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1980 03 13 CC Minutes00313 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 13, 1980 The City Council of the City of Baytown, Texas, met in regular session on Thursday, March 13, 1980, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following members in attendance: Fred T. Philips Jimmy Johnson Ted Kloesel Mary E. Wi lbanks 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 The meeting was called to order by Mayor Hutto and the invo- cation was offered by Councilman Philips. Minutes Councilman Kloesel moved for approval of the minutes of the regular meeting of February 28, 1980, and for the special meeting of March 6, 1980; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Receive Petitions None. City Manager's Report Houston Lighting and Power - The Administration received notification from HL &P of the billing for the month of March. The base rate for March will be the same as in February, but the fuel cost has increased from $19.33 to $24.05 for the month of March. This is primarily the result of an under recovery for the month of December. The fuel costs do fluctuate from time to time. East and Central Sewer Districts - The Administration has scheduled a public meeting on March 24, 1980 at 5:15 p.m. for the purpose of explaining the sewer system study that will be made with the Step 1 grants that the City has received from EPA for the East and Central Sewer Districts. This is a new requirement that during the Step 1 work, it is necessary to hold public meetings where the public will have an opportunity to ask ques- tions and express their views about the plans and studies that will be made. The Administration has placed public notices in the newspaper and asked that the Baytown Sun give more publicity in the paper next week. Corps of Engineers - The Administration received a notice from the Corps of Engineers regarding an application from Mobay Chemical Corporation. They have plans to dredge a barge basin, construct a bulkhead dock and install a mooring dock adjacent to 00313 -2 Minutes of the Regular Meeting - March 13, 1980 their property on the east side of Cedar Bayou. There will be approximately 146,000 cubic yards of material excavated and hauled to a disposal area. Councilman Cannon commented that that the City is getting more traffic felt that the Administration needs to of enlarging the bayou along Roseland that the Administration will check wi see what steps are involved. in regard to this, it seems on Cedar Bayou Stream and look into the possibility Park. Mr. Lanham explained th the Corps of Engineers to Councilman Johnson inquired if the City has heard anything more about the possible situation at the end of James Street. Mr. Lanham stated that he has not heard of anything more but there is still activity there. ks Audit - The auditors, in addition to the audit report, had included a letter indicating areas where changes could be made. Air. Lanham felt that those recommendations could be divided generally into two categories. First, those involving putting additional accounting records on the computer and secondly, operating the solid waste collection and disposal department as an enterprise fund. The Administration feels that some of the recommendations regarding placing additional accounting functions on the computer can be accomplished within the next several months. At present, the Administration is concentrating on getting the police computer in operation. The Administration feels that the consultant's time should be utilized toward that end. In response to a question from Council, the auditor recom- mended that fixed assets be placed on the computer. Pat Tobin, Director of Finance, and his staff have made an inventory of fixed assets and the Administration would like to get this on computer. In response to a question from Councilman Kloesel, Dan Savage, Assistant City Manager, explained that as far as a listing of the City's fixed assets, it would certainly be broken down by departments and also by fund. The fund information might be a little more important as far as the accountants are con- cerned because the water and sewer fund is an enterprise fund and the City does need to be depreciating things in that area. Also, if the City is talking about perhaps setting up solid waste as an enterprise fund, depreciation becomes more critical in that area than it is right now as a general fund operation. Mr. Savage hoped that the City would have the ability to know the assets by the different departments as well as by funds, and he felt that this can be accomplished. Councilman Philips inquired if the City would be setting a depreciation rate? Mr. Savage stated that the City would be doing that in the enterprise funds; unless there is some tech- nical reason for not doing that in the general fund, the City would try to do it there also. From a programming standpoint, the procedure would be the same. Councilman Philips stated that from a budget point of view, this helps the City to have an understanding of what the assets are doing in terms of needing replacement and programming capital money for these fixed assets. Mr. Lanham explained that the auditor made recommendations with respect to accounts payable and accrual of revenues. Mr. Lanham felt that these are things that can be put on the computer within the next several months. The Administration felt that the City should also begin the development of a master plan for data processing. This would include those functions that the Admin- istration felt should be placed on the computer and the City would review its capability to accomplish these things in terms of personnel, equipment, and budget. This is a longer term project. The Administration would expect to do this in house and make recommendations to the Council with respect to the route which the City should go. As the City puts more things on the 00313 -3 Minutes of the Regular Meeting - March 13, 1980 computer, capacity will be reached. Then, the City will be faced with questions as whether the City should operate more than eight hours a day, use a service bureau, or add equipment. The Admin- istration felt that it is necessary to develop a long range plan, probably four or five years. Mr. Lanham explained that in regard to establishing an enterprise fund for solid waste, the Administration suggests that this be done as part of the 1980 -81 budget process. At that time, Council can make the decision -- whether to go that route. It has the advantage of indicating very clearly to the Council and to the public, the cost of providing the service and compare it with the revenue being collected by the City for that service. Councilman Philips inquired if the Administration is plan - ning to phase this in so that by budget time, the Council would have a total recommendation. Mr. Lanham responded that the Administration would have the options at that time. Mr. Lanham felt that it is becoming common practice for solid waste opera- tion to be an enterprise fund similar to the water and sewer fund. In response to an inquiry from Council, Mr. Lanham explained that for the most part, the bonds that have been sold for water and sewer improvements in recent years have been general obliga- tion bonds and are paid from tax revenues. The City's outstan- ding debt for revenue bonds beginning this fiscal year was $3,181,000; debt for general obligation bonds was $22,631,000. A goodly portion of the $22,631,000 was for bonds used for improve- ments to the water and sewer system. Council could have made the decision to issue revenue bonds, but it would then be necessary for the water and sewer rates to generate enough revenue to pay the principal and interest on the bonds. Cities have that option since improvements to the water and sewer system need not be financed from water and sewer revenues. Additionally, tax bonds usually have lower rates of interest than revenue bonds. Drainage - City forces - Crosby Cedar Bayou Road - 98% com- plete; Parkridge Bend - 98% complete; East Texas and Tri -City Beach Road project - 98% complete; Azalea Drive - 98% complete; East Schreck - 10% complete; Allenbrook II, which is where the City has a contractor pouring a concrete drainage structure - 650 complete. Storm Sewer Box Inlets - The contractor on the storm sewer box inlets in Craigmont, Allenbrook and Country Club - 99% complete. Mr. Lanham explained that he would like to go through the major categories of drainage work as approved October, 1979. The first category involved work to be done with 1975 bond funds, and that included Ward Road. Those plans will be presented to Coun- cil tonight and the City should have that project underway within the next few months. The next category was a listing of those projects that were to be contracted and paid for from revenue sharing and budgeted funds. The reconstructing of the storm sewer box inlets is in f progress as stated previously. East Schreck was on that list but the City had a piece of City equipment that they needed to keep busy; therefore, the City is doing that project with City forces rather than by contract. There are two other projects on that list - -the Texas Avenue project and the Baker Road project near St. James House. The City has started working on right of way matters which is necessary to do before work can begin. On those major projects that were to be done by City forces, the City crews have made excellent progress. There were ten projects on that list and eight of them have either been completed or are very close to being completed. Councilman Philips inquired as to how is the City doing budget -wise? Norman Dykes, City Engineer, explained that the City so