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1977 05 12 CC Minutes6255 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 12, 1977 The City Council of the City of Baytown, Texas, met in regular session Thursday, May 12, 1977, 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 0. Hutto Councilman Allen Cannon Councilman Tom Gentry Mayor Fritz Lanham City Manager Neel Richardson City Attorney Eileen P. Hall City Clerk Dan Savage Assistant City Manager Mayor Gentry called the meeting to order, and the invo- cation was offered by Councilman Allen Cannon. Approve Minutes Councilman Kloesel moved to approve the minutes of the special meeting of April 21, 1977, and the regular meeting of April 28, 1977, and ratification of actions taken concern- ing each of the matters listed on the agendas for said meetings. Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Receive Petitions A petition had been presented to the Administration re- questing that Ashleyville Street be improved, with six of the nine residents abutting this street signing the petition. Several months ago a similar petition had been presented, but the estimated cost was lower than the actual cost; therefore, the Administration gave the property owners a new estimate of $35.00 per front foot and recirculated the petition. The actual cost to the property owners will be determined by pub- lic hearing. This project will be funded from 1975 Street Improvement Bond Funds. Councilman Cannon moved to accept the petition; Council- man Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Tom Gentry Nays: None City Manager's Report 1976 Edition of Southern Standard Building Code - Mr. Lan- ham mentioned to Council that a copy of the 1976 Edition of the Southern Standard Building Code had been urnis hed to Coun- cil, the agen a pac ett a agen a pac et, in order that Council might have ample time to review this information. An item will be placed on the next regular Council agenda for Council consid- eration of this Code. 6256 Minutes of the Regular Meeting - May 12, 1977 Commercial Fishermen Operating in Brownwood /Lakewood Area - The Administration has been receiving numerous calls regarding commercial fishermen operating in Brownwood /Lake- wood Area. The Legal Department has done a great deal of research on this matter and has found that the State has the authority to regulate certain types of commercial fishing operations in bays if the City places buoys no further than one mile from its city limits. The Administration estimated that at least 24 buoys would be needed to cover the area to prohibit certain types of fishing which would cost approxi- mately $12,000.00. The big problem, however, would be instal- lation of the buoys since the weights used on buoys weigh approximately 500 pounds. The buoys would have appropriate flags to indicate to commercial fishermen that they are not to operate in this area. In order to place these buoys, it would be necessary to obtain permission from the Corps of Engineers and the U. S. Coast Guard, but if the City places the buoys, the State can then enforce the restrictions. Councilman Hutto inquired if signs could be placed at the en- trance of these bays stating the prohibition. Mr. Lanham pointed out that the law did state that buoys must be placed, and said that this item would be placed on the next Council agenda for consideration. Councilman Kloesel asked that the Administration develop cost estimates on the installation of the buoys for presentation at that time. Employees' Petition - At a meeting about 60 days ago, the Council was presented with a petition which was signed by a large number of City employees requesting that study be given to improving some employee benefits, specifically: 1. A merit system. 2. Comparable longevity pay between non -civil service employees and civil service employees. 3. Changes in the payment of sick leave. Mr. Dan Savage, Assistant City Manager, developed cost estimates for these requests based on the 1976 -77 Budget. In the present budget, $39,493.00 is budgeted for longevity for non -civil service employees. This is based on $2.00 per month per year of service up to the maximum of 25 years of service. Therefore, a non -civil service employee who has been with the City for 25 years would receive a total of $600.00 lon evity per year. The formula for civil service employees is 14.00 per month; therefore, it would cost an additional $39,493.00 to increase non -civil service employees to the same level as civil service employees. Mr. Savage also pointed out that there is a bill being considered which, if assed, would increase longevity for civil service employees to 5.00. The employees also requested that individuals who retire be paid all of their accumulated sick leave. There are 12 employees who are eligible to retire; 7 have been employed with the City over 15 years and are over 60 years of age and 5 have been employed with the City over 28 years and are under 60 years of age. If these employees retired and were paid for all of their sick leave up to ninety days, the cost would be $52,000.00, and if these employees retired and were paid for all of their accumulated time, the cost would be $100,000.00. On the basis that these employees would probably be retiring within the next five years, the cost would be $20,000.00 per year which is a conservative estimate. There are a total of 281 positions which would be eligible for consideration in a merit increase system. The average salary of both civil service and non -civil service employees M 6257 Minutes of the Regular Meeting - May 12, 1977 for 1976 -77 is a little over $10,000.00. The step increase plan provides for 3.57% increases between steps; therefore, a one -step merit increase would average $360.00 per year. If 10% of the 281 employees, who are eligible for merit in- creases, were granted a one -step increase the cost would be just over $10,000.00 a year; if 