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1976 12 09 CC Minutesr 6091 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 9, 1976 The City Council of the City of Baytown, Texas, met in regular session, Thursday, December 9, 1976, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Jack Kimmons Ted Kloesel Mary E. Wilbanks Emmett Hutto Allen Cannon Tom Gentry Fritz Lanham Neel Richardson Eileen P. Hall Dan Savage Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Mayor Gentry called the meeting to order and the invocation was offered by Councilman Allen Cannon. Approve Minutes Councilman Kloesel moved to approve the minutes of the regular meeting of November 23, 1976, and ratification of actions taken at said meeting; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Petitions None presented. City Manager's Report Several weeks ago Council authorized the Administration to submit an application to the Texas Department of Highways and Public Transportation for a Selective Traffic Enforcement Program Grant. The application has been approved in the amount of $21,430. This program will enable the City of Baytown to utilize off -duty police officers on an overtime basis to enforce traffic violations at high hazard locations. The Administration indicated that it may be possible for the City to receive $42,000 rather than $21,430. The additional funds would enable the City to work said areas six days per week rather than three. The building industry in Baytown set a record this year with regard to single - family construction. Through the end of November 275 permits had been issued for single - family dwellings. Prior to 1976, 1967 was the record year with 269 permits for such dwellings being issued. The estimate for the reconstruction of West Main from Market to Lee Drive which was requested by Council at its last meeting is $150,000. The work would consist of salvaging the existing pavement by making the necessary repairs to the base and resurfacing the area. There is a possibility of that portion of West Main being included in future federal aid programs, such as the Bayway Drive program. 6092 Minutes of the Regular Meeting - December 9, 1976 The Administration has inquired as to the status of opening West Texas Avenue at Loop 201. The highway department contractor has poured that portion of concrete which will be connected to the City's pavement with asphalt. The contractor is now in process of installing the curb and gutter in that vicinity. The highway department indicated that, with no further bad weather, traffic will be allowed on that portion of West Texas Avenue shortly after the first of the year. Councilman Kloesel pointed out that if Durain Street remained open after the completion of Loop 201, motorists would use Durain in an effort to avoid the intersection which would increase the traffic flow on this residential street. Council directed the Administration to poll the residents along Durain to determine what their feeling would be with regard to closing Durain to through traffic. If the response is favorable, then the Adminis- tration was directed to contact the highway department regarding said matter. Council is aware of the letter received several weeks ago from the Texas Department of Highways and Transportation indicating that plans were being made for plans for the next section of Loop 201. The Houston office of the highway department indicated last week that bids should be ready to be taken late in 1977. The next section would include that portion of Loop 201 from Decker Drive to Highway 146. These plans would include overpasses at Spur 330 and the railroad. This project is moving much faster than antici- pated; therefore, the City is taking a second look at its plans for Park Street. Park Street has been used for several years to take care of east -west traffic. Since Spur 201 is moving as quickly as it is, the City may want to recheck its plans for Park Street. In response to a question from Council regarding the next portion of Loop 201, Mr. Lanham explained that the access roads would be built first as is being done in the present section under construction. In regard to the bridge over Goose Creek Stream in the next section of Loop 201, there will be initially two access road bridges and then, when the main freeway is constructed, a large bridge will also be constructed at that time. Mayor Gentry explained that until it is known what the state is going to do in the near future on Loop 201 there is no need to expend a great deal of money on Park Street. The opening of Loop 201 will relieve 90% of the traffic load from Park Street. Mr. Lanham explained that bond funds would finance the rebuilding of Park Street, including a new bridge. Councilman Kloesel stated that he would like Park Street put in good condition as a residential street only. These repairs could be made at nominal expense without the rebuilding of the bridge. Senior Citizens' Transportation Program - One month has been completed in the taxicab program for senior citizens. Dan Savage, Assistant City Manager, explained that the program began November 1, with 111 people being enrolled during the month of November. As of this date approximately 150 people have been enrolled in the program. During November the City provided 201 rides to 55 different people for a total of $390.00. This is an average of $2.00 per ride and the average ride was two miles. Rides were mainly used to medical facilities, doctors' offices, grocery stores, department stores, etc. The original estimate for costs of rides was $3.00. Mr. Savage also stated that the drivers should be commended for their treatment of the senior citizens. East District Sewage Treatment Plant - The contractor is continuing to install and test major items of equipment and has begun construction of the road and final site grading. 