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1980 11 24 CC Minutes, Special01124 -1 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 24, 1980 The City Council of the City of Baytown, Texas, met in special session on Monday, November 24, 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 Perry M. Simmons Mary E. Wilbanks Eileen Caffey Allen Cannon Emmett 0. Hutto Councilman Councilman Councilman Councilwoman Councilwoman Councilman Idayor Fritz Lanham City Manager Dan Savage Assistant City Manager Randy Strong City Attorney Eileen P. Hall City Clerk The meeting was called to order, Mayor Hutto announced a quorum to be present, and the invocation was offered by Council- man Allen Cannon. Minutes Councilman Johnson moved for approval of the minutes for the meeting held November 13, 1980; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Petitions Mrs. Susan Mullins presented a petition which had been signed by neighbors in the vicinity of her business at 2507 Massey Tompkins Road. The Mullins are requesting an exemption from the buffer fencing requirements under the building provisions of the City of Baytown. The Mullins feel that a six foot buffer fence to the side of their building will detract from the building which currently has a three foot decorative fence to the front and side. Councilman Cannon moved to accept the petition and refer said petition to the Administration to report back to Council; Council- man Simmons seconded the motion. Mr. Lanham pointed out that the ordinance regarding buffer fencing provides for appeal of the building inspector's decision to City Council. The Administration will place an item in this regard on the next Council agenda. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 01124 -2 Minutes of the Special Meeting - November 24, 1980 City Manager's Report The Administration had submitted an application to the State of Texas for a Coastal Energy Impact Program grant of $475,000 to make improvements at Roseland Park. Notification has been received that the city's application was not one of those that had been approved. Those projects that would benefit the largest number of people were selected. Two projects that the Administra- tion is aware that were approved are the Harris and Galveston Coun- ties' projects. There will be another opportunity to submit a grant and the decision will need to be made whether to submit the same proposal or another. The Administration advertised for bids for the sale of the • property at 514 East Texas. No bids were received. The City Attorney's office will be contacting some of the individuals who have expressed interest to determine why no bids were received. If there is still some interest in the property, the sale will be rebid. The annual Christmas Parade is scheduled for 6:30 p.m. on December 4 and members of Council are invited to participate. A letter from Iiouston Lighting and Power regarding the rates for the month of December was placed at the Council table. There is an increase of $2.10 based on 1,000 KWH from the November billing. The contractor on the East District projects has continued to make good progress and all of the eight inch gravity line has been laid on Hardin Road. Two city crews are working on the Ward Road /Kilgore Road Project. The project is approximately fifteen (15 %) percent complete. Receive Report from Clean City Commission Mrs. Jo Roosa, Chairman of the Clean City Commission, reported to Council that as a result of the educational and action activities promoted by the Clean City Commission, the Community has become litter aware which has resulted in a forty -seven (47%) percent reduction in litter since the Clean City Commission was instituted two years ago. Mrs. Roosa expressed the Commission's gratitude for Council's support and the support of the community in this endeavor. Consent Agenda Councilman Cannon requested that Item No. c be removed unless more explanation could be given to support the recommendation. Mr. Lanham explained that the Administration in the packet had failed to mention that Miracle Recreation on Item Nos. 2, 3, 4, 8, 9, 10, and 11 did not meet specifications. Also, Vaughan and Associates, Inc. did not meet specifications on Item No. 12. Councilman Cannon stated he would have no problem with allowing that item to remain on the Consent Agenda. Mr. Lanham pointed out that the Administration had recommended awarding the bid for purchase of 1980 model garbage trucks because delivery on those is 15 days. In the past when bids were taken for garbage trucks which were on the next year's model, it was well into the next year before those trucks were received. Trade -in value is not very important to the city because those trucks are used extensively before the city disposes of them. 01124 -3 Minutes of the Special Meeting - November 24, 1980 Councilman Cannon requested that the memorandum drafted by Mr. Rountree be made part of the record for documention purposes. After discussion of the individual items, the consent agenda was considered as set forth in the agenda packet as follows: Consider Proposed Ordinance, authorizing the Administration to enter into a contract with First Presbyterian Church for support of Senior Citizens Nutrition Program. The 1980 -81 fiscal year budget includes $5,000 to provide continued City support for