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1981 11 24 CC Minutes11124 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 24, 1981 The City Council of the City of Baytown, Texas, met in regular session on Tuesday, November 24, 1981, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Fred T. Philips Jimmy Johnson Perry M. Simmons * *Mary E. Wilbanks Roy L. Fuller Allen Cannon Emmett 0. Hutto Fritz Lanham Larry Patterson Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was called to order with a quorum present and the invocation was offered, afterwhich the following business was transacted: Minutes Councilman Fuller moved for approval of the minutes for the meeting held November 12, 1981; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Wilbanks, Fuller Mayor Hutto Nays: None Receive Petitions None City Manager's Report Philips, Johnson, Simmons, and Cannon Preliminary Engineering Report on Rollingbrook Drive - Council was furnished a copy of the preliminary engineering report on Rollingbrook Drive. An item will be placed on the next regular Council agenda in this regard. Statement of Cost Comparison from Houston Lighting and Power Company - Council was furnished with copies of letters from Mr. Jim Schaefer, District Manager of Houston Lighting and Power Company, setting forth cost comparisons for the billing month of December, 1981. The base rate for December is an increase from the $23.69 base rate charged in October and November because the light company has put into effect, under bond, increased rates as approved by the PUC. 11124 -2 Minutes of the Regular Meeting - November 24, 1981 Representative on Harris County Appraisal District Board - The Administration has received notification from Ms. Anita Rodeheaver, County Clerk, that Mr. Fred Hartman has been appointed to the Harris County Appraisal District Board by a vote of 23 to 1. Letter Expressing Gratitude - In the Council packet was a letter from Mr. Refugio Martinez, Chairman of the Petition Committee which presented petitions several weeks ago. Mr. ?Martinez commended and thanked City Council, City Administration, and the Clean City Commission for the concentrated efforts to cleanup the neighborhoods mentioned in the petitions. Christmas Parade - The Christmas parade will be held on December 1. A member of the staff will be contacting Council to determine which members can participate in the parade. Cedar Bayou Water Tower - The contractor on this project is making repairs and is performing some of the sandblasting work necessary on the tower. Drainage Projects - Singleton Road is fifty -five (55o) percent complete; North Main is forty (40010) percent completed; and West Main is approximately eighty -five (85 %) percent complete. Community Development - The contractor on and Drainage Improvements to Carver Street has approximately eighty -five (85 %) percent of the and approximately ninety -five (95%) percent of distribution system. The contractor plans to for street work on November 30. the Street completed storm sewer the water begin excavation Statement by City Manager Regarding Appearances by !Ms. Hilda Martinez and Ms. Janie Pequeno - Fritz Lanham, City Manager, read a statement which statement is attached to the minutes as Attachment "A ". 'questions and Comments Regarding City Manager's Report In response to a comment from Council, Mr. Lanham explained that the base rate increase is based on the rates that the company has requested and has put into operation under bond. Mr. Lanham also mentioned that one reason the fuel cost is down is over - recovery of $14,000,000 in September. Councilman Cannon stated that the last month he has been looking at fuel costs. In fact, he has been working with Mr. Lanham and Mr. Schaefer to get more data and become educated on some of these things. In that regard Councilman Cannon stated that he has been studying the fuel cost increases very carefully and will be continuing to do so for the next few months. He mentioned that the base cost will not change again until the summer rates become effective unless something changes before the PUC. He indicated the data he has been receiving supports the fuel cost figures. While oil prices are stablizing, natural gas fields are going dry and the company must replace those with higher priced fuel. Councilwoman Wilbanks indicated that possibly Council could cover the matter regarding the news article more extensively under the item on the agenda in that regard. id im 11124 -3 Minutes of the Regular Meeting - November 24, 1981 Ms. Hilda Martinez, Representative of Coalition of Concerned Citizens, Will Appear Ms. Martinez indicated that the group had not expected the response from Mr. Lanham, but the group still felt that Chief Turner should personally extend an apology for the statement in the article which was derogatory toward Mexican women. Secondly, the group requested clarification of the statistics concerning alleged criminal acts committed by Mexican aliens. Ms. Martinez stated that the group is concerned that the statements made by Chief Turner reflect the attitude of the Baytown Police Department toward the Mexican- American Community. Ms. Martinez requested that a committee be appointed to look into the relationship between the Mexican- American Community and the Baytown Police Department. She suggested that the Baytown Police Department, the Coalition of Concerned Citizens and City Council members all be represented on the committee. The goal of the committee would be to foster an improved