far is still staying within the money that had been allocated for that purpose. Mr. Lanham further explained that on the minor projects, the 00313 -4 Minutes of the Regular Meeting - March 13, 1980 City has underway six projects and the City will be able to concentrate on those with City forces once the City completes the major projects. The Administration feels that by the end of this fiscal year, the City will have completed the projects that the Council had approved or have them underway. Councilman Philips stated that this is tremendous because that shows that the City focused on something, planned it and started working on it. Councilman Kloesel stated that it appears that the City has become much more efficient in this area and that is really good. Looking at the other side of the coin, if the City is neglecting some of the other areas because of emphasizing drainage areas, Council really needs to know about it. Mr. Lanham explained that in the streets and drainage divi- sion, the City is not neglecting that area. In terms of street repair and street patching, the City is keeping the same pace. In past years, the City has added additional personnel and equip- ment to that area. Councilman Johnson stated that once before he had brought up the subject of a study being made on Beaumont Street near Green Acres Nursing Home, and inquired if a study or survey had been made in regards to drainage of that area. Mr. Lanham responded that the Administration is already putting together next year's program and this is one of the areas that should be considered. Sliplining - This project is 99% complete. Invitations - Council has a copy of two invitations and one is from Jocelyn Wesselhoft inviting Council to a birthday party for Ms. Fletcher who is celebrating her 105th birthday on March 20. Council is also invited to attend the sixth anniversary of the Baytown Nutrition Center on March 27. Harris County Mayors and Councilmen's Association - Council received a copy of the HCMCA notice of meeting and this will be held on March 20. Questions and Comments Regarding the City Manager's Report Jack Cramer, Chief Building Inspector, stated in response to an inquiry from Councilman Kloesel, that the inspection depart- ment inspects construction at the schools just like other areas. He explained that he had granted an exemption to the school to place a portable building on the property line because of the emergency situation. Councilman Cannon stated that he would like to make one com- ment subsequent to the last meeting because he had meant to bring an item up and forgot to. He stated that he has been quite vocal about the State Department of Highways and Public Transportation dragging their feet on Interstate 10 construction. He had asked that the City Manager write a letter commending them on their quick reaction to the problem that was created at the Monmouth overpass. Mr. Lanham responded that he had written the letter. Councilman Johnson inquired as to what is the City's policy on public camping, particularly along the boat ramp at the High- way 146 bridge and the Church of Christ? There has been a bus with a boat attached to it sitting there with people living in it for five weeks. Mr. Lanham explained that the Administration will have to research this and come back to Council. Councilman Johnson asked that the City ask the State Depart- ment of Highways and Public Transportation if they are in charge of repair for the intersection of Highway 146 at Cedar Bayou Road, northbound. There is a tremendous pothole and numerous small holes where a motorist could lose control of the car. 00313 -5 Minutes of the Regular Meeting - March 13, 1980 Councilman Johnson asked that the City get Ward Road striped at the intersection of Highway 146. Councilman Kloesel commented that Bayway Drive needs to be restriped. Councilman Kloesel stated that he had received numerous com- plaints about the commercial landfill on Highway 146. There is a lot of clay coming off commercial trucks and the police depart- ment may need to be aware of this problem. Mr. Lanham explained that this is a very difficult problem, but the landfill needs to stay in operation even when it rains. The Administration has been out to the landfill to talk with the operator but this is a problem for the operator, as well as the public. Mayor Hutto requested that the Administration determine if it is feasible to have a sidewalk or a walkway constructed from Centennial Square to the corner of Park and Garth. There are a lot of the residents going down Gresham and attempting to cross Garth Road to the little convenience store during the day which is a hazardous situation. It appears that the City could get some type of walkway or sidewalk which would end up at the light at Garth and Park to provide safe access to the shopping center rather than the convenience store. Hear Report of Mechanical Board Mr. Elliott L. ("Buddy ") Dean, representative of the Mechan- ical Board, reported to Council that the Mechanical Board con- sists of eight members: Registered Mechanical Engineer, Leslie W. McDonald; Registered Professional Engineer, Elliott L. Dean; Licensed Mechanical Contractor, Oscar Young; Licensed Air Condi- tioning Contractor, Paul Tisdale; Air Conditioning /Refrigeration Journeyman, Thomas R. Kelley; Citizen not in building business, A. R. Knox and General Contractor, Joe Aylor. The City Mechan- ical Inspector is the ex- officio secretary. The Mechanical Board reviews the examinations for air conditioning /heating journeymen and contractors, grades examination papers and revises the exami- nation if necessary. Periodically, the board will review the Mechanical Code and recommend changes to Council, if necessary. As of March 1, 1980, there were 132 licensed air conditioning/ heating contractors in the City; 118 were covered under the grandfather provisions of the ordinance; 14 took the test and passed; 33 took the test but failed. This is a 70% failure rate. One of the things the board has recently done is to revise the test for licensed air conditioning /heating contractor. There are currently 88 licensed journeymen; 56 were covered under the grandfather provisions of the ordinance; 37 took the test and 32 passed. In order to be qualified to take the test, a journeyman must have two years experience in installation of mechanical systems, including alterations, repairs, and replacement of equipment. Prior to taking the examination for contractor, an individual must have three years experience as an air condi- tioning contractor, four years experience as a licensed journey- man or degree or diploma as an air conditioning engineer or mechanical engineer from an accredited college or university and one year's experience in the field of air conditioning contrac- ting. Mr. Dean emphasized that the board had worked very dili- gently on revising the test for contractor with the hope of achieving a test that would be fair and would produce competent mechanical people for this area. Mr. Dean stated in response to a question from Council, that the Board in revising the test did not make the test easier, but made certain that the test was very easily understood. The Board is attempting to test the knowledge of the applicant. Council expressed appreciation for the diligent efforts of the Board to improve the City's testing system to produce better qualified people to perform the various mechanical tasks in Baytown. 00313 -6 Minutes of the Regular Meeting - March 13, 1980 Robert Swint Will Appear Mr. Swint, owner of a business at 2807 Market, requested a variance to the off - street parking ordinance. The ordinance stipulates that each parking area must be at least 9' x 18' and located 10 feet from the property line on each side. Pair. Swint can provide four parking spaces at his business, but one space would not meet City requirements. In order to meet City require- ments, Mr. Swint would be forced to cut down one or both trees located on the property. Mr. Swint felt that rarely would all four parking spaces be utilized, and with more use of smaller cars, the fourth space would not create a problem. In response to a question from Council, Mr. Swint stated that the parking arrangement should not be an inconvenience to those walking due to the old concrete available for a pedestrian to walk upon. Councilman Kloesel moved to grant Mr. Swint's request for variance; Councilwoman Wilbanks seconded the motion. Councilman Cannon inquired if Mr. Swint would be putting three parking spaces to the front of the business? Mr. Swint responded in the affirmative. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Councilman Kloesel pointed out that there is a sign that is obstructing the sidewalk just down the street from 2807 Market, as well as an illegally strewn extension cord. Douglas Cheatwood Will Appear Mr. Cheatwood was not present. Arthur Morgan Will Appear Mr. Morgan presented Council with a letter to express a need for an ordinance to clarify use of twenty (201) feet drainage easements. While Mr. Morgan's letter was being copied so that each Council member could have a copy, Council continued with the agenda. Ordinance - Awarding Contract for Concrete Work for Texas Avenue and Newcastle Street Parks The next three agenda items are all related to work to be accomplished at two parks. The Administration had prepared plans and specifications for concrete, electrical, and fencing. Four bids were received for concrete work at Texas Avenue and New- castle Street Parks. The low bidder for the concrete work is McConnell Construction for the amount of $30,919.02. An alter- nate bid of asphalt represents $3,700 difference. With so little difference, the Administration recommended acceptance of the low bidder on concrete. Councilman Johnson moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 00313 -7 Minutes of the Regular Meeting - March 13, 1980 ORDINANCE NO. 2846 AN ORDINANCE AWARDING THE CONTRACT FOR CONCRETE WORK AT TEXAS AVENUE AND NEWCASTLE DRIVE TO McCONNELL CONSTRUCTION COMPANY FOR THE SUM OF THIRTY THOUSAND NINE HUNDRED NINETEEN AND 02/100 ($30,919.02) DOLLARS. See Attachment "A" for tabulation. Ordinance - Awarding Contract for Texas Avenue Park Electrical Work Four bids were received for this work. The low bidder is Pfeiffer Electric Company for the sum of $1,703 which is consid- erably below other bidders. Pfeiffer Electric Company has per- formed work for the City in the past and the Administration recommended awarding the bid to the low bidder. Councilman Kloesel moved to adopt the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2847 AN ORDINANCE AWARDING THE CONTRACT FOR ELECTRICAL WORK AT TEXAS AVENUE PARK TO PFEIFFER ELECTRIC COMPANY FOR THE SUM OF ONE THOUSAND SEVEN HUNDRED THREE AND N01100 ($1,703.00) DOLLARS. See Attachment "B" for tabulation. Ordinance - Awarding Bid for Fencing of Newcastle Street Park Four bids were received for fencing Newcastle Street Park. The low bidder that met specifications is Foster Fence Corpora- tion for the sum of $11,413. The Administration recommended the low bidder, Foster Fence Corporation. Councilwoman Caffey moved for the adoption of the ordinance; Councilman Philips seconded the motion. In response to a question from Council, Mr. Rountree ex- plained that the fence will surround the property. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None " Mr. Lanham pointed out that the total of the three contracts is $44,035.02. The City has a grant which is 50% of the total esti- mated costs or $33,250. Playground equipment has been purchased, but the Administration expects to complete all the work planned within the funds allocated. ORDINANCE NO. 2848 AN ORDINANCE AWARDING THE CONTRACT FOR THE FENCING OF NEWCASTLE STREET PARK TO FOSTER FENCE CORPORATION FOR THE SUM OF ELEVEN THOUSAND FOUR HUNDRED THIRTEEN AND N01100 ($11,413.00) DOLLARS. See Attachment "C" for tabulation. 00313 -8 Minutes of the Regular Meeting - March 13, 1980 Arthur Morgan Will Annear Mayor Hutto recognized Arthur Morgan, who read a typed statement, which statement sets forth what Mr. Morgan considered to be various inequities in uses of drainage easements within the City. Therefore, Mr. Morgan requested Council consideration of an ordinance which would set forth regulations for use of City drainage easements. Council pointed out to Mr. Morgan that an ordinance adopted now would not govern circumstances that occurred in the past. Also, any ordinance adopted could allow for variances. However, Councilwoman Wilbanks stated that Council needed to consider whether the City has an ordinance now in existence which would cover this situation and if so, would that ordinance need to be revised? Councilman Philips stated that he would be willing to put that in the form of a motion - -that the City Attorney prepare an ordinance or investigate the feasibility of an ordinance to be presented to Council with the various circumstances in mind; Councilwoman Wilbanks seconded the motion. Councilman Philips clarified the motion by stating the request is that an ordinance be drafted which speaks to the use of easements adjoining property where the City would speak to re- strictions the City would want to apply to installation of per- manent property on those easements and allowing easements to be fenced to midpoint. Mayor Hutto felt that the City has ordinances that would cover this particular problem and suggested that the Administra- tion could study this and report to Council. Mr. Morgan stated that there may be ordinances already written to cover this matter, but he had been unable to locate those ordinances. Mayor Hutto suggested that Council instruct the Administra- tion to review the ordinance that the City has related to this problem and then bring to the attention of the Council any recommended changes. Councilman Philips clarified that the City Attorney will come back to Council if there is an ordinance that would apply, but if not, then an ordinance would be presented for Council's consideration. Councilman Kloesel stated that he felt that a motion was not necessary; Councilman Philips concurred. Mr. Morgan stated that he would like a copy of any ordinance in existence since 1975 concerning utility easements. He further stated if there is not an ordinance to cover the alleged viola- tion stipulated in his letter, he is going to request the replace- ment of that building in the easement. Mr. Morgan's closing comment was that an ordinance con- cerning utility easements should cover all twenty -foot drainage easements in the city limits of Baytown. Ordinance - Allowing Under Certain Conditions, Retirement Buy Back Dan Savage, Assistant City Manager, stated that one of the options or features of the TMRS Program is what is known as the prior service buy back. An employee for a municipality who participates in the TMRS system who leaves that municipality for a period of time, withdraws the funds that he had put into the retirement fund and later returns to work for either that muni- cipality or some other participant in the TMRS system, may through this buy back provision, reclaim his prior service. The procedure involves the employee paying the amount of funds that he had withdrawn from the system plus 5% per year penalty. The 00313 -9 Minutes of the Regular Meeting - March 13, 1980 5% per year penalty is calculated on the amount of time that the money was out of the fund. If the employee was gone from the municipality for five years, it is five percent times five years or 257o of the total money that he had withdrawn from the fund. In order to do this, the employee pays his contribution back plus the penalty and the City has to come up with its obligation. The way that the City's obligation is determined is that the retire- ment system surveys all of the eligible employees. In the case of the City of Baytown, there are 32 employees who have worked either for the City of Baytown or other TMRS cities and have withdrawn money from the fund. These people would all be eligi- ble to participate in the buy back program and so the retirement system develops a factor that would cover this future liability. In the case of the City of Baytown at the present time, the thirty -two employees would require a factor of .14 percent and that would be added on to the City's present retirement contri- bution. The present retirement contribution factor is 5.71 percent. This is down somewhat from the 6% that was budgeted this year because the City has had good experience with the retirement program. What the proposed ordinance does is to allow employees who wish to take advantage of this option, who are employees of the City as of the date of the ordinance, to do so at any time in the future. There are a number of employees who may want to take advantage of this. There is one employee in particular who has requested that the City consider this type ordinance. Based on the City's present payroll, the annual funding for the current year would be approximately $10,000 for this particular provision. Councilman Philips stated that the City will be locked into that if the City goes this way. That is a $10,000 premium that the City will have to pay every year. Mr. Savage explained that this money would go into a prior service accumulation fund. As you recall, the City recently updated its retirement program and the package that the City had added was called an updated service credit program and the pay- ments made by the City go into this same prior service accumula- tion fund. If out of the thirty -two employees eligible, only five to ten participate, the contribution made based on thirty - two employees participating would be credited to the City's prior service accumulation fund account. When the City's factor for subsequent years is considered, the City's factor would probably decline. That is what has happened this year, the City went from 6% down to the 5.71%. This is something that would be figured on an annual basis and the City would get adjustments as the City's liability changes from year to year. Councilman Philips explained that maybe this statement is not presented correctly here, but it says that the City's respon- sibility for participating in the program is to contribute .140 of the total payroll annually to a prior service accumulation fund. That says that once the City agrees to go into this, the City is locked into paying that .14% for this privilege every year. In other words, the City joins the club and the dues are annually .14 %. Mr. Savage explained that Councilman Philips' point is accurate but this was not Mr. Savage's understanding of the way the provision works. Each year, TMRS analyzes the City's total contribution to the retirement system. There are a number of different components and they are adjusted upward or downward depending upon the circumstance. In response to a question from Councilman Philips, Mr. Savage explained that the current factor is based on the number of people that would be eligible to participate as of the date that the ordinance is passed. If those employees choose not to participate, and they leave the City, the factor would go down. Councilman Cannon stated that the amount could also go up if the City hired ten people. Mr. Savage explained that the amount cannot go up if someone was hired after the passage of this ordinance. This ordinance is in effect for those employees who are on board as of the date of this ordinance. The maximum number of people that can benefit under the passage of this ordinance is the 32 employees. 