the Senior Citizen Nutrition Program located at the First Presbyterian Church. The proposed ordinance authorized the city to enter into a contract with the First Presbyterian Church to continue operating this program with city support during the 1980 -81 calendar year. The contract provides for payment by the city of $5,000 in equal installments. The Administration recommended approval of the proposed ordinance. Consider Proposed Ordinance, awarding annual contract for purchase of oil and grease. On November 13, 1980, three bids were received for the purchase of the city's estimated annual supply of oil and grease. Tabulation of these bids is attached to minutes as Attachment A. Baytown Oil Sales submitted low bid for a total cost of $16,427.53. Purchases will be made on basis of 250 gallon minimum order. Mixed orders will be allowed under the terms of the contract. The Administration recommended approval of the proposed ordinance awarding the annual oil and grease contract to Baytown Oil Sales. Consider Proposed Ordinance, awarding bid for purchase of playground equipment. On November 12, 1980, four bids were received for purchase of playground equipment for the Parks and Recreation Depart- ment. Bid tabulation is attached to the minutes as Attach- ment B. (Memorandum setting forth explanation and recommen- dation is attached as Attachment C). Persenaire Playground Products did not bid on the arch swing. It did, however, offer a $500 discount if all items bid were purchased, as well as an additional 5% discount if cash payment is made upon receipt of the equipment. The low bid meeting specifi- cations for all items other than the arch swings totals $18,539.75. If Persenaire Playground Products discounts are accepted, the low bid for all items other than the arch swings is $17,894.44. This results in a savings of $645.31 over the individual low bids. Vaughan & Associates submitted the low bid for the arch swing at a total cost of $1,944. The total bid of Persenaire Playground Products plus the bid of Vaughan & Associates for the arch swing equals $19,838.44. Budgeted funds for the amount of $20,000 are available for ` this equipment. The Administration recommended approval of the proposed ordinance, awarding the bid for the purchase of playground equipment for all items other than the arch swing to Persenaire Playground Products and the bid for the arch swing to Vaughan & Associates. Consider Proposed Ordinance, awarding bid for purchase of rear loading solid waste collection vehicles. On November 18, 1980, six bids were received for the purchase of two rear loading solid waste collection vehicles. Bid tabulation is attached to the minutes as Attachment D. Bids 01124 -4 Minutes of the Special Meeting - November 24, 1980 Bids were requested on both gasoline and diesel engine vehicles. Davis Truck & Equipment Company of Houston submitted the low bid for the gasoline powered trucks at a total cost of $71,024. The difference in cost between gasoline and diesel fueled vehicles is $4,752. The diesel powered vehicles are normally considered to be more economical to maintain and run longer. Pre- sently, the city pays $.11 per gallon less for diesel fuel than regular gasoline. Over a five -year period, the savings resulting from purchasing diesel fuel for these two vehicles would exceed $5,000. Because the operating and maintenance costs of diesel vehicles are favorable to those gasoline powered vehicles, the pro- posed ordinance awards purchase of two rear loading solid waste collection vehicles to Davis Truck and Equipment Company. Davis Truck and Equipment Company will deliver the vehicles in fifteen days. The employees who will be assigned to drive these vehicles are drivers who were driving vehicles for the city prior to conversion to the two men side loading vehicles. The Administration recommended approval of the proposed ordi- nance. Councilman Cannon moved for approval of Consent Agenda Item Nos. a through d; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3032 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK TO FUND THE OPERATION OF THE BAYTOWN NUTRITION CENTER; AUTHORIZING PAYMENT BY THE CITY OF FIVE THOUSAND & N01100 ($5,000.00) DOLLARS WITH REGARD TO SUCH AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. ORDINANCE NO. 3033 AN ORDINANCE ACCEPTING THE BID OF BAYTOWN OIL SALES FOR THE PURCHASE OF ESTIMATED QUANTITIES OF OIL AND GREASE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. ORDINANCE NO. 3034 AN ORDINANCE APPROVING THE PURCHASE OF PLAYGROUND EQUIPMENT BY ACCEPTING THE BIDS OF PERSENAIRE PARK & PLAYGROUND PRODUCTS AND VAUGHAN AND ASSOCIATES, INC. AND AUTHORIZING PAYMENT BY THE CITY. ORDINANCE NO. 3035 AN ORDINANCE ACCEPTING THE BID OF DAVIS TRUCK & EQUIP- MENT FOR THE PURCHASE OF TWO (2) REAR LOADING SOLID WASTE COLLECTION VEHICLES AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SEVENTY FIVE THOUSAND FIVE HUNDRED NINETY SIX & N01100 ($75,596.00) DOLLARS. 