relationship between the Mexican - American Community and the Baytown Police Department. Ms. Martinez requested that the floor be open to others of the group to speak, but Mayor Hutto stated that according to the rules of procedure he could not allow all persons interested in this one subject to speak. According to the rules of procedure Ms. Martinez was considered the spokes- person for this group. However, there was one other individual who requested to speak. Mayor Hutto recognized Ms. Geraldine Vara. Ms. Vara stated that one of the most important parts of the article included a statement by the Chief of Police which indicated that in Mexico, women who work are considered prostitutes. Ms. Vara stated that Mr. Turner should apologize to all Mexican women for this statement. Ms. Vara also indicated that the group had been present at the last Council meeting and had presented their concerns, but went away feeling that those concerns had been completely ignored. Mayor Hutto explained that the first time that these concerns were expressed to Council was at that Council meeting and that Council had requested that the Administration check into the matter and report back which is what transpired when Mr. Lanham responded by memorandum. He explained that this is usual Council procedure. Council concurred with the suggestion of the City Manager and the group that a committee be formed to study concerns of Coalition of Concerned Citizens. Members of that committee are Ms. Martinez, Ms. Pequeno, and three or four other persons representing the Coalition of Concerned Citizens, Chief Turner, Assistant Chief Henscey, Assistant City Manager Patterson and Councilman Johnson. The committee will meet on December 3 at 4:30 p.m. in the Conference Room of the Baytown City Hall. Councilman Philips stated that his personal feeling about this problem is that in order to get right to the source of the problem if there is anyway that this apology can be made it should be. 11124 -4 Minutes of the Regular Meeting - November 24, 1981 Hold Public Hearing on Initiative Petition to Preserve Library Property (7:00 p.m.) Mayor Hutto introduced before the hearing proceeded a letter from Mr. Victor G. Glass, Jr., Chairman, Baytown Library Board, which indicated that the Library Land Committee, working with First American Bank and Trust of Baytown representatives were unable to arrive at a solution that would be mutually agreeable to the concerned parties. Therefore, the wish of the Baytown Libary Board is that the petition calling for an ordinance that preserves the land in question for library use be adopted. Councilman Philips, as Chairman of the Library Committee appointed by City Council, stated that since the bank has withdrawn its offer completely and the Baytown Library Board has made its decision available to Council, he moved that Council instruct the Administration to prepare the ordinance as proposed by the Initiative Petition to Preserve the Library Property. This action will fulfill the wishes of the majority of Baytown's citizens and will commit Council to adopt the ordinance at its meeting on December 10. Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Wilbanks, Fuller Mayor Hutto Nays: None Philips, Johnson, Simmons, and Cannon Mayor Hutto called the public hearing the Initiative Petition to Preserve Librar Members of the audience were notified that desiring to testify should register on the the hallway. Mayor Hutto administered the present indicating a desire to speak. to order concerning V Property. all persons list provided in oath to all those Mayor Hutto explained that the hearing was being conducted in accordance with Article 10, Section 103 of the City Charter of Baytown for the purpose of receiving evidence and public input concerning the Petition to Preserve Library Property. Final determination will be made at the December 10 meeting, the regular Council meeting. Mayor Hutto requested that each person be brief and stated that a recording would be made of the hearing. Carol Bartz, 4800 Country Club View, stated that she was a member of the Library Board at the time the site was originally purchased in 1976. The board felt then that fortune was indeed smiling on the library. The land was there and the money was available. City Council with keen insight recognized the acquisition as being essential to future library expansion. Today with land prices escalating and fiscal responsibility an absolute necessity the land is more valuable than ever. Philip Dignam, 3105 Illinois Street, stated that commercial and industrial development will make Baytown a great center, but still for progress Baytown must rest on its ideas. Most of those ideas are in books. The library land includes parking area, landscaping, gardens, buildings, but in the end in the buildings are books. There is a ratio of land to books. What we do with land translates into what we do with books. Books are the source of ideas, especially for children. Minutes of the Regular Meeting - November 24, 1981 Ideas for wrestling with unfortunately seem to be Baytown needs ideas. Id, Council to keep the land order that ideas will be in the future. 