00313 -10 Minutes of the Regular Meeting - March 13, 1980 Councilman Cannon stated that if someone is hired six months from now with prior service, they would not be included. Mr. Savage responded that that is correct. Councilman Kloesel stated that he does not understand that. He further stated that he would like to support the program and he can see it as being useful. If all of the cities had this type of program, it would permit an ease of movement by City employees which is happening throughout all types of industry and government. He inquired why the provision that the ordinance would only apply to the 32 employees now on board. Mr. Savage explained that this is the way the program is set up by TMRS. Mayor Hutto inquired if the Administration has any idea as to how many out of the thirty -two employees would take advantage of this. Mr. Savage stated that at least two employees have ex- pressed some definite interest, but beyond that Mr. Savage had no idea. Mr. Savage further explained that each of the 32 indi- viduals would be entitled to this benefit at any point in time as long as they remain employees. In response to an inquiry from Councilman Philips, Council- man Cannon stated that the City Council.has already obligated future councils on the updated service credit program. Each year, the City is participating in this and that is a costly figure. Once the City granted this, the City obligated itself on that portion. This is a further refinement of that program and inquired as to why was this not brought up at that time. fir. Lanham explained the Administration did not realize the City had some people who would be interested. Councilman Cannon felt there is a balance somewhere but if the City is going to keep adding features onto this program, where is the incentive for somebody to stay with the City? Coun- cilman Cannon stated that if he left his company and withdrew any retirement funds, and later returns to that company, he will have to start all over and have no opportunity to buy back. Councilwoman Wilbanks stated that in the Teacher's Retire- ment System, the teachers can buy back into that. Councilman Kloesel moved that the City adopt the proposed ordinance in view of his understanding, that if all 32 employees participated, it would cost $10,000. He felt that when the City recruits employees, whether it is key staff or regular employees coming to City government, the City tries to come up with some type of incentive. He felt that this will be somewhat of a built -in incentive to permit an easier movement of City employees among cities; Councilman Johnson seconded the motion, in order to open for discussion. Mayor Hutto recognized W. C. Turner, an employee of the Fire Department, who stated that he had gotten his retirement certifi- cate today from TMRS showing what he will draw upon retirement in 1984, and that would be $576 a month. For the amount of $576, it would be hard to support himself and his family. Mr. Turner ex- plained that this is why picking up the 31 months that he with- drew is critical to him. He asked that the Council consider this matter very carefully. In response that he does not one thing, it is back this money. the years he had him to pick up t] to a question have a dollar going to cost He will be p been out. He ie 31 months. from Council, Mr. Turner explained figure as to the comparison but him because he will have to pay aying a penalty of 5% a year for felt that it will be worth it for Councilman Cannon stated that when Council approved this plan last year, had the City not granted this feature, what would have Mr. Turner's retirement been? Mr. Turner explained that there was an employee of the fire department who retired after 30 years who was receiving approximately $200 a month. Councilwoman Wilbanks stated that the City would pay ap- 00313 -11 Minutes of the Regular Meeting - March 13, 1980 proximately $10,000 whether the City has 32 employees participa- ting or 2 employees participating. Mr. Savage stated that that is the amount the City will have to pay in, which amount goes into the prior service accumulation fund. Any employees may exercise the option, then a portion of the amount paid into the prior service accumulation fund is spoken for. The remaining portion is not spoken for. At the end of each year, TMRS recal- culates the City's contribution rate and if the City builds up reserves, that lowers the City's contribution rate in subsequent years. Mr. Savage felt that it is fair to say that the City is not going to use the entire City's contribution this year and probably in subsequent years. He felt that it is not fair to say how much is going to be used because the City will not know until the employees exercise their option, if the program is put into effect. Councilman Philips inquired if down the road, will this give the City a plus in the ability to hire people back. Mr. Lanham explained that if this is the case that this applies only to these 32 employees, another ordinance would have to be passed and it may have to be renewed from time to time. Councilwoman Wilbanks explained that she is not sure that this is what the proposed ordinance is stating. Scott Bounds, City Attorney, explained that Section 1 makes it clear that this only applies to employees of the City as of the 7th day of February, 1980. That was the date the actuarial study was done to calculate the amount due which is $10,000. Councilman Kloesel stated that he would like to retain the motion but would certainly like it to be a continuous thing. Mr. Lanham explained that the proposed ordinance was sent to the City by TMRS, and apparently this is the way it is always written. Mr. Bounds explained that one problem that the City would have and this is probably the reason it is not made on a continuing basis, because if it were, the City would lose some control over the expenses that they would have in the retirement system. TMRS is required by state law to be actuarially sound and anytime the City takes any action which would affect the plan, it has to be approved by the state. It will have to be done on a renewal type basis. Councilman Cannon stated that he can see this as a recruit- ment tool and it could lure someone into the City of Baytown and by the same token, another city has it, the City of Baytown could lose them because of this. Councilman Philips inquired if the City is talking about 32 possibilities and only ten elect to participate, does that .140 go down. Mr. Savage explained that this amount would be adjusted at the end of the City's contribution period, and it was Mr. Savage's understanding that this is the calendar year. As you will recall, when the City budgeted this year, the City's retire- ment budget factor was 6% and the City got a downward adjustment to 5.71 %. Councilwoman Caffey inquired if the $10,000 would be paid in a lump sum or would it be paid on a monthly installment. Mr. Savage explained that it would be paid on a monthly installment. Councilman Cannon inquired if there are any other aspects of the program that Council should know about. Mr. Lanham explained that it has been mentioned in the past the possibility of lowering the vesting time. The current requirement of TMRS is that there is no partial vesting under TMRS, whole vesting occurs after twenty years of service. In terms of retirement programs, the vesting privileges under TMRS are not very attractive. Councilman Cannon felt that twenty years is a long time before an employee can get any vesting rights. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 00313 -12 Minutes of the Regular Meeting - March 13, 1980 ORDINANCE NO. 2849 AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY OF BAYTOWN, TEXAS, WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICI- PAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICES TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITH- DRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PER- FORMED AS AN EMPLOYEE OF THIS CITY. Ordinance - Awarding Contract for Removal of Elevated Water Towers Two bids were received for the removal of elevated water towers at Cleveland and Carlton, and South Main and Pearce Streets. Water Tank Service Company of Pasadena submitted the low bid at a total cost of $27,100. That amount is approximately $7,000 over the estimated cost. There is approximately $20,000 in revenue sharing fund surplus and it will be necessary to use some of these funds for this purpose. Water Tank Service Company of Pasadena has done work for the City which was satisfactory. The Administration recommended approval of the low bidder. Councilwoman Caffey moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2850 AN ORDINANCE AWARDING THE CONTRACT FOR THE REMOVAL OF ELEVATED WATER TANKS AT CARLTON AND CLEVELAND AND AT SOUTH MAIN AND PEARCE TO WATER TANK SERVICE COMPANY (PASADENA) FOR THE SUM OF TWENTY - SEVEN THOUSAND ONE HUNDRED AND N01100 ($27,100.00) DOLLARS. See Attachment "D" for tabulation. Councilman Cannon commented that with regard to the last item, as soon as the Administration gets some information on retirement, similar to W. C. Turner's example, he would like to see what effect the action taken would have on Mr. Turner's retirement. Ordinance - Establishing a Traffic Signal on Market Street at Louisiana /Market Intersection Councilman Kloesel requested that an item be placed on the agenda to consider re- establishing a traffic signal on Market Street at the Louisiana /Market intersection. Councilman Kloesel moved that the Council reconsider establishing a traffic signal at