25% of the employees eligible for merit increases were granted a one -step increase, the cost would be just over $25,000.00. If a two -step increase were grantod to 25% of the employees, the cost would be $50,000.00. The Administration made no recommendation or study as to how many merit increases should be granted or as to what procedure should be used, but it probably would be accurate to say that the range would be somewhere between $10,000.00 and $50,000.00; therefore, there would be minimum cost of $70,000.00 with a maximum cost exceeding $100,000.00. Mr. Lanham explained that this report would be presented in written form to Council so that Council would have ample time to study this information prior to budget consideration. Council did express concern over disparity in benefits between departments. McComb Contractors - Spur 330 Project - The new manager and superintendent with McComb Contractors visited the Adminis- tration in response to a letter which the Mayor had written to the company several months ago. These representatives of McComb Contractors felt that the Spur 330 Project will be completed within 60 days; also the Bayway Drive Project is nearing completion. Councilman Hutto requested that the Administration make inquiry as to the reasoning behind the contractor excavating beyond the businesses on this project and then going back to work on tho bridge rather than completing the work in front of these businesses. Councilman Kloesel requested that the State be asked to relocate the warning signals on the Loop 201 Project at the West Main Bridge since these signals are located too close to the actual construction. Mayors, Councilmen and Commissioners Institute - Mr. Lanham pointed out to Council that a copy of the announce- ment of the program of the Mayors, Councilmen and Commissioners Institute to be held in McAllen on June 4 -7 had been placed at the Council table and stated that if any Council members were interested in attending, arrangements would be made through his office. Baytown- LaPorte Tunnel - Two weeks ago a delegation appeared before Council regarding the problems at the Baytown - LaPorte Tunnel and asked for the following: 1. Police assistance from 5:30 to 7:30 a.m. five days a week; 2. That the Highway Department be contacted regarding the installation of a traffic signal at Spur 201 and Highway 146; That signs be installed stating that lane changing between the hours of 5:30 to 7:30 was illegal. Since that time, the Administration has had the Police Department work this area for one week with an average of seven tickets per day being issued for non - hazardous violations. Therefore, the problem seems to be with the fact that the tunnel 6258 Minutes of the Regular Meeting - May 12, 1977 was designed to accommodate 15,000 vehicles per day, while approximately 28,000 vehicles per day are now using the tunnel. The Administration met with Mr. Poorman and representa- tives from his office to discuss the possibilities of a signal at Loop 201 and Highway 146. It was their feeling that this would only aggravate the problem rather than provide relief. The Highway Department is going to look into the possibilities of providing areas along Highway 146 and Loop 201 where in- dividuals will be able to park their vehicles and ride with others. Pictures taken by the Baytown Police Department reflect that approximately 900 of the automobiles waiting to travel through the tunnel had only one occupant. Also, the Highway Department is considering the utilization of the sig- nals at the tunnel to stop one lane of traffic completely and allow the other lane to flow freely. The Administration felt that the latter suggestion would probably help the most to alleviate some of the problem with flow of traffic. Representatives of the Commuter's Association will meet with Highway Department officials on Saturday. Councilman Hutto suggested that perhaps the Highway De- partment would consider some method of maintaining a reason- able speed through the tunnel. Mr. Lanham pointed out that another possibility which industry might be asked to consider is the staggering of working hours. Resolution - Bridge over Tunnel - Mr. Lanham reminded Council of the Resolution which was passed at the last regular meeting of Council requesting that the Highway Department consider the construction of a bridge across the Baytown- LaPorte Tunnel and asked if Council would like the Administration to request an appearance before the State Highway Commission in this regard. Council concurred that the Administration should write a letter to the Highway Commission requesting that the City of Baytown's request be placed on the agenda for con- sideration. Questions /Comments Regarding City Manager's Report Councilman Kloesel commented that lie had been receiving complaints on alley cleanup and felt that the Health Depart- ment should become more involved in a cleanup program, and that more bilingual leaflets need to be circulated to warn people in the area that the alleys must be kept clean. Ordinance - Amending Chapter 31, "Utilities," by the Amendment of Natural Gas Service Council has been furnished with a letter from Mr. Howard E. Bell, Vice President & Division Manager for Entex, Inc. which requested that Council consider the following alternatives: 1. To approve the request as originally submitted. 