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1981 02 12 CC MinutesW 10212 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 12, 1981 The City Council of the City of Baytown, Texas, met in regular session on Thursday, February 12, 1981, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the fol- lowing members in attendance: Fred T. Philips Jimmy Johnson Perry M. Simmons Mary E. Wilbanks Eileen Caffey Allen Cannon Emmett 0. Hutto Fritz Lanham Dan Savage Randy Strong 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 with a quorum present and the invocation was offered by Councilwoman Wilbanks. Mayor Hutto expressed his deep appreciation for the expressions of sympathy in the recent loss of his father. Minutes Councilman Johnson moved for the approval of the minutes as submitted; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Petitions None. City Manager's Report Flood Insurance - At the last meeting, Council had requested information regarding flood hazard zones and flood insurance. Mr. Lanham referred to maps that had been posted which depicted the various flood zone situations for Baytown. There are three zones A thru C. Zone A is the area most prone to flood. Flood insurance has recently increased and the cost for providing flood insurance is based upon a base rate of $20.00, plus coverage for contents and building. A single story home worth $60,000 with $15,000 content in Zone A would cost $192.50 per year to insure, while the same home in Zone C would cost $90.00 a year to insure. Most of the city is in Zone C. Council requested help from the news media to inform citizens of this increase. Postal service - Representative Jack Fields has scheduled a meeting on March 2 at Jacinto City City Hall Council Room to discuss postal service. Representatives of the postal 10212 -2 Minutes of the Regular Meeting - February 12, 1981 service will be present. From 8:00 a.m. to 10:00 a.m. elected officials will be heard and from 10:00 a.m. to 12 noon, the general public will be heard. Mayor Hutto will represent the City of Baytown at this meeting. Entex, Inc. Cost of Gas Adjustment - The Administration has received notification from Entex, Inc. of a cost of gas adjustment which will represent an increase of approximately $.77 per month of 6,000 cubic feet. This increase will go into effect after February 5. Proposed Heliport - The Administration has receive notice from the FAA of a proposed heliport to be located on Garth Road south of Cedar Bayou Lynchburg Road. The application was submitted by Gene Branscome Investments. The City of Baytown does not regulate establishment of heliports, but does receive notices of such application from FAA. Criminal Justice Planning Fund - At the last Council meeting, Council discussed the legislation proposed by the Governor regarding the establishment of the Texas Criminal Justice Plan- ning Fund. This was favorably considered by the Senate. Local Regulatory Authority - Two years ago Council took the position that local regulatory authority over electrical and gas utilities should be maintained. Again, the legislature will be considering this question. Council indicated to the Administration that the position should be maintained. Capital Improvements - All subcommittees of the Capital Improvements Committee have been named and several have sched- uled meetings. Sick Leave Usage - The year -end sick leave report indicated .5o decline in sick leave usage for those persons now employed which compares very favorably with other organizations with respect to sick leave usage. 1981 Street Improvement Program - The Administration is working on the plans and specifications for the 1981 Street Improvement Program based on the list of streets approved by Council. The Administration plans to present those to Council at the February 26 meeting. East District Sewer Line - The contractor on the East District Sewer Line has virtually completed the job. There remains some cleanup and minor connections to be completed. Drainage - City crews are working on Marvin Road which is 50% complete; East Ward /Kilgore Road Project is approxi- mately 6076 complete. The Administration provided Council with a list of sub- divisions, as well as commercial development that had received approval of drainage plans. The developers of Country Meadows had appeared before Council concerning their drainage plans and had been directed to Mr. Dykes, City Engineer /Director of Public Works. Since that time, that subdivision's plans have been reviewed and approved. Community Development - The Administration has received notification from the Department of Housing and Urban Develop- ment that the anticipated allocation for Community Development Funds for fiscal year 1981 is $665,000 which is a 2% reduction which has applied proportionately to all sections of the program. 10212-3 Minutes of the Regular Meeting - February 12, 1981 Data Processing - Dan Savage, Assistant City Manager, gave Council a broad overview of what the city is doing in the area of data processing. Currently, on the computer at city hall there is a payroll system, budgetary accounting system, payable system, tax and water billing systems, and a municipal court bond report. The computer at city hall is a Honeywell which was acquired in 1974 which is a batch oriented machine. At city hall there are two persons who are involved in the staffing of the computer operations -- computer operator and keypunch operator. In addition to the two people at city hall, there is a computer operator and keypunch operator working in computer operations at the police building. One of the keypunch operators at city hall is capable of operating the computer. Currently, the only new system which is being developed is the police application. That application is the result of the city's efforts to obtain an LEAA Grant that was released through the Texas Criminal Justice Council. Work under that grant began in December, 1979. That grant period expired