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1972 11 09 CC MinutesZ) 110 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 9, 1972 The City Council of the City of Baytown met in regular session, Thursday, November 9, 1972, at 6:30 p.m., in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Tom Gentry Charles Pool * Jim McWilliams C. 0. Walker Allen Cannon C. Glen Walker Fritz Lanham Jon Pfennig Edna Oliver Howard NOrthcutt Absent: Neel Richardson Councilman Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Attorney City Clerk Administrative Assistant City Attorney Mayor Walker called the meeting to order and the invocation was offered by Reverend James Coffey, Second Baptist Church. A22r0ve Minutes Mayor Walker called for consideration of the minutes of the meeting of October 26. Regarding Wye Drive extension, Councilman Walker had requested an estimate be prepared for the cost of construction using City forces. With that correction, he moved to approve the minutes; Councilman Pool seconded the motion. The vote was unanimous in favor. Mayor Walker called for consideration of the minutes of the special meeting of October 31. Councilman Lander moved to approve the minutes as printed; Councilman Walker seconded the motion. The vote was unanimous in favor. Councilman Walker suggested the minutes should be more detailed. Youth Appreciation Week In observance of Youth Appreciation Week, Mayor Walker recognized a group of Junior Opti- misses from Ross Sterling High School attending the Council Meeting. City Manager's Report Mr. Lanham introduced Mr. Bill Cornelius, Baytown's new Director of Planning; he is also responsible for the traffic engineering function. The sign shop has been moved to the department of Planning, and a recommendation may be forthcoming to rename the department, "Department of Planning and Traffic." The contract between Baytown and Harris County, for joint participation of Baker Road and Park Street improvement was officially approved by Commissioners' Court today. Capital Improvements_ Programs, Status Report" Perimeter Road - The road is approximately 12% complete; 3,000 feet of the roadway has been built up to 7 -foot elevation. Two cross -drain culverts have been installed. West Main Treatment Plant expansion - The contractor has made the first concrete pour for the lift station at the plant. Excavation is underway for the clarifier - aeriation basin; the shell base is being placed in preparation for the concrete foundation. Contract #2, Sanitary Sewer Improvements - Bids will be received November 21 for the five ( 5) lift stations. Contract #3, Sanitary Sewer Improvements - Bids will be received November 28 for the sewer lines in this contract. Contract #4, Water Line Improvements - The contractor is 90% complete with Contract #4 and should be finished in one week, weather permitting. JJ17 Regular meeting, November9, 1972 Water Well - Decker Drive - The pjmp has been set and the motor is in place. The engineer has staked the location for the pump house and fence. Parks & Recreation Department - The storage building is 95% complete. Defee and Sterling Street Improvement - Mr. Lanham expects the appraiser's estimate next week for purchase of needed right -of -way to make Defee and Sterling east -west thoroughfares. Wye Drive - Bids will be advertised next week for this project. ---------- �7 Animal Shelter - Outside work on the building has been completed. Work on the interior walls will begin next week. Phase II of Street Improvements p - ailey street has been completed; west Cleveland - 55% complete; Humble - 45% complete; Yupon - 60% complete; Fortinberry -25% complete. " Police Building - Brick is being placed on the outside of the building. The slab for the jail area has been laid. Masonry work inside the building is in process, and the plumbers, electricians, & sheet metal workers are proceeding as areas are made available to them. Consider Proposed Ordinance 21109 -1, Award Bid for Construction of Sidewalks and Plaza for the Fountain Complex Because the expenditure for construction of sidewalks and plaza for the fountain complex is under $2,000, informal bids were taken. Riggs Construction Company $1850.00 (approx. 