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1984 05 10 CC Minutes40510 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 10, 1984 The City Council of the City of Baytown, Texas, met in regular session on Thursday, May 10, 1984, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the follow- ing attendance: Fred T. Philips Councilman Jimmy Johnson Councilman Perry M. Simmons Councilman Mary E. Wilbanks Councilwoman Gerald Dickens Councilman Allen Cannon Mayor Fritz Lanham City Manager Larry Patterson Assistant City Manager Randy Strong City Attorney Eileen P. Hall City Clerk Absent: Roy L. Fuller Councilman The meeting was called to order with a quorum present. The invocation was offered by Councilman Philips, afterwhich the following business was transacted: Consider Minutes for the Regular Meeting Held April 26, 1984 Councilman Philips moved to approve the minutes with a correction on Page 8, under the section entitled, "Discuss Erosion at 3804 Tompkins Road," each place that reference is made to sanitary sewer, the wording should be storm sewer; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, and Dickens Nays: None Abstained: Councilman Simmons Receive Petitions No petitions were presented. City Manager's Report Report from Baytown Palmer Drug Abuse Program - Mr. Lanham called Council attention to the report furnished by Mr. Ed Church, Chairman of the Baytown Palmer Drug Abuse Program. After reviewing the report, if Council desires, the Administration will attempt to get further information from Mr. Church. 40510 -2 Minutes of the Regular Meeting - May 10, 1984 Mayor Cannon was pleased that Mr. Church was keeping Council informed and said that he would like to receive reports from the other organizations that had received fund- ing through the revenue sharing program. Ordinance from City of Garland Regarding Maintenance of Apartment Complexes - Mr. Lanham mentioned that Council had been provided with a copy of an ordinance that had been adopted by the City of Garland on April 31 which deals specifically with multi - family dwellings. It establishes minimum standards with respect to utilities, facilities and other physical components essential to making the struc- ture safe, sanitary and fit for human use and habitation. The City of Baytown has an Urban Rehabilitation ordinance that includes many of the things that are included in Garland's ordinance, but what Garland has done is to put all those together in one ordinance and require an annual license fee for operation of a multi - family dwelling. Mr. Lanham inquired if Council would like for the staff to develop something similar to that ordinance for Baytown. Council expressed no objections to the staff developing a similar ordinance. Councilman Johnson expressed concern that the apartment market for Baytown is being over constructed. Mr. Lanham responded that the proposed ordinance would help in that regard because it would force the owners to maintain the structures. Mayor Cannon mentioned that Baytown has had a proliferation of mobile home parks, as well as apartment complexes. Councilman Johnson mentioned calls that he had received from a Mr. Kimball who resides on Fig Orchard Road in Highlands concerning a mobile home subdivision that is planned for that area. The Planning Commission has given preliminary approval to the platting of the subdivision. The plans are to allow effluent to run off into the ditch that leads to the river. Mr. Lanham explained that the people who reside in the area would have to follow the same procedure as the City of Baytown in order to protest the application to the Texas Department of Water Resources. That body will hold a public hearing and at that time those residents may appear. Bill Cornelius, Director of Planning and Traffic, explained that prior to final approval from the Planning Commission, there must be on record in the City of Baytown's files a letter from the Texas Department of Water Resources indicating approval of the effluent discharge. Once that approval is filed, the Planning Commission has no alternative than to approve the subdivision. Mayor Cannon mentioned that that area is in the City of Baytown's Extra - territorial Jurisdiction and some day that area may well be within the city limits of Baytown which will create a problem. The planned project is for about 400 homes and the open ditch that this effluent will go into does not appear to be a free flowing ditch which at times will result in stagnant water. The Highlands district will not have the necessary capacity to serve this subdivision 40510 -3 Minutes of the Regular Meeting - May 10, 1984 for another year to one and one half years. Another alter- native would be to cover the ditch for about one -half mile to where the effluent will go into the river. Mayor Cannon and Councilman Johnson asked if it would be possible to write letters to the agencies involved expressing the city's concern. Mr. Lanham stated that a letter would be drafted and brought back to Council for approval. The letter will be forwarded to Harris County Flood Control District and Texas Dept. of Water Resources. Erosion Problem on Tompkins - Mr. Lanham stated that another item at the Council table is a copy of a memorandum from Norman Dykes, Director of Public Works /City Engineer, concerning Cary Bayou bank slippage. On Page 2 are listed all the questions that have been asked of the engineering firms contacted. The engineers have been out to look at the problem and based on the kind of study that they feel must be performed to answer the questions, the study will cost about $12,000. Council had authorized the Administra- tion to proceed on this at the last meeting, but Mr. Lanham solicited any input that Council may wish to give. Council felt that the staff had covered