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1977 09 22 CC Minutes70922 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 22, 1977 The City Council of the City of Baytown, Texas, met in regular session Thursday, September 22, 1977, 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 Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor Fritz Lanham City Manager Dan Savage Assistant City Manager Neel Richardson City Attorney Eileen P. Hall City Clerk Mayor Gentry called the meeting to order, and the invocation was offered by the Rev. Charles D. Probst, Pastor of St. Paul's Lutheran Church. Annrove Minutes Councilman Kimmons moved to approve the minutes of the regular meeting of September 8, 1977, and ratification of actions concerning each of the matters listed on the agenda of said meeting; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon f Mayor Gentry Nays: None Receive Petitions None. City Manager's Report Revenue Sharing Funds - The Administration is working on the plans and specifications for the Fire Department's pumper and mini - pumper for which Revenue Sharing Funds were appropriated, and they expect to advertise for bids in early October. The Administration is planning to take bids on October 5, 1977 for the additional drainage equipment which was also appropriated under Revenue Sharing Funds. West District Sewage Treatment Plant - The Administration has received a letter from the Texas Department of Water Resources, which is the new name for the agency which includes the Texas Water Quality Board, indicating that the agency has reviewed the City's facility plan for the West District Sewage Treatment Plant and has approved the plan and certified it to the Environmental Protection Agency. The estimated cost of the total project is $4,697,000.00 with approximately $3,440,000.00 eligible for federal grant participation. This application could not be sent on and approved by Environmental Protection Agency until the City could get their permit from the state for the discharge of the effluent into the San Jacinto River. 70922 -2 Minutes of the Regular Meeting - September 22, 1977 Off -Duty Jobs - Police Officers - At the last Council meeting, Council inquired as to the method in which police officers are referred to off -duty jobs. Mr. Lanham explained that he had received a report from Be Turner, Chief of Police, indicating that the depart- ment does not secure off -duty jobs for police officers nor does the department assign men to off -duty jobs. The arrangements are made by the policemen on their own. Solid Waste Collection Route - The Administration has recently completed a study of the City's solid waste residential collection routes. This must be done periodically in order to keep the routes as nearly equal in size as possible. Beginning Monday, September 23, 1977, the garbage trucks will be traveling different routes through the city. This rerouting should provide for more efficient service and equalize the size of the routes. Two major changes will result from this rerouting - residents who place their garbage on the alley between Carolina and New Jersey will have new collection days and they are being notified individually of this change; and other people will be affected only in the time of the day that their garbage will be picked up. The ordinance has provided for many years that the garbage should be placed at the front of the lot or at the alley by 7:30 a.m. and that still will be the case. Door tags have been placed on the doors of the houses which will have their collection day changed and also the Baytown Sun indicated that they will help in publicizing the changes that have been made. In response to a question from Councilman Kloesel, Mr. Lanham responded that the last time a route was added to the garbage collection system was approximately 3 or 4 years ago when 3 additional routes were added. Capital Improvement Project - Bayway Drive Water Line - A total of 4500 feet of pipe has been installed and 34% of the line is in place. Market Street Bridge - The fill work has been completed and the contractor has begun bringing the subgrade to the proper elevation. The contractor will begin the liming operation on Monday, September 26, 1977, to prepare the subgrade for paving. Carnegie Street has been closed at Market Street and will remain closed for 6 to 8 weeks. The Administration has been working with the school officials making preparations to close the street and the school officials have made provisions for handling the school traffic and the buses. All the storm sewer has been installed and about half of the water line replacement has been completed. Eighteen of the 45 pilings that must be driven are in place and this work should be completed in about 2 weeks. East District Sewage Treatment Plant Sludge Dewatering Facilities The support columns for the centrifuge have been poured and the forms are being installed for the construction of the floor slab of the cen- trifuge. The electrical conduit is being installed and this project is about 65% completed. Ouestions or Comments Reeardine the Citv Manaeer's Report Mayor Gentry inquired about the work being done in the Central Heights area. In response, Mr. Lanham explained that storm sewer and sidewalks are being installed in this area and almost all the storm sewer pipe