48� per square foot) O. B. Bundage $1012.50 ( " 25G ) Franks & Son ( If 55G 91 ) Mr. Lanham recommended awarding the bid to 0. B. Bundage. This is labor only, and the City will furnish materials. Approximately $3,000 was allowed in the budget for this project. Councilman Lander moved to accept the bid of Bundage and adopt the ordinance as recommended. Councilman Walker seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF O.B. BUNDAGE FOR LABOR FOR CONSTRUCTION OF SIDEWALKS AND PLAZA BETWEEN CITY HALL AND COMMUNITY BUILDING AND AUTHORIZING THE PAYMENT BY THE CITY OF $.25 PER SQUARE FOOT FOR APPROXIMATELY 4050 SQUARE FEET OF CONCRETE WITH REGARD TO SUCH ACCEPTANCE. Proposed Ordinances 21109 -2 and 3, Award Bids on Trucks and Truck Bodies Bids were received Wednesday for eight (8) trucks for various city departments. The tabulation follows: Trucks for Packer Bodies - (Refuse Department) Quanti.q Total Less Trade In TOTAL BID HUGH WOOD FORD 2 $12,760. 42 (2- 1968 Fd w/ Heil Body) $5,000 $7,760.42 LUMUS BAYTOWN DODGE 2 $11,031.14 011""""" $3,500. $7,531.14 Wood Lumus Options: Low Cab Forward $6,767.45 $5,534.17 Transportation charges: Model: Warranty: Delivery: (San Ant) $227.00 (Dallas) 202.00 (Houston) 216.00 (Cleburn) 207.00 F755 & LN 754 12 mos or 12,000 70 days 183.00 162.00 182.00 174.00 D -800 12 mos or 12,000 mi 120 to 150 days (* *Dailey Street was carried over from 1971 St. Improvement Program) r 5320 Regular meeting, November 9, 1972 (B) Truck for Stake Body (Water Distribution) Trade In: 1 -1965 Fd ftoni (E) One Pickup for Sewage Treatment Dept..Trade In: one 1965 dodge & Ond Pickup for Parks Department one 1965 Ford Quanitity Total Less Trade -In TOTAL NET BID HUGH WOOD FORD 2 $5,164.92 $ 50.00 $5,114.92 LUMUS BAYTOWN DODGE 2 $5,078.80 $105.00 $4,973.80 WOOD _LUMUS Model: 1973 Ford F100 Dodge D100 Warranty: 12 mos or 12,000 mi 12 mos. or 12,000 mi Delivery: 45 days 90 days * 6-cyl. factory air, ** Alternate Bid: $5,588.50 cond. not available (Dealer - installed air cond) (A) Mr. Lanham recommended accepting the low bid of Lumus Baytown Dodge, without trade in, for a price of $11,031.14, and trading in the two (2) 1968 Fords with Heil Bodies to Davis Truck & Equipment Company, as they will give the City a better price. (B) Mr. Lanham recommended accepting the low bid of Lumus, without trade in, for a price of $30012.30, and selling the 1965 ford 1 -ton at City auction. (C) Mr. Lanham recommended accepting the low bid of Lumna, without trade in, for a price of $2,513.65; and selling the 1965 Ford at City auction. (D) Mr. Lanham recommended accepting the low bid of Lumus, without trade in, for a price of $5,899.90, and selling the two 1966 Dodges at City auction. (E) Mr. Lanham recommended accepting the low bid of Lumus, without trade in for a price of $5,078.80, and selling the 1965 Dodge and 1965 Ford at City Auction. General Discussion followed concerning the two bids received, and the recommendations made to sell the old vehicles at City auction. Councilman Walker requested the Administration prepare a list of vehicles sold at last year's auction, showing the model and selling price. Mr. Don Cooke, Purchasing Agent, requested Council award the bids on packer podies before setting a total purchase price in the ordinance for the trucks; the trucks will be delivered to the assembly plant of the body manufacturer, and this could alter the bid on the trucks by the amount of difference in the freight rates. Councilman Gentry moved to adopt proposed Ordinance No. 21109 -2, awarding the bid as recommended. Councilman Lander seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Quantity Total Less Trade -In TOTAL NET BID HUGH WOOD FORD 1 $3,104.67 $ 250.00 $2,854.67 LUMUS BAYTOWN - - - - - - - DODGE 1 - - - - - - - $3,012.30 - - - - - - - - - 110.00 - - - - - - - - - - - 2,902.30 - - - - - - - - - - - (C) One Pickup for Humane Department.. Trade In: one 1965 Ford Quantity Total Less Trade In TOTAL NET BID HUGH WOOD FORD 1 - $27552.74 $ 50.00 $2,502.74 LUNDE BAYTOWN - - - - - - - DODGE 1 - - - - - - - $2,513.65 - - - - - - - - - 75.00 - - - - - - - - - - - $2,438.65 - - - - - - - - - - - (D) Two Pickups for Inspection Dept. Trade In: two 1966 Dodges Quantity Total Less Trade -In TOTAL NET BID HUGH WOOD FORD 2 $5,656.32* $ 450.00 $5,206.32 LUMUS BAYTOWN - - - - - - - DODGE 2 - - - - - - - $5,899.90 ** - - - - - - - - - 325.00 - - - - - - - - - - - $5,574.90 - - - - - - - - - - - (E) One Pickup for Sewage Treatment Dept..Trade In: one 1965 dodge & Ond Pickup for Parks Department one 1965 Ford Quanitity Total Less Trade -In TOTAL NET BID HUGH WOOD FORD 2 $5,164.92 $ 50.00 $5,114.92 LUMUS BAYTOWN DODGE 2 $5,078.80 $105.00 $4,973.80 WOOD _LUMUS