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1979 02 08 CC Minutes90208 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 8, 1979 The City Council of the City of Baytown, Texas, met in regular session Thursday, February 8, 1979, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Jimmy Johnson Ted Kloesel Mary E. Wilbanks Eileen Caffey Allen Cannon Emmett 0. Hutto Fritz Lanham Dan Savage Scott Bounds Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Mayor Hutto called the meeting to order and the invocation was offered by Councilwoman Mary E. Wilbanks. Minutes Councilwoman Wilbanks moved for the approval of the minutes of the regular meeting of January 25, 1979, 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, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Receive Petitions None. City Manager's Report Entex - Council received a copy of a letter from Mr. Howard Bell, Vice - President of Entex. In his letter, Mr. Bell indicated that due to the change in the cost of gas to Entex, the rates charged to their customers will be 21.531 cents per hundred cubic feet. This adjustment will become effective with bills rendered on or after February 5, 1979. The present cost of 6,000 cubic feet of gas is $22.82. After the adjustment, the cost will be $23.81. That is an increase of $.99. This does not require any action by Council. The present ordinance provides that Entex may make these increases every six months. Boards and Commissions - Council has received a small booklet with the current board and commission members listed and their duties. This booklet was prepared by the City Clerk. Garbage Bags - Mr. Lanham reported that during the first year of operation, the City sold 9,807 boxes of plastic garbage bags; each box contains 50 bags. The bags are available at all of the fire stations, the library, the Community Building, the Municipal Service Center and City Hall. 90208 -2 Minutes of the Regular Meeting - February 8, 1979 In response to a question from Council, Mr. Lanham commented that the reason citizens are only allowed to purchase 3 boxes of the bags at one time is because this is a policy that was established in the beginning due to fear of possible bulk purchases for resale purposes. Council expressed opinions that departments selling the bags could use discretion as to the number of boxes to sell. Seminar for City Officials - Council has received a notice of the Legislative Seminar for City Officials to be held on Monday, February 12, 1979, in Austin. Construction Contractors - The construction contractors working on City projects have not been able to make much progress within the past 2 weeks due to poor weather conditions. Street Rebuilding Program - The contractor was in the process of laying asphalt on Pin Oak Drive today and paving work still remains on Third Street. Sliplining - The contractor was able to install 670 feet of 5 -inch pipe. Airport Development - The Administration asked that the Council have a work session on February 15, 1979, at 5:30 p.m. regarding airport development. The report developed by the engineers has been forwarded to the FAA and it will be necessary for the Council to make a decision within the next few weeks. Questions or Comments Regarding the City Manager's Report Councilman Johnson commented that the residents on Narcille Street have been experiencing severe problems with their sewer lines. Mr. Lanham responded that temporary measures have been taken to provide relief, and the City is now in the process of digging a portion of the line up in order to remedy the situation. Councilman Cannon stated that the railroad crossing on Market Street where work has been done still has a rough surface. Mr. Lanham explained that the railroad company is going to furnish the necessary materials and City forces will do the asphalt work. Councilman Kloesel expressed concern about the potholes throughout the City and inquired when will the program to make repairs be accelerated? Mr. Lanham responded that 3 crews will be working on an overtime basis beginning Friday to make the needed repairs. Councilman Johnson inquired about the bad chuckholes on North Pruett between Park Street and Schilling Street. Mr. Lanham responded that the Administration considered putting North Pruett on the paving program for quite some time, but the Highway Department will rip up the road when work in begun on Spur 201. The contract on the next phase of Spur 201 has been awarded. Councilman Johnson commented that he has received a few calls regarding the closing of Edison Courts and asked that an item be placed on the agenda for the next meeting in order for Council to have an update as to the involvement of the City of Baytown in the activities provided at Edison Courts. Councilman Johnson explained that from what he has heard, the activities provided at Edison Courts are good for the participants and he would not like to see this service cut. 90208 -3 Minutes of the Regular Meeting - February 8, 1979 Councilman Lander commented that he believed the Administrator at Edison Courts is going to contact the Administration to make a request to appear before the Council. Councilman Kloesel commented on his reason for requesting the report on the Baytown area watershed. He stated that he was concerned about possible contamination of the City's underground water supply. The report did not completely addesss itself to that aspect. Therefore, he requested that the Public Works