01124 -5 Minutes of the Special Meeting - November 24, 1980 Consider Proposed Ordinance, Accepting Dedication of Birdsong Drive as a Public Street Several years ago, Birdsong Drive between Allenbrook Subdivision and Garth Road was paved and dedicated to the city. However, the city was unable to accept dedication of that street at that time because of pending litigation concerning ownership of some of the property involved. That matter has been resolved; therefore, the Administration recommended acceptance of this dedication. The Engineering Department has inspected the street, determining the street to be acceptable structurally, as well as drainage wise. Councilman Philips moved to adopt the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE STREET DEDICATION BY M. CECIL BOBBITT, TRUSTEE AND CONRAD MAGOUIRK, TRUSTEE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Authorizing the City of Baytown to Enter into Contract with Harris County for Continuation of the CETA Program The city expects to receive $228,999 for funding of the CETA program for a one -year period beginning October 1, 1980 to fund 20 positions - -10 in Public Works, 1 in Parks and Recreation, 1 in City Clerk's office, 1 in Municipal Court, 4 in Police Department and 2 in Water Billing. The Administration recommended approval of the ordinance. Councilwoman Caffey moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3037 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY FOR A COMPREHEN- SIVE EMPLOYMENT AND TRAINING ACT GRANT UNDER THE EMERGENCY JOBS AND EMPLOYMENT ACT. Consider Proposed Ordinance, Authorizing Lease Agreement with Exxon for 9.77 Acres of Park Purposes In accordance with a request from Council that the Adminis- tration attempt to locate park land in the Wooster area, Exxon was contacted regarding the possibility and has agreed to lease to the city for park purposes 9.77 acres located on the west side of the refinery complex just off Bayway Drive. Access to this 01124 -6 Minutes of the Special Meeting - November 24, 1980 property is available at the east end of Fortner Street. The proposed ordinance authorizes the city to enter into lease agreement with Exxon to use this property for park purposes for fifteen years. The contract provides that either party may cancel after giving one year notice. The city agrees to pay to Exxon rental equal to all annual property taxes on the property which is currently approximately $500 per year. In response to questions from Council, Bobby Rountree, Director of Parks and Recreation, stated that to develop this park as a playground, picnic area would not represent a signifi- cant budgetary impact. The one -year cancellation provision is more lenient than the 90 -day cancellation clause in the school, city park agreements. Mr. Rountree estimated that to develop the park with parking area would cost between $20,000 - $60,000. Councilman Johnson moved for adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3038 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO A LEASE AGREEMENT WITH EXXON CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Hold Public Hearing on Proposed Annexation of Willow Creek Shopping Center (7:00 p.m.) Mayor Hutto declared the public hearing on the proposed annexation of Willow Creek Shopping Center to be open and asked any person desiring to testify to register on the form provided in the hallway. No one indicated a desire to speak. The City Manager explained that the city is proposing to annex 4.079 acres of land located north and west of the intersection of Garth and Baker Roads. Owners of this property have requested annexation, along with city services. City services are avail- able to this area. Since no one present expressed a desire to speak, Mayor Hutto declared the public hearing to be closed. Mayor Hutto inquired if Council would have any objection to moving Item No. 15 to be considered after Item No. 9? There were no objections. Consider Proposed Ordinance, Amending Section 18 -4 of the Code of Ordinances to Provide a Minimum Fine for Violation of Handicapped Parking Zones The proposed ordinance provides an affirmative defense to any prosecution under the handicapped parking ordinance if such vehicle was operated by or used to transport a handicapped person or such handicapped zone was not designated by a sign at least 12 x 18 inches in size, meeting the design specifications of the manual on Uniform Traffic Control Devices published by the U. S. Department of Transportation or the bottom edge of said sign was not at least 48 inches above the ground or pavement. Also, the ordinance provides a blank minimum fine for violation. 01124 -7 Minutes of the Special Meeting - November 24, 1980 Councilwoman Caffey moved to adopt the ordinance inserting $25.00 as the amount of minimum fine; Councilman Cannon seconded the motion. Council discussed many problems that could arise with the adoption of the ordinance, but Councilman Philips pointed out that some relief needed to be granted to the handicapped and this ordinance would be a good starting place. If the ordinance is discovered to be insufficient, Council can enact amendments. Councilman Philips felt that the ordinance would be more workable if the city were to make the signs available, along with the stand. The city could take bids and sell the signs and stands just as garbage bags are sold; Council members Caffey and Cannon concurred. In response to questions from Council regarding time for the city to make the signs available for sale and how that would effect the enforcement of the ordinance, the City Attorney explained that it is an affirmative defense if the sign is improp- erly installed or if there is no sign present. Once an area is designated as a handicapped parking area and is properly marked, any one parking in that area may be ticketed. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3039 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC ", SUBSECTION 18 -52 OF THE CODE OF ORDINANCES, TO PROVIDE AN AFFIRMATIVE DEFENSE FOR PARKING IN A HANDICAPPED ZONE; PROVIDING FOR A MINIMUM FINE OF TWENTY FIVE & N01100 ($25.00) AND A MAXIMUM FINE OF $200.00 FOR VIOLATIONS OF HANDICAPPED PARKING ZONES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLI- CATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Amending the Building Code to Provide Certain Requirements for Designation of Handicapped Parking Spaces The proposed ordinance is a companion to the ordinance which Council just adopted. In the previous ordinance, a certain size and type sign is required for the enforcement of handicapped parking zones. This ordinance will change the build- ing code to require that the handicapped spaces be identified by signs depicting handicapped parking, said signs shall be 12 x 18 inches as designated in the U. S. Department of Trans- portation manual, and the bottom edge shall be at least 48 inches above the ground or pavement. Councilman Philips moved for the adoption of the ordi- nance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 01124 -8 Minutes of the Special Meeting - November 24, 1980 ORDINANCE NO. 3040 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, AMENDING CHAPTER 7, "BUILDINGS ", SECTION 7 -4.1, BUILDING CODE -- AMENDMENTS, BY ADOPTING MINIMUM REQUIRE- MENTS FOR SIGNS INDICATING HANDICAPPED PARKING; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Resolution, Requesting Assistance to Assure Proper and Expeditious Handling of the U. S. Mail From 220 West Defee Street, Baytown, Texas (U. S. Post Office) Council directed the Administration at the last meeting to prepare a resolution requesting assistance to assure proper and expeditious handling of the U. S. Mail from the main post office at 220 West Defee. The City Manager read the resolution that had been prepared. Councilman Philips stated that he had read that a new post office would not be completed for three years; therefore, he would encourage the addition of another section to the resolution suggesting that another annex be provided as an interim solution. Mr. Jim Dupree, Post Mr. Dupree explained some Council suggested certain made and suggested that p speed the construction of area. Master, was recognized by Mayor Hutto. of the problems he is encountering. areas where improvements could be arhaps the resolution would serve to a new postal facility for the Baytown Ms. Wilma Taylor, a former postal employee was present and suggested that the resolution should be forwarded to Represen- tatives Jack Fields and Mickey Leeland. Councilman Simmons stated that he supported the resolution in the hope that it would improve postal service. He inquired if the Administration could check into the traffic situation at the post office and provide more enforcement from Thanksgiving through Christmas, Monday through Friday in the area of the post office. Mr. Lanham stated that enforcement of the parking restrictions in that area would be increased. Councilwoman Wilbanks pointed out that this problem had been in existence for a long period of time and that she had no problem with supporting the resolution. Councilwoman Wilbanks moved for the adoption of the resolution; Councilman Johnson seconded the motion. Councilman Philips suggested that the motion be amended to add provision in the resolution that an interim plan be developed for an annex. Councilwoman Wilbanks felt that what the resolution should do is call attention to the fact that there is a prob- lem and leave the solution to that problem to the postal authorities. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, and Caffey Mayor Hutto Nays: Councilman Cannon 01124 -9 Minutes of the Special Meeting - November 24, 1980 RESOLUTION NO. 753 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN REQUESTING THAT U. S. POSTAL SERVICE TAKE MEASURES TO ASSURE PROPER AND EXPEDITIOUS HANDLING OF THE U. S. MAIL FROM 220 WEST DEFEE STREET, BAYTOWN, TEXAS. Consider Proposed Ordinance, Amending Section 27 -74, Street Lights of the Subdivision Regulations The proposed ordinance was discussed at the last Council meeting and the Administration was asked to put this item back on the agenda. For many years, the amount cities have paid for street lighting has not covered the cost of operation and maintenance. The Public Utilities Commission has advised cities and the power company that the charges levied for street lighting should be sufficient to cover the cost of installation, mainte- nance and operation. The Public Utilities Commission provided that this transition could take place over a period of several years. The last time Houston Lighting and Power submitted a request for rate increase, the Public Utilities Commission indicated that there should be an increase for charges of street lighting. The ordinance that the City of Baytown has been oper- ating under has been in existence without any charge since 1968. Houston Lighting and Power has provided Council with a packet of information which sets forth the costs for street and protective lighting service. In that