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1976 05 27 CC Minutes6107 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 27, 1976 The City Council of the City of Baytown, Texas, met in regular session Thursday, May 27, 1976, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Councilman Jack Kimmons Councilman *Ted Kloesel Councilman Mary E. Wilbanks Councilwoman Emmett Hutto Councilman * *Tom Gentry Mayor Fritz Lanham City Manager Neel Richardson City Attorney Eileen P. Hall City Clerk Dan Savage Assistant City Manager Absent: Allen Cannon Councilman Mayor Gentry called the meeting to order and the invocation was offered by the Reverand John L. Bates, Pastor of Mount Rose Baptist Church. Approve Minutes Councilman Hutto moved approval of the minutes of the regular meeting of May 13, 1976, and ratification of actions taken at said meeting; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks and Hutto Mayor Gentry Nays: None Petitions Mr. James C. Sanders, a resident of the Massey Tompkins Road area, presented a petition to City Council by the Citizens of Baytown, Residents and Property Owners of Massey Tompkins Road, requesting that the speed limit on Massey Tompkins Road be more stringently enforced. Councilman Lander moved to accept the petition and refer same to the Administration for study and recommendation to Council; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks and Hutto Mayor Gentry Nays: None *Councilman Kloesel present. Mr. David Elmore, Sr., a resident of Central Heights and President of the Central Heights Civic Club, presented a petition requesting that some of the Revenue Sharing Funds, received by the City of Baytown, be used to install a sewer drainage system within the Central Heights Subdivision to alleviate its present drainage problems. Councilwoman Wilbanks moved to accept the petition; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Mayor Gentry paused to ask that anyone desiring to speak during the hearing on Revenue Sharing Funds register on the list provided in the hall for that purpose. 6108 Minutes of the Regular Meeting - May 27, 1976 City Manager's Report The Texas Water Quality Board held a hearing on some deficiencies in the City's sanitary sewer system on February 12, 1976, and as a result of that hearing and discussions with the Water Quality Board staff, the hearing commission developed a recommendation for the Water Quality Board, which was considered by that Board in Austin today. City of Baytown representatives attended that meeting; two changes were requested and granted. The City's representatives indicated that the city would be able to comply with this order of the Texas Water Quality Board. Mr. Lanham reviewed with Council what the City has committed itself to do with regard to the Texas Water Quality Board's recommendations: 1. By not later than August 1, 1976, the City of Baytown shall have operational at the East District Sewage Treatment Plant eight additional sludge drying beds. The hearing commission recommended a date of July 1. Council recently approved a change order to cover the eight additional drying beds, but the contractor cannot possibly finish by July 1. Therefore, the City's representatives asked that the date be changed to August 1, and the request was granted. 2. By not later than September 1, 1976, the City of Baytown shall submit to the Executive Director of the Texas Water Quality Board, a plan, including an implementation schedule to accomplish at the Lakewood Treatment Plant the following: a. Identification of major sources of infiltration /inflow. This will result from the study made by the Consulting Engineers. A written report is being developed at this time. b. Elimination of those sources of infiltration /inflow that will significantly reduct the daily flow to the plant. _ c. Disconnection from the sewage collection system of those service laterals and /or sewers which are out of service and lie within the areas of inundation. d. Identification of all points where permitted discharges occur. e. Chlorination of an instant chlorine residual of 10.0 mg /l at the points of unauthorized discharge. f. Chlorination at the plant to an instantaneous chlorine residual of 5.0 mg /l (parts per million) at the first manhole downstream at the point of chlorination. Upon approval of the plan by the Executive Director, the implementation schedule required therein becomes a requirement of the order. The City should have no problem meeting the September 1 date set for the above. 3. By not later than September 1, 1976, the City of Baytown shall provide chlorination equipment at the East District Sewage Treatment Plant. This is being accomplished as part of the change order approved by Council. 4. By not later than November 1, 1977, the City of Baytown shall construct and have operational the necessary sewage treatment and sludge removal facilities at the East District Sewage Treat- ment Plant to comply with the permit. The original date on this was June 1, however due to the fact the delivery date on equip- ment is one year and the plans will be presented for Council authorization to advertise for bids later in this meeting; the City's representatives felt that the City would need more time; therefore, the Board extended the time to November 1. 