Department or Engineering Department have someone that is fairly knowledgeable in this regard to discuss this matter with Council. Mr. Lanham commented that he will check with the Public Works Department and the Engineering Department in this regard. In response to a question from Councilman Kloesel, Police Chief R. H. "Bo" Turner explained that when a wrecker is hooked to a vehicle, the wrecker owner /operator is entitled to a fee for said service. Councilman Kloesel commented that he would like an item to be placed on the next agenda to reconsider the appointment made to the Electrical Board at the last Council meeting because the gentleman that was taken off the Board had only served a one -year term. Councilman Johnson suggested that the Administration speak with the different departments of the City to make all employees aware of energy conservation. Ordinance - Approving an Agreement with the Baytown Nutrition Center for Senior Citizens' Program At the January 25, 1979 Council meeting, representatives of the Baytown Nutrition Center appeared before Council to request supplemental funds to continue operating the Center at the same level of services provided in 1978. Representatives of the Nutrition Center have requested that the City provide $4,000 in funding to supplement their budget during the 1979 calendar year. These funds would be used to supplement staff salaries, and provide for recreational and transportation services. The proposed ordinance would authorize the City to enter into a contract with the First Presbyterian Church to provide supplemental funding to maintain the Nutrition Center at its 1978 level. The contract provides that the $4,000 would be paid in quarterly installments. The Administration recommended approval of the ordinance. Councilwoman Caffey moved for adoption of the ordinance; Councilman Johnson seconded the motion. Councilman Kloesel asked that the Council receive a report from the Baytown Nutrition Center in this regard. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2617 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH THE FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK WITH REGARD TO THE SUPPORT OF THE BAYTOWN SENIOR CITIZENS' NUTRITION CENTER; AUTHORIZING PAYMENT BY THE CITY OF FOUR THOUSAND AND N01100 ($4,000.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. 90208 -4 Minutes of the Regular Meeting - February 8, 1979 Resolution No. 661 - Approving the Transfer of Funds to Fund a portion of the Baytown Nutrition Center's Operation The proposed resolution authorizes the transfer of $4,000 from the General Fund Contingency Account to the City Council budget to provide supplemental funding for the operation of the Nutrition Center. The Administration recommended approval of the ordinance. Councilman Kloesel moved for the adoption of the resolution; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None RESOLUTION NO. 661 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FOUR THOUSAND AND N01100 ($4,000.00) DOLLARS FROM THE GENERAL FUND ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO GENERAL FUND ACCOUNT NO. 0101 -07 -0201, NUTRITION CENTER. Ordinance - Establishing a Citizens' Committee on Community Development The City has been designated as an entitlement city for the 1979 Community Development Program administered by the Department of Housing and Urban Development. One of the conditions for participation in this program is the establishment of a citizens' advisory committee. The proposed committee is structured in accordance with HUD guidelines. The committee would include 12 appointees. All appointees would have to be citizens of Baytown. At least 8 of those appointees would have to meet low or moderate income guidelines. The minority representation on the committee must be proportionately as great as the minority representation in the total population of the city. Terms of office of the members will be 3 years, except that 4 initial appointees will serve 1 -year terms, 4 will serve 3 -year terms and 4 will serve 2 -year terms. All terms will expire on January 1. All members shall be subject to removal by the Council for cause. The duties of the committee include advising the Council on Community Development matters and conducting public hearings to inform the public about proposed Community Development projects. The committee shall report and make recommendations to City Council as to the status and other matters pertaining to the Community Development Block Grant Program. Mr. Lanham pointed out that it is important that this committee be appointed as soon as possible because the committee will need to start having public hearings no later than the first part of March in order for the City of Baytown to meet the deadline of preparing a report for HUD by April 27. The Administration recommended approval of the ordinance. Councilman Kloesel felt that the Council needs to include geographical representation in the ordinance to insure that one citizen from each of the Council districts be on the committee. In response to a question from Councilwoman Wilbanks, City Attorney Bounds explained that this addition could be added to Paragraph 2 of Section 2 -59, because the minority groups will be represented in proportion to city -wide percentage representation which is independent of the low and moderate income requirement. 