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1978 12 14 CC Minutes81214 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 14, 1978 The City Council of the City of Baytown, Texas, met in regular session Thursday, December 14, 1978, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jimmy Johnson Ted Kloesel Mary E. Wilbanks Eileen Caffey *Allen Cannon Emmett O. Hutto Fritz Lanham Dan Savage Scott Bounds Eileen P. Hall Absent: Jody Lander 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 Johnson. Minutes Councilwoman Wilbanks moved for approval of the minutes of the regular meeting of November 21, 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 Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Ordinance - Calling a Municipal Election to Consider Charter Amendments Mayor Hutto moved Item No. 8, Proposed Ordinance No. 81214 -1, because one Council person had another engagement and would be absent from the meeting. Mr. Lamar Kelley was present as representative of the Taxpayer's Association. Mr. Lanham explained that the City Clerk had verified the petitions to find that all Charter requirements were met. The City Attorney has given an opinion that one of the amendments is unconstitutional, but that in view of the fact that the petitions do meet Charter requirements, the amendments, as proposed, must be submitted to the electorate. Mr. Bounds, City Attorney, reviewed the proposed ordinance, which sets out the form of the ballot. The ballot must be presented so that the electorate may vote on the amendments by indicating "yes" or "no." In order to accomplish this, the phrase, "Shall the City Charter be Amended," was added before each proposed amendment. In addition to the amendments proposed in the petition an Amendment No. 4 has been included on the ballot which would be an exemption from the tax rate for bonds approved at an election by a majority of the qualified voters. In addition to the ordinance, a copy of the election notice was included for Council consideration. The ordinance provides that the election will be held January 20, 1979. 81214 -2 Minutes of the Regular Meeting - December 14, 1978 With regard to form, Mr. Bounds, in response to a question from Councilwoman Wilbanks, stated that if the proposed amendments were approved by the electorate, then those amendments would be printed in the Charter as voted. Councilman Kloesel questioned the election date. He felt that April 7 should be considered. Mayor Hutto felt that the best date to hold the election and comply with state law would be January 20 due to the fact that the regular municipal election will be held on April 7 which would clutter the ballot and detract from the election of the proposed Charter amendments. Councilman Kloesel felt that by setting the election for April 7, this would allow more time for the public to consider other changes to the Charter, but agreed to reserve judgment to another point in the discussion. Mayor Hutto recognized Lamar Kelley who read a statement which is on file in the City Clerk's office. In this statement, Mr. Kelley pointed out that many of the comments or criticisms received related to inadequacies in the present Charter and suggested that a Charter Commission be appointed to study the present Charter and suggest changes to bring the Charter into compliance with state laws. Another suggestion was that the Industrial District Policy of the City be amended to the original 75 -25% ratio or whatever rate necessary to recover needed revenue. Mr. Kelley requested that City Council set the election on the proposed amendments for January 20. In the discussion that followed, Mr. Kelley was asked if he understood that once the Charter is amended, there will be a two -year period before another amendment may be proposed. Mr. Kelley understood this, but felt that probably it would take this amount of time to prepare for an overall Charter revision. Councilman Cannon expressed concern that if Amendment No. 1 passed that the City would be reducing taxes across the board by 160, as well as reductions in industrial payments. These industrial district contracts for the most part have recently been negotiated for a seven -year period; therefore, no changes could be made for that period. Mr. Cannon's concern was that with these obvious reductions, the City may be in an untenable position with regard to selling bonds. Mr. Kelley's response to this was that there is much waste included in the budget which could be deleted, and the sales tax continues to grow with the City which should help to offset the reduction in revenue. Mr. Cannon felt that it would be better to give the Council an opportunity to attempt the zero -base budgeting approach before implementing an election on these proposed Charter amendments. 14r. Kelley stated that he was in complete agreement with the zero based budgeting concept, because the only way to control spending would be to control the budget. However, Mr. Kelley made no comment in regard to Mr. Cannon's proposal. Councilman Kloesel moved to adopt Proposed Ordinance No. 81214 -1, with the exception of Amendment No. 4 - -he desired to delete Amendment No. 4. Councilman Cannon seconded the motion. Councilman Kloesel stated that he was opposed to Amendment No. 4 and felt that this amendment would have a serious impact on the election. He felt that the taxpayers had presented three amendments and those were the amendments that should be considered. Mayor Hutto read Amendment No. 4 for the benefit of Mr. Kelley and others present who might be interested. Councilman 81214 -3 Minutes of the Regular Meeting - December 14, 1978 Cannon explained that if this amendment passed, then the requirements of the City to pay principal and interest on bonded indebtedness would not be included in this 6/10 of 1 %; thereby, protecting the City's financial standing. Mr. Kelley stated that this was the first time Amendment No. 4 had been mentioned to him, but without obtaining any legal advice, it would seem that if Amendment No. 