in November, 1980. The police system itself is a fairly sophisticated system which involves an on -line opera- tion. In the police system there are six files which have been linked -- name file (names, nicknames or alias), numbers file (driver's license, social security or other unique identifiers), physical description file (height, weight, race, sex, other physical identifiers), address file (residence, place of birth, employment), incident file (documents particular offense for which arrested) and vehicle file (describes the vehicles associated with an individual or incident). These basic files are in place and are linked together. The capability is there to retrieve this information. There are as many as 64 variables. In September, 1980, a basic decision was made in terms of the police program to provide a jail system capability which was not involved in the original concept of the police system. That design problem has been resolved and the work on programming is in process. Mr. Savage estimated that by March, 1981 the programming for the jail system will be complete. At that point in time, the basis of the nucleus of the police system will be in place. There are a number of output reports that will remain to be programmed. Design of the police system was tailored to feed into the municipal court system; however, the detail design of the municipal court system has not begun. In terms of the existing system, a committee has been formed to review the status of current programs and that committee will try to reach a consensus in terms of direction needed regarding existing financial programs and also efforts in other areas such as public works and personnel. In terms of the report to be presented by the auditor, Mr. Savage stated that there are comments in the report which he strongly agrees with and that he felt that there are weak- r111 nesses in the data processing area in terms of capabilities in the financial area and certainly that would need work. There are funds in the budget to acquire additional hardware for applications beyond the police system. Specifications will be developed based on estimate of equipment needs beyond the police system and those plans will be presented to Council for consideration sometime in mid - spring. In response to a question from Council, Mr. Savage explained that the design work and analyses work on the police application is being performed by Bob Greer, Consultant, along with Charles Shaeffer, Police Sergeant. During the 10212 -4 Minutes of the Regular Meeting - February 12, 1981 grant period, Sergeant Shaeffer worked strictly on the computer; however, since that time he has been dividng his time. He does meet with the computer staff and consultant on Monday afternoon to plan the weeks work. Councilman Cannon commented that some of the same comments were made this year in the auditor's report as last year. He felt that the auditor's report should not be taken lightly and that those comments need to be addressed. If the problem is that there is not enough expert help, Council should be advised. In response, Mr.. Savage explained that last year, the city was obligated to the police system due to grant obligations. Councilman Philips stated that the city is investing more and more time and staff toward data processing and it is obvious that the program could go on and on. Therefore, he supports Councilman Cannon's - position that more needs to be done on the financial aspects. The cost to benefit ratio needs to be considered. In response to a question from Council, Mr. Savage explained that there would be a built in factor to purge police and court files when the records are no longer useful. At present for instance there are 80,000 records in the computer which repre- sents information on 9,000 individuals. Purging will be a standard procedure in file maintenance. Questions and Comments Regarding City Manager's Report Councilman Philips expressed concern related to community unrest in the area where the county is performing work under its community development program. He requested that the Administration be sensitive to this situation and do everything possible to keep access to driveways and property available wherever possible. The Administration has been attempting to keep shell in the area; however, there will be several days when residents will need to park and walk. Councilman Cannon suggested that at the intersection of Garth and Park the city might consider installing a right turn arrow to turn right from Park onto Garth. He suggested that other intersections in the city be considered for this type installation in order to facilitate the movement of traffic. Councilman Johnson mentioned that the light at the Olefins plant is cycling on weekends. Council requested the Adminis- tration study the possibility of removing the light. Council discussed the proposed early release program of the Texas Department of Correction. The Governor has indicated that he will be scrutinizing the proposal very carefully. After the Governor takes a position, the Council may discuss this matter further. Representative of Timber Ridge Addition Appeared Mr. Damon Davenport, 3315 Cedar Hollow, representative of the Timber Ridge Civic Association, appeared with regard to cost of water to that addition. Mr. Davenport explained that Timber Ridge consists of 49 lots with 28 homes. The addition is located off Cedar Bayou Lynchburg Road, about one mile east of Sjolander Road. Perry Walker developed Timber Ridge and installed the two water wells and waterlines that are now in use. In 1978, at Mr. Walker's request, the City of Baytown 10212 -5 Minutes of the Regular Meeting - February 12, 1981 assumed the responsibility of water wells, along with main- tenance and billing. The residents of Timber Ridge pay twice the base and one and one -half times the rate for water used. Due to the cost of transferring to a surface water system, the city has doubled the rate charged for water which has been passed along to the residents of Timber Ridge based on the above mentioned formula. The fact that this addition is on a separate system altogether than the surface water system, the residents of Timber Ridge feel that they will not have the benefits of the more costly surface water that will be used inside the city limits. The residents also feel that the city has not incurred any additional costs in maintaining the water wells as a result of transferring to the surface water system. Therefore, the residents of Timber Ridge are requesting that City Council consider charging Timber Ridge users the current rate or a rate in parity with city dwellers. In response to a question from Council, Mr. Lanham explained that the justification for charging consumers outside the city twice the base and one and one -half times the rate for water service was that water facilities and sewer facilities that have been constructed through the years for the most part have been funded with tax bonds and persons who reside outside the city limits do not pay taxes. However, upon conversion to surface water, the surface water rates are sufficient to pay principal and interest on bonds to build the water plant and the trans- mission lines to bring the water. The surface water facil- ities will be funded through revenue bonds. Therefore, the Administration suggested that Council allow the Adminis- tration to look at the present policy with regard to all users of water outside the city and come back to Council with a recommendation. Councilman Cannon stated that Mr. Davenport made a good point, but by the same token, the City of Baytown was forced to go from ground water to surface water because Baytown was contributing to subsidence. Therefore, city dwellers are having to pay increased rates while the resi- dents of Timber Ridge are continuing to withdraw ground water which is a factor. Councilman Philips stated that the city would need to be careful not to establish a policy which would encourage ground water usage. Mr. Davenport responded that he understood what Council was saying; however, Timber Ridge Subdivision is a special case and the residents of that area would not be addressing Council had a surface water line been installed to that area. Mayor Hutto stated that the Administration would look into the matter and report back to Council. Receive Annual Audit Report Dave Start with the firm of Gerace, Hullum, Start & Company, Certified Public Accountants, presented the audit report for the year ending September 30, 1980. He reported that the basic financial statements were prepared on an accrual basis which is the same basis that the March 31 report was prepared. Accrual basis recognizes revenues when earned rather than when collected and recognizes expenses when incurred rather than when paid. Due to the change from cash to accrual basis, there are certain increases in the asset 10212 -6 Minutes of the Regular Meeting - February 12, 1981 and liability accounts, particularly in the area of taxes where amounts are recognized as having been earned, but as of year end not collected. Mr. Start briefly reviewed the audit report and explained that the auditors' opinion concerning the financial statements of the City of Baytown contained two exceptions -- lack of general fixed assets and consistency exception which deals with the change in accounting principal. The auditors concur with the change from cash to accrual basis. A management letter was fur- nished, along with the audit report, which lists six areas that need special attention. The first three points are points which have not been made in the past, while the three remaining points have been made in prior years. Councilman Cannon requested that the Administration develop a response to the six points raised by the auditors. Councilman Cannon moved to accept the audit report; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Greg Brittian, Antenna Maintenance, Inc. Will Appear Mr. Brittian has requested to appear at the next Council meeting. Consider Proposed Ordinance, Extending New Franchise Agreement with Teleprompter, Inc. for Cable Rate Increase Since the last meeting, the proposed contract has been altered to provide that the city can regulate cable rates as opposed to regulation of rates in general and Section 17(a) was reworded to indicate that the company shall offer 15 channels rather than shall provide 15 channels. The franchise is a non - exclusive franchise which retains the three (3 %) percent gross fee. Teleprompter is agreeing to make service available to the entire city as it now exists within two years and will post $250,000 to insure this accomplishment. If Teleprompter should fail to accomplish this goal, the franchise agreement may be terminated. Since the proposed ordinance deals with a franchise, there must be three readings. Bob Grady, the local manager for Teleprompter, was present and explained that cable rate is anything that has to do with subscribers directly. Other rates that may become involved are those that would be advertising rates. At present, the city has not elected to set rates for cable television service, but according to the proposed franchise agreement, the city would certainly have that option. Councilman Johnson moved to adopt the ordinance on first reading, including the two changes described by the City Attorney; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 10212 -7 Minutes of the Regular Meeting - February 12, 1981 ORDINANCE NO. 3074 AN ORDINANCE GRANTING TO SOUTHWEST VIDEO CORPORATION, INC., (WHOLLY OWNED SUBSIDIARY OF TELEPROMPTER CORPOR- ATION) THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF BAYTOWN, TEXAS, A CABLE SIGNAL DIS- TRIBUTION SYSTEM AND BUSINESS FOR THE PURPOSE OF OPERA- TING A RADIO AND TELEVISION SIGNAL SYSTEM TO RECEIVE, AMPLIFY AND DISTRIBUTE TELEVISION AND RADIO SIGNALS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, RE- PAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES AND ALLEYS OF THE CITY OF BAYTOWN A SYSTEM OF POLE LINES, POLES, FACILITIES AND APPURTENANCES NECESSARY FOR RECEIVING, ORIGINATING, RELAYING AND DISTRIBUTING AUDIO AND VIDEO SIGNALS AND AUDIO AND TELEVISION ENERGY TO SUBSCRIBERS LOCATED IN AND ABOUT THE CITY OF BAYTOWN, TEXAS, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREINAFTER BE EXTENDED; PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF THE SYSTEM INSOFAR AS IT AFFECTS THE USE OF PUBLIC PROPERTY FOR THE PURPOSE OF SUCH SYSTEM, PRESCRIBING RULES AND REGULATIONS GENERALLY FOR THE OPERATION OF SUCH SYSTEM UNDER THIS FRANCHISE; AND PROVIDING FOR THE ACCEPTANCE OF THIS FRANCHISE BY THE COMPANY. Consider Proposed Ordinance, Delaying Water Rate Increase Council approved a water rate increase with the thought that surface water would be available by this time; however, the Angleton Construction Company has been unable to meet the pressure test requirements for the transmission lines. Welders are presently working to repair leaks that develop in the pressuring of the line this week. The Administration recommended that implementation of the increased rates be delayed one month so that the increase would be included in the bills to be mailed in March. In response to a question from Council regarding how this delay will effect revenues, Mr. Lanham explained that expenditures will be less since the plant will not be in full operation. The Administration has revised its estimate of expenditures and revenues and feel that if the plant is operating with the increased billing by March, the delay will not be crucial; however, if the problem is not resolved by March, BAWA may be faced with the situation of having to issue Certificates of Obligation for a short term. Councilman Philips stated that it appeared that the city is deferring this increase on a short term basis which will ultimately result in another increase in rates later in the year to recover. Councilman Philips inquired if the costs had decreased as a result of not getting the water to the extent that the city can afford to delay the billing? Mr. Lanham responded that if the new rates become effective with the March billing that would provide seven months of increased revenues which should be sufficient to recover. Councilman Philips stated that he would prefer to defer this action and offer a credit at a later date. 10212 -8 Minutes of the Regular Meeting - February 12, 1981 Councilman Cannon suggested that it might be feasible to implement reduced rate or to institute the increased billing with the understanding that if an adjustment is warranted in the future that rates will be reduced accordingly for one month. Mr. Lanham explained that he would feel more comfortable to institute the increased billing, but the fact that there is no treated water in the lines will represent a problem. Councilman Simmons moved to adopt the proposed ordinance, delaying water rate increase; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Wilbanks, and Caffey Mayor Hutto Nays: Council members Philips and Cannon ORDINANCE NO. 3075 AN ORDINANCE AMENDING ORDINANCE NO. 3054 TO DELAY THE EFFECTIVE DATE OF CHANGE IN WATER SERVICE CHARGE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Authorizing Final Payment for Park Street Improvements The contractor has completed the improvement to Park Street with the exception of minor items of cleanup. The original contract amount was $535,532.50. Change orders totalled $6,000 for a final contract amount of $581,262.80 which is an overrun of a little less than $40,000 or 7.3 %. Most of the overrun was in the amount of miscellaneous concrete that had to be removed and salvaging of existing flexible base. The existing base on a portion of Park Street was much thicker than the engineers had anticipated. Also, more concrete driveways were required than anticipated in the plans. The Administration recommended approval of the payment which will be withheld pending completion of the minor items of cleanup. Councilman Johnson moved for adoption of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caff ey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3076 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO MARATHON PAVING AND UTILITY CONSTRUCTORS, INC., FOR THE PARK STREET IMPROVEMENT PROGRAM. Consider Proposed Ordinance, Awarding Bid for Purchase of Pneumatic Boring Machine The pneumatic boring machine is used for making water and sewer taps by boring underneath streets. Two bids were received. The low bidder was Conmaco, Inc. for the amount of $2,808. The Administration recommended approval of the low bidder. 10212 -9 Minutes of the Regular Meeting - February 12, 1981 Councilman Philips moved for adoption of the ordinance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3077 AN ORDINANCE APPROVING THE PURCHASE OF A PNEUMATIC BORING MACHINE BY ACCEPTING THE BID OF CONMACO, INC. AND AUTHORIZING PAYMENT BY THE CITY. For tabulation, see Attachment "A." Consider Proposed Ordinance, Calling Hearing on Proposed Annexation of 5.574 Acres at the Northwest Corner of Bush and Baker Roads (Cedar Ridge) Gene Branscome Investments has made request to annex 5.574 acres at the northwest corner of Bush and Baker Road (Cedar Ridge). There are plans to build apartments at this location. The Administration recommended approval of the ordinance, calling hearing on the proposed annexation for February 26 at 7:00 p.m. Councilman Philips moved for adoption of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3078 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF 5.574 ACRES, MORE OR LESS, LOCATED WEST OF BUSH ROAD AND NORTH OF BAKER ROAD, ALSO KNOWN AS CEDAR RIDGE, AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. In response to a question from Council, Mr. Lanham explained that the Administration is working on a recommenda- tion for annexation in the area where the new sanitary sewer trunk lines have been constructed. Consider Proposed Ordinance, Awarding Contract for Improvements to West Main Sewer Treatment Plant Centrifuge One bid was received for improvements to West Main Sewer Treatment Plant Centrifuge. The bid is for repairs plus some materials. Oilgear Company bid $14,674. The Administration recommended approval of the bid. Councilman Johnson moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Wilbanks, Caffey Mayor Hutto Nays: None Philips, Johnson, Simmons, and Cannon 10212 -10 Minutes of the Regular Meeting - February 12, 1981 ORDINANCE NO. 3079 AN ORDINANCE ACCEPTING THE BID OF THE OILGEAR COMPANY FOR REPAIRS TO WEST MAIN SEWER TREATMENT PLANT CENTRIFUGE AND AUTHORIZING PAYMENT BY THE CITY OF THE SUM OF FOURTEEN THOUSAND SIX HUNDRED SEVENTY FOUR & N01100 ($14,674.00) DOLLARS WITH REGARD TO SUCH REPAIRS. Consider Proposed Ordinance, Amending Chapter 21 of the Code of Ordinances to Provide Regulations for Purchase of Used Jewelry Other Than by Pawnbrokers The proposed ordinance was discussed previously. The Administration has included in the ordinance some of the recommendations made and two sections have been provided for Council consideration which would provide holding period on all items for three days or certain items for three days. Other than the options of a holding period, a new definition has been added for bullion and appropriate changes with regard to bullion have been effected throughout the proposed ordinance. One of the concerns expressed by the Chamber of Commerce was that the term bona fide police officer is too broad; however, this term is defined in state law and the generally accepted definition is bona fide police officer. For this reason, that term was not changed. Councilman Cannon moved for the adoption of the ordi- nance with the inclusion of the second option which provides for a three -day holding period for used jewelry, precious metals and semiprecious gems as defined in the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: Councilman Simmons ORDINANCE NO. 3080 AN ORDINANCE AMENDING CHAPTER 21 BY THE ADDITION OF A NEW ARTICLE ENTITLED, "PURCHASE OF USED JEWELRY OTHER THAN BY PAWNBROKERS "; REGULATING CERTAIN PURCHASES OF USED JEWELRY AND PRECIOUS METALS; PROVIDING DEFINITIONS; ESTABLISHING A PERMIT PROCESS; ESTABLISHING A PERMIT FEE; REQUIRING CERTAIN RECORDS TO BE KEPT BY PURCHASERS OF CERTAIN GOODS AT TEMPORARY LOCATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $200.00; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Mayor Hutto called a recess. When the meeting reconvened, the following business was transacted: Consider Proposed Ordinance, Authorizing Contract with Thomas Y. Pickett for Appraisal of Oil, Mineral, Utility, and Industrial Properties The City Attorney submitted a modification proposal to Thomas Y. Pickett regarding the proposed contract for ap- praisal of oil, mineral, utility and industrial properties which would allow the city to continue the services of Thomas Y. Pickett past implementation of valuations by Harris County Appraisal District. The company has agreed to this modifica- tion. 10212 -11 Minutes of the Regular Meeting - February 12, 1981 Councilman Philips moved for the adoption of the ordi- nance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3081 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH THOMAS Y. PICKETT & COMPANY, INC. FOR INDUSTRIAL APPRAISAL SERVICES, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consent Agenda Mayor Hutto explained that unless a council member had a question or expressed the desire to discuss an item sepa- rately, the Chair would entertain a motion to approve the consent agenda. Councilman Philips addressed Proposed Ordinance 10212 -9, awarding bid for sale of city owned property. He inquired what condition would be imposed on the new owner of this property to assure that the property would be refurbished? The City Attorney explained that the property would be deeded to the new owner and then that owner would have the same obligations as that of any other property owner. If the building is not refurbished, the Urban Rehabilitation Board would handle the matter. The Assistant City Attorney explained that he had spoken to the prospective owner who explained his intentions were to refurbish the building for use in his business. The consent agenda was then considered as set forth in the agenda packet as follows: a. On February 10, 1981 one bid was received for the sale of property at 514 East Texas Avenue. The City is trustee for this property on behalf of the City, Goose Creek Independent School District and Harris County. It was acquired as a result of delinquent taxes. The agenda packet includes a tabulation of the only bid received. Douglas L. Bess of Houston bid a total of $5,010 for the property. A minimum bid of $5,000 was requested. The revenue from the sale of this property will be split among the three governmental entities based on the pro -rata share of the outstanding delinquent taxes. The City will receive around $1,350. We recommended approval of Proposed Ordinance No. 10212 -9, awarding the bid for the sale of city owned property at 514 East Texas Avenue to Douglas L. Bess. 10212 -12 Minutes of the Regular Meeting - February 12, 1981 b. On February 9, 1981, two the purchase of computer agenda packet includes a The low bid was submitted of Houston at a total cos ment will be used to repl forms detacher which has will be used for this pur nance No. 10212 -10, award of the computer forms det Forms. bids were received for forms detacher. The tabulation of these bids. by Moore Business Forms t of $5,120. This equip - ace the present computer worn out. Budget funds chase. Proposed Ordi- s the bid for the purchase acher to Moore Business We recommend approval of Proposed Ordinance No. 10212 -10. c. On January 26, 1981, ten bids were received for the purchase of two industrial tractors and equip- ment. The agenda packet includes a tabulation of these bids. The low bid for item one was submitted by Alvin Implement Company. That firm bid a total of $15,716 for the purchase of two tractors. The low bid for the one rotary cutter was submitted by Watson Distributors but that bid did not meet specifications because the unit it bid was lighter than the weight specified. The bid of Alvin Implement Company in the amount of $1,250 is the low bid that meets specifications. For item three bidders were asked to submit bids on four flair mowers. The low bid of Tom Fairey did meet the minimum weight specifications. The low bid meeting specifications was submitted by Jim Ball International at a total cost of $7,112 for four flail mowers. Proposed Ordinance No. 10212 -11, awards the bid for the purchase of two industrial tractors and mowing attachments to the low bidders meeting specifications. One tractor will be used in the Parks Department and the other will be used in the Wastewater Treatment Division. We recommend approval of Proposed Ordinance No. 10212 -11. d. Proposed Ordinance No. 10212 -12 restricts parking on the north side of Ward Road between North Main Street and Houston. This item was recommended by the Traffic Commission at its January 26, 1981 meeting. We recommend approval of Proposed Ordinance No. 10212 -12, restricting parking on Ward Road. e. Last fall the Council authorized the City to make application for an Intergovernmental Personnel Act Grant to provide management level training for city employees. The Texas Department of Community Affairs has notified the city that it has approved the IPA grant requested by the City. The grant provides for funds in the amount of $13,713. A local match of $13,713 is required. A total of $8,787 of this amount is included in the Personnel budget. The remainder will be made up of inkind contributions, primarily in the form of staff time. The grant contract provides that the City will conduct nine seminars at a rate of one per month, starting in May. The City will hire outside trainers to conduct the one 10212 -13 Minutes of the Regular Meeting - February 12, 1981 day seminars. Topics will include technical, professional self - development, personnel manage- ment and organizational development issues. Classes will include productivity measurement, leadership styles, performance appraisals, and management by objectives. The City will make these training seminars available to employees from neighborhing cities as part of the grant's conditions. Proposed Ordinance No. 10212 -13, authorizes the City to enter into an agreement with the Texas Department of Community Affairs for this IPA grant. We recommend approval of Proposed Ordinance No. 10212 -13. f. Annexation was recently completed on the Willow Creek Shopping Center. This shopping center is located at the northwest corner of the inter- section of Garth and Baker Road. It borders only Council District Six. Proposed Ordinance No. 10212 -14, places the shopping center in Council District No. 6. We recommend approval of Proposed Ordinance No. 10212 -14. g. On Monday, February 2, a Gulf Pipeline ruptured in the pipeline corridor south of Baker Road. As a result of this event, a Civil Defense Emergency was declared and sixty five homes,in the Country Club Subdivision was evacuated until the danger posed by the escaping butane gas could be eliminated. Proposed Resolution No. 757, confirms the Adminis- tration's declaration of an emergency. We recommend approval of Proposed Resolution No. 757, confirming the declaration of Civil Defense Emergency on February 2. h. The agenda packet includes a letter from Mr. and Mrs. Raymond Oiler of 3807 Hardin Road, requesting water service outside the city limits. A city water line runs in front of their house. We recommend approval of the request for water service outside the city limits. Councilman Philips moved for the adoption of the Consent Agenda Item Nos. 15a through 15h; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3082 AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A DEED TRANSFERRING PROPERTY ON EAST TEXAS AVENUE, IN CONSIDERATION OF THE RECEIPT OF THE SALES PRICE OF FIVE THOUSAND TEN & N01100 ($5,010.00) DOLLARS. 10212 -14 Minutes of the Regular Meeting - February 12, 1981 ORDINANCE NO. 3083 AN ORDINANCE ACCEPTING THE BID OF MOORE BUSINESS FORMS FOR ONE COMPUTER FORMS DETACHER AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FIVE THOUSAND ONE HUNDRED TWENTY & N01100 ($5,120.00) DOLLARS. For tabulation, see Attachment "B." ORDINANCE NO. 3084 AN ORDINANCE APPROVING THE PURCHASE OF TWO INDUSTRIAL TRACTORS, ROTARY CUTTER AND FOUR FLAIL MOWERS BY ACCEPTING THE BIDS OF ALVIN IMPLEMENT FOR ITEM NOS. I, AND II, AND JIM BALL, INTER- NATIONAL FOR ITEM NO. III; AND AUTHORIZING PAYMENT BY THE CITY FOR EACH ITEM. For tabulation, see Attachment "C." ORDINANCE NO. 3085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE ABOLISHMENT OF A CERTAIN PORTION OF WARD ROAD BETWEEN HOUSTON & NORTH MAIN STREETS AS A RESTRICTED PARKING ZONE; AND APPROVING THAT SAME PORTION OF WARD ROAD AS A NO PARKING ANYTIME ZONE; DIRECTING THE DIRECTOR OF PLANNING AND TRAFFIC TO POST THE PROPER SIGNS; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS FOR THE VIOLATION HEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. ORDINANCE NO. 3086 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR PERSONNEL TRAINING SEMINARS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. ORDINANCE NO. 3087 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ADDING CERTAIN PROPERTY TO COUNCIL DISTRICT NO. 6: REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Rejecting Bids for Purchase of Dump Trucks Bids were taken on January 26, 1981 for cab and chassis for six yard dump truck and for steel side dump truck. The one bid which was received for the cab and chassis did not meet specifications. Two bids were received for the steel side dump truck. One bidder did not meet specifications due to the fact that some items were inadvertently omitted; therefore, the Administration recommended rejecting all bids and rebidding. Councilman Johnson moved that the bids be rejected and the Administration be authorized to readvertise; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 10212 -15 Minutes of the Regular Meeting - February 12, 1981 Councilman Philips requested that the Administration furnish Council with a list of companies that received bid invitations. Council also suggested that the purchasing department for its own benefits should make an attempt to learn the reason companies are not responding. For bid tabulation, see Attachment "D" and "E." Receive Report on General Telephone Rate Increase Request Danny Jackson, Assistant City Attorney, attended a meeting in Irving last week which was sponsored by Texas Municipal League to discuss the strategies to be used in the rate case filed by General Telephone for 44.6 million state -wide increase. The company requested an increase six months ago for 58.3 million, but was awarded 31 million with a 4 million penalty for quality of service. The Public Utilities Commission held a hearing on the request on February 10 and has set another hearing on March 31 to consider quality of service from individuals throughout the state who are affected. A steering committee composed of representatives from various governmental entities throughout the state has been appointed to make decisions as to how the case will proceed before the Public Utilities Commission. At the meeting in Irving, it was decided that Don Butler would again serve as General Counsel. Touche Ross will again serve as the accounting consultants and John Bell will assist Don Butler. Mr. Bell was previously General Counsel for the Public Utilities Commission. Councilman Philips inquired if the Administration is prepared to present information regarding the quality of service in Baytown? Mr. Jackson stated that at this point, there is no data compiled and he mentioned that some cities have compiled information by sending an information card regarding telephone service out with water bills. Councilman Johnson inquired if perhaps it would be a good idea for the City of Baytown to attempt to solicit facts concerning service? Mr. Jackson stated that that would be a good thing to do since that is what the whole strategy will be based on -- quality of service. Councilman Philips stated that the city should consider obtaining some feedback since from time to time complaints have been expressed by various citizens. The City Attorney stated that he had recently been contacted by citizens who are interested in the hearing and have indicated that they plan on being in Austin for the hearing. Councilman Johnson inquired if it would be possible to hold meetings at City Hall to develop data. Since Baytown is one of the largest users of General Telephone, Baytown should have a great deal of input at the hearing. Mayor Hutto stated that Council should bear in mind that if City Council instructs that a hearing be held in Baytown, many citizens will feel that Baytown can regulate telephone service. 10212 -16 Minutes of the Regular Meeting - February 12, 1981 Councilman Johnson concurred that possibly a hearing may not be the best thing, but he did want to emphasize that Baytown should have some means of input. The City Attorney mentioned that in the prior rate case, there was an investigation made concerning General Telephone service and as part of that the General Counsel was given authority to conduct investigation. Therefore, as part of that investigation, they may hold some hearings for citizen input. Councilman Philips stated that he would like to propose that the Administration be requested to send a communication to this sub - committee that will be investigating General Telephone's performance, to invite them to have a mailing questionnaire sent to Baytown customers to get statistical feedback. During the last request for increase, cities contributed to defend their case before the Public Utilities Commission and were told that any money left would be proportionately returned. Since a new rate case has been filed, it has been suggested that that money be used to defend the cities case, along with another contribution from each city based on population as reflected in the latest Texas Municipal League publication at $.15 per capita. The Administration will place an item on the next agenda in this regard. Consider Confirmation of City Manager's Appointment to Civil Service Commission The City Manager requested confirmation of the appoint- ment of Richard DeSalme to serve as Civil Service Commissioner. Councilman Johnson moved to confirm the appointment of Richard DeSalme to the Civil Service Commission; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Confirmation of City Manager's Appointment to Library Board The City Manager requested confirmation of the re- appointment of David Kadjar, Mary Keating and Lawrence Reilly to the Baytown Library Advisory Board and the appointment of Mrs. Fred Hartman to replace Mr. E. C. Woods. Councilman Philips moved to confirm the City Manager's appointments to the Baytown Library Advisory Board; Council- woman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 10212 -17 Minutes of the Regular Meeting - February 12, 1981 Consider Appointments to Urban Rehabilitation Standards Review Board Appointments to be made at the next regular meeting. Consider Appointment to Clean City Commission Appointment to be made at the next regular meeting. Consider Appointment to Electrical Board Appointment to be made at the next regular meeting. Taxation of Bank Stock The Administration has received a letter from Texas Municipal League requesting Council's opinion on an issue that has been litigated and that may be considered in proposed legislation. The City Attorney explained that by state statute various governing bodies are entitled to tax banks on their real estate and calculate the value of bank stock less the real estate to determine a tax for the value of stock. In Dallas, the banks consolidated to file a lawsuit last year to contest this. The cities lost the lawsuit which was appealed to the Court of Civil Appeals and recently the Court of Civil Appeals held in favor of the cities. It is very definite that the banking association will appeal that decision to the Texas Supreme Court. Because this is a very important issue, this will probably be appealed to the Supreme Court of the United States. The Texas Bankers Association has proposed legislation that would offer a solution to the problem. What the legislation would do is exempt bank stock from taxation, but in return banks would subject themselves to franchise agreements. According to calculations made by the Texas Municipal League, this proposal would result in approximately 25% less income to the various governmental entities. If cities agree to this, the cities would be agreeing to take less money, but would be assured revenue from the franchise agreement. Whereas, a court decision could mean a decision in favor of the banks and complete loss of that revenue. Texas Municipal League is requesting some guidance from cities. Mr. Lanham explained that what Texas Municipal League is requesting is whether the city would want to compromise and take 25% less income or take a chance on the outcome in Court. Council indicated that the compromise would be the best alternative. Councilman Cannon mentioned the report which had been furnished to Council that had been developed by the Police Department. The report contained five -year statistics on crime, traffic, accidents, etc. Also, included in the report, was a letter from Mr. Mack Cook with the First Baptist Church regarding the Chaplain Corps within the police department. Councilman Cannon requested that a resolution be placed on the next agenda commending Mr. Cook and the Chaplain Corps for their involvement. 10212 -18 Minutes of the Regular Meeting - February 12, 1981 There being no further business to be transacted, the meeting was adjourned. ,,, - -, � P, 2�/� een P. Hall, City Clerk F w x U H E-� d CITY OF BAYTOWIV TITLE: PN 11AMTl _ ARTH PIFRCINf, TQnI B�D TABULATION B � D: 812 -3�1 DATE- FFRRIIARY � 1gf�1 TEM QTY DESCRIPTION 17 EXTENDED UN17 EX NDED UNIT NO 0 UN1 EXTEND D UNI X NOED R 1 1 each PNEUMATIC EARTH PIERCING TOOL, $2,808.00 $2,861.00 Per specifications Brand Name Schramm neumagopher Schram P eumegopher Delivery A.R.O. 10 Days 3 Days GROSS TOTAL LESS Drsc. NET TOTA L f► ►vF�v ,� ti TI'f I_ E� COMPUTER FORMS DETACHER Q 1 D: 812 -33 pA1-�; 2 -9 -81 - 9:30 a . m. 1 F z U H H �r . .�`! �: ,:;`, r: :,�� ��;; Jk�%.t . . QTY DESCRIPTION COMPUTER FORMS DETACHER per specifications MAKE /MODEL DELIVERY A.R.O. GROSS TOTAL HESS Drsc. NE7" TOTA L "�'1 !VERY CITY OF BAYTOWN B1D TA BULAT! ON oore Business Forms UARCO UNIT EXTENDED UNIT EXTENDED UNIT NO UNIT EXTEND UNI EX NDED $5,120.00 $1,153.00 Moore 385 -2 Uarco 2060 -2 �. 4 days 3 weeks r a i i .. .... .� ... .._... �.... .,...�.. �.� ail ... ...... ..�.- .. .. ...- .. U F z w x L 4 F F Q T1TL E:INDUSTRIAL TRACTOR AND EQUIPMENT OATS= January 26, 1981 - 9:30 a.m. GITY OF BAYTOWN BID TABULATION TEM QTY DESCRIPTION A UNITIMPEXTENDEO JUNf7 IXTENDED UNIT XT ND U 1 NO D UNIT EXTENDED INDUSTRIAL TRACTOR AND EQUIPMENT S7,858.0 58,734.0 $9,199.0 510,163. 0 S9 ,933.0 per specifications 1 16.00 17,468.00 $18,398.00 $20,327.60 519,866.00 . l 2 ea. Tractors MAKE /MODEL Case 380 International 240 Ford 36 0 Ford 41 0 Ford 410 2 1 ea. Rotary Cutter $ 1 2 0.00 $ 1,516.00 $ 1,475.00 $ 1,475.00 S 1,371.00 odern Hi -Way MAKE /MODEL Cyclone 0 Cyclone 60 Cyclone 0 Bush Hog 3058 3 4 ea. FlailMowers $1,990.0 $1,778.0 $2,085.0 $2,085.0 $1,873.0 S 7,960.00 S 112.00 $ 8,340.00 $ 8,340.00 S 7,492.00 ott 7 MAKE /MODEL Mott 74 ott 74 Mott 74 Mott 74 TOTAL 61D $2 ,09 .00 �2�1.6tf 2 ,92 .00 528,213.00 530,142.60 DELIVERY A.R.O. 15 days 45 days Stock t 6 weeks Stock to 6 weeks 5 - 10 ays i ��� �rru�.� i v � H L . LESS �DlSC NET IOTA L �t IUFF?Y .. ..�. . ___.��____ -- .� -..-. ..... �.-. .�....swr.�...z- .ti..w,..co+.s.m -s�s.�s.+u�ane'aa .. .c U U w L a F F a TITLE: INDUSTRIAL TRACTOR AND EQUIPMENT DgTE; Janu�ry 26. 1981 - 9:30 a.m. G1TY OF BAYTOWN B!D TA BULAT! ON TEM QTY DESCRIPTION "UNITE UEXTENDEO OUNIT EXTENDED UNIT X N DI XT NO 0 UNI X NO INDUSTRIAL TRACTOR AND EQUIPMENT $10,688. 0 $11,503. 4 10.936. 0 $14,068. 0 9,501. 6 Cant: 1 2 ea. Tractors $21,376.0 $23,006.68 $21.,872.00 $28,136.00 $19,002.52 MAKE /MODEL JD 301A JD 302 Kubota 4500 Jacobson G -20 Ford 41 0 2 1 ea. Rotary Cutter $ 1,497.0 $ 1,558.00 $ 1,530.00 � $ 1,085.00 $ 1,552.50 MAKE /MODEL Cyclone 60 Modern 4 3Ci Modern -Way oods Ca et 60 Cyclone 60 $ 1,786. $ 1,681. 2 2,097. 0 $ 2,321, o No Bid $ 7,144.0 � $ 6,725.28 $ 8,388.00 $ 9,284.00 3 4 ea. Flail Mowers MAKE /MODEL Jp 25A JD 25A Mott 74 Mott 74 30,017.0 31,2 9.9 X31,790.00 �3�505.00 $20,555.02 TOTAL BID 45 - b0 ays 60 days 30 days 60 days 10 days DELIVERY A.R.O. -tiDoes no meed �= Does n t meet specifi ations specifications - -�_ �....r_ . (�FdV.75 f V 1 H L LESS DISC. �V�T TOTi4 L "1w 1VFRY . . �.__ - -� - -- . - --- -- - - - -� _.__._._..__..I' -�- -- .._.___ _ ..._ _._.._. ��..___.____ --- . -- w ' CAB AND CHASSIS FOR SIX YARD DUMP TRUCK TITLE: BIp� 811 -31 DA7'�. January 26, 1981 - 9:30 a.m. 7-� QTR pESCRIPTION A F w x H H CITY 01= BAYTOWN B10 TABULATION TIMMERS CHEVROLET UN! EXTENOEO UN1_ _ E)CTENDEO UN! 1 1 each Cab and Chassis � S18,064.25 MAKE /MODEL Chevrole C7D042 DELIVERY A.R.O. 90 - 120 days , *Does no meet specifi ations One company submitted a No Bid r" . h.. L •�` ..,; �l • •� L q�fi( �� � GROSS TOTAL .; "" � � �._ESS DISC. -; 1ET TOTAL .�� !T I EXTEN TITLE= STEEL SIDE DUMP TRUCK sro :. 8 „ -30 DA -i-E. January 26, 1981 - 9:30 a.m. GlTY OF BAYTOWN 81D TABULATION QTY DESCRlPTlON uNlr EXTENDED UNIT ED STEEL SIDE DUMP TRUCK per specifications $18,023.81 $23.561.00 MAKE /MODEL Internat onal 1981 Chevrol t C70042 DELIVERY A.R.O. 90 days 145 day • r :. GROSS TOTAL LESS DISC. VET IOTA L . FI rvFRY UNIT UNI XTf LADED � UNI