Loading...
1978 11 21 CC Minutes81121 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 21, 1978 The City Council of the City of Baytown, Texas, met in regular session Tuesday, November 21, 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 Mary E. Wilbanks Eileen Caffey Allen Cannon Emmett 0. Hutto Fritz Lanham Dan Savage Scott Bounds Eileen P. Hall Absent: Ted Kloesel Councilman Councilman Councilwoman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Councilman Mayor Hutto called the meeting to order and the invocation was offered by Councilman Cannon. Minutes Councilman Johnson moved for the approval of the minutes of the regular meeting of November 9, 1978, and ratification of actions taken concerning each of the matters listed on the agenda of said meeting; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Receive Petitions Mr. Lanham explained that the City Clerk's office has received a petition from the Baytown Taxpayer's Association, and Eileen Hall, City Clerk, is verifying the signers of that petition against the voter's registration lists. Mrs. Hall expects to complete the verifications this week, and if it is necessary to return the petition for any corrections, that will be done next week. Afterwhich, those responsible for circulating the petition will correct insufficiencies and return same to the City Clerk. It will be necessary if an election is to be held, that it be held either on January 20, 1979, or April 7, 1979. These are dates that have been established by the legislature for most city elections. If Council should set the election for January 20, 1979, Council would need to take that action at the next Council meeting which is to be held on December 14, 1978. Mr. Lanham suggested that a work session be held on Monday, December 11, 1978. Councilwoman Wilbanks asked that the work session be scheduled for Tuesday, December 12, 1978, at 5:00 p.m. because she has conflict with the prior date. Council had no objection. City Manager's Report Ground Breaking for the Baytown Area Water Authority Water Treatment Plant - The ground breaking for the Baytown 81121 -2 Minutes of the Regular Meeting - November 21, 1978 Area Water Authority water treatment plant has been scheduled for Thursday, November 20, 1978, at 10:00 a.m. The contractor has issued an order for work to begin on November 27, 1978, which work will be completed by September 6, 1980. Civil Service Commission - The Civil Service Commission has recommended that the City construct facilities for giving physical agility tests to firemen and policemen as part of their testing procedure. Chief Turner has obtained information from other cities both as to the type of facility that is being used and also the forms that are used in administering the tests. The Administration would like to proceed with the construction of this facility. The cost of materials will be approximately $995, and the labor will be furnished by the City. The Administration plans to charge it to the Police and Fire eductional budgets unless Council has some objection. Council had no objection. Councilman Lander inquired if this had been validated? Larry Patterson, Director of Personnel, explained that the specific tests that have been designed here have probably not been tested. However, in the cities that are operating a similar test, the cities have successfully defended the tests. Airport Master Plan - The consultants have completed answering the questions raised at the public hearing which answers have been incorporated into the Environmental Impact Assessment Report. The consultants are still working on the cost estimates but all other required information has been assembled. It is projected that the report will be delivered to the FAA in two weeks for review by that agency and numerous other governmental agencies. The review period may require up to 60 days. The next step, if it is Council's desire to move ahead as rapidly as possible on this, would be for the City to engage a consultant to prepare a pre - application to the FAA for (1) acquisition of the Humphrey Airport, and (2) acquisition of a new site, or (3) first stage construction of a new airport with land costs reimbursements later. A copy of a letter from William N. Dale, Chief of the Houston Airports District Office of the Federal Aviation Administration, had been placed at the Council table. The letter indicated that funds are being reserved for Baytown to move ahead with its plan. The tone of that letter is that the AAA would_ like Baytown to'move ahead as rapidly as possible if Baytown is interested in pursuing this. The consultants will need to prepare detailed cost estimates for the airport development to be used in the grant application as well as determining the City's share of the development costs. It is mentioned in Mr. Dale's letter that there is the possibility that Harris County might be a co- sponsor with the City on this project. The letter also indicates that the FAA has funds earmarked for this project but cannot hold the funds indefinitely. The City must decide very soon what their course of action will be. Therefore, an item in this regard may be placed on the agenda of the work session scheduled for December 12. Jenkins - Holloway Park - The contractor is still putting the finishing touches around the baseball fields. Very little work has been done since the last report due to the rains. Asphalt work remains to be done. Neighborhood Center - The sheetrock on the walls has been installed. The taping and floating operation remains to be completed. This job is approximately 85% complete. Sliplining - Nine service connections have been made on Florida and 580 feet of liner was pulled from Fentucky*to Missouri between Florida and New Mexico. 81121 -3 Minutes of the Regular Meeting - November 21, 1978 Street Improvement Program - Brown and Root had applied an asphalt surface on Gulf Street before the rains started. Oak Street is scheduled to be asphalted at that time. Signal System Improvement - Installation of the aerial interconnect cable along North Main and North Pruett has been completed. Installation of the underground interconnect cable along Alexander Drive has been completed. Installation of underground conduit at various other locations is 40% complete. Construction of signal pole foundations at various locations is 40% complete. The total contract work is 28% complete. All multi - conductor cable has been received, anchor bolts for the signal poles, all signal heads and associated hardware has also been received. The materials that have not been received are the poles and control equipment. Questions or Comments Regarding the City Manager's Report Councilman Lander inquired if an opening date had been scheduled for the intersection of West Main and Spur 201. Mr. Lanham explained that he had talked with Mr. Ranft of the Highway Department about this but that he was not given an opening date. Mr. Ranft did indicate that there are areas on both ends of the project at West Main and at Decker Drive that are ready for asphalt. The Highway Department expects to do this within the next few days. After this is done, the Highway Department will begin to open parts of the road. Councilman Lander commented that it would help to open West Main at the underpass, then the Highway Department could block off the feeder roads to the main road. Mr. Lanham stated that the Highway Department would like to get the service road on the east side open first, but he would talk further with Mr. Ranft. Councilwoman Wilbanks reported that the quarterly meeting of the Gulf Coast Transportation Planning Region was last week, and the speaker there related progress on the proposed Beltway 8 bridge spanning the ship channel. At one time, the Council looked at the alternative of a toll bridge and some contact was made with the Turnpike Authority in that regard. Councilwoman Wilbanks asked that the Administration be in contact with the Authority to determine what the progress is on the study that was being made concerning a bridge at the Baytown /La Porte tunnel. The reason for her interest is that perhaps that would be one avenue to pursue in order to expedite the building of the bridge. Mr. Lanham inquired if he was to contact the Highway Department regarding the study. Councilwoman Wilbanks indicated that the Highway Department and the Turnpike Authority should be contacted since if the circumstances are right, these two entities may work together on the project. Also, County participation is allowed in some instances. Mr. Lanham said that he would check the various possibilities. Consider Request of Houston Lighting and Power Company for Fuel Cost Adjustment and Cost of Service Adjustment for the Month of December 1978 Council has received a copy of a letter from Jim Schaefer, District Manager for Houston Lighting and Power Company, which sets forth the proposed fuel cost adjustment and cost of service adjustment for the month of December 1978. The effect of these adjustments is to reduce the cost of 1,000 KWH in December by $1.31. The November cost was $33.60; the 81121 -4 Minutes of the Regular Meeting - November 21, 1978 December cost will be $32.29. The reason for this decrease is a significant reduction in the fuel cost adjustment. Council had no objections. Consider Request of Owners of Park Place Townhomes for Variance from the Density Standards of 8 Units Per Acre W. K. McConnell, owner and developer of the Park Place Townhomes, was present to appeal a decision that was made by the Planning Commission on November 6, 1978, which denied final approval of Park Place Townhomes because of a density variance. The denial was made based on the fact that 22 units were requested for approval on approximately 2.2 acres of land located near Decker Drive. Air. McConnell commented that he wanted to relate to Council the chronological events leading to his appearance, review some of the specific ordinance requirements, and go over some relevent facts that surround the project. Mr. McConnell commented that in July 1978, he purchased approximately 2.2 acres on Decker Drive located adjacent to the apartment complex formerly known as Country Club Manor Apartments. He further commented that he developed economics on how it would be best to develop the land and thought it was most economical to place 22 townhomes on the property. Busch, Hutchison, and Associates, engineering firm, was hired as consulting engineers. The engineering firm prepared a presentation for the Planning Commission meeting which was attended by Lee Horacefield, the engineer representing Busch, Hutchison, and Associates. Preliminary approval for the 22 units was obtained from the Commission with submittal of a plat clearly indicating the same density, which was objectionable in the later meeting. Detail engineering, conditional permanent financial commitments, and detailed townhouse design as well as bid packages for development have all been completed based on the preliminary approval granted. At that time, Lee Horacefield prepared a presentation for Mr. McConnell to present to the Planning Commission to obtain final approval. The final approval was denied although the same plat plan was used for both preliminary and final approval. The reason for denial of final approval was that the subdivision regulations provide a maximum of 8 units per acre in townhome subdivisions and the proposed project has 10 townhomes per acre. Mr. McConnell distributed copies of a section of the subdivision regulations which were established by Council, and which is the basis on which this townhome project was developed. Mr. McConnell commented that Article II, 27- 18(b) starts with "Preliminary Approval and Application," and it includes what material has to be included in the preliminary application made to the Planning Commission. Air. McConnell commented that he complied with all the requirements in this ordinance in order to make his presentation to the Planning Commission. A tabulation of the land area to be devoted to various uses and a calculation of the average residential density per net acre must also be included in that presentation. The required data shall be submitted to the Director of Planning and Traffic not less than 7 days prior to the Commission meeting at which preliminary approval is sought. Section 27 -19(b) states that the Commission shall determine whether the proposal conforms to city and other applicable regulations and may approve or disapprove the application and the accompanying preliminary development 81121 -5 Minutes of the Regular Meeting - November 21, 1978 plan or require such changes therein or impose such conditions of approval as are in its judgment necessary to insure conformity to said regulations. It also states that preliminary approval does not constitute acceptance of the plat by the City, but is merely authority to proceed with preparation of the final plat. No work shall be done on the ground until the final plat has been approved. Mr. McConnell commented that no work has begun on the ground at this time. Section 27 -21.2, "Final Approval," states that within 180 days after preliminary approval and within 30 days of submission of the final plan, the Commission shall examine such plat and determine whether it conforms to all applicable criteria and standards and whether it conforms in all substantial respects to the previously approved plat. Mr. McConnell commented that the same plat was used in the second presentation as was in the first presentation for preliminary approval. It also states that under "Density Standard" that the maximum density shall not exceed 8 dwelling units per parcel acre, except that consideration may be given for townhouse subdivisions proposed in areas which are primarily commercial in nature or areas which are primarily devoted to multi - family dwelling projects at the time the plat is submitted, and where the townhouse subdivision has direct access to a major thoroughfare capable of handling the increased traffic volume generated. In general, property with direct access to and within 300 feet of a designated major thoroughfare shall qualify as a commercial area, as well as other areas that the Commission determines to be primarily commercial in nature. The deter- mination of whether an area is primarily commercial or primarily multi - family shall rest solely with the Commission. Mr. McConnell commented that another fact relevant to his appeal is that variances of 20% and 25% have been granted in the past. He further stated that he felt it relevant that it is possible to build 44 apartment units on the land that would also add to the congestion. Mr. McConnell stated that the townhomes will cost between $50,000 and $75,000. They will be large townhomes with fireplaces, 6 -inch concrete in the drives, two -car garages, and many other features. He further commented that the timing is critical for his project because of the cost of concrete. In closing, Mr. McConnell asked that Council grant a reverse of the decision of the Planning Commission and grant approval of the Park Place Townhomes. Councilman Cannon inquired about the provision requiring a tabulation of the land area to be devoted to various land uses, and a calculation of the average residential density per net acre and asked if Mr. McConnell's application spelled out that this would be ten townhomes per acre. Bill Cornelius, Director of Planning and Traffic, commented that the plat did indicate 22 townhomes on 2.2 acres. Councilwoman Wilbanks inquired if this was specifically discussed at the Planning Commission meeting where preliminary approval was given. Mr. Cornelius commented that he was asked a direct question whether it met density requirements and that he had responded that it did meet density requirements but that he had not checked the regulations before responding in the affirmative. Councilwoman Wilbanks commented that Section 27 -20.1, "Engineering Report," states that after filing of the preliminary development plan, the Director of Planning and Traffic shall forward the plan to the Director of Public Works and the City Engineer for review of public improvements, including streets, utilities, and drainage. The Commission 31121 -6 Minutes of the Regular Meeting - November 21, 1978 shall not act on a final plat until it has first received a written report from the Director of Public Works and the City Engineer. Councilwoman Wilbanks inquired if this was complied with in both situations. Mr. Cornelius responded that it was. Councilwoman Wilbanks inquired if the question of 10 dwellings per acre was brought to attention after the meeting. Mr. Cornelius stated that was correct. Mayor Hutto commented that he received approval from the City Attorney to postpone the public hearing on special benefits for Lynchburg Road, Ashleyville Street, and Wye Drive until the discussion of this item has been completed. Mr. Lanham commented that it is his feeling that the Park Place Townhomes meet the exception that was mentioned earlier - -that consideration may be given for townhouse subdivisions proposed in areas which are primarily commercial in nature or areas which are primarily devoted to multi- family dwelling projects at the time the plat is submitted, and where the townhouse subdivision has direct access to a major thoroughfare capable of handling the increased traffic volume generated. Councilman Cannon inquired as to what were the reasons given by the Planning Commission for denial? Mr. Cornelius responded that denial was given strictly because of the density standards. The Administration recommended that Mr. McConnell's request be approved. The new subdivision regulation does provide that appeals may be made to Council if the Planning Commission does not grant approval. Councilman Johnson moved that Council approve the variance; Councilman Cannon seconded the motion. Councilman Cannon stated a reluctance to alter a decision of the Planning Commission when no member of that body was present to provide an explanation. However, in this particular case from the facts given by Mr. McConnell it appeared a variance would be in order. Councilman Lander commented that he felt sympathetic toward Mr. McConnell because it appears that this project does meet the exceptions. He further stated that as a result of the preliminary approval, some commitments were made which placed a financial burden on the developer. However, Councilman Lander stated that he would prefer that Council refer this to the Planning Commission for recon- sideration. Councilwoman Wilbanks explained that she appreciated the circumstances surrounding the decision of the Planning Commission and the steps taken by the developer. Yet, she felt that the change or the exception in a density requirement is a very serious matter. When Council put the subdivision ordinance together, Council was trying to see how they could best provide a quality of life to be maintained in Baytown. The vote follows: Ayes: Council members Lander, Johnson, Caffey, and Cannon Mayor Hutto Nays: Councilwoman Wilbanks 976 07 81121 -7 Minutes of the Regular. Meeting - November 21, 1978 Public Hearing on Special Benefits for Lynchburg Road, Ashleyville Street and Wye Drive Immediately after discussion on the previous item, Mayor Hutto called to order the public hearing concerning the paving assessments for property and owners adjacent to Lynchburg Road, Wye Drive, and Ashleyville Street. Everyone desiring to testify at the hearing was asked to sign the list in the lobby, which list will provide the speaking order for the hearing. Those desiring to testify were asked to stand and were sworn in as witnesses. Mayor Hutto explained that approximately 8 months ago, the City Council initiated a street improvement program under the state paving assessment statutes. A portion of this program was a result of a petition by owners adjacent to Ashleyville Street. Since that time, Council has approved plans for improving Ashleyville Street, Wye Drive, and Lynchburg Road. Tonight's hearing is for the purpose of determining the amount of the assessment to be levied against the property abutting the proposed street improvements and owners thereof according to the special benefits provided by said improvements. Scott Bounds, City Attorney, explained that last April, Council determined the necessity and ordered the permanent improvement of Lynchburg Road, Wye Drive, and Ashleyville Street. Council authorized Busch, Hutchison, and Associates, consulting engineers, to draw up plans for the street improvement project. These were approved and a contract has been executed with Marathon Paving. No work has begun yet. Based upon the contract, the City's consulting engineers estimated the total cost of the project on a front -foot basis. Mr. Bounds called Jim Hutchison, of Busch, Hutchison, and Associates, forward to briefly explain the proposed improvements and give the total cost figures on a front -foot basis. Mr. Hutchison explained that Wye Drive would be paved from the west end of the existing pavement to the east line of the Harris County flood control ditch 6- 105 -03 -00 flood control easement. This street would be paved with curb and gutter, 39 -foot wide for a distance of 775 feet and it would terminate at the flood control easement with an 80 -foot diameter cul -de -sac. The total assessment rate for Wye Drive according to state law would be $37.50 per front foot. Lynchburg Road would be paved from the existing pavement header on the west right -of -way line of Loop 201 to the east right -of -way line of Airhart Drive. This would be a distance of 900 feet, and will include a 7 -inch concrete curb and a 6 -inch reinforced concrete pavement, which would be built 39 feet wide. The total assessment rate for Lynchburg Road would be $38.83 per front foot. Ashleyville Street would be paved a distance of 710 feet from North Main Street to the east with 7 -inch concrete curbs, 6 -inch reinforced concrete pavement, 29 feet wide. The maximum front foot cost would be $27.03 per front foot. In response to a question from Councilman Cannon, Mr. Hutchison explained that by state law, the City may assess 1000 of the cost of the curb, and in all three cases, that is $1.85 per foot. The law provides that 90% of one -half the paved street may be assessed. Wye Drive would be $33.85, Lynchburg Road - $36.98, and Ashleyville Street - $25.18. Mr. Bounds asked that Gerald Teel, an appraiser with the firm of Dominey, Ford and Associates, come forward to make his presentation. Mr. Bounds explained that Mr. Teel 81121 -8 Minutes of the Regular Meeting - November 21, 1978 was employed to determine the special benefits and an enhanced value to the abutting property and the owners by reason of the proposed street improvements. Mr. Teel explained that Wye Drive and Lynchburg Road are more commercial in nature than Ashleyville Street. The pavement indicates an industrial type pavement for heavy traffic which would lend itself to an industrious and highest best use which his firm believes is the use of land in that area. Mr. Teel commented that it is his firm's opinion that the properties along Wye Drive would be benefited by $15.00 per front foot for the paving and $1.00 per front foot for the curb, which would be a total of $16.00 per front foot on the assessment. The Airhart property along Lynchburg Road would also be assessed at a minimum of $16.00 per front foot. Southern Pacific Railroad Company which owns property on the south side of the road, will not be assessed any cost because it was determined that the railroad would receive no benefit from the road improvement. Mr. Teel explained that assess- ments are based on how much property will be enhanced by road improvements. If there is zero enhancement, then there will be zero assessment. The Ashleyville property was broken up into two separate categories, that of commercial and that of residential. There are properties along that street that are currently being used as single family residences. The property is not restricted to this use, and in the future it could be used commercially. At this time, however, the appraisal firm considered enhancement based upon the improvements would have to be effected as single family residential property. The property which currently could be used as commercial, and property that is being used as commercial would have a total assessment of $15.00 per front foot. The property currently used as single family residential would have a total assessment of $7.00 per front foot. Mr. Bounds pointed out that an assessment roll had been included in the agenda packet and that assessment roll showed the figures as provided by Mr. Teel. Mr. Bounds introduced a publisher's affidavit into evidence which reflected the notice that was published in the paper. This published notice showed the total estimated cost as testified to by Mr. Teel in the street improvement program. Councilman Lander inquired how these assessment rates compare with past assessment projects. Mr. Teel responded that the assessments along Garth Road were approximately $11.00 per front foot for commercial and $4.00 for residential. Mr. Teel commented that there has been quite an increase in residential development costs. Therefore, residential property is 100% greater in assessment and commercial property is 50% greater in assessment. Councilman Cannon stated that by looking at the cost of curbs, he finds it difficult not to assess the full value of curbs and would prefer to assess the full value of the curb to the abutting property owners. He further stated that Lynchburg Road is a through street and Wye Drive has many facilities located on this street of which the residents of Baytown will be taking advantage, thereby utilizing the street. However, Ashleyville being a dead -end street would not serve the public as a whole, but the improvements to this street will be approximately 15% of the cost of the project to the abutting property owners. 81121 -9 Minutes of the Regular Meeting - November 21, 1978 Mr. Bounds, at this point, informed Mayor Hutto that the Administration's presentation was concluded, and that three ordinances along with assessment rolls had been prepared for presentation. The Administration asked that the ordinances be considered together. These ordinances would incorporate the recommendations of Air. Teel. With no further questions, Mayor Hutto closed the public hearing. Ordinances - Formally Closing the Hearing on Special Benefits and Establishing the Assessment Rates for Lynchburg Road, Ashleyville Street, and Wye Drive The proposed ordinances formally close the public hearing on the Lynchburg Road, Ashleyville Street and Wye Drive assessment paving projects and establish the assessment rates for property abutting these streets. Marathon Paving submitted the low bid for these projects in the amount of $297,730.50. The total proposed assessments amount is $43,540. The City's cost for paving all 3 streets is $254,190.50. The Administration recommended approval of the ordinances. Councilman Lander moved for adoption of the ordinances; Councilwoman Caffey seconded the motion. Councilman Cannon reiterated hi Street but since the contract has be ahead and vote for all 3 ordinances. Ayes: Council members Lander, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2580 s stand against Ashleyville en let, he would go The vote follows: Johnson, Wilbanks, AN ORDINANCE LEVYING ASSESSMENTS AGAINST THE OWNERS OF THE PROPERTY ABUTTING LYNCHBURG ROAD AND THEIR PROPERTY FOR THE PAYMENT OF A PART OF THE COST OF IMPROVING AND PAVING PORTIONS OF THAT STREET; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING LYNCHBURG ROAD; AND PROVIDING FOR THE COLLECTION OF THE ASSESSMENTS. ORDINANCE NO. 2581 AN ORDINANCE LEVYING ASSESSMENTS AGAINST THE OWNERS OF THE PROPERTY ABUTTING ASHLEYVILLE STREET AND THEIR PROPERTY FOR THE PAYMENT OF A PART OF THE COST OF IMPROVING AND PAVING PORTIONS OF THAT STREET; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ASHLEYVILLE STREET; AND PROVIDING FOR THE COLLECTION OF THE ASSESSMENTS. ORDINANCE NO. 2582 AN ORDINANCE LEVYING ASSESSMENTS AGAINST THE OWNERS OF THE PROPERTY ABUTTING WYE DRIVE AND THEIR PROPERTY FOR THE PAYMENT OF A PART OF THE COST OF IMPROVING AND PAVING PORTIONS OF THAT STREET; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING WYE DRIVE; AND PROVIDING FOR THE COLLECTION OF THE ASSESSMENTS. Ordinance - Establishing Rates to be Charged by Houston Lighting and Power Company On Monday, November 20, 1978, the Public Utilities 81121 -10 Minutes of the Regular Meeting - November 21, 1978 Commission rendered a final order on the rural rate request submitted by Houston Lighting and Power Company. Mr. Bounds explained that he had not had an opportunity to talk to the rate consultant as to the exact figures; however, it is very apparent that the rate order proposed by the PUC grants an approximate $55,000,000 revenue increase for H L & P. Council has received a copy of a chart which contains a brief summary of the action that the City of Houston has taken, the recommendations of the PUC Staff, recommendations of Touche Ross, the City's consultant, the action taken by the PUC, and the rate H L & P has requested. This chart brings the rate case down to the amount of the revenue increase, the presence of a cost of service clause, cost of service allocation method, and the relative rate of return. (See Attachment "A ") The Public Utilities Commission action that was taken would indicate an approximate $55,000,000 revenue increase. The cost of service clause for H L & P was eliminated and a determination was made that the cost of service allocation method should be on the loss of load probability method. This was basically the method proposed by H L & P and they designated that the relative rate of return would be as indicated. This would amount to an approximate 8% increase for residential customers. Mr. Bounds commented that he had prepared an ordinance for Council that contained several blanks, and the information on the summary sheet can be used to fill in the blank spaces following any of the guidelines set out or a combination of the approaches. Council has several alternatives that may be taken which are listed below: 1. Council could refuse to grant any revenue increase. To date, the lowest revenue increase granted has been by the City of Houston in the amount of $39,000,000. The City of Houston determined that the residential and miscellaneous general service categories would receive no rate increase and that the $39,000,000 would be paid by increasing the cost of service for the industrial and high voltage users, and the street lighting category. 2. Council may accept the recommendation of Touche Ross and their plant utilization method, which is a recommended approximate $51.945 million dollar increase. A different method of allocating cost of service was used by Touche Ross than was used by the PUC. For the City to adopt the increase proposed by Touche Ross and their plant utilization method, Council would expect the residential bills to increase approximately 2%, miscellaneous general service or small business bills to increase by approximately 1%, and for the industrial and resale customers to increase between 6.2% and 4%. 3. The PUC granted approximately $55,000,000. Houston Lighting and Power has requested a 174.9 million " dollar revenue increase which is approximately 12.6 %. They have also requested a cost of service clause and their proposed relative rate of return was very similar to that proposed by the PUC. Mr. Bounds felt that the Council's option at this point is to adopt a rate schedule granting Houston Lighting and Power the amount of revenue Council feels that the Company requires based upon what has been presented at this meeting and past meetings. Mr. Bounds further commented that the City of Houston's rate order was appealed to the PUC. The examiner for the Public Utilities Commission heard that case this morning and it was Mr. Bound's understanding that an internal rate order was adopted which would impose upon the City of 81121 -11 Minutes of the Regular Meeting - November 21, 1978 Houston, the same rate schedules that the PUC adopted in the rural rate case. Councilman Lander moved that Council adopt the rate ordinance as established by the PUC; Councilman Johnson seconded the motion. Councilman Cannon inquired if this is what the PUC did as far as the Houston rates were concerned. Mr. Bounds responded that this was his understanding although he had not seen anything in writing. Councilman Cannon stated that he would hate to see Council establish the rate recommended by the PUC and have Houston prevail with a lower rate. Councilman Cannon inquired if it would be proper to add a contingency to Councilman Lander's motion that no greater rates be granted than are granted for the City of Houston. Mr. Bounds stated that the City of Baytown would need a specific stand and make a determination on how much revenue that Houston Lighting and Power is entitled to and grant that revenue increase. By doing this Council will have established a final order from which H L & P could appeal to the PUC and from which H L & P can determine what the rates are going to be. He felt it would be best for Council to establish a specific amount of revenue increase for the company and determine the rate design or the method in which the company should go about raising their revenue. Mr. Bounds emphasized that Council does need to take action but not necessarily tonight. However, if Council does not take action, the revenue request of H L & P is deemed appropriate and those rates can be instituted. For that reason, by "no action," Council would be deeming the proposal of H L & P appropriate and Council might want to preclude that. Councilwoman Wilbanks stated tha Ross to look at communities Baytown's what it would cost H L & P to provide that this is a figure more applicable figure that the PUC is looking at for vote follows: t the City hired Touche size and to evaluate service. She felt to Baytown than the the entire area. The Ayes: Council members Lander, Johnson, and Caffey Nays: Council members Wilbanks and Cannon Mayor Hutto The motion did not pass. Mr. Lanham explained that if Council should approve the consultant's recommendations and it that is appealed to the PUC, Mr. Bounds along with Houston attorneys and others would make presentations to the PUC. If Council takes no action, Per. Bounds would not be in a position to represent Baytown before the PUC. Councilwoman Wilbanks moved to accept the recommendation of Touche Ross; Councilman Johnson seconded the motion. Councilman Lander commented that Council will have to take some kind of action; therefore, he will support this motion. However, he felt that the City is wasting time because if Baytown is going to argue a case, it would be hard to do it alone. If the City wants to fight, it should go in with the City of Houston on this. Mayor Hutto pointed out that Baytown had the opportunity to set its own rates, but chose to wait to see the outcome of the rate hearings on rural rates. Councilwoman Wilbanks commented that in order for Baytown to still participate in this, the Council must take 81121 -12 Minutes of the Regular Meeting - November 21, 1978 action to set a specific rate order. If Council leaves the tie vote, Baytown will not, as a single municipality, be participating at all. Jim Schaefer, District Manager for H L & P, commented that the purpose of the PUC was to represent those people that were living outside an incorporated city limits. Prior to the establishment of the PUC, there was no representation for these people and such situations, these areas went before the municipalities which had jurisdiction. The rates were set in the municipalities and then applied equally to the unincorporated areas. The PUC also represents cities that have given up their original jurisdiction. The vote follows: Ayes: Council members and Caffey Lander, Johnson, Wilbanks, Nays: Councilman Cannon Mayor Hutto ORDINANCE NO. 2583 AN ORDINANCE PRESCRIBING AND APPROVING RATES TO BE CHARGED BY HOUSTON LIGHTING AND POWER COMPANY IN THE CITY OF BAYTOWN, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED, OR WITHDRAWN; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH MAY BE IN CONFLICT. Ordinance - Authorizing the Execution of an Agreement with the Air National Guard Transition /Caretaker Force for Reciprocal Fire Protection Colonel Robert J. Blissard, Commander of the Texas Air National Guard unit at Ellington Air Force Base, requests that the City Council approve a Reciprocal Fire Protection Agreement with Ellington Air Force Base. The City has participated in such mutual aid agreements in the past. Mr. Lanham explained that the City has never responded to a fire at Ellington Air Force Base nor have they been to Baytown to assist with a fire. This agreement is a requirement of the Air Force which provides that the City of Baytown would respond upon request if the manpower and equipment is available and vice versa. The Administration recommended approval of the ordinance. Councilman Lander moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2584 AN ORDINANCE AUTHORIZING AN AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION BETWEEN THE CITY OF BAYTOWN FIRE DEPARTMENT AND THE AIR NATIONAL GUARD TRANSITION /CARETAKER FORCE FIRE DEPARTMENT OF ELLINGTON AIR FORCE BASE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Providing for and Allowing Under the Act Governing TMRS, Updated Service Credits and Providing for Allowance of Increases in Benefits to Retired Employees and to Beneficiaries of Deceased Employees The 1978 -79 budget includes funds to upgrade the City's participation in the Texas Municipal Retirement system. The 81121 -13 Minutes of the Regular Meeting - November 21, 1978 proposed ordinance adopts an upgraded service credit provision and provides that contributions after January 1, 1979 be based on 1000 of full salary. The current TMRS plan limits participation to the first $500 of an employees salary per month. The rate of employee contribution under both plans is 57o. The proposed plan would increase the benefits to the City's retired employees by 500. The City must keep the supplemental retirement system in operation for awhile, but at this point in time, the Administration does not know for how long. A few individuals participating in the supplemental retirement system are vested or partially vested, who are not part of TMRS and not eligible to participate. Some arrangements will need to be made with these employees. A few individuals who are partially or fully vested under the supplemental system, but would not be vested under TMRS at this time, may remain in the suppplemental system. There are a number of problems and situations such as this which will have to be worked out on an individual basis. This is something that the Board of Trustees - Supplemental Retirement are working on at this time. The City must move on into the system before January 1, 1979, or the City will have to wait for another year before doing so. The Administration recommended approval of the ordinance, but.the Administration will be coming back to Council with a resolution on some of these situations that were mentioned regarding the supplemental retirement system. Councilman Cannon moved for adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2585 AN ORDINANCE DETERMINING TO GRANT, PROVIDING FOR, AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDIT" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF BAYTOWN; ELECTING AND PRESCRIBING THE EFFECTIVE DATE OF SUCH UPDATED SERVICE CREDITS; AUTHORIZING AND PROVIDING FOR ALLOWANCE OF INCREASES, AS HEREIN PROVIDED. IN MONTHLY BENEFITS PAYABLE BY TEXAS MUNICIPAL RETIREMENT SYSTEM, AFTER THE EFFECTIVE DATE HEREIN SPECIFIED, TO RETIRED EMPLOYEES AND TO BENEFICIARIES OF DECEASED EMPLOYEES, UNDER CURRENT SERVICE ANNUITIES ARISING FROM SERVICE OF SUCH EMPLOYEES TO THIS CITY. Ordinance - Awarding the Bid for the Purchase of Tables, Chairs, and Accessories for the Community Building and the Baytown Sports Complex Three bids were received for the purchase of tables, chairs, and accessories for the Parks and Recreation Department. The tabulation of the tables, chairs, and accessories is attached to the minutes as Exhibit "B ". The bid of Stationers, Inc. for the stack chairs which was shown on the tabulation as $45.00 was in error and the bid was withdrawn. Matherne's, Inc. submitted the low bid in the amount of $8,366.60. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Council- woman Caffey seconded the motion. The vote follows: 81121 -14 Minutes of the Regular Meeting - November 21, 1978 Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2586 AN ORDINANCE ACCEPTING THE BID OF MATHERNE'S, INC. FOR THE PURCHASE OF TABLES, CHAIRS, AND ACCESSORIES FOR THE COMMUNITY BUILDING AND BAYTOWN SPORTS COMPLEX AND AUTHORIZING PAYMENT BY THE CITY IN THE AMOUNT OF EIGHT THOUSAND THREE HUNDRED SIXTY -SIX AND 60/100 ($8,366.60) DOLLARS. Ordinance - Awarding the Bid for the Purchase of Utility Equipment? Ten bids were received on utility equipment. The tabulation of the utility equipment is attached to the minutes as Exhibit "C ". Jim Ball International submitted the low bid on two front end loader backhoes at a total amount of $41,068. However, past experience with International equipment has been poor. Therefore, Mr. Lanham reported to Council on downtime as follows: 1976 International - Wastewater Division Total expense - $7900 Downtime - 156 days 1975 International - Water Distribution Total expense - $13,000 Downtime - 227 days 1977 John Deere Total expense - $1670 Downtime - 17 days 1970 International (The record on this vehicle is shown only since 1975) Total expense - $8200 Downtime - 184 days (This vehicle is being replaced by the purchase of one of the two backhoes) 1970 International (The record on this vehicle is shown only since 1975) Total expense - $5700 Downtime - 142 days 1974 John Deere Total expense - $5700 Downtime - 53 days 1977 John Deere Total expense - $1146 Downtime - 17 days Another factor that the Administration pointed out was that Tom Fairey Company indicated that the delivery could be in two days. The low bidder on the International specified 120 days for delivery. The City has a major project coming up in the very near future -- replacement of a sewer line on Spur 201. On the portion of Spur 201 where the Highway Department contractor is going to be working, the City must move the line or replace it. The City will not be able to wait 120 days to do this work and the cost to rent a backhoe for this work is approximately $1540. Mr. Lanham explained that it is very difficult for him to say that a new model of either of these would give the City the same experience as in the past. These are factors that the Administration felt that the Council should know. Based on these facts, it 81121 -15 Minutes of the Regular Meeting - November 21, 1978 appears that the City's experience in terms of expense and in downtime has been better with the John Deere. Mr. Bounds, in response to a question from Councilman Lander, explained that the Charter requires that the Council award the bid to the lowest, best most responsible bidder, and that the safest course of action is always to let the bid to the lowest bid meeting specifications. However, Council could vary by determining that the bid is not the most responsible or best bid. Councilman Johnson inquired if the City's experience on downtime of these machines meet this criteria? Mr. Bounds commented that this would be a factor that may be considered. Hiens Equipment Company was the low bidder on the backhoe trailer for the amount of $2,568.97. Air Cooled Engine was the low bidder on the lawnmower tractor for the amount of $2,094.99. The Administration recommended that the bids of Tom Fairey Company be accepted for Item No. 1, Hiens Equipment Company be accepted for Item No. 2, and Air Cooled Engine for Item No. 3. Councilman Johnson moved for adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2587 AN ORDINANCE APPROVING THE PURCHASE OF UTILITY EQUIPMENT BY ACCEPTING THE BIDS OF TOM FAIREY COMPANY FOR ITEM NO. 1: HIENS EQUIPMENT FOR ITEM NO. 2; AND AIR COOLED ENGINES FOR ITEM NO. 3 OF THE CITY OF BAYTOWN BID NO. 7810 -6; AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR EACH ITEM AS SET OUT BELOW. Consider Approval of the Specifications on Police Vehicles Council has requested to review the specifications for police vehicles that will be purchased in the 1978 -79 fiscal year. For the past few years, the City has purchased compacts with a minimum wheelbase of 111 inches. This year, because of model design changes, Chrysler Corporation is the only manufac- turer that makes a compact with a wheelbase longer than 111 inches. Because of these design changes, the Administration recommended that Council consider purchasing intermediate size vehicles and that the specifications include a 116 inch wheel- base and a 350 cubic inch engine rather than a 300 cubic inch engine. The Administration felt that the compact vehicles that are coming out this year are too small for much of the City's police work. The intermediate vehicles would include the Dodge St. Regis, Chrysler Newport, Chevrolet Impala, and Ford LTD II and all of these vehicles have the police package, which is part of the City's specifications. The Administration recommended approval of the revised specifications providing for the inter- mediate vehicles. Councilman Cannon moved for approval of the specifications as submitted; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 81121 -16 Minutes of the Regular Meeting - November 21, 1978 Resolution - Formally Accepting the West Main Street Bridge, Instructing the Consulting Engineers to Delete All Reference to Fenders from the Permit Drawing, and Providing for the Removal of the Fenders from the Waterway Council has received a copy of a letter from Jim Hutchison, of Busch, Hutchison, and Associates together with an order issued by the Harris County Commissioner's Court assigning title of the West Main Street Bridge to the City of Baytown. The City must accept ownership of the bridge in order to get the necessary per- mits from the U. S. Coast Guard to construct the pedestrian walk- way across Goose Creek Stream adjacent to the existing bridge. The City must remove the fenders but no decision has been made as to how the fenders will be removed. The Administration recommended approval of the resolution. Councilman Cannon expressed some concern regarding Provision C under Section 2 of the proposed resolution which states, "that in the event future navigation warrants, the modified bridge shall be restored to its original permitted vertical clearance at the owners expense ", which would mean a great amount of expense should future navigation warrant. For this reason, Councilman Cannon felt this gift is not in the City's best interest and should not be accepted. Mr. Hutchison stated that he could ask the Coast Guard what constitutes navigable waters. Council took no action, and the Administration will check into this matter further. Resolution No. 649 - Authorizing the Parks and Recreation Department Director to Apply for a Grant to Develop Four Parks The proposed resolution would authorize the Parks and Recreation Director to apply for a grant to develop four parks. These parks were scheduled for improvements utilizing 1975 bond funds. These bonds have not been sold and the City has $230,000 of unsold park bonds. The improvements would consist of the construction of a backstop and shelter at Tejas Park; installation of playground equipment at Newcastle Street; installation of playground equipment at League of Women Voters Park, and the development of a passive recreation area at West Texas Avenue Park. The development of a passive recreation area at West Texas Avenue Park is the only one that has been changed from the planning that was done in 1974 and 1975. This is the land that the City owns just west of San Jacinto Hospital and west of the Sterling Municipal Library. This land abuts the Goose Creek Stream and is a beautiful tract of land. The owner of the land across Goose Creek Stream from this site has cleaned his land which adds to the attractiveness of the City's land. It is Mr. Rountree's suggestion and the Parks and Recreation Board's recommendation that the City develop this area as a passive recreation area with picnic areas, tables, observatory paths, and historical marker to give some background and history of Goose Creek Stream. Mr. Rountree explained that the Parks Board had discussed recommending this deviation at great length to determine that with this lovely area, the passive development would be best. With the expansion of Sterling Municipal Library, the Cerebral Palsy Center, and the expansion of San Jacinto Methodist Hospital, people will be encouraged to use these facilities during the day and evening hours. The Cerebral Palsy Center has a playground area for its children, therefore, there would be no great need for a playground. 81121 -17 Minutes of the Regular "fleeting - November 21, 1978 Mr. Lanham stated that he felt there is a greater need for the type of development that Mr. Rountree has just spoken than a development of ballfields. The Administration recommended approval of the resolution which authorizes the Director of Parks and Recreation to make application for a 5076 grant from the Bureau of Outdoor Recreations. The estimated cost is $66,500 for these improvements. Councilwoman Caffey moved for adoption of the resolution; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 649 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF BAYTOWN IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF BAYTOWN IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM; SPECIFICALLY DESIGNATING TEJAS, WEST TEXAS AVENUE, NEWCASTLE STREET, AND LEAGUE OF WOMEN VOTERS PARKS FOR THE PURPOSES OF APPLICATION UNDER THE PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 650 - Authorizing the City Manager to Make Application for the Areawide Agency on Aging Grant for the Senior Citizens Taxi Program Dan Savage, Assistant City Manager, explained that in November, 1976, the City started the operation of the Senior Citizens Taxi Program. In April of 1977, the City was awarded the first grant from the Houston Harris County Areawide Agency on Aging to help the City of Baytown on this project. January 1, 1978, began the second year of the program under an Areawide Agency on Aging Grant. The current program expires at the end of the calendar year. This past year the City of Baytown had a grant for the amount of $20,000 with the City providing 25% of that money. At the end of October, approximately 420 - 425 people were enrolled in the program. The City is providing approximately 800 rides per month at an average cost of $2.00 per ride and a total cost on a monthly basis is approximately $1600. The City would like to apply for third year funding of this program for the amount of $24,000. In the third year of the program instead of funding 25 %, the City would be required to fund 40% of the total cost. Forty percent of $24,000 is approximately $9,600. The 1978 Revenue Sharing Budget includes $15,000 for senior citizens activities including the taxi program. The City's matching share would come from the revenue sharing allocation. This grant application would have to be approved by the Areawide Agency on Aging before it would go into effect and would be based on the 1979 calendar year. If this third year of funding is approved, this would be the last year that the City would be eligible for an Areawide Agency on Aging Grant. Beyond three years, a project cannot be funded under this grant. The Administration recommended approval of the resolution. Councilwoman Wilbanks moved for adoption of the resolution; Councilwoman Caffey seconded the motion. Mayor Hutto inquired what will happen to this program at the end of the next calendar year. Mr. Savage responded that if Council elects to continue the program, it will be the City's responsibility. The vote follows: 81121 -18 Minutes of the Regular Meeting - November 21, 1978 Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 650 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE HOUSTON- HARRIS COUNTY AREA AGENCY ON AGING FOR GRANT FUNDS IN THE AMOUNT OF FOURTEEN THOUSAND FOUR HUNDRED AND N01100 ($14,400.00) DOLLARS FOR THE CITY OF BAYTOWN SENIOR CITIZENS' TAXICAB PROGRAM. Resolution No. 651 - Authorizing the City Manager to Make Application for the Areawide Agency on Aging Grant for the Operation of Edison Courts Senior Center Mr. Savage explained that this is an application for another Areawide Agency on Aging Grant. For several years, the City has been acting as a contractor for the Housing Authority in the operation of the neighborhood centers at several Housing Authority sites. This year when the Housing Authority contract came up for renewal, the Authority indicated the capability of being able to fund the neighborhood center sites through the end of the current calendar year. At the end of the calendar year, no funds would be available for this purpose. The Housing Authority in the past has operated three different neighborhood centers. One of these centers which was the DeZavala Courts is apparently going to be abandoned. The building will be used for some other purpose. At the Lincoln -Sam Houston Courts, the City's information is that the neighborhood center at that location will also be discontinued because of the need to expand the office facilities at that location. The third site, which is Edison Courts, will be discontinued under the Housing Authority's action simply because of the lack of funding. The City has had particular success at the Edison Courts Neighborhood Center. This is a project that is designed to serve the needs of the senior citizens. There are 45 senior citizens that reside at that center. What the City would like to propose in this application is that the City with the assistance of the Areawide Agency on Aging Grant take over the operation of that particular program. The estimated cost for operating this program on a calendar year basis would be $4,500. The Areawide Agency on Aging Grant has indicated inability to fund any new grants until April 1, 1979. A first year grant applicant is eligible for 9 to 10 funding. The City would have to put up 1070 of the total amount. In order to continue this program in its present state, the City would have to bear the total cost from January 1, 1979 through March 31, 1979, and then 10% of the cost beyond that period. The total cost to the City under that formula would be $1,462.50. Revenue Sharing Funds which have been appropriated for senior citizen activities are available for this purpose. The Administration recommended approval of the resolution. Mr. Lanham explained that the Administration felt that this program had been a successful program and is needed by the senior '"A citizens who live at Edison Courts. Councilman Lander inquired if the Administration had determined that the money could be better used in some other manner? Mr. Savage explained that the Administration has regular meetings with the Transportation Committee which is made up of senior citizens, and the Administration asked them to make suggestions on additional ideas in terms of senior citizens activities. The Administration discussed this proposal with this group who did voice approval. 81121 -19 Minutes of the Regular Meeting - November 21, 1978 Councilman Lander moved for adoption of the resolution; Councilman Johnson seconded the motion. *Councilwoman Wilbanks gone. The vote follows: Ayes: Council members Lander, Johnson, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 651 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE HOUSTON- HARRIS COUNTY AREA AGENCY ON AGING FOR GRANT FUNDS IN THE AMOUNT OF FOUR THOUSAND FIFTY AND N01100 ($4,050.00) DOLLARS FOR THE OPERATION OF EDISON COURTS SENIOR CITIZENS' CENTER. *Councilwoman Wilbanks back. Resolution No. 652 - Authorizing Submission of the Grant for the Police Computer Recently, the City of Baytown submitted a grant application to the Texas Criminal Justice Council ( -TCJC) for the purchase of computer equipment for the Police and Municipal Court Departments. The application requested that the Criminal Justice Council provide $107,000 in Law Enforcement Assistance Administration funds for this purpose. The City agreed to match this with $36,000. The grant application was favorably reviewed by H -GAC and forwarded to the Texas Criminal Justice Council in Austin. Recently, the staff of the Texas Criminal Justice Council has notified the City that the Municipal Court activities cannot be funded with Law Enforcement Assistance Administration funds. Thus, the grant application in its present form will not be approved by the Texas Criminal Justice Council. To resolve this problem the staff of the Texas Criminal Justice Council has suggested that the grant be rewritten as an operations grant and that only those activities related to Police work be funded. If this is done the grant will no longer be for equipment purchase. Instead, it will be an operations grant which will underwrite the development of a Police system. If this is done the City will be able to add the Municipal Court system at its own cost. One of the advantages of the operations grant approach is that it requires no matching funds from the City. It is also possible to receive additional funding in future years. In conjunction with the original application, the City Council authorized the expenditure of approximately $100,000 in the 1978 -79 Data Processing Budget to fund the operation of the proposed system. The anticipated grant application was going to involve the purchase of computer equipment that would total approximately $143,000. The City was going to have to put up 25% of that money and the Criminal Justice Council would fund the remaining 75 %. That was going to be approximately $107,000. The City can switch the funding responsibility. What would happen under this proposal is that the Criminal Justice Council will fund the operation of the Police Computer System providing no Law Enforcement Assistance Administration funds are utilized to fund Municipal Court activities. The City's budgeted funds include enough money to acquire the necessary computer equipment. Mr. Savage pointed out that what the City would be doing is switching responsibilities in this revised grant application by giving the City the responsibility for acquiring the equipment and giving the Criminal Justice Council, through their grant funding, responsibility for the operational cost of this program. 81121 -20 Minutes of the Regular Meeting - November 21, 1978 Councilman Cannon stated that it would be more beneficial to go this route due to second year funding that is available which would not have been available through the original funding application for an equipment purchase. Mr. Lanham commented the Administration felt that it is important that the Municipal Court be part of this. Councilman Cannon inquired as to how much delay will this cause the City and will the City be able to go ahead with equipment selection? Mr. Savage explained that it is his guess, that at the last meeting in January or the first meeting in February, the City would be in a position to award bids. Mr. Savage explained that he had spoken with a number of vendors, and the best delivery time that had been quoted was approximately within 90 to 100 days. The longest delivery time was one year. Mr. Savage further explained that the people in Austin would not be in a position to accept the one year delivery time because these funds are suppose to be used within the calendar year or grant year, therefore, it would be no later than 180 days. The grant would be for a period of one year and Mr. Savage antici- pated that it would be to the City's advantage to start the grant on February 1 or shortly after the equipment purchase. Mr. Savage explained that there are three people in this year's budget that would be associated with this project - -a computer operator, keypunch operator and a sergeant's position in the Police Department. The police sergeant would be respon- sible for the development of the system. The Administration recommended approval of the resolution. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE CITY TO APPLY FOR LAW ENFORCEMENT ASSISTANCE ADMINISTRATION GRANT FUNDS TO FUND A POLICE COMPUTER SYSTEM OPERATION FOR THE POLICE DEPARTMENT. Consider Approving Revenue Sharing Funds for the Completion of the Baytown Sports Complex and Jenkins - Holloway Park Revenue Sharing funds in the amount of $50,000 have been allocated to the Parks and Recreation Department for the construction of hike and bike trails between Garth Road and the Baytown Sports Complex. When this project was initially proposed, Harris County was thought to own a drainage easement. It has been discovered that the county does not own the easement. Therefore, the easement must be purchased from the property owners to construct the proposed hike and bike trails which would be prohibitive with the amount of money allocated. Two projects which were included in the 1975 Bond Program have not been completed because of lack of funding. The first is a scout pavilion for the Jenkins - Holloway Park. The estimated cost of this structure is $43,700. The second project involves the installation of scoreboards and P A systems at the Baytown Sports Complex and Jenkins - Holloway Park. The cost of four scoreboards and two P A systems for these areas is $6,300. The Parks and Recreation Advisory Board has considered spending the allocated Revenue Sharing Funds for these purposes and has recommended approval. No resolution is required, but the Administration requested approval from Council. 81121 -21 Minutes of the Regular Meeting - November 21, 1978 Councilman Lander inquired what purpose the scout pavilion would serve, that is will it be used only by the scouts. Mr. Rountree explained that this pavilion will be similar to the pavilion at Roseland Park. The scouts will use the pavilion for 4 to 8 weeks and then it will be used on a reservation basis for parties, reunions, etc. Councilman Lander suggested that the building be referred to differently than as a scout pavilion. Councilman Cannon inquired if the Administration has checked on other possible areas where hike and bike trails could be located. Mr. Rountree explained that the reason it has taken so long for the Parks Board to come to Council with this recommendation is because they have been looking for other areas for the hike and bike trails. Mr. Rountree noted that the areas along Baker Road, Kilgore Road, and along an easement on Kettering Street had been considered. However, this would result in having trails going from one place to another but not connecting one park to another park, and there would be no chance of Bureau of Outdoor Recreation funding without connecting recreational facilities in some manner. Councilman Lander moved to approve the recommendation; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks and Caffey Mayor Hutto Nays: Councilman Cannon Discuss Annual Report on Selective Traffic Enforcement Program for 1978 Councilman Kloesel requested that this item be placed on the agenda, and since he was not present, this item was passed. Discuss Cost of Printing 10,000 - 15,000 City of Baytown Charters Mr. Lanham explained that to mail out 10,000 copies of the City of Baytown charters including the printing, mailing labels, and the postage would be approximately $5,032; for 15,000 copies - $7,447. These were only estimates that were received from printing companies. Consider Request of Richard Ross for Water and Sewer Service Outside the City Limits The people that made the request for water and sewer service outside the city limits asked that this request be taken off the agenda. Consider Appointment to the Board of Trustees - Supplemental Retirement Councilman Lander moved that Mayor Hutto be appointed to the Board of Trustees - Supplemental Retirement Board; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Nays: None Abstained: Mayor Hutto 81121 -22 Minutes of the Regular Meeting - November 20, 1978 Ordinance - Authorizing Change Order No. 2 to Contract No. 787 -80 with Shur -Flo, Inc. to Add a Portion of Kentucky Street to Said Contract The City has had a collapse in a 10 -inch sewer line on Kentucky Street and has had problems of sewer overflowing in the area of Florida Street. The City did not take bids on the placing of an 8 -inch pipe in a 10 -inch sewer line so it was necessary for Norman Dykes, City Engineer and Director of Public Works, to negotiate this with the contractor. It is necessary that this line be repaired immediately. There are approximately 1,077 linear feet of sewer line to be lined at an unit price of $11.00; and the total cost would be $11,847. The Adminstration recom- mended approval of the ordinance. Councilman Lander moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2588 AN ORDINANCE FINDING THAT AN EMERGENCY SITUATION EXISTS; AUTHORIZING A CHANGE ORDER IN THE CONTRACT WITH SBUR -FLO, INC. FOR SLIPLINING SERVICES. Committee Reports Councilwoman Wilbanks commented that she attended a meeting of elected officials in Harris County relating to the Clean Air Amendment and H -GAC has been charged as the planning entity to address the transportation problem. She explained that H -GAC will have to come up with some procedure for putting a plan together and then going to various municipalities to see if the plan is workable. She further commented that they came up with an idea of formulating a Technical Advisory Committee and also a Citizens Advisory Committee. The Technical Advisory Committee would be composed of people from staff of Houston, Pasadena, Baytown, the County, and three representatives from the Citizens Advisory Committee. Two staff members from the City of Baytown will be participating in this and they will be able to keep the Council up -to -date on what the City will face in the future. It is one of those things where the federal government has said, this shall be done, but to date, there has been no money allocated. Council will have to see what requirement this act might make on the City, both in efforts and dollars. This work is just in the formative stages. Mr. Lanham announced that he appointed Norman Dykes, City Engineer and Director of Pulbic Works, and Bill Cornelius, Director of Planning and Traffic, to the Technical Advisory Committee. Unfinished Business Councilman Johnson inquired about an article in a newspaper concerning the withdrawal of Lake Jackson and Angleton from H -GAC, and inquired what exactly is H -GAC's function, and if the City receives benefits by belonging to this organization. Council- woman Wilbanks stated that she did not read that article, but she understood that part of the reasoning behind Lake Jackson. withdrawing from H -GAC was that they felt by withdrawing they would no longer have to participate in Regional Planning nor would they have to go through review and comment, and that they would just deal directly with Austin and Washington when they were applying 81121 -23 Minutes of the Regular Meeting - November 21, 1978 for state and federal grants. The local review and comment is written into federal legislation and state legislation, there- fore, this is the most important function of Houston - Galveston Area Council, because this affords cities local representation rather than having priorities established in Austin or in Washington. Councilwoman Wilbanks emphasized that the H -GAC files its review and comments, and sometimes the federal agencies agree with H -GAC's position and sometimes they do not. By participation in H -GAC, the City has an opportunity to communicate with other cities in planning for our region, as a planning entity. H -GAC will spend time with Baytown in working out details on specific problems. In response to a question from Councilman Johnson, Council - woman Wilbanks commented that Baytown was able to have representation because Baytown is one of the larger population centers outside of Houston in Harris County. Pasadena and Baytown are the only two cities in Harris County with representation in addition to Houston. Hr. Lanham commented that through the years, it had been said of councils of government all over the country, that this is a government or that this is a governmental entity which is not true. H -GAC cannot tell the cities what to do, but they can make recommendations on the cities grants. Mr. Lanham further explained that H -GAC provides an opportunity and a mechanism for local governments to cooperate and plan together. Councilman Cannon commented that the cities need an organization such as H -GAC to overlook and review dollars to determine not only what is good for Baytown but what is good for the surrounding areas as well. Mr. Lanham further commented that H -GAC helps to strengthen local government rather than take away from it. Councilman Lander asked that at the next meeting that Mr. Lanham bring Council up -to -date on the 1975 Bond Issue. Recess and Reconvene Mayor Hutto recessed the open meeting into executive session to discuss land acquisition. When the open meeting reconvened, Mayor Hutto announced that no business had been transacted. With no further business to be transacted; Councilman Lander moved for adjournment; Councilman Johnson seconded the motion. The vote for adjournment was unanimous. Ka en Petru, Deputy City Clerk APPROVED: Eileen P. Hall, City Clerk 81121 -24 EXHIBIT "A" � I 7 • • i i . .. ' • - , 7 REVENUE• COS �' COST OF SERVICE RELATIVE RATE N yNC�EASE CLAUSE ALLOCATION trIETH(SD OF RETURN City of Houston $ 39.25 ?1'd, NO Plant Utilization Mist.-- n1.15crease LGS - 1,25 LOSA&B - 1.25 Streets - .16 PUC Staff $ 52 NO Sea H L & P See H L & P Touche. Ross $ 51.945 NO Plant Utilization Res. - X D4isc. - 1.15 . LGS - 1.25 LOSA &B - 1.25 ' � � Streets - X PUC Commission $'55 NO Loss of Load Res. - .70 . � Probability Misc. - 1.27 - LGS - 1.02 LOSA - 1.47 ' - � �- � LOSB - 1.23 Streets - .16 H L & P $1'74.9 YES Loss of Load Res . - . 7l , • --- Probability D•Sisc. - 1.26 LGS - 1.02 � ' LOSA - 1.30 • LOSB - 1.23 Streets -•.16 :�� • 81121 -26 EXHIBIT "B" • CITY OF BAYTOtI�N N TITLE TABLES, CHAIRS, AND ACCESSORIES BID TABULATION BID: 78tt -$ ' ,—� DATE'' 1i -13 -78 — g:30 a.m. . ,� — STATIONERS INC. MATHERNE'S INC. PERSENAIRE EQU(PT ITE��i QTY DESCRIPTION RNCE EXTENDED UNIT EXTENDED UNIT EXrENO 0 UN17 EXTENDED UNIT EXiEh�OE 1 50 ea. FOLDING TABLES $45.50 $2,275.00 $44.22 $2,2•___ 1 1_.0.0_ $47.40 $2,350.00 MAKE /MODEL None giv n Krueger Krueger NP6 2 1 set STACK CHAIRS � GANGED TABLE + 45.00 $ 2,i,03_3?+ NO 6I•D MAKE /MODEL None giv n' None giv n 3 25 ea. INSTITUTIONAL CARD TABLES $40.31 51,007.75 $39.41 $$ 9�. •$42.00 $1,050.00 MAKE /MODEL None giv n Krueger Krueger WP3 4 230 ea. STACK CHAIRS $22.50 $5,175.00• $21.00 $4,830.00 $16.00 $3,680.00* MAKE /MODEL None giv n None giv —� Krueger 100 5• 3 ea. CHAIR DOLLY $50.00• $ ,150.00 $45.67. $ 1___ 37` $49.00 $ 147.00 MAKE /MODEL None giv n. None g1v n Krueger MD. • DELIVERY" 90 -120 ays 6 weeks 30. days • +PRICE RROR DOES N T MEET SPECIFI ATIONS GROSS ToTAC. � .� LESS DISC.... � � � � ET T�TA L �. 's n i~'1 1t /CRY , • �� � $8,652.75 $8,366.60 •. $7,227.00 •.• • - - - 81121 -28 EXHIBIT "C" =�� � c1TY of sAYTOwn1 • . • . TITLE: UTILITY EQUIPMENT � BID TABULATION 8lD� �sto -6 -- -- - - -- N . flAT�� �� 11 -13 -78 - 9:30 a.m. _ • � TOM FA1R�Y CO. MIENS E UIPMENT WATSON DIST. JIM BAL I EP,. STEM QTY .pESCR�PTlON � R "cE EXTENDED UNlT EXTENDED UNlT TENOED UNl7 EXTENOEO UNlT EXTENDED 1•. 2 each FRONT END LOADER. BACKFIOE � 21,858.5 ,;__ , - -F $22,782.9 •.� .. -• _�._ KO BID $33,390.2 $20�53�• o . $43;717.00 $45,565.78 66,781.04 $41,068.00 MAKE /MODEL John Dee a 410 John Dee a 410 Ford 750 1H 270A 2. 1 each BACKHOE TRAILER $ 2,440.00 $ 2_,568.97 NO BiD NO 6iD NO BID MAKE /MODEL � Totem AL 150 Birmingh 6g PON150 - 3. 1 each LAWN MOWER TRACTOR NO BID � $ 2,622.39. $ 2,925.00 $ 2,b60.00 $ 2,729.50 MAKE /MODEL � John De re 316 Jacobson 1650 Ford 165 IH i650 DELIVERY A.R.O. 2 days 60 .days None gi en 30 -90 da s 120 day Three Companies submitted iVo Bids GROSS TOTAL $46,157.00 SSo,757.1�. $2,g25.00. $69,441.04 '� LESS DISC,�::.f' rf f� it-r�v . S43,797.50 CITY of BAYTOWN T1 TL UTILITY EQUIPMENT CONT: BID TABULATION co BID: N DATE 11 -13 -78 - 9:30 a.m. 00 CASE POWER C EQUiP. TRi.J1TY VALLEY PLAINS MACHINERY Q ENf I NF ITEM QTY DESCRIPTION ' ' R T EXTENDED UNIT EXTENDED • UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED PRIC 1. 2 each FRONT END LOADER BACKHOE $211999-00 $2Z,958- CO NO BID $29,500.)0 21,337-92 P. $43,998.00 $45,916.00 $59,000.00 $42,675.84 MAKE /MODEL John Dee a 410 IH 270A Case '680 Ford 555 Does no meet Specs 2. 1 each BACKHOE TRAILER $ 3,191.00 $ 3,960.00 NO BID NO BID 140 BID MAKE /MODEL Chief D- Chef D3:. NO BID S 3. 1 each LAWN MOWER TRACTOR NO BID NO BID $ 2,094.99 NO BID MAKE /MODEL Wheelh rse C160 60 -g0 da s 90-120 Is 1 day 60 days 90 days DELIVERY A.R.O. ` GROSS TOTAL $47,188.00 $49,87b.00 $ 2,094.99 $59,000.00 $42,b75.84 N ET TOTA L DIVERY