is in place, but there is a great deal of additional work that needs to be done including the shaping of the ditches so that the water may drain properly. Also, the .elevation of some of the inlets will have to be changed and some of the sidewalks will have to be reconstructed. Mr. Lanham also explained that there will be no widening of streets. Mr. Lanham also mentioned that the sidewalk construction along streets where there is no curb and gutter such as Laredo will not look as neat as sidewalks in areas where there is curb 70922 -3 Minutes of the Regular Meeting - September 22, 1977 and gutter. Mr. Lanham also explained that after this work is completed, the water will drain properly. Councilwoman Wilbanks inquired about the drainage problem on Baker Road. Mr. Lanham commented that he had spoken with Mr. Fonteno's office several times and they have informed him that the work that had to be done in order for the one area near the shopping center to drain properly has been done. Mr. Lanham also explained that the project is designed to drain in the ditch along the northside of Baker Road. Councilman Kloesel inquired about the percentage of work that has been completed on the total project in the Central Heights area? In response, Ken Powers, City Engineer, explained that the percentage of work completed is calculated by the pay -out on the amount of pay items which makes this project about about 85% complete but the cleanup work is not near completed. Councilman Kloesel commented that he was concerned about paying the contractor for the work before the entire project is completed including the sidewalks that will need replacing and the cleanup work. Mr. Powers explained that the City has 10% retaining as well as a performance bond from the contractor. Councilman Lander inquired if the City has received the new two -man garbage trucks? In response, Mr. Dan Savage, Assistant City Manager, explained that the new trucks should be coming in within the next two weeks. In reponse to a question from Councilman Cannon, Mr. Lanham explained that it was necessary to close Carnegie Street and also that the contractor is going to pave the portion of Market Street adjacent to the school property to connect Market Street to the parking lot and this will be done as quickly as possible. Councilman Cannon also inquired if there could be something done at the intersection of West Main and Spur 201? Councilman Cannon suggested that maybe a temporary light or a stop sign could be installed on West Main at its intersection with Spur 201, or possibly someone could direct traffic during the peak time of traffic flow. Mr. Lanham commented that the average daily count for 24 hours on Spur 201 is a little under 3,000 and the average count on West Main for 24 hours is 17,241. Mr. Lanham suggested that the Administration could get in contact with the Highway Department to see if there is something they can do about the situation. Councilman Hutto commented that there is a similar problem at the Park and Decker intersection in the mornings. Council suggested that when Spur 201 is completed, a protected right turn lane may help alleviate this problem. Councilman Kloesel felt that Council should look into the possi- bility of widening the portion of West Main from Market Street to Lee Drive and asked that this be passed on to the County Commissioner. He also requested that at the next Council meeting Council discuss the possibility of requesting that West Main be widened to four lanes. Councilman Kloesel commented that he is receiving complaints about the water in the Southwest Addition. He asked that the Engineering Department look into this matter and see how this could be solved. He explained that the water becomes foul about 3 months after the City flushes the fire hydrants. Representative of the American Automobile Association Presented the City with a Pedestrian Safety Award Bob Hacker, a representative of the American Automobile Association was present to present the City with a Pedestrian Safety Award. Each year for the past 38 years, Triple A has conducted a pedestrian safety inventory which is designed to recognize cities and states demonstrating r 70922 -4 Minutes of the Regular Meeting - September 22, 1977 achievement in pedestrian safety and to encourage more effective traffic safety programs. The City of Baytown participated in the latest inventory which reviewed the records and programs for the year 1976 and based on its record, the City of Baytown has earned a special citation for casualty record. Mayor Gentry asked that Mr. Hacker present this award to Council- man Cannon who is the chairman of the Council's Traffic Committee. Councilman Cannon expressed his thanks and said that it is an honor to accept this award on behalf of the City of Baytown. Diana Sharpe Appeared Mrs. Diana Sharpe appeared before Council regarding the payment of $41.00 penalty and interest on back taxes that she did not know she owed the City of Baytown. Mrs. Sharpe explained that she is a resident of Highlands and in Highlands they do not pay city taxes, but they do pay county and school taxes. She explained that when she purchased the land in Baytown, she went to the county and school tax office to notify them of the change of ownership. Since she was unaware of any city taxes being owed, no payments