6093 Minutes of the Regular Meeting - December 9, 1976 Hunnicutt Street Project - Brown and Root has limed the first two blocks of Hunnicutt from Highway 146 to Seventh Street. Excava- tion work is underway from Fifth Street to Seventh Street. Rain has caused this project to be delayed. Bob Smith Road Storm Sewer Project - The transition box culvert has been built on the west side of North Main and the pipe has been installed across North Main except for one joint. A gas line must be moved in order to install this final joint. That work will be done Tuesday. The pavement on the west side of North Main has been replaced and traffic is using it. About one hundred (100') feet of seventy -two (72 ") inch pipe has been installed from Ammons to the east while the contractor is waiting for the gas line to be moved. Mayor Gentry inquired when both sides of North Main will again be open to traffic. The Administration explained that after the gas line was moved and the pipe installed, then concrete could be poured and should dry in about three days. After that time traffic would again be allowed on North Main. Assuming this is done on Tuesday as planned, then North Main could be open by the weekend. Councilman Kloesel requested that the Administration prepare an ordinance for the next meeting to increase the tax exemption for senior citizens to $7,000, effective after January 1. If effective after January 1, then it would not affect the present budget. Council had no objections to the Administration preparing such an ordinance. Temporary Tax Exemption - Exxon Chemicals Company for the Baytown Olefins Plant In the letter submitted by Mr. Stephen W. Dedman, Jr., Manager of Exxon Chemicals' Baytown Olefins Plant, a tax exemption is requested in accordance with the provisions of Section 5 of Resolution No. 514 and the guidelines which were adopted by Council. In reviewing Mr. Dedman's letter and the information contained in it, as well as past actions taken by Council in this regard, it appears that the portion of the proposal concerning the pouring of foundations in 1976 would not be consistent with past actions. In the case of Gulf, construc- tion would not begin until 1977; therefore, the first contract year for Gulf would be 1977. In the case of Exxon, foundations would be poured in December of 1976. This would be inconsistent with past actions, such as the Gulf exemption. Mayor Gentry explained that the first contract year was up to Exxon in that Exxon had the power to defer construction, including foundations, until 1977 in order to take full advantage of the pro- visions of the resolution. In response to questions from Council, Mr. Dedman explained that this job will continue into 1980, with less than 25% of the total cost to be expended in early 1977 and about 45% of the total to be expended in 1978. If the resolution is applied, as in the past, the City will require Exxon to pay one -third (1/3) of the taxes on the total project with only 2% of the construction being completed. Mr. Dedman felt that it was the intent of the resolution to apply to projects that would be completed within a three -year time span. This project is of a larger scope than that. In regard to waiting until January to pour foundations, Mr. Dedman indicated that he did not feet that it was Council's intent to force corporations to delay building programs in order to meet the tax exemption of the resolution. Mr. Dedman explained that Exxon was aware of the resolution prior to planning the building program for the project, but was not aware of Council's decision that the pouring of foundations constituted the beginning of construction. Mr. Dedman indicated that if industry were taxed one -third (1/3) of the total due with only 2% of the funds being spent, then industry would be discouraged from construction rather than encouraged. 6094 Minutes of the Regular Meeting - December 9, 1976 Councilwoman Wilbanks pointed out that if Exxon had brought this request to Council in mid -1976 when site preparation began then the question of 30 days could have been resolved at that time. She felt the intent of the resolution was to encourage industry and that when the guidelines were established, Council has no par- ticular size of project in mind, but rather guidelines for pre - construction. Councilwoman Wilbanks expressed the opinion that foundation work is of a permanent nature. Mr. Dedman pointed out that the resolution did not contain a definition of the first year of construction. He stated that when site clearance began, Exxon had no knowledge of the definition of the first contract year. Approval was obtained for the project in early November. In all, the project will cost between four and five hundred million ($400,000,000 - $500,000,000) dollars. Councilman Lander inquired if it was incumbent upon Council to determine when construction begins. Neel Richardson, City Attorney, explained that when the resolution was adopted there was discussion to specifically define when construction begins. It was Council's decision to take this matter a case at a time. For that reason, the terminology remained general; therefore, this decision is within the discretion of Council. Councilman Lander indicated that it seemed unfair to declare a full year of tax exemption for a few days work. Councilman Kimmons agreed. Councilman Lander stated that should Exxon postpone construction until after the first of the year there would probably be overhead costs involved with the contractor. He further stated that if this exception were permitted where would the line be drawn for such exceptions. Mayor Gentry pointed out that Mr.. Dedman also mentioned the size of the project - what effect would that have on the appli- cation of the resolution. Mr. Dedman pointed out that not only was size important, but so was the amount of time involved - how long will it take to expend - the funds allotted for the project. Councilman Hutto explained that when Resolution No. 514 was discussed before passage, it was his understanding that each requested tax exemption would be acted on according to the facts presented. Therefore, he stated it was very unfair to tax a company on 2% of the expenditures in the amount of 30% of the taxes. On