Model: 1973 Ford F100 Dodge D100 Warranty: 12 mos or 12,000 mi 12 mos. or 12,000 mi Delivery: 45 days 90 days * 6-cyl. factory air, ** Alternate Bid: $5,588.50 cond. not available (Dealer - installed air cond) (A) Mr. Lanham recommended accepting the low bid of Lumus Baytown Dodge, without trade in, for a price of $11,031.14, and trading in the two (2) 1968 Fords with Heil Bodies to Davis Truck & Equipment Company, as they will give the City a better price. (B) Mr. Lanham recommended accepting the low bid of Lumus, without trade in, for a price of $30012.30, and selling the 1965 ford 1 -ton at City auction. (C) Mr. Lanham recommended accepting the low bid of Lumna, without trade in, for a price of $2,513.65; and selling the 1965 Ford at City auction. (D) Mr. Lanham recommended accepting the low bid of Lumus, without trade in, for a price of $5,899.90, and selling the two 1966 Dodges at City auction. (E) Mr. Lanham recommended accepting the low bid of Lumus, without trade in for a price of $5,078.80, and selling the 1965 Dodge and 1965 Ford at City Auction. General Discussion followed concerning the two bids received, and the recommendations made to sell the old vehicles at City auction. Councilman Walker requested the Administration prepare a list of vehicles sold at last year's auction, showing the model and selling price. Mr. Don Cooke, Purchasing Agent, requested Council award the bids on packer podies before setting a total purchase price in the ordinance for the trucks; the trucks will be delivered to the assembly plant of the body manufacturer, and this could alter the bid on the trucks by the amount of difference in the freight rates. Councilman Gentry moved to adopt proposed Ordinance No. 21109 -2, awarding the bid as recommended. Councilman Lander seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None 5321 Regular meeting, November 9, 1972 ORDINANCE NO. 1293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF LUMUS BAYTOWN DODGE FOR EIGHT TRUCKS AND AUTHORIZING THE PAYMENT OF THE SUM OF TWENTY SEVEN THOUSAND FOUR HUNDRED NINETY FIVE DOLLARS AND 79/100 ($27,495.79) WITH REGARD TO SUCH ACCEPTANCE. The tabulation of bids received November 1 for three (3) miscellaneous truck bodies follow: Garbage Collection Bodies (Refuse Dept) (F) Bidder Quantity Less Trade In TOTAL PRICE Davis Truck & Equip Co 2 '68 Ford w/ Heil Body: $3,000 '68 Ford w/ Heil Body: $3,250.00 $6,250.00 Model: Heil - Colectomatic Mark III Plant Loc: Milwaukee, Wisconsin Body Mounting Location: Dallas, Texas Parts & Service: Houston, Texas TOTAL NET BID: Delivery: 10 ays Garwood - Houston Company NO BID Platform Body (Water Distribution) (G) Quantity Total Price Davis Truck & Equip. Co. 1 No Bid $10,900.00 $ 4,650.00 NO BID Garwood - Houston Co. 1 $499.00 Model: Knaphide Body Mounting Loc: Houston, Texas Parts & Service: Houston, Texas Warranty: One (1) year 7 Delivery: 30 days (F) Mr. Lanham recommended accepting the bid of Davis Truck & Equipment Company, with trade -in, for a total purchase price of $4,650. (G) Mr. Lanham recommended rejecting the bid of Garwood for the one platform body because the city can purchase a better body at about the same price. Councilman Cannon moved to accept the Administration's recommendations, adopting Ordinance No. 21109 -3, Councilman Lander seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DAVIS TRUCK & EQUIPMENT COMPANY FOR THE PURCHASE OF TWO PACKER BODIES FOR THE CITY OF BAYTOWN REFUSE TRUCKS AND AUTHORIZING THE PAYMENT OF THE SUM OF FOUR THOUSAND SIX HUNDRED FIFTY AND N01100 ($4,650.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Consider Method of Financing Conversion to Surface Water Council met in a work session October 31 with Fiscal Advisor, Tom Masterson, in regard to methods of financing conversion from underground water to surface water. It was Mr. Masterson's opinion that Council should consider this matter at an early date because one of the methods would require passage of legislation. It will be necessary.,to construct a water treatment plant at a cost of several million dollars, so the City will need a method of financing this. *(Councilman McWilliams present) One method discussed is for the City to issue water revenue bonds. The advantages of this method are: (1) established procedure, (2) direct control and management over the system, (3) voters will vote directly on the bonds and (4) Council will approve the bond sale. One disadvantage to this method is