all the possibilities, but requested that a copy of the memorandum, along with the questions be provided the three homeowners involved in the event they had questions that they would like answered. Mr. Dykes reported to Council that the engineers would expect to begin boring within a week. The plans are to make eight borings - -two down at the sheet piling where it is tilted; six others up the slope. A couple of those would be on firm ground between the houses, and four would be made in the backyards of the three homes in the area that seems to be moving. In all the holes except the two out by the sheet piling, the engineers proposed to install slope indicator tubes whereby slippage will be measured. The engineers will check the two indicators on what appears to be solid ground to determine if there is any movement near the houses. Also, the others will be checked to determine what the rate of movement is, but more importantly the engineers want to determine how deep the slippage area is. Those findings will determine the recommendations with regard to how to solve the problem. The engineers say that these tubes may be there for anywhere from weeks, months or on up to one year. The tubes are monitored at different intervals, under different weather conditions. The tubes are good for movement of about one foot. If the movement goes up to one foot, this severs the tube which ends that part of the study and the engineers will develop a recommendation at that time. The first report will answer many of the questions, but some of the answers must wait until the data from the slope indicators is obtained. The first report will be derived from the borings and soil analysis. 40510 -4 Minutes of the Regular Meeting - May 10, 1984 Brownwood /Federal Emergency Management Agency - The Federal Emergency Management Agency has made 210 offers for purchase of property in Brownwood; 131 offers have been accepted, 59 have been declined and 20 are pending. Total parcels involved are 282. No deadline has been estabished yet, but the agency is working on that now. Soon a state- ment will be issued indicating a deadline, and those who have rejected the offer will have the opportunity to recon- sider. Rollingbrook Drive Extension /Bridge (West of Garth Road) - The street is about 83% complete; the bridge is 98% complete. Lime stabilization is in place. The contractor has made excellent progress. Rollingbrook Drive (East of Garth Road) - Work is scheduled to begin on this project May 14. The contract provides 45 working days for completion. If weather permits, the contract should be completed on July 16. Councilman Johnson inquired if the Administration had received any response from any of the owners. Mr. Lanham responded that he had not been contacted by any of the owners. Beech /Oakwood Streets Project - The water system is in place and the entire project is about 20% complete. West Gulf /West Humble Street Project - Bids were solicited for this project, but no bids were received; therefore, that project will be rebid with bids coming in on May 21. 1984 Street Improvement Program - Bids will be received on this project on May 21. Drainage - Work on West Elvinta has been completed. Work on Burnett Drive is about 80% complete. Bayway /Baker Road Project - This work is about 75% complete. Councilman Philips commented that the project is quite an impressive project. Problem with Barges on San Jacinto River - Council was furnished with a copy of a letter from Senator Bentsen concerning a resolution of Council requesting assistance with the problem of barges remaining docked near the IH -10 bridge during turbulent weather. Mr. Lanham said that what this letter is pointing to, as well as other letters from other represen- tatives is that there is nothing in the law that clearly places responsibility for this sort of thing. Councilman Simmons said that what is concerning him now is that the problem is not only on the river, but adjacent to the river where barge storage is just as acute as on the river. Therefore, if the problem is only addressed to barges on San Jacinto River, there will still be barges that could be blown into the bridge. Council is anxious to receive a copy of the study and the solutions that might be proposed. N 40510 -5 Minutes of the Regular Meeting - May 10, 1984 Anti -trust Legislation - Randy Strong, City Attorney, had drafted a letter to Representative Jack Fields. Council was furnished with a copy of the letter, which the Adminis- tration proposed be mailed to Senators Tower and Bentsen as well if Council felt that the letter should be mailed. Mr. Strong reminded Council that a couple years ago, the Supreme Court in the Cable Television versus City of Boulder case decided that the city violated anti -trust regulations. Since that time there has been a proliferation of suits against cities for various anti -trust actions. The vast majority of these were either settled or it was found in favor of the cities, but there have been a few decisions against cities that have resulted in substantial judgements. There is a small community in Illinois of 10,000 to 15,000 people that recently had a $6 or $7,000,000 judgement against it. There has been an attempt to grant cities exemptions again by Congressional action. The Senate Judiciary Committee has held some hearings on Senate Bill 1578 called, "The Local Government and Anti -Trust Act of 1983." Generally, the testimony from some of the witnesses, including an assistant attorney general representing the administration's viewpoint was in favor of such anti -trust exemption for cities. However, many of the witnesses that were not local officials want to limit the immunity to only government type functions as opposed to proprietary. The city acts in two capacities -- purely governmental