2. To approve the request as submitted without the cost of service provision. Two ordinances have been prepared reflecting the alternatives mentioned above. Mayor Gentry explained that at the last Council meeting, the Council had attempted to take action, but the question 6259 Minutes of the Regular Meeting - May 12, 1977 resulted in a tie vote, and asked if there was a motion that either one of these ordinances be adopted. Councilman Kloesel stated that this was a reconsideration and asked who would be eligible to make a motion to reconsider. Mayor Gentry asked who made the determination that this was a motion to reconsider, and Councilman Kloesel said that he had made this determination and wanted to know who would be eligi- ble to make a motion to reconsider. The City Attorney left the meeting to research this question to return later with a written answer for Councilman Kloesel. In the interim, Councilman Lander moved that Proposed Ordinance No. 70428 -1(b) be adopted; Councilman Cannon second- ed the motion. Councilman Cannon asked for a point of clarification, that is that Entex, Inc. is in no way a producer of gas or a producer of very little gas. Mr. DeSalme, was present and verified that this was correct and that all gas delivered to the Gulf Coast Division was purchased from Houston Pipeline. He also verified that Entex, Inc. does not own an interest in Houston Pipeline or vice - versa. Councilman Hutto spoke to the question and stated that Council was charged with the responsibility of regulating utilities within the city limits of Baytown, but Council did not have the authority to abuse these utilities. He explained that he had voted against the proposal when presented at the last Council meeting because the cost of service adjustment was included. Councilman Hutto went on to say that since Entex had not requested an increase since 1968, and this company had to make adjustments in operating expenses just as the City had to make adjustments in operating expenses, he felt that some kind of increase would be in order, and if Council felt that the $2.00 per month increase was too much, then he cer- tainly would be willing to vote for $1.00 per month increase. Councilwoman Wilbanks stated that she would vote against the motion because in the rate - making process the City was given unilaterally prepared figures from the company requesting a rate increase and the City had to work with these figures without the verification of another authority unless a rate expert was hired. Councilwoman Wilbanks said that she did want the company to receive a fair rate of return based on adjusted value of invested capital, and she wanted the people of Baytown to receive the lowest possible rate. However, since she was not certain of the figures, she would necessarily have to vote against the rate increase, but would be in favor of hiring a rate expert. Councilman Kloesel said woman Wilbanks in that the $ he did feel that the company The vote follows: Ayes: Council members Mayor Gentry Nays: Council members ORDINANCE that he concurred with Council - 2.00 increase was too great, but was entitled to a lesser increase. Lander, Kimmons, Hutto and Cannon Kloesel and Wilbanks NO. 2223 AN ORDINANCE DETERMINING AND FIXING THE MAXIMUM SCHEDULES OF RATES TO BE CHARGED BY ENTEX, INC. IN THE CITY OF BAYTOWN, TEXAS, FOR NATURAL GAS AND NATURAL GAS SERVICE FURNISHED BY IT TO RESI- DENTIAL AND COMMERCIAL CONSUMERS; FIXING THE EFFECTIVE DATES OF GAS RATES PRESCRIBED IN THIS ORDINANCE; MAKING MISCELLANEOUS PROVISIONS AND REPEALING ALL ORDINANCES IN CONFLICT. 6260 Minutes of the Regular Meeting - May 12, 1977 Ordinance - Amending Section 18 -40, "Report of Accidents" Council had discussed this item at the last meeting and had requested that the matter be placed on the agenda for this meeting. Three ordinances have been prepared for Council consideration: 1. Makes it mandatory for an individual who is involved in an accident to notify the Police Department if a certain dollar amount is exceeded. 2. Provides the same provisions as the ordinance men- tioned above and also provides that the Police Department will not investigate an accident unless it involves personal injury, death, or total pro- perty damage exceeding a certain amount. 3. Provides that all reference to "Report of Accident" be eliminated. The Administration recommend that the ordinance remain as presently constituted. Council took no action regarding this item. Ordinance - Creating a Personnel Department and Designating the Personnel Director as the Civil Service Director This item and Item No. 9 were discussed at the last Council meeting where there was some confusion on the part of the firemen and policemen, but since that time this con- fusion has been resolved and there is no opposition to either ordinance. This ordinance formally creates the Personnel Department and designates the Personnel Director as the Civil Service Director. The purpose of this ordinance would be to give the Personnel Director the responsibility for handling the administrative duties of the Civil Service Commission. This ordinance would not alter the duties of the Civil Ser- vice Commission which are set forth by law. The Civil Ser- vice Commission, as well as the Administration, recommended approval of the ordinance. Councilman Cannon moved for the adoption of the ordi- nance; Councilman Kimmons seconded the motion. Councilman Kloesel said that he was opposed to the change even though it appeared to be a more efficient system because by making this change some power would be delegated to the Personnel Director through his administrative duties. Also, since the City Manager is responsible for the hiring of the Personnel Director, as well as the appointment of the Com- mission itself, he felt that the Manager would be given too much authority; Councilman Hutto concurred with what Council- man Kloesel had stated. Councilman Cannon felt that there would be no problem in this regard since Council confirmed all such appointments; Mayor Gentry concurred. Mr. Lanham explained that the only reason he appointed the Civil Service Commission was that the law provided that he do so. Councilman Lander said that as far as he was concerned this change would have no effect on the Civil Service Com- mission since the change only provided for record keeping responsibilities, and the Civil Service Commission would have the same responsibilities as always; Councilman Cannon con- curred and said that he felt this change would only simplify 6261 Minutes of the Regular Meeting - May 12, 1977 matters. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks and Cannon Mayor Gentry Nays: Council members Kloesel and Hutto ORDINANCE NO. 2224 AN ORDINANCE CREATING THE DEPARTMENT OF PERSONNEL FOR THE CITY OF BAYTOWN; PROVIDING FOR THE POWERS AND DUTIES OF THE HEAD OF SUCH DEPARTMENT: RE- PEALING ORDINANCES INCONSISTENT HEREWITH: CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending Civil Service Rules for Police and Fire Civil Service System This ordinance is necessary in view of the ordinance which was just adopted to change the Civil Service Rules to reflect that the Personnel Director will also be the Director of Civil Service. The Civil Service Commission, as well as the Admin- istration, had recommended approval of this ordinance. Councilman Kimmons moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks and Cannon Mayor Gentry Nays: Council members Kloesel and Hutto ORDINANCE NO. 2225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF jjj BAYTOWN, TEXAS, APPROVING AMENDMENT BY THE CIVIL SERVICE COMMISSION OF RULE I, SECTION 12, "DIRECTOR," OF THE CIVIL SERVICE RULES OF THE CITY OF BAYTOWN, TEXAS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Appropriating Revenue Sharing Entitlement VIII At the last meeting of Council a public hearing was held, and two persons appeared to make requests. One request was for additional sidewalks within the City and bike trails. The Director of Parks & Recreation has been working with the County regarding the possibility of constructing a bike trail from Walker Park along Goose Creek Stream to the Baytown Sports Com- plex at an estimated cost of $50,000.00. There are sidewalks along 44 miles of the streets in the City, but there is a total of approximately 272 miles of streets that would need sidewalks. The cost of building sidewalks based on the most recent figures is $8.00 per foot, so for one mile of sidewalk on one side of the street, the cost would be $40,000.00. If all the streets in the City were equipped with sidewalks, the cost would be $20,000,000.00, which is prohibitive. The rea- son for scarcity of sidewalks is that sidewalks were not required by the Subdivision Ordinance until 6 or 8 years ago. Within the target area for community development, some side- walks have been included. Sidewalks certainly are desirable; however, it would be a tremendous task to get them in all areas where needed. Council requested that the Administration develop cost estimates for the repair of radios on a contract basis. Based on bids received several months ago, the estimated cost would 6262 Minutes of the Regular Meeting - May 12, 1977 be $67,000.00 per year. The current cost to the City is $41,000.00 per year, and the City has the advantage of having a full time technician readily available. Council had also requested that the Administration check the availability of existing buildings to house the radio shop. The Fire Administration Building will not accommodate the large trucks, neither will any other building now owned by the City; the building which is planned will house these large trucks. In order to recondition the bookmobile which is 6 years old, the cab and chassis would need to be replaced; therefore, the Administration felt it would be better to purchase a new vehicle. In response to an inquiry from Council regarding water leaks, Mr. Lanham explained that Mr. Langford, Director of Public Works, had instituted a follow -up program which has resulted in a tremendous improvement. The number of calls complaining of water leaks have decreased by half. Also, through this new system, the same leak is not reported over and over because the leak is repaired when reported. Councilman Kloesel had asked for an estimate to construct a walkway along the West Main Bridge. The estimated cost to construct this walkway is $60,000.00. This cost estimate was based on similar construction. The ordinance which has been prepared includes the recom- mendations that were presented at the last meeting, plus $6,000.00 for the animal control program. Mr. Lanham reviewed these recommendations with Council as follows: 1. Construction of the new radio shop ........ $ 40,000.00 2. Purchase of Sewer Cleaning Machine ........ $ 60,000.00 3. Purchase of Drainage Materials ............ $ 65,000.00 This is in response to one of the persons who appeared requesting more money for drainage. 4. Rehabilitation of Community Building Heating and Air Conditioning System. ***** ... **'**' $ 65,000.00 This is the installation of a four -pipe system. S. Construction of Street Improvements ....... $100,186.00 6. Purchase of air packs ... .................$ 32,000.00 Six of these air packs will be placed at Station No. 2; three at Station Nos. 3 $ 4; five at Station Nos. 5 & 6; two in the Cap- tain's van; and one air pack will be assign- ed to the Chief and one to the Assistant Chief. 7. Purchase of epoxy dispenser ...............$ 7,200.00 8. Purchase of bookmobile ....................$ 33,000.00 9. Animal Sterilization Program ..............$ 6,000.00 The total cost of the recommended expenditures .......... ....................