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1978 08 10 CC Minutes80810 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS August 10, 1978 The City Council of the City of Baytown, Texas, met in regular session Thursday, August 10, 1978, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Jimmy Johnson Ted Kloesel Mary E. Wilbanks Eileen Caffey Allen Cannon Emmett 0. Hutto Fritz Lanham Dan Savage Scott Bounds Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Mayor Hutto called the meeting to order and Councilman Cannon offered the invocation. Approve Minutes Councilman Kloesel moved to approve the minutes of the regular meeting of July 27, 1978, and the special meeting of July 31, 1978, and ratification of actions taken concerning each of the matters listed on the agendas of said meetings; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Resolution Authorizing Issuance of BAWA Revenue Bonds Robert Gillette, President of the Board of Directors of the Baytown Area Water Authority, explained that the Board of Directors met at 5:00 p.m. on Thursday to open bids for the sale of bonds and regretfully, only one bid was received. Therefore, the Board of Directors determined to cancel the sale and re- advertise the bond sale for August 24, 1978. The Board has no assurances that more than one bid will be received on that date, but at least the Board will have tried. Under the circumstances, it would be a better policy and will be more tolerable to the people in the community to try to receive more bids. Councilman Lander inquired why more bids were not received? Mr. Gillette explained that the Board did not have any concrete reason, but money is tight and interest is high which might account for the receipt of only one bid. However, the bonds were rated A. Receive Petitions None. City Manager's Report Auditing Firms - At the last meeting, Council asked that the Administration check with auditing firms on the possibility of the City of Baytown employing a firm to audit Minutes of the Regular Meeting 80810 -2 August 10, 1978 Houston Lighting and Power Company's fuel cost calculations for last month. The Administration talked with representatives of Touche Ross, the firm that has audited H L & P's books in the past. This firm would be willing to audit H L & P's books at an estimated cost of $3,000 to $4,000; however, the firm's representative felt that such an audit would be unnecessary. This firm has been employed by the City of Houston to make an audit in preparation for the hearing concerning the request for a general rate increase. As part of that rate analysis, fuel cost adjustments will be evaluated and any errors would be reported to the Public Utilities Commission. Also, the firm's representative pointed out that the information from an independent audit might not get to the City of Baytown any sooner than the information from the rate analysis. Touche Ross has analyzed H L & P's fuel cost adjustment several times in the past for rate cases and has not discovered any problems. This is the only firm that the Administration had contacted in this regard; therefore, Mr. Lanham inquired if the Council would like the Administration to check into this matter further. Councilmen Cannon and Kloesel stated that the information which Touche Ross will supply for the Public Utilities Commission will suffice. Annual Employees Picnic - Council members have been cordially invited to attend the annual employees' picnic to be held Friday, August 25, 1978. Harris County Mayors and Councilmens Association - The Harris County Mayors and Councilmens Association will meet on Saturday, August 19, 1978, and the Administration will be in touch with Council members within the next few days to determine how many will be able to attend that meeting. Labor Union - Council members had indicated a desire to meet with labor union representatives to discuss the wage rate schedule to be used in the contract for construction of the BAWA water treatment plant. This meeting will be held Tuesday, August 15, 1978. The members of the BAWA Board will be out of the City, but two members will be present. Buoys - The buoys have been reinstalled in Burnett, Scott and Crystal Bays. This was completed last week. Youth Conservation Corps - The third year of the Youth Conservation Corps has been completed. This is the program under which young people are employed to work in the parks. All three projects have been successful, but Bobby Rountree, Director of Parks and Recreation, felt that this one was the most successful of the three. Mockingbird Lane /Kilgore Road Storm Sewer Project - Most of the cleanup is complete except in the vicinity of the junction boxes which are still under construction. Some repair work is left on street crossings, driveways, and walks. All of the ' work should be completed in approximately 3 weeks. Country Club Water Line Replacement - and in service. Cleanup work is virtually damage to driveways and sidewalks which is This job should be completed in two weeks; an item on the agenda for an addition to t lengthen it. The line is complete complete except for now being completed. however, there is his contract which would Jenkins - Hollaway Park Project - The tennis courts are complete except for lights and nets. Concession stands, restrooms, and the scorekeeper building are under construction. Limestone base material is being placed for the various drives, walks, and RIM Minutes of the Regular Meeting August 10, 1978 parking lots. Approximately 75% of the water and sewer lines have been installed from the Whispering Pines area to serve the buildings. The overall job is approximately 25% complete. Neighborhood Center - The foundation was poured yesterday and the electrical services have been installed from the power distribution center to the building site. This job is approximately 10% complete. Questions or Comments Regarding the City Manager's Report Councilwoman Wilbanks stated that she had a call concerning the condition of Lazy Lane in the Lakewood area, and requested that the Administration check the present condition of the street to determine if the street would fit into the street reconstruction program. Mayor Hutto notified Council that he had made two reappointments to the Baytown Housing Authority Board - -Ron Haddick and Tony Campos. Mrs. Norma Wilder was appointed to replace Mr. Mark Mendelovitz, who had declined reappointment. Mayor Hutto also notified Council that he had appointed George Gentry to the Senior Citizen's Transportation Committee to replace Harry Massey who declined reappointment. Mr. Michael Elder Appeared Mr. Michael Elder appeared regarding his opposition and some citizens opposition to the Selective Traffic