90208 -5 Minutes of the Regular Meeting - February 8, 1979 Councilman Kloesel moved that the ordinance be adopted and that in Section 2 -59, Paragraph 2 be included the wording that the board shall consist of at least one member from each of the 6 Council districts; Councilwoman Wilbanks seconded the motion. Councilman Lander inquired who will be the Community Development Director? Mr. Lanham responded that Bill Cornelius, Director of Planning and Traffic, is acting in that capacity, but the grant application will include funds for the salary of a director. That will be the Administrations's recommendation to Council. Mr. Lanham commented that there will be a lot of work involved in this and further explained that once the City obtains the grant, the director's salary can be paid out of those funds. This will be a 100% grant. In response to a question from Councilwoman Wilbanks, Mr. Cornelius explained that the participation plan specifies that the Citizens' Advisory Committee will only function as long as there are Community Development Block Grant funds. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2618 AN ORDINANCE CREATING A COMMUNITY DEVELOPMENT ADVISORY COMMITTEE; DEFINING ITS POWERS AND DUTIES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO. Ordinance - Establishing an Affirmative Action Program Relating Exclusively to Projects Funded by the Community Development Block Grant Program A second requirement for participation in the Community Development Block Grant Program is the establishment of an affirmative action program relating exclusively to projects funded by the Community Development funds. It provides that the City will become a compliance office and requires that all contractors bidding on Community Development work submit affirmative action plans which will insure that minority contractors from the target areas and the City have an opportunity to participate in the work, and that contractors provide minorities work opportunities. If there are no contractors that meet these requirements, then other contractors may be employed. Councilman Kloesel moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2619 AN ORDINANCE ESTABLISHING AN AFFIRMATIVE ACTION PROGRAM RELATING EXCLUSIVELY TO PROJECTS FUNDED BY THE COMMUNITY DEVELOPMENT PROGRAM. Ordinance - Prohibiting Discriminatory Housing Practices A third requirement for participation in the Community Development Block Grant Program is the passage of a fair housing ordinance which prohibits discriminatory housing practices. It makes discriminatory housing practices associated • 1 1 Minutes of the Regular Meeting - February 8, 1979 with the selling, renting, or financing of housing a municipal offense, and it requires the City to serve in an advisory capacity for those who wish to file discrimination cases involving housing practices. Mr. Lanham pointed out that most requirements of the ordinance are now requirements of the federal government. In response to a question from Councilman Cannon, Mr. Bounds explained that the wording and offenses created in the ordinance are identical to the existing federal offenses. The only thing that this ordinance does is to provide a local forum for a local person to pursue his grievances. Mr. Bounds further commented that the City will primarily be in an advisory role in how to get to the appropriate forum. Also, as in all other Municipal Court cases, the City Attorney would be the state's prosecutor. Councilman Cannon stated that by passage of the proposed ordinance Council would be interfering with free enterprise. He inquired if Baytown would be ineligible for the funds if Council did not pass the proposed ordinance. Mr. Bounds responded that this ordinance is a requirement as set forth in the guidelines. Councilman Kloesel moved for adoption of the ordinance; Councilman Lander seconded the motion. Councilman Lander stated that he, too, is not in favor of Council interfering with free enterprise, but if the City does not pass this ordinance, the City will lose several million dollars. Councilman Lander added that this is a problem in federal funding. He suggested that a long range solution to this problem would be to act through our Congressman to pass legislation to provide for participation on a local option basis. Mr. Lanham stated that the one -plus factor involved is that the ordinance provides that the City will attempt to conciliate any dispute at the local level which is not provided in the existing procedure. Councilman Kloesel stated that he had spoken with the City Attorney regarding the standard of housing in Baytown. Councilman Kloesel expressed the feeling that Baytown has sufficient ordinances to control substandard housing if enforced, and he expressed concern that substandard housing could be a severe problem of the future. Councilwoman Wilbanks commented that this ordinance would address itself to the procedure of purchasing or leasing and not housing standards. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, and Caffey Mayor Hutto Nays: Councilman Cannon ORDINANCE NO. 2620 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN DECLARING THE POLICY OF THE CITY TO BE IN FURTHERANCE OF THE RIGHT OF EACH INDIVIDUAL TO PROVIDE HIMSELF AND HIS FAMILY A DWELLING, INCLUDING FINANCING THEREOF, WITHOUT REGARD TO RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, OR SOURCE OF INCOME; DEFINING TERMS; ADOPTING REGULATIONS CONCERNING FINANCING OF DWELLING; PROVIDING REGULATIONS CONCERNING BROKERAGE SERVICES; PROVIDING CERTAIN EXEMPTIONS AND EXCLUSIONS; SETTING UP A PROCEDURE FOR THE HANDLING OF COMPLAINTS; OUTLINING THE DUTIES OF THE CITY ATTORNEY AND THE AUTHORITY OF THE ADMINISTRATOR; FORBIDDING INTIMIDATION; CONTAINING A SEVERANCE CLAUSE; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION THEREOF. 