that basis Councilman Hutto moved to grant the temporary tax exemption with 1977 being the moratorium year; Councilman Kimmons seconded the motion. Councilman Kloesel stated that he felt Resolution No. 514 did encourage construction. He further stated that he could not support the motion since 1977 was being considered the moratorium year. Councilman Cannon asked for clarification of Resolution No. 514 since he was not on Council at the time it was passed. Mr. Lanham explained that the exemption is a total of four years. The first contract year which is the calendar year in which construction is begun no compensation due to the City. Compensation due for the second, third and fourth years shall be calculated as follows: On January 1 of the second contract year, the anticipated fair market value of the new industry or an expansion shall be rendered to the City of Baytown. In this case, if 1977 is approved as the first year, then Exxon must render the fair market value to the City by January 1, 1978. Councilman Cannon pointed out that under the present interpretation of the resolution the anticipated value would have to be submitted to the City by January 1, 1977. Then the payment would be figured based on the anticipated fair market value, using the 20 -80 industrial district formula. This figure would be payable in three installments 6095 Minutes of the Regular Meeting - December 9, 1976 due the second, third, and fourth contract years. At the end of the exemption, adjustments due to overpayment or underpayment will be made. In response to an inquiry from Councilman Cannon as to the reason the year of exemption could not be determined by the month construction would begin, the Administration explained that the City's tax year is January 1 through December 31; therefore, the exemption must run concurrently. Mayor Gentry pointed out that at one time the City of Baytown had three Industrial Districts and numerous contracts containing different wording and different payments to the City. He also pointed out that it took several difficult months for Council to arrive at the present Uniform Industrial District Policy. Mayor Gentry expressed the opinion that if the Council were to put a lot of flexibility into the resolution then the uniformity would be lost. Councilman Hutto expressed the opinion that even though Council had established an industrial district policy, since Council had made adjustments to ordinances in the past, the industrial district policy could be broadened also. Councilman Lander called for the question. The vote follows: Ayes: Council members Lander, Kimmons and Hutto Nays: Council members Kloesel, Wilbanks and Cannon Mayor Gentry Council expressed concern whether or not Exxon was still request- ing an exemption under Resolution No. 514. Councilman Kimmons requested that a work session be scheduled in the near future to discuss Resolution No. 514. Councilman Lander pointed out that it may be advantageous to Exxon not to request the exemption. At this point Mr. Dedman stated that since the motion was defeated using the first year as 1977, Exxon would not desire an exemption at this time. Request for Water Service Outside City Limits Mr. Lanham explained that Mrs. Charles McFarland who lives north of the City has requested to be tied into city water service. Her property is located next to Billy Angel's property which does have extended city water service. All expenses will be absorbed by the consumer, and the cost for water will be lh times what the consumer residing within the city pays. Councilman Kloesel moved to grant the request; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Contract - BAWA and the City of Baytown This contract was discussed in a joint work session with the Baytown Area Water Authority last week. Council cannot officially approve the contract until after the election in January. Then, if the citizens approve the contract, Council will adopt an ordinance authorizing the signing of the contract. The Administration recommended that Council go on record at this time as indicating support and intent to execute the contract if the electorate so indicates. A Minutes of the Regular Meeting - December 9, 1976 Councilman Kimmons moved to approve and endorse the contract between the Baytown Area Water Authority and the City of Baytown for treated surface water; Councilwoman Wilbanks seconded the motion. In response to a question from Council, Mr. Lanham explained that Pasadena entered into a contract several years ago with the City of Houston to purchase treated surface water. Pasadena over- estimated their population growth; therefore, Pasadena is paying for more water than needed and cannot sell the excess to anyone because there is no provision in their contract for such a trans- action. Another problem in Pasadena is that the necessary number of trunk lines needed to supply surface water to the entire City have not been provided; therefore, Pasadena is having to use well water, as well as paying for treated surface water. Mr. Lanham explained that BAWA has agreed that from initial delivery to the third year (1979 -1982) to take or pay for six million gallons per day (6 mgd) of untreated surface water or raw water. Mayor Gentry pointed out that the largest cost was for treatment of water. Councilman Kloesel questioned why Baytown could not buy directly from CIWA rather than going through BAWA. The Administration explained that there would be the resale factor involved, as well as the fact that several years ago when the City sold some Revenue Bonds there was a provision in the bond covenant stating that whenever the City of Baytown sells revenue bonds, the water and sewer net income must equal 1� times the average requirement to service those bonds. That means if the $13,500,000 figure is correct and if the City of Baytown bought the water direct, built the plant, paid the bonds, the net revenue from Baytown's water system would have to yield 111 times 07 the bond requirements. This is not the case if BAWA buys the water, builds