Enforcement Program (STEP). Mr. Elder commented that he has not been a victim of STEP, but that he strongly opposes the program for several reasons. Mr. Elder commented that he felt that STEP is ineffective in reducing accidents because the statistics that have been quoted are not modified to allow for the great improvement that the City of Baytown has made in certain streets such as Bayway Drive, Garth Road, and Decker Drive where more accidents previously occurred because of poor street conditions. He also stated that few accidents are speed related, and that STEP will not stop or slow down habitual speeders, although STEP is invariably operated as a speed trap. Mr. Elder stated that his prime objection to STEP is that STEP is a federally funded program. Mr. Elder commented that STEP is a wedge that is being driven between the citizens goodwill and the Police Department. In closing, Mr. Elder pleaded with Council to reconsider this issue because of the close vote that renewed the program. He requested that Council examine the statistics again on which their decision was based, along with the reasoning that was just presented in reconsidering the matter. He asked that Council vote the program out at this meeting or put it before the public in the form of a referendum. Councilman Kloesel asked that an item be placed on the agenda for the next meeting to reconsider the STEP Program. Ordinance - Authorizing Change Order No. 1 to the Country Club Water Line Project The cast -iron water line on Quail Hollow Drive between Burning Tree Drive and Country Club View was not included in the original Country Club Water Line Replacement Contract. Change Order No. 1 authorizes the replacement of this water line at an estimated cost of $11,112.49. This would include 610 feet of six -inch line. This will complete replacement of cast -iron water lines in this subdivision. Even with 80810 -4 Minutes of the Regular Meeting August 10, 1978 this change order, the contract will underrun. The Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2513 AN ORDINANCE AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH R. T. BISHOP CONSTRUCTION COMPANY INC., AND R. T. BISHOP, JOINT VENTURE, FOR THE CONSTRUCTION OF THE COUNTRY CLUB WATER LINE REPLACEMENT PROJECT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Final Payment for Sliplining Contract No. 77 -2 Work has been completed on Sliplining Contract No. 77- 2. The City has inspected this work. The work is in compliance with the contract and meets all city standards and specifications. Total cost of this work is $193,580.90. This is $13,975.90 less than the adjusted contract amount. A final payment in the amount of $19,358.09 remains to be paid. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Lander Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2.514 AN ORDINANCE APPROVING AND ACCEPTING THE SLIPLINING OF SANITARY SEWER LINES BY CHANNEL CONSTRUCTION COMPANY, INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID CHANNEL CONSTRUCTION COMPANY, INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Final Payment for Completion of Air Conditioning Work at the Community Building The renovation of the air conditioning system for the Baytown Community Building has been completed. The total contract amount is $63,454. Final payment in the amount of $12,056.26 remains to be paid. A one -year warranty is included on this work. The Administration recommended approval of the ordindnce. Councilman Kloesel moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Minutes of the Regular Meeting August 10, 1978 ORDINANCE NO. 2515 AN ORDINANCE APPROVING AND ACCEPTING THE RENOVATION OF THE BAYTOWN COMMUNITY BUILDING'S HEATING AND COOLING SYSTEMS BY M.S.YOUNG COMPANY, INC., FINDING THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID M.S. YOUNG COMPANY, INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - First Reading on the Proposed Annexation of Certain Properties Belonging to Mobay Chemical Corporation The proposed ordinance is the first reading on the proposed annexation of certain properties belonging to Mobay Chemical Corporation. This annexation is proposed in accordance with the City's industrial district policy. Under the terms of this policy, property equal to 20% of the value of the industrial complex is to be annexed. Industrial payments are made on the remaining 800. No opposition to this annexation was expressed in public hearing. The Administration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2516 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Public Hearing - Proposed Expenditure of Revenue Sharing Funds for Entitlement X (7:00 p.m.) Mayor Hutto declared the public hearing on the proposed expenditure of Revenue Sharing Funds for Entitlement Period X in session. Mr. Lanham explained that the City was expecting $518,000 in Revenue Sharing funds for Entitlement Period X prior to the City Manager's public hearing held Thursday, July 20, 1978. On August 7, 1978, the City was notified that it will receive $552,203 during the Entitlement X Period which runs from October 1, 1978 through September 30, 1979. A total of eleven individuals presented requests at that hearing. One gentleman suggested that Council return the Revenue Sharing Funds to the federal government. Federal law governing the use of Revenue Sharing requires that the City Manager submit a recommendation to-the City Council after the proposed use hearing is held. The following items were recommended for inclusion in the Entitlement X Revenue Sharing Budget: 1. Water Meter Replacement - $45,500 These funds would be used to replace mechanical drive meters which are now obsolete and do not measure total water consumption accurately. With the conversion to surface water it will be necessary to replace these meters to insure that all water consumption is properly metered. ,:1:_1 • Minutes of the Regular Meeting August 10, 1978 2. Library Materials - $27,000 These funds would be used to purchase addtional books and other materials to add to the Sterling Municipal Library collection. 3. Pistol Range - $15,000 These funds would be used to build a pistol range at the Coady landfill site. This range would be used primarily by the Police Department. 4. Parks Improvements - $40,500 These funds would be used for Phase II development of the Bicentennial Park, which includes construction of another pedestrian bridge, additional walkways, and installation of improvements needed for the relocation of the Old Cedar Bayou Methodist Church. Funds would also be used to install bullet -proof shields over tennis court lights and improve water and sewer facilities at Roseland Park. 5. Museum Assistance - $12,0,00 _. The Bay Area Heritage Society has requested that these funds be allocated to enable the Baytown Museum to hire a professional staff person to serve as curator. 