information, the monthly rates, plus estimated fuel charge for mercury vapor and high pressure sodium vapor lighting is included. Most of the newer subdivisions of Baytown have the 3300 lumen mercury vapor lighting which monthly cost for that if serviced underground is $9.35, plus the fuel charge per month. The high pressure sodium vapor, 9500 lumen is $18.00, plus fuel paid by the city and /or developers is the monthly charge. Between 1 and 18 homes, the cost for installa- tion is $320 per lamp; between 20 and 29 homes, $140; 30 or more, $75. This is not the actual cost. The power company will continue to absorb a portion of the actual cost. The company's contribution toward installation of 3300/9500 lumen lamp is $540. The policy for a number of years has been that the developer will pay the city's cost for the first five years which for many years was $30 per year per light. The costs now is considerably more as indicated above. The ordinance that has been drafted is based on the subdivider paying the initial charge whatever that amount is, plus the monthly charge for a three -year period. The ordinance is based on use of the high pressure sodium vapor lamps. Mr. Lanham stated that Council could consider whether to require street lighting; however, most citizens do want lighting. The city could pay the total cost, but there are many sections of the city which have no lights or minimal lighting which would expect lights to be provided. Council could adopt the ordinance provided or require lights to be installed with the subdivider paying for the cost of installation and the city paying from the beginning the monthly service costs. If the city lights a thorough- fare, the city pays the costs from the beginning. This could be treated in the same manner as water and sewer, the subdivider installs those facilities, but is not required to pay the cost to maintain those systems. Councilman Philips pointed out that the high costs of light- ing will make it mandatory for the city to move away from providing this service. 01124 -10 Minutes of the Special Meeting - November 24, 1980 Perry Walker, representative of the builders and devel- opers, was recognized by Mayor Hutto. Mr. Walker stated that that group is as concerned about street lights as everyone else. In the past, street lights have been installed in most subdivisions and the builders and developers feel street light- ing is a good thing. However, with the rising costs, that group is not convinced that this is necessarily the best approach. He pointed out that with the adoption of the proposed ordinance, developers would be paying $997.94 per light initially which is substantial. The developers feel that this cost is excessive to provide street lighting. He pointed out that in one instance, residents of a new subdivision opted for no lights. In response to a suggestion that perhaps the homeowner could pay for the light through a contractual arrangement, Mr. Schaefer explained that he is unaware of any private contractual agreement for payment of street lights within any incorporated city. Mr. Walker stated that Mr. Lanham had a good point when he suggested that the expense be shared between the developers and the city and if it is a feasible thing, the developers would support that approach. Councilman Cannon felt that to completely eliminate the requirement for street lights might be a bit radical, but if Council did decide to do this, Council should also consider phasing out existing lights other than at intersections; Councilman Philips agreed. Councilman Cannon suggested that Council might want to consider reducing the number of lights and participating in the costs. The other alternative would be for individuals to install lights of their own choice, if they elect to have lighting. Councilman Cannon stated that this would be an alternative to put in minimum lighting and if the homeowner wants additional lighting, leave it to him to decide what and how to obtain that lighting. Mayor Hutto stated that he had no problems with the city participating or paying all the costs. It is up to the city to establish standards for the number of street lights necessary in a subdivision, but he had second thoughts about making street lights optional because in smaller subdivisions no street lights would be provided. Mr. Walker stated that the builders and developers would like to see the ordinance amended to make it optional for the developers to install either the mercury vapor or high pressure sodium vapor lamps. The developers feel that the 3300 lumen mercury vapor lights have been used for a long while and are adequate; therefore, as long as Houston Lighting and Power will furnish this type light, the developers would like to have that option. Councilman Cannon stated that for the time being perhaps Council would want to consider participation cost with the developer, along with spacing the lights out more. Eventually, Council will need to consider having the citizen absorb the full cost of street lighting. Mr. Lanham explained that one reason that the Administration had recommended the high pressure sodium vapor lights was that fewer lights would be necessary. 