the plant, etc. This could mean a difference of approximately $500,000 per year. Councilman Hutto inquired in Baytown's rates would be reduced should BAWA begin selling to other entities, as well as Baytown, Mr. Lanham explained that as the contract read each group would pay its proportionate share. The contract also provides that the water rates will be reviewed each year. It is not foreseen in the near future that rates will be reduced because of BAWA selling to some other major entity. The minimum take or pay schedule included in the contract is as follows: Year Amount 1 -3 6 mgd 4 -7 8 mgd 8 -11 10 mgd 12 -15 13 mgd 16 -20 16 mgd The only way Baytown can be assured of having water is to include this in the contract. Councilman Kloesel inquired how much water rates would increase j if Baytown contracts with BAWA. Mr. Lanham explained that the average j bill of 7,000 gallons per month would increase from $-3.70 to $8.00 or I $8.50. Councilman Kloesel expressed concern over creating another governmental agency, such as BAWA, since it is so difficult for citizens to have an input into these agencies. Council pointed out that the legislation creating BAWA provided that the City of Baytown must approve all actions taken by BAWA. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel IN Minutes of the Regular Meeting - December 9, 1976 Ordinance - Call Special Election on Contract Between the City of Baytown and BAWA This ordinance sets the special election for January 15, 1977, for approval of the contract between the City of Baytown and the Baytown Area Water Authority. The Administration recommended approval of the ordinance. Councilman Hutto moved to approve the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2138 ORDINANCE CALLING ELECTION TO AUTHORIZE ENTERING INTO "WATER SUPPLY CONTRACT -- TREATED WATER" WITH THE BAYTOWN AREA WATER AUTHORITY. Ordinance - Abandoning a Portion of Whiting Street This topic was discussed at the last meeting and the Administration was instructed to prepare an ordinance. A legal opinion from the City Attorney's office contained in the packet indicates that the City can close the street and let the property revert to the property owner without compensation, or the City can close the street and sell it to the abutting property owner for the fair market value. In regard to the meaning of charitable organizations in Resolution No. 11, the Assistant City Attorney determined that it is within the discretion of the Council to define charitable institutions to include benevolent, educational and religious institutions. The appraisal made by the tax department revealed a fair market value of $5,700. Three years ago $1,936 was spent rebuilding that portion of Whiting Street. Councilman Kloesel moved for adoption of the ordinance; Councilman Kimmons seconded the motion. Councilman Cannon stated that he felt the City should recover the $1,936 spent for rebuilding Whiting Street, especially since the college represented two entirely different sets of taxpayers. Mayor Gentry pointed out that he could vote in favor of abandoning the street, but not on the basis that Lee College could be considered a charitable institution under Resolution No. 11 as stated in the proposed ordinance; therefore, he would have to oppose the motion. If the proposed ordinance did not contain this wordage, then he could vote favorable on the motion. Mr. Richardson stated that Resolution No. 11 could be amended to include "religious, charitable, and educational facilities" and amend the proposed ordinance to state "educational institution" rather than "charitable ". Councilman Lander pointed out that some educational facilities are for profit. Councilman Kloesel suggested to make it refer to "publicly owned educational tax exempt institutions ". Councilman Kloesel moved to table the motion until later in the meeting; Councilman Hutto seconded the motion. The vote follows Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None r Minutes of the Regular Meeting - December 9, 1976 Council directed the City Attorney to amend Resolution No. 11 to reflect Councilman Kloesel's suggestion of "publicly owned educational institutions that are tax exempt." Final Payment - Installation of Various Traffic Signals This ordinance is for final payment on the installation of traffic signals at Thomas Plaza and North Main at Rollingbrook/ Massey Tompkins. The contract overran in the amount of $583.43 because the original intent was to run the electricity underground, but the contractor ran into a storm sewer which prohibited under- ground installation. Therefore, the service had to be installed overhead. The final contract amount is $12,281.63. The Adminis- tration recommended approval of final payment. Councilman Lander moved for approval of the final payment; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2140 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE INSTALLATION OF TRAFFIC SIGNALS AT CERTAIN INTERSECTIONS BY BAYTOWN ELECTRIC CORPO- RATION, FINDING THAT THE WORK IS IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID BAYTOWN ELECTRIC CORPORATION AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Change Order No. 1 to the Sanitary Sewer Contract No. 76 -4 The sanitary sewer line between Gulf and Pierce and the line between Fourth and Second have collapsed. The Administration would like to add these lines to the contract underway with Channel Construc- tion Company.. These lines will be five (5 ") inch pipe. The present contract with Channel Construction does not include a cost for five (5 ") inch pipe so the Administration referred to a previous contract with the company which did include five (5 ") inch pipe. That figure was used in negotiating the change order with the contractor. The Administration recommended approval of the change order. Councilman Kimmons moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH CHANNEL CONSTRUCTION COMPANY FOR THE SLIPLINING OF SANITARY SEWER LINES ON BOB SMITH ROAD AND MCPHAIL STREET AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. mmms