Market Street /Louisiana intersection. He stated that he had received numerous requests that the traffic light at that loca- tion remain in service. He stated tht he travels this route very often during the week, and felt that some type of signal should be utilized at that location. It is difficult to pass through this intersection without any type of signal control. Council- woman Caffey seconded the motion. Mayor Hutto inquired if the City would be required to in- stall a new type signal at this intersection if Council decided to replace the signal. Bill Cornelius, Director of Planning and Traffic, explained that a new type signal would be required at that location. The most expensive light, which is mast iron steel, is approximately $21,000, excluding labor costs. If a wooden pole and span are used, the cost would be approximately $13,000 plus labor. In response to a question from Councilman Johnson regarding 00313 -13 Minutes of the Regular Meeting - March 13, 1980 the peak traffic hour at that location, Councilman Kloesel stated that there is a considerable amount of traffic at that location all day but morning traffic is heaviest. Mayor Hutto recognized Jean Shepherd who stated that she travels this route approximately three times a day and she has a great deal of difficulty passing through this intersection at 11:00 a.m. The traffic in that area is increasing, as well as the business area, which makes it very hazardous to drive through this area. Mayor Hutto inquired if Mrs. Shepherd felt that this inter- section is more unique than any other comparable intersections in Baytown that are not signalized. Mrs. Shepherd explained that the big problem is the different approaches of the different streets that are coming into that area. Mayor Hutto commented that he drives through this area many times during the day, sometimes traffic is heavy, other times it is not. In response to a question from Council, Mr. Cornelius ex- plained that a new traffic light would be a four phase light. One would be for Market Street, one for Wisconsin and the other would be for Cypress. Councilman Philips inquired if that would be a timed light? Mr. Cornelius explained that it would be extremely difficult to tie this intersection into the other two. Councilman Philips pointed out that the intersection had been without lights for awhile without mishap which he attributed to good visibility at the intersection and the fact that the intersection is wide. Councilman Philips also felt that there is traffic control being exerted by the signal at Airhart and Market. Councilwoman Caffey stated that if a motorist is traveling down Wisconsin Street onto Market Street, the traffic flows beautifully. The problem is trying to come off Louisiana and those other streets to get onto Market Street. The vote follows: Ayes: Council members Kloesel, Wilbanks and Caffey Nays: Council members Philips, Johnson and Cannon Mayor Hutto Mayor Hutto called a ten minute recess. Ordinance - Authorizing City of Baytown Participation in General Telephone Company Rate Case, Public Utilities Commission #3094, and Authorization to Pay $8,616.60 as City's Share of Cost Mr. Lanham explained that Mr. Bounds would review this case with Council. The Administration recommended that the proposed ordinance be adopted. This recommendation is based on the as- sumption that the City of Baytown wants to be part of this rate making process. Mr. Bounds explained that on January 25, 1980, General Tele- phone Company filed an application to increase its rates effec- tive April 1, 1980 statewide with a $58,281,000 rate increase. A pre- hearing conference was held this morning in Austin for the Public Utilities Commission to set the time table for the hearing on the rate application. A steering committee of municipalities affected by the proposed rate increase is in the process of pre- paring a consolidated rate case on behalf of the cities to present to the Public Utilities Commission. The committee has retained an account management firm and an engineering group to present evidence with regard to the proposed rate increases. The proposed increases would have significant impact on Baytown residents. One party residential service would increase from a base rate of $10.35 a month to $13.75 a month, a $40.00 increase per year. Similarly, most additional residential phone services 00313 -14 Minutes of the Regular Meeting - March 13, 1980 would also increase such as extensions, additional lines, etc. One party business phone service would increase from $29.50 to $42.86, a total of $160.00 per year. The net impact in the Baytown area is estimated to be over a million dollars a year. Additionally, General Telephone Company seeks to alter signifi- cantly, the relationship between urban and rural phone rates. If the City of Baytown were to participate in the rate proceedings before the PUC on its own, expenses in excess of that required by participation with the Texas Municipal League group would be required. Mr. Bounds recommended that the City of Baytown parti- cipate in the General Telephone rate hearings through the Texas Municipal League Steering Committee. He felt the cost to parti- cipate is going to be very insignificant with regard to the significance of the rate increase that has been requested by General Telephone. In response to a question from Councilman Johnson, Mr. Bounds explained that this is a statewide increase and will affect all of the phone service provided by General Telephone. Mr. Lanham explained that Baytown is probably one of the fifth or sixth largest cities that General Telephone Company serves. In response to a question from Councilman Johnson, Air. Lan- ham explained that the funding for the effort will be based on an assessment of .150 per capita and in the City of Baytown's case, the total assessment will amount to $8,616.60. Councilman Kloesel moved for adoption of the ordinance; Councilman Johnson seconded the motion. Mayor Hutto inquired if the City of Baytown could request of General Telephone Company, that the City have an extension on the scope of the area that the citizens of Baytown can dial without it being long distance. Would this be the proper time to make this request? Mr. Lanham felt that this is something that the City could explore with the Texas Municipal League attorney. Mr. Bounds explained that at the present time, the City of Baytown is in the second highest rate category. The rate cate- gories are based upon the City's exchange access or the areas that can be reached by direct dial. The City of Baytown is rate band #9. There are some other areas that are in the highest rate band exchange area. The access to those rate bands is something that the City could ask the Texas Municipal League group to look at. The names of the cities that are in rate band #9 follow: Carrollton, Dallas -Fort Worth Airport, Garland, Highlands, Irving, Lewisville, Plano, Rowlett, and Wylie. Carrollton, Garland, Lewisville and Plano are all in the Dallas metropolitan area. Baytown could compare its calling scope with that area. Councilman Philips stated that one of the strategies that Baytown should speak to when they participate in this is to increase the area that Baytown can dial toll free so that Baytown can get some improved service along with this rate increase. The objective is to have a minimum rate increase with a maximum improvement of service. Councilman Kloesel stated that to him, the cost is more im- portant than an expanded area. He stated that he would like to hold the cost to a minimum. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXPEND EIGHT THOUSAND SIX HUNDRED SIXTEEN AND 60/100 ($8,616.60) DOLLARS AS THE CITY'S COST OF INTERVENTION BEFORE THE TEXAS PUBLIC UTILITIES COMMISSION RE- GARDING GENERAL TELEPHONE COMPANY'S REQUEST FOR RATE INCREASE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 00313 -15 Minutes of the Regular Meeting - March 13, 1980 Ordinance - Prohibiting Drinking of Alcoholic Beverages in Area Bounded by West Defee, Main Street, West Pearce and Whiting Streets Mr. Lanham explained that the next two items are the result of the meeting that the Council had with representatives of the Baytown Chamber of Commerce. Chief Turner reported to Council on plans for implementation of these two ordinances. Chief Turner explained that the best approach to this matter is voluntary compliance but that is debatable. The City needs to start with a notice in both the Baytown Sun and the school newspapers and had been assured cooperation from both. The Police Department will talk to the people and give them all the same warning. For the first few days that this will be in effect, on the no parking restriction, the Police Department will write warning tickets, which will be placed on the cars if the owners cannot be located. After a period of time, the Police Department will begin to write tickets and make arrests. The prohibition on drinking alcoholic beverages will be handled in the same manner. The proposed ordi- nance is written to state consumption of alcohol which will not interfere with anyone carrying alcoholic beverages in their car while driving down Texas Avenue. This will be difficult to enforce. In response to questions from Council, Chief Turner stated that since the Police Department had been issuing citations, van- dalism to the buildings on Texas Avenue has decreased considerably. Chief Turner explained that on weekdays, he will have on- duty officers drive down Texas Avenue to tell people that there is no parking on Texas Avenue. He further stated that probably the only time it will be necessary to issue tickets are Friday and Saturday nights. The ordinance will take effect ten days from