01124 -11 Minutes of the Special Meeting - November 24, 1980 Councilman Philips stated what needs to be done is to cut street lighting back to a minimum which will be to the benefit of the city, as well as the developers. That way the developers could pay the installation cost and the city the maintenance cost. Councilman Cannon pointed out that a citizen may come in on his own to request street lighting. The Mayor's response was that if the citizen is willing to pay for the light, he can see no objection to the citizen having the light. Mr. Walker pointed out that in many of the subdivisions many of the lights cannot be eliminated because those lights will be located in strategic areas. Mr. Walker state that the developers would like for the street lights to be optional, but if there is another option which is feasible, the developers would be open to an alternative. Mr. Lanham inquired if Council would like the Administration to rework the ordinance and instead of requiring sodium vapor go back to the 3300 lumen mercury vapor. Council also suggested that the Administration determine what the budgetary impact would be if the city is made responsible for the operating cost or if the city assumes full responsibility for providing street lights. The Administration will work up alternatives for consider- ation at the next Council meeting. Consider Proposed Ordinance, Authorizing Final Payment to Con- struction Specialist, Inc. for 1979 Community Development Program Street and Drainage Improvements - Cedar Street This ordinance authorizes final payment to Construction Specialist, Inc. for 1979 Community Development Program Street and Drainage Improvements - Cedar Street. The total cost for this improvement is $368,483.60. There were some substantial overruns for extra work which in many instances had to do with an old water line system that the Administration was unaware existed. The work is satisfactory and the Administration rec- ommended final payment. Payment will be made from the Community Development funds. In response to a question from Council, the work has been satisfactorily completed including cleanup. Councilwoman Caffey moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3041 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO CONSTRUCTION SPECIALIST, INC. FOR 1979 COMMUNITY DEVELOPMENT PROGRAM STREET AND DRAINAGE IMPROVEMENTS - CEDAR STREET. 01124 -12 Minutes of the Special Meeting - November 24, 1980 Consider Proposed Ordinance, Amending the Water and Sewer Extension Policy The proposed ordinance amends the ordinance adopted several months ago to provide clarification as follows: 1. Section 25 -13 regarding advance payment is changed to indicate that the Director of Public Works shall determine the amount of advance payment required for extending water and sewer lines and in no event shall this amount be less than one half of the estimated cost of the project. 2. Section 25 -20 pertaining to the application for the extension, requires the developer to submit plans and specifications to the director prior to beginning construction. 3. Section 25 -21 presently requires the developer to pay in advance all costs associated with the exten- sion of water and sewer lines to the city prior to award of the contract. This section is modified to add a requirement that the developer shall pay for any change orders or cost overruns associated with the construction of necessary water and sewer lines prior to the city providing the services to his prop- erty. 4. Section 25 -23 is amended by adding the words "to the developer." 5. Section 25 -32 pertaining to exceptions to the con- nection charge is amended by adding to Subsection 5 that the owner or developer will receive a credit for his connection charge because he paid for the line. 6. Section 25 -35 pertains to commitment of capacity is amended by adding that owner or developer may receive a commitment for a capacity by paying the director the appropriate connection charge. 7. Section 25 -40 is amended to clarify the requirement that each person contributing to the original cost of the line shall receive refunds in proportion to their percentage share of the original cost. 8. Section 25 -41 is amended to limit the full recovery of costs to an amount that would not exceed the difference between the owner's original share in the development cost and the connection charge that would apply against the owner's property which is served by the improvements. 9. Section 25 -43 is amended to establish a method for recording requests for refunds. The Administration recommended approval of the ordinance. Councilman Philips moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 01124 -13 Minutes of the Special Meeting - November 24, 1980 ORDINANCE NO. 3042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN REVISING AND AMENDING THE WATER AND SEWER LINE EXTENSION REGULATIONS; REPEALING ALL ORDINANCES IN DIRECT CONFLICT; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF $200.00; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Approving Parks and Recreation Policy Manual The Parks and Recreation Advisory Board has approved two changes in the department's policy manual. One change involves the requirement of a deposit for the use of rooms in the Community Center when food and drinks are to be served. The deposit would be based on the size of the rooms. In the auditorium the deposit would be $50. In meeting rooms the deposit would be $25, and in the activity rooms the deposit