Minutes of the Regular Meeting - December 9, 1976 Ordinance - Purchase of Sanitation Trucks Dan Savage, Assistant City Manager, explained that it was decided to purchase new equipment to replace two of the 1969 three - man rear - loading packer trucks presently being used. In 1976 -1977 it cost approximately $48,000 to place one sanitation truck on route. This figure includes labor, equipment, disposal costs, operating and maintenance costs. Seventy (70 %) per cent of the $48,000 is labor costs. Therefore, when specifications were drawn, an attempt was made to survey the market to find equipment that would allow the City to do the same job that is presently being done at a lower cost. In this survey two vehicles were located that could meet these specifications - the Lodall and the Shu -Pak. Both of these vehicles require two men and have dual controls to allow the trucks to be driven from either side. The trucks are side loading as opposed to rear loading. The trucks are of step van construction which allows the driver to stand while driving or sit down while on a long haul. Before bids were taken local vendors of each vehicle were contacted in order that demonstra- tions might be arranged. The Shu -Pak distributor arranged for the City to use a Shu -Pak for three or four days, and the Lodall distri- butor arranged to let the City use the truck for one day. As well as local demonstrations, the Administration traveled to Bellaire where the Shu -Pak is being used and to E1 Campo where the Lodall could be seen in use. Both vehicles were very impressive in their operation, and, for that reason, the Administration felt that it would be beneficial to receive bids on this type equipment, as well as the rear - loading truck now being used. Bids were received on October 2S, 1976. In analyzing bids all aspects of the costs to operate each type vehicle were considered - including labor costs, equipment costs, and disposal costs. Cost were not included for operating and maintenance because accurate figures could not be obtained for these items since the costs depended mainly on the local service representatives. Total costs including equipment, labor, and disposal costs, for each type of equipment is as follows: Lodall $ 37,401.83 Shu -Pak $ 392927.67 Heil Packer $ 42,677.13 The Lodall would have an annual cost of approximately $5,000.00 less than the Heil Packer presently in use and $2,500.00 less than the Shu -Pak. The Lodall is lighter, taller, more manueverable, and has a better fuel record than the present Heil Packer or the Shu -Pak. The Lodall averages 3.� miles per gallon; whereas, the other two trucks average approximately 22 miles per gallon. All present vehicles in use are standard transmission, thus causing clutch problems. Another problem with the present equipment is with the hydraulic system of the packer. All trucks were bid with automatic transmission in order to eliminate clutch problems. The packing mechanisms on both the Shu -Pak and the Lodall are simpler than the Heil Packer; therefore, maintenance costs will be reduced in that regard. From a safety standpoint, the Lodall appears to be the safest model of the three. It has 3600 visibility all around the truck; whereas, the Heil Packer does not have complete visibility, making it difficult to see the men behind the truck. For this reason, the two -man truck will eliminate some of the injuries now being experienced. For these reasons, the Administration felt that the Lodall is the best bid. The only drawback is the fact that the Lodall is a smaller truck with a capacity of twelve cubic yards; whereas, the Heil Packer now,in use has a capacity of 19 cubic yards and the Shu -Pak has a capacity of 29 cubic yards. Since the Shu -Pak's compaction ratio is poor, that amount can be discounted to approximately 22 -23 cubic yards. The Lodall will have to make more trips to the landfill than the other two trucks, but the gas mileage for the Lodall will compen- sate. Since the Lodall packs while moving rather than only when 6104 Minutes of the Regular Meeting - December 9, 1976 stopped as in the case of the Heil Packer, the sanitation workers will be able to accomplish the same amount of work with no signifi- cant change in the amount of time even with extra trips to the land- fill. Mr. Savage pointed out that not all of the workers in the sanitation department were convinced of the idea of the Lodall. He also pointed out that the Administration had spoken with the men regarding the use of the Lodall and had taken three volunteers from the sanitation department to E1 Campo to see the truck in use. The men who went to E1 Campo had a positive reaction. He also stated that the Administration did not want to lay -off any personnel. Councilman Kloesel stated that because there was only one bid on a three -man truck, he would need to see figures on other three -man trucks in order to compare. He also pointed out that he was uncertain that the Lodall could do an equivalent job of the Heil Packer. In response to a question from Council, Mr. Savage explained that before E1 Campo converted to the Lodall another side - loading vehicles was used. Bellaire had used several vehicles before converting to the Lodall. Fort Worth used rear - loading vehicles before purchasing several Lodall. In Bellaire all residential pickup is done with the Lodall. Councilman Kloesel pointed out that the Lodall probably could not be used in alleys. Mr. Savage agreed because of the fact that alleys are not wide enough to accommodate the side loader. There would only be room to work at the rear of the truck. Councilwoman Wilbanks questioned if it would be more stenuous on the two men running the Lodall. She stated that in the use of garbage cans there would be more strain on the men than if plastic bags were used. Mr. Savage stated that there were several points to the Lodall. 1. The side loader prevents the man from carrying the can as far as with the rear loader. The vehicle can get closer to the cans. 2. The loading area is lower on the two -man truck than on the three -man truck. 3. In the ordinance passed recently regarding garbage and trash, a limit of sixty pounds was placed on the full trash can. Mr. Lanham pointed out that several men did go to E1 Campo to see the equipment in operation and are willing to work this type of equipment for Baytown. Councilman Kloesel stated that he would like to go out for bids again in order to get more bids on the three -man truck. He also stated that a lot was expected of the sanitation worker as it is now, and the two -man truck would cause more strain on the men. He pointed out that if the City wanted to cut back on personnel, he had some suggestions to make in that area. The Administration pointed out that cutbacks in personnel in the sanitation department were only planned through attrition not lay -offs. Councilman Lander pointed out that it was up to Council to get more efficiency. Mayor Gentry stated that Council had a responsibility to spend the taxpayers' money wisely. Mr. Lanham pointed out these two -man trucks were discussed during the budget sessions and that the operators would be paid more for operating this type equipment. The City now has ten routes running four days per week. There is a total of twelve vehicles - two of these being reserves. If the City bought two of the Lodalls per year, it would take six years to convert entirely to the side - loading vehicles. At the end of the six years with population growth as it is, there would probably be more routes in Baytown. 6101 Minutes of the Regular Meeting - December 9, 1976 Councilwoman Wilbanks stated that she did not feel that the purchase of two Lodalls would commit Baytown to a total program. She further stated that Baytown could try the trucks and then make a decision. If there are people that are willing to work on this equipment, then the program is not being imposed on any employees. Representatives from the Sanitation Department were in the audience and expressed the opinion that going to the side - loading vehicles would cause reduction in forces, as well as making alley pickup virtually impossible. There were objections voiced concerning the manner in which volunteers were selected. However, Mr. Savage explained that initially after a film presentation on the vehicles, those who reacted favorably were asked to participate in the field trip. Mayor Gentry stated that he saw no harm in selecting persons who reacted favorably to the film presentation. Councilman Hutto commended the attitude of sanitation workers in their job. Mr. Savage pointed out that the sanitation department makes 100,000 stops per month picking up garbage. Approximately 150 of the 200 calls received per month are for special brush or appliance pickup. Very few complaints are received regarding sanitation services. Councilman Kloesel stated that the workers should be commended for their work and also for their courage to come before Council regarding this matter. There are forty -four people in the sanitation department with thirty of those working the ten routes. The two Lodalls would reduce that number from thirty to twenty -eight through attrition. The four persons interested in operating the Lodall have indicated that it might be beneficial to let the driver select his helper. Councilman Lander stated that the side loading equipment is being accepted quite well in many cities and Baytown should not bypass an opportunity to use this equipment. Councilman Kloesel moved to go back out for bids and get bids on more than one packer that uses two employees. Councilman Lander pointed out that this bid contained four bids on the three - man packer. Mr. Savage explained that each vendor bid the Heil Packer because it is one of the best rear - loading vehicles and that the specifications stressed the heil -type. Since there was no second to Councilman Kloesel's motion, he then moved to accept the low bid for the Heil Packer which is Bob Hamric Chevrolet; Councilman Hutto seconded the motion. Councilwoman Wilbanks stated she could not favor the motion not because of any reflections on the work being done, but because she was not certain that the three -man truck is the best system for Baytown. She stated that Baytown should at least try the two -man vehicle and, then if it does not work, Council can reconsider. The vote follows: Ayes: Council members Kloesel and Hutto Nays: Council members Lander, Kimmons, Wilbanks and Cannon Mayor Gentry Since the motion was defeated, Councilman Lander moved to adopt the ordinance for the purchase of two Lodalls; Councilman Kimmons seconded the motion. Councilman Cannon suggested that the City purchase one rear - loading and one side - loading vehicle. The Administration explained that the present fleet consists of twelve vehicles. It is the in- tent to replace the two reserve vehicles in an effort to decrease 6102 Minutes of the Regular Meeting - December 9, 1976 downtime since some of the vehicles are becoming quite old. Councilman Kloesel amended the motion to purchase one Lodall and then withdrew the motion when the Administration explained that since the bid was for two vehicles either rear - loading or side - loading, the bidder could not be bound to the price quoted if the City only wanted one. Councilman Kloesel went on to state that he would oppose the motion so that the Administration could go out for bids again for one vehicle of each type. The vote follows: Ayes: Council members Lander and Kimmons Mayor Gentry Nays: Council members Kloesel, Wilbanks, Hutto and Cannon Councilman Cannon moved to advertise for bids for one truck of each type; Councilman Kloesel seconded the motion; however, before Council could authorize advertising for bids, a motion was necessary to reject the bids. Therefore, Councilman Kloesel moved to officially reject the bids; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kloesel, Wilbanks, Hutto and Cannon Nays: Council members Lander and Kimmons Mayor Gentry Councilman Cannon then moved to advertise for bids for one side - loading