$408,386.00 The Administration recommended approval of the ordinance. In response to a question from Councilman Kloesel, Mr. Rountree explained that the bike trail being discussed with the County would connect Sterling High School, the Baytown 6263 Minutes of the Regular Meeting - May 12, 1977 Sports Complex, Walker Park and the League of Women Voters Park. However, the County will only be able to give con- sideration to this bike trail after all their summer facil- ities are ready for use. Councilman Kloesel moved that the Administration's recommendations be adopted with the exception of the Re- habilitation of the Community Building Heating and Air Conditioning and the animal sterilization program, and to substitute a bridge over West Main with a connecting walk- way from the Civic Center to the West Main Bridge crossing Goose Creek Stream to Barrymore Street. This motion died for lack of second. Councilman Kimmons moved to adopt the ordinance as presented; Councilman Lander seconded the motion. Councilman Kloesel moved to amend the motion to delete the animal control program; Councilman Cannon seconded the motion. Councilman Cannon felt that the City had too many other needs to expend $6,000.00 to control animals. Councilman Hutto explained that this program would not only provide animal control, but rabies control as well, and that the program was only for 3 -5 months trial basis at which time the committee would report to Council. The vote on the amended motion follows: Ayes: Council members Kloesel and Cannon Nays: Council members Lander, Kimmons, Wilbanks and Hutto Mayor Gentry AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE FOUR HUNDRED EIGHT THOUSAND THREE HUNDRED EIGHTY -SIX AND NO/ 100 ($408,386.00) DOLLARS FROM THE UNAPPROPRIATED EIGHTH ENTITLEMENT PERIOD FUNDS OF GENERAL REVENUE SHARING, 1977, TO THE FOLLOWING BUDGET ACCOUNTS: 7810, PUBLIC SAFETY; 7820, ENVIRONMENTAL PROTECTION; 7830, PUBLIC TRANSPORATION; 7840, HEALTH; 7850, RECREATION; 7860, LIBRARIES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Final Payment for Painting City Hall Exterior This work was done by Norville H. Phillips, Contractor, who has done a very satisfactory job. The cost of this con- tract is $4,610.00, and the Administration recommended approval of the ordinance. Councilman Kloesel moved to adopt the ordinance; Council- man Hutto seconded the motion. The vote follows: Ayes: Council member Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None The vote on the original motion follows: Ayes: Council members Lander, Kimmons, Wilbanks and Hutto Mayor Gentry Nays: Council members Kloesel and Cannon ORDINANCE NO. 2226 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE FOUR HUNDRED EIGHT THOUSAND THREE HUNDRED EIGHTY -SIX AND NO/ 100 ($408,386.00) DOLLARS FROM THE UNAPPROPRIATED EIGHTH ENTITLEMENT PERIOD FUNDS OF GENERAL REVENUE SHARING, 1977, TO THE FOLLOWING BUDGET ACCOUNTS: 7810, PUBLIC SAFETY; 7820, ENVIRONMENTAL PROTECTION; 7830, PUBLIC TRANSPORATION; 7840, HEALTH; 7850, RECREATION; 7860, LIBRARIES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Final Payment for Painting City Hall Exterior This work was done by Norville H. Phillips, Contractor, who has done a very satisfactory job. The cost of this con- tract is $4,610.00, and the Administration recommended approval of the ordinance. Councilman Kloesel moved to adopt the ordinance; Council- man Hutto seconded the motion. The vote follows: Ayes: Council member Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6264 Minutes of the Regular Meeting - May 12, 1977 ORDINANCE NO. 2227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE PAINTING OF EXTERIOR SURFACES OF THE BAYTOWN CITY HALL BY NORVILLE H. PHILLIPS FINDING THAT THE {YORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID NORVILLE H. PHILLIPS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding Bid on Group Insurance for City Employees Two bids were received on group insurance for City Em- ployees. The low bidder was Massachusetts Mutual, the present carrier, who applied for a rate increase of approximately 40% on the medical portion of the insurance coverage. The reason for this requested increase was that medical expenses exceeded premiums by 13 %. Bid forms were mailed to 13 agents, but only two companies bid. The tabulation follows: MASSACHUSETTS MUTUAL BLUE CROSS Employee Only $ 25.67 $ 32.40 Employee and Children $ 42.32 $ 59.37 Employee and Spouse $ 65.03 $ 80.16 Employee and Family $ 81.69 $ 97.79 Term Life per $1,000 $ .60 $ .42 Accidental Death $ .10 $ .08 The City was notified on April 1, that the current coverage would remain in effect until May 1 and then there would be an increase of 44 %. The increase was analyze and the Administration determined it be to the City's best ad- vantage to advertise for bids; bids were mailed on April 26, which left only two weeks for the companies to respond. Mayor Gentry pointed out that this period of notification could be one reason for the poor response, in that the carriers did not have sufficient time to formulate their bids, and sug- gested that the next time specifications are drawn for this sort of thing that a longer period of notification be granted. Councilman Kloesel moved to reject the bids and to au- thorize the Administration to advertise for bids providing sufficient time for the carriers to tabulate their bids. Mayor Gentry said that this would present a problem in that there would be no assurance that the company would be willing to continue with the same rate. Councilman Cannon said he would like to second the motion, but he was not sure that the present carrier would continue coverage under the same rate. Councilman Kloesel withdrew the motion. Council did consider delaying action on this matter until the second meeting in May. However, Mr. Savage explained that he had conversed with 3 -4 agents who did express concern about the period of notification, but most of these agents were more concerned with the fact that the City did move from carrier to carrier. Mayor Gentry added that there were a number of com- panies that would not bid any type policy on a municipality, school, or hospital, so there is definitely a limited market. He continued that at this point in time, the City would be better off to accept this bid and in the future provide more time for the carriers to compile their data. 6265 Minutes of the Regular Meeting - May 12, 1977 Councilman Cannon pointed out there would be nothing to prevent the City from advertising for bids at a later date. Councilman Hutto said that these bids appeared to be good bids and moved to adopt 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. 