA L . LESS DISC. NE7 TO7A L �yE� IV�'RY �� • ............___.. � _.._ ti__ �_..__._... _ .........._.__.,�....._..__,.._ .___�......._ Al£rcd Fl, cord bunco, Inc. )rastside Const. 7EM QTY DESCRlP71ON � uarr EXTENDEO UNIT EXTENDED UNlT X NO D UNIT EXTENDED UNIT EXT ND d RI I Rehabilitation Housing Project 79 -04 -15 lII7 Parkway $4,145 • $5,100 2 Rehabilitation Housing Project 79 -03 -14 • • 513 Oak Street 6,000 $8,000 9,715 3 Rehabilitation Housing Project • 79- 03.08 -•R $x,800 $8,000 $9,275 (i1-�U55 ! VIA L . LESS DISC. NE7 TO7A L �yE� IV�'RY �� • ............___.. � _.._ ti__ �_..__._... _ .........._.__.,�....._..__,.._ .___�......._ GI1 -Y OE BAY10t�IN �� TITLE: 012.22 B1D TABULAT10tU BID• . DATE 1i -2 -8o - 9:�o a.m. TEM QTY DESCRIPTION BAYSHORE MOTORS RNI Xi ND D RIVER OA S CFiRYSLER UNI TEND D BAYTOWN MOTORS UNf NO NDY S ECTOR CHEVRC UNfT ExT NO 0 TWO DOOR SEDANS 1 7 each Police Sedans per specifications $6,77$.73 7;029.76 7;224:5 57,250.0 • 547,451.11 $49,208.32 550,571.50 550,750.00 MAKE � MODEL: AMC Con rd Chrysler LeBaron Pontiac LeMans Chevrol t Malibu - DELIVERY A.R.O. 45 - b0 ays 45 - 60 days 45 days None Gi en U - WHEELBASE: - 108 inch s 10$.7 i ches 108.1 i ches 108.1 i ches i~ U CROSS roTAL LESS DISC. NET 7oTAL DELIVERY ~. Jp *Does nojt meet specifi ations L� �G _. .. -.- _....__�.._..._+r C1'►'Y U1— L��Y f U�vfv T1TLE:� 0 DOOR SEDANS CONT: Bf D TABULATION Q f 0 � e� DATE- TEfV1 QTY DESCRIPTION JOE CAMP lNC. UNIT EXT NO D DUNIT 0 EXTENDED UNfT X NO 0 UNl EXTEND UNl .TWO DOOR SEDANS 1 7 each Police Sedans per specifications 57,291+ -1 57,301. 57,384.2 57,628.8 551,058.98 551,111.06 551,689.68 553,1+01.60 MAKE 6 MODEL: Ford Fairmont Oldsmobile Omega Pontiac LeMans Buick S ylark DELIVERY: 60 days 40 - 60 ays 56 days 60 days WFIEELBASE: 105 inc es 104,9 in hes 108.1 i ches 104.9 i ches GROSS TOTAL �, LESS OfSC. - NET TOTA L 1-1� I� /FF?Y a Reconstruct Overlay Reconstruct Overlay Overlay Overlay Reconstruct Overlay Reconstruct Reconstruct Overlay Overlay Overlay Reconstruct Reconstruct Reconstruct Reconstruct Reconstruct Overlay Reconstruct Attachment "D" STREET IMPROVEMENT PROGRAM 12/9/80 ESTIMATED STREET FROM TO LENGTH WIDTH COST Ashbell Ct. W. Murrill W. Wright 220 36 S 13,200 Bellview End N. Main 970 19 11,264 Church Wooster John Ave. 400 20 13,350 Dailey Lee Dr. N. Pruett 802 38 18,625 Dent End N. Main 980 16 9,582 Duke Riggs W. Main 1,200 20 14,667 E. Fayle Danubina Woodlawn 550 25 22,925 E. Francis Main Dallas 948 20 11,587 E. Francis Dallas Ft. Worth 384 20 12,800 E. Homan Main Houston 428 28 19,973 E. Homan Houston Ft. Worth 1,076 25 16,439 Wright Blvd. Deanne Danubina 1,040 26 16,524 Hwy. Blvd. Lafayette Defee 535 17 5,558 Indiana Oklahoma Louisiana 870 28 40,600 Kansas Florida Mississippi 870 28 40,600 Massey Denby Dailey 755 30 ,37,750 Meador Petterson Hackberry 470 24 18,800 Narcllle E. James E. Wright 550 19 18,350 Northridge End N. Main 960 18 10,560 Weaver End Bayway 1,050 16 35,000 $388,154 12/9/80