vehicle and one rear - loading vehicle; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Nays: Mayor Gentry The tabulation of the bids which were received follows: BIDDER: SECTION UAQ NTITY I. 2 II. 2 III. 2 MFG. MAKE & MODEL: DESCRIPTION Rear Loading Side Loading Side Loading NEAREST PARTS /SERVICE: WARRANTY: DELIVERY: OPTION: BIDDER: SECTION UAQ NTITY I. 2 II. 2 III. 2 MFG. MAKE $ MODEL: DESCRIPTION Rear Loading Side Loading Side Loading NEAREST PARTS /SERVICE: WARRANTY: DELIVERY: OPTION: BOB HAMRIC CHEVROLET Unit Price Total Price $19,890.78 $ 39,781.56 No Bid No Bid Chev. CC67013 - Heil Mark III Baytown, Texas 12 months or 12,000 miles 60 -90 cal. days A.R.O. Failed to Bid JIM BALL INTERNATIONAL Unit Price Total Price $20,499.64 $ 40,999.28 No Bid No Bid Int. 1700 - Heil Mark III Baytown, Texas 12 months or 12,000 miles 90 cal. days A.R.O. $110.00 7 6103 Minutes of the Regular Meeting - December 9, 1976 BIDDER: DAMS TRUCK $ EQUIPMENT �I:CTION QUANTITY DESCRIPTION Unit Price Total Price I. 2 Rear Loading $20,530.00 $ 41,060.00 II. 2 Side Loading No Bid III. 2 Side Loading No Bid MFG. MAKE Y, MODEL: Ford LN 800 - Heil Mark III NEAREST PARTS /SERVICE: Houston, Texas WARRANTY: Truck -12 mos. /12,000 miles Body -1 yr. - parts /labor DELIVERY: 60 -90 cal. days A.R.O. OPTION: Failed to Bid BIDDER: HUGH WOOD FORD SECTION QUANTITY DESCRIPTION Unit Price Total Price I. 2 Rear Loading $21,557.91 $ 43,115.82 II. 2 Side Loading No Bid III. 2 Side Loading No Bid MFG. MAKE g MODEL: Ford LN 800 NEAREST PARTS /SERVICE: Baytown, Texas I WARRANTY: 12 months or 12,000 miles !f DELIVERY: 120 cal. days A.R.O. OPTION: $90.00 BIDDER: HI -WAY EQUIPMENT COMPANY SECTION QUANTITY DESCRIPTION Unit Price Total Price I. 2 Rear Loading No Bid II. 2 Side Loading $36,413.00 $ 72,826.00 III. 2 Side Loading No Bid MFG. MAKE $ MODEL: Lodal EDO -2050 NEAREST PARTS /SERVICE: Houston, Texas WARRANTY: 6 months DELIVERY: 30 -60 cal. days A.R.O. OPTION: Not available BIDDER: BENJAMIN FELD F, ASSOC. SECTION QUANTITY DESCRIPTION Unit Price Total Price I. 2 Rear Loading No Bid II. 2 Side Loading No Bid III. 2 Side Loading $39,340.00 $ 78,680.00 Minutes of the Regular Meeting - December 9, 1976 BIDDER: BENJAMIN FELD $ ASSOCIATES (Continued) MFG. MAKE & MODEL: IHC 1910B or GMC TE675 -13 NEAREST PARTS /SERVICE: WARRANTY: DELIVERY: OPTION: Houston, Texas 1 full year 135 cal. days A.R.O. $360.00 610'4 Resolution No. SS3 - Cast Votes for Election of the Board of Trustees of the Texas Municipal League Workmen's Compensation Joint Insurance Fund The terms of three members expire. They are Abe Allen of Abilene, JuaNita Brodecky of Rio Hondo, and Don Cheatham of Amarillo. Those names have been submitted for re- election. The Administration recommended approval of the resolution. Councilman Hutto moved for adoption of the resolution; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DIRECTING THE CITY CLERK OF THE CITY OF BAYTOWN TO COMPLETE THE OFFICIAL BALLOT INDICATING COUNCIL'S CHOICE OF CANDIDATES TO SERVE ON THE BOARD OF TRUSTEES FOR THE TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT INSURANCE FUND. Resolution No. 554 - Juvenile Service Division Grant The Administration requested that authorization be made to submit a grant application in the amount of $52,242.00 to fund a Juvenile Service Division for the year beginning in April, 1977. The City's share of $36,000+ would be in -kind. This grant would allow the City to establish a Juvenile Services Section which would include ane sergeant, two patrolmen, and one secretary. This program is needed in view of the increase in juvenile crimes in the area. There has been an average of 21% increase in juvenile crimes over the past three years in Baytown. By enlarging this division an emphasis can be placed upon counseling with pre - delinquents and their parents. The application is either first or second on the priority list with H -GAC. The Administration recommended approval of the resolution. Councilwoman Wilbanks moved for adoption of the resolution; Councilman Cannon seconded the motion. Councilman Kloesel expressed concern regarding expanding the police department. He knows there are problems to be resolved, such as the problem with teenagers on Texas Avenue, but does not feel that expanding the police department will solve them. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel 6105 Minutes of the Regular Meeting - December 9, 1976 RESOLUTION NO. 554 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 CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR FOR A JUVENILE SERVICE DIVISION GRANT IN THE AMOUNT OF FIFTY -TWO THOUSAND TWO HUNDRED FORTY -TWO AND NO 1100 ($52,242.00) DOLLARS. Resolution_— Abandoning Whiting Street Mr. Richardson stated that if Council would instruct him to prepare and Council would adopt a resolution stating that the portion about payment being waived be amended to include "publicly owned tax exempt educational institutions and charitable institutions." Then, Council could proceed to adopt an ordinance which would deter- mine that Lee College is a "publicly owned tax exempt educational institution" rather than a "charitable institution." Councilman Kloesel moved to amend Resolution No. 11 as suggested by the City Attorney; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING RESOLUTION NO. 11 CON- CERNING POLICIES AND PROCEDURES FOR THE ABANDON- MENT, ABOLISHMENT AND RELINQUISHMENT BY THE CITY OF ITS RIGHTS, POWERS AND OWNERSHIP IN AND TO ITS STREETS, ALLEYS, SIDEWALKS, EASEMENTS AND SIMILAR PUBLIC PROPERTIES, PROVIDING FOR COMPEN- SATION TO BE PAID IN PROPER INSTANCES, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Councilmen Kloesel moved to removed the ordinance from the table; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Councilman Kloesel moved to adopt the ordinance as amended by the City Attorney; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: Councilman Cannon ORDINANCE NO. 2139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING THAT THAT PORTION OF WHITING STREET FROM AMERICAN