2228 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MASSACHUSETTS MUTUAL FOR A GROUP INSURANCE POLICY PROVIDING FOR LIFE INSURANCE, MAJOR MEDICAL BENEFITS, AND BASIC MEDICAL BENEFITS FOR THE CITY OF BAYTOWN EMPLOYEES; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH MASSACHUSETTS MUTUAL, AND DIRECTING PAYMENTS OF PREMIUMS PURSUANT TO THE TERMS OF SAID CONTRACT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Accepting Easement for Water Line Through Exxon This item is necessary for the construction of the ex- tension of the Bayway Drive Water Line which will be discussed later in the meeting. The Administration recommended approval of the ordinance. Councilman Kimmons moved to adopt the ordinance; Council- man Kloesel seconded the motion. The vote follows: Ayes: Council member Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE AQUISITION OF A RIGHT OF WAY FOR A 16 -INCH WATER LINE ACROSS LAND OWNED BY EXXON CORPORATION; AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE AND NO /100 ($1.00) DOLLAR; DIRECTING THE MAYOR TO EXECUTE THE INSTRUMENTS GRANTING RIGHT OF WAY TO THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Final Payment Construction of Bob Smith Road This project has been inspected and approved by the City Engineer and Consulting Engineers. The final cost of the project is $295,746.75 which is an underrun of approximately $3,000.00. The Administration recommended approval of the ordinance. Councilman Kimmons moved to adopt the ordinance; Council- man Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6266 Minutes of the Regular Meeting - May 12, 1977 ORDINANCE NO. 2230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE CONSTRUCTION OF BOB SMITH ROAD DRAINAGE IMPROVE- MENTS BY UTILITY CONTRACTORS, INC. D /B /A U. C. OF TEXAS, INC. FINDING THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAY- MENT TO THE SAID UTILITY CONTRACTORS, INC. D /B/ A U. C. OF TEXAS, INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Agreement with Texas Parks $ Wild- life Department for Construction of Phase II Improvements at the Baytown Sports Complex This agreement will provide for federal funds in the amount of $107,886.00 for Phase II of the Development of the Sports Complex which will include utilities, roads, rest - rooms, lighted softball fields, lighted tennis courts, parking areas, play slab, and play area. The Administration recom- mended approval of the ordinance. Mr. Lanham mentioned that the Administration would be introducing a similar document to Council for consideration regarding the purchase of park land. Councilman Kloesel moved to adopt the ordinance; Council- man Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE AN AGREEMENT WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR CONSTRUCTION OF PHASE II IMPROVE- MENTS AT THE BAYTOWN SPORTS COMPLEX AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Agreement With the Texas Department of Community Affairs for Operation of the Youth Conservation Corps Program The City participated in this program last summer and the young people who participated in this program did an excellent job. The funds which will be provided will enable the City to hire twenty -four (24) youths and four (4) college age supervisors to work at environmental projects in the City. The City will receive federal monies in the amount of $19,674.00, with the City's matching share being $4,674.00. The Administration recommended approval of the ordinance. The only criteria to be considered for employment under this program is that the individual must be between the age of 15 -18. Councilman Kimmons moved for the adoption of the ordinance. Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutton and Cannon Mayor Gentry Nays: None 6267 Minutes of the Regular Meeting - May 12, 1977 ORDINANCE NO. 2232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS WITH REGARD TO A YOUTH CONSERVATION CORPS PRO- GRAM AND PROVIDING FOR THE EFFECTIVE DATE HERE- OF. Ordinance - Exchange of Land for Street Right of Way Purposes The owner of property abutting on Hafer Street, in an attempt to sell that property, has discovered that his house is situated on property that is in record title of the City of Baytown. This problem arose from the fact that both the City of Baytown and this property owner purchased property from the same grantor and due to a mistake in description, the City now owns property where this man's house is situated and this man owns the property on which Hafer Street is situ- ated. The City Attorney felt that an exchange of property would be the simplest solution to the problem. The Tax Assessor - Collector has verified that if this trade were made the City of Baytown would be receiving no less in value than what the City would be relinquishing. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for the adoption of the ordinance; Coucilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE EXCHANGE OF LAND OWNED BY THE CITY OF BAYTOWN FOR LAND OWNED BY P. J. KUEHN, JR. ET UX LINDA KAY KUEHN; DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO INSTRUMENTS CONVEYING SAID LAND TO P. J. KUEHN, JR. ET UX LINDA KAY KUEHN, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution - Signatory Officers The Charter provides that the City Manager must sign all checks, vouchers, or warrants for the withdrawal of money from the City Depository or in his absence the City Clerk. The Charter also provides that the City Treasurer must sign same or in his absence a deputy treasurer. This resolution provides for the City Clerk to sign in the City Manager's absence and for the Assistant City Manager to sign in the absence of the City Treasurer. The Administration recommended approval of the resolution. Councilman Cannon moved to adopt the resolution; Council- woman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6268 Minutes of the Regular Meeting - May 12, 1977 RESOLUTION NO. 576 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPOINTING DAN SAVAGE AS DEPUTY TREASURER AND AUTHORIZING WITHDRAWAL OF FUNDS FROM THE CITY'S DEPOSITORY ON CHECKS SIGNED BY J. B. LEFEVRE AS TREASURER OR DAN SAVAGE AS DEPUTY TREASURER AND FRITZ LANHAM, CITY MANAGER OR EILEEN P. HALL, CITY CLERK. Resolution - Authorizing the Execution of the Planning Grant Agreement for the Development of an Airport Master Plan Council questioned some of the wording of the Planning Grant Agreement which was presented at the last meeting. The FAA was contacted and a new Page 1 was submitted which speci- fies that one of the sites to be studied is the existing air- port. The Administration recommended approval of the resolution. Councilwoman Wilbanks moved for the adoption of the resolution; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. S77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A GRANT OFFER OF FEDERAL FUNDS FOR THE DEVELOPMENT OF AN AIRPORT MASTER PLAN AND AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR SUCH PURPOSE. Resolution - Transfer of Funds for the City's Matching Portion of the Airport Planning Study Grant The federal portion of this grant is $45,000.00 and the City's portion is $5,000.00. It is, therefore, necessary to transfer the $5,000.00 from the General Fund Contingency Ac- count. The Administration recommended approval of the resolu- tion. Councilman Kimmons moved to adopt the resolution; Council- woman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 578 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FIVE THOUSAND AND N01100 ($5,000.00) DOLLARS FROM GENERAL FUND ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO GENERAL FUND ACCOUNT NO. 0101 -06 -0400, SPECIAL SERVICES. 1995 Master Thoroughfare Plan The present thoroughfare plan was outdated approximately 4 years after it was prepared. For the proposed master thoroughfare plan, traffic studies were made over all the streets and the major thoroughfare classifications were .1 .! Minutes of the Regular Meeting - May 12, 1977 categorized as primary arterial or secondary arterial. There are considerably fewer collector streets in this proposed plan. Each street will have to meet specific right of way require- ments and width requirements. The City staff prepared this proposed plan, presented it to the Planning Commission, and the Planning Commission has approved the plan and has recommended approval of the plan to Council. The Administration concurred with this recommend- ation. Councilman Kloesel objected to the plan because a portion of Bayway Drive would be abandoned, but this particular street plan had not been altered from the 1964 plan. Councilwoman Wilbanks moved to accept the recommendation of the Administration; Councilman Hutto seconded the motion. Mayor Gentry said that he agreed that this was a Master Plan and that by adopting this plan, although the Council would not necessarily be approving the abandoning of Bayway Drive, Council was certainly adopting the idea of where these streets will run. Council seemed to generally agree that the plan would be modified from time to time and that Council was not considering abandoning a portion of Bayway Drive at this time. Councilman Kloesel made a substitute motion that the pro- posed route of Bayway beginning at Bay Villa moving southeast along the railroad track be deleted from the proposed plan and that the plan indicate that Bayway, for planning purposes, remain the same route, more or less meandering along Scotts and Mitchells Bay over to Wisconsin. The motion died for lack of second. The vote on the original motion follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel Authorize Langford Engineering to Begin a Preliminary Study and Prepare a Preliminary Report on the Proposed East District Sanitary Sewer Trunk Line Funds were included in the last bond sale for the con- struction of the East District Sanitary Sewer Trunk Line. This line will move from the East District Plant in a northerly direction toward Massey Tompkins Road where it will move wester- ly toward North Main. The Consulting Engineers have stated that it will take approximately 90 days to complete the study. The Administration recommended that approval be given to Lang- ford Engineering to proceed with the preliminary study and prepare the preliminary report on the proposed East District Sanitary Sewer Trunk Line. Councilman Kloesel moved to accept the recommendation of the Administration; Councilman Lander seconded the motion. Of the bond funds, $1,051,000.00 was allocated for the East District and the remainder of the $3,000,000.00 was allocated for the Central District. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wil- banks, Hutto and Cannon Mayor Gentry Nays: None 6270 Minutes of the Regular Meeting - May 12, 1977 Authorization to Advertise for Bids of Phase II of the Bay - way Drive Water Main Mr. Jim Hutchinson with the firm of Busch, Hutchinson & Associates, Inc. was present to review the plans with Council. These plans had been reviewed by the City staff and the Ad- ministration recommended approval of the plans. The estimate of the cost for this project is $373,980.00. The first page showed the right of way through the Exxon Refinery for the water line which exits the refinery at Bay Villa. The next several sheets were profile sheets of the water line. Phase One of this project ended at Arbor Street and this is where Phase II will begin. This phase will complete the 16 inch loop around the city. Down on Bayway from Arbor Street is a deep ditch where a trestle crossing will be constructed using steel pipe in order that the pipeline will not be damaged by the fill that the High- way Department will be placing in connection with the next phase of improvement to Bayway Drive. Pre- tension concrete pipe will be used to protect this line. At Arbor there is a line crossing a tapping sleeve and valve to the south side tieing into an existing 8 inch water main which