were made. Then in August she was notified by her tenant that taxes were outstanding. Mrs. Sharpe felt that the penalty and interest which had accumulated on this account should be forgiven since she was unaware that any taxes were owed. Mrs. Sharpe said that she had talked with Mr. Scott Bounds, Assistant City Attorney, regarding this matter, and he said that her only recourse would be to appeal to the City Council. She said that she had told Mr. Bounds that she would be willing to pay the taxes without penalty and interest, but Mr. Bounds explained that the City is not authorized to accept partial payment. Neel Richardson, City Attorney, explained that City Council may not legally forgive penalty and interest because it is a just debt due and owing the City. Mr. Richardson said that he was sorry that there was some problem with notice from the tax department, but the tax department did not know that Mrs. Sharpe owned the property and that the tax notices had been sent to the former owner until notifi- cation was received that he no longer owned the property. Mayor Gentry questioned whose responsibility was it to get property onto the tax roll. In response, Mr. Richardson explained that the records of the County Clerk by law are the records which control legal title to real property. Title companies have the facilities and are paid to research these records, and the City cannot and does not attempt to catch transfers of real estate because of the many transfers that take place each day. Mr. Richardson also explained the transfer of real estate becomes recorded on the City's tax roll only if the person comes in and renders the information. Mr. Richardson also commented that the law does not require the City to send anyone a bill for taxes. After this explanation, Mayor Gentry explained to Mrs. Sharpe that Council did not have the authority to forgive the penalty and interest. Consider Request of Houston Lighting and Power Company for Fuel Cost and Cost of Service Adjustment Council has received a copy of the Statement of Fuel Cost and Cost of Service Adjustments from Houston Lighting and Power for October, 1977. The cost for the customer who uses 2,000 kilowatts for October compared to September is less by $2.43. Council had no objection to granting this decrease. 70922 -5 Minutes of the Regular Meeting - September 22, 1977 Discuss Amendment of CATV Franchise The Administration was asked to place this item on the agenda for discussion. Mr. Richardson explained that the Charter controls the method by which a franchise may be amended which calls for a public hearing. This is a quite a cumbersome process which requires 3 readings of an ordinance with a requirement of the lapse of 30 days between the first and third reading and additional 60 days lapsing between the final reading and the effective date. Before embarking on this process, the City would like to make absolutely certain that if the City is going to amend this franchise, that we have a franchise that is acceptable to the CATV Company. It is not that CATV wishes are controlling but since they do have a sizeable investment based upon the strength of this franchise, before the City starts this long cumbersome proceeding, the City Attorney felt that the provisions of any change in the franchise should be changes that have been considered by both parties to the franchise; Council concurred. Councilman Kloesel asked that he receive a copy of the present franchise. Ordinance - Authorizing Extension of Ambulance Service Contract for a Two Year Period The Administration had discussed with Mr. Jess Navarre, owner of and operator of Baytown Ambulance Service, the possibility of his purchasing additional radio equipment including a base station which would enable him to be independent of the City's Public Works frequency. For several years, this did not present a problem for the City but many radios have been added since this contract was initially signed. Mr. Navarre is willing to purchase this equipment at his expense and have his own frequency, but he would like to get a two year extension for this contract if he is going to make this expenditure which would be $4,000.00 - $5,000.00. The contract will continue to have a 30 day cancellation clause. The Administration recommended that Mr. Navarre's request for a two year extension which would be to April 30, 1981 be approved. Councilwoman Wilbanks moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A MODIFICATION AGREEMENT BETWEEN BAYTOWN AMBULANCE COMPANY, INC. AND THE CITY OF BAYTOWN WITH REGARD TO A CONTRACT ENTERED INTO ON FEBRUARY 28, 1973, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding Bid for Sale of City Property The Administration reported to Council several weeks ago that the City had been contacted by the Diamond Shamrock Company indicating 7 that they wished to purchase an easement across property that had been given to the City several years ago by the San Jacinto Wharf Company. The City, by law could only sell this easement after receiving bids. One bid was received. The bid tabulation follows: Diamond Shamrock Company $3,400.00 70922 -6 Minutes of the Regular Meeting - September 22, 1977 The easement is across the island in the Crystal Bay area which is called Goat Island. Much of this land is under water. The Admin- istration recommended approval of the ordinance. Councilman Kimmons moved for the adoption of the ordinance; Councilman Cannon seconded the motion. Councilman Cannon asked what was the City's interest in the land to start with. Mr. Lanham explained that at the time the land was given to the City, it was thought that there was a possibility of a levee system being constructed to protect Brownwood and that it would have been constructed along this island. Councilman Cannon asked if there was a provision in the instrument conveying the easement in the event the City should need that land for a levee system. Mr. Richardson explained that this was the City's reasoning behind conveying an easement rather than fee title to the property so that the City may still have the right to use the surface. There might need to be some adjustment to the pipelines. Councilman Cannon expressed his concern about the expenditure that might be involved in adjusting the pipeline if needed. Councilman Cannon moved to amend the ordinance to include that the conveyance be contingent upon that if this section of land ever be needed for flood protection, that any pipeline adjustment would be at Diamond Shamrock Company's expense; Councilman Kloesel seconded the motion. Councilman Kloesel felt that it is reasonable to believe that sometimes in the future, the City might look into an expected levee system. Councilman Hutto felt that this particular island might be used in conjunction with whatever they decide to do with the Brownwood area in the future. The vote on the amended motion follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DIAMOND SHAMROCK CORPORATION FOR THE SALE BY THE CITY OF BAYTOWN, TEXAS, AND THE PURCHASE BY THE SAID DIAMOND SHAMROCK CORPORATION OF A PIPELINE EASEMENT ACROSS CITY OWNED PROPERTY FOR THE SUM OF THREE THOUSAND FOUR HUNDRED AND NO /100 ($3,400.00) DOLLARS. Ordinance - Awarding Bid for Estimated Annual Supply of Tires and Tubes The agenda packet included the tabulation of the bids for tires and tubes, but did not indicate the low bidders in each section nor did it indicate the bidders that did not meet specifications but a new bid tabulation that indicated the low bidders and the bidders that did not meet specifications had been placed at the Council table. Five bids were received. The bid tabulation follows: i 70922-7 Minutes of the Regular Meeting - September 22, 1977 SUCCESSFUL BIDDER Item 1 Sexson Tire Co. Item 2 Sexson Tire Co. Item 3 Kilgore Exxon Section II Item 1 Sexson Tire Co. Item 2 Fulco Tire Dist. Item 3 Sexson Tire Co. Item 4 Kilgore Exxon Item 5 EST. QUA—N_ UNIT ESTIMATED DESCRIPTION PRICE TOTAL PRICE 125 E70 X 14 -B $ 27.26 $3,407.50 12 ER70 X 14 -B 42.11 505.32 36 1178 X 15 -B 29.05 1,045.80 58 G78 X 15 -C 23.96 1,389.68 5 H78 X 15 -C 30.43 152.15 25 750 X 16 -D 47.82 1,195.50 11 800 X 16.5 -D 33.47 368.17 27 825 X 20 -E 77.86 2,102.22 14 900 X 20 -E 90.29 111264.06 Sexson Tire Co. 60 1000 X 20 -F 112.93 6,775.80 Item 6 Jimmy's Tire Service 6 1122.5 X 20 -H 187.16 1,122.96 Sexson Tire Company submitted the low bid that met specifications on Items 1 and 2 in Section I and Items la and lb, 3, 4b, and 5 in Section II. Fulco Tire submitted the low bid on Item 2 in Section II. Kilgore Exxon submitted the low bid on Item 3 in Section I and Item 4a in Section II. Jimmy's Tire Service submitted the low bid on Item 6 in Section II. All vendors will deliver tires as they are needed. The Administration recommended approval of the low bid. Councilman Cannon moved for the adoption of the ordinance; Councilman Kloesel seconded the motion. In response to a question from Council, Mr. Lanham explained that all the vendors are located in Baytown except for Jimmy's Tire Service. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 70922 -8 Minutes of the Regular Meeting - September 22, 1977 ORDINANCE NO. 2317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BIDS FOR MISCELLANEOUS TIRES AND TUBES AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN FOR EACH SECTION AS SET FORTH HEREIN. Ordinance - Authorizing Abandonment of a Ten -Foot Utility Easement at 509 Dwinnell The Administration has received a letter from Mr. John Gills of 509 Dwinnell asking that he be allowed to use the utility easement in his backyard to install a swimming pool. The easement in question has never been used for the location of any utility lines and all the utility companies and the City have agreed that this easement will serve no purpose. Mr. Gills needs approximately 926 square feet which the City's Tax Assessor's appraisal for the easement rights is $360.00. The Administration recommended approval of the ordinance. Councilman Hutto moved for the 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. 2318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ABANDONING A PORTION OF THE UTILITY EASEMENT ADJACENT TO LOT 24, BLOCK 16, SECTION II, MILBY DALE SUBDIVISION, BAYTOWN, HARRIS COUNTY, TEXAS UPON APPROVAL BY UTILITIES FRANCHISED BY THE CITY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SUCH INSTRUMENTS AS ARE NECESSARY FOR SUCH ABANDONMENT, IF ANY; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Ordinance - Authorizing Execution of a Contract for Operating Baytown Housing Authority Community Centers This contract is similar to previous agreements between the City and the Housing Authority except that this year's contract provides that the City will operate community centers at only the Lincoln -Sam Houston Courts and Edison Courts. The Housing Authority no longer wishes to operate the neighborhood center program at DeZavala. The contract is for the same amount of money but for two locations and the City would give additional hours at those locations to compensate for no longer providing services at DeZavala. The Administration recommended approval of the ordinance. Councilman Lander moved for the adoption of the ordinance; Council- man Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF BAYTOWN AND THE CITY OF BAYTOWN, TEXAS, WITH REGARD TO PROVIDING CITY OF BAYTOWN PARKS $ RECREATION DEPARTMENT PERSONNEL FOR THE ORGANIZATION, SUPERVISION, AND ADMIN- ISTRATION OF CON24UNITY ACTIVITIES PROGRAMS AT EDISON COURT AND LINCOLN -SAM HOUSTON COURT COMMUNITY CENTERS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 70922 -9 Minutes of the Regular Meeting - September 22, 1977 Ordinance - Prohibiting the Possession of Burning Tobacco Products or the Smoking of Tobacco in Certain Public Places In accordance with Council instructions, this ordinance was drafted and certain cities that have such an ordinance were contacted regarding enforceability. The Administration learned from checking with the Cities of Houston and Dallas, that even though the ordinance was on the books, there was very little interest in enforcing it because citizens found that it took quite a bit of their time to actually file the case. However, in the City of Austin the city and university police indicated that the psychological effect of such an ordinance has been noticeable in that people seem to extinguish their cigarettes if they see a no- smoking sign. Councilman Kimmons felt there would not be too many people who would deliberately flaunt a situation where there was a no- smoking sign. He also commented that there should be designated areas for no- smoking. Councilman Kimmons moved for the adoption of the ordinance; Councilman Cannon seconded the motion. Mr. Richardson explained that at the present time, smoking is prohibited by state law in public, primary and secondary schools, elevators and closed theaters, libraries, etc. This ordinance would state more specifically where smoking is prohibited. In response to Councilman Lander's inquiry, Mr. Lanham explained that it is not illegal to smoke in any grocery store at the present time but would be illegal to smoke in the grocery store if this ordinance would be adopted. Councilman Lander then indicated that he would support this ordinance if everything were deleted in the ordinance except for Item 7. He felt that this restriction should be left up to the owner of the business. Councilman Kimmons concurred , with Councilman Lander. The motion and second were withdrawn. How- ever, Councilman Cannon said that he would like to hold this ordinance in reserve and get more feedback from the public to see if there is an interest in the ordinance. Ordinance - Authorizing Execution of a Facilities Management Contract for Data Processing Services Mr. Lanham explained that the City has a great deal of difficulty in hiring and keeping data processing personnel. For several months. the City has tried to recruit a computer programmer and the City has been unable to hire the kind of person that is needed to accomplish the work. The City has an alternative in this situation. Mr. Dan Savage explained that in June of this year, the computer programmer resigned from the City and shortly after that, 1 key punch operator also resigned from the City. This left the City without any trained staff to do the water billing, tax billing, payroll and payable systems which are quite dependent upon the computer operations. In order to receive a temporary recovery in data processing, Mr. Savage and Mr. LeFevre spoke with the Honeywell Company who have provided the City with the exising data processing equipment and they referred the City to Mr. Bob Greer. Mr. Greer has worked in the data processing 1.7 field for approximately 10 years and has a wide variety of experience. He previously worked with the Honeywell Company and is familiar with their equipment and how it works. In August, Mr. Lanham authorized the retainage of Mr. Greer on a temporary basis while the City attempted to recruit a new computer programmer. In the course of the recruiting efforts, one thing that became very apparent was that there are very few people who have sufficient experience on the City's type of equipment who could come in and take over the City's operation without a long training period. Many of the people who were applying for this particular position were versed in one aspect of data processing, but they did not have a solid general background for data processing. 70922 -10 Minutes of the Regular Meeting - September 22, 1977 Thr recruiting efforts were not quite successful, and it became apparent that the City possibly had a very good opportunity to retain Mr. Greer. Mr. Savage explained that he and Mr. LeFevre sat down with Mr. Greer and discussed the possibility of a Facilities Management Contract. In this contract, the City would provide all the resources, computer equipment, the supplies, etc. and Mr. Greer would come in and provide the know how to operate the current system. The City needs someone who has the capability of maintiaing the existing programs, maintaining the overall scheduling of operations and most important in the future, developing new systems. This contract with Mr. Greer would allow him to assume this responsibility. He would replace and displace the position of computer programmer in the City budget. He would work for the City for a total of 1,000 hours a year for a three year period at an annual fee of $18,000.00 and during this period of employemnt, he would in effect run the City's data processing operations. Because of Mr. Greer's extensive experience in this field, he will be able to come in and work 1,000 hours which is equivalent to a half time person, and provide the City with the direction that is needed to maintain our existing program and operations and then move on to developing other programs. If the City can secure this contract with Mr. Greer for 3 years, it will eliminate a turn over in the data processing shop and will allow the City to establish some stability. The contract also provides for a 30 day cancellation period. Mr. Greer would not be a City employee and will not receive City benefits. This contract would be very similar to a consulting contract. Councilman Kimmons inquired if 1,000 hours a year will be sufficient time for him to complete this work? Mr. Savage explained that the key to the 1,000 hours is the pace of development and if the City wants to branch out and get into a period of new applications rapidly, then it will take more than 1,000 hours, Councilwoman Wilbanks inquired if the City will work directly with the individual or will Mr. Greer see that the company carries out this service. Mr. Savage replied that Mr. Greer is the company and there is one more person who could back Mr. Greer but Mr. Greer is the one the City will be working with exclusively. Councilman Cannon commented that this is an important point because the City does not want to train someone from Mr. Greer's company at $18.00 a hour. The Administration recommended approval of the ordinance. Councilman Lander moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. Councilman Kloesel inquired about the possibility of the City employing a full -time programmer? Mr. Savage explained that the salary budgeted for a programmer was $16,200.00, plus City benefits would make the salary approximately $18,000.00. Mr. Savage commented that to employ someone with the skills that Mr. Greer possesses would be the salary range of approximately $20,000.00 - $25,000.00. Council- man Kloesel felt that it would be an asset to have a full -time employee in this position and that it also might relieve the pressures from other employees in this department. Mr. Lanham commented that if Council were to consider raising the salary range for the computer programmer to $20,000.00- $25,000.00, there would also be a need to review the department heads salaries. Mr. Lanham commented that this has convinced the Administration that this is the way to obtain the expertise without paying that kind of salary. Mr. Savage commented that it is important to keep in mind that the existing equipment will have to be used for production at which the programmer would be idle and also that when Mr. Greer enters the office in the morning, he puts in a full 4 hours work plus extra. The vote follows: 70922 -11 Minutes of the Regular Meeting - September 22, 1977 Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY, CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A FACILITIES MANAGEMENT CONTRACT WITH B.H. GREER, d /b /a COMPUTER CONSULTING SERVICES FOR DATA PROCESSING SERVICES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Execution of a Contract with Langford Engineering Inc. /Texas Transportation Institute for a Small Area Transit Study On July 14, 1977, the City Council approved an ordinance which authorized the execution of a contract with Langford Engineering, Inc./ Texas Transportation Institute for a Small Area Transit Study. When the contract was forwarded to the Urban Mass Transit Administration for review and approval, they asked that some changes be made in the contract. None of these changes involve the scope of work or a greater cost to the City. Because of these requested changes, the City needs to repeal Ordinance No. 2268 and replace it with a new ordinance. The Administration recommended approval of the ordinance. Councilman Hutto moved for the adoption woman Wilbanks seconded the motion. The vote Ayes: Council members Lander, Kimmons, Mayor Gentry Nays: Councilman Kloesel ORDINANCE NO. 2321 of the ordinance; Council- follows: Wilbanks, Hutto and Cannon AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 2268 AND RESCINDING THE CONTRACT WITH LANGFORD ENGINEERING, INC. FOR CONSULTING SERVICES FOR A SMALL AREA TRANSIT STUDY; AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A NEW CONTRACT WITH LANGFORD ENGINEERING, INC. FOR SAID SERVICES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Accepting Revised Preliminary Report for Kilgore Road Storm Sewer Project When the 1975 bonds were voted, funds were included to construct storm sewers on Kilgore Road in the vicinity where Mockingbird Lane intersects with Kilgore to relieve the drainage problem and also to help relieve the drainage on portion of Morning Drive. When