6. Fire Station Land - $15,000 These funds would be used to purchase land for a new fire station which would be located in the north - central portion of the City. This is a rapidly growing area which will need additional fire protection. 7. Fire Rescue Truck - $25,000 These funds would be used to purchase a rescue vehicle to replace the fire captain's van. 8. Senior Citizen Activities - $15,000 These funds would be used to continue the Senior Citizen Taxi Program and for related senior citizen activities. 9. Animal Sterilization Program - $15,000 These funds would be used to continue the Animal Sterilization Program. 10. Water Tower Repair - $35,000 These funds would be-used to repair and paint the West Main Street water tower. 11. Woodlawn Lift Station - $10,000 These funds would be used to purchase an additional pump and motor for installation at the Woodlawn lift station. 12. Backhoe for Utility Construction - $23,000 These funds would be used to purchase a backhoe and trailer for the Utility Construction Division. 13. Water Well Repair - $5,000 These funds would be used to rebuild the motor on the Decker Drive water well. This well is a major well and it will be used after the conversion to surface water. 14. Police Telephone System - $40,000 These funds would be used to replace the telephone system in the police building. The present system is overloaded and no additional extensions can be added. 80810 -7 Minutes of the Regular Meeting August 10, 1978 15. Sliplining of Sanitary Sewer Lines - $195,000 These funds would be used to pay for sliplining of sanitary sewer lines that collapse or deteriorate during the coming year. Mr. Lanham recommended that the additional $33,681 be allocated toward sliplining. Councilman Cannon commented that since the City is receiving an additional $34,000, and since a request had been made for a street striping machine during the budget work session, he would like the Council to try to provide this piece of equipment through the Revenue Sharing funds. However, Councilman Cannon commented that he is not convinced that the City of Baytown needs a $50,000 piece of equipment. Perhaps a less expensive street striper could be acquired. Councilman Cannon then stated he would like to accept the recommendations presented with the exception of the $15,000 for the Animal Sterilization Program. Mayor Hutto recognized Paul Edwards who indicated that he would like to speak regarding the Revenue Sharing funds. Mr. Edwards, who serves as Chairman of the Library Board, reminded Council that Baytown does not meet the acceptable standards for libraries. The standards call for two to four volumes per citizen and Baytown is still below the two volume requirement. Mr. Edwards reported that Baytown should belong in the four book category rather that the two. Mr. Edwards also mentioned that the Library Board has examined the proposed request very carefully and the Board felt that the funds requested were very necessary to the continued growth of the Library. The Board concurs with the recommendation of the City Administration and whole - heartedly supports the amount that was requested. Councilman Kloesel stated that he supported Councilman Cannon's position on the striper and that he would like to provide funds for the striper in Revenue Sharing. Councilman Kloesel also concurred that he would like to delete the $15,000 Animal Sterilization Program and allocate those funds toward purchase of a striper. Councilman Kloesel commented that there is a need for a police firing range, but a closed range is not necessary. He felt that an outdoor range with a sun - shield would be sufficient. Also, he felt the range should be included as part of the Parks Department where it would be managed for utilization by both the Police Department and the public. Therefore, he favored the allocation of funds to the Parks Department for the pistol range. Councilman Lander inquired if the funds for the Animal Sterilization Program were completely utilized for the past year. Mr. Savage explained that the vouchers were completely issued by the middle of June. Councilman Lander commented that he felt the Animal Sterilization Program to be a very worthwhile program, and that he would like to continue the program; Councilman Johnson concurred. Councilwoman Wilbanks inquired about the financial arrangement of the program. Mr. Savage explained that the City of Baytown would issue a voucher worth $20 to a City resident who had proof of his animal's vaccinations. The citizen would then take the voucher and the animal to the veterinarian of his choice. If the veterinarian agreed to accept the voucher, then the veterinarian would sterilize the animal, send the voucher to the City, and bill the City $20 for his services. The citizen would pay the cost over $20. In Baytown, the cost for sterilization of an animal is approximately $40. 80810 -8 August 10, 1978 Mayor Hutto commented that-he-felt.-the Animal Sterilization Program is a rabies control program in addition tb aiding in the control of the animal population. Councilman Kloesel felt the money would be better spent if the $15,000 were expended toward rabies shots. Councilman Cannon commented that if the City is utilizing all of the funds and citizens are paying approximately half of the cost, the City should reduce the voucher to $10. Mr. Savage explained that the Committee has discussed the possibility of reducing the vouchers from $20 to $15, but no final decision for recommendation to Council has been made. In response to a question from Councilwoman Wilbanks, Mr. Lanham explained that no money has been appropriated in the proposed budget toward sliplining, but Council has indicated the necessity to continue this program which is funded with bond funds. Therefore, the Revenue Sharing funds would be supplementing the bond funds. Mr. Lanham said that there is a need for more money to be allocated toward sliplining if the City continues to slipline at about the same rate. Councilwoman Wilbanks explained the reason for the question was that she was considering the possible diversion of allocation from sliplining of $34,000 toward the purchase of a striper rather than deleting.