11124 -5 problems of the past which also the problems of the future. eas in books. Mr. Dignam urged City for the library that now exists, in available to the children of Baytown Martha Mayo, President of Friends of Sterling Municipal Library, stated that this group has 406 members who actively support the public library. One of the purposes stated in the group's constitution is to work toward enrichment of library services and to support the total library program as set up by the Library Board of Sterling Municipal Library. The group urges the support of the ordinance to preserve library land. The group considers the retention of library land currently owned by the city to be necessary to insure the future growth of the library. Baytown is a dynamic growing city and the group wants the library to be in a position to expand with this growth. Since May, 1977 more than 35,000 individual library cards have been issued. In October, 1981 alone 422 new borrowers joined the library ranks. Although most members of Friends of Sterling Municipal Library joined the organization because of the love of books and reading, the group also supports the library because they feel a strong public library is characteristic of a vital commuity and makes an important contribution to the quality of life. This hearing gives the Friends of the Library an opportunity to thank the City Council for the support it has given the library through the years. The group is aware, because of Council interest and support, Baytown has a library that Baytown can really be proud of. Therefore, the Friends of the Library urge Council support of the ordinance to retain the land for library expansion. Jeanne Morlan, President of the Friends of Texas Libraries and Chairman of the Concerned Citizens to Protect Our Library Land Committee, stated that the intent of the 1976 Baytown Library Board, in recommending purchase of the land in question with existing library bond money, was clear and documented. The Board intended that the land be reserved, until such time as it was needed, for the library's future growth and expansion. This recommendation was an excellent example of advance planning. Since that time, in recent history, the library property has been suggested as a possible site for a bus station in the event of Baytown's approval of the M.T.A. Now, a proposal to purchase the land has been put forth though the property was not up for sale. Although the current Library Board's original recommen- dation to Council was not to sell the land, its representatives to the Council- appointed Study Committee attempted to negotiate in good faith for a square foot by square foot exchange of land parcels, which would benefit both the Library and the bank. A very reasonable proposal, suggested by Mr. Vic Glass, Chairman of the Library Board, was rejected outright. The library belongs to the people of Baytown and, as the city grows, so will demand for increased library resources and for space in which to house them. This land is the only area to which the library can expand. 11124 -6 Minutes of the Regular Meeting - November 24, 1981 Mrs. Morlan pointed out that it was ludicrous that the library's right to the land must be defended every time some private or political body covets the property. To protect the library land for the library, the group urged immediate adoption of the Initiative Petition as an ordinance and Mrs. Morlan thanked Council for the step taken in that direction. Ginnie Ferrano, 4815 Country Club View, President Elect of the League of Women Voters of Baytown, stated that Sterling Municipal Library is an asset to the City of Baytown in meeting the diversified needs of this large community. The League has been a long -time supporter of the library's continuing services and goals. The League also recognizes the rapid growth of this immediate area. Therefore, the League now supports this Initiative Petition to hold on to the library property for the inevitable need of the expansion of the present facility or whatever other purposes deemed necessary. Ms. Ferrano urged Council support of the library as it strives to reach children, students, adults, senior citizens, Lee College, Sterling and Lee High Schools, gifted children, those with learning disabilities or those just looking for a good novel to read. Since there were no other persons present who indicated a desire to speak, Mayor Hutto again announced that the City Council will vote on the proposed ordinance at the City Council meeting on December 10, 1981 at 6:30 p.m. in the Council Chamber of the City Hall. Councilman Simmons thanked all the dedicated citizens who appeared to fight for a cause that they thought was right, but he cited to them that as a Council whenever any issue is presented to the Council, when it involved two parties, Council is bound to listen to both sides and ascertain the facts. He thanked the Council committee that served with the Library Committee and the other party. He stated that there are many single interest groups who appear before Council and Council attempts to weigh the facts and do what is best for Baytown. While each Council member represents a particular district, the entire Council is representative of the entire city's benefit. Mayor Hutto declared the public hearing to be closed. Consider Proposed Ordinance, First Reading on Proposed Annexation of Raven Way and Adjacent Parcels At the last Council meeting, Council had requested that the Administration research the possibility of the City entering into an agreement with owners of property adjacent to Raven Way in which the owners would agree that sometime in the future they would request annexation. At the last meeting, Council had been informed that the large tract of land labeled on the map as Tract No. 3 could be omitted from this annexation and could be annexed in the future whether the owner requested annexation or not. However, the small tracts labeled 1 and 2 could not be because they do not meet the requirments of 500 feet in all directions. The Legal Department has researched the question of whether an agreement with the present owners of the adjacent land would be binding on future owners. The opinion stated that the City should avoid entry into such an agreement for two reasons. First, the agreement would be with the present landowners and if this land were sold, the new owners would not be bound by that contract, thus the agreement would be 11124 -7 Minutes of the Regular Meeting - November 24, 1981 without enforcibility. Secondly, the annexation statutes as passed by the 67th Legislature indicate that there are only certain methods by which lands shall be annexed and the agreement proposed is not among those and would therefore, be void as in contravention with the law. The Administration recommended that Raven Way, railroad right of way, along with parcels which are labeled 1 and 2 on the map be annexed. Dalton Clanton, Mrs. Havis' son -in -law was present. Air. Clanton, along with members of the Administration and Council tried to determine if there was a possibility that tracks 1 and 2, along with railroad property would equal 500 feet on all sides, but it was determined that this was not the case. Council expressed regret that no solution could be found to the problem. It was determined during the discussion that no plat had been filed by the developers which concerned Council. Council suggested that the developers be contacted to determine if they are still interested in having this property annexed. Councilman Philips moved to adopt the ordinance, including parcels 1, 2, 4 and the railroad right of way as indicated on the map which is Raven Way and the two parcels located on the same side of the railroad tracks as Raven Way. Councilman Philips stated that if the owners of Raven Way could defer annexation of some of that property, an adjustment could be made in the annexation description. Councilman Fuller seconded the motion. Councilman Cannon stated that in the years that he has served on City Council that he has voted for annexation, in particular when requested. However, in this case, he felt to vote for this particular annexation would infringe on some people's rights. He felt the Havis family had just as much right to their request as the developers of Raven Way; therefore, he was unable to support the annexation. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks, and Fuller Mayor Hutto Nays: Council members Johnson and Cannon Councilman Philips stated that perhaps Council should ask the developer to file a plat prior to the next Council meeting to determine what the developer intends to do with this property. If the land is not to be developed for several years, then this annexation is pre- mature. Council- man Philips stated he was announcing in advance that he would not support the annexation on second and final reading unless there is enough evidence presented to Council to persuade him otherwise. Councilman Fuller stated that he felt that Council should really consider the requirement that a plat be filed more strongly. He felt that the developers need to understand that this is a serious matter. * *Councilwoman Wilbanks no longer present. 11124 -8 Minutes of the Regular rZeeting - November 24, 1981 ORDINANCE NO. 3269 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF RAVEN WAY SUBDIVISION AND ADJACENT LAND WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance Suspending Houston Lighting and Power Company's Rate Increase for Thirty Days This matter has been discussed several times and it is necessary to suspend Houston Lighting and Power Company's rate increase in order to forestall an automatic rate increase prior to the hearing which is to be held December 10. The Administration recommended approval of the ordinance. Councilman Simmons moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3270 AN ORDINANCE SUSPENDING THE PROPOSED TARIFF AND SCHEDULE CHANGES OF HOUSTON LIGHTING AND POWER COMPANY. Consider Proposed Ordinance Repealing Chapter 9, "Civil Defense and Disaster Relief," of the Code of Ordinances and Substituting New Provisions The revision of the Civil Defense and Disaster Relief ordinance is necessary for the City of Baytown to be in compliance with State law. The major changes are: (1) The Mayor is to be the leading official in disaster planning and will have the title of Emergency Management and Preparedness Director; (2) The Mayor shall also have the authority to declare an emergency; (3) The City Manager is now the Assistant to the Mayor and the Civil Defense Director is under both these two persons; (4) The City Manager is called the Emergency Management and Preparedness Assistant Director; (5) The Civil Defense Director is called the Emergency Management and Preparedness Coordinator. The Administration recommended approval of the ordinance. There will be no change in the method of operation during emergencies. Councilman Johnson moved for adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Fuller and Cannon Mayor Hutto Nays: None 11124 -9 Minutes of the Regular Meeting - November 24, 1981 ORDINANCE NO. 3271 AN ORDINANCE AMENDING CHAPTER 9, CIVIL DEFENSE & DISASTER RELIEF, BY REPEALING THAT CHAPTER AND BY THE ADOPTION OF A NEW CHAPTER 9; ESTABLISHING A PROGRAM OF COMPREHENSIVE EMERGENCY MANAGEMENT & PREPAREDNESS WHICH INCLUDES THE MITIGATION, PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF CIVIL PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT & PREPAREDNESS DIRECTOR; AUTHORIZING THE CITY MANAGER TO ACT AS THE ASSISTANT MANAGEMENT & PREPAREDNESS DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT & PREPAREDNESS COORDINATOR; AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF BAYTOWN; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL -CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED TWO HUNDRED & N01100 ($200.00) DOLLARS. Consider Proposed Ordinance Awarding Contract for West District Sewer Rehabilitation Protect -- Contract No. 2 Six bids were received for Rehabilitation of West District Sewage Collection System, Sewer Line Grouting and Manhold Repair, Contract No. 2. The bids in order from low to high with the total amount of each base bid and supplemen- tary items, with the predetermined calendar days are as follows: CALENDAR BIDDER AMOUNT DUE DAYS Naylor Industries, Inc. Pasadena, Tx. $ 307,209.30 200 McCullough Asso. Inc. Houston, Tx. $ 329,177.00 200 Worthen Const. Co. Houston, Tx. $ 341,093.00 200 Hycon Const. System, Inc. Hitchcock, Tx. $ 421,200.70 200 Mar -Len, Inc. Beaumont, Tx. $ 496,784.50 200 Walglen Const. Co., Inc. Houston, Tx. $ 638,382.42 200 The low bidder is Naylor Industries, Inc. for the amount of $307,209.30. Naylor Industries has performed work for the City of Baytown on a number of projects and their work has always been satisfactory. The ordinance awarding the contract is contingent upon Environmental Protection Agency approval. The Administration recommended approval of the ordinance. The bid is below the engineers' estimate which was $530,000. 11124 -10 Minutes of the Regular Meeting - November 24, 1981 In response to an inquiry from Council, Ken Streeter, representative of the Consulting Engineers on the project, Langford Engineering, Inc., explained that this particular type contract is a little different than say a sewer line contract even though it is a unit price contract. The contractor will be going in to grout and rehabilitate an old sewer system. The records used to prepare the plans and specifications were televised records made of the system approximately 3 years ago. Therefore, the engineers are aware that there has been some additional deterioration which means that these estimates will not be the final quantities. The major portion of the contract will be grouting. There will be an inspector who will be responsible to determine whether a joint is to be grouted, if a point repair will be necessary, or if some other action is required. That inspector will also make daily reports of all work performed. After the work has begun a determination will be made on whether sliplining is necessary. If sliplining is necessary, that will be done in the future rather than making repairs now. The bidders are aware of this. The very first thing that will be done is that all the lines will be retelevised and at that time, a determination as to the condition of the lines will be made and what procedure should be utilized. The City Manager will be provided with a monthly report specifying the amount of work performed and the costs. Council requested that Council be given a progress report every two months or quarterly. Mr. Lanham mentioned that the award of the contract is subject to EPA approval and that the project is seventy -five (75%) percent federally funded. Councilman Fuller moved to adopt the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3272 AN ORDINANCE ACCEPTING THE BID OF NAYLOR INDUSTRIES, INC. FOR THE CONSTRUCTION OF WEST DISTRICT SEWER REHABILITATION PROJECT -- CONTRACT NO. 2; AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF THREE HUNDRED SEVEN THOUSAND TWO HUNDRED NINE & 30/100 ($307,209.30) DOLLARS. Consider Proposed Ordinance, Awarding Contract for Water Main on IH -10 North Feeder Road from Thompson Road to Approximately 600 Feet West of Thompson Road Four bids were received for construction of water line parallel to IH -10 from Thompson Road west approximately 650 feet. Bid tabulation follows: Minutes of the Regular Meeting - November 24, 1981 Bidder BRY Plumbing, Inc. R. T. Bishop Construction Company, Inc. SPH Construction Co., Inc. Sabine Consolidate, Inc. 8" Water Line Base Bid $ 18,345.56 $ 18,353.43 $ 22,513.00 $ 23, 729.50 11124 -11 12" Water Line Alternate Bid $ 23,353.71 $ 23,389.56 $ 29,209.00 $ 32,535.50 BRY Plumbing, Inc. is low bidder for the twelve (12 ") inch water line alternate for the amount of $23,353.71. The Administration recommended the bid be awarded to BRY Plumbing. The entire cost of this line is to be borne by the developers. The City Engineer has been in contact with the developers who have agreed to these prices. The contractor will not be given the work order until funds are deposited with the city. In response to Council inquiry, Mr. Bry who was present stated that the company has been established in Baytown for approximately one year. The company has been performing mainly commercial work. Mr. Bry assured Council that the firm was familiar with the soil in the Baytown area and procedures necessary to perform the work required. Councilman Philips moved to adopt the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3273 AN ORDINANCE ACCEPTING THE BID OF BRY PLUMBING, INC. FOR THE IH -10 WEST WATERLINE AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY THREE THOUSAND THREE HUNDRED FIFTY THREE & 71/100 ($23,353.71) DOLLARS. Discussion of Policy Regarding Retainage for Contracts Over $400,000 Mr. Lanham requested that Council indicate their feeling on a matter prior to receipt of bids on another Environmental Protection Agency project. There has been a change in State law which affects retainage on contracts in excess of $400,000. If the city retains more than five (5 %) percent on a contract in excess of $400,000, the city must earmark the retainage, place the retainage in an account which will draw interest and pay the retainage, plus interest to the contractor at the end of the job. Therefore, on future contracts in excess of $400,000, the Administration would need guidance from Council on whether to reduce the retainage to five (5 %) percent or retain ten (10%) percent and place the retainage amount in a special account and pay interest. Council expressed the feeling that it would be to the city's advantage to retain five (5 %) percent which the city can place in an interest bearing account and retain said interest. 11124 -12 Minutes of the Regular Meeting - November 24, 1981 Consider Interim Report by Langford Engineering on Wastewater Master Plan On October 8, 1981, Council authorized Langford Engineering, Inc. to update the city's 1965 Master Sanitary Sewerage Study and also to provide an interim report for cost of expansion of the West District Wastewater Treatment Plant. The report primarily deals with determination of costs to expand the West Sewer District Plant (the plant currently under construction along IH -10) to accommodate additional flows from proposed developments within that sewer district area. The new limits for the West Sewer District may be described in these general terms: The northern boundary is formed by Ellis School Road, Thompson Road and Wallisville Road, to east of Garth Road. The east limit is along the drainage divide from Wallisville Road to Archer Road. The boundary then takes a meandering westerly course, staying north of Crosby Lynchburg Road, to Thompson Road, then a meandering southerly course along Thompson Road, the industrial water supply canal, and the city limits to Scott Bay. The remaining boundary is formed by three bays, the San Jacinto River, Interstate 10, and Crosby Lynchburg Road. The west sewer district consists of approximately 6,291 acres of non - flood prone land. It is this acreage, and not the gross acreage, which is important in the planning of wastewater collection and treatment facilities. Population projections through the year 2,000 have been received from H -GAC for this particular area. A population of 17,579 is being projected for the year 2,000 for this area. That figure is based on past historically growth patterns and does not include developments requesting service or those that indicated the need for service at some future date. The engineers took all of this into account to determine that the additional flow from the proposed developments would be 1.89 million gallons per day. This means that in the future when the sewer district is built to density projected by H -GAC and the proposed developments come into being, a plant capacity of 3.99 million gallons per day will be necessary. That size plant can be constructed at the present site of the West Sewer District Plant. The plant that is being constructed has capacity of 1.32 HGD. When the plant goes on stream, it will be operating at approximately 1 MGD which will provide 320,000 gallons per day surplus capacity. The Thompson Road Utility District is projecting a capacity need of 375,000 gallons per day by 1984. Therefore, by 1984, an expansion will be necessary at this site. The plant was designed to be expanded in phases. The first phase expansion would cost an estimated $2,135,430 which includes construction, contingencies and other expenses such as engineering, administrative and legal fees. Phase 2 will bring the plant to total capacity of 3.99 MGD. Phase 2 will cost approximately $1,963,526. The total cost for both expansions would be $4,098,956 for a total cost per gallon of $1.55. This is what it would cost the city to furnish this capacity. That figure is representative of today's dollars and when looking toward the future, these dollars would need to be inflated. 11124 -13 Minutes of the Regular Meeting - November 24, 1981 In response to an inquiry from Council, Mr. Lanham explained that with this $1.55 figure, the city could enter into a contract with a developer of a utility district. The city would agree to furnish the district with a certain amount of capacity when the district would be fully developed, but the developers would have to put the money up immediately based on the $1.55 figure. The reason the Administration did not include inflation in the amount is that the money the developer puts up front would be invested and hopefully by the time the expansion project is bid, there will be enough money to take care of inflation. The figure would be updated on a yearly basis according to the inflation factor. The Administration will be able to establish the cost to the developer by the developer providing how many single - family residential lots are expected and how many multi- family. Based on that information, the engineers compute required capacity. Councilman Philips pointed out that the City would need some method of protection against the developer stating that single - family dwellings are to be constructed and then later constructing multi - family dwellings. Mr. Lanham responded that that could be handled by contract. He felt that the report would not require Council approval if Council had no objection to the Administration using the $1.55 figure when negotiating with those who inquire about the possibility of sewer service. The actual contracts must be considered by Council. However, the developers do want some idea of costs in order to make the decision whether to enter into contract with the city or attempt to build their own treatment plant. Council expressed no objection. Councilman Philips pointed out that on Table 2 of the report, the consulting engineers had included $52,000 for blower building expansion and he felt that that might be an unnecessary item. Mr. Streeter indicated that the consulting engineers would consider the necessity of that item. Consent Agenda In response to an inquiry from Council regarding the necessity of a 3/4 ton pickup, Chief Turner explained that due to the heavy cage that the truck would be supporting a heavier vehicle was necessary. Council considered the consent agenda as follows: a. Proposed Ordinance No. 11124 -6, will authorize final payment to Jesse Lovelace Construction Company for the East District Trunk Sewer. The original contract amount was $1,538,745.60 with one change order deducting $3,500 and underruns on bid items of $4,152.25, making the final contract amount $1,531,093.35. Previous payments of $1,483,564.03 have been made. The final payment is for the sum of $47,529.32. b. Proposed Ordinance No. 11124 -7, will authorize the final payment to Channel Construction for the emergency sliplining of sanitary sewer on Kilgore Road. The original contract amount was $8,856.25. The project did have an overrun of $2,128.50 due 11124 -14 Minutes of the Regular Meeting - November 24, 1981 to three additional reconnections. Prior payment was $9,886.28. The final payment is for the amount of $1,098.47. All items have been completed by the contractor according to the plans and specifications. We recommend approval of Ordinance No. 11124 -7. C. Proposed Ordinance No. 11124 -8, will authorize Change Order No. 2 to the 1981 Sanitary Sewer Sliplining - Phase III. The addition of another 300 L.F. of 32" liner in the Ferry Road 36" sewer line is recommended due to the low bid received for the 32" line ($50 per L.F.) and this will line most of the remaining sewer line along Ferry Road that is subject to infiltration caused by high tides. This change order would be for $15,000, bringing the total contract amount to $145,510. We recommend approval of Ordinance No. 11124 -8. d. Proposed Ordinance No. 11124 -9, will award the bid of a 3/4 ton pickup for the Humane Department. Three (3) bids were received. San Jacinto Ford of Baytown submitted the low bid of $9,288.05. Pine thousand dollars was budgeted for this item. We recommend the low bidder, San Jacinto Ford, be awarded this contract. e. Proposed Ordinance No. 11124 -10, will award the bid for the purchase of a 1 1/2 ton utility truck for the Public Works Department. Four (4) bids were received. San Jacinto Ford submitted the low bid of $19,270.56. Eighteen thousand dollars was budgeted for the purchase of this item. We recommend the low bidder, San Jacinto Ford, be awarded this contract. f. Proposed Resolution No. 798 will appoint the Assistant City Manager -- Deputy Treasurer of the City of Baytown. Section 77 of the Charter of the City of Baytown provides, "All checks, vouchers or warrants for the withdrawal of money from the city depository shall be signed by the city treasurer, or his deputy, and countersigned by the city manager. In the absence of the city manager, checks may be countersigned by the city clerk." The proposed resolution is necessary to appoint the Assistant City Manager as deputy treasurer. The last resolution specifically appointed Dan Savage, Assistant City Manager, Deputy Treasurer. We recommend approval of Resolution No. 798. Councilman Cannon moved to adopt the Consent Agenda Item Nos. 12a through-12f; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Fuller and Cannon Mayor Hutto Nays: None 11124 -15 Minutes of the Regular Meeting - November 24, 1981 ORDINANCE NO. 3274 AN ORDINANCE APPROVING AND ACCEPTING THE WORK DONE ON THE EAST DISTRICT TRUNK SEWER; FINDING THAT THE WORK IS DONE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID JESSE LOVELACE CONSTRUCTION COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. ORDINANCE NO. 3275 AN ORDINANCE APPROVING AND ACCEPTING THE EMERGENCY SLIP- LINING ON KILGORE ROAD; FINDING THAT THE WORK IS DONE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID CHANNEL CONSTRUCTION COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. ORDINANCE NO. 3276 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT WITH CHANNEL CONSTRUCTION COMPANY FOR THE 1981 SANITARY SEWER SLIPLINING - PHASE III IN THE CITY OF BAYTOWN. ORDINANCE NO. 3277 AN ORDINANCE ACCEPTING THE BID OF SAN JACINTO FORD FOR THE PURCHASE OF A 3/4 TON PICKUP TRUCK AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF NINE THOUSAND TWO HUNDRED EIGHTY EIGHT & 05/100 ($9,288.05) DOLLARS. ORDINANCE NO. 3278 AN ORDINANCE ACCEPTING THE BID OF SAN JACINTO FORD FOR THE PURCHASE OF ONE (1) 1 1/2 TON UTILITY TRUCK AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF NINETEEN THOUSAND TWO HUNDRED SEVENTY & 56/100 ($19,270.56) DOLLARS. PROPOSED RESOLUTION NO. 798 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, REPEALING RESOLUTION NO. 576; APPOINTING THE ASSISTANT CITY MANAGER AS DEPUTY TREASURER AND AUTHORIZING WITHDRAWAL OF FUNDS FROM THE CITY'S DEPOSITORY ON CHECKS SIGNED BY THE TREASURER OR DEPUTY TREASURER AND THE CITY MANAGER OR CITY CLERK. For bid tabulations, see Attachments "B" and "C" respectively. Councilman Philips commented that on the bid for the 3/4 ton pickup truck, there were only three bids received. He pointed out that no company other than Ford had bid the item. He inquired if possibly the city is writing its specifications so that certain bidders are precluded from bidding. Mr. Lanham responded that this was not the case. He also mentioned that the Administration is making an effort to learn the reason more bids are not received. Councilman Philips requested that Council be furnished with which companies are "no bidders." 11124 -16 Minutes of the Regular Meeting - November 24, 1981 Recess and Reconvene Council recessed into executive session to discuss contemplated litigation. When the open meeting reconvened, Mayor Hutto announced that no business had been transacted. Adjourn There being no further business to be transacted, the meeting was adjourned. D, Eileen P. Hall, City Clerk K Ma Attachment "A" M E M O R A N D U M TO: City Council FROM: Fritz Lanham, City Manager SUBJECT: Newspaper Series - Illegal !!liens DATE: November 24, 1981 Ms. Martinez and his. Pequeno appeared at the Council meeting on November 12 and expressed their concern about one of the series of twelve (12) articles appearing; in the Baytown Sun regarding the illegal aliens in this community. This is, in part, a response to those concerns. We, in City government, must work for and protect the people in the community - -both citizen and visitor. Aliens bring special problems with which we are not totally familiar. We are not experts in Mexican culture. Aliens are not knowl- edgeable about our culture in many cases. This presents problems, not only for the community, but for aliens as well. The newspaper evidently felt that the place of the illegal alien in this community was of sufficient importance to run a twelve -part series. It seemed to me that the thrust of the news stories was that cultural differences, coupled with the fact that some aliens are here illegally, result in a different style of living and behavior. One of the series dealt with the alien and criminal activity. In preparing this article, the reporter talked with Chief Turner and Detective Kuehn. I think an important mes- sage in this article was that, first of all, most illegal aliens are honest,.law- abiding people, but there are some who break the law and get into trouble. Further, I think Chief Turner and Detective Kuehn were attempting to explain why illegal aliens may respond differently from other people in similar situations. Several months ago, Chief Turner, along with other law enforcement officials from across the state attended a symposium in San Antonio on Contemporary Issues in Texas Police- Community Relations. One of the subjects discussed was attitudes toward working women. Some of the chief's statements to the reporter were based on information given in that training session. Chief Turner has said that he feels Baytown is be- coming divided between the Hispanic and the non - Hispanic communi :ies and that he is interested in doing what he can to reverse this trend. In responding to the reporter's questions, Chief Turner was striving to bring about better understanding of the differences between illegal aliens and others in our community. If, in attempting to do this, F0 Memorandum - Newspaper Series - Illegal Aliens Page No. 2 people got their feelings hurt, Chief Turner has said he is truly sorry. His objective is to make Baytown a better place to live for everyone. As City Manager, I can assure those whn are concerned that if anyone is offended, we are indeed sorry. I agree with Chief Turner that there is a need for more understanding between people. In an effort to further such understanding, I would like to suggest that Ms. Martinez, Ms. Pequeno and three or four other persons representing their group meet with Chief Turner, Assistant Chief Henscey and Assistant City Manager Patterson and give us an opportunity to answer questions asked in the appearances before City Council on such things as police record keeping and legal rights of persons who come in contact with the police de- partment. Hopefully, by establishing improved communication, there will be better understanding between those of us in City government and citizens and visitors to our community. c 1' r . alp: - )Q'r�; Novcmbe r 13 , 18,10,,,=, • San Jacinto Ford Joe Cam Ford Tomm Vau n F LL //�•QTY DESCRIPTION UNIT EXTENDED UN(T pCTENDED UNIT X' ND 0 UNIT r= xrr:NDEO Ur�17 E:C7E�NO�U Tt,��/1 Ld R ;, 1 each 3/4 TON PICKUP TRUCK, $8,716.34 $8,869.24 $9,x95.64 per specifications Make /Nadel Ford F -250 Ford F -250 Ford F -250 t Option 1. Air Conditioning $57]•71 � $511.71 $482'58 1 TOTAL BiD $9,288.05 $9,44x•95 $9,578.22 Delivery A.R.x. l4 days 30 Lo 7 days 47 ays •� a� - Thirteen �13).companies _ � were mai]ed bids.• a� E . U +� t. . CROSS ToTAC. t • LESS D1 S C. NET T�TA L n r-, , � i r- n �.• i • i • • . ,• i • i �rrL E: 31D� s ?>> -lo )ASE, (,�n�rm� hr r l �j _ 1 q 1 �,�,,,_ . TEMI QTY � DESCRIPTION �, 1 each 1 1/2 TON UTILITY TRUCK per specifications • Make /Model � Delivery A.R.O. U E U a; I � �•N i l U YY 1 V B10 TABULATION . ,� �• —_� _ i mme r � S'.Y.L4J.�. E Keatin o d 5�n Ja Q Ford UNIT ND 0 UN1T E�'TENQED OF /1T Ex q NDEU uN1T ExrENO o uNlr R 519,270.56 519,815.00 522,999.06 522,950.00 FORD F -700 FORD F -700 ORD F -700 Chevrole� CC7D042 120 daysf 60 -150 d s 00 days 150 days` •� CROSS TOTAL :, LESS DISC. N�`T TOTA L n ri �� irnv CROSS TOTAL :, LESS DISC. N�`T TOTA L n ri �� irnv i .� i