90208 -7 Minutes of the Regular Meeting - February 8, 1979 Ordinance - Authorizing a Change Order to the Contract for Construction of the Police Radio Maintenance Building This change order would change the contract for construction of the Police radio maintenance building from 5 -sack to Q- sack concrete. This comes about as a result of a mistake on the part of the contractor or his supplier. During the time the slab was being poured, it was discovered that the concrete being placed there was Q -sack concrete rather than 5 -sack concrete as was required in the specifications. If Council were to insist on 5 -sack concrete, the contractor would have to break out the concrete that was poured and start over. There is only $117 difference in the costs. The Adminis- tration has no doubt that this was just a mistake and there was no intent on anybody's part to substitute. Councilman Johnson inquired if 41 -sack concrete is good construction. Norman Dykes, City Engineer and Director of Public Works, commented that it is sufficient to hold up the heaviest truck utilized by the City- -the Fire Department ladder truck. Councilman Johnson inquired if the City were to place the fire truck in the building and the slab began to crack, who would be responsible? Mr. Lanham responded that if it was within a year, the contractor would be responsible. Councilman Kloesel felt that Council, by authorization of the change order, would be releasing the contractor from any liability, and that a problem with design could arise from the change to 4J -sack concrete. In response to a question from Council, Mr. Bounds explained that the contractor is responsible for being sure regardless of design or plans given to him. Mr. Bounds felt that the contractor would be liable regardless of whether Council authorizes this change order or not. Councilman Cannon felt that a warranty from the contractor should be required, and he stated further that the 5 -sack concrete was specified in the beginning for a purpose. Councilman Kloesel moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, and Caffey Mayor Hutto Nays: Councilman Cannon ORDINANCE NO. 2621 AN ORDINANCE AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH CHATHAM CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE RADIO MAINTENANCE BUILDING AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Approving an Agreement for Mutual Aid Law Enforcement with Other Cities The proposed ordinance approves a mutual aid agreement with other law enforcement agencies in the Houston metropolitan area. Under the terms of this agreement, the City will provide disaster and emergency police assistance to other agencies in time of need, and in the event of such need in Baytown, the City will be able to call on other agencies to provide similar similar assistance. Under the terms of this ordinance, the City will be required to provide Workmen's Compensation coverage for its employees even though they might be injured in another jurisdiction. An employee of another agency working in Baytown on an emergency assignment 1 1 ' Minutes of the Regular Meeting - February 8, 1979 will be covered by his employer's Workmen's Compensation insurance. This agreement is similar to others that the City of Baytown has adopted. The Administration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2622 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO AN AGREEMENT FOR MUTUAL AID LAW ENFORCEMENT WITH THE CITIES OF ALVIN, BELLAIRE, BUNKER HILL VILLAGE, DEER PARK, EL LAGO, FRIENDSWOOD, GALENA PARK, GALVESTON, HOUSTON, HUNTER'S CREEK VILLAGE, JACINTO CITY, JERSEY VILLAGE, KATY, LA PORTE, LOMAX, MISSOURI CITY, MORGAN'S POINT, NASSAU BAY, PASADENA, PINEY POINT VILLAGE, SEABROOK, SHOREACRES, SOUTH HOUSTON, SOUTHSIDE PLACE, SPRING VALLEY, STAFFORD, TAYLOR LAKE VILLAGE, TOMBALL, WEBSTER, AND WEST UNIVERSITY PLACE AND THE COUNTIES OF HARRIS AND GALVESTON PURSUANT TO ARTICLE 999b, TEX.REV.CIV.STAT.ANN.; MAKING CERTAIN FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Ordinance - Awarding the Bid for the Purchase of a Heat Lamp Vacuum Applicator One bid was received for the purchase of a heat lamp vacuum applicator for the Planning and Traffic Department. The bid tabulation is attached to the minutes as Attachment "A." This device seals decals on sign material. Three M Company submitted the only bid in the amount of $2,695. Three thousand dollars had been budgeted for this equipment. The Administration recommended approval of the ordinance. Councilman Kloesel moved for the adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2623 AN ORDINANCE ACCEPTING THE BID OF MINNESOTA MINING & MANUFACTURING COMPANY FOR THE PURCHASE OF ONE HEAT LAMP VACUUM APPLICATOR AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWO THOUSAND SIX HUNDRED NINETY -FIVE AND N01100 ($2,695.00) DOLLARS. Ordinance - Awarding the Bid for the Purchase of Aerial Lift Two bids were received for the purchase of an aerial lift bucket for the Planning and Traffic Department. The bid tabulation is attached to the minutes as Attachment "B." The low bid was submitted by Mosher Doors, Inc. in the amount of $6,064. This lift will be purchased with budgeted funds and mounted on a truck that has already