would be $15. The deposit would be refundable if no problems are encountered in cleaning up after the activity. The Community Center Supervisory would be given the authority to determine whether to forfeit the deposit. The second change to the policy manual would be to eliminate the practice fee for the use of the softball fields during daylight hours. The present fee is $2.00 for every 11 hours in which the fields are used without lights. Councilwoman Caffey moved to approve the two changes to the Parks and Recreation Policy Manual; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Authorizing Reduction of Retainage on Garth Road Water and Sewer Line Project These lines have been completed and are in use but the final cleanup cannot be accomplished until the Garth Road paving contractor completes his work. Therefore, at present ten (10 %) percent of the water and sewer line contract is being withheld -- $105,825.11, which the Administration feels is more than necessary to cover the cost of the remaining work. Therefore, the Administration is recommending that Council authorize the payment of $55,825.11, with $50,000 retainage. Mayor Hutto stated that he had spoken to the foreman on this job who stated that there remains at the most $5,000 worth of clean- up to be performed on this job and the company is concerned at the amount of time it will take for the contract on the paving project to complete that contract. The Mayor pointed out that the con- tractor on the water and sewer line project had a performance bond in effect which should protect the city. Councilman Philips differed with the Mayor, in that he felt the performance bond would not give adequate coverage if there should be any mechanicmen's liens. Mayor Hutto added that he felt it to be unfair to hold $50,000 when the contractor had performed his portion of the contract to the best of his ability. He felt that the city should withhold an amount, but not that great an amount. 01124 -14 Minutes of the Special Meeting - November 24, 1980 Councilman Cannon pointed out that the usual procedure is to withhold ten (10 %) percent and the Administration is rec- ommending that the retainage be reduced to five (5 %) percent. Councilman Cannon moved to approve the Administration's rec- ommendation that $50,000 be retained on the Garth Road water and sewer line project. Councilman Philips seconded the motion. Councilman Philips stated that in no event should the city pay anymore money until the contractor provides a notarized statement that all his mechanicmen's liens are paid. Mr. Dykes stated that the BAWA water line contractor should be complete within 30 days, at that time the line can be tested, and the Administration would be ready to rec- ommend reduction of the retainage if the line tests favorably. Council requested that the Administration bring this back to Council in 30 days to consider release of more of the retain - age amount. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None In considering the meeting schedule for December, Council decided to hold the regular meeting scheduled for December 11 and hold a special meeting if necessary. There being no further business to be transacted, the meeting was adjourned. P't . -.,.2 P 14" Eileen P, al , City Clerk CITY OF BAYTOWN TITLE= ANNUAL OI L AND GREASE CONTRACT BID TA 6ULAT1 ON BID: _ 8011 -13 DATE. 11-13 -80 - 9:30 a.m. TENT QTY DESCRIPTION UNIT EXTENDED UNIT ExTEN0E0 HOMETOW UN1T ND D UNIT EXTENO D UNI Xi ND ANNUAL OIL AND GREASE CONTRACT Per specifications APPROX. 1. 402 gal. Motor Oil, 30 wt., 24/1 qt. cans $2.9167 $ 1,172.51 $2.98 $ 1,197.96 $4.10 $ 1,648.20 2. 825 gal. Motor Oil, 30 wt., 55 gal. drums 2.6409 2,178.74 2.78 2,293.50 2.78 2,293.50 3. 204 gal. Motor Oil, 40 wt., 24/t qt. cans 2.9167 595.00 2.98 607.92 4.10 836.40 4. 825 gal. Motor Oil, 40 wt., 55 gal. drums � 2.6409 2,178.74 2.78 2,293.50 2.78 2,293.50 5. 660 gal. Solvent, 55 gal. drums 1.75 1,155.80 1.88 1,240.80 2.50 1,650.00 6. 25 lbs. M.P. grease cartridges per lb. .85 21.25 .768 19.20 1.00 25.00 7. 1,540 lbs. M.P. gear oil, 55 gat. drums .415 639.10 .43 662.20 .61 939.40 8. 105 lbs. E.P. Lithium Grease, 1/55 ^.51b. tub .5962 62.60 .51 53.55 .61 64.05 9• 330 gaT. Multi- Vscosity Motor Oil 24/1 qt. cans 3.2266 1,064.78 4.34 1,432.20 4.34 1,432.20 10. 275 gal. ATF, Dextron II., 55 gal. drums 2.58 709.50 3.08 847.00 3.30 907.50 11. 275 gal. ATF, Ford type, 55 gal. drums 2.58 709.50 � 3.08 847.00 3.30 907.50 12. 660 gal. Tractor Fluid, 55 gal. drums 2.80 1,848.00 3.16 2,085.60 3.16 2,085.60 13. 1,650 gal. H.D. Hydraulic Fluid, 55 gal. drum 2.48 4,092.00 2.22 3,663.00 2.22 3,663.00 TOTAL BID: $16,427.52 17,243.43 1fi,745.85 DRUM DEPOSIT 55 gal. charge $15.00' -0- $20.00 55 gal. credit 15.00* -O- 20.00 tOnly fo Varsol drums (iKV55 1 V I H L LESS DISC. SET TOTA L ai z w x t� N H CITY OF BAYTOWN TITLE= PLAYGROUND EQUIPMENT BID TABULATION BID sol] -18 DaTE� 11 -12 -80 - 9:30 a.m. TEM QTY DESCR1PTlON PERNirAIR�TENOEOPI LE RECRN� ION PUNIT � AEXTEN UNITAN EXTENOEOES UN1T 0 UNIT X NO PLAYGROUND EQUIPMENT per specifications 1. 2 ea. Whirl $ 563.0 $ 1,126.00 $ 567.0 $ 1,134.00 $ 626. 0 $ 1,252.00 NO BID 2. 2 ea. Tot Swing 514.0 1,028.00 583.0 1,166.00 430. 0 860.00 NO BID 3. 6 ea. Saddlemate Units 136.0 816.00 154.0 924.00 123. 0 738.00 NO BID 4. 2 ea. Buck -A -Bout 831.0 ],662.00 835.0 1,670.00 445. 