or proprietary. Proprietary functions are those that private industry could perform as well as governmental, for instance garbage hauling. Some of the proposals would not give cities immunity in that area, but there is not a set body of law or statutes to distinguish between these functions. In Texas the issue is decided on a case by case basis. It is a very complex, confusing issue. The National Institute of Municipal Legal Officers is recom- mending that cities request blanket immunity to avoid the problem of trying to distinguish between governmental and proprietary functions and that group requests that cities contact their representatives in that regard. This would restore to cities the exemption that they had prior to the Boulder City case. Mayor Cannon said that unless he heard from Council expressing some objection, he would sign the letters tomorrow afternoon and forward same to the city's respective representatives in the U. S. Congress. Questions /Comments by Council Mayor Cannon asked that the Administration contact the County concerning the intersection of Archer /Sjolander /Crowell where there is a bad curve. Since the county is out working on Archer, perhaps that curve could be straightened some or perhaps better lighting could be provided. There have been several accidents at that location. Councilwoman Wilbanks mentioned that at the intersection of Spur 201 and Arizona, the warning lights are not working. Councilman Simmons mentioned that there is a problem at that _ location with people moving to the left to make a left turn. 40510 -6 Minutes of the Regular Meeting - May 10, 1984 Mayor Cannon commented that Council had approved the installation of a light at Spur 201 and West Texas, and just last weekend, the police department worked two major accidents at that location. One night just east of that intersection there was a fatality. Councilman Simmons commented that he had travelled to Austin to represent the City of Baytown in an appearance before the Governor to discuss his support of the Pothole Bill. This bill has been before the legislature the last two sessions, but it has failed. The Texas Municipal League's President was there, along with representatives from 21 cities to encourage the Governor to include this in his transportation packet in the June special session. Apparently, the intent is to increase the gasoline tax from $ .05 to $ .10 and raise vehicle registration fees. The Texas Municipal League supports adoption of the Pothole Bill which will award about $100,000,000 to the cities based on a formula of so much per mile times the number of miles that they have within their confines. It seemed that the Governor had a problem with the fact that cities cannot share in the proceeds from the gasoline tax without a Constitutional change; therefore, the Governor is fearful that funding for the Pothole Bill will have to come from general revenues. The demands on general revenues are up. The Governor would give no commitment to the group, but did indicate that he would consider the matter. The President of Texas Municipal League presented the Governor with 260 resolutions from different cities throughout Texas, and the point was made that cities are supportive of the gasoline increase, but cities feel that the Governor should be supportive of the Pothole Bill. Councilman Philips mentioned that there is a problem with dumping on Spur 55 near Highway 146. He requested that "No Dumping" signs be erected. Discuss Request of Lake Municipal Utility District to Amend Consent Resolution as to Refunding Bonds In 1978, City Council approved a resolution for the formation of Lake Municipal Utility District. One of the conditions of that resolution was that bonds of the district could be refunded or redeemed in the fifteenth year. There is no provision there for advance refunding or calling the bonds prior to the fifteenth year. The bonds for this par- ticular district were sold at a time when the interest rates were very high. The average on their bonds is about 14.7 %. Interest rates are lower today, and there is an approach;-,now that permits the advance refunding of bonds. There were two representatives of Underwood, Neuhaus present to brief Council on this approach. The Administration felt that the refunding of bonds would benefit the district and could find no disadvantages or problems for the City of Baytown. In order for the district to refund bonds, City Council must amend the Consent Resolution. Larry Catuzzi with the firm of Underwood, Neuhaus explained that currently in place is a Consent Resolution by which Lake Municipal Utility District was created. The 40510 -7 Minutes of the Regular Meeting - May 10, 1984 bond consultants requested that Council consider amending the resolution to allow the districts to refund bonds. Bonds were issued when rates were extremely high. The average rate at that time was almost 14.75. The bond consultants asked that Council consider allowing Lake Municipal Utility District to advance refund those bonds or reorganize their financial structure. In the resolution, in addition to provisions contained in the resolution earlier to provide water, sewer and drainage would also be provision to refund previously issued bonds. Council was provided with two packets. one included a calendar of events and the other included a summary of the savings that Lake MUD would realize. This advance refunding provides for a refunding prior to when these bonds could be redeemed well in advance of the actual redemption date of 1991. What the consultants have done is provide for reduction in debt service for Lake MUD of an average of about $28,000 a year which in terms of tax rate translates into a savings of about $ .10 a year on the rate. This particular municipal utility district has a rather high tax rate at this time and this would obviously provide for some relief, and in addition would provide for their ability to issue additional bonds next year. Frank Ildebrando, another representative of Underwood, Neuhaus, reviewed what the advance refunding program provides. Mr. Ildebrando explained that in simple language what is being suggested is to refinance debt of the district. The district will be going out to issue bonds, taking the proceeds from that bond issue to pay off the old bonds. This is done by putting the new bond fund proceeds into an escrow account, asking the bank to handle the escrow account, and then the bank, in turn, takes over the payment of the old bonds. Simply, if the new bond issue's interest and principal is less than the interest and principal on the old bonds, there is a savings. The average interest rate on a new bond issue is estimated at approximately 11 %. That's about a 3.75% discount from the original issue. The amount of bonds is slightly higher, but the total debt service of the new bond issue is approximately $422,000 less than the old bond issue. When that is averaged over the life of the bond issue, that is approximately $27,000 to $28,000 savings a year. Built into the new issue are all expenses related to the refunding such as the underwriters expense, bond attorneys, printing costs, and other fees involved in the refunding. Mr. Ildebrando stated that the bond consultants had spoken with a number of attorneys in the field who are specialist and the whole process will be reviewed by the district's attorney, as well as Vinson, Elkins who is Baytown's bond attorneys. All the numbers will be reviewed by a Cer- tified Public Account. There will be a consensus that this will work. 40510 -8 Minutes of the Regular Meeting - May 10, 1984 In response to an inquiry from Council, the consultants stated that the holder of the old bonds will not be affected. Nothing will change in the city's posture relative to the annexation of Lake MUD, if anything it will be enhanced by the fact if that particular district is annexed, the city will be taking on a lower debt service. The same structure will be maintained as to when the bonds can be redeemed, and if the market improves at some later date, the bonds could be refunded again. Therefore, the refunding has been structured to allow the city to do whatever it likes relative to annexation. There will be no repercussions with Standard and Poors or Moody's for the city to authorize this refunding. In fact, this type refinancing has become quite common. In Texas, it has become more prevalent just recently because the state legislature has just in the last session adopted new laws which allow school districts to refund bonds. Mayor Cannon inquired if the bond consultants were representing the district or the city or both since the consultants happen to have both for clients. Mr. Catuzzi responded that when this was discussed with the Administra- tion, this question was addressed and since Underwood, Neuhaus also feels that this is an area where come caution should be exercised, the decision was made that Underwood, Neuhaus has enough arms length relationship with Tom Master- son and Frank Ildebrando working directly with the City of Baytown and Mr. Catuzzi representing the district on this. A long hard look has been taken to assure the most benefit to both parties. Mr. Catuzzi responded to an inquiry from the Mayor that he could find no reason that City Council should not approve the refunding. Mr. Ildebrando concurred. In fact, the question was raised within the company should this be a policy that the company would want to continue relative to future districts that are created and districts that are presently in place. The consultants feel that this is a policy that would provide greater flexibility to the district, along with savings to the city should the district be annexed. Mr. Lanham stated that the possibility of including a refunding provision in any future consent resolution has been discussed. Councilman Philips inquired if perhaps this refunding idea could be used just as effectively in City of Baytown bond issues. Mr. Ildebrando responded that Mr. Lanham had thought of this possibility and had already requested that the consultant work up possibilities which Mr. Ildebrando had done, but was not prepared to discuss at this particular meeting. What the consultants intended was to inform Council of the intent to amend the Consent Agenda and respond to any questions of Council. Then on May 24 they would ask that an item be placed on the agenda for Council to actually consider adoption of a resolution amending the original consent resolution. 40510 -9 Minutes of the Regular Meeting - May 10, 1984 Consider Request of Lake Municipal Utility District to Provide 'S'ewer Service to' 'a Church Outside' 't'he District Central Baptist Church has established a church north- west of the Lake Municipal Utility District. The church is outside the district, and the district's agreement with Baytown does not permit the district to service an entity outside of its boundaries with water or sewer service. The church has asked the district to provide water and sewer service; therefore, it is necessary for Council to approve the request of Lake Municipal Utility District in order for the district to be able to provide the sewer service. The same request will go before the Baytown Area Water Authority Board next week for the district to sell water to the church. The Administration recommended approval of the request. Councilman Johnson moved to approve the request of Lake Municipal Utility District to provide sewer service to the church; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, and Dickens Mayor Cannon Nays: None Discuss Dredging Operations Across from Roseland Oaks This matter was discussed at the last Council meeting. The Administration has requested copies of the permits issued regarding this dredging operation, but those copies have not yet been received. However, Mr. Lanham did discuss the situation with Mr. Johnny Jennings, the applicant, and invited him to attend, but he was unable to do so. Mr. Jennings indicates that at this time, he has no intention of putting a pipe yard or barge terminal at this location. In the past he did discuss with Hoesch the possibility of a barge terminal at that location to serve that company, but the company has decided to build its own barge terminal. Therefore, Mr. Jennings felt that the construction of a barge terminal at that location could be for the most part ruled out. Mr. Jennings said that the work being performed is to smooth up the area and make it more pleasing, but if anything else is contemplated, City Council would be the first to know. Dirt from this area was used for Spur 55 bridge. The Corps' permit is for a 300' X 300' slip and only about half the area that could be dredged under that permit has been dredged. Dale Calcarone Will Appear Dale Calcarone appeared to request that Council grant a variance to the city's regulations that require that licensed individuals perform electrical and plumbing work on commer- cial buildings. Mr. Calcarone would like to perform the electrical and plumbing work on buildings that he is in the process of purchasing. He stated that if he could obtain such a variance, he could save large sums on the refurbishing efforts presently in progress. However, when Mayor Cannon inquired about tax incentives, Mr. Calcarone said that that was not really what he needed, and that he did not mind paying taxes. 40510 -10 Minutes of the Regular Meeting - May 10, 1984 Mr. Calcarone complained that recently a building permit had been cancelled because of no noticeable improvement to the building, which he felt was not the case, since he had improved the roof on the building and made other adjustments. He made mention that no notices were forwarded to him, although the building permit was in his name. The City Attorney pointed out that the notice is required to be for- warded to the owner of the property as listed on the tax rolls and since the ownership of the property has never been transferred, notices are mailed to the owners as listed on the tax roll. Mr. Calcarone felt that the city could grant a variance in this case to help in the refurbishing of Texas Avenue. He made the point that homeowners are allowed to perform work on their own homes without the necessity of being permitted. Also, he mentioned that the inspectors could always require that any bad work be torn out. In response, Mr. Lanham pointed out that what could happen in a situation like that would be that the inspectors become teachers and have to spend an exhorbitant amount of time in the process. The main concern with a commercial establishment is the health, safety and welfare of the citizens who will be utilizing that building. Daniel Velez, owner of The Baytown Local, a weekly newspaper at 113 East Texas Avenue, acknowledged that one must have knowledge in order to be permitted, but most of the work is performed by journeymen or apprentices anyway. Sharon Marsh, property owner on Texas Avenue, indicated that not enough faith was being placed in the Inspection Department to point up poor quality work. Mayor Cannon assured Ms. Marsh that Council had every confidence in the abilities of the Inspection Department. That is not the question. The question is whether a variance should be granted to an individual to perform work on a building where the general public could be placed in jeopardy. Harold Murphy, Jr., master electrician, stated that he understands that there are persons for hire off the street for $4 an hour; however, he only hires licensed journeymen and apprentices to perform work for him. He travels from job site to job site and usually makes the rounds anywhere from two to three times a day. He verified that there would be no way possible for the city to furnish enough inspectors to inspect work performed by unlicensed indi- viduals. Besides that, if Council were to grant Mr. Calcarone an exemption, this would set a precedent and this practice would spread throughout the city. The fire insurance rates in the city have been reduced through the licensing procedures. Mr. Murphy felt that if Mr. Calcarone could perform the work of a master electrician, then he should become licensed. Jack Cramer, Chief Building Inspector, was present and stated that he had just viewed a film on what can happen if plumbing fixtures are hooked up improperly. What can happen is that raw sewerage can be caused to flow into the drinking water. Mayor Cannon inquired if Council wished to schedule a work session or suggest an item for a future agenda; Council made no response. 40510 -11 Minutes of the Regular Meeting - May 10, 1984 Consider Proposed Ordinance, Amending Code of Ordinances to Provide a Charge for Duplicate Releases The proposed amendment will provide a $25 charge for furnishing duplicate releases. Releases are provided by the city when a judgement or lien is paid in full and the individual is instructed to file the instrument with the County Clerk. Recently, there has been an increase in the request for duplicate releases, and in many cases, much time is expended in locating the file. The Administration recommended approval of the ordinance. Councilman Dickens moved for adoption of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3843 AN ORDINANCE AMENDING SECTION 2 -120 "PUBLIC RECORDS AND DOCUMENTS; FEE SCHEDULE FOR COPIES" OF THE CODE OF ORDIN- ANCES OF THE CITY OF BAYTOWN TO PROVIDE A CHARGE FOR DUPLICATE RELEASES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor Cannon requested that individuals be notified when the original release is mailed that should a duplicate record be necessary, a $25 fee is assessed. Consider Proposed Ordinance, Accepting Dedication of Riceland Road City Council gave preliminary approval to acceptance of the dedication of Riceland Road. The Planning Commission has recommended approval of the dedication. The street has been inspected and approved by the Engineering Department. 