-one of the recommended items. Councilwoman Wilbanks stated in this regard, she would like the Administration to consider the possibility of adding a sixteenth item. Councilman Johnson inquired if Council would have any objections to some of the Council members talking with several veterinarians to determine if they would give the City a reduced rate for persons with vouchers issued by the City; Council had no objections. Mr. Lanham explained that it is not necessary that the details of the program be worked out prior to Council appropriating the money. Public Hearing - Proposed Expenditure of Budgeted Funds for the 1978 -79 Fiscal Year Mayor Hutto declared the public hearing on the proposed expenditure of budgeted funds for the 1978 -79 fiscal year to be open. Mr. Lanham explained that the budget that the Administration recommended to Council is based on continuing City services at the present level. No new programs or major changes in existing programs have been recommended. The proposed budget represents a 14J% increase over the approved 1977 -78 budget. The consumer price index in the Houston area for the year ending June 1, 1978 was 9.1 %. Assuming the population growth of approximately 3% to 4 %, the recommended budget is approximately 2% greater than the total of those two. The proposed budget includes an 8Q reduction in the tax rate and includes a 600 increase in the minimum charge for sanitary sewer service. The General Fund Budget, which is for those operations of the City other than water and sewer operations and which includes all other departments of the City, has been increased 17.67% for a total of $10,751,000. :1: 1 • Minutes of the Regular Meeting August 10, 1978 The increase in the Water and Sewer Fund is only 4.06%, which is actually considerably less than the increase in the consumer price index. A total of $2,974,982 has been recommended. The increase in the General Obligation Interest and Sinking Fund is 17.8 %. This is the fund from which interest and principal payments on bonds that have been issued in the past are paid. The Administration has included in the recommended budget funds to finance the sale of the remainder of the bonds that citizens of Baytown voted in 1975 and the total in unsold bonds is $2,880,000. The increase in the Waterworks and Sanitary Sewer Interest and Sinking Fund is .28%. The City has not issued any revenue bonds for several years nor are there plans to issue revenue bonds in the near future. The total amount required for next year in that fund is $354.238. Most of the improvements that have been made to the water and sewer system in the past several years have been financed with General Obligation Bonds or Tax Bonds. There has been an increase in the portion of the budget that is used for capital outlay as opposed to operating expense in the amount of $485,000 in the General Fund and a decrease of $160,000 in the Water and Sewer Fund. Mayor Hutto recognized Paul Edwards, Chairman of the Library Board, who explained that he wanted to speak to Council concerning the Library's budget as submitted to the City Administration. Mr. Edwards explained that the Library's budget included a recommendation for some additional janitorial help which is necessary to properly maintain the City's library facilities. Mr. Lanham commented that a copy of the proposed budget is on file in the City Clerk's office for citizens to come in and review. Mayor Hutto inquired if.there was anyone else who would like to be recognized at the public hearing. No one indicated a desire to be recognized; therefore, Mayor Hutto declared the public hearing on the proposed budget closed. Ms. Leola Greer Appeared Ms. Greer appeared to inquire as to what decision had been made concerning her request for a larger driveway. Mayor Hutto informed Ms. Greer that the Administration had contacted the consulting engineers in this regard and as soon as the consultants report to the Administration, the Administration will contact her. Roy Fuller Appeared Mr. Roy Fuller, representative of the Downtown Texas Avenue Merchants and Property Owners, requested that Council cooperate with that group as follows: 1. Provide stricter enforcement of the 2 -hour parking limits; 2. Provide adequate police patrol to that area at night and in so doing - a. Strongly enforce present laws prohibiting littering, loitering, vandalism, obstruction of traffic, and acts of public nuisance; b. Provide atmosphere of safety for families and children. Minutes of the Regular Meeting August 10, 1978 3. Provide additional street as a deterrent to much of above; 80810 -10 lights which would serve the activity described 4. Encourage the City Administration and various service groups to continue their cooperative attitude in helping to resolve the problems on Texas Avenue. Councilman Johnson inquired if the out -of -town owners are willing to cooperate. Mr. Fuller responded in the affirmative. Councilman Kloesel felt a solution needed to be worked out regarding parking. Councilman Kloesel also stated that the problems of loitering, littering, and vandalism would be reduced by the elimination of the planter boxes. Councilman Kloesel further stated that to enforce the law on Texas Avenue would require an army of policemen which would be very costly. Councilman Cannon stated that the strong enforcement of laws prohibiting littering, loitering, vandalism, etc. and to provide safety will have to be resolved before the owners of this property can be convinced of the economics of refurbishing the area. Councilman Cannon felt that the City's police force would effectively enforce the laws mentioned above. Councilman Cannon mentioned that Texas Avenue is acquiring the reputation of being a spot for teenagers from the surrounding areas. Councilman Johnson felt that police patrolling on foot would stop much of the loitering and vandalism. Councilman Lander inquired as to what would the possibility be in blocking Texas Avenue off after certain hours. Mr. Fuller commented that this was considered by the group, but further stated that at the present time this does not seem practical. Councilman Kloesel stated that this would cause problems because Texas Avenue is one of the major arteries in Baytown. He felt that if the planter boxes were not removed, then the next move would be to eliminate parking on side streets and provide city parking in order to maintain a free flow of traffic on the two parallel streets. Councilman Kloesel pointed out that another problem is that Baytown does not have much recreation for teenagers. Councilwoman Caffey commended Mr. Fuller and the Downtown Texas Avenue Merchants and Property Owners in their efforts, and commented that the idea of providing intense lighting on Texas Avenue to provide a safer atmosphere would cut down on loitering. Councilwoman Caffey proposed that this item be placed on the agenda for the next Council meeting and have a resolution to support these people in their efforts. In response, Mr. Bounds explained that Councilwoman Caffey may ask that the staff prepare a recommendation on the lighting for the next meeting. Councilwoman Caffey responded that she would like the staff to prepare a recommendation on the lighting for the next meeting. 80810 -11 Minutes of the Regular Meeting August 10, 1978 Mayor Hutto recognized Mr. Tex Dittman, who requested that when considering what needs to be done on Texas Avenue, that the streets crossing Texas Avenue be considered as well. Mr. Dittman explained that there is much vandalism on the streets between Sterling and Gulf. Mayor Hutto assured Mr. Dittman that the Administration will take that into consideration. Ordinance - Authorizing the Employment of Don Butler as Legal Consultant in the Houston Lighting and Power Rate Case and Authorizing the Expenditure of Not More Than $2200 for Such Purpose Scott Bounds, City Attorney, explained that the City Council had authorized the City Attorney as representative of Baytown, to intervene in the rural rate hearing before the Public Utilities Commission on the proposed increase of electric rates by Houston Lighting and Power Company. The day after the last Council meeting, Mr. Bounds attended a meeting with representatives of cities that met to discuss hiring a legal advisor to represent all the cities before the Public Utilities Commission at their hearings. It was the consensus of most of the representatives of the cities present that Don Butler should be retained to represent those cities as the legal advisor in the intervention. A proposal was drafted for the individual cities to consider whereby Mr. Butler would be retained to represent them in the rural rate hearing for a maximum fee of 50 per person for each city. For the City of Baytown, this would be based on the 1970 census figures and the maximum cost to the City would be $2200. The City of Houston is being represented by its own staff legal department. Mr. Butler would represent the cities other than the City of Houston. The City of Houston has retained Touche Ross as their rate consultant in the matter and Baytown has been consolidated with the City of Houston before the Public Utilities Commission. The City of Houston has agreed if the other cities hire Don Butler as rate consultant, to provide the information from Touche Ross to the other cities so that they can look at the analysis of Houston Lighting and Power's rate structure. In response to a question from Council, Mr. Bounds commented that the Public Utilities Commission consolidated all the cities. There can be only one representative or one lead Council appointed for all the cities and the City of Houston would like to do this on an alternate basis with Don Butler. Don Butler is a former City Attorney for the City of Austin and is now is private practice in Austin. He has extensive experience in rate consultant matters and was one of the rate attorneys for the cities in the Southwestern Bell Case which was recently decided by the Supreme Court. Mr. Bounds explained that under the Public Utilities Commission's statute the cities are generally able to be reimbursed for legal and accounting services required to analyze the rates of the company being regulated by said cities. This is a procedure of intervention and not the cities direct control of Houston Lighting and Power. However, there is the possibility that the City may be reimbursed by Houston Lighting and Power for the $2200. The Administration recommended approval of the ordinance. Councilwoman Caffey moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 80810 -12 Minutes of the Regular Meeting August 10, 1978 ORDINANCE NO. 2517 AN ORDINANCE AUTHORIZING THE EMPLOYMENT OF DON BUTLER AS LEGAL CONSULTANT IN THE HOUSTON LIGHT AND POWER RATE CASE AND AUTHORIZING THE EXPENDITURE OF NOT MORE THAN $2,200.00 FOR SUCH PURPOSE. Ordinance - Authorizing the City to Implement a Hotel /Motel Occupancy Tax for Baytown At the last Council meeting, no action was taken on a proposal to implement a proposed hotel /motel occupancy tax because at that time, Council did not have all the information needed to reach a decision on the issue. Mr. Lanham explained that at the present time, there is a 3% hotel /motel tax levied by the state. This tax goes into the state's general fund and the City receives no portion of this tax. Councilwoman Caffey explained.that the reason she asked for this matter to be placed on the agenda was because Council needed additional information to discuss the matter. Councilwoman Caffey maintained that the hotel /motel tax is needed in Baytown to promote tourism and fine arts, and asked Mrs. Jean Shepherd to make some comments since Councilman Johnson was absent at the last meeting. Mrs. Shepherd stated that the hotel /motel tax is not a selfish tax because it will benefit the City of Baytown. Mrs. Shepherd pointed out that there are no brochures in the hotels and motels in Baytown to tell tourists or anyone visiting Baytown anything that Baytown has to offer. She further explained that three - fourths of the time no map of the City is available for outsiders visiting the City, and there is no free map available to citizens desiring to find their way around the community. Mrs. Shepherd pointed out that there are many areas in the vicinity of Baytown that people would be interested in and there are many ways to promote Baytown, such as placing ads in the Texas Monthly and Southern Living magazines. Mrs. Shepherd concluded by stating that the tax is not a tax against businessmen, nor is it a tax against the owners or managers of the hotel /motels, but would tax the occupants. Mayor Hutto stated that he had received a letter from the owners of all motels in Baytown. In the letter, they indicated that they are totally against the proposition to levy a city hotel /motel occupancy tax for touristic, artistic, and historical purposes. It was also indicated that Baytown is an industrial city and not a tourism city. For the most part, excluding Baytonians, the guests are people associated with industry or are people who are new to the area and are job or apartment hunting. Councilwoman Caffey stated that her argument is that Baytown is one of the very few cities that does not have this tax. The tax would provide entertainment in the form of performing arts and would provide historical interest to visitors. Mayor Hutto commented that he is totally opposed to this tax. He further stated that he had found that the only cities in the Baytown area that levy the tax are Houston and Galveston. Councilman Johnson inquired if churches would be exempt from the tax, since occasionally churches lodge people at motels for the night. Mr. Bounds responded that since churches must pay the 3% tax now being levied as a motel tax, they would not be exempt from this new tax. 