6109 Minutes of the Regular Meeting - May 27, 1976 5. By not later than December 31, 1978, the City of Baytown shall construct the necessary sewage treatment facilities at the Lakewood Sewage Treatment Plant to attain and maintain compliance with the permit. Funds are available from the 1970 Bond Program for this program and the + studies that will be necessary in order to proceed with these changes. The I( Texas Water Quality Board did approve this order. East District Sewage Treatment Plant - The contractor is continuing to pour concrete and backfill around the treatment plant and install piping; the concrete work is about ninety -five (95 %) per cent complete. Bayway Drive Waterline - Two - thirds (2/3) of the line is in service and customers have been connected to the line. This job should be completed within another week of work. Graywood Storm Sewer - The work remaining on the Memorial -Park portion includes two inlets and repairing the street. On the box culvert which is near the San Jacinto Methodist Hospital, about one -half the work has been completed and if the good weather continues, the entire job should be com- pleted in approximately thirty (30) days. West Texas Avenue Paving Project - By Tuesday one -half (112) of the roadway from the bridge, east toward Thomas Plaza should be poured; the other half should be poured ten (10) days after the first half is poured. The work remaining after the pouring is to complete the inlets and overlay the asphalt between the end of the concrete and Thomas Plaza. Bicentennial Park - The last section of sidewalks were being poured today; the remaining work is the installation of the theatre stage lights and the area lights. The Administration feels this project will be com- pleted in time for the July 4 celebration. Sterling Municipal Library Expansion - The contractor is on the site; the building layout is complete and the parking areas are now laid out. The utility companies are now in process of adjusting utility lines. 1975 Street Improvement Project - Phase II - The entire project, including Decker Drive will be completed when the cleanup work is completed. Representative of Animal Protection League Sarah Cryer, representing the Animal Protection League, explained that the purpose of this group is to provide adequate protection and proper and humane care for all animals, but particularly those now abandoned or neglected. Mrs. Cryer continued to say that the City of Baytown's Animal Control Program as it now exists consists of picking up, impounding, disposing of or releasing animals. The position of the Animal Protection League is that animals should not be released to new owners, not the original owners, before being spayed or neutered in order to prevent more unwanted off - spring. The League asked that the City Council take necessary action to require that prior to being released the animal be spayed or neutered and that the $20.00 pound fee be applied to the charge since the cost of altering an animal ranges from $30 -$75, plus medical attention. The City would require proof of the new owner that the alteration has been paid for before the animal would be released. Also, Mrs. Cryer suggested that the City could initiate a low -cost sterilization program. She referred to an article from the February issue of Towns and Cities, which listed six areas that a responsible city needed to include in its animal control program: 1. Need practical and enforceable ordinance. 2. Good animal shelter. Mrs. Cryer pointed out that the present animal shelter is becoming overcrowded. 6110 Minutes of the Regular Meeting - May 27, 1976 3. On -going program to educate the public concerning the proper control of pets. 4. An efficient field program to cope with uncontrolled animals. 5. A sterilization program to reduce the unwanted pet population. 6. Strong support from the elected officials for the total program. Mrs. Cryer further stated that the responsibility for the overall program must be assumed by the local government since the pet population affects all citizens in the community, not just animal owners. Local governments that do not accept this responsibility in turn spend more money dealing with the problem than if a strong preventive program were implemented. As it stands now the city is subsidizing the disposal of unwanted litters by picking them up on doorsteps or accepting them at the pound to be released to produce more off - spring. Mrs. Cryer suggested the appointment of a committee to study the problems in Baytown. This committee could work with the Administration. In response to a question from Council regarding a fine for allowing dogs to run at large, Mrs. Cryer said that the League was definitely in favor of a person being fined for allowing their dog to run at large; however, the fine should be lower for dogs, spayed or neutered. Council referred the matter to the Administration for study and asked that a Committee be appointed to study the problem with the Administration and that from this study a recommendation be made to Council. Hearing on Revenue Sharing Mayor Gentry declared the public hearing on Revenue Sharing Funds to be in session and asked Mr. Lanham, City Manager, for staff recommendations regarding the use of these funds. Mr. Lanham explained that the Adminis- tration had been notified that the City will be receiving $272,728 in Revenue Sharing Funds during the seventh entitlement period, which runs from July 1, 1976 through December 31, 1976. There are five categories under which appropriations can be made. The staff recommendations are: 1. Public Safety - $5,500 to purchase one "jaws of life" tool. Since the jaws of life is a rescue apparatus used to rescue persons who are trapped in vehicles and the City has only one such instru- ment, the Administration felt that another jaws of life could be used on the other side of the City. 2. Environmental Protection - $10,000 to be used for the demolition of dilapidated structures under the Urban Rehabilitation Program. In the current budget, $3,000 was set aside for this purpose, which sum has been used and there are other buildings that should be removed. 3. Library - $20,000 for the purchase of books. 