been purchased. The Administration recommended approval of the ordinance. Councilman Kloesel moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Wilbanks, Caffey Mayor Hutto Nays: None Lander, Johnson, Kloesel, . and Cannon 90208 -9 Minutes of the Regular Meeting - February 8, 1979 ORDINANCE NO. 2624 AN ORDINANCE ACCEPTING THE BID OF MOSHER DOORS, INC. FOR THE PURCHASE OF ONE AERIAL LIFT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF SIX THOUSAND SIXTY -FOUR AND N01100 ($6,064.00) DOLLARS. Ordinance - Awarding the Bid for the Annual Tire and Tube Contract Four bids were received for the purchase of tires and tubes for various City departments. The bid tabulation is attached to the minutes as Attachment "C." General Tire Service of Houston submitted the low bid on the majority of the tires. General Tire is located in Houston, and the bid prices include the delivery to City of Baytown work sites. B. F. Goodrich Co. and City Tire Service of Baytown were low bidders on the remainder of the tires and tubes. The Administration recommended the low bid meeting specifications in each case. Councilman Kloesel moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2625 AN ORDINANCE APPROVING THE PURCHASE OF TIRES AND TUBES BY ACCEPTING THE BIDS OF GENERAL TIRE SERVICE FOR ITEM NOS. 1 - 13 and 15 - 19; AND CITY TIRE SERVICE FOR ITEM NOS. 14 AND 20 - 22 OF THE CITY OF BAYTOWN BID NO. 791 -25, TIRES; BY ACCEPTING THE BIDS OF GENERAL TIRE SERVICE FOR ITEM NOS. 7 - 10, 14, 15, 18, 21, AND 22, AND B. F. GOODRICH FOR ITEM NO. 4 - 6, 11 - 13, 16, 17, 19, AND 20 OF THE CITY OF BAYTOWN BID NO. 791 -25, TUBES; AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR EACH ITEM AS SET OUT BELOW. Ordinance - Authorizing Renewal of Vacant Lot Mowing Contract Council received a copy of a letter from S. V. Robberson requesting that the City renew the contract with him for mowing of vacant lots during the 1979 year. The term of last year's contract provided that Mr. Robberson would be paid a minimum of $9.00 per lot, or $10.00 per hour, and a sum not to exceed $3,400 unless the City requested him to do additional work. Mr. Robberson has agreed that the contract be renewed under these same terms. Mr. Robberson has performed this work satisfactorily; therefore, the Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2626 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT FOR MOWING SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Resolution No. 662 - Requesting that the Texas Legislature Amend State Law to Allow a City to Change Its Charter Every Year Councilman Kloesel requested that a resolution be drafted and placed on the agenda asking the State Legislature 90208 -10 Minutes of the Regular Meeting - February 8, 1979 to amend the state law to allow cities to change their Charters annually. Under the present state law, the Charter may be changed no sooner than 2 years after it was last changed. Councilman Kloesel explained that he asked that this item be placed on the agenda because it is quite possible that within a year, the Council may want to make some changes to the Charter. Other cities might be interested in an amendment to the state law to allow a city to change its charter annually. Councilman Kloesel moved for adoption of the resolution; Councilman Johnson seconded the motion. In response to a question from Councilwoman Caffey, Councilman Kloesel explained that his main concerns are the recent Charter amendments. Those amendments may need to be changed next year. He stated that his particular interest is the annual appraisal of all property, but there may be other changes that might be necessary within the year. Councilman Cannon stated that he foresees no problem with waiting 2 years to change the Charter. Councilman Kloesel pointed out that sometimes changes are necessary and he would like to be in a position to make changes if it were to become necessary during the 2 -year period. Mr. Lanham explained that there are some things that the Charter provides for that would be very difficult to change in a one -year period such as budget procedures or tax policies. The vote follows: Ayes: Council members Johnson and Kloesel Nays: Council members Wilbanks, Caffey, and Cannon Abstained: Councilman Lander Resolution No. 662 - Recommending Award of Bid for 1977 Community Development Program The Harris County Community Development Agency has taken bids on the 1977 Community Development Program for Baytown. The Harris County Commissioner's Court actually awards the contract on this project but the Court requests a recommendation from the City Council. This is for the work utilizing Community Development Funds which are funded through the county. The low bidder is R. T. Bishop Construction Co., Inc. of Baytown, with a base bid in the amount of $419,060.89. This recommendation does not include Alternate No. 1, which would have provided for the rebuilding of Chesapeake Street. Cost of this alternate is $88,227.34. The Administration's estimate on the rebuilding was $45,000. The HUD inspector had also questioned whether this street should be included since there are some very nice homes on this street which raises the question whether this area is low or moderate income. The Administration recommended that the Council recommend to the Commissioner's Court that the contract be awarded to R. T. Bishop Company, Inc. for the base bid. Councilman Johnson moved for adoption of the resolution; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None RESOLUTION NO. 662 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RECOMMENDING THAT THE HARRIS COUNTY COMMISSIONER'S COURT ACCEPT THE BID OF R.T. BISHOP CONSTRUCTION CO., INC. FOR THE CONSTRUCTION OF THE 1977 COMMUNITY DEVELOPMENT PROGRAM. 