80810 -13 Minutes of the Regular Meeting August 10, 1978 Mayor Hutto recognized Mr. Hector Fixmer, manager of a Baytown motel, who stated that the owners and managers of the motels in Baytown are definitely against the possibility of the hotel /motel tax being levied in Baytown. Mayor Hutto recognized Tex Dittman, who commented that he is a taxpayer and cannot see any reason why the tourists should not pay the hotel /motel occupancy tax. Councilwoman Caffey moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Johnson, Wilbanks, Caffey and Cannon Nays: Council members Lander and Kloesel Mayor Hutto ORDINANCE NO. 2518 AN ORDINANCE OF THE CITY OF BAYTOWN LEVYING A TAX UPON THE COST OF OCCUPANCY OF ANY SLEEPING ROOM FURNISHED BY ANY HOTEL AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO. Ordinance - Awarding the Bid for the Purchase of Gasoline and Diesel for a One -year Contract Bids have been received for the City's annual estimated supply of gasoline and diesel fuel. The bid tabulation follows: EXXON CO. USA HOMETOWN OIL CURRANT A one year's contract for estimated quantities of gasoline and diesel fuel - unit price /extended price: Premium gas 175,000 gal. Unleaded gas 175,000 gal. Regular gas 175,000 gal. Diesel #2 52,000 gal. .477/$83,475 .457/$79,975 .4360/$76,300 .403/$20,956 .530/$92,750 .515/$90,125. k M 9 : O .427/$22,204 .4349/$76,107.50 .515/$90,125 NO BID .427/$22,204 Exxon Company submitted the low bid for premium, unleaded and No. 2 diesel fuel, and submitted the only bid for regular gasoline. Hometown Oil Company is the present supplier. It is the Federal Energy Administration base supplier. For several years the City has not taken bids on gas and diesel because the supplier was designated by the FEA and the prices were determined by that organization. However, within the past several months, the Administration has determined that the City can take competitive bids in this field. The Administration recommended approval of the ordinance. Councilman Johnson moved for approval of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 80810 -14 Minutes of the Regular Meeting August 10, 1978 ORDINANCE NO. 2519 AN ORDINANCE ACCEPTING THE BIDS OF EXXON COMPANY, U S A FOR THE PURCHASE OF ESTIMATED QUANTITIES OF GASOLINE AND DIESEL FUEL ON A UNIT PRICE BASIS, WITH COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. Ordinance - Authorizing the Execution of a Contract with Harris County for the Bookmobile Program Council received a copy of a letter from Nolan J. Bordelon, Assistant Chief Deputy to Harris County Clerk, R. E. Turrentine. In his letter, Mr. Bordelon indicates that Harris County has approved a proposed contract between the City of Baytown and Harris County for continuation of the Bookmobile Program. The term of this contract is from March 17 1, 1978 through February 28, 1979. During this period, the County has agreed to pay the City the sum of $17,000 for bookmobile service both within the City of Baytown and to citizens in the unincorporated areas of East Harris County. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2520 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY WITH REGARD TO PROVIDING EXPANDED BOOKMOBILE PROGRAMS WITHIN BAYTOWN AND IN UNINCORPORATED AREAS IN THE COUNTY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution - Approving Plans and Specifications for the Ashleyville Street Assessment Project and Directing the Consulting Engineers to Advertise for Bids The next three items were discussed together. Seven months ago, Council authorized the engineers to prepare the plans for three assessment projects. Ashleyville Street was initiated in response to a petition signed by a number of the property owners on that street. Wye Drive Street Assessment Project was initiated in response to a request from the school district for the extension of Wye Drive in a westerly direction to service a special educational facility to be constructed. The YMCA is also planning to develop the property south of the proposed Wye Drive extension. The Lynchburg Street Assessment Project was recommended by the City Administration so that the traffic utilizing Spur 201 would have a paved street on which to travel. Lynchburg has been in need of paving for many years, but the work was postponed until after Spur 201 could be built. The portion of Lynchburg to be paved is from where the State Highway Department property ends on to Airhart Drive. There are two property owners involved - -the Airhart Estate and the railroad. In regard to Ashleyville, a petition was brought in and was signed by the owners of the properties that are marked in red on the map that was given to Council. The resolution regarding petition paving provides that upon receipt of a petition signed by 65% of the owners of property abutting said street or thoroughfare, wherein the signatories promise to pay their pro -rata share of the construction costs and further promise to sign a Mechanic's Lien or Materialman's Lien with the successful contractor, 80810 -15 Minutes of the Regular Meeting August 10, 1978 the street may be paved upon authorization from Council. The Council may vary from the 65% policy by authorizing the initiation of street improvements on assessment basis upon the receipt of the petition signed by more or less than the 65 7o. Therefore, Council has the authority to require the street to be paved whether there are 65% signers or not. It is also not necessary for a petition to be presented. Councilwoman Wilbanks inquired if the resolution is written in such a manner that when a petition is presented, if it has the correct percentage and the expressed willingness of the citizens to participate, then is it incumbent upon the City to go through with the project or is it a judgmental decision on the part of the Council even after receiving the petition. Councilwoman Wilbanks further inquired if the City Council has ever said no to a request to pave by petition that met the requirements set forth in the resolution. Councilman Kloesel responded that he believed the City Council had refused authorization when no funds were available for this purpose. Mr. Lanham commented that the last petition assessment program was the Tenth Street Paving Project. Councilman Cannon inquired if the streets would be concrete. Mr. Lanham responded that the plans were drawn showing concrete streets with storm sewers and curb and gutters. Norman Dykes, Director of Public works and City Engineer, was present to brief Council on the plans and specifications for each project. Mr. Dykes explained that all three of the streets will be concrete streets. Ashleyville and Wye are each 6 -inch concrete paving of standard subdivision type. Lynchburg Street will consist of 7 -inch concrete paving because of the heavier traffic. The paving distance of Ashleyville Street will be 710 feet; Wye Drive will be 775 feet, and Lynchburg Road will be 900 feet. The widths of Ashleyville and Wye will be 29 feet; Lynchburg would be 39 feet wide. The streets will have the necessary storm drainage. Ashleyville Street will require some sewer line work. Mr. Lanham explained that the Administration's recommendation is that the City carry the paper on this and assume the responsibility of collecting the liens because the projects are small. On other projects, the contractor has assumed non - homestead liens. The Administration felt that there should be no extensive collection procedures involved to collect from the property owners whose property abuts the street to be paved. Also, more bids probably will be received if the contractor has no responsibility for the liens. Mr. Dykes mentioned that since each of the jobs are less that a half -mile in length, the jobs will be bid under one contract. Mr. Lanham explained that if Council approved the plans (011, and specifications, bids will be taken, an appraiser will be appointed to determine the enhancement to the abutting property, notices will be mailed to those property owners, and a public hearing will be held to determine what the assessment will be. Afterwhich, Council will authorize the contractor to proceed. In response to a question from Council, Mr. Lanham explained that five out of eight property owners signed a petition regarding the paving of Ashleyville Street which would be approximately 621070 of the owners. Mr. Lanham explained that the petition was received in mid 1977. 80810 -16 Minutes of the Regular Meeting August 10, 1978 Councilman Cannon commented that he has reservations about authorizing $72,000 of taxpayers money to develop a dead -end street or one that goes into an undeveloped tract of land. Councilwoman Wilbanks commented that some of the signatures on the petition are no longer property owners on that street. Mr. Lanham explained that this is a possibility since during public hearings, it has been noted at times that there have been changes in ownership between the time the process begins and the time the hearing is set. Councilman Kloesel stated that he felt the petition to be a valid, serious petition, and if questions arise at the hearing, those can be resolved at a later date. He further commented that he is totally supportive of concrete streets. In response to a question from Council, Norman Dykes, City Engineer, stated that asphalt paving would be equally expensive. Councilman Kloesel moved for adoption of Proposed Resolution No. 635 and Proposed Resolution No. 636; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks and Caffey Mayor Hutto Nays: Councilman Cannon RESOLUTION NO. 634 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE WYE DRIVE STREET ASSESSMENT PROJECT AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. RESOLUTION NO. 635 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE LYNCHBERG ROAD STREET ASSESSMENT PROJECT AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Councilwoman Wilbanks inquired if ownership of the property has changed since the petition was signed, would the present owners be assessed even though they did not sign the petition? Mr. Lanham responded in the affirmative, stating that the assessment is against the property and not the owner. Councilwoman Caffey inquired whether the new owner would be aware of this situation. Mr. Lanham responded probably not. Mayor Hutto suggested on the Ashleville Project to return the petition to the person who presented it to Council to have the signatures reaffirmed before Council takes final action. The Council members concurred with the recommendation to postpone advertising for bids on the projects until the next Council meeting. Resolution - Authorizing the Administration to Renew the Intergovernmental Agreement with H -GAC for Section 112 Transportation Planning Grant Mr. Lanham explained that this is the third time that this action has been taken. It will allow the City to continue long -range transportation planning activities and N Minutes of the Regular Meeting August 10, 1978 will provide the City with $18,042 for The subcontract will continue the grant 1, 1978 through December 31, 1978. The recommended approval of the resolution. 80810 -17 those activities. program from September Administration Councilwoman Caffey moved to approve Proposed Resolution No. 637; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None RESOLUTION NO. 636 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN BY WHICH THE CITY COUNCIL CONCURS WITH THE PROPOSED WORK ELEMENTS ESTABLISHED BY THE HOUSTON - GALVESTON AREA COUNCIL'S UNIFIED WORK PROGRAM AND AUTHORIZING THE ADMINISTRATION TO RENEW AN INTERGOVERNMENTAL AGREEMENT WITH THE HOUSTON - GALVESTON AREA COUNCIL FOR FUNDING. Consider Plans and Specifications for Grading, Structures, Base and Surfacing on Spur 55 from SH 146 to Cedar Bayou and from Cedar Bayou to FM 1405 Norman Dykes stated that this project mainly consists of building approximately 1A miles of roadway and a bridge that would be approximately J mile long. The roadway will be constructed similarly to a farm to market highway with two 13 -foot lanes and 9 -foot shoulders. The subgrade will be lime stabilized to a depth of 6 inches, then a 15 -inch layer of lime stabilized base material to be topped with approximately 1J inches of hot mix asphalt on the surface. The estimated cost of this project is $6,784,855. Mr. Lanham stated that this project will be completed at no expense to the City. The City Staff has been reviewing the plans and specifications, and the Administration recommended approval of those plans and specifications. Councilman Kloesel moved to accept the plans and specifications for Spur 55; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Hear Report on Cost of Warning Signs At the last regular meeting, Council requested information concerning the cost of installing warning signs before speed zones. Mr. Lanham reported that the cost of materials only to install warning signs at every location where there is a reduction in speed is approximately $2,300. This would require about 113 signs. If signs were installed only on those streets that are part of the state system where there is a reduction in speed, the cost of sign materials would be $170; eight signs would be installed. If signs were installed only on major City thoroughfares where there is a reduction, the cost of materials would be $500. Twenty -four signs would be installed under this program. Councilwoman Wilbanks recommended that the information be forwarded to the Council's Traffic Committee for consideration. Bill Cornelius, Director of Planning and Traffic, explained that this matter had been considered by the Committee at 80810 -18 Minutes of the Regular Meeting August 10, 1978 their last meeting. Mrs. Wilbanks also felt that it would be distracting to have several signs at a given location. Councilman Kloesel moved to install warning signs on City thoroughfares and streets that are part of the state system; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Caffey, and Cannon Mayor Hutto Nays: Councilwoman Wilbanks Councilman Johnson felt that the speed limits within the City need some consideration. Mayor Hutto concurred, and went on to state that the Council's Traffic Committee should review the speed limits on Baytown's thoroughfares. Councilman Kloesel remarked that he would like the Traffic Committee to study the areas such as Highway 146 near the Holiday Inn, Decker Drive in the vicinity of the Ramada Inn, and any other area where the speed limit may need adjustment. Discuss the Implementation of Warning Tickets for Traffic Violations At the last regular meeting, Councilman Kloesel requested that the Administration place this matter on the agenda to discuss the implementation of warning tickets for traffic violations. Mr. Lanham remarked that assuming the warning ticket system was implemented after the computer system was set up, the problem would be in determining the fairness of the warning ticket system. He further stated that there would be hazards involved in over - structuring the system, and the warning ticket system would be better left to the discretion of the individual officers. Councilman Cannon remarked that he is bothered by the penalties levied by the insurance companies against motorists receive a ticket. Councilman Kloesel felt that warning tickets should be encouraged when the circumstances warrant, as in the case of a first offense. He also stated that this system may provide for better citizen - police relations. Councilman Cannon suggested scheduling a work session to discuss the warning ticket system. Councilman Kloesel concurred and suggested a date sometime in October. R. H. Turner, Chief of Police, invited the Council to hold the work session at the police station so that they might have a first -hand view of the records and special problems of the police and court; Council concurred. Discuss Water Billing Procedure Dan Savage, Assistant City Manager, summarized•the alternative plans for bringing the water billing up to date. He stated that the present plan calls for billing one of the two billing cycles every 9 working days. At this rate, the billing should be current in 10 months time. An alternative plan would be to prepare a two -month bill. This would require modification of existing computer programs and possibly a temporary rate ordinance. No revenue would be lost if this alternative were implemented, however, this two -month billing would place a financial burden on some citizens. 80810 -19 Minutes of the Regular Meeting August 10, 1978 A second alternative would be to work overtime to accelerate the present billing process. This might shorten the billing time to six or seven days per cycle. The obvious advantage to this tack would be the acceleration of the billing schedule. The drawbacks would include increased overtime pay, staff fatigue due to overtime, and acceleration of consumer payments. Yet another alternative would be to hire temporary help. This would reduce the need for staff overtime while speeding the process. The drawbacks to this include additional training time and temporary staff pay. Councilman Kloesel inquired as to the feasibility of showing on the bill the total amount due for the entire 2- month period, but specifying the "amount now due ". This would give the customer the option of paying the total 2- months billing or show a running total if the customer chose to pay on a month -by -month basis. Mayor Hutto felt that 90% of Baytown's citizens would not understand this type of billing. Mayor Hutto inquired about the possibility of changing the due -date on all water billing to the 10th of each month. This would benefit those citizens who are dependent upon Social Security checks for their livelyhood. It would enable them to pay their bills each month without being assessed a penalty for late payment. Pete Cote', Utility Office Manager, explained that the penalty date must be uniform. The problem is complicated by the fact that there are 2 billing cycles and a total of approximately 16,000 utility customers. Mr. Lanham remarked that one solution might be to eliminate the penalty. However, this would cause a substantial loss in anticipated revenue -- perhaps as much as $60,000. The Mayor suggested foregoing the penalty for one month in order to set up the standardized due -date. Mr. Cote' stated that the waived penalty would create problems with the collection of delinquent accounts, as well as affect the cash flow in the accounting department. He went on to say that a significant number of complaints regarding late billing are due to the fact that customers who have discontinued their water service do not receive their final water bills until 2 months after the service was disconnected. Hopefully, this problem will be alleviated by the new computer programs being worked up by the data processing staff. Council felt the fourth alternative to be the best solution to the inquirys about final bills and agreed that the water department should be allowed to bring the process to date gradually, as long as those customers desiring final bills are able to obtain same. Consider Appointments to the Parks and Recreation Advisory Board In August the terms of two members of the Parks and Recreation Advisory Board will expire. Wayne Gray, who is now serving as chairman, was originally appointed in 1966. Quin McWhirter has served as a board member since 1973. Air. Lanham reported that both members have indicated that they would be willing to serve another term. The Administration recommended that these members be reappointed. Councilman Johnson moved to reappoint Wayne Gray and Quin McWhirter to the Parks and Recreation Advisory Board; Councilwoman Caffey seconded the motion. The vote follows: 80810 -20 Minutes of the Regular Meeting August 10, 1978 Ayes: Council members Lander, Johnson, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Committee Reports None. Unfinished Business None. Adj ourn With no further business to transact, Councilman Kloeselj moved to adjourn; Councilman Johnson seconded the motion.. The vote was unanimous to adjourn. Karen Petru, Deputy City Clerk APPROVED: Eileen P. Hall, City Clerk i