that the City must maintain 1.5 times the money needed for operation expenses of the system. Regular meeting, November 9, 1972 5322 Another method discussed is the possible formation of a water authority, which has the following advantages: (1) could serve an area lerger than the area within the City Limits, thus giving more control over subsidence, (2) the economy in serving an area larger than the City, (3) lower financing costs for the area outside the city, (4) water rates may be less (5) voters approve a contract for purchase of treated water rather than voting on bonds, (6) control would remain with the City Council (a board of directors may be appointed) and could require approval of all actions of the water authority, (7) the district will have no ad valorem taxing power, (8) the City would not be required to maintain the 1.5 coverage as with revenue bonds. However, this method will require legislative action to create the district, and Mr. Lanham recommended this route be pursued by the employment of a law firm experienced in developing legislation for the creation of a district of this kind. Councilman Walker moved authorization to contact an experienced law firm to find out the expense and what is involved in developing legislation. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None In keeping with the proposed timetable for conversion to surface water, Mr. Lanham requested guidance regarding an engineering firm to study and report all expenses involved in the installation of surface water as a workable system in Baytown. Councilman Walker moved authorization to contact such a firm so Council will have some idea of the cost. Councilman Pool seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Mayor Walker suggested the firms Mr. Lanham will contact be requested to explore the possibility of the water authority involving not only water distribution, but water treatment, or sewage treatment; as the City will probably be responsible for the quality of the effluent. The firms could suggest how to best handle that responsibility. Garth Road - Engineering Estimate and Advertise for Bids, Wye Drive-- Advertise for Bids The engineering estimate for Garth Road is* 530,000 for construction of the roadway, storm sewers, and adjustment of utilities. Mr. Johnny Busch, consulting engineer indicated this amount is within moneys voted in the bond issue. He requested authorization to advertise for bids on Garth Road, and also to advertise for bids on Wye Drive extension.. These will be two separate projects, but.�the combination will enhance the competition. Being separat @rprojects, Council will have the option of awarding the bid on Wye Drive or authorizing City forces to construct the extension; this will not be connected with the Garth Road project. Councilman Lander moved authorization to advertise for bids on Garth Road and Wye Drive at the earliest possible date; Councilman Gentry seconded the motion. Parks & Recreation Advisory Board - Request to clean, level & plant trees on city property Mr,Wayne Gray, Chairman of the Parks & Recreation Advisory Board, requested permission to clean, level, and plant some trees on the City property located at West Texas Avenue Bridge and Goose Creek Stream. In the future when Goose Creek Stream is cleaned up, this property will provide access for public use. Mr. Gray pointed out this will not be a dedicated park. The work will be done with Parks Department workers and within the budget structure. Councilman Walker moved to grant permission as requested; Councilman Cannon seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Authorize Bids for Parks Improvements Mr. Jim Hutchison, consulting engineer, reviewed the plans for Phase I development of the Baytown Sports Complex, a 30 -acre tract north of Sterling High School. Because of lack of funds for financing the 50 -meter pool as originally approved by Council, Mr. Hutchison recommended substituting a 25 -meter pool with 3-�' - 5�' depth for recreational, instructional and competitive swimming. Discussion followed as to ways to finance an additional $50,000 which is needed.for the 50 -meter pool. Because the Complex is being developed with matching federal funds, Mr. Lanham stated the Revenue Sharing Funds could not be used for this purpose. Mr. Gray stated that all possibilities for financing the larger pool had been explored, and that the 25 -meter pool would be sufficient. ** Garth Road - see revised estimate given at meeting of November 30. 5323 Regular meeting, November 9, 1972 Approval of these plans must be received from the Bureau of Outdoor Recreation before bids may be advertised. Councilman Gentry moved authorization to advertise for bids on the Baytown Sports Complex, contingent upon BORIS approval; Councilman Walker seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, McWilliams, and Walker Nays: Councilman Cannon, Mayor Walker The Department of Housing & Urban Development has approved plans and authorized advertising for bids on the following three parks. Council authorization is needed. (1) Westwood Park (Located on Schreck St, cost approximately $62,000) (2) Tejas Park (Located at the end of Hafer St, cost approximately $36,000 (3) Duke Hill Park (Located on Barrymore Street near South Main, cost approximately $44,000 Mr. Hutchison reviewed the plans for development of these parks; HUD has approved a total development cost of $128,000. Councilman Lander moved authorization to advertise for bids; Councilman Gentry seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Because the Roseland Dock area is an existing facility, federal funds cannot. be used for improvements. This was included in the 1970 Bond Program, and provides for shelters (havelmen purchased) and repair of the boat landing and ramp at a cost of $18,000. Councilman Gentry moved to authorization to advertise for bids on the improvements as reviewed by Mr. Hutchison; Councilman Lander seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None The construction of a play slab at McElroy Park was included in the 1970 Bond Program. Mr. Hutchison estimated the cost to be $3,000. Councilman Lander moved authorization to advertise for bids; Councilman Pool seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Annexation - 24% Helmerich - Payne, Inc. - First Reading As per their contract with the City of Baytown, 24% of Helmerich & Payne,. Inc., will be annexed following five (5) years' operation in Baytown. Councilman Walker moved to adopt Proposed Ordinance No. 21109 -4 annexing the 24% on first reading; Councilman Pool seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1295 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Priorities — Revenue Sharing Funds Baytown has been allocated $421,934 Revenue Sharing Funds for the year 1972. One -Half this amount will be received in December and the remaining half in January. The funds must be spent within 18 months and may be used only for the following priority expenditures: Regular eating, November 9, 1972 (• 5324 Ordinan and necessary maintenance and operating expenses for: a. Public Safety (fire protection, law & building code enforcement) b. Environmental protection (sewage disposal, sanitation, pollution abatement) c. Public transportation (transit systems, streets & roads) d. Health e. Recreation f. Libraries g. Social services for h. Financial administration. - the poor and aged Ordinary and necessary capital expenditures authorized by law. Proposed Resolution No. 422 Will establish priorities and Proposed Ordinance No. 21109 -5 is an appropriations ordinance for the Revenue Sharing Funds. Mr. Lanham presented for Council consideration the following priorities for the entire $421,934. 1. Street Improvements - $367,682. This will build approximately six miles of streets. 2. Fire Service - $30,135. Bonds funds were voted in 1965 to build Station #6, however funds were not allocated for purchase of land. Mr. Lanham recommended $10,000 be designated for the purchase. To provide manpower (6 men) and recurring expenses for the station during the last three months of the fiscal year 1972 -73, $18,970 will be required; this amount is not available in the present budget. 3. Infiltration Abatement Crew - $10,295. Add two maintenance workers to the present crew for a 9 -month period.. This will provide wages and fringe benefits. 4. Library Service to the Elderly - $13,822. Initiate service to the home bound elderly, unserved nursing homes, and housing developments for the aged, in addition to nursing homes presently being served. This will provide one professional staff member, one page, automobile allowance, vehicle maintenance and purchase special materials for the elderly. Regarding the infiltration abatement crew recommendation, Councilman Pool suggested that rather than hiring two additional workers, the employment of an engineering firm to make smoke tests would be more effective in determining the magnitude of the infiltratio problem throughout the City. In discussion of the recommendation for fire service, several Councilmen were hesitant to add employees with revenue sharing funds, as this could possibly obligate future budgets. However, Council offered no objection to the amount designated for purchase of land and equipping the proposed fire station. Following general discussion, Councilman McWilliams moved to adopt Resolution No. 422 setting priorities; Councilman Gentry seconded the motion. Mr. Lanham stated he would present more specific recommendations regarding the infiltration crew after further study, and would delay the personnel portion of the fire service. Councilman Walker requested the additional personnel in the Library service be delayed also. For clarification, Councilman McWilliams stated his motion included the library service as recommended. Mayor Walker explained this resolution will only set priorities. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, and Cannon Mayor Walker Nays: Councilman Walker Mayor Walker called for consideration of Proposed Ordinance 21109 -5, which will set up the general categories for revenue funds; its adoption does not necessarily mean the Administration will expend all of the allocated funds as recommended - especially in matters of personnel. The Council may want to explore this matter further. Councilman Gentry moved to adopt the proposed ordinance; Councilman Lander seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None RESOLUTION NO. 422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DETERMINING PRIORITIES FOR THE EXPENDITURE OF GENERAL REVENUE SHARING FUNDS. ORDINANCE NO. 1296 AN ORDINANCE APPROPRIATING THE SUM OF FOUR HUNDRED TWENTY ONE THOUSAND, NINE HUNDRED THIRTY FOUR DOLLARS ($421,934.00) OUT OF THE FEDERAL REVENUE SHARING FUNDS FOR THE PAYMENT OF CERTAIN OPERATING EXPENSES AND CAPITAL OUTLAYS OF THE CITY OF BAYTOWN. Regular meeting, Noveliber9, 1972 Adopt 197= Street Improvement Program Mr. Lanham presented for Council consideration a list of recommended streets to be improved under the 197--.7 Street Improvement Program. The streets are grouped as per means of financing the improvements. The first group is prepared based on the 1965 Master Thoroughfare Plan, and will be financed with Revenue Sharing Funds. Lobit Thoroughfare North Burnett collector East Pearce to Rollingwood of Cedar Bayou- Crosby of 7 Elvinta to Morrell Residential Massey Tompkins of Cypress " Texas Avenue & Bayou Drive It TOTAL 5.83 miles $364,000.00 Following general discussion, Mr. Lanham presented the second group, which will be financed with Budgeted Funds. Adams Graham Katherine Dwinnell Stella Holly Dallas Bolster Utah South Jones Kern Michigan West Humble South Whiting TOTAL 3.48 miles $273,847.00 �r 3 The third group will be financed with budgeted funds provided Council approves the garbage disposal rate increase. Dale American Monroe Fort Worth Barrymore Jefferson Marian California North Second Madison TOTAL 1.71 miles $139,375.00 }} 1 �.1 The fourth group will be financed with budgeted funds for maintenance, and work will be done with City forces. Neal Mabry Dyer Bowie Fanestiel Avenue J Carlton Donovan Avenue K Arkansas Beaumont Avenue L Dorxis Oakwood Lincoln Lindberg Harbor TOTAL 3.34 miles $215,557.00 Councilman Gentry moved to approve the list of streets for repair as presented; Councilman Pool seconded the motion. Mr. Lanham will present detailed plans and specifications for the improvements at a later date, and authorization for advertising bids will be requested at that time. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Proposed Oridnance No. 20928 -2, Change rate for removing & disposing of garbage & Refuse As requested by the Council during the meeting of September 2, Mr. Lanham has prepared several methods used to determine the charge for garbage & refuse disposal. The vollowing methods were based on a TML study of 279 cities: 1. Uniform charge - same charge for all residential customers. 2. Collection time- charge based on actual loading time. 3. Front footage of property served - based on assumption that owners of large properties can afford to pay larger service fee than owners of smaller properties. 4. Number of receptacles - commonly used for commercial charges; however, no Texas cities have instituted this method. Regular meeting, November 9, 1972 Mr. Lanham outlined several alternatives Council may take in this matter. 1. Leave the rate as is, and amend the budget accordingly. 2. Increase the rate as proposed - uniform charge of $2.50. 3. Adopt a rate smaller to that used in the City of Sherman, which is a basic charge of $2.00 per month, and an additional charge for more than two containers. 4. Mr. Lanham felt a workable solution, applicable to citizens of 65 with one 30- gallon container each collection day, would provide for those persons to come to city shall and sign a statement indicating they are over 65 and will not have more than one container per collection day. This plan would require little beekeeping. Councilman Cannon moved to accept alternate $4 for the present time, leaving the rate at $1.75 for those 65 or older, who will sign a statement that they normally have one container each collection day; in addition, the Administration was asked to present, in the next 2 -3 months, someaapplicable or necessary rates to support the garbage system and sewerage system based on a water consumption basis. Councilman Walker seconded the motion. The constitutionality of the method was questioned. Mr. Pfennig explained that the basis for the exemption must be able to stand on its facts; if the basis for exemption is not true, or rebuttable, the ordinance would be subject to an equal protection challenge. For clarification, Councilman Cannon explained the basis for his motion was that erpersons 65 or older normally have smaller families, thus less garbage. Councilman McWilliams, explained his opposition to the increase is based on accumulated date indicating 418 of Batywon's population is at the poverty level or below. Although the proposed solution will benefit the elderly (approx. 188), this will not effect others who cannot afford the increase. He proposed the garbage rate not be increased for anyone, and that the needed additional revenue be derived from another source, i.e., swimming pools. Mr. Refugio Martinez suggested the rate for commercial disposal should be increased in conjunction with the residential increase. Mr. Clarence Johnson, Texas Water Quality Board, stated that approximately 808 of the charge for garbage service pays for the pick -up; its costs the same to pick up one can as two, and that the rates should be uniform. He further stated that Baytown 'a charge for disposal at the landfill for private or commercial haulers is 250 per cubic yard; all other landfills in this area charge 500, and that Baytown's rate should be competitive. Mr. Lanham indicated an ordinance increasing this particular charge could be prepared if Council desires. For clarification, Councilman Cannon stated the intent of his motion was to adopt Proposed Ordinance No. 20928 -2A, increasing the rate and exempting those over 65 with one container. Discussion continued, and Councilman Gentry moved to end debate; Councilman Pool seconded the motion: Ayes: Councilmen Lander, Gentry, pool, Walker and Cannon mayor Walker Nays: None Abstain: Councilman McWilliams The vote on the original motion to adopt the ordinance follows: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Nays: Mayor Walker, Councilman McWilliams ORDINANCE.NO.1297* AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 14, GARBAGE AND TRASH, SECTION 14 -24, CHARGE FOR ' COLLECTION, TO REPEAL THE PROVISIONS OF SUCH SECTION AS PRESENTLY CONSTITUTED AND TO SUBMIT IN ITS PLACE A NEW SECTION 14 -24; REPEALING ORDINANCES INCONSISTENT HEREWITH, CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Pr000sed Resolution No. 419 - Law Enforcement Radio Communication in the H GAC Region When the budget wag considered, an amount of money was placed in the Police Department's budget for the City of Baytown's share of the cost of the Houston- Galveston Area Council's Law Enforcement Radio Communications Program. The HGAC is ready to make application to the Criminal Justice Council for federal funding of a portion of this and they are requesting a resolution from the City of Baytown saying that we have our share in the budget, which is $28,800. Police Chief John Wilkinson explained the HGAC is requesting grants to re -vamp the radio system for this area and all over the state. This will be a completely new system for the entire area. Councilman Cannon moved to adopt the Proposed Resolution 419, Councilman Pool seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None 73G/ RESOLUTION NO. 419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE SUM OF APPROXIMATELY TWENTY EIGHT THOUSAND EIGHT HUNDRED DOLLARS ($28,800.)) WILL BE AVAILABLE AS THE CITY OF BAYTOWN'S PORTION OF THE MATCHING FUNDS, WHEN REQUESTED. Initiate "Total Impact" plan for Police Department The City Council recently authorized purchase of thirteen - new police vehicles. At that time, Mr. Lanham recommended that no vehicles be traded in as he would have a recommendation as to their disposition at a later date. Having studied the Total Impact Plan with Chief Wilkinson, Mr. Lanham recommended the Police Department phase into this plan. The vehicles would be assigned to policemen under the rules outlined by the Chief. The purpose of this arrangement is to provide better coverage of the City and improved communications. Officers using the cars would be on call at all times. Chief Wilkinson explained the plan will provide a quicker response in times of emergency, and will tend to keep the Police budget from rising wo rapidly. Each officer will be responsible for maintenance on his car, and officers living outside the City limits will not be assigned a car. Councilman Gentry moved to initiate the Total Impact Plan; Councilman Cannon seconded the motion. Following general discussion for clarification of the plan, Mayor Walker called for the vote: Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Police Cadet Program Proposed Resolution No. 420 will authorize the Chief of Police to make application to the Texas Criminal Justice Council for a grant in the amount of $28,800 in order to continue the Police Cadet Program. Councilman Pool moved to adopt the resolution. Councilman Gentry seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None 7 RESOLUTION NO. 420 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CHIEF OF POLICE OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR THE RENEWAL OF THE POLICE CADET PROGRAM GRANT IN THE AMOUNT OF TWENTY EIGHT THOUSAND, EIGHT HUNDRED DOLLARS ($28,800.00). Resolution No. 421 - Grant for Pelly and Tejas Parks Mr. Lanham has been advised that funds have been approved for Pelly and Tejas Parks from HUD. A resolution is required indicating Council accepts the grant, and providing for the execution of a contract. Councilman Walker moved to adopt the resolution; Councilman McWilliams seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None RESOLUTION NO. 421 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BFI TOWN, TEXAS, APPROVING AND PROVIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR GRANT TO ACQUIRE AND /OR DEVELOP LAND FOR OPEN -SPACE PURPOSES. Unfinished Business On August 15, 1972, Dr. Alton Laird of the Planning Commission, requested and was granted permission to have an ordinance prepared amending the requirements for replatting. The amendment would give the Commission authority to approve minor changes in lots in recorded subdivisions without the consent of every lien holder in that particular subdivision. However, the proposed amendment is still in committee. Mr. C. B. Chatham appeared in relation to this because of a house he has started building, and cannot finish as it is too large for his lot. He asked if there was any way he could be allowed to go ahead with his plans and build the house. Mr. Pfennig explained Council has no 5328 Regular meeting, November 9, 1972 authority to waive an existing ordinance, and until the amendment is adopted by Council, Mr. Chatham would have to follow the existing steps for replatting. Councilman Gentry requested a report from the Planning Commission as to why this situation has been allowed to lay dormant for this length of time. Mayor Walker suggested the Council's feeling of urgency in this matter should be relayed to the Commission, and that if possible, the Commission's committee should have recommendations at their next meeting on November 20, so that the amendment may be presented at the next Council meeting, November 28. Temporary Park - Dale and Sheridan Mr. Lanham has studied plans for the vest pocket park on Sheridan Street, which was authorized at the last Council.. meeting. The ditch will be retained and moveable playground equipment will be placed there. This may be developed as a mini -park for small children. Adjourn Councilman McWilliams moved to adjourn to an executive session; Councilman Cannon seconded the motion. The vote was unanimous in favor and the meeting adjourned. ATTEST: Belinda Bingham, Depu City Clerk r C. c.Ie� r" C. GLEN WALKER, Mayor