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 Dickens Mayor Cannon Nays: None ORDINANCE NO. 3844 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, ACCEPTING THE STREET EASEMENT DEDICATION BY BRIENWOLF, INC. AND THEO WILBURN; DIRECTING THE CITY CLERK TO FILE SAID DEDICATION WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 40510 -12 Minutes of the Regular Meeting - May 10, 1984 Consider Proposed Ordinance, Authorizing Change in Contract With Harris County Flood Control on the Bayway Drive /Baker Road Drainage Ditch P'r'oject The proposed ordinance will authorize a change in the contract with Harris County Flood Control on the Bayway Drive /Baker Road Drainage Ditch Project. As you recall, Harris County Flood Control requested the City to redesign the double 9' x 7' box transition on the east side of Bayway Drive. The redesign consisted of a realignment and five additional feet of transition box, including the reinstallation of the existing 9' x 10' grate inlet. All of the items in the redesign required additional concrete, reinforcing steel and form work. This additional work resulted in an additional cost of $13,830. The city's share of the total project with the change is $321,330. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3845 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING A CHANGE ORDER TO THE CONTRACT BETWEEN HARRIS COUNTY FLOOD CONTROL DISTRICT AND BAYTEX CONSTRUCTION FOR THE BAYWAY DRIVE /BAKER ROAD DRAINAGE DITCH PROJECT. Councilman Philips asked that the Administration barricade the grate for safety reasons. Consider Proposed Ordinance, Approving Payment of a Change Order on Rehabilitation Contract for 1112 Beech During installation of a new gas hot water heater, it was discovered that the gas line leaked. Tests indicated that the lines from the gas meter to the house and the lines inside the house were deteriorated. To meet the city's code and HUD's requirements, the line had to be replaced. The cost of the repairs totaled $905.18. The Administration recommended approval of the change order. The original bid was $9,290. With this change, the total change to the contract will be $1,645. Councilman Philips moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Dickens Mayor Cannon Nays: None 40510 -13 Minutes of the Regular Meeting - May 10, 1984 ORDINANCE NO. 3846 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT WITH JOHN KIDD FOR THE PLUMBING WORK PERFORMED ON HOUSING REHABILI- TATION PROJECT #83- 04 -18, 1112 BEECH. Consider Proposed Resolution No. 875, Establishing Baytown Transit Committee At the last Council meeting, Council requested that the Administration draft a resolution establishing the Baytown Transit Committee. The draft provides for a nine member committee to be appointed by Council for a term of one year. The committee shall cease to operate after one year unless extended by vote of City Council. The proposed resolution establishes goals and objectives of the committee. Councilman Philips moved for adoption of the resolution; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Dickens Mayor Cannon Nays: Councilman Johnson RESOLUTION NO. 875 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ESTABLISHING THE BAYTOWN TRANSIT COMMITTEE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Request of Burger King for a Median Cut Enlargement on North Alexander Burger King has requested an approximate 58 foot en- largement of the median cut. This area will be marked for a left turn lane. The Traffic Commission has recommended approval of the request, and the Administration concurs with that recommendation. The work will be performed at the expense of the owners of Burger King. Councilwoman Wilbanks moved for approval of the request of Burger King for a median cut enlargement on North Alexander; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Dickens Mayor Cannon Nays: None 40510 -14 Minutes of the Regular Meeting - May 10, 1984 Consider Request of Citizens Bank and Trust for Removal of the Median on Rollingbrook Drive Near Creekbend Drive Citizens Bank has requested the removal of the median on Rollingbrook Drive near Creekbend Drive to accommodate a new drive -in facility. The 125 feet that will be removed on the west side will be marked for a left turn lane. The Traffic Commission has recommended approval, and the Admin- istration concurs with that recommendation. Councilman Johnson moved to approve the request of Citizens Bank and Trust for removal of the median on Rollingbrook Drive near Creekbend Drive; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Dickens Mayor Cannon Nays: None Consider Authorization to Advertise for Bids to Replace an Aerial Lift Recently, the Planning and Traffic Department's aerial basket was damaged in a traffic accident. The basket is seven years old. The city collected $4,640 from the insurance company and the plans are to replace the truck with a new one. Since the lift has been damaged, the Administration would like to utilize the insurance money, as well as the $3,600 that had been included in the budget to transfer the old bucket to the new truck, plus $20760 from vehicle main- tenance funds to purchase a new aerial basket. The estimated cost of the new aerial basket is $11,000. The Administration requested permission