4 would make Amendments No. 1, 2, and 3, more palatable to the citizens and to Council, then he certainly had no objections. Mr. Kelley expressed the feeling that the Council needed to concern itself with the amount of the City's bonded indebtedness. Councilman Kloesel concurred, and pointed out that no other city of comparable size in the state has a greater bonded indebtedness than Baytown. Mr. Kelley pointed out that Amendment No. 4 would provide that the citizens be fully apprised of what the current bond indebtedness is and how much taxes would be increased to cover any new bond issue. Mr. Kelley reiterated that if Amendment No. 4 would make Amendments No. 1, 2, & 3 more acceptable to the citizens of Baytown and to Council, then he had no objection. Mr. Kelley also acknowledged that the City's bond rating is most important to retain. In view of Mr. Kelley's remarks, Councilman Cannon withdrew his second of the motion. He said that the Taxpayer's Association would be reviewing Amendment No. 4, and that in his opinion the amendment had a negating effect, but if they could support Amendment No. 4, then he felt that this would make the first three much more palatable. In fact, he stated that he would have no problem with supporting all four amendments. He felt that perhaps Amendment No. 4 is the solution to the taxpayer's group and to City Council. Mr. Kelley felt that the offsetting point to Amendment No. 4 is the fact that all decisions will rest with the people of Baytown on future tax increases for bonds. Mr. Kelley did emphasize that he was speaking strictly for himself and not for the Taxpayer's Association, and that he understood the concern of Council and the reason that Council would want Amendment No. 4 on the ballot. :Mayor Hutto declared Councilman Kloesel's motion died for lack of a second. Councilman Cannon moved for adoption of the ordinance as submitted; Councilman Johnson seconded the motion. Councilman Kloesel stated that he would support the motion, because he felt the taxpayer's request should go to the voters, but he did state that he felt that the addition of Amendment No. 4 would have a negating effect on Amendments No. 1, 2, and 3. Councilwoman Wilbanks stated that even in the light of one of the proposed amendments being unconstitutional, 1900 signatures was a strong indication of interest in a referendum election for Charter change. She stated that as a Council member she receives and acknowledges that request, but felt that the electorate should be informed on the proposed changes - -how these changes would alter the tax structure of the City, as well as how these changes apply to the individual citizen. Mr. Kelley said this is the reason that the Taxpayers' Association felt that another work session with Council would be advisable. Some of the questions raised in the last work session could be addressed and possibly clarified. With regard to the unconstitutional amendment, Mr. Kelley said that this is a fact, the amendment is unconstitutional, but he felt that the law is very bad and should be challenged. 81214 -4 Minutes of the Regular Meeting - December 14, 1978 The vote follows: Ayes: Council members Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2589 AN ORDINANCE CALLING ELECTION TO AMEND THE CITY CHARTER OF THE CITY OF BAYTOWN, TEXAS. *Councilman Cannon absent. In response to a comment from Councilman Kloesel concerning the manner in which the Administration handled briefing, Mayor Hutto pointed out that legal language has a tendency to be cold and impersonal to a lay person, and stated that the Administration had a responsibility to brief Council fully on the petition. Receive Petitions A petition with approximately 30 signatures had been received by the Administration requesting that Lazy Lane from Robin Road to Holly Drive be permanently improved. Mr. Lanham explained to Council that the Administration is in the process of developing the 1979 Street Improvement Program which will be recommended at the next regular Council meeting. The determination has been made that Lazy Lane is one street that should be included on that list; therefore, this is one of the streets that will be recommended for reconstruction. Councilwoman Wilbanks moved for the acceptance of the petition; Councilman Kloesel seconded the motion. Councilman Johnson inquired if these people will be notified of the intent. Mr. Lanham said he would notify one of the signers of the petition who had been in contact with him. The vote was unanimous in favor of accepting the petition. City Manager's Report The barricades have been removed and both sides of West Main where Spur 201 intersects have been opened, along with the service roads between Arizona and West Main. Mr. Ranft indicated that the remainder of the project should be open in about 2 months. The Highway Department will take bids on the next phase in January or February. This will consist of the dirt work or underground work. Then a second contract will be let on the paving. The new signal at Fairway and Decker Drive will be operational on Monday. At the last Council meeting, the City Manager was asked to inquire into the status of the study that is being made by the State Department of Highways and Public Transportation on the proposed bridge across the ship channel. The Highway Department and the Highway Commission are moving ahead on the study of the project. The Turnpike Authority usually enters the study phase upon recommendation from the Highway Commission, but since the study is well on its way, this possibility does not seem likely. However, perhaps when the study is completed, there will be an opportunity to ask for consideration from the Turnpike Authority. Council indicated 81214 -5 Minutes of the Regular Meeting - December 14, 1978 an interest in some informal inquiries to the Turnpike Authority to determine how priorities are established by the Highway Commission with regard to which projects are forwarded to the Turnpike Authority for consideration. Councilman Kloesel stated that he would be opposed to any construction by the Turnpike Authority. He felt that Texas has the wealth to provide the necessary roadways for the state without the construction of toll roadways. He felt that the only problem that needed to be resolved is how to expedite the study being conducted by the Highway Department and Highway Commission. Councilwoman Wilbanks stated that there had been an indication that the time frame on this project would be dictated by available funding. 