goes all the way down to Bay Villa. This 8 inch water main is a lead jointed cast iron pipe which has been leaking; therefore, this eight inch line will be killed which means that service taps will be run from the 16 inch line on the north side to the south side. There are about 20 such taps that have to be made. The line runs down the north side of the roadway and there will be a great deal of cleaning expense as the line approaches Bay Villa in order to clear the right of way. The line is parallel to the railroad track all the way through the refinery. Exxon has located all existing lines in the refinery; some of the lines will be crossed above ground. After crossing the ditch near Burnett Ele- mentary, the pipe will be AC up to the refinery, where the engineers recommend changing to the pre- stress pipe because it will be in an area where it will be subject to damage. The line will exit the refinery at Harbour Street where again AC pipe will be used. The City Engineer and Director of Pub- lic Works have no objections if the contractor wants to bid concrete pipe throughout this project, so alternate bids on use of concrete pipe will be allowed. The pipe across the creek will be steel pipe but it will be protected inside and out. The engineer pointed out that in order to avoid an attractive nuisance, a grating will be placed on the pipe. The Administration recommended that the plans be approved and that the Consulting Engineers be authorized to advertise for bids. Councilman Kloesel moved to accept the recommendations of the Administration; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Authorize Busch, Hutchinson, & Associates, Inc. to Prepare Plans and Specifications on the Kilgore Road Drainage Project The Consulting Engineers gave the preliminary report about lh years ago, but there was not enough money from the first bond sale to proceed. Now that funds are available, the Ad- ministration recommended that the Consulting Engineers be 6271 Minutes of the Regular Meeting - May 12, 1977 authorized to prepare plans and specifications on the Kilgore Road Drainage Project. Councilman Kimmons moved to accept the recommendation of the Administration; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Approve Plans $ Specifications and Authorize Busch, Hutchinson $ Associates to Advertise for Bids for Construction of the New Market Street Bridge The staff has reviewed and approved these plans and the Administration recommended approval. Jim Hutchinson, Con- sulting Engineer, was present and reviewed the plans with Council. He explained that Council had set 16 feet as the center -line of the roadway and that these plans conformed to this requirement. Once the bridge is removed, the street will be closed to through traffic. As part of this project, a storm sewer will be installed on both sides of the bridge. The street is a curb and gutter type street, 45 feet wide back to back, which will allow for four 11 foot wide lanes. Permits for this project have been approved by the Texas Water Quality Board and the Coast Guard; the permit before the Corps of Engineers is expected to be approved shortly. The cemetery will be disturbed very little. There is a OWN roadway in the cemetery which is not being used now, and it will be abandoned. A ramp will be built into the school parking lot. This has been discussed with the Transporation Manager, Mr. Closs, and he has approved the ramp concept. The sidewalk in front of the school will be torn out in the construction process and will be replaced. There will be a protected turn lane at Carnegie Street. Because of this pro- tected turn lane, traffic will be pushed down onto the as- phalt shoulder so the project will be extended on the right - hand side to Stadium Drive. The asphalt will be replaced with concrete. The drainage in the area will be considerably im- proved by this construction due to the storm sewer and the natural swell that will be concreted in the front of the school by the fill. The bridge will be equipped with a walkway which will have a four foot high chain link fence on the outside and a guardrail on the inside. The engineers plan to receive bids upon receipt of all the proper permits. Councilman Kimmons moved to approve the plans and speci- fications and to authorize the Consulting Engineers to advertise for bids. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Unfinished Business Councilman Kloesel said that he would like to get an esti- mate on the completion date of Spur 55 over Cedar Bayou Stream because he was interested in asking the County to top Pelly /Ever- green Road. He then asked that a simple resolution be prepared asking the County to top Pelly /Evergreen Road. 6272 Minutes of the Regular Meeting - May 12, 1977 Councilman Kloesel also expressed the feeling that each month when Houston Lighting and Power Company submits the cost of service and fuel cost adjustment, this matter should be placed on the agenda for Council consideration; Council had no objections. Committee Reports None. Recess and Reconvene When the open meeting was reconvened, Mayor Gentry requested confirmation of the appointment of Manuel R. Pease to the Wrecker Committee. Councilman Cannon moved to con- firm the appointment of Mr. Pease to the Wrecker Committee; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel Council then considered appointments to the Planning Commission. Councilman Kimmons moved that the following individuals be appointed to service in the positions listed. Jon Pfennig - Attorney Richard King - Realtor Leonard Stasney - Engineer J. Quin Belt - Citizen at Large Dal Griggs - Citizen at Large Richard Andrews - Citizen at Large Councilman Lander seconded this motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Adj ourn There being no further business to be transacted, Councilman Hutto moved to adjourn; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None -21 Eileen P. Hall, City Clerk