to advertise for bids. Councilman Philips moved to authorize the Administration to advertise for bids for the purchase of a new aerial basket; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Dickens Mayor Cannon Nays: None Consider Authorization to Advertise for Bids to Have an Additional Axle Installed on Garbage Trucks The city began taking garbage to the new landfill on April 30. Last week the staff learned that the trucks are overloaded because they are equipped with a single axle rather than a double axle. Single axle vehicles are limited to loads of 28,000 pounds and much of the time, the city's vehicles have anywhere from 6 to 8,000 pounds more than that on them. State law was changed effective January 1 to permit the state highway department patrol to enforce weight limits inside the city limits on state highways. Therefore, even 40510 -15 Minutes of the Regular Meeting - May 10, 1984 if the trucks would not be traveling outside the city limits on a state highway, chances are that the city would have had to comply with this requirement. The highway that serves the new landfill in Chambers County is a farm to market road, and it appears that it was not constructed for the heavy traffic that it is getting. The state highway patrol has indicated an intent to enforce the load limits; therefore, the staff has been searching for solution to the problem. The manufacturer of the vehicles that the city uses has verified that an additional axle can be installed. The cost of modifying the side loading vehciles is $9,250 each. The city owns seven of those, but six are used on a regular basis. The staff is recommending that bids be taken to modify the six vehicles used on a regular basis. The cost to convert the rear loaders is about $4,200 each. The staff is recommending that four of those be modified. The total cost to make these conversions is about $72,000. The staff has investigated other possibilities such as a transfer station, but this would not be economically feasible since the estimated cost to install this equipment is in excess of $300,000, plus the annual operating costs. There is also the necessity of acquiring a state permit which takes anywhere from 6 to 12 months. The best solution seems to be the modification of the trucks, but in the meantime, the city will need to modify its loads to be in compliance. The solid waste budget has the funds necessary to modify the trucks. With the modifi- cations, the staff feels that about $35,000 will be saved on vehicle maintenance, $10,000 on the cost of landfill services and in unforeseen expenses, there is $41,000; there- fore, there should be enough funds available to perform this work. In response to an inquiry from Council, Mr. Lanham assured Council that any tickets issued due to overloads would be paid by the city and that tickets issued for this reason would not affect the drivers personal insurance record. Mr. Lanham said that presently the city is out for bids to purchase a new side loader and those bids have been modified to require two axles. Councilman Johnson moved to authorize the Administration to advertise for bids to have an additional axle installed on garbage trucks; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Dickens Mayor Cannon Nays: None 40510 -16 Minutes of the Regular Meeting - May 10, 1984 Consent Agenda Mr. Lanham requested that Item c, "Consider Proposed Ordinance No. 40510 -7, authorizing final payment for the 16" Sanitary Sewer under IH -10 at the rest stop, be removed from the consent agenda. In response to an inquiry from Council, Norman Dykes, Director of Engineering /Public Work, stated that most of the sliplining work being proposed along Sunset Drive will be in the street. Councilman Philips requested that Sunset Drive be included in the next list for street improvement. Council considered the Consent Agenda as follows: a. Proposed Ordinance No. 40510 -5, will award the contract for the 1983 Community Development Program -- Street and Drainage Improvements to Oakwood Street. Three bids were received. Angel Brothers, Inc. submitted the low bid of $45,486.75 on the base project, $5,767.50 on Alternate No. 1, and $8,100.00 on Alternate No. 2. This brought the grand total to $59,354.29. The basic proposal consists of the subgrade work, concrete pavement, concrete curb, storm drainage and site preparation. Alternate No. 1 consists of replacing the sanitary sewer main and Alternate No. 2 consists of replacing the existing water main. The budgeted amount for this project is $100,000. We recommend the basic proposal and both alternates be done. We also recommend that the low bidder, Angel Brothers, Inc. be awarded this contract. b. Proposed Ordinance No. 40510 -6, will award the contract for the 1983 -84 Sanitary Sewer Slip - lining- -Phase I. Two bids were received. Channel Construction Co., Inc. submitted the low bid of $39,200. The project consists of sliplining 1,600 linear feet of 6" and 8" diameter sanitary sewer line in Wynnewood Addition on Sunset Drive and 650 linear feet of 6" diameter line in the easement between E. Humble and E. Republic from S. Seventh St. east to SH 146. It has been determined that another 6" diameter line along Adams Ditch serving the residents in the 1500 -1600 block of Colby is badly in need of repair and Channel has been engaged on an emergency basis to proceed with sliplining this 595 linear foot segment. The estimated cost is $9,150 and it is recommended that this addition be handled as Change Order No. 1 to the contract to be authorized by City Council. Monies for the combined amount of $48,350 are provided in Revenue Sharing Funds, Entitlement XIII and XV. We recommend that the low bidder, Channel Construction, Inc., be awarded this contract and that the Change Order No. 11 dealing with the 6" line along Adams Ditch be included. 