Busch, Hutchinson and Associates prepared the preliminary report on this project several months ago, they included funds for the construction of storm sewer along Kilgore Road south to near the vicinity of Ward Road at an estimated cost of approximately $230,000.00 - 240,000.00."" Since that time, the Director of Public Works and the City Engineer have visited with Busch, Hutchinson and Associates and they have jointly recommended that a change be made in the preliminary engineering report which would still accomplish the purpose for which the bonds were voted -- to improve the drainage along Kilgore, but would eliminate a portion of the large storm sewer that the earlier report indicated would go south as far as Ward Road. In lieu of that extension, they are recommending that a portion of the funds be spent 70922 -12 Minutes of the Regular Meeting - September 22, 1977 on what is called Phase I of the Mockingbird Lane Project from the Harris County Flood Control Ditch up to Clayton Street which is the street that travels in front of James Bowie School. There are no storm sewers in this area. The revised report provides for constructing that storm sewer at the estimated cost of $120,000.00 and it would be sized so that Phase II of the Mockingbird Lane Project could be added at a future date which would take it on across school property over to the vicinity of Richardson Lane. The Administration recommended that the revised preliminary engineering report be accepted and that Busch, Hutchinson and Associates be directed to prepare detailed plans and specifications for the Kilgore Road and Mockingbird Lane Drainage Projects. Councilman Kimmons moved to accept the revised preliminary report and authorize Busch, Hutchinson and Associates to proceed with detailed plans and specifications for the Kilgore Road and Mockingbird Lane Drainage Projects; Councilman Hutto seconded the motion. Councilman Kloesel inquired about the additional engineering cost in this change? Mr. Lanham responded that the City used 10% as an estimate for what the additional cost will be. The estimated cost of the original plan was $240,000.00 and the estimated cost with the changes is $273,000.00. Councilman Cannon inquired about the additional $33,000.00 in this project. Mr. Lanham replied that the these funds will be taken out of the budget funds to supplement the bond funds. The City has on hand about $250,000.00 in bond funds under drainage. Budget funds, under streets and drainage category, are approximately s million dollars. Councilman Cannon inquired about the advantage of extending the 42" storm sewer from Morning Drive to Kilgore Road and that portion on south through Mockingbird Lane? Jim Hutchinson and David Corbin, Consulting Engineers from Busch, Hutchinson and Associates were present to answer any questions that Council might have. David Corbin explained that this extension line is necessary to the point primarily because of the flooding problems that are experienced on Mockingbird. There are two inlets at the present time at the intersection of Mockingbird and Kilgore Road but the storm sewer is undersized. This extension of the line down to this point will help alleviate this flooding problem and will also serve as a starting point to extend the storm sewer in the future on to the south. Mr. Corbin explained that there is a storm sewer on Mockingbird Lane at the present time but it is unable to hold an extremely large amount of water at one time. In response to another question from Councilman Cannon, Mr. Corbin explained that there is a summit in the roadway in the way the land is graded at the intersection of Morning Drive and Mockingbird Lane which channels the water back toward the corner where the storm sewer starts, whereas Mockingbird Lane drains toward Kilgore Road. In summary, the present 24" storm sewer is not relieving any drainage of Mockingbird Lane. Councilman Cannon inquired if Kipling Drive, Eaves, and Frenchplace, etc. will be tied in to the present line during Phase I. At the present time, there are no inlets. Mr. Corbin continued to explain that there is also a problem in front of James Bowie School and this will be addressed when the study begins on the Ward Road Storm Sewer Project which is scheduled for next year. Mayor Gentry asked if the water that drains from Ivie Lee flows to Ward Road? Mr. Corbin explained that presently it drains to Ward Road and concurred with Mayor Gentry in the effect that the main purpose for Phase II will be that the 36" pipe will basicly drain the school property properly. 70922 -13 Minutes of the Regular Meeting - September 22, 1977 Councilman Cannon felt that Council should look closely at Phase II of the Mockingbird Lane project because it will include an additional $75,000.00, and in fact that storm sewer will be looked at on Ward Road to help relieve the drainage problems in that area. Councilman Cannon also felt that it might be better to try and drain all the water down Richardson Lane to Ward Road instead of trying to drain the water over a crown in the street into the Flood Control Ditch. Jim Hutchinson explained that there is one problem with Ward Road is that alot of water drains off the school grounds and the a Bay Plaza Shopping Center parking lot down to the private road into the intersection of Lacy Drive and Richardson Lane and then it flows down Richardson Lane to Ward Road. What is being proposed is that an area inlet be installed in order that the water will be stopped before it gets on Richardson Lane and this will help the drainage on Ward Road. Councilman Cannon inquired in making this revision, will it change the intent of the bond issue itself. Mr. Lanham explained that it still accomplishes the purpose for which the bonds were voted. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Consider Authorizing Bids for Sliplining Contract No. 77 -2 A list of 14 different areas along 14 different streets that need to be sliplined had been given to Council. Mr. Lanham explained that most of the sewer lines that will need to be sliplined are located in the Graywood Subdivision and there are few areas in the Lakewood ^� and Hill Terrace area that need to be sliplined. The estimated cost of this project is approximately $250,000.00. The City sold $500,000.00 sewer improvement bonds last year for the use in the central district to do this type work. The Administration asked that Council give their approval to advertise for bids for this work. Councilman Kloesel inquired about the sewer line that he reported on Kentucky Street. Mr. Ivan Langford III, Director of Public Works, explained that a few months ago televised work was done on Kentucky Street and that the line was still in reasonable shape but the televised report did show a few minor problems on the line and these repairs were made. Councilman Cannon moved to authorize the Administration to advertise for bids for the sliplining work; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Consider Authorizing Purchase of Sanitary Sewer Easement from North - shore Lanes, Inc. This item will be covered in the executive session. Resolution - Authorizing the City to Make Application for Grant Funds to Continue the Senior Citizen Taxi Program The City would like to make application for a grant in the amount of $15,000.00 to continue the Senior Citizen Taxi Program. The City's share would be $5,000.00 and the Revenue Sharing Funds that were 70922 -14 Minutes of the Regular Meeting - September 22, 1977 appropriated one and half years ago for Senior Citizen Programs could be used to match this $15,000.00 federal grant. Councilman Kimmons inquired as to who sets the guidelines concerning eligibility under this program. In some instances individuals need to take advantage of the program but are unable to do so because of the guidelines. Mr. Savage explained that at the last committee meeting, the members decided to study the guidelines in order to cover situations where if together senior citizens receive a salary over the limit set by the guidelines, and most of this salary goes to a nursing home or for medical expenses, then only one salary would be considered or some similar solution would be considered. Councilman Kimmons moved for the adoption of the resolution; Council- man Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 594 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 HOUSTON - HARRIS COUNTY AREA AGENCY ON AGING FOR GRANT FUNDS IN THE AMOUNT OF FIFTEEN THOUSAND AND N0 1100 ($15,000.00) DOLLARS FOR THE CITY OF BAYTOWN SENIOR CITIZENS' TAXICAB PROGRAM. Committee Reports Councilman Lander reported that two weeks ago he attended the Gulf Coast Civil Defense meeting in Texas City, and once again they brought up the hazard that Baytown could experience if this area would experience the kind of hurricane that hit Mexico a few weeks ago with 15 foot tides. Due to the wind action, Baytown would have tides that could be 15% higher which would be approximately 22 -23 feet. Many citizens are aware of this, but most of the citizens do not recognize the hazards of the high tides that accompany a killer hurricane. Councilman Lander asked that Mr. Lanham through the Civil Defense to give some thought to publicizing this to make citizens recognize these hazards. Unfinished Business Councilman Kloesel asked that Council review the City's policy in inspection of food establishments. Are the employees required to have blood tests as required by state law? Councilman Kloesel would like an updating on this ordinance to make certain that the city's ordinance protects citizens properly. Recess and Reconvene Mayor Gentry recessed the open meeting to executive session to discuss acquisition of land and personnel. When the open meeting was reconvened, the following business was transacted: Ordinance - Authorizing Purchase of Sanitary Sewer Easement from North- 70922 -15 Meetings of the Regular Meeting - September 22, 1977 The Administration recommended approval of the ordinances and payment of $1,200.00 for the purchase of a sanitary sewer easement from Northshore Lanes, Inc. Councilman Kimmons moved for the adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ACQUISITION OF AN EASEMENT ACROSS LAND OWNED BY NORTHSHORE LANES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ONE THOUSAND TWO HUNDRED AND N01100 ($1,200.00) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Adj ourn There being no further business to be transacted; Councilman Kimmons moved to adjourn; Councilman Cannon seconded the motion. The vote was unanimous for adjournment. `� aAZ'z) k-R.Q� x , Karen Petru, Deputy City Cler Approved: Eileen P. Ha11,,City ClerT