AVENUE TO THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY BE VACATED, ABANDONED AND CLOSED; PROVIDING FOR THE QUITCLAIMING OF PART OF THE CITY'S INTEREST IN SAID LAND; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 6106 Minutes of the Regular Meeting - December 9, 1976 Mayor Gentry then declared a ten - minute recess. Resolution No. 555 - Renewal of Subcontract with H -GAC for the 1977 Unified Work Program This would enable the City to continue the present planning program to support the state's transportation planning process. There is an increase of $5,000.00 over last year. The Administration recommended approval of the resolution. i Councilman Cannon moved for approval of the resolution; Councilwoman Wilbanks seconded the motion. One of the products of this project is the General Study Plan which is submitted to the State for planning purposes. If this subcontract were not in existence, then this planning would be done by the state or H -GAC. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 555 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BY WHICH THE CITY COUNCIL CONCURS WITH THE PROPOSED WORK ELEMENTS ESTABLISHED BY THE HOUSTON - GALVESTON AREA COUNCIL'S WORK PROGRAM AND AUTHORIZING THE ADMINISTRATION TO RENEW AN INTERGOVERNMENTAL AGREEMENT WITH THE HOUSTON - GALVESTON AREA COUNCIL FOR FUNDING. Resolution No. 556 - Accept General Study Plan A summary of the findings of the study include the following: 1. Present population; 2. Characteristics of the population; 3. Housing; 4. Housing Conditions; 5. Projected population; 6. Education; 7. Background of citizens. The Administration recommended approval of the resolution which states that the City of Baytown will use the plan as a guideline for future decisions. Councilman Kimmons moved for adoption of the resolution; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE "GENERAL STUDY PLAN OF BAYTOWN, TEXAS," AND ADOPTING IT AS A GUIDELINE FOR FUTURE URBAN PLANNING ACTIVITIES. r 6107 Minutes of the Regular Meeting - December 9, 1976 Advertise for Bids - Reroofing of Community Center There are numerous leaks in the Community Center. Through the years the leaks have been patched but all the leaks cannot possibly be patched. The roof is about ten years old. No funds were included in the budget for this project; however, there are unappropriated revenue sharing funds in the amount of $26,229.00 which the Adminis- tration requested be appropriated for that project. The Administration requested that authorization be made to prepare plans and specifications and advertise for bids to reroof the entire building. Councilman Lander moved to authorize the preparation of plans and specifications and advertisement for bids to reroof the Community Building; Councilwoman Wilbanks seconded the motion. In response to a question from Council, Mr. Lanham explained that the unappropriated funds came from interest received from time deposits and underruns on previous appropriations. Councilman Kimmons requested that when specifications were prepared, an option be included for a polyurethene roof. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Advertise for Bids - Cleaning and Televising of Sanitary Sewer Lines Problems have occurred in the area of Amy, Scott, Midway and Wildrose. The Administration requested authorization be made to advertise for bids for cleaning and televising of these lines in order to determine exactly what needs to be done. There is approx- imately 8,000' of line and the estimated cost is $6,000.00. The Administration recommended approval to advertise for bids using 1975 Sewer Bond Funds. Councilman Kloesel moved to authorize the Administration to advertise for bids. Councilwoman Wilbanks seconded the motion. In response to a question from Council, Ivan Langford III, Director of Public Works, explained that there are two pieces of equipment involved; that is, the cleaning unit at approximately $50,000+ and the televising unit at approximately $35- $40,000. Therefore, the purchase of this equipment would not be feasible. Police Policy Councilman Kloesel referred to complaints from citizens regarding the fact that most crimes do not receive the follow -up that is really necessary, but added he was not interested in expanding the manpower. Councilman Kloesel pointed out that the judgment of some of the younger officers needs to be improved with experience. He also pointed out that a great deal is expected of men with little experience -- they are on their own after little training and receive a car after one year if they reside in the city limits. Councilman Kloesel stated that he does not know if a man can be trained in judgment and techniques in a one -year period. He suggested that perhaps the new people should be trained by placing them with the older, more experienced men to be trained in areas of judgment, such as deciding whether to confine a person. There are cases when persons who are not a threat to society are confined in jail rather than letting the court make the decision. 61043 Minutes of the Regular Meeting - December 9, 1976 Councilman Cannon stated that if all three things mentioned by Councilman Kloesel -- more follow -up, more training, and no more men -- could be done, it would be quite an accomplishment. Committee Reports None. Unfinished Business None. Recess and Reconvene Mayor Gentry recessed the open meeting into executive session to discuss land acquisition and personnel matters. When the open meeting reconvened, Mr. Lanham recommended that Jack Cramer, the present Plumbing Inspector, be appointed Chief Building Inspector at a salary of $1,425.00 per month. This would be effective January 1, 1977. Councilman Cannon moved to confirm the appointment of Jack Cramer to Chief Building Inspector; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None There being no further business to transact, Councilman Cannon moved to adjourn; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Ad "Ja ISO 2 W�Z'nn Bryant, Depu� City Clerk APPROVED: r Eileen P. Hall, City Cler