4. Public Transportation - $167,228 to pay for the 1976 Street Im- provement Program. This would be for Phase II of the 1976 Street Improvement Program and if Council authorized this category, the Administration would come back later with specific recommendations. Also, under this category - $50,000 for the replacement of the existing 1970 street sweeper. Maintenance costs are becoming quite high on this piece of equipment. 7 6111 Minutes of the Regular Meeting - May 27, 1976 5. Financial Administration - $20,000 to hire consultants to help the City develop a computerized tax billing and collection system and to make modifications to enhance the City's utility billing and collection system, payroll system, and accounts payable system. The Computer Division of the City Administration has been without a programmer for several months, therefore help is needed to develop the programs mentioned above. The total of the staff recommendations are $272,728. Councilman Hutto felt that funds should be allocated to completely outfit one drainage crew with a gradall and trucks since usually one or two of the three pieces of equipment used for this purpose are being repaired. He also felt that a program of preventive measures with regard to having a drainage crew go in every 5 or 6 years to simply clean out the ditches around the City would help drainage. The Administration emphasized that there remains in the current fund from Revenue Sharing $100,000 that can be used toward drainage, that is the rent, lease or purchase of equipment. Also, some of the Community Development Funds are earmarked for use in the Central Heights area. Councilman Kloesel asked about the scheduled drainage projects and was told that the present schedule is behind, however most of the more serious problems have been resolved, that is the drainage problems that cause homes to flood. The problem with water taps was also pointed out. However, Council did authorize the Administration to go out for bids for contract help in this regard at the last meeting. The reason for the City crews not being able to keep current on water taps is increased construction. It was Council's contention that construction would be continually increasing in this area and some preventive measures should be taken in this regard also. Mayor Gentry recognized the persons who had signed the register to speak at the hearing as follows: Roscoe C. Ashford, 2101 West Humble, Central Heights Subdivision, spoke toward the possibility of better drainage for Central Heights. He was especially concerned that the water drainage from Spur 201 will have no place to drain because of the slope in the subdivision which will trap the water and cause excessive flooding in Central Heights. Mr. Ashford was under the impression that when construction began on Spur 201, drainage in this area was to be alleviated also, but there is still no relief. Mr. Ashford requested that some of the Revenue Sharing Funds be used to repair the curbs in the subdivision and install a storm sewer. Also, he commented that some of the streets in the subdivision were in very bad need of repair. Vernon Shields, 2007 Ontario, representing the Central Heights Civic Club, stated that the citizens of Central Heights were aware of the budgetary constraints placed on the Council; therefore, perhaps the drainage problems in the Central Heights area could be resolved in a piecemeal fashion. For example, a trunk line could be installed on Atlantic Street which would alleviate a large portion of the problem. Then, Council could take the problem street by street if necessary. In his closing statement, Mr. Shields stated that since these funds are becoming available, the Civic Club would like Council to consider using some of these funds to help alleviate problems in Central Heights. Sarah Cryer, of the Animal Protection League, requested that some of the funds be used toward some type of sterilization program for animals. Depending on the manner in which the program is set up, it would be classed as either an on -going or capital expense. For instance, a clinic would be an on -going expense, but a contract with a veterinarian or a certain amount of money earmarked toward a sterilization program would be a capital expense. 6112 Minutes of the Regular Meeting - May 27, 1976 David Elmore, Sr., 1900 Superior Street, who had presented the petition on behalf of the residents of Central Heights, asked how the public would know where the Revenue Sharing Funds were allocated. Mayor Gentry explained that the hearing is held and then Council determines how the funds are to be expended by ordinance; however, the federal government asks that items be placed in general categories, such as drainage. He also explained that Council could at some later date allocate a certain amount of the $100,000 left from the previous entitlement for use in the Central Heights area. For this reason, Mayor Gentry strongly suggested that the citizens residing in the Central Heights area should continuously urge all Council members to give strong consideration to the drainage problem in Central Heights. At this point, Councilman Kloesel was curious why the remaining $100,000 had not been expended. The $100,000 was allocated under drainage strictly for the purchase of materials and unfortunately, more funds are available for materials than manpower to utilize the materials. Mr. Kloesel responded that he was in favor of purchasing more equipment to be used toward drainage and at budget time would be in favor of additional personnel to operate this equipment. Paul Edwards, 5010 Arrowhead, who serves on the Library Board, spoke in support of the request for $20,000 to be used toward the purchase of books for the library. He explained that when the Administration requested that each department reduce its budget 4 -5 %, the logical place to do