40510 -17 Minutes of the Regular Meeting - May 10, 1984 d. Proposed Ordinance No. 40510 -8, will authorize the final payment for the water main on Barkuloo, Crosby -Cedar Bayou and Hardin Road. The contractor, Baytown Construction Company, has completed the Barkuloo, Cedar Bayou- Crosby, and Hardin Roads water mains in accordance with the plans and specifications. The original contract amount was $107,585. The work performed to date comes to $115,047.30, this showing an overrun of $7,462.30. The overrun was the result of not having the correct amount of footage of augered construction under existing driveways and the rental of steel plates to cover holes in the pavement at Massey- Tompkins Road. The contractor has been paid $99,690.30, thus leaving a balance due of $15,357. This project is being funded from the 1981 Bond Program. We recommend a final payment be made to Baytown Construction Company, in the amount of $15,357. Councilman Philips moved for adoption of the Consent Agenda, Items a, b and d; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3847 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS, INC. FOR STREET AND DRAINAGE IMPROVEMENTS TO OAKWOOD STREET; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HERETO. (Proposed Ordinance No. 40510 -5) ORDINANCE NO. 3848 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH CHANNEL CONSTRUCTION COMPANY, INC. FOR THE 1983 -84 SANITARY SEWER SLIPLINING PHASE I PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 40510 -6) ORDINANCE NO. 3849 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO BAYTOWN CONSTRUCTION COMPANY FOR THE BARKULOO, CEDAR BAYOU- CROSBY AND HARDIN ROAD WATER MAINS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 40510 -8) For tabulations, see Attachments "A" and "B" respectively. 40510 -18 Minutes of the Regular Meeting - May 10, 1984 Mayor Announces Appointments to Baytown Housing Authority Board Mayor Cannon mentioned that there are three board members of the Baytown Housing Authority Board whose terms have expired - -Pete Alfaro, David Gunn and John Keller. Both David Gunn and John Keller are unable to continue to serve. Mayor Cannon appointed Pete Alfaro and Lamar Kelley to the board. Mr. Kelly will replace John Keller. Consider Appointments to Baytown Housing Finance Corporation Board Councilman Philips moved to appoint Pete Alfaro and Lamar Kelley to serve on the Baytown Housing Finance Corporation Board; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Dickens Mayor Cannon Nays: None Consider Appoin'tmen't 'to Auto Wrecker Committee Councilman Johnson moved to appoint Bob Willson to the Auto Wrecker Committee to replace Gary Walker; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Dickens Mayor Cannon Nays: None Consider Confirmation of Appointments to Plumbing Appeals and Advisory Board Mayor Cannon requested Council confirmation of the appointments of Monte Young and Lynn Seamons to the Plumbing Appeals and Advisory Board. Mr. Seamons will be taking Richard Worth's place on the board. Councilman Johnson moved to confirm the Mayor's appointments to the Plumbing Appeals and Advisory Board; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Dickens Mayor Cannon Nays: None Adjourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk M E M O R A N D U M Attach¢rent "A" May 2, 1984 TO: Fritz Lanham, City Manager FROM:�Norman Dykes, City Engineer /Director of Public Works SUBJ: 1983 Community Development Program: Street & Drainage Improve- ments to Oakwood Street - Job No. 8401 -19 Three bids were received for the street and drainage improvements to Oakwood Street. They are as follows: Angel Brothers, Inc. Buffalo Excavating & Paving, Inc. Hubco, Inc. Alternate Alternate Grand Base No. 1 No. 2 Total $45,486.75 $5,767.50 $ 8,100.00 $59,354.29 48,028.00 66,966.25 8,960.00 8,915.00 13,950.00 12,232.00 70,938.00 88,113.75 The basic proposal consists of the subgrade work, concrete pavement, concrete curb, storm drainage and site preparation. Alternate No. 1 con- sists of replacing the sanitary sewer main and Alternate No. 2 consists of replacing the existing water main. Angel Brothers, Inc. has satisfactorily completed two previous Commun- ity Development projects. The budgeted amount for this project is $100,000. I recommend the basic proposal and both alternates be done. I also recommend that Angel Brothers, Inc. be awarded this project. Copy to: Asst City Mgr City Clerk Legal ES /lc Attachnent "B" NEMDRAND —IM May 5, 1984 TO: Fritz Lanham, City Manager FROM: `;X Norman Dykes, City Engineer /Director of Public Works SUBJECT: 1983 -84 Sanitary Sewer Sliplining - Phase I Job No. 8404 -04 -- Contract Award Sealed bids were opened on April 30, 1984, for this project. Two bids were received as tabulated below. Channel Construction Co., Inc. $39,200.00 Shur -Flo, Inc. $64.750.00 The project consists of sliplining 1600 linear feet of 6" and 8" diameter sanitary sewer lines in Wynnewood Addition on Sunset Drive and 650 linear feet of 6" diameter line in the easement between E. Humble and E. Republic from S. Seventh St. east to SH 146. It is recomrended that the contract award be made to the low bidder, Channel Construction Co., Inc. It has been determined that another 6" diameter line along Adams Ditch serving the residents in the 1500 -1600 block of Colby is badly in need of repair and Channel has been engaged on an emergency basis to proceed with sliplining this 595 linear foot segment. The estimated cost is $9,150.00 and it is recommended that this addition be handled as Change Order No. 1 to the contract to be authorized by Council. Monies for the combined amount, $48,350.00, are provided in Revenue Sharing Funds, Entitlement XIII and X.V. Copy to: Asst. City Mgr. City Clerk Legal RS /sl s