passage. Chief Turner felt that most residents in Baytown will be aware of this change because of newspaper publicity and signs will be placed on Texas Avenue. Councilman Philips inquired if Chief Turner felt that he has sufficient authority to be able to close the street if an emer- gency was declared. Chief Turner responded that if an emergency situation arises, the Chief of Police is empowered by law to close the street. Councilman Philips inquired as to how much good could the Police Department do if the City Council just passed the no parking ordinance. Chief Turner responded that all the young people would do is park on the side streets, take their beer coolers and sit on the benches that are on Texas Avenue to drink. Councilman Kloesel felt that the City will be tieing up manpower on an area to try to enforce an ordinance, and it is not going to work. Chief Turner explained that the Police Department spends approximately $50,000 a year on overtime in that area now. Councilman Kloesel stated that his opinion is to remove the planter boxes on Texas Avenue and save $50,000 a year. He felt this would solve the problem. Councilman Johnson stated that City Council asked him and Councilwoman Wilbanks to serve on a committee with the Chamber of Commerce and after much input, these are the best solutions that they could come up with. Councilman Johnson moved for adoption of the ordinance and stated that if it does not work, he will be the first one to come back to Council to try something else and repeal the ordinance; Councilwoman Wilbanks seconded the motion. Mr. Lanham explained that this applies not only to the public property on the street but other open areas such as parking lots. Mr. Lanham explained that the City will put up signs in this regard on public property and will place signs on private property by request of the property owner. Mr. Bounds explained that this ordinance will not go into 00313 -16 Minutes of the Regular Meeting - March 13, 1980 effect until ten days after tonight and it will be two weekends before any enforcement can start. Councilman Philips inquired if the hours for no parking and no alcoholic consumption are the same. Mr. Lanham explained that the no alcoholic consumption will remain in effect all the time. In response to another question from Council, Mr. Lanham ex- plained that the no parking sign and the no alcohol consumption will be two different signs. Mr. Lanham explained that probably two signs for no parking restriction will be placed on each side of the street within all the blocks that are affected by the ordinance -- approximately two signs for eight parking spaces. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: Councilman Kloesel ORDINANCE NO. 2852 ; : i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN PROHIBI- TING CONSUMPTION OF ALCOHOLIC BEVERAGES UPON THE STREETS, SIDE- WALKS, ALLEYS, PARKING LOTS OR OTHER OPEN OR UNIMPROVED AREAS WITHIN THE AREA BOUNDED BY AND INCLUDING WEST PEARCE AVENUE, WHITING STREET, WEST DEFEE AVENUE, AND MAIN STREET IN THE CITY OF BAYTOWN; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE HEREOF. Ordinance - Restricting Parking on West Texas Avenue Between Main and Whiting Streets Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Johnson seconded the motion.. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks Caffey and Cannon Mayor Hutto Nays: Councilman Kloesel ORDINANCE NO. 2853 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROHIBITING PARKING ALONG WEST TEXAS AVENUE BETWEEN MAIN AND WHITING STREETS FROM 10:00 P.M. TO 6:00 A.M.; REPEALING CON- FLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Awarding Bid for Purchase of Van for Utility Office Three bids were received for the purchase of a three - quarter ton window van for the Utility Office. The low bid was submitted by Baytown Motors, Inc. in the amount of $7,162.36. The Adminis- tration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilwoman Caffey seconded the motion. In response to a question from Council, Pete Cote, Utility Office Manager, explained that the van will be used to carry meters and to carry at least six people. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 00214 -21 Minutes of the Regular Meeting - February 14, 1980 Recess and Reconvene Mayor Hutto recessed the open meeting into executive session to discuss personnel and land acquisition. When the open meeting reconvened, the following business was transacted: Consider Appointments to the Community Development Advisory Board Councilwoman Caffey recommended that Diana Quiones be appointed and Andres Contreras be reappointed to the Community Development Advisory Board; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Wilbanks, Caffey Mayor Hutto Nays: None Philips, Johnson, Kloesel, and Cannon Consider Appointments to the Baytown Cultural Arts Council Councilwoman Wilbanks moved that Lawrence Weiler, Barbara Hinds and Anna Haley be appointed for a three year term; Kim Martin and John McGill be appointed for a two year term; and Mildred Jones and Thurman Rowlett be appointed for a one year term; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Appointments to Civil Defense and Disaster Committee The ordinance that establishes this committee provides that the City Manager make appointments subject to approval from City Council. Mr. Lanham requested Council's approval of the fol- lowing persons to fill vacancies that exist on the Civil Defense and Disaster Committee: Pat Tobin, Finance Director; Don Northrup, Communications; Glen R. Erwin, Damage Assessment; Larry Patterson, Intelligence; and Dr. W. E. Thiele, Shelter - Welfare. Councilman Philips moved for approval of the recommendations made by the City Manager; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Adjourn With no further business to be transacted, Mayor Hutto adjourned the meeting. Karen Petru, Deputy City Clerk APPROVED: Eileen P. Hall, City Clerk 00313 -17 Minutes of the Regular Meeting - March 13, 1980 ORDINANCE NO. 2854 AN ORDINANCE ACCEPTING THE BID OF BAYTOWN MOTORS, INC. FOR THE PURCHASE OF A 3/4 TON WINDOW VAN AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF SEVEN THOUSAND ONE HUNDRED SIXTY -TWO AND 36/100 ($7,162.36) DOLLARS. Ordinance - Amending Ordinance No. 2809 Calling Election for April 5, 1980 to Designate a Member of the City Council to Canvass Voting Machine Used for Absentee Voting Ordinance No. 2809 calling the Municipal Election for April 5, 1980, needs to be amended to designate another Council member to canvass the voting machine used for absentee voting because Councilman Cannon will be out of town. Councilman Cannon moved to appoint Councilman Johnson to assist Mayor Hutto in canvassing the voting machine used for ab- sentee voting; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2855 AN ORDINANCE AMENDING THE ELECTION ORDINANCE TO REPLACE A MEMBER OF THE CANVASSING BOARD FOR ABSENTEE BALLOTS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 720 - Requesting State Legislature to Amend Uniform Election Dates to Provide for Alternative Date when First Saturday in April is During Easter Weekend Councilman Cannon requested that a resolution be prepared for submission to the State Legislature requesting that the legislature amend the uniform election date requirements to provide for an alternate date when the first Saturday in April is during Easter weekend. Councilman Cannon moved for adoption of the resolution; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 720 A RESOLUTION REQUESTING THAT THE TEXAS LEGISLATURE AMEND THE ELECTION CODE TO ALLOW AN ALTERNATE ELECTION DATE TO THE FIRST SATURDAY IN APRIL WHEN THAT DATE IS THE SATURDAY BEFORE EASTER. Resolution No. 721 - Transferring Funds from General Fund Contingency Account to Police Department Account for Wrecker Service Manuel Pease Enterprises recently billed the City of Baytown $6,282.50 for wrecker service rendered during the 1978 calendar year. Despite the delay in billing, the charges are valid in ac- cordance with the fee structure in effect at the time. Funds to pay these charges were not budgeted in the current budget. The proposed resolution authorizes the transfer of funds from the General Fund Contingency account to Police Department budget account for wrecker service. Pat Tobin, Director of Finance, ex- plained that he has asked that the wrecker operators provide monthly statements to the City for this service. 00313 -18 Minutes of the Regular Meeting - March 13, 1980 Councilman Philips moved for adoption of the resolution; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 721 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER SIX THOU- SAND TWO HUNDRED EIGHTY -TWO AND 50/100 ($6,282.50) DOLLARS FROM BUDGET ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO POLICE ACCOUNT NO. 0201 -06 -0408, "WRECKER SERVICE." Resolution No. 722 - Authorizing Mayor to Sign an Application for Community Development Grant Funds The application is for $688,000 for 1980 Community Develop- ment Funds. This is a tentative figure that the Administration was given by the Department of Housing and Urban Development. The Community Development Advisory Committee has held two public hearings. One hearing was held at the Our Lady of Guadalupe Church, and the other was at Mount Rose Baptist Church. As a result of those meetings, the Community Development Advisory Committee recommended that the funding be broken down as follows: streets, drainage and sidewalks totaling $525,000; housing re- habilitation totaling $121,000; and administration totaling $42,000. Administration costs are 6.1% of the money. The money must be spent in one or more of the target areas. It is not necessary to designate a particular area or a particular project that would be funded with these monies, but it is necessary as part of the application that the City indicate the general categories in which the money should be spent. Councilman Cannon inquired as to what are the target areas. Mr. Cornelius explained that Area 1 consists of Central Heights Addition, Busch Terrace Addition and Rio Vista Addition. Area 2 is the Airhart Addition; and Area 3 is Oak Addition. Councilman Philips inquired if these areas are different than the areas that were covered last year under the program. Mr. Cornelius explained that the areas are mostly the same because the City has not come close to correcting the problems in these three areas. Mr. Lanham explained that most of the money has been spent in Area 1. The funds for 1979 will be spent mainly in Area 2. No money has been spent in Area 3. Councilman Philips inquired if the funds from this applica- tion will go into Area 3. Air. Lanham explained that this has not been determined as yet, and this is something that the Community Development Advisory Committee will need to develop specific recommendations for. One of the public hearings was held in Area 3. Councilwoman Caffey moved for adoption of the resolution; Councilwoman Wilbanks seconded the motion. Councilman Kloesel stated that he is not in favor of the home renovation portion of this program because of all the problems that could surface. Also, he is not in favor of using taxpayers' dollars for this type of project. Mr. Lanham ex- plained that the program must have a housing element in it. In response to a question from Council, Jerry Fletcher, Community Development Director, stated that there is a three -year housing action plan that must be followed and it has to meet the guidelines that are set up in this program. What the City has set up now would meet those guidelines. In response to a question from Council, Mr. Fletcher ex- plained that the target areas are set up for three years. The 00313 -19 Minutes of the Regular Meeting - March 13, 1980 City can amend the program to change the target areas but the amendment process is very difficult and the City has to justify the request for amendment. Councilman Johnson inquired who makes the decision as to which house will be renovated. Mr. Fletcher explained that the decision is a two step process at this time. First, someone from the Community Development staff makes an inspection of the house, reviews the application, and makes a determination whether the house meets qualifications. At that point, it will be passed to the Community Development Advisory Committee and the Commit- tee, based upon recommendations from the Director, will determine whether to approve the grant. Councilman Philips inquired if there is a range of monies applicable here. Mr. Fletcher stated that the upper income level is $10,000 for a family of four. The lower income level is $5,000 for a single member household. Mr. Lanham explained that the Administration recognizes that this is going to probably be the most difficult and the most time consuming part of the program. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 722 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING APPLICATION FOR FUNDS AVAILABLE THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE FISCAL YEAR 1980. Review Plans on Proposed Park Street Improvements and Authorization to Advertise for Bids This is one of the last projects for which funds were in- cluded in the 1975 bond program. There were two major street projects in the program and one was Park Street and the other was Market Street Bridge. Originally, the plans were to rebuild Goose Creek Bridge, but later Council determined because the State Department of Highways and Public Transportation was moving ahead with Loop 201, there would not be a significant justifica- tion to spend the money to rebuild the bridge. Therefore, the bridge was eliminated from the project. Plans provide for a 39 foot wide street. Councilman Philips inquired as to what is the status of the funds of the bond at this point? Mr. Lanham explained that for- tunately these bonds were sold approximately one year ago at a good interest rate. The funds are deposited with the City's depository and are drawing interest at 9.507c. The City has approximately $1,267,000 remaining in the street improvement fund. This will be an assessment project and the abutting property owners will participate in the cost of the program. Jim Hutchison, a representative of the firm of Busch, Hutchison & Associates, was present to review plans for the Park Street improvements. The street will be 39 feet wide back to back with curb and gutter. The project goes from Pruett Street to the bridge. The roadway will narrow down approximately 200 feet before the bridge. Much of the roadway already has storm sewers but the plans show that storm sewers will be added to that so that it can take better drainage from Pruett Street down to Goose Creek. The plans also include large diameter pipes under Garth Road and Memorial Drive. There will be two lanes with left turn right of way. With regard to a request from Councilman Philips that the contract be written to provide for certain change order provi- sions and defaults, Mr. Hutchison explained that his firm can put 00313 -20 Minutes of the Regular Meeting - March 13,1980 special addendums in the contract. The estimated cost of this project is $652,000 and the City has on hand for this project $1,267,000. Mr. Hutchison explained that half of this amount is for the storm sewer work. Mr. Hutchison stated that if Council approves the plans and gives authorization to advertise for bids, his firm will adver- tise on March 17 and March 24 and set a bid opening date for April 1, 1980. Council can consider the bids on April 10 and construction could probably begin the third week of April. Mr. Lanham explained that this is an assessment project and after taking bids, an assessment hearing must be held. That will delay the time the contractor can actually start work. Mr. Lanham explained that working the signal at Park and the contract to allow the City the street. the City is in process of re- Garth. There are provisions in to.get the conduit and lay it in Councilman Philips inquired if the traffic will be main- tained through that area throughout the construction period or is the road going to be blocked. Mr. Hutchison explained that at a pre- hearing conference, this will be discussed between the City and the contractor. Councilman Philips stated that what he was leading to was to give the engineers some guidance on how the Council felt in this regard, and for the Council to discuss the best possible method for construction. He felt that if the traffic is detoured around this area, the contractor will be able to accomplish more, and he felt that the bids would probably come in better if the road would be blocked. In response to a question from Councilman Kloesel, Mr. Hutchison explained that the contractor probably will not want to come in and tear up the whole roadway at one time. Mr. Lanham felt that the road will probably have to be kept open because there are businesses fronting Park Street. Councilman Kloesel moved for approval of the plans and specifications and to authorize permission to advertise for bids; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks and Caffey Mayor Hutto Nays: Councilman Cannon Review Plans for Proposed East Ward Road Storm Drainage and Authorization to Advertise for Bids There is approximately $457,000 remaining in the 1975 bond funds for drainage. This is one of several drainage projects that was designated as a part of the bond program. Several months ago, the City Council authorized Busch, Hutchison and Associates to prepare these plans. The estimated cost of this project is $252,000 which will leave approximately $200,000 remaining for additional drainage work. Councilman Philips inquired as to the objective of this project. Mr. Hutchison explained that this is part of an overall project that is to take care of drainage all along Ward Road. This is the west end of Ward Road. The plans for the east end of Ward Road are being worked up at the present time. The plans that are being reviewed by Council tonight are for the west end of Ward Road at Narcille. This drainage work will collect water from the subdivision along the north side of Ward Road and from an area on Narcille, taking it to Ward Road and then south to the Harris County Flood Control Ditch. Councilman Kloesel inquired if this will relieve Narcille 00313 -21 Minutes of the Regular Meeting - March 13, 1980 and all the area south of this location. Mr. Hutchison responded that this is the intent. Councilman Johnson stated that this should keep the water from getting onto Sherwood and Greenwood Streets. Mr. Hutchison explained that on two of those streets, the plans are to put in some inlets and underground pipes. Mr. Hutchison pointed out that this project, as presented, depends solely on Harris County Flood Control District effecting certain improvements to their ditch. This project simply will not work unless there is a place to take the water. At the present time, the ditch is insuffi- cient to handle the flow. Mr. Hutchison further explained that his firm has had a number of sessions with the Harris County Flood Control District. The district is working up a project to clean the ditch, but Mr. Hutchison's firm does not recommend that the City begin work on this project until Harris County Flood Control District makes a commitment to work on the ditch. Councilman Kloesel moved for approval of the plans and specifications and authorized permission to advertise for