so in the Library was in the purchase of books, therefore no books have been purchased since January. Mr. Edwards said he was just as concerned as anyone about drainage problems, but he was also concerned about the minds of the young children, the entertainment for the middle -aged, and the com- fort that books can be to the elderly. Mrs. Blanche Wyler, spoke in favor of using some of these funds toward a museum for Baytown. At the present time, all the historical data and items donated toward a museum are being stored in the Community Building. Perhaps an old home could be purchased to store our historical items or a building could be constructed on the site behind the City Hall. Councilman Lander questioned the use of $20,000 for consultants. He suggested that perhaps it would be better to hire a programmer. Mr. Lanham explained that this work needed to be accomplished quickly and if a programmer were hired, he would have other responsibilities which would be a hindrance. The accounts need to be set up on the computer, then hire a programmer to keep the programs operating. At present a service company is doing the billing; therefore, there would be a savings to get the accounts on the City's computer system. Councilwoman Wilbanks inquired if the City staff would have any idea what sum of money it would take to alleviate the drainage problem in the Central Heights area? Mr. Lanham said that this subdivision had been developed 25 -30 years ago with curbs, gutters and streets, but without storm sewers, therefore no figures were available but the Administration could develop cost estimates on the cost of constructing a storm sewer system for the subdivision, along with an estimate of costs to construct storm sewers a portion at a time. Councilman Lander suggested that the Administration develop an alternate item, and when developing this item to give Council background information on the $100,000 now available for drainage; also specifically with regard to Central Heights, Council would like information regarding the possibility of other revenue sharing funds that the City has the potential of receiving and the basis for spending these funds. Councilman Hutto commented that some of the drainage problems could be alleviated by cleaning to the level of the pipe and that all that would be necessary to accomplish this would be a gradall. Councilman Kloesel commented that there was a definite need for an additional jaws of life tool. There being no further questions or comments from Council, Mayor Gentry declared the hearing closed. 6113 Minutes of the Regular Meeting - May 27, 1976 Ordinance - First Reading on the Annexation of Ten Acres of Land at 800 West Council held a hearing on this annexation at the last meeting and no opposition was voiced to this annexation. The Administration recommended the adoption of the ordinance. Councilman Kimmons moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2006 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRIROTY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Ordinance - Second and Final Reading on the Annexation of Quail Hollow, On April 22, Council passed this ordinance on first reading and the Administration recommended approval of the ordinance on second and final reading. Councilman Lander moved to adopt the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO. 1989 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. Ordinance - Assigning Quail Hollow, Section III to Council District No. 6 The newly annexed Quail Hollow, Section III must be included in a Council district. Since Sections I and II have been included in Council District No. 6 and including Section III in Council District No. 6 will not upset the population balance of the various districts, the Administra- tion recommended that Quail Hollow, Section III be included in Council District No. 6. Councilman Hutto moved to adopt the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES BY THE AMENDMENT OF CHAPTER 10, "ELECTIONS," BY THE ADDITION OF A NEW COUNCIL DISTRICT NO. 6 IN ORDER THAT THE NEWLY ANNEXED TERRITORY OF QUAIL HOLLOW, SECTION III MAY BE INCLUDED IN THE PROPER COUNCIL DISTRICT; REPEALING ORDINANCES INCONSISTENT HEREWITH AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 6114 Minutes of the Regular Meeting - May 27, 1976 Ordinance - Alteration of Fire Zone on Alexander Drive Mr. B. J. Crow, who made the request to install a temporary building at 1306 North Alexander, Mitchell's Trailer Park, appeared to explain just what type structure would be placed at this location. Mr. Crow explained that a prefabricated 10' x 20' building which would be painted brown with orange mats in front and on each side would be placed at this location to be used as an office for his business. Mr. Frost, Chief Building Inspector, after being questioned about the structure, said that the structure would be very similar, if not identical, to the last building deleted from the fire zone. Councilman Lander moved to adopt the ordinance; Councilman Hutto seconded the motion. In response to a question from Council, Mr. Lanham explained that the fire zones had not been changed for 3 -4 years; the only changes have been for temporary structures, which have little or no impact on the key rate since these buildings can be moved and a permanent structure can be built. Councilman Kloesel expressed concern over altering the fire zone. The vote follows: Ayes: Council members Lander, Kimmons and Hutto Mayor Gentry Nays: Councilman Kloesel Abstained: Councilwoman Wilbanks ORDINANCE NO. 2008 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 7, "BUILDINGS ", SECTION 7 -2, PROPERTY DELETED FROM FIRE ZONES, BY THE ADDITION OF A NEW SUB - SECTION (f), REPEALING ORDINANCES INCONSISTENT HEREWITH AND PRO- VIDING FOR THE EFFECTIVE DATE THEREOF. * *Mayor Gentry called a recess after which time, Mayor Pro Tem Lander presided. Ordinance - Award Bid on East Hunnicutt Street Drainage Project Mr. Jim Hutchison, Consulting Engineer with the firm of Busch, Hutchison & Associates, Inc., referred Council to the bid tabulation which shows R. T. Bishop Construction Company as low bidder for the amount of $520,396.40. Ten bids were received on Tuesday, May 18, 1976, for this drainage project. The tabulation follows: R. T. Bishop Construction Company $ 520,396.40 McKey Construction & Equipment Rentals, $ 525,460.00 Inc. I.O.I. Systems, Inc. $ 575,583.00 Steel Construction Company, Inc. $ 614,040.00 West Construction Company, Inc. $ 619,589.00 Katy Engineering Company $ 679,225.00 Elder Construction, Inc. $ 689,590.00 N. M. Brown Construction Company $ 754,830.00 Jalco, Inc. $ 761,426.50 Whitelak, Inc. $ 817,438.50 Following is an outline of how the low bid compares to available funds and the estimated cost (figures include estimated engineering costs): Estimate (4- 20 -76) $ 542,000.00 Bid (5- 18 -76) $ 572,000.00 Bond Funds $ 290,000.00 Thus, the bid is $30,000.00 over the estimate and $282,000.00 over the bond funds. Some of this deficit is made up by the bid on the Jail House Ditch Area Storm Sewer, which was $82,000.00 less than the funds allotted, making the cost of these two jobs $200,000.00 in excess of the bond money. 7 6115 Minutes of the Regular Meeting - May 27, 1976 The low bidder, R. T. Bishop Construction Company, is a local contractor who recently completed two sliplining projects for the City of Baytown and one for the City of LaPorte under the supervision of Busch, Hutchison & Associates, Inc. Therefore, the Consulting Engineers recommended the low bid of R. T. Bishop Construction Company; the Administration concurred. Councilwoman Wilbanks moved to adopt the ordinance accepting the low bid of R. T. Bishop Construction Company; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF R. T. BISHOP CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF EAST HUNNICUTT DRAINAGE IMPROVEMENTS AND AUTHORIZING THE CONTRACTING THE INDEBT- EDNESS BY THE CITY FOR THE SUM OF FIVE HUNDRED TWENTY THOUSAND THREE HUNDRED NINETY -SIX AND NOP OO ($520,396.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance - Award Bid on Jail House Ditch Area Storm Sewer Mr. Hutchison explained that on Tuesday, May 18, 1976, eleven (11) bids were received on the Jail House Ditch Area Storm Sewer. The tabulation follows: McKey Construction & Equipment Rentals, Inc. $ 307,342.30 R. T. Bishop Construction Company and R. T. Bishop $ 383,795.90 Baytex Construction Company $ 391,670.00 I.O.I. Systems, Inc. $ 455,730.00 Steele Construction, Inc. $ 461,530.00 BRH Company, Inc. & C. M. Garner $ 507,080.00 Katy Engineering Company $ 517,290.00 N. M. Brown Construction Company $ 566,320.00 West Construction Company, Inc. $ 593,750.00 Whitelak, Inc. $ 613,136.50 Jalco, Inc. $ 615,906.00 The bids received ranged from a high of $694,000.00 to the low of McKey Construction and Equipment Rentals, Inc. for the amount of $307,342.30. Following is an outline of how this low bid compares to available funds and the estimated cost (figures include estimated engineering costs): Estimate (4- 20 -76) $ 397,000.00 Bid (5- 18 -76) $ 338,000.00 Bond Funds $ 420,000.00 Thus, the bid is $59,000.00 (15 %) under the estimate and $82,000.00 less than the bond funds. The low bidder, McKey Construction and Equipment Rentals, Inc. has done work in Baytown in the past. The last job the company did in Baytown was in Country Club and this company is fully qualified to do the proposed work. The Consulting Engineers recommended the low bid of McKey Construction and Equipment Rentals, Inc.; the Administration concurred. Councilman Kimmons moved to adopt the ordinance accepting the low bid of McKey Construction and Equipment Rentals, Inc.; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Ten Lander Nays: None 6116 Minutes of the Regular Meeting - May 27, 1976 ORDINANCE NO. 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF McKEY CONSTRUCTION AND EQUIPMENT RENTAL COMPANY FOR THE CONSTRUCTION OF THE JAIL HOUSE DITCH AREA DRAINAGE IMPROVEMENTS AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF THREE HUNDRED SEVEN THOUSAND THREE HUNDRED FORTY -TWO AND 30/100 ($307,342.30) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance - Award Bid on 1976 Street Improvement Program, Phase I On Thursday, May 20, 1976, four (4) bids were received on the 1976 Street Improvement Program Contract, Phase I. The tabulation follows: Brown & Root, Inc. $ 297,626.50 Warren Brothers $ 379,256.00 Skrla, Inc. $ 310,108.25 Able Services, Inc. $ 329,241.50 Brown & Root, Inc. is the low bidder for the amount of $297,626.50, which is below the estimate of approximately $381,000.00. The Administration felt that this was a very good bid and recommended approval of the low bidder. This project will be paid with Revenue Sharing and budgeted funds. Councilman Kimmons moved to adopt the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BROWN & ROOT, INC. FOR THE CONSTRUCTION OF PHASE I, 1976 STREET IMPROVEMENT PROGRAM AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF TWO HUNDRED NINETY -SEVEN THOUSAND SIX HUNDRED TWENTY -SIX AND 50/100 ($297,626.50) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance - Adopting New Personnel Rules Dan Savage, Assistant City Manager, explained the chain of events which formed the new proposed Personnel Rules. In 1974 the City made application for a personnel grant, which was approved. In 1975 the U. S. Civil Service Commission sent a team of people to Baytown to assist the Administration. One of the things that the Civil Service team did was to develop a draft set of personnel rules, which was received last fall. The draft was staffed and some changes were made, then the department heads were asked to look over this proposed set of personnel rules and make suggested changes. After the department heads made suggestions; the personnel rules were drafted for final inspection by the department heads and the results are the new proposed Personnel Rules. The proposed Personnel Rules are designed to achieve three basic objectives: 1. To bring the City into line with certain legal changes in the field of personnel management; 2. To recognize the fact that the City has established a personnel department and is trying to up -grade personnel practices and procedures, and that these personnel rules will document what practices and procedures will be followed; 6117 Minutes of the Regular Meeting - May 27, 1976 3. To let all city employees know where they stand with regard to the City's basic employee practices and give those employees an opportunity to resolve their problems through the personnel department. Mr. Savage then referred to the memorandum from Larry Patterson, Director of Personnel, which listed the major changes in the personnel rules as follows: Chapter 1: Subsection 2 - Equal Opportunity Policy When the 1969 rules were adopted, there was not a lot of concern in this area, but since that time the federal laws have been up- graded in this area and the City is trying to bring its policies in line with legal require- ments. Chapter 2: Method of Filling Vacancies In this Chapter, the policies and procedures that will be used to recruit new employees and to promote from within are explained in great detail. This will provide for more aggressive recruiting and make employees more aware of advancement from within. Chapter 5: Performance Evaluation Performance evaluation has been carried out on an informal basis in the past and the new rules provide for the establishment of procedures in this area. Chapter 6: Classification This provision will provide for the administering of a classification plan, which will enable the classification of all employees, with employees performing similar duties being classed together. Chapter 9: Subsection 3 - Political Activity This subsection limits political activities only to the use of city position and time and that'activity which constitutes a conflict of interest with city employment. Chapter 10: Discipline Appeals and Grievances This chapter provides an employee with due process when he feels he has been mistreated or disciplined unfairly. Also, there is a significant change in the sick leave policy. The present policy allows the accumulation of 90 days sick leave for which one is paid when he terminates his employment with the City, no matter how many times he may leave and return. Now, under the present policy, the employee must pay this sick pay back when he is re- hired. Under the proposed plan, the employee may accumulate 90 days sick time; however, he will only be paid once for this 90 days sick time regardless of how many times he terminates and is re- hired. This does not prevent the employee from accumulating more than 90 days. Also, when he leaves and returns he will not be required to reimburse the City for back sick pay. Council deferred action on this matter until next Council meeting. Ordinance - Repealing Chapter 18.;, "Night Watchmen Services" Neel Richardson, City Attorney, explained that recently the Legislature adopted an act which took over the field of licensing security services and detectives. In this act, it provided that any licensing or permit requirement 6118 Minutes of the Regular Meeting - May 27, 1976 of any city was no longer effective. Therefore, this ordinance will remove an ineffective ordinance from the City code; however, there are provisions regarding identification that the City wishes to retain. Therefore, the next item to be considered is an ordinance placing these provisions under Chapter 17, "Miscellaneous Provisions and Offenses." The Administration recommended approval of this ordinance. Councilwoman Wilbanks moved to adopt the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES BY REPEALING CHAPTER 182f "NIGHT WATCHMEN SERVICES," AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending Chapter 17, "Miscellaneous Provisions and Offenses," to Add Provisions for Identification of Night Watchmen Services Mr. Richardson explained that these were the provisions he had mentioned earlier, which would be desirable to maintain in the City of Baytown's Code of Ordinances. This will require any night watchman service operating in the City of Baytown to identify their car in a specific manner, namely with six inch letters and in lettering approved by the Chief of Police. Also, it requires persons engaged in the security service business to have uniforms approved by the City Manager so that their uniforms will not resemble those of Baytown Police Officers. Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. In the discussion that followed, Councilman Kloesel questioned this provision since some Baytown Police Officers operate security services. The City Attorney explained that police officers by virtue being peace officers have more authority than persons licensed as security officers and that police officers were authorized by law to carry a gun at all times when security officers were limited to specific times. The vote follows: Ayes: Council members Kimmons, Wilbanks and Hutto Mayor Pro Tem Lander Nays: Councilman Kloesel ORDINANCE NO. 2013 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 17, MISCELLANEOUS PROVISIONS AND OFFENSES, BY ADDING THERE- TO NEW SECTIONS DESIGNATED SECTIONS 17 -19 AND 17 -20, REGULATING THE DISPLAY OF SECURITY COMPANIES' NAME AND UNIFORMS AND THE USE OF EMERGENCY LIGHTS OR SIRENS; CONTAINING DEFINITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE HEREOF. Resolution No. 536, Authorizing Application for Second Year Funding of Crime Prevention Unit Grant This is an application for federal funding in the amount of $16,974 for the second year funding of the Crime Prevention Unit. The Administration recommended approval of Resolution No. 536, authorizing the Administration to make application for the grant. In the first quarter of 1975 the offenses listed numbered 688; 1976 -703, which is an increase of 2 %. However, 112 of 6119 Minutes of the Regular Meeting - May 27, 1976 the 703 are thefts of CB radios, whereas of the 688, five were CB radios; therefore, the index would be down if it were not for the CB radios. Councilwoman Wilbanks moved approval of the ordinance; Councilman Kimmons seconded the motion. In response to an inquiry from Council, Sergeant Merchant explained that the funds would be used to further the Crime Prevention Program. The program consists of burglary awareness and security surveys on homes. The officers go out check the home or business and furnish written copies of corrective measures to the owner. The officers also make speeches to civic groups and business organizations, along with slide or film presentations. The funds provide for the slides, films, and other necessary materials; also for a secretary for the unit. The vote follows: Ayes: Council members Kinmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander ,Nays: None RESOLUTION NO. 536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE TEXAS CRIM- INAL JUSTICE COUNCIL FOR A CRIME PREVENTION GRANT IN THE AMOUNT OF SIXTEEN THOUSAND NINE HUNDRED SEVENTY - FOUR AND NO /100 ($16,974.00) DOLLARS. State Highway 146 Beautification Project - Authorize Advertising for Bids Bobby Rountree, Director of Parks and Recreation, presented the plans for the beautification of State Highway 146. This project was recommended by the Horizons Committee of the Bicentennial Commission. The project will begin at Texas Avenue and run north down 146 to the end of Mabry Lane. There are 19 medians ranging from 120' to little over 1,000' in length; the majority are from 400' to 550' in length; in width the medians will vary from 8' to 35' at the widest point. The beds are approximately 40' in length; 52 beds are being considered; 36,000 plants will be provided and 275 trees. The area is designed in accordance with the rules and regu- lations of the Highway Department. For example, all of the beds must be 50' from the intersection; all of the trees must be in the center of the widest esplanade and the trees must be small - trunked, shallow- rooted trees. This area has been designed for beauty, safety, and low maintenance. All of the plants are perennials. The following plants are being considered for this project: Loquat Trees, Cherry Laural Trees, Crepe Myrtle Trees (the official City flower), Hawthorne Shrubs, Creeping Junipers, Mandinas, and Golden Euonymous. The landscaping work will be done by the Parks & Recreation Department and the water taps (19 taps) will be installed by the Public Works Depart- ment. The landscaping will take six to eight weeks after the water taps are made; the installation of the water taps should take two to four weeks. The estimate for the total project is $22,230.00. Councilman Kloesel felt that when considering priorities the building of softball diamonds should have been considered prior to beautification of Highway 146. Mr. Rountree explained that this project was a recommendation of the Horizons Committee to be implemented in the first year of the bond program as part of the Bicentennial Celebration. The development of addi- tional ball diamonds are scheduled for the second and third years of the bond program. Councilman Hutto also felt that other areas of park care should be higher on the priority list, especially fill for Roseland Park. Councilman Lander pointed out that the City Council had help to set this beautification priority in conjunction with Bicentennial activities. 6120 Minutes of the Regular Meeting - May 27, 1976 Councilwoman Wilbanks moved to accept the plans and specifications and authorize the Administration to advertise for bids; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons and Wilbanks Mayor Pro Tem Lander Nays: Council members Kloesel and Hutto Authorize Advertising for Bids for Lighting Travis School Park and Duke Hill Park Tennis Courts Among the first year bond projects were improvements at Duke Hill, Travis, Pelly, Tejas, and Westwood Parks and this is a portion of those improvements. A total of $58,000 was earmarked for those five parks. The same plan will be followed to light the tennis courts at these two parks as was used at the League of Women Voters Park and Jenkins - Holloway Park tennis courts. There will be four poles with twelve light fixtures. The Consulting Engineer also stated that included in the plans and specifications would be an alternate bid of metal haylite fixtures. This is a fairly new type of light for much less energy, but higher initial costs, that gives the same amount of light. Where there are twelve lights furnishing light at the existing courts, this new type fixture will only necessitate four lights, one on each of the four poles. The metal haylite lights are 1,000 watt fixtures, whereas the other lights are 12 at 15,000 watts each. The initial cost of the metal haylite is $380.00; the quartz lights that are now being used cost about $45.00 each, so the equivalent cost of one pole would be $135.00 for quartz; $350.00 for metal haylite. However, the metal haylite will actually cost approximately $175.00 installed. The lamp that burns in the quartz light is rated at 2,000 hours, whereas the lamp that burns in the metal haylite light is rated at 10,000 hours, therefore the maintenance cost would be less with the metal haylite. The lamp replacement cost for the quartz light is $15 per lamp, compared to $50 -$55 per lamp for the metal haylite light. Also, in this bid the engineers would specify the use of a glass tempered lens which will resist the force of a .22 rifle at an angle. The Administration recommended approval of these plans and specifications. Councilman Kimmons moved to accept the plans and specifications and authorize the Administration to advertise for bids, including the alternate. Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None These bids will be received in time to have an item for Council consideration at the June 27 meeting. Authorize Advertising for Bids for the Rehabilitation of Sanitary Sewer Lines There have been a number of sewer lines to collapse, some televising has been done, and as a result the Administration has recommendations. Ivan Langford, Director of Public Works, showed Council on a map what areas the Administration recommended to have sliplined. 1. A twelve inch line between Grantham and Harold from Garth to Columbia. 2. A one - eighth and sixteen inch water line between Lloyd Lane and Spur 201. 3. An eight inch line on Scenic Drive off Garth. 4. An eight inch line on McKinney from Cedar Bayou to James Bowie. 5. An eight inch line along Highway 146 from Sandy Lane to Cedar Bayou. 6. A twelve inch line along Mayhaw Drive crossing Burnett. 6121 Minutes of the Regular Meeting - May 27, 1976 The estimated cost for these sliplining projects is $150,000 which would be financed from 1975 Sewer Bond Funds, $2,000,000 has been designated for rehabilitation of collapsed sewer lines. Councilman Kloesel moved to accept the plans and specifications and authorize the Administration to advertise for bids; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None Alter Median Cuts on Garth Road South of Park Street for Shopping Center Access The driveways to the new shopping center do not line up with the openings in Garth Road; therefore, the owner has requested to close the medians, near the shopping center and alter the medians so that the openings will line up with the new shopping center driveways. The owner will do this at his expense and the Administration felt there would be no problems involved, as far as traffic is concerned, therefore the Administration recommended approval. Councilman Kimmons moved to authorize the owner of the shopping center to alter the medians on Garth Road so that the openings line up with the driveways at the new shopping center. Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None Authorize Advertising for Bids for Construction of Sludge Dewatering Facilities at East District Sewage Treatment Plant This project is included in the grant that the City of Baytown received for the East District Sewage Treatment Plant improvement. Prior to advertising for bids, the City will still need to obtain EPA and Texas Water Quality Board approval. In February, Langford Engineering, Inc., Consulting Engineers, presented a report on the sludge dewatering facilities at the East District Sewage Treatment Plant. Due to possible enforcement action of the Texas Water Quality Board, Council authorized construction of eight additional drying beds, which were presented in the report, are being constructed under change order to the present contract with Katy Engineering. This project will complete the sludge dewatering facilities with the exception of some rolling stock, trucks, trailers and spreader, which will be purchased by the city under the Small Purchases of the Federal Register through the regular purchasing procedures of the City. The plant is single centrifuge at this time; but as it expands to twelve million gallons as projected for 1990 service needs of the area, there would be seven of these sludge dewatering centrifuges to handle the sludge. This is a similar piece of equipment that was installed in 1973 at West Main, but is larger and will handle more volume of sludge. Mr. Langford asked Council's approval to advertise for bids subject to the approval of the EPA and the Texas Water Quality Board. Since the federal government has funded 75% of the project, there is a federal requirement that retainage on EPA projects shall be held to 10% for the first 50% of the work and after that there will be no retainage; there- fore there really is only a retainage of 5 %. Councilman Kloesel moved to accept the plans and specifications and authorize the Consulting Engineers to advertise for bids subject to EPA and Texas Water Quality Board approval; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None 6122 Minutes of the Regular Meeting - May 27, 1976 Ordinance - Appointing Board of Equalization Councilman Hutto moved to appoint Alvin Miles, Lamar Kelley, and C. 0. Walker to the Board of Equalization and to set the first meeting of the Board for 4:00 p.m. on Tuesday, June 1; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2014 AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION TO SERVE FOR THE YEAR 1976, FIXING THE TIME OF THE FIRST MEETING OF SAID BOARD, AND AUTHORIZING SAID BOARD TO EXERCISE THE POWER AND FULFILL THE DUTIES CONFERRED UPON IT BY THE CHARTER OF THE CITY OF BAYTOWN. Committee Reports None. Unfinished Business None. Recess and Adjourn Mayor Pro Tem Lander recessed the open meeting into an executive session for discussion of the acquisition of real property and personnel matters. When the open session reconvened, Mayor Pro Tem Lander announced that no business had been transacted. There being no further business to transact, Councilman Hutto moved to adjourn; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None Eileen P. Hall, City Clerk