1975 Bond Program Signal Improvements - Phase I - The construction of the signal pole foundations at various locations is approximately 70% complete. Materials that were received recently include the signal mast arm poles and associated hardware. The contractor should begin installing those poles next week. 1975 Bond Program Signal Improvements - Phase II - The control equipment specifications have been presented to Purchasing to receive bids in January. Specifications are being developed for the purchase of poles and the Administration is hoping to advertise for the receipt of bids in February. Bids for the other equipment should be received in February or March. After these bids are received, the Administration will be in a position to make recommendations based on the availability of funds. A portion of this program is being financed from 1975 Bond Funds and a portion from the budget. Street Improvement Program - The contractor has progressed in the last few weeks in spite of poor weather conditions. The laying of asphalt has been completed on Allman, Bowie, Louisiana, Oak,-South Shepherd, Nest Gulf, and North Pruett. The base and concrete work on Third Street is in place and the asphalt work is needed to complete that street. Limestone has been added to the base on Pin Oak. A great deal more limestone has been required for this program than was anticipated; therefore, there will be an overrun. Parks Projects - The Jenkins - Hollaway Park Project is substantially complete. The only work remaining is the surfacing of one parking lot and the drives into and through the site. Sports Complex Neighborhood Center - The outside of the building is finished; painting was completed last week. Inside, the woodwork is being installed along with cabinets and other built -in equipment. Langford Engineers have indicated that they will be prepared early next month to have a work session with Council to review the plans for the East District Trunk Sewer and to report on the study of the Central Sewer System. Landfill - The Administration proposes to advertise for bids for landfill services to be received on January 8. The present contract expires in April. Since the next regular meeting will fall on December 28, Mr. Lanham inquired if Council would like to forego this meeting. If Council authorizes a bond sale for January 4, there could be other items included on the agenda for that meeting, if necessary. The Administration suggested that the meeting for January 4 be held at 5:00 p.m. Council had no objection to either suggestion. 81214 -6 Minutes of the Regular Meeting - December 14, 1978 In response to a question from Council, Mr. Lanham stated that he had been on location at the BAWA site and the contractor was busy with the dirt work. Councilwoman Wilbanks requested that the Administration contact the property owners of the land to be used to complete Rollingbrook with regard to completing those lanes between the bridge and Garth Road. Mr. Lanham stated that the property owners had been contacted several months ago, but the Administration would approach the owners again. The City has an agreement with the owners, but the agreement states that the roadway will be completed upon development of the property. Mayor Hutto suggested that the county be contacted with regard to the possibility of a temporary measure for the use of right -of -way on Baker Road to move traffic. Councilman Kloesel informed the Administration that he had been receiving complaints concerning the contractor who was performing the sliplining in Britton Cravens addition. Mr. Lanham said that Mr. Dykes had spoken to the contractor in this regard. Mr. Kloesel requested that an item be placed on the agenda to appoint a committee to make recommendations on recommended methods of road construction in the City of Baytown. The intent would be to get a group of construction people who are familiar with the road building and engineers to study what is being done in order to make a determination whether another approach would be better. Mr. Kloesel also requested that an item be placed on the agenda to consider designation of a Charter Commission. Councilman Johnson mentioned that the curb on Carolina Street had separated from the street again. Mr. Lanham said he would have this checked. Arthur Morgan Will Appear Mr. Morgan could not be present, but he had left a letter with the Administration adressed to the Council. In this letter, Mr. Morgan suggests that Council consider an ordinance to restrict the commercial activity of any commercial business that manufactures, rebuilds, or repairs any product and is located closer than 5 feet to a residential property line where there is a residence located to operating between the hours of 7:00 a.m. and 7:00 p.m. Mr. Kloesel stated that he would be interested in having this item on the next regular agenda, because he felt the suggested ordinance had merit. Mayor Hutto recognized Frank Jensen, employee and part owner of the shop next to Mr. 111organ's residence, who stated that the shop is operated from 8:00 a.m. to 5:00 p.m. Monday through Friday. However, because this is a specialized machine shop where precision work is performed, there are times when the shop is in operation into the night. At present, the owners are in the process of erecting a concrete and brick wall which should reduce the noise considerably. Mr. Jensen mentioned that Mr. Morgan operates a cabinet shop in his home which he does not restrict to an 8:00 to 5:00 operation. Therefore, if this ordinance were to be passed, many commercial concerns would be affected, including Mr. Morgan. 