bids when the County agrees to perform work on their ditch; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Discuss Agreement with Harris County to Furnish Fire Protection in Unincorporated Areas At the last meeting, Council considered but took no action on a proposed agreement with Harris County to furnish fire pro- tection in unincorporated areas. Councilman Cannon requested that the Administration prepare information regarding the City's actual costs incurred for providing fire protection outside city limits. Council received a copy of two memorandums from Fire Chief Vance McBride, outlining the City's cost. The cost to the City for structural fires in Harris County for 1979 was $3,545.78; non - structural, $2,353.43 and emergency responses, $1,809.54. The total estimated cost to the City for this service was $7,708.75. Harris County offered to pay the city $5,460.00. Mr. Lanham explained that this is not too far from the suggestion that was made by Council to raise the figure by 30 %. Mr. Lanham explained that the Administration has included an hourly rate for volunteer firefighters. They are not paid but it is an expense to the City. The City pays into the pension system for the volunteer firemen, and buys equipment for the volunteers. Mr. Lanham explained that he needs guidance in this regard. Councilman Cannon stated that he has no problem with in- serting this figure to the contract which had been forwarded by the County for Council consideration. Mr. Bounds explained that Council may want to make a motion to adopt the ordinance that was prepared at the last meeting which would be an ordinance authorizing and directing the Mayor and City Clerk of the City of Baytown to execute and attest to a contract with Harris County with regard to providing fire fighting and fire protection services to unincorporated areas of Harris County for the sum of $7,708. Councilman Kloesel moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 00313 -22 Minutes of the Regular Meeting - March 13, 1980 ORDINANCE NO. 2856 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY WITH REGARD TO PROVIDING FIRE FIGHTING AND FIRE PROTECTION SERVICES TO UNINCORPORATED AREAS OF HARRIS COUNTY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Council requested that the Administration bring this back to Council in the event Harris County rejects this proposal. Discuss City Policy Regarding Pickup of Brush and Tree Limbs Resulting from Commercial Tree Cutting Councilman Kloesel explained that he would like an ordinance to be prepared that would amend the existing ordinance, to allow a homeowner to employ a person to assist him in trimming his trees and allow the City to make a pickup rather than having a commercial truck haul the debris away. Mayor Hutto felt that this is a policy that the City is abiding by now. If a homeowner gets his neighbor to cut tree limbs and place the limbs in front of the house, the City will pick the tree limbs up because the crews will not know who cut the limbs. Mr. Lanham explained that if the City is aware that a commercial tree cutter trimmed the limbs, the City will not haul the limbs away. Mayor Hutto felt that if a person is going to employ someone to do this work and pay them a fee, that fee includes removing tree limbs. Ordinance - Authorizing City Attorney to Make an Offer for Acquisition of Land for East District Sanitary Sewer Right of Way This will be discussed in executive session. Recess and Reconvene Mayor Hutto recessed the open meeting into executive session to discuss personnel matters, land acquisition and legal matters. When the open meeting reconvened, the following business was transacted: Ordinance - Authorizing City Attorney to Make an Offer for Acquisition of Land for East District Sanitary Sewer Right of Way Councilman Philips moved that the City Attorney make an offer to Barcelona Enterprises for the amount of $2,355.11 for acquisition of land for East District Sanitary Sewer right of way and if said offer is not accepted, authorize condemnation proceed- ings; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2857 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR TWO THOUSAND THREE HUN- DRED FIFTY -FIVE AND 11 /100 ($2,355.11) DOLLARS TO THE OWNERS, OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN INTER- ESTS IN A TRACT DESCRIBED HEREIN REQUIRED FOR AN UTILITY EASE- MENT; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 00313 -23 Minutes of the Regular Meeting - March 13, 1980 Mr. Lanham explained that the Administration is working with Underwood, Neuhaus and Company, in preparing to advertise the sale of certificates of obligation for $1,100,000. The estimated cost of the East District sewer line is approximately $2,300,000, but the City has approximately $1,300,000 in bond funds. The Administration had indicated previously that when the Council approves those plans and authorizes advertisement for bids, it would be necessary for the City to sell certificates of obliga- tion for the additional $1,000,000. Mr. Lanham explained that the Administration would like to sell $1,100,000 in case the engineers estimate is incorrect. The Administration will come back to Council with official documents. Consider Appointment to Civil Service Commission James Girardeau's term of office on the Civil Service Com- mission expired in January of 1980. Mr. Lanham requested Council confirmation of appointment of Craig Wooten, Executive Vice President of Texas National Bank, to the Civil Service Commission. Councilman Johnson moved to confirm the appointment of Craig Wooten to the Civil Service Commission; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Appointment of Auditor for 1979 -80 Fiscal Year Councilman Johnson moved for the appointment of the auditing firm of Gerace, Hullum, Start and Company for the 1979 -80 fiscal year; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Adjourn With no further business to be transacted, Mayor Hutto adjourned the meeting. 2� Karen Petru, Deputy' City Clerk APPROVED: P�c J P �� Eileen P. Hall, City Clerk Teas Avenue and Nca•castle V! I 1 V �'" L7f-t 1 I V YY IV TITLE: Concrete Stork •BID TABULATION • B 1 D' R�� -�, ,,. O��"E; Aiarch • 3 , 1930 � � • •� Ba town Baytown Baytown Baytown picConnell Const. Angel E uiLpm�ent Hamilton Const. Home Services Inc. ITEM Q1'Y . DESCRI PT10N NIT XTENOEO UfVIT EXTEPtOEO UNIT �v UNIT ExTEn�O • urvir _._._.�. 1 � 901 S.Y. 6" Portland cement concrete in- eluding excavation, reinforcing � . � steel, expansion material, back -• . fill � clean up. 20.27 18,384.89 20.00 18,140.00 28.00 25,396.00 34.65 31,427.55 i . 2 13,180 S.F. 4' wide Portland cement concrete • � sidewalk 4" thick including exca- , f vation, reinforcing steel, expan- sion material, backfill 6 clean up. ,1.80 5,724.00 2.75 8,745.00 2.75 8,745. 4.20 13,356.00 �3 � 100 L.F. 6" concrete curb including rein- • � � forcing steel, expansion material, ,� _ mortar, backfill tr clean up. 7.20 720.00 4.00 400.00•. 5.00 •500.00. 8.40 840.00 ,. U 4 767 S.Y. 6" lime stabilized subgrade in- � ! eluding lime or lime- slurry, lime • stabilization complete in, place. 2.39 '1,833.13 4.00 3,068.00 6.00 4,602.00 2.52 1,932.84 5 1 Lump Sunset red granite block of specs- t• � Sum Pied dimensions including concrete '. •' " pad as per specifications, freight ' b installation of block. 4,257.00 4,257.00 4,000.00 (+,000.00 3,581.00 ,3,581.00 2,800.00 x,800.00,' , ` ' � :• it�rnnte 27,258.32 ltnrnate 34,703.00 �, •� • • '• ' . ; 30,919.02 � 34,353.00 42,824.00 50,3�b.39 GROSS TOTAL " . LESS DISC.. NET TOTAL � ' � ' o� Oo Attachment "B" I 11 W to Co :7 • � � (71 0 b al' Co (f 3 0o a � 17 MM :70 to --� can • � M - - � • - b • ►+ m C=i y fD td 1-+ r M _ ° w ow 0 0 _ 0 C zIM � t 9 t~ ra �" • 40. i( .� . W O p p f�1 A rf 03 O Co O t O US - '� tT O to w iA L03 t; O A Co f9 f* - elm A S • - 03 k� Co D ;a c Cl ro Pt 0 . on i , Fr• 10 1 It1 • 2 . x Fencing of Newcastle Street Park B1D TABULATIOt11 • . .. ID' �'� � ' . ... DATE t � . �� � �• • � . • . Houston Hi• hlands Ba to�tn Ba town • J. Reeves Constructio Home Services,Inc. McConnell Constructs Faster Fence 1TEi1/1 QTY DE5CR�PTION UIUiT , EXTENDED UNI? DCT �•10E0 U IT U 1 EX ('/ UNIT EX NI 1 2,020 ft Chain link fence •• $ 5.65• $11,413 S 65.0 $23,120 $ 7.35 $14,855 $ 8.70 $27,574 _ Alternat provided: $1 - min s $1.313.00 •' !�2 - min s $I,919�00 I � U I � ,, j .• . .. � ... .• ' � •. .� - . ;. � , ,�' � • r7►a. ' L ' ' ' • $11,413 $13,120. � $14,855 GROSS TOTAL LESS DISC. � • NET TOTAL. • DEL1vERY $17,574 VI 1 1 Vi LJHI i\/yr�v .: - rt1 -`E: fiemaval of E:levaeed lJater Tanks B!D TABULATION 8U3 -S1 BID Da-� -E, March 3, 1980 • Pasadena Ba town Water Tank Service Home Services Inc. TE,V1 QTY DESCRlPT10N UNIT EXTENDED UNIT EXTENDED UNIT ND D UNIT EX ?ErNO D UNIT X NO • � 1 ;Lump � Removal of elevated water tank at Sum I site number one (Carlton and $13,550.00 $42,840.00 � Cleveland) 2 I Lump Removal of elevated water tank at � Sum site number two (S. Main and i ; Pcarcc) 13,550.00 42,8�i0.00 A ! � � 4 • 4 a� � .� • �, ! i � �. I �' ., $2�,l00.00 CROSS rora� LESS DISC. NET IOTA L DES' 'VERY $8s,680.00 TITLE: W! ND04T VAN THREE QUARTER TbN B ! D� Rn� -i�8 DA7.E� 2 -26 -80 - 9:30 a.m. . i1TEMl QTY 1 ea. di �� G1T -Y OF BAYTOWN B!D TA BULAT! ON ,,, BAYTOWN MOTORS iNC. BOB HAMRIC CHEV. BAYTOWN VINSON OODG � UNIT X EN EXTENDED UNIT EXTENDED .��...� UNlT nn�nr N oDlrc D141rF' PRIG DESC R l PTlON UNIT INDOW VAN. THREE QUARTER TON Less Discount for Payment on delivery DELIVERY A.R.O. 150 da MAKE: GMC Baytown Motors Inc. 700 West Texas Ave. Baytown, Texas 77520 r •7 s GROSS IOTA L LESS 015C. NET TOTAL $7,162.36 g7,4o6.32 57,777.21 ...� �� , $7,336.32 35 days 60 days ." Chevrol t podge '• I 1 I • �� UN �