90208 -11 Minutes of the Regular Meeting - February 8, 1979 Consider Approval of the Plans and Specifications for the 1979 Street Improvement Program and Authorization to Advertise for Bids The streets that Council approved for the 1979 Street Improvement Program were Kilgore Road, Bob Smith Road, New Mexico Street, Leavins Street, South Seventh, Lazy Lane, Cedar Bayou Road, and a sidewalk on Kilgore Road. Norman Dykes reviewed the plans and specifications for the Street Improvement Program. Mr. Dykes explained that most of the streets will be reconstructed. The definition of reconstruction is this case is tearing up the existing pavement surface and base, and cement stabilizing to a depth of 8 inches, then topping the surface with 1A inches of hot mix overlay. That will be done to Kilgore, New Mexico, Leavins, South Seventh, Lazy Lane, and Cedar Bayou, with the exception of that section of Cedar Bayou between SH 146 and Kilgore. There will be a 4 -foot wide sidewalk along Kilgore Road from Mockingbird Lane to Cedar Bayou Junior School on the west side. Bob Smith Road will be improved to a depth of 10 inches - -3 inches of limestone rock will be added to the existing material and then all of that will be cement stabilized and topped with 12 inches of hot mix overlay. The total projection cost for this project at the present time is $440,860.10. Included in this cost projection are new curbs and gutters on both sides of New Mexico. South Seventh will have a few curbs and gutters installed. Manholes will be adjusted, valve boxes will be raised, etc. In several instances, driveway approaches will be reworked, along with valley gutters. In response to a question from Councilman Cannon, Mr. Dykes explained that the original projection of $416,000 did not include some of the extras that will be required, plus the map scales were off which meant that the projects will be longer than originally anticipated. Mr. Dykes explained that the Administration would like to receive bids on the 1979 Street Improvement Program on March 6, 1979, at 9 :30 a.m. Councilman Cannon moved for the approval of plans and specifications for the 1979 Street Improvement Program and authorization to advertise for bids; Councilwoman Wilbanks seconded the motion. Councilman Cannon inquired if it is normal bid procedure to charge $100 per day delay charge. Mr. Lanham responded that it is standard in construction contracts of this nature. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Consider Accepting Transfer of Ownership of Two Traffic Signals from Harris County Council received a copy of a letter from Richard P. Doss, County Engineer, regarding the transfer of ownership and responsibility for 2 traffic signals on Park Street from Harris County to the City of Baytown. There is a flashing yellow signal on Park Street at Bayway Drive and a stop and go signal at the intersection of Park Street and the railroad tracks within the Exxon refinery. If the City accepts ownership of these signals, the stop and go signal will have to be upgraded to meet the standards set in the Manual on Uniform Traffic Control Devices by June 30, 1980. The estimated cost of this signal work is between $15,000 and $20,000. The flashing yellow light at the Bayway /Park intersection will probably be replaced when Bayway Drive is 90208 -12 Minutes of the Regular Meeting - February 8, 1979 improved. The Administration suggested that the City communi- cate with the county and indicate that the City would like them to bring the signals up to standard, then the Council will consider accepting the signals. Councilman Kloesel moved that Council accept the traffic signals and negotiate with the county to bring them up to standard. Councilman Lander stated that once the City annexes the property, it should be the City's responsibility to bring the lights up to standard. Mr. Lanham explained that according to the City Attorney, legally the county does not have a responsibility to maintain streets or signals once annexed by the City. Councilman Cannon expressed his hesitancy to spend $20,000 to bring the light located within the Exxon refinery up to standard when that light is serving private property. He felt that Council should try to negotiate with the county to bring this light up to standard. Bill Cornelius, Director of Planning and Traffic, in response to a question from Councilman Johnson, stated that the flow of traffic at the Bayway /Park intersection warrants a full traffic signal. Mr. Lanham remarked that the Administration is going to try to get the state to install that signal as part of the reconstruction project on Bayway. Mayor Hutto felt that the signal at the railroad tracks and Park Street is needed during the daytime hours, but felt that during the night -time hours and on weekends, a flashing light would be sufficient. Councilman Kloesel suggested that the Council's Traffic Committee review the existing traffic signals in Baytown and make recommendations to Council as to the signals that could be eliminated. Councilman Lander seconded Councilman Kloesel's motion. The vote follows: Ayes: Council members Mayor Hutto Nays: Council members Lander, Johnson, and