0 890.00 NO BID 5. 4 ea. Aluminum Park Benches 86.0 344.00 111.0 444.00 122. 0 488.00 NO BID 6. 2 ea. Cliff Hanger Bridge 735.0 1,470.00 573.0 ],146.00 531. 0 1,062.00 NO BID 7• 20 ea. Aluminum Park Table 216.8 4,336.00 203.0 4,060.00 234. 0 4,680.00 NO BIO 8. 2 ea. Basketball Backboard, Goalb Supp. 324.5 649.00 305.0 b10.00 305. 0 610.00 $ 385.0 $ 770.00 l�� 2 ea. Arch Swing NO BID r 972.0 1,944.00 1,146. 0 2,292.00 1,170. 2,340.00 10. 1 ea. Mufti -Tower Wood Unit 3,095.5 3,095.50 3,583.0 3,583.00 1,636. 0 1,636.00 NO BID 11. 2 ea. Athletic Backstop 1,222.7 2,445.50 1,144.0 2,288.00 1,089. 0 2,178.00 ],550.0 3,100.00 12. 35 ea. Park Stove 67.5 2,364.25 66.0 2,310.00 73. 0 2,555.00 �NO BID TOTAL BID *$19,336.25 $21,279.00 $19,241.00 $6,210.00 DELIVERY ARO 30 - 45 days 30 - 45 days 30 day 30 days *Deduct dditional 5500.00 if awarded all ite s bid. A 5% cash discount is also offered CROSS rora� LESS DISC. NET TOTAL Il Fl I \ /FRY -- -- .__ _ _ .______ __ _ - . - .�� _ v ATTACHMENT "C." MEMORANDUM TO: Fritz Lanham, City Manager FROM: Bobby Rountree, Director Parks and Recreation DATE: November 17, 1980 SUBJECT: Playground Equipment Bids The following bids were received for playground equipment to be used at Bayland Park, Barkuloo Park and replacement items at various parks. I. Persenaire Playground Products Item # Each Total I. Whirl (2) $ 563.00 $ 1,126.00 II. Tot Swing (2) 514.00 1,028.00 III. Saddlemate Units (6) 136.00 816.00 IV. Buck -a -bout (2) 831.00 1,662.00 V. Aluminum Park Benches (4) 86.00 344.00 X. Multi Tower Wood Unit 3,095.50 3,095.50 XII. Park Stoves (35) 67.55 2,364.25 $10,435.75 In items II and III Miracle does not meet the weight specifications. In item IV Miracle bid a smaller unit. In item X Miracle bid a completely different piece of equipment than was specified. In item XII Vaughan and Associates did not meet weight specifications. II. Vaughan and Associates, Inc. $10,048.00 In item VIII Miracle does not meet the goal specifications. In items VI and X Miracle bid a completely different piece of equipment than specified. In item XI Miracle bid a smaller backstop. Item # Each Total VI. Cliff Hanger Bridge (2) $ 573.00 $ 1,146.00 VII. Aluminum Park Tables (20) 203.00 4,060.00 VIII. Basketball Goals & Supports (2) 305.00 610.00 IX. Arch Swing (2) 972.00 1,944.00 XI. Athletic Backstop (2) 1,144.00 2,288.00 $10,048.00 In item VIII Miracle does not meet the goal specifications. In items VI and X Miracle bid a completely different piece of equipment than specified. In item XI Miracle bid a smaller backstop. ATTACHMENT "C." (CONT.) The following options are available: 1. Total low bid meeting specifications - $20,483.75 2. Persenaire Playground Products did not bid on the arch swing. Total low bid with the $500.00 discount totals - $19,336.25 500.00 discount $18,836.25 Total low bid meeting specifications less the arch swing - $20,483.75 1,944.00 $18,539.75 3. (a) Persenaire Playground Products bid with the $500.00 discount and the 5 percent discount with order - $18,836.25 Qd1 Q1 41 1,5y4.gq (b) Arch swing to Vaughan & Assoc. 1,944.00 $19,838.44 Persenaire Playground Products is a reputable firm that we have worked with for years. Their delivery is good, their equipment is of the highest quality and they stand behind their product. If Persenaire Playground Products' discounts are accepted, we would realize a savings of $645.31. I recommend we accept option 3 and take advantage of the available discounts. bobby Rountree, Director Parks and Recreation Department BR /as A H w x H GITY OF gAYTOWN TITLE= REAR LOADING SOLID IJASTE COLLECTION VEHICLES gID TABULATION 8 � D: 1,_20 DATE 11 -18 -80 - 9:30 a.m. TEM QTY DESCRIPTION DAVIS TRUCK b EQUIPT TEXAS MUN. TRUCK b E .PORT CITY FORD TR. AMBASSADOR EQUIPT. UNIT EXTENDED UNIT EXTENDED UNIT NO D UNIT EXTEND D UNI X N REAR LOADING SOLID WASTE COLLECTION VEHICLES 1. 2 ea. per specifications - Diesel $37,798. 0 $40,557. 0 $40,675. 0 542,297. 0 $75,596.00 $81,114.00 $81,350.00 584,594.00 Truck Make � Model � GMC Dies 1 7000 GMC C7D 2 Ford L 000 Ford LN8 00 Truck Year 1980 1981 1981 1981 Body Make s Model Heil - 4 00 Pak -Mor R220 Pak -Mo R220 Loadmast r LM320 ALTERNATE lA. 2 ea. per specifications - Gasoline $35,813. 0 $35,512. 0 NO BID NO BID S71,626.00 $71,024.00 Truck Make � Model Ford - LN 800 GMC C7D 2 Truck Year 1981 1981 Body Make E Model Heil - 4 00 Pak -Mor R220 DELIVERY: ]5 days 90 - 12 days 30 - 40 days January 81 CROSS rora� LESS DISC. NE7 TOTAL DELIVERY ,-, E-� z O .� A z x U H Ey CITY OF BAYTOWN TITLE: REAR LOADING SOLID WASTE COLLECTION VEHICLES CONT: B 10 TABULATION BID 0ll -20 DATE TEM QTY DESCRIPTION GULF STATE CRANE TRUCKS OF TEXAS EXTENDED UNIT EXTENDED UNIT N UNIT EXTEND 0 UNIT EX ND KNIT REAR. LOADING SOLID WASTE COLLECTION VEHICLES 1. 2 ea. per specifications - Diesel $46,890. 0 S1+1,555 00 593,780.00 $83,110.00 Truck Make E Model Ford - LN 8000 GMC - C D042 Truck Year 1981 1981 Body Make S Model Leach - aniCruiser Leach - Sanicruiser lA, ALTERNATE per specifications - Gasoline $38,586. 0 NO BID $77,172.00 Truck Make � Model Ford - L 8000 � Truck Year 1981 Body Make ri Model Leach Sa iCruiser DELIVERY 30 0 45 ays 10 days ALTERNAT lB. Demonstr for - 1980 Ford LN8 00 with Leach Sa iCruiser _ Body. 2, 00 miles Diesel E gine 1 Truck 44,178.90 GROSS TOTAL LESS DISC. NET TOTAL nELIVERY i