81214 -7 Minutes of the Regular Meeting - December 14, 1978 Mayor Hutto stated that he would find it very difficult to support such an ordinance because this would resemble zoning which the citizens of Baytown have voted down on numerous occasions. R. L. Parker Will Appear Mr. Parker appeared to discuss several items. First, he requested that the siren located at the Fire Station on Ward Road be removed. Second, he requested that signs be erected on Richardson Lane to prohibit through traffic. fir. Lanham stated that rather than having signs placed, he felt that what is needed is stricter enforcement. Signs are placed to notify truckers where the truck routes are located; therefore, there is no reason for the use of residential streets for this purpose. Third, Mr. Parker discussed the problem of dogs running at large in the City. He mentioned a problem of a pack of dogs running near the MBA and requested that Air. Bert Warren be allowed to speak. Mr. Warren informed Council of two large dogs which are at large in the Lakewood area. These large dogs frequently kill cats and Mr. Warren's family has just had a very bad experience where his small son could have been seriously injured. When the Humane Department was called out, Mr. Warren discovered that due to the small fine being levied, the owner of the dogs made no real effort to control or keep the dogs penned. Mr. Charlie Caldwell concurred that dogs are allowed to run at large because the owners are not forced to pay higher fines. Mr. C. B. Pedaway also spoke concerning dogs that are penned, but howl all hours of the night. He, too, suggested that more severe fines be administered for habitual violators. Councilman Johnson stated that he felt the siren should be removed. M. F. Wasicek Will Appear Mr. Wasicek appeared with regard to a problem he is having with his drive at 504 American Street. The street is approximately 10 inches below his driveway and lot level. *Allen Cannon present. Mr. Wasicek acknowledged that the problem was not caused by any work performed by the City. He stated that he would have no objections to making the necessary corrections himself if permitted to do so. Councilwoman Wilbanks requested that the Administration check into the matter to get all the details to be presented to Council at its next regular meeting. Council has established a policy regarding the installation of metal pipe in driveways. Upon request of a property owner, the City may install metal pipe in driveways after an engineering investigation and determination that the problem was caused by the City. The Administration received many requests for the installation of pipe in the gutters, but only in those instances where the City has performed work to cause a problem is pipe installed. To deviate from this policy would mean that the City would be making this adjustment throughout the City. At the time this solution was recommended, the Administration explained that this is not a good solution. The metal pipe that has been installed on Sterling and Defee becomes clogged and is very unsightly as a result. Mr. Wasicek said he would suggest the installation of a 6 -inch pipe with one -half yard of asphalt which he would install 81214 -8 Minutes of the Regular Meeting - December 14, 1978 himself. He also assured Council that this installation would not interfere with anyone and would be kept free of debris. Mayor Hutto told Mr. Wasicek that he would be hearing from the Administration on this. Mayor Hutto called a recess. A Representative of Teleprompter Will Appear Mayor Hutto reconvened the meeting. A letter had been presented to Council by Teleprompter regarding the deregulation of the rates charged by Teleprompter of Baytown. Mr. Bob Poindexter, along with several representatives of Teleprompter, was present. A preview of what is planned for the Baytown area by Teleprompter was shown. Mr. Poindexter stated that Teleprompter plans to bring three premium channels to Baytown for a total of $16.95 per month. This would provide much more variety for the customers. Council had suggested deregulation of Teleprompter's rates in September, 1977, but due to the lack of activity in Baytown at that time, Teleprompter did not make that request. Now that Teleprompter has decided to exert full efforts toward cable TV service in Baytown, the decision has been made to request deregulation. Many cities in the United States have gone to deregulation of Teleprompter because to regulate became too expensive for a non - essential type service. Teleprompter has 115 miles of cable in the community at present, which is installed in front of 9,500 homes. Presently, there are 1,100 subscribers paying $7.50 monthly. Ten percent of the subscribers were called to determine what their response would be to the proposal being made to City Council. Of that 10 %, 87'x% liked this one -level service package for the $16.95 price and suggested that they would be interested in subscribing. Undecided were 6W There has been strong patronage over the years when very little was being offered. Therefore, for those subscribers who would not be interested in the single -level package, Teleprompter will eliminate those three premium channels from those subcribers who prefer to stay with what they have. Pastor Manuel McKnight, the Director of KBAY, has leased Channel 3 to present community interest activities. If the subscribers were to reach 5- 6,000, Council meetings may be aired. Pastor McKnight stated that he is very concerned about Baytown, because Houston has the television industry monopolized so that if Baytown will have anything for the community, it will have to be through cable. He felt that it is very important to have cable for Baytown because as Houston grows there will be a great deal of interference. Fred Bradford, Counselor for Teleprompter, mentioned the letter which was provided. He emphasized that what is being discussed tonight is actually the rates and that Teleprompter is not actually a utility in that it is not a necessity. If the rates are deregulated, the installation charge will be $24.95. The actual cost of installation is $28.13; therefore, the company will be absorbing this loss. The main point emphasized by Teleprompter was that the service this company provides is not an essential item and if it is over - priced, then people will not subscribe to it. A unique feature of this system is that certain programming can be locked to censor a child's viewing ability. Councilman Cannon pointed out that since this is not an exclusive franchise and if Council did regulate, there would be nothing to keep another company from operating in Baytown. Mr. Bounds concurred. 81214 -9 Minutes of the Regular Meeting - December 14, 1978 Councilman Kloesel stated that he would like to have this proposed ordinance on the agenda. He stated that he could see no reason for regulating Teleprompter. Council decided that this item should be placed on the agenda for January 11. Air. Bounds pointed out that a public hearing must be held, but that a public hearing could be held and an ordinance adopted at the same meeting. Status Report on 1975 Bond Program The Administration was asked at the last Council meeting to report on the status of the 1975 Bond Progarm. On June 26, 1975, Council approved a priority list for implementation AWN of the bond program. A copy of that list was furnished to Council. Mr. Lanham mentioned that this list had been strictly adhered to with the exception of Park Street. This improvement was scheduled for the third year, but because of the Highway Department's plan for Loop 201, construction of Park Street was delayed. Also, under the sanitary sewer improvements, the Central District Rehabilitation has been worked prior to the East District trunk sewer because of numerous cave -ins. The dollar amounts which are underlined on the list have been completed or some progress has been made (construction or planning begun). The Administration will be forwarding reports to Council on the standing of all bond funds as of November. The major projects that have not been completed or on which construction has not begun are: Park Street, the East District Trunk, drainage in the vicinity of Alexander Drive and Ward Road, and the fourth and fifth year parks improvements. There is a total of $2,880,000 in unsold bonds which includes $1,200,000 for streets, $1,000,000 for sanitary sewer, $450,000 for drainage, and $230,000 for parks. Mr. Lanham mentioned that the Administration will not be recommending that the bridge on Park Street be replaced; therefore, the amount shown for that particular project will be substantially less. The Administration will be recommending a 39 -foot street from Pruett to Decker without replacing the bridge. This will provide 2 lanes for moving traffic and a turn lane similar to West Main. Consider Bond Sale In the report on the status of the bond program, Mr. Lanham mentioned that there is $2,880,000 in bonds remaining to be sold. The City's financial advisor, Tom Masterson, felt that the City should move ahead with a bond sale prior to the January 20 election if there would be a need for these funds within the next several months. In Mr. Masterson's opinion, if proposed Charter amendments were approved, there could be a period of several months during which it would be very difficult to sell bonds. However, the addition of Amendment No. 4 to the ballot and the possibility of endorsement of that amendment by the taxpayers puts a new light on the situation. Mr. Bill Blitch, of Underwood, Neuhaus, was present, and he stated that if Amendment No. 4 were to be approved, then the City of Baytown would have no difficulty with a bond sale after January 20. Councilman Cannon asked if Council would be obligated to sell or if Council would have the alternative of rejecting the bids on January 4. Mr. Lanham suggested that perhaps it would be better to postpone receipt of the bids. Councilman 81214 -10 Minutes of the Regular Meeting - December 14, 1978 Cannon felt that if there were a good indication that Amendment No. 4 would be approved, then Council should sell the bonds at a later date. Councilman Kloesel pointed out that until the election is actually held, there would be uncertainty. Mr. Blitch said that upon reviewing the bids, the Council would have a gauge of the market. The financial advisor recommended that Council adopt a 19 -year schedule with estimated interest costs of seven percent (70). The estimated interest costs simply means that the City could expect to receive interest costs within this range. Mr. Lanham pointed out that the engineers had estimated the cost to improve Park Street as described earlier at $635,000. Therefore, if all the bonds are sold, the City will have funds available for petitions paving or some other use designated by Council. Also, there is the possibility that there may be underground utilities that the engineer is unaware of on the Park Street improvement. The Administration recommended that the bond sale be set for January 4 at 5:00, that the bond authorization be given for the preparation of documents, and that the schedule mentioned earlier be adopted. Councilman Cannon moved to accept the recommendation of the Administration; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Johnson, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: Councilman Kloesel Acceptance of Water and Sewer Systems in Timber Ridge Development A memorandum had been left at each Council place which listed items of work remaining to be completed in the Timber Ridge Development. Frequently, with subdivisions being developed within the City, if the developer desires to file a plat and build houses before everything is completed, the developer is allowed to post bond or cashier's check to insure the work will be completed. sir. Walker has been unable to complete the work due to the weather, but he would like for the City to accept the Timber Ridge system. Therefore, the Administration is suggesting that the City accept Timber Ridge water and sewer systems upon the posting of a bond for the amount of $6,770, which is the cost involved in completion of the work. Council was also apprised that the water system does meet the requirement of the state for chlorination, but it does not meet the City's requirements. The chlorination system is hand fed which would require monitoring at least once or twice a day. Therefore, there is a good possibility that at some point in the future, the Administration will be requesting Council approval to install an automatic system at an estimated cost of $2,702. Mr. Walker stated that he had expected the amount of the bond to be less. Mr. Walker stated that his contractor had indicated that $2,500 would be required to rework the sewer line that needs to be relaid. Other items that need to be completed are actually maintenance items. In response to a question from Council, Mr. Lanham explained how the $6,700 bond has been derived. The cost to relay the sewer line was determined by the cost of relaying sewer lines in other subdivisions. This was figured to be $5,450. The cost for 3 valve boxes is $150; cave -in around sewer lift station - $120; correction of sewer problem in the first manhole north of the water line - $1,050. 81214 -11 Minutes of the Regular Meeting - December 14, 1978 Mayor Hutto inquired if Air. Walker deeds to the City the necessary easement to take care of the pipe, will the City then reduce the bond. Mr. Bounds responded that the City could release a part of the bond. lair. Walker was agreeable to put up a bond for $6,700 since the City would be agreeable to a partial release. Councilman Cannon inquired how the question of the chlorinator was raised. When the contract was drawn the requirement was made that when the water system met State Water Department standards, the City would accept the system. The system does meet the state's requirements for private water supply systems; however, the City's requirements are more stringent. Councilman Kloesel moved that the water and sewer system in the Timber Ridge Development be accepted, provided that the proper bond is posted and the necessary easement is obtained; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Ordinance - Authorizing the Execution of a Contract Between the Bay Area Heritage Society and the City for the Re- location of the Old Cedar Bayou Methodist Church The School Board and the Heritage Society have agreed to this contract. However, the School Board has indicated that this area was meant primarily as an open space area and the placement of any other structure will have to be approved by the Board. The Administration recommended approval of the contract. Councilman Kloesel moved for the adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2590 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH THE BAY AREA HERITAGE SOCIETY WITH REGARD TO THE RELOCATION OF THE OLD CEDAR BAYOU METHODIST CHURCH AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing a Contract With Thomas Y. Pickett and Company, Inc. for Industrial Appraisal Service Thomas Y. Pickett and Company, Inc. for several years has conducted appraisal of industries in the area -- public utilities, oil properties, railroads, etc. Last year, the °' contract fee for the City was $15,000. The company is requesting a fee of $17,500 this year. The reason that the contract should be executed now is that much of their work is accomplished in January. The Administration recommended approval of the contract. This company has always performed satisfactorily. Councilman Kloesel asked if the City still shares information with the school district. Glen Erwin, Tax Assessor /Collector, responded that this was strictly a courtesy which was extended before the City contracted with Thomas Y. Pickett. Mr. Lanham pointed out that at that time the industrial district formula was different and since the 81214 -12 Minutes of the Regular Meeting - December 14, 1978 change in that formula, more property is appraised. Since the new contracts have been signed, substantially more work is involved. Councilman Kloesel felt that this work could be done on a joint basis by contracting with the school district which could save money. For this reason, he said that he would be interested in delaying action on this item until the Administration could contact the school district in this regard. Mayor Hutto pointed out that the next regularly scheduled meeting is January 11 and questioned whether there would be sufficient time to allow for negotiation. In response to a question from the Mayor, Air. Erwin stated that he had no way of knowing what Thomas Y. Pickett's reaction would be to a proposal to contract with both the school district and the City of Baytown under a joint contract. Councilman Cannon stated that he felt that Thomas Y. Pickett was probably utilizing information developed for both systems now; therefore, the City would likely not benefit substantially by a joint contract with the school district. Councilman Cannon moved for the adoption of the ordinance; Councilwoman Caffey seconded the motion. Councilwoman Caffey suggested that Council act on this contract, but that the Administration check on the possibility of a joint contract for next year. Mayor Hutto pointed out that it is not an uncommon practice to charge a set amount for services performed, even though two entities may be involved. This company has always performed satisfactorily and will even go to court on the City's behalf in the event of a suit. Mr. LeFevre, Director of Finance, stated that the City had obtained a proposal approximately three years ago which was approximately four times what Thomas Y. Pickett was proposing. The vote follows: Ayes: Council members Johnson, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: Councilman Kloesel ORDINANCE NO. 2591 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH THOMAS Y. PICKETT & COMPANY, INC. FOR INDUSTRIAL APPRAISAL SERVICES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Councilman Johnson explained that he had supported the motion because he was concerned that at present the City does not have a contract with Thomas Y. Pickett. He went on to say that the possibility of a joint agreement with the school district should be considered for next year. Ordinance - Setting the Time and Place for a Public Hearing on the Annexation of C. A. Wright Subdivision This is a small subdivision composed of 24 lots which is located just north of Massey- Tompkins Road. The developer of this subdivision has requested annexation. The ordinance provides for a public hearing on January 11 at 7:00 p.m. The Administration recommended approval. 17 61Z14-1d Minutes of the Regular Meeting - December 14, 1978 Councilman Johnson moved to adopt the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2592 AN ORDINANCE SETTING A DATIE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF C. A. WRIGHT SUBDIVISION BY THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Ordinance - Awarding the Bid for the Purchase of Radio Eauipment For the last 3 - 4 years the practice has been to purchase radio equipment through the Houston - Galveston Area Council, which saves the City from $200 to $300 on mobile radios even though the City must pay 3% to H -GAC to cover their costs. Motorola is low bidder on Items No. 1, 3, 4, and 6. RCA is low bidder on Items No. 2 and 5. For tabulation of bids, see Attachment "A." The Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2593 AN ORDINANCE AUTHORIZING PURCHASE OF RADIO EQUIPMENT; DIRECTING PAYMENT OF THIRTY THOUSAND SEVEN HUNDRED THIRTY -SEVEN AND 26/100 ($30,737.26) DOLLARS TO HOUSTON - GALVESTON AREA COUNCIL; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. The pagers being purchased were for regular firemen to be called out on overtime basis. Councilman Kloesel suggested that the purchase of pagers for volunteer firemen be considered as an alternative to the siren method. Mr. Lanham said that this might be something that Council might want to consider next budget year. Ordinance - Awarding the Bid for the Purchase of Herbicide Application System Two bids were received for the purchase of a herbicide applicator system. For tabulation of bids, see Attachment "B." The low bidder was Simon J. Burg Company for the amount of $5,253. This is the system that attaches to the front of a pickup so that the driver may operate the system. The bids are above estimate, but there is money in the Parks capital budget to make up the difference. The Administra- tion recommended approval of the ordinance. Councilman Johnson moved for the adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 81214 -14 Minutes of the Regular Meeting - December 14, 1978 ORDINANCE NO. 2594 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ACCEPTING THE BID OF SIMON J. BURG COMPANY INC. FOR THE PURCHASE OF A HERBICIDE APPLICATOR SYSTEM AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FIVE THOUSAND TWO HUNDRED FIFTY -THREE AND NO 1100 ($5,253.00) DOLLARS. Ordinance - Authorizing Final Payment on the Municipal Service Center Storage Yard Paving The total on that project is $24,076 which represents an overrun because more asphalt was necessary to complete the project than anticipated. The work is satisfactory and the Administration recommended approval of the ordinance. Councilwoman Caffey moved for adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Kloesel, Johnson, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2595 AN ORDINANCE APPROVING AND ACCEPTING THE PAVING OF THE MUNICIPAL SERVICE CENTER EQUIPMENT STORAGE LOT BY ANGEL'S EQUIPMENT COMPANY; FINDING THAT THE PAVING IS IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID ANGEL'S EQUIPMENT COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding the Bid for the Purchase of Utility Vehicles This bid consisted of two items. First was the purchase of a 3/4 ton pickup truck for the Planning and Traffic Department to be utilized as a bucket truck. Low bid on this item was $5,824.70, submitted by Baytown 1.1otors. The second item was a red station wagon for the Fire Department. The low bidder is Vinson Baytown Dodge for the amount of $5,398.44. For bid tabulation, see Attachment "C." 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 Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2596 AN ORDINANCE APPROVING THE PURCHASE OF UTILITY VEHICLES BY ACCEPTING THE BIDS OF BAYTOWN MOTORS FOR ITEM NO. 1 AND VINSON BAYTOWN DODGE FOR ITEM NO. 2 OF THE CITY OF BAYTOWN BID NO. 7811 -9; AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR EACH ITEM AS SET OUT BELOW. Ordinance - Awarding the Bid for the Sandblasting and Painting of an Elevated Storage Tank Four bids were received for the reconditioning of an elevated storage tank. For bid tabulation, see Attachment "D." The low bid was that of Water Tank Service Company for the amount of $19,998. This is the firm that did the work on the East James Street water tower. The Administration recommended approval of the ordinance. 81214 -15 Minutes of the Regular Meeting - December 14, 1978 Councilman Johnson moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2597 AN ORDINANCE AWARDING THE CONTRACT FOR RECONDITIONING OF AN ELEVATED WATER STORAGE TANK TO WATER TANK SERVICE COMPANY FOR THE SUM OF NINETEEN THOUSAND NINE HUNDRED NINETY -EIGHT AND N01100 ($19,998.00) DOLLARS. Ordinance - Authorizing the City Manager to Make an Offer to Purchase 2.424 Acres of Land This will be discussed in executive session. Review a Summary Report of Transportation Facilities Inventory Conducted by the Office of Transportation Planning, Department of Planning and Traffic, a FHWA 112 Sponsored Project Fred Hays and Greg Black compiled the data for this report. Mr. Hays gave Council a brief summary. He stated that the inventory report fulfills the requirement of Elements 2.2, Transportation Facilities Data, included in the 1978 Unified Work Program between the City of Baytown and the Houston - Galveston Area Regional Council. In the report is a brief summary of the data collected. Such items as street length, right -of -way width, number of lanes, median width, sidewalks, number of curbs, shoulders, surface conditions, traffic volume, accidents, etc. were taken into consideration. A sample of what is defined as major and minor streets was taken, and then the City was divided into 9 sections for analysis purposes. What was determined from the sample was that the majority of the streets in Baytown are either in good or excellent condition. Councilman Kloesel expressed concern with the fact that the report determined that a majority of the streets in Baytown are either in good or excellent condition. Air. Hays re- emphasized that this report was made strictly from a sampling. Resolution No. 653 - Authorizing the Administration to Renew Intergovernmental Agreement with the Houston - Galveston Area Council for Section 112 Transportation Planning Grant The Administration is requesting to renew the Intergovernmental Agreement with the Houston - Galveston Area Council to continue the Planning Program. This grant will cover an eight -month period and will be for the amount of $22,000. No matching funds are required. The Administration recommended approval of this resolution. Councilwoman Caffey moved for the adoption of the resolution; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Johnson, Kloesel, Wilbanks, Caffey, and Cannon D4ayor Hutto Nays: None 81214 -16 Minutes of the Regular Meeting - December 14, 1978 RESOLUTION NO. 653 A RESOLUTION 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. Councilman Kloesel inquired about the retirement program for City employees. Mr. Lanham explained that on January 1, all employees who are eligible will participate in TMRS. The Board of Trustees for the Supplemental System is working to phase that program out. There are a few cases where some special provision must be made. An audit is being performed at the present time. Mr. LeFevre explained that a reserve will be established to protect those who are vested under the supplemental system, but who would not be vested under TMRS. Councilman Kloesel requested that Mr. LeFevre call him when the audit is complete. Hear Report on Watershed for Baytown Area This item will be included on the next regular agenda. Committee Reports None. Unfinished Business None. The open meeting was recessed into executive session to discuss land acquisition. When the open meeting reconvened, Mr. Lanham explained that a copy of Proposed Ordinance No. 81214 -10 was at each Council place and recommended approval of that ordinance, which authorizes the Administration to make an offer to Jim Ball of $6,500 per acre for approximately 2.243 acres of land. Councilman Johnson moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2598 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER ON AND PURCHASE 2.434 ACRES, MORE OR LESS, FROM JIM BALL INTERNATIONAL, INC. OR OTHER PARTIES OF INTEREST; AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF SIX THOUSAND FIVE HUNDRED AND N01100 ($6,500.00) DOLLARS PER ACRE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. There being no further business to be transacted, Councilman Johnson moved for adjournment; Councilman Kloesel seconded the motion. The vote was unanimous to adjourn. Eileen P. Hall City Clerk 81214 -17 Minutes of the Regular Meeting - December 14, 1978 EXHIBIT "A" CITY O F BAYTO WN TITLE: RADIO EQUIPMENT B!D TABULATION BID: HGAC DATE � z -4 -7s ITEM QTY DESCRIPTION R.C.A. MOTOROLA UNIT RrCE EXTENDED uNrT EXTENDED UN1T X ENDED UNIT EXTENDED UNIT EXTENDED 1 4 each MOBILE, 110 Watt, VHF $1,267.0 $5,068.00 1,122.00 $4,488.00 2 1 each HANDIE TALf.IE, 6 lJatt, VHF 1,120.00 1,356.00 3 10 each VOICE PAGERS, VHF � 250.0 2,500.00 198.00 1,980.00 4 16 each MOBILE, 110 lJatt, VHF 1,267.0 20,272.00 1,122.00 17,952.00 5 1 each HANDIE TALKIE, 6 Watt VHF 1,120.00 1,356.00 6 2 each HANDIE TALKIE, 6 Watt, UHF NO BID 1,591.00 3,182.00 NOTE: 3� must be added to cover HGAC expenses w r \AAA TAT A VY'(VJJ 1 V f HL cESS oisc. ;: I'T:.. TOTA L 81214 -19 Minutes of the Regular Meeting - December 14, 1978 EXHIBIT 'B" ("Z t- C;) r �cn o 0o -AC�O rnn r t,J1 N W 0 0 c W . a �°l- CLI vi N W 0 0 r fD 9 o � x 2 n. m Cl) o v (" 1� m C2 U) M < r DO m o � ~ 3 T N z N m 3 �°l- CLI vi N W 0 0 00 W 0 zo 4- z 81214 -20 m J n 7D D i m D D -n Cl o � —! O Q1 C � rD D -< � O O � o � 2 n. 00 W 0 zo 4- z 81214 -20 m J n 7D D i m D D -n Cl o � —! O Q1 C � rD D -< � O O � 81214 -21 Minutes of the Regular Meeting - December 14, 1978 EXHIBIT "C" T1TL E� UTILITY VEHICLES ' N B 1 D• 7R „ -� -- �' DATE IJOVEt.'BER 28, 1978 CITY OF BAYTOI�/N B1 D TABULATION N r-i ITEM QTY DESCRIPTION � BuN° EXTENDED UNST EXTENOEDi UNIT xrENDED UN1T EX7ENDE0 UNIT EXTENDED ', R ir� 1 1 each PICKUP TRUCK, 3/4 TON, LONG, WIDE 8 FOOT BID, T'LELTSIDE STYLE, COLOR WHITE. $5,824.70 NO BID $5 >895.00 $5,997.0!* Aiake &Model GMC TC 2 903 Chevro t C -20 Ford F -2 0 II 1 each STATION WAGON, 4 door, COLOR RID $5,603.90 $5,398.44 $5,600.00 $5,666.85 Make &Model Pontiac ;Lemans Dodge A en Chevrol t Malibu Ford Fa rmont DELIVERY A.R.O. 90 days1 � 60 -90 d�ys � 90 days � � 45 days . CROSS ToTA � . LESS O1SC. . � ! �'T TOTAL .;: � . ��LIVERY �� ' ' 1 I 1 .. .� � .` �. t' 81214 -23 Minutes of the Regular Meeting - December 14, 1978 EXHIBIT "D" TITLE: RECONDITION ELEVATED WATER STORAGE TANK `" BID 7s1z -11 N 1 �' DATE December 13. 1978 �. ITEMI QTY � DESCRIPTION RECONDITION ELEVATED 1JATER ', STORAGE TANK 1. 1 lot Repairing, Sandblasting and Painting, lJest Main Elevated Water Storage Tank 2. 1 lot Lettering Elevated Water Storage Tank COMPLETION TIME A.R.O. GROSS TOTA L .;LESS DISC. ` 'F.T, �TOTi4 L ��� ., �L'' tVERY � ; ��;. CITY OF BAYTOWN B1D TABULATION MID SOUT TANK CO DEA UNIT EXTENDED UNIT EXTENDED UNI None Gi 1. 519,998.00 No Charge 45 days 523,350.00 700.00 g0 days 23,000.00 1,500.00 UNIT EXTENDED UNIT EXTENDED None Gi S24,000.o0 250.00 Slp,g98.00 524,o5a.o0 $2� +,Soo.oO � 524,250.00 .:;.