Kloesel Wilbanks, Caffey, and Cannon Consider Granting Permission to Elks Lodge to Use a Portion of City Easement The Administration was not prepared to act on this item. Consider Selling a Portion of City Easement Located Off South Main to Fuller Tire Company Representatives of Fuller Tire Company have approached the City about purchasing a portion of the City easement located at 913 South Main. An alley at this address bisects the Fuller Tire Company. The alley is 12 feet wide. There is an alley located between Graham and Miriam Street that ties into that alley. Mr. Vern Fuller owns Lots 6, 5, 4, and 3 coming from Miriam Street and also owns the lot facing Miriam Street. Mr. Fuller is proposing to place a metal building along the back property line of Lots 3 and 4. The inside of the building would be approximately 8 feet from the South Main Street right -of -way. He would like to move that building back, and in order to do so, he needs to acquire additional property from the City. Mr. Bounds explained that since Mr. Fuller owns the property facing 90208 -13 Minutes of the Regular Meeting - February 8, 1979 Miriam Street and the City has an established policy by Resolution No. 557 for selling property, an ordinance had been prepared that would authorize selling all or part of that alley between lots 3, 4, 5, and 6 and the portion of alley behind the property facing Miriam Street at a price of 380 per square foot. This is contingent upon approval of the utility companies and contingent upon the City retaining proper easement for the utility lines that presently run down the alley. Councilman Cannon commented that he would be interested in selling the alley, but to retain an easement if it would be needed. Mr. Bounds commented that he did not have a price for Mr. Fuller on the 2 -foot strip or on the whole alley. If Mr. Fuller is interested in the 2 -foot strip, the approximate cost would be $121 and for the entire alley, the approximate cost would be $640. The ordinance would authroize selling all or part of that alley between his property facing Miriam Street and the property facing South Main on a square foot basis. Mr. Fuller commented that Lots 2 & 3 are the lots where he would like to build. Mr. Lanham commented that since he wanted to purchase Lot 2 also, the City will only be able to make available the 2 -foot strip because he felt that if the entire alley is closed, it will produce problems. Mr. Fuller stated that he really needs the 2 -foot strip. Mr. Lanham responded that the proposed ordinance would make provisions for selling the 2 -foot or additional footage. Mr. Lanham commented that based on what was just said, he felt that the entire alley should not be closed. Councilman Kloesel moved that Air. Fuller be allowed to purchase a 2 -foot strip behind Lots 2 and 3 and the entire section of alley behind Lots 4, 5, and 6; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2627 AN ORDINANCE AUTHORIZING ABANDONMENT AND CONVEYANCE OF A PORTION OF CITY PROPERTY ADJACENT TO LOTS 2, 3, 4, 5, AND 6, BLOCK 2, LAMAR COURTS SUBDIVISION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO. Consider Appointment to the Mobile Home Review Board This item will be discussed in executive session. Consider Appointment to the Planning Commission This item will be discussed in executive session. Consider Appointments to the Community Development Citizens' Committee This item will be discussed in executive session. Committee Reports None. 90208 -14 Minutes of the Regular Meeting - February 8, 1979 Unfinished Business Councilman Johnson commented that he read in the paper where 2 police vehicles had been wrecked and inquired if there are still the same number of cars on the street. Chief Turner explained that the Police Department has doubled up on pooled cars. Councilman Kloesel moved that the appointments to the Mobile Home Review Board and the Planning Commission be done in public and the appointments to the Community Development Citizens' Committee be done at the next Council meeting. He felt that these appointments need to be made publicly. Mayor Hutto asked that the Administration research the Open Meetings Law. He commented that he felt that there is a need to make the Council and the citizens aware of what the act provides. Mr. Bounds stated that he has a standard memorandum on the Open Meetings Act available and that he would be glad to help explain it to anyone who may be interested. Councilman Lander commented that Council has been briefed before on the Open Meetings Law and it is his understanding that this is not in violation of the law. Appointments to committees and boards are considered personnel matters. Council does consider personnel, and from time to time, matters may be brought out that may be embarrassing to some candidates. Councilman Kloesel's motion died for lack of a second. Recess and Reconvene Mayor Hutto recessed the open meeting into executive session to discuss personnel matters. When the open meeting reconvened, the following business was transacted: Consider Appointment to the Mobile Home Review Board. No action taken. Consider Appointment to the Planning Commission Richard King has resigned his position of realtor on the Planning Commission. Councilman Kloesel moved that Charley Walker be appointed to the Planning Commission to fill the vacancy; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Johnson, Kloesel, Wilbanks, Caffey, and Cannon Mayor Hutto Nays: None Adjourn With no further business to be transacted, Councilman Kloesel moved for adjournment; Councilman Johnson seconded the motion. The vote was unanimous to adjourn. Karen Petru, Deputy City Clerk APPROVED: 1 Eileen P. Hall City Clerk 90208 -15 Minutes of the Regular Meeting - February 8, 1979 ATTACHMENT "A" 90208 -16 O CO --i D 'ZDr co x — m C2 > � z v o r to D X v v ©m;� I N *k N o a � -a 0 � a rD o i a m -i w �v n no Co r c N 0 i/? 3 D W al er X moo rn O O 3 D rm- A n r •• n � D � ©m;� I N *k N o a � -a 0 ©m;� I N *k N O C 0 D O rD o i sJ � O J no N 0 i/? N W al O O ©m;� I rD � O �z ©m;� I 90208 -17 Minutes of the Regular Meeting - February 8, 1979 ATTACHMENT "Bet TITLES AERIAL LIFT BID- X92 -2s 1 DATES 2 -5 -79 - 9:30 a.m. o N O O CITY OF BAYTDWN BID TABULATION ITEM QTY DESCRIPTION MOSHER D urvrr EXTENDED RICE UNIT EX EN ED UNIT XTENDED UNIT EXTENDED urvrr EXTENDED 1. 1 AERIAL LIFT $6,064.00 $7,527.00 . MAKE & MODEL: Laddie -Lift Dur-A -Li t -PT -27 DELIVERY: 10 days 31 -38 da s GROSS TOTAL LESS DISC. N E TOTAL , 90208 -19 Minutes of the Regular Meeting - February 8, 1979 ATTACHMENT "C" TITLE: ANNUAL TIRE AND TUBE CONTRACT BID: 79.1 -2s DATE January 29, 1979 - 9:30 a.m. 0 N 1 N O CITY OF BAYTOWN B1D TABULATION VITVJJ f V 1 HL. LESS DISC. . • N�'T TOTA L D'.IVERY UNIT EXTENDED ITEM QTY DESCRIPTION � NC EXTENDED UNIT • EXTENDED UNIT XT ND D UNIT EXTENDED ,� 54 c78 x 15LTD TUBES 4.63 250.02 S 3.70 S 199.80 NO BID S 3.94 3.94 S 212.76 59.10 5, 15 ea. K78 x 15 LTD 5.56 5.56 83.40 278.00 3.77 3.77 X55 1 .50 - 3.94 197.00 6. 7, 50 ea. 32 ea. L78 x i5 7.50 x 16 5.80 185.00 5.92 1 9. 6.91 221.12 67.56 5 8. 10 ea. 8.00 x 16.5 .50 9.30 5.99 b.07 59.90 12.14 .6.75 6.95 13.90 5 g 10. 2 ea. 8 ea. 8.75 x 16.5 11L x 16SL�50- 3 .00 7.62. 60.96 10.78 ]1.79 86.24 235.80 9.02 11.13 11. 20 ea. 8.25 x 20 1 0. 0 222.60 8.21• 9.03 164.20 1 0. 0 12.34 246.80 12.' 13, 20 ea. 60 ea. 9.00 x 20 10.00 x 20 12.18 730.80 10. � 52. 0 13.10 19.69 786.00 157.52 14 8 ea. 11.00 x 225R 1300 x 24 12.28 98.24 213.20 NO BID 21.68., � 216.80 29.10 291.00 21.32 15, 16. t0, 12 ea. 13.6 x 2884 2 5.3 16.13 193.56 26.40 26.90 316.80 322.80 23.7 17. 12 ea. 14.9 x 24R4 17.5E x�24R4 25.20 25.20 302.40. 302.40 1 0 201. 0 26.90 322.80 NO BID 18. 19. 12 ea. 12 ea. 16.9 x 24R4 302. 0 17.17 '206.04 26.90 29.87 322.80 358.44 25.20 20. 12 ea. 16.9 x 30R4 36.85 442.20 23.53 2 2.3 7.60 7b.00 21. 10 ea. 8- 16R4 -TR 7.07 � 70.70 5. 0 NO BID NO BID 4.77 47.70 22. 10 ea. 6- 1284 -TR .5 • VITVJJ f V 1 HL. LESS DISC. . • N�'T TOTA L D'.IVERY UNIT EXTENDED �, 8 ea. 20 ea. 20 ea. 60 ea. $ ea. 10 ea. 12 ea. 12 ea. 12 ea. 12 ea. 12 ea. � 10 ea. 10 ea. 11L x 16SL 10 ply 8.25 x 20 10 piy 9.00 x 20 10 ply 10.00 x 20 12 ply 11.00 x 22.5R 14 ply 13.00 x 24 10 ply 13.6 x 28R4 6 ply 14.9 x 24 R4 6 ply 17.5E x 24R4 8 ply 16.9 x 24R4 6 ply 16.9 x 3084 $ ply � 8- 16R4 -TR 4 ply 6- 12R4 -TR 4 piy � OFF NET STATE PRICE LIST 3 .02 2 ,1 1,1 9.20 1, 32.20 5, 0 1, 93. 1,916.20 1,311.25 1, 3.20 2,352.12 2,019.3 2,181.92 531.60 364.50 5� � 45.1.5 81.6$ 97.22 129.59. 195.55 208.40 NO B!D 182.77 223.37 218.68 NO B1D " '.' " " ]0 -30� 361.20 1,633.b0 1,944.40 7,775.40 1,564.40 2,084.00 2,193.24 2,680,44 2,624.16 � � " " " " " " " " " " " � "' „ " " " " " " 29.85 %' �. - � ; f N , . 59. 71. 1 90.7 1 6.71 191.62 19 .02 122.59 175.94 210.86 197.88 178.80 lOg.27 i t{ O N 1 .2 � CITY OF BAYTOWN� � 30� . i o 1-! ! j..G� ANNiJAt Tf RE AND TUBE CONTRACT B!D . TA 6ULAT1 ON t. 3 l D� � ; �A�'�; January 29, 1979 - 9:30 a.m. � � • � , �` i� ! • ; ,ITEM � QTY � : DESCR1PTlON � � GENERAL TIRE SERVICE RNA EXTENDED B. F. GOODRICH � UNIT EXTENDED LONGS DAYTON TIRE UNIT XTEND D CI Y UNIT EXTENDED UNIT EXTENDED 1. 150 ea. E70 x 14 Load Range 6 20.04 ,; $3,006.00 $ 27.65 $4,147.50 $ 29.g9 $4,498.50 34.77 � $5,215.50 . 2. 10 ea. ER70 x 14 Load Range 6 252.30 49.77 497.70 44.57 405.70 47.70 477.00 ; 25.23 3• 50 ea. H78 x 15 Load Range�8 1,25.00 30.73 1,536.50 30.92 1,546.00. 36.25 1,812.50 � i� 2 .90 23.1 j 4. S4 ea. � G78 x.15 LTD 6 ply 1 250. 35.67 .1,926.18 NO BtD 33.25 1,79S.5o � i + 33.00 5. 15 H78 x'15 LTD 8 ply - 95.00 41.44 621.60. " " 39.So 592.50 � 6. 50 ea. 1.78 x 15 6 ply 1 90 .50' NO BID �" � 44.34 2,215.00 � ;, 3 .13 ' 7. 32 ea. 750 x 16 8 ply 2.2� 1,351. 46.03 1,472.96. " 47.80 1,529.60 �' 29.20 8. 10 ea. 8.00 x 16.5 6 ply 292.00. 40.40 .404.00 " 46.24 462.40 9, 2 ea. 8.75 x 16.5 6 ply 70.0 44.47 88.49 " „ 54.00 108.00 j 35.0+ -' 30. 11. 12. 13. 14. 15• 16. 17. �1$, lg. 20. 21. 22. '� 8 ea. 20 ea. 20 ea. 60 ea. $ ea. 10 ea. 12 ea. 12 ea. 12 ea. 12 ea. 12 ea. � 10 ea. 10 ea. 11L x 16SL 10 ply 8.25 x 20 10 piy 9.00 x 20 10 ply 10.00 x 20 12 ply 11.00 x 22.5R 14 ply 13.00 x 24 10 ply 13.6 x 28R4 6 ply 14.9 x 24 R4 6 ply 17.5E x 24R4 8 ply 16.9 x 24R4 6 ply 16.9 x 3084 $ ply � 8- 16R4 -TR 4 ply 6- 12R4 -TR 4 piy � OFF NET STATE PRICE LIST 3 .02 2 ,1 1,1 9.20 1, 32.20 5, 0 1, 93. 1,916.20 1,311.25 1, 3.20 2,352.12 2,019.3 2,181.92 531.60 364.50 5� � 45.1.5 81.6$ 97.22 129.59. 195.55 208.40 NO B!D 182.77 223.37 218.68 NO B1D " '.' " " ]0 -30� 361.20 1,633.b0 1,944.40 7,775.40 1,564.40 2,084.00 2,193.24 2,680,44 2,624.16 � � " " " " " " " " " " " � "' „ " " " " " " 29.85 %' �. - � 48.39 92.26 97.00 129.00 154.85 387.12 1,845.20 1,940.00 7,740.00 1,166.80 ],9 0.20 1,471.00 2,111.28 2,530.32 2,374.56 2,146.80 10.00 225.00 , . 59. 71. 1 90.7 1 6.71 191.62 19 .02 122.59 175.94 210.86 197.88 178.80 lOg.27 t3 0 19 .O1 1 .2 1 2. 53.16 36.45 10 -46 1.00 22.50 30� GROSS TOTAL LESDfSC. '. f • NET. OTAL.: