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1981 08 13 CC Minutes10813 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 13, 1981 The City Council of the City of Baytown, Texas, met in regular session on Thursday, August 13, 1981, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Fred T. Philips Jimmy Johnson Perry Simmons Mary E. Wilbanks Roy L. Fuller Absent: Allen Cannon Emmett 0. Hutto Fritz Lanham Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk The meeting was called to order with a quorum present and the invocation was offered, afterwhich the following business was conducted: Minutes Councilman Philips moved for approval of the minutes for the meeting held July 23, 1981, with the correction on Page 10723 -15 116:00 p.m. to 6 :00 a.m." being noted. Council- woman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None Receive Petitions Mr. Lanham stated that two petitions had been received by the Administration today wherein the petitioners are requesting that city -owned property fronting the library be retained. Councilman Simmons moved to accept the petitions; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None Mr. Refugio Martinez, representative of the DeZavala Neighborhood Council, presented a petition concerning prob- lems at Bergeron Park on Kentucky and Foote Park on West Main Street during late afternoon and night hours. The petitioners requested increased undercover activity and increased uniformed patrols of both parks. 10813 -2 Minutes of the Regular Meeting - August 13, 1981 Councilman Johnson moved to accept the petition; Council- woman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None Councilman Johnson thanked Mr. Martinez for taking the time to present the petition and stated that through his efforts perhaps something could be done. Citv Manager's Report Entex Purchased Gas Adjustment - Council had been furnished with a letter from Entex regarding purchased gas adjustment. Each six months the gas company adjusts its rates. Six months ago the company increased its rates; the six months prior to that the rates were reduced. There is no necessity for Council to take action on the increase. If Council takes no action, the rate is automatically effective. However, if Council desires to take formal action, it will be necessary for Council to hold a rate hearing. Six months ago, Council took no action and the increase became effective. Randy Strong, City Attorney, explained that both under the Railroad Commission regulations and the way that rate regulations of gas utilities work, if Council desires to question or not allow this pass through, a "full blown" rate hearing would be required where all aspects of the company's rates would be investigated and probably the company would then also show reason to have the base rate increased. Councilman Philips stated that what he would like would be a public explanation of this proposed rate increase by Entex so that there would be some public understanding rather than an automatic increase. The City Attorney stated that this increase is very similar to the fuel cost adjustment of HL&P. Only, HL&P's is done on a monthly basis. The gas utilities are limited to a six month pass through. Mr. Lanham stated that an item in this regard would be placed on the next agenda. Chamber of Commerce Highway Committee - The Chamber of Commerce Highway Committee has arranged an appearance before the Texas State Highway Commission in Austin on Monday, August 31 to request funding of design work for Highway 146 bridge over-the ship channel. A bus will be leaving Baytown at 5:00 a.m. The committee would like as many as possible of the City Council members to attend. Council will be contacted in this regard. Tax Appraisal Districts - The Administration has been contacted by Mr. Clark's office about the possibility of a joint meeting of the City with the school board and college board to discuss the various possibilities regarding which tax appraisal district to join -- Harris County Appraisal District or Chambers County Appraisal District. In October, all taxing entities located in more than one district will have to make some sort of decision in this regard. Therefore, the Administration felt that the entities should meet to discuss the possibilities. City Council requested that the Administration attempt to arrange a meeting for Wednesday, August 19, 1981 at 7:00 a.m. 10813 -3 Minutes of the Regular Meeting - August 13, 1981 In response to an inquiry from Council, Mr. Lanham explained that each district would make its own decision as to what district to join. Clean City Commission - Council had been furnished with a report from the Clean City Commission regarding the Summer Anti - Litter team. Employees Picnic - Council was notified of the annual employees picnic which is to be held August 28. Raccoon Road Water and Sewer Project - The contractor has moved pipe onto the job site to begin the Raccoon Road Water and Sewer Project. Sliplining - The sliplining contractor is 95% complete. 1981 Street Improvement - The street improvement contractor since the last Council meeting has completed work on Fayle, has the curb and gutter in place on Indiana, and will asphalt Indiana on Monday, August 17. Curb and gutter has been poured on Kansas. Sidewalk for Crockett School - City crews have com- pleted site preparation for the sidewalk from Chaparral Village to Crockett Elementary School. If the contractor can begin work next week, that work should be in place prior to the beginning of the school year. Drainage - City crews have completed work on Massey Tompkins; Goose Creek Drive project is 60% complete. Questions and Comments Regarding City Manager's Report Councilman Philips requested that the Administration provide Council with a near -term schedule on drainage work. With regard to an inquiry concerning the Baker /Garth intersection, the contractor intends to pour the northwest corner of that intersection tomorrow. Traffic has been shifted to the east side of Garth and the contractor under- stands the importance of this intersection. The base work was performed yesterday and the pour will be performed tomorrow. Council recommended that the City provide an officer to expedite the movement of traffic and that overtime be paid if necessary. Mayor Hutto suggested that the Administration check to determine if the contractor might pay for an officer to help expedite traffic since the contractor is paying for assistance at other intersections on Baker. ' In response to an inquiry from Council, Norman Dykes, City Engineer /Director of Public Works, explained that the preliminary engineering work had been performed regarding drainage in the Sherwood /Greenwood area. However, the engineering department will do more detailed work and develop cost estimates. 10813 -4 Minutes of the Regular Meeting - August 13, 1981 Receive Annual Report of Baytown Cultural Arts Council Council had been furnished with a report from the Baytown Cultural Arts Council which listed the members of the arts council and the activities of the group. Barbara Hinds, Chairman -of the arts council, was present and in response to inquries from Council explained that by shifting the date of appointments to the arts council, transitions will be more smoothly made. Also, since the committee has been working for approximately one year, it seems that there is a balanced representation on the committee of the various cultural groups in Baytown. Mayor Hutto thanked Mrs. Hinds and the Baytown Cultural Arts Council for its efforts and expressed the appreciation of Council. Consider Proposed Ordinance, Ratifying and Confirming Prior City of Mont Belvieu Annexation Within City of Baytown Extra - Territorial Jurisdiction The proposed ordinance relates to the ratification of two annexations by the City of Mont Belvieu. One was approved by the City of Mont Belvieu in June, 1980; and the other, in June, 1981. These areas are within City of Baytown extra- territorial jurisdiction which was overlooked at that time. The area involved is northwest of Mont Belvieu. The next item on the agenda relates to the proposed annexation by the City of Mont Belvieu within Baytown's extra- territorial jurisdiction which location was indicated on a map. The Administration recommended approval of the ordinance. Councilman Philips moved for adoption.of the ordinance; Councilman Johnson seconded the motion. In response to an inquiry from Council, Randy Strong, City Attorney, explained that if Council approved these annexations, the City of Baytown would no longer have control of drainage requirements in those areas. He also mentioned that the Administration is in the process of reworking an existing agreement with the City of Mont Belvieu regarding extra - territorial jurisdiction because the present agreement is rather vague with regard to the description of boundaries. Since the city is interested in re- defining those boundaries by agreement, probably the area being discussed would fall within City of Mont Belvieu jurisdiction.. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None ORDINANCE NO. 3204 AN ORDINANCE RATIFYING AND AGREEING TO TWO PRIOR ANNEXATIONS BY THE CITY OF MONT BELVIEU, CHAMBERS COUNTY, TEXAS OF THE HEREINAFTER DESCRIBED TERRITORIES LYING WITHIN THE EXTRA- TERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS. 10813 -5 Minutes of the Regular Meeting - August 13, 1981 Consider Proposed Ordinance, Approving Proposed Annexation by City of Mont Belvieu within City of Baytown Extra - Territorial Jurisdiction The Administration recommended approval of the proposed ordinance. Councilman Johnson moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None ORDINANCE NO. 3205 AN ORDINANCE OF.THE CITY COUNCIL OF THE CITY OF BAYTOWN AGREEING TO AND ACCEPTING A PROPOSED ANNEXATION OF TERRITORY LYING WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN DESCRIBED HEREINAFTER BY THE CITY OF MONT BELVIEU, CHAMBERS COUNTY,-TEXAS. Consider Proposed Ordinance, Authorizing Final Payment on East District Sewer Trunk Line - Contract No. 2 Jesse Lovelace Construction Company has two contracts related to the East District Sanitary Sewer System improve- ments. Contract No. 1 has not been completed; however, Contract No. 2 which is the force main has been completed. The work has been inspected by Langford Engineering Company and by the city staff. Both recommended approval of final payment. The original contract amount was $466,638; the adjusted contract amount is $445,686. The contractor completed the work five (5) days ahead of schedule. Councilman Philips moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None ORDINANCE NO. 3206 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO JESS LOVELACE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF 21 -INCH FORCE MAIN FROM EAST DISTRICT SEWER TREATMENT PLANT TO RACCOON DRIVE LIFT STATION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Hold Public Hearing on Proposed Annexation North of Massey Tompkins Road (7:00 p.m.) Mayor Hutto declared the public hearing on proposed annexation north of Massey Tompkins Road to be open and allowed time for those who desired to speak to sign the register provided for this purpose. 10813 -6 Minutes of the Regular Meeting - August 13, 1981 The City Manager referred to a map which depicted the area being considered for annexation, along with the area originally proposed for annexation. Councilman Johnson expressed the feeling that no good purpose could be served by annexing vacant property. He felt that populated areas would receive some benefit from annexation in that sewer and water services would be provided. Mr. J. R. Martin, 2100 Montana, representative of owners of a tract running south of Jenkins Park, appeared to state that that particular tract is open, vacant land that currently is agricultural use land. The owners have no need for city services and requested that Council reconsider and remove that particular parcel from the proposed annexation. Mr. H. H. McKinney, 2015 Massey Tompkins, appeared to inform Council that the 200 feet where his home is located is already inside the city limits, but the remainder of his property is outside. This is agricultural property and has been so since Civil War times. Mr. McKinney's parents had owned the property since the early 1900's and Mr. McKinney intends to keep the property agricultural. The entire tract contains 31.33 acres and Mr. McKinney has improved pasture at that location. Mr. Charlie Wright, owner of fifteen-acres next to Trailwood which is outside the city limits, appeared to state that he did have intention to develop the ground eventually, but not at present. Mr. Lanham explained that there would be a problem to annex this land in the future, unless the owner requested annexation. If the request was never made, however, this would mean a strip completely surrounded by the city limits which could not be annexed. In response to an inquiry from Council, Mr. Lanham explained that Council would not be taking action on the annexation tonight, but Council would need to advise the Administration what is to be considered under first reading. Mr. Wright's land was included in the original suggested description of land to be annexed. Councilman Fuller stated that he too felt that annexation of agricultural property would not benefit the city or owners of said property. He suggested reducing the area to be annexed to exclude the two large tracts that are vacant or ag -use tracts; Councilman Philips concurred. Council concurred that the ordinance on first reading should include only the property originally considered for annexation as shown on the map. There being no other persons present desiring to speak, Mayor Hutto closed the public hearing. Board of Equalization Certifies Tax Roll to City Council Council Adopts Board of Equalization Assessment Roll 011ie Clevenger, Chairman, of the Board of Equalization for the City of Baytown for 1981, read the report of the board to Council. That report is attached to the minutes and made a part hereof for all intents and purposes (See Attachment "A "). 10813 -7 Minutes of the Regular Council Meeting - August 13, 1981 Mayor Hutto stated that he concurred with the Board's recommendations and thanked Mr. Clevenger and the Board for their service. Councilman Philips moved to accept the report and approve and adopt the rolls, along with assessed value as recommended. Councilman Johnson seconded the motion. In response to an inquiry from Council, Mr. Clevenger stated that all the property on either side of Garth Road within the 200 feet inside the city limits was assessed at $2.00 per square foot which was based on limited sales that the tax department was able to obtain data on. The City Attorney advised Council that there would be no problem with appointing the Board of Equalization sooner, but the first meeting would have to be in accordance with Charter provisions that the first meeting shall be on the first day of June or as soon thereafter as practicable. This way the Board members individually can come by the tax office to gather information in advance of the first board meeting. Mayor Hutto informed Mr. Clevenger that the Adminis- tration had recommended funds in the 1981 -82 budget for the placement of benchmarks throughout the city. In response to an inquiry from Mr. Refugio Martinez, the City Attorney explained that state statutes provide that taxation shall be based on fair market value. The value of U.S. Steel properties is lower because of the steel industry slump. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None Consider Recommendation of Baytown Library Board in Response to First American Bank's Request to Acquire City -Owned Property David Kadjar appeared on behalf of the Baytown Library Board to respond to the request of City Council that the Board consider the request of First American Bank to purchase. city -owned property adjacent to the library. The Baytown Library Board unanimously felt that First American Bank is a good neighbor with a very fine facility; however, the board also felt that the purchase would hinder any future expansion by Sterling Municipal Library. The board recommended to Council that the City retain the land for future expansion. Councilman Fuller moved to accept the library board's report, take same under advisement, and that a committee from the Council be appointed to meet with a committee from the library board to further study the proposal and recom- mendation. Councilman Simmons concurred and seconded the motion. Councilwoman Wilbanks mentioned that attached to the letter from the library board is a copy of a letter dated May, 1976. Therefore, perhaps there is other background information to be considered such as value of property acquired and future library plans. At the time the May, 1976, letter was drafted reference is made to planned expansion to the front of the library. The vote follows: 10813 -8 Minutes of the Regular Council Meeting - August 13, 1981 Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None In accordance. with the vote, Mayor Hutto appointed Council members Fuller and Philips as a committee to represent the Council to meet with representatives of the library board and the bank and come back to Council with additional facts or recommendation. Councilman Philips is to chair this committee. Councilwoman Wilbanks stated that in the past Council has had groups appear concerning various areas of city activity and that it is very rewarding to see that so many people are concerned enough about the library to come and share their thoughts with Council. This means that the library is important to a great number of the citizens of Baytown. Therefore, it is significant that Council weigh this just as importantly as any other issue. A Representative of Baytown Housing Authority Will Appear Bill Eiland, Director of the Baytown Housing Authority, was present to inform City Council that another single family mortgage program for Baytown is in process. The two previous bond issues for Baytown have been through the Baytown Housing Finance Corporation which were limited to the city limits of Baytown. Beginning January 1, 1981, the only individuals who may participate in a housing finance program are individuals who are first -time homeowners or someone who has not owned a home in the last three years. Of the individuals who participated in the first two bond issues, 55 -60% were first time homeowners which reduces the market considerably. Therefore, under a new Texas law which was adopted this year, it has become possible to form regional housing finance corporations. Seven different areas have been contacted regarding the formation of a regional finance corporation -- Pasadena, Baytown, LaPorte, Deer Park, Chambers County, Liberty County and Wharton County. This corporation will be known as the South East Texas Housing Finance Corporation. More areas that participate make more money available. Each area will have an allocated amount of funding based on population or market demand. Baytown money will have to be used in Baytown. Mr. Eiland stated his reason for appearing before Council was to ask Council's approval for Baytown to join in this endeavor. Mr. Eiland stated that all the areas have been contacted and it appears that each area will join this regional corporation. Liberty and Wharton Counties have already adopted resolutions and the remainder of the entities should have done so within the next couple of weeks. This regional plan is simply a different legal vehicle by which to proceed with the same type housing program offered in the past. In response to an inquiry from Council, Mr. Eiland stated that since Highlands is an unincorporated area, it would not be included under the regional program. Also, Mr. Eiland explained that the benefit to Baytown would be that money allocated would come back to Baytown which should act as a stimulant to the housing market. By all these areas joining together, a large enough bond issue can be produced to interest buyers. 10813 -9 Minutes of the Regular Council Meeting - August 13, 1981 Mr. Eiland stated that if money were available this very minute probably there could be a program with 12 -12�% interest rