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1982 07 22 CC Minutes20722 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 22, 1982 The City Council of the City of Baytown, Texas, met in regular session on Thursday, July 22, 1982, 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, after which the following business was transacted: Minutes Councilman Johnson mentioned that the minutes should be corrected to indicate that he had abstained from voting on the acceptance of the minutes for the meeting held on June 24, 1982 since he was not present during that meeting. Councilman Philips moved to approve the minutes for July 8, 1982 with that cor- rection noted; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Canon Mayor Hutto Nays: None Receive Petitions There were no petitions presented. Councilman Johnson presented the City Manager with a copy of the petition that was presented at the last Council meeting concerning Houston Lighting and Power Company. The petitioners had borrowed that portion to run copies to forward to the Public Utilities Commission. City Manager's Report Baytown Housing Development - Council had been provided with a copy of a letter from Brockman Builders, Inc. addressed to the City of Baytown, Attention: Mayor Hutto, which indicated the desire of the builders to appeal the decision of the Baytown Planning Commission regarding disapproval of preliminary approval for Baytown Housing Development. Council scheduled a work session with the City Attorney for 5:45 p.m. on July 26, 1982 and a special meeting on that same date for 6:00 p.m. 20722 -2 Minutes of the Regular Meeting - July 22, 1982 Houston Lighting and Power Company - Council had been provided with a copy of a letter from Houston Lighting and Power which provided Council with information regarding the basis for fuel cost adjustments on the electric bills. Since Council had not had the opportunity to read through and digest the material, any questions that Council has may be addressed at the next Council meeting. West District Sanitary Sewer Improvements - Council was provided with a status report involving each of the four con- tracts now in progress, including the treatment plant which Council toured at 4 :15 p.m. today. North Little League - This project is about eighty (80 %) percent complete. The press box, concession stand, restroom building, dugouts, field preparation and drainage have been completed. The electrical work was in process today. West Little League - The city agreed to a cooperative effort with the officers of the West Little League. Part of that agreement was that the West Little League would be responsible for clearing the area and this is about ninety (90 %) percent complete. The Administration expects to be in a position to move ahead with that project and have the field available by next spring. Drainage - City crews have completed ninety (90 %) percent of the work on Pecan Drive and McKinney; ninety -five (95 %) percent, on Jasmine; sixty -five (65 %) percent on Narcille Drive and work has begun on the Gulf pipeline right of way. Drainage crews continue to make good progress. 1982 Street Improvement Program - The contractor has begun removing curb and gutter on East Wright and Georgia in pre- paration to reconstruct the streets. Both of these streets are located near elementary schools was the reason these streets were selected first. Sliplining - The sliplining work under Phase I has been com- pleted, but there is an item on the agenda to add certain areas to that contract. Community Development (Magnolia /Cypress) - This project is about ninety (90 %) percent complete, that is, the pavement, curb, gutter, and water lines. Questions and Comments Regarding City Manager's Report In response to a comment from Councilman Fuller that another billboard was being erected on Baker Road at Country Club and an inquiry from the Councilman concerning the status of the research being performed by the Administration, Larry Patterson, Assistant City Manager, indicated that he had been collecting data and would be prepared to make a report at the next Council meeting. Driveway Problem 705 East Lobit - Councilman Cannon stated that he had been contacted by Mr.Burroughs who had appeared before the Council several months ago concerning a problem with his driveway on East Lobit. Councilman Cannon requested that this matter be placed on the next Council Agenda for discussion and that the Administration furnish him with a copy of the policy regarding driveways. 20722 -3 Minutes of the Regular Meeting - July 22, 1982 Traffic Hazard - Councilman Cannon mentioned that there is a traffic hazard at Ponderosa and Baker. At the intersection coming from Ponderosa, there is an entrance to the subdivision with a Ponderosa sign which is creating a traffic hazard for people coming out onto Baker. Jean Shepherd Will Appear Mrs. Shepherd appeared as President of the Brownwood Civic Association to mention problem areas for the citizens who reside in Brownwood. Mrs. Shepherd mentioned the following problems. 1. Brown Park on Crow Road is being utilized for dumping purposes and on weekends people utilizing the park cause traffic congestion on Crow Road by parking on the street. Across from that area is an area where the city has filled and the area has grown over with grass and brush. 2. On Mapleton, left off Crow Road, ditches have not been cleaned for many years and have stagnant water standing which indicates either blockage or drainage problems. About 100 feet from the corner, there is a leak in the street. 3. Off Bayshore there is a ditch that catches water coming in from the Bay that is littered with debris. Culverts are completely stopped up. 4. Many persons are carrying in dirt and other materials to reclaim the land, but there is one place in particular where these materials have not been covered or packed. What is happening is that the area is simply being used for dumping. The inspection department has been called in this regard. 5. At the "y" on Bayshore, there is a city lift station that is being utilized for recreational purposes. 6. On Bayshore there is demolition contracted by the City that has been in progress for some time which is unsightly and should be completed, if not by the present contractor, by another contractor. 7. Shreck at Bayshore inside the Perimeter Road there is a lake of standing water that never gets to the pumps. 8. The berm along Brownwood Drive is not complete. At some of the critical areas, it is not high enough nor is it level. 9. Better drainage is needed to provide for even dis- tribution to pumps. 10. Streets that have been blockaded have become dumping grounds. The residents feel the city is responsible to have those areas cleaned. Mayor Hutto apologized for having to interrupt Mrs. Shepherd,' but it was necessary due to the scheduled public hearing. Hold Public Hearing on Proposed Facility Plan and Environmental Information Document for East Sewer District (7:00 .m.) All testimony presented at the public hearing was recorded by a court reporter to provide a verbatim record of the hearing. That transcript will be the sole official record of the Public hearing. Copies of the final transcript, the final Facility Plan, 20722 -4 Minutes of the Regular Meeting - July 22, 1982 and the final Environmental Information Document will be avail- able for public inspection during normal business hours in the City Clerk's office at City Hall as soon as the transcript is furnished and published. Jean Shepherd Will Appear - Continued 11. All the streets in Brownwood except two are in a state of deterioration and need repair. 12. There are homes which people are living in that are unfit for human habitation. 13. Water lines in Brownwood are in a deteriorated state and persons who live along Milner can't drink the water. There appears to be an infiltration problem of some sort. 14. Sewer lines in Brownwood are in a deteriorated state and persons have raw sewage in their yards and backing into their homes. 15. In both elections regarding Brownwood, people were told that $7,500,000 would be expended either in relocation or in repair. Evidently, the voters felt that the $7,000,000 would be best spent toward repair. Mrs. Shepherd suggested that the city move ahead on repairs. Councilwoman Wilbanks asked that the Administration look at the specific areas mentioned by Mrs. Shepherd and report to Council concerning work in progress and work scheduled for the future, stating that the residents of the area need to hear comments from the city. Mr. Lanham mentioned that Ridgeway is on the 1982 Street Im- provement Program which the contractor has begun work on that contract. With respect to drainage, many of the streets in Brownwood are on the list approved by Council and the ad- ministration expects to have crews working on drainage in the Brownwood area within a couple of weeks. Al McHugh, Group W. Will Appear Al McHugh, local manager for Group W was present, along with Mr. Thompson, construction supervisor. Mr. Thompson posted a map which depicted the areas of the city that have new cable strung, areas where new service is available and areas that are to be completed shortly. Mr. McHugh stated that Lakewood and Brownwood are scheduled to be completed shortly and upon completion of Lakewood /Brownwood areas, the crews would move to old Baytown and complete that area because those were the areas that are ope- rating under the old plant and the areas that are experiencing the most difficulties. Mr. McHugh mentioned that there have been as many as 100 contractors working in the city toward getting cable strung. The company has also solicited help from E1 Paso and a new phone system has been installed to provide more lines at their office. An arrangement has been made with a maintenance foreman to have a business phone in his home which rings there at night. Mr. McHugh stated that he was aware of problems which some of the citizens in the community had been experiencing and that he was making every effort to correct those problems. For instance, persons who have experienced outages or extremely poor quality service, do receive credits if the company is notified. The company is making every effort to furnish those persons who had service under the old system with service under the new prior to servicing the new areas. The company is making every effort to install a good quality system and avoid some of the past mis - 20722 -5 Minutes of the Regular Meeting - July 22, 1982 takes. Mr. McHugh emphasized that at the present time the emphasis is on the old system. In fact, he is not allowing sales personnel into the areas where the old plant is located until the old customers are satisfied. The entire system should be installed and operable by the latter part of November. Mayor Hutto mentioned to Mr. McHugh that it appeared that the biggest problem the company is facing at this point is a public relations problem. Customers feel that the company is being unresponsive to their needs. Councilman Philips suggested that perhaps Mr. McHugh needs to hold schools to train his people how to deal effectively with the public. Mr. McHugh agreed that public relations needed to be addressed but he noted that a year ago, the company had four employees in Baytown and now there are 31 employees in Baytown; therefore, the employees can't be tied up in school for too long a period. In response to an inquiry by Mayor Hutto regarding cable rated television sets, Mr. McHugh stated that there is no real advantage to having a cable rated television set because the cable companies scramble the waves so that the only way one can receive transmission is if that service has been purchased. Gloria Bashrum, 2100 Alabama, presented a petition with 32 signatures of persons residing in the old Baytown area with the exception of one. The petition stated that on numerous occasions Group W Cable TV service had been out for several weeks at time and that the company was slow to respond. Mrs. Bashrum suggested that the company print a notice on its bills notifying its customers that in the event unacceptable or no service is provided, their bills would be credited ac- cordingly. Mr. McHugh responded that this was being done. Mayor Hutto stated that with the new system the residents of the old Baytown area should not have these same difficulties. Councilman Fuller moved to accept the petition; Councilman Simmons seconded the motion. The vote follows; Ayes: Council members Wilbanks, Fuller Mayor Hutto Nays: None Philips, Johnson, Simmons, and Cannon Consider Proposed Ordinance, Setting Public Hearing on Proposed - Annexation of Goose Creek Shopping Center In accordance with State law, the proposed ordinance provides for two hearings on August 12, 1982 - -one at 5:30 p.m. at the northwest corner of the last entryway into Goose Creek Shopping Center from Sharon Road in the parking lot and one at 7:00 p.m. in the Council Chamber on the proposed annexation of Goose Creek Shopping Center. 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, Fuller and Cannon Mayor Hutto Nays: None 20722 -6 Minutes of the Regular Meeting - July 22, 1982 ORDINANCE NO. 3427 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR THE PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF GOOSE CREEK SHOPPING CENTER; DIRECTING THE PREPARATION OF A SERVICE PLAN; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE FOR SUCH PUBLIC HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Resolution No. 809, Authorizing Participation in Coalition of Cities with Original Jurisdiction in Houston Lighting and Power Pending Rate Case At the last Council meeting, the City Attorney, Randy Strong had described somewhat the reason for formation of the Coalition of Cities with Original Jurisdiction. Of the 59 cities that retained original jurisdiction within the Houston Lighting and Power Service area, 57 have joined the coalition in order to present a united and organized effort before the Public Utilities Commission in the rural rate hearing which is scheduled to begin August 30. The City of Baytown is listed as one of those cities and what the City Attorney requested was that City Council adopt Proposed Resolution No. 809 so that the City of Baytown could have some formal documentation of the city's desire to par- ticipate as part of this coalition and share information with other cities. The City of Baytown is a party to the hearing before the PUC separate from the coalition because the City of Baytown has been granted intervenor status. Therefore, the city will be participating on its own, but the Attorney recommended that the city participate as part of the coalition as well. Councilman Philips moved to adopt Proposed Resolution No. 809; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None RESOLUTION NO. 809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUT- HORIZING PARTICIPATION IN THE COALITION OF CITIES WITH ORIGINAL JURISDICTION. Consider Proposed Resolution No.810, Urging the Passage of Legis- lation Affording "Municipal Immunity" from Federal Antitrust Laws. Texas Municipal League has requested that member cities consider adopting a resolution regarding the cities' liability as a result of a recent Supreme Court decision. The City Attorney explained that cities for years were considered exempt from the Anti -Trust Laws of the United States until recently when the Supreme Court in a case involving the city of Boulder Colorado changed that and said that cities are liable for Anti -Trust violations absent a specific grant of authority from the State that cities are allowed in this area that would otherwise be considered anti -trust violation. In Texas, home rule cities are given broad general powers to conduct their affairs, but this is not sufficient to exempt Texas cities from this possible anti- trust liability. While cities are given broad powers, there is 20722 -7 Minutes of the Regular Meeting - July 22, 1982 not a specific authority given by the State for doing these things. Therefore, one way to protect cities against this possible anti -trust liability in the future would be for the State of Texas to go through and legislatively list all the powers that cities are to carry out. That may, in fact, be done in some areas. However, it would be more beneficial to the cities if the United States Congress would statutorily re -enact the exempt status of municipalities that would do that very thing. There will be hearings before Congress. By this re- solution, the City of Baytown would be supporting the passage of such legislation and urging adoption where the cities would again be exempt from anti -trust liabilities for carrying out common governmental function. Councilman Johnson moved for adoption of Proposed Resolution No. 810; Councilman Simmons seconded the motion. The vote follows: Ayes: Council member Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None RESOLUTION NO. 810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN SUP- PORTING LEGISLATION TO EXEMPT MUNICIPALITIES FROM FEDERAL ANTI -TRUST LAWS. Consider Proposed Resolution No. 811, Opposing Passage of Public Employee Pension Plan Reporting and Accountability Act of 1982. The Committee on Labor of the United States Congress has favorably reported out a bill that would require public pension funds such as the Texas Municipal Retirement System to comply with federal regulations including reporting to federal agencies on their activities and keeping records in accordance with federal requirements. The Texas Municipal Retirement System was established by the State legislature. Many Texas cities are members of the system which is operated in accordance with State law. The system is governed by a board of directors made up of city representatives. The Administration felt that this would be an unnecessary burden on the system, if approved. This burden would be placed on the State system by the federal government. Frankly, the system has been operating as well if not better than many federally operated systems. The Administration could find no advantage to the proposed act. The Administration recommended approval of the proposed resolution. In response to an inquiry from Council, Mr. Lanham pointed out that the federal government would not be underwriting the system. Councilman Philips stated that he would hope that President Reagan would veto such a proposal. Councilman Fuller moved for adoption of the resolution; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips,Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None 20722 -8 Minutes of the Regular Meeting - July 22, 1982 RESOLUTION NO. 811 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, EX- PRESSING ITS OPPOSITION TO PASSAGE OF THE PUBLIC EMPLOYEE PENSION PLAN REPORTING AND ACCOUNTABILITY ACT OF 1982. Consider Proposed Ordinance, Awarding Contract for Craigmont/ Ponderosa Water Line Replacement. The 1981 Bond Program included funds to replace all the water lines in the Craigmont /Ponderosa area where we have had numerous water breaks in recent years. Wayne Smith, consulting engineer on the project, stated that bids were received from six contractors on July 1. Bids were taken on the base bid which was the project with a finished earthen top and an alternate bid that would require grass replacement. The low bidder was CAT Con- tracting, Inc.. The second low bidder was R. T. Bishop of Baytown and the third low bidder was Sabine Consolidated of Port Arthur. R. T. Bishop and Sabine Consolidated have performed work for the City of Baytown in the past and have also been con- tractors on projects where Mr. Smith was consulting engineer in other locations. CAT Contracting is new to the area. The company has performed a project in Deer Park and one in Pasadena. The Company has recently been low bidder on a project in Alvin and a project for the City of Houston. The contractor's principal is from Michigan. The consulting engineer performed an extensive study of the low bidder and feels that the contractor should be able to perform the work. Taking into account the $40,000 difference between the low bidder and the second low bidder, the consulting engineer recommended that the bid be awarded to CAT Contracting, Inc. In response to an inquiry from Council, Mr. Smith stated that there is a great amount of cash in the corporation with a note to the officer. Other companies handle business in this fashion. The corporate officer has money to provide to the corporation. He starts the company and that money is written in the books as a note to the officer. The company has a bonding agent who is willing to bond the company for the performance and payment bond. The bonding agent is not concerned that the company is twelve (128) percent lower than the second bidder. The consulting engineer, as on other projects of this type, would provide a full time inspector to monitor performance. Mr. Smith stated that he had spoken to the contractor on several occasions to let him know what was expected. The project will be installed correctly. The Administration recommended that the base bid be awarded to the low bidder. Councilman Philips requested that Council seriously consider that for just $38 per home or three (3 %) percent of the bid, Council could have the grass restored. The residents maintain their yards and this is very disruptive to have an entire neigh- borhood torn up. The contractor will not be able to stay strictly on the easement to accomplish the work. He felt that this was the least the city could do. In the discussion which followed, these points were made: (1) after the grass was replaced, whose responsibility would it be to be certain that it grows, (2) the city does replace driveway and fences, but these are permanent structures. Council 20722 -9 Minutes of the Regular Meeting - July 22, 1982 expressed the feelings that the job should be properly finished with the work area left properly contoured, but to expend the $12,000 to replace grass, could be considered un- necessary. Aside from the issue of replacement of the grass, Councilman Johnson expressed concern that the bid would be going to a relatively inexperienced contractor and inquired if perhaps enough money could be saved by the use of an experienced con- tractor to warrant awarding the bid to the second low bidder. Mr. Lanham responded that a full time inspector is utilized on all bond programs. Councilman Philips moved that the bid of CAT Contracting, Inc., be accepted, utilizing a full time field supervisor's service, for the alternate bid in the amount of $351,173 which is within the budget. The motion died for lack of second. Councilman Johnson moved that the proposed ordinance be adopted awarding the contract to CAT Contracting, Inc., for the base bid; Councilman Fuller seconded the motion. The City Attorney mentioned that the construction timetable would be 80 days. The vote follows: Ayes: Council members Johnson, Simmons, Fuller Wilbanks and Cannon Mayor Hutto Nays: Councilman Philips ORDINANCE NO. 3428 AN ORDINANCE ACCEPTING THE BID OF CAT CONTRACTING, INC., FOR THE CRAIGMONT- PONDEROSA WATER LINE REPLACEMENT, AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF THREE HUNDRED THIRTY EIGHT THOUSAND THREE HUNDRED SEVENTY THREE & N01100 ($338,373.00) DOLLARS. Consent Agenda Norman Dykes, Director of Public Works /City Engineer, in response to an inquiry from Council, stated that the reason that lines in Whispering Pines must be sliplined is that in Section 1 and 2 concrete pipe was utilized. This pipe has deteriorated to the point that pipe is missing in some areas. This is the first time that pipe has been sliplined in this area. At the time that Sections 1 and 2 were constructed, the developers were allowed to utilize concrete pipes. The Consent Agenda was considered as follows: a. Proposed Resolution No. 812 will confirm the declaration by the Civil Defense Director with approval of the City Manager of the existence of an emergency on July 18, 1982. This declaration is in regards to the explosion and fire at the Baytown Chemical Exchange Plant. We recommend approval of Proposed Resolution No. 812. b. Proposed Ordinance No. 20722 -3, will transfer $3,600 from Community Development Grant Account No. 7110 -12 -0100 - Contingencies to No. 7210 -06 -0401 - Special Services - Audit. The purpose of this transfer is to cover cost of CDBG Audit. This is an authorized expense under this grant. We recommend approval of Proposed Ordinance No. 20722 -3. 20722 -10 Minutes of the Regular Meeting - July 22, 1982 c. Proposed Ordinance No. 20722 -4, will authorize Change Order No. 5 to the 1981 Sanitary Sewer Sliplining project. Change Order No. 5 will provide the following additions: 1. 688 L.F. of 5" polyethlene liner in 6" existing sanitary sewer lines in Whispering Pines Subdivision (Savell Drive and Autumn Lane between Gulfway and Summer Lane. 2. 2700 L.F. 6" polyethlene liner in 8" existing sanitary sewer line along west side of Alexander Drive from Peggy Street south to James Street. 3. 15 service connections, Whispering Pines Subdivision. 4. Additional work for Alexander Drive to compensate for hazardous conditions due to traffic, line under concrete, and greater depth. The total cost of Change Order No. 5 is $48,130. We recommend approval of Proposed Ordinance No. 20722 -4. d. Proposed Ordinance No. 20722 -5, will award the bid for purchase of carpeting for Municipal Courtroom and Office. Four (4) bids were received. Sherwin Williams submitted the low base bid of $3,144.33. Council budgeted $2,441.00 for this purchase. We recommend the low bidder, Sherwin Williams be awarded this bid. e. Mr. H. V. Parker, 1216 Cedar Bayou Lynchburg Road, has requested water service from the City of Baytown. Mr. Parker will be able to tap into our line in front of his residence. Councilman Simmons moved for adoption of the Consent Agenda Items a through e. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None RESOLUTION NO. 812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONFIRMING THE DECLARATION BY THE EMERGENCY MANAGEMENT AND PRE- PAREDNESS DIRECTOR OF THE EXISTENCE OF AN EMERGENCY ON THE 18TH DAY OF JULY. ORDINANCE NO. 3429 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE THREE THOUSAND SIX HUNDRED ($3,600.00) DOLLARS FROM "COMMUNITY DEVELOPMENT GRANT ACCOUNT" NO. 7110 -12 -0100 - CONTINGENCIES TO ACCOUNT NO. 7210 -06 -0401 "SPECIAL SERVICES - AUDIT ", AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 20722 -3) 20722 -11 Minutes of the Regular Meeting - July 22, 1982 ORDINANCE NO. 3430 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 TO THE CONTRACT WITH CHANNEL CONSTRUCTION COMPANY, INC., FOR THE 1981 SANITARY SEWER SLIPLINING - PHASE III; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.(Proposed Ordinance No. 20722 -4) ORDINANCE NO. 3431 AN ORDINANCE ACCEPTING THE BID OF SHERWIN WILLIAMS FOR THE PURCHASE OF CARPETING FOR MUNICIPAL COURT ROOM AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN FOR THE SUM OF THREE THOUSAND ONE HUNDRED FORTY FOUR AND 33/100 ($3,144.33) DOLLARS. (Proposed Ordinance No. 20722 -5) FOR TABULATIONS SEE ATTACHMENTS "A & B" Consider Providing Sewer Service to Fisher Hill Fisher Hill is located off Ferry Road near Cedar Bayou Methodist Church. This is one of the few areas inside the city limits which does not have sewer service. There is city water service to the area. The need for this service has been there for a number of years. There is a question whether an easement is available for this purpose, but one would need to be obtained in order to perform the project. The estimated cost to construct the sewer line is $15,750; $4,250 would be recovered as con- nections are made. Some of the residents of Fisher Hill have relatively new septic systems; therefore, it probably would not be necessary to have those residents tie to the new system immediately. Councilman Philips moved to authorize the Administration to perform the necessary steps to provide sanitary sewer service to Fisher Hill; Councilman Johnson seconded the motion. The vote follows: Council inquired if all the residents of Fisher Hill are in- terested in this service. Tom Hall as resident of the hill stated that he could not speak for the other residents, but this was not the first time that he had appeared before Council to request sewer service. He explained that those persons who are on septic tanks are in violation of the law, because the tanks overflow and the raw sewage flows into Cedar Bayou. In respon that the total $425. Council tie in as soon Ayes: Nays: se to an inquiry from Council, Mr. Lanham stated cost to tie into the system per residence would be felt that the city should require the residents to as the service is available. The vote follows: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto None 20722 -12 Minutes of the Regular Meeting - July 22, 1982 Consider Plans for 1982 Sanitary Sewer Sliplining Phase II Program and Authorize Advertisement for Bids Change orders were made to the 1982 Sanitary Sewer Slip - lining Phase II which were emergency -type situations and the change orders could be made because the contract provided for those units prices. However, another phase is necessary for the sliplining program because there are some locations which are not of an emergency nature and the present contract does not provide unit prices for 10 -inch and 15 -inch line. Under the proposed 1982 Sanitary Sewer Sliplining Phase II Program, the remainder of Roseland Oaks sewer lines will be sliplined. There have been problems in recent months and repairs have been made on East Texas Avenue. Problems have been experienced on East James between Danubina and Highway 146. The estimated cost for the sliplining and necessary connections is $185,000. Funds are available in the current fiscal year's budget and in revenue sharing for this project. The Administration requested per- mission to advertise for bids for sliplining of these lines. Councilman Fuller moved to authorize the Administration to advertise for bids for the 1982 Sanitary Sewer Sliplining, Phase II; Councilman Philips seonded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Consider Appointment to Clean City Commission This item was deferred to the next Council meeting. Adjourn There being no further business to be transacted, the meeting adjourned. - z EILEEN P. HALL, City Clerk Brockman Builders, Inc. Attachment "A" 1912 LAMY LANE, SUITE B • P. O. BOX 7886 • MONROE, LA. 71203 • (318) 322.1472 July 20, 1982 - City of Baytown 2401 Market'Street Baytown, Texas 77520 Attn: Mr. Emmett Hutto, Mayor Subject: Planning Commission Decision Appeal Re: Baytown Housing Development 130 Unit Apartment Project Nolan Road Baytown, Texas Dear Sir: On July 19, 1982, the.Planning Commission of the City of Baytown refused to issue preliminary approval for a building permit on the above referenced project. It was noted by the Director of Planning, Mr. Cornelius, that we, the developers, had met all the-legal requirements and ordinances of the City of Baytown for preliminary approval. We were denied -that pre- liminary approval. The reason given was that we had only one entrance /exit and,*in.their opinion, this condition is unsafe in the event of an emergency. In the previous meeting of the Baytown-Planning Commission the permit application was rejected because of one reason only, the number of parking spaces did not-meet the Baytown.ordiance requirement. Never was there any mention of the number of entrances or-exits required. Never-was it mentioned that one entrance /exit was unsafe. We.were apprised at 10:00 A.M. on the morning of July 19th,.the day of the Planning Commission meeting, that this had become a problem. Nowhere in the ordinances of.the City of Baytown can we.find anything regarding the number of entrances required on an apartment project. On the basis that the Planning. Commission.had previously rejected our application for the reason of inadequate number of parking spaces, only, and this problem was' alleviated three days later by a plan revision adding the required number of parking spaces, we assumed that preliminary approval would be forthcoming.. On this assumption over $4,000,000 of Bonds and over $4,000,000 of Notes were sold to finance the project. Page 2 July 20, 1982 City of Baytown This project must be clos.ed by August 1, 1982. If closing is delayed past this date due to the commission's'action, the amount of damages which we will suffer will be considerable, but have not as yet been determined. In view of the above circumstances, we urgently regest the following: 1. In light of the extremely tighttime constraints, a special meeting of the City Council be called Monday, July 26th to hear this matter. 2. An appeal be made to the City Council tooverturn the Planning Commission's decision as per Section 27 -5 of the Baytown City'Code. In..conclusion I.again would like to reiterate the following facts: 1. Per Mr. Cornelius, we have met all the legal requirements and ordinances of the City of Baytown for preliminary approval. 2. Per Mr. Cornelius, there is no ordinance °regarding the number of entrances required into.an apartment complex. 3. Per Mr. Shackleford,.the plans-as-shown have been reviewed and approved by the Baytown Fire Chief. 4. The..plans.and specifications have been reviewed and verbally.approved by Mr. Ed Shackleford of the Baytown Engineering Department. 5. We will suffer economic damage if lack of preliminary approval delays closing of the project within the time constraints. In view of the above, we respectfully request that our appeal before the City of .Baytown be heard Monday, July 26, 1982. I will be available at your convenience to answer any questions, or meet with your people regarding this matter. Any assistance you may give us is greatly appreciated. WB /lpb cc: Mr. Fritz Lanham Mr. Bill Eiland Mr, Ted Lee DIr. Ralph W. Brockman Very % truly yours, Walker Glenn <G-) Executive Vice President � C �R I LLIn N W t:11 O O O ?• C WQ , w m a ►r - N M O V? N lA S 4 J Z ' 1 � 0 0 l� L� O 0 J u 0 C: W J u 0 w 0 s 1... C:: O to 0 s u C Cl. ?1 u O • u Gl O O M N N M IL M N t2 C71 M V z - }•- W M O N {/f CL C:: < N > — 3 V1 • r w C CL ccz L3 � l� L� O w J u C) C: W J u Q w r�••� C 1... C:: O Lj 0 C) u C Cl. W u • u .o O O LI► N IL d N t2 C71 ¢ �Q v V z - }•- W M CO 1 O N 0 — CL C:: < n N w > — 3 G ltJ .. V) V) E lo M CC N v i• L JhQ d N O cc 12C ¢ CL O to cao = r w C CL ccz L3 N W u � l� L� O w J u C) C: W J u 4 z w 1 W 1... C:: O < 0 0 C) u C Cl. C «� z CL • u .o O O LI► N IL CC) N t2 C71 ¢ �Q v V z - }•- W M CO 1 O N CL C:: < n N w > — 3 G ltJ .. Q E • CC Ln t� v i• L JhQ N W u � l� L� O J u 0 C: W J u w - 1... C:: O < 0 0 C) u C Cl. C «� z CL • u .o O O LI► N Lt, O C N t2 C71 V z - }•- W M CO 1 O N CL C:: < n N w > — 3 G ltJ .. CJ 3 to z - w =�a N 0 Co Cl o 0 0 - o < 0 0 C) CO C «� ,a .o .a LI► O C 19 ICI M cif s ¢ o - o M N E- Q I-i V V � � N - O C) O C 19 ICI O O G E CC V) — i• L 1• d ?- cc 12C c to cao = CC w � J t E vl > O O- H J d•C 4) N -J u V LL O W •- .0 „O W O LL- C a o J J O O a O O 1• Q Q Y O Y Y CL CL LL Y - U- C C C z' Z N L L L U Q u L U u- LL U- u •v at Y a C.7 C3 w - _ tV py .. z z J a L O — u L 'C) . W w C � CC Q F- •� !` � F-- L-- ¢ ¢ CL CL CL u u O O O E- Q I-i V V � � CJ\. (14lCttynz =�rncfn CONSULTING ENGINEER. INC. Page 3 project with a full time field representative. If you have any questions please call. - . Truly yours, - R. ldayne Sriuth, P.E. President cc: Fritz Lanham Norman Dykes C RWS %'Cr 3 13:26 Ir:DiRh%PDL�S / F10U5TON. TEXAS 1:015 � (� 131 X57.2 ?61 C_ Honorable Mayor City of Baytown P. 0. Box 424 Baytown, Texas Attachment "A" lei /cit�.* �rnif4 CONSULTING ENGINEER. INC. and City Council 77521 July 14, 1982 RE: Bid Tabulation for Craigmont- Ponderosa Water Line Replacement, Baytown, Texas Gentlemen: Bids for construction of the referenced project were received at 10:30 A.M., Thursday July 1, 1982 at the,City Hall and subsequently read in public. Base Bids and Alternate Bids were received. The Base Bid was for the project to be finished with a smooth earth surface and -the Alternate Bid required grass replacement. Six contracting firms submitted bids for the project. Errors were found in the bids of CAT Contracting, Reliance Construction and Blacksher and Son, Inc. Blacksher and Son, Inc. submitted a bid for the Al- ternate Bid only. The errors did not change the order of the three low.bid- ders. The bidders from low to high and the correct total amounts bid are as follows: CONTRACTOR CITY BASE BID $338373.00 ALTERNATE BID 351,113.00 CAT Contracting, Inc. Seabrook R.T. Bishop Construction Co. Baytown $379,027.50 $390,547.50 Sabine Consolidated, Inc. Port Arthur $388,119.00 $418,460.50 $399,319.00 $440,745.00 Reliance Construction, Inc. Houston Beaumont $439,745.00 $449,345.00 Mar -Len, Inc. Blacksher and Son, Inc. Orange NO BID $407,762.50 The low bidder, CAT Contracting, Inc. is a new construction company with have completed a project for the City of Deer Park limited experience. They for Harris County. They are currently constructing lift station re- and one novations for the City of Pasadena and have been awarded a Contracting, Inc. contract by the has resulted in the City of Alvin. Our investigation of CAT following: 1. The Surety has been verified as authorized to conduct business in the State of Texas. 2. The Contractors Bonding Agent for The Continental Insurance Companies is Hills, Michigan. Air. Bud Roch of Lyle , Lyle and McNicols of Bloomfield and McNicols expressed confidence in CAT Contracting, Inc. and is not concerned that their bid was 12% below the second bidder. References 13426 INDIANAPOLIS / HOUSTON. TEXAS 77015 1 (7131451-2961 C of . 'ovary. ne ZMA CONSULTING ENGINEER. INC. Page 2 from seven local suppliers have been sent by the Agent. Two of these suppliers-have been contacted and have indicated that CAT Contracting, Inc. is a good credit risk. 3. The Principal (Guilio Catallo) has experience in Michigan and Tanzania. Cat Contracting, Inc. was a sub - contractor for, or Mr. Catallo was an employee of, Polsinelli Construction, Inc. for water line replacements of Mesick Water Supply in Michigan. Mr. Tom Bellmyre of Granger Engi- neering indicated that Mr. Catallo's experience and ability was ade- quate, the project was completed on time and Granger Engineering would recommend awarding future contracts to Mr. Catallo. A dispute between Mr. Catallo and Mr. Polsinelli occured on the project, but Mr. Bellmyre did not know the full nature of the dispute or the final resolution. 4. The financial statement of CAT Contracting, Inc. dated December 31, 1981 was reviewed. The financial statement is unaudited. Although the state- ment has not been reviewed by a C.P.A. for the City of Baytown but has been discussed with a C.P.A. and-the following is presented: a. Current ration (Current Assets divided by Current Liabilities) is favorable. The ratio of 2.49 is higher.-than would be expected for most Contractors. b. The majority of the current assets is in cash ($134,314.16) and a long term debt of a note to officer is $81,960.43. If the Corpora- tion repaid its debt to-officer, the current ratio and financial position-of the Corporation would have a significant unfavorable change. S. The bid of CAT Contracting, Inc. was reviewed and found to have an error in the extension of unit prices. The amount read publically was $338, 317.00 and the correct amount is $338,373.00. Their bid was not signed by the secretary of the Corporation although the corporate seal was affixed. 6. We have visited the project sites in Deer Park and Pasadena. In our opinion the project in Deer Park had adequate clean-up, but the project in Pasadena should have additional attention. The second and third bidders (R.T. Bishop Construction Co. and Sabine Consolidated), have performed work in Baytown. Both of these Contractors have constructed projects designed and administered by us and we feel they are reputable Contractors. Our review of CAT Contracting, Inc. indicated the Contractor should be -- capable of performing on the project and we recommend awarding the project to the low bidder, CAT Contracting, Inc. However, as CAT Contracting has limited experience in this area, we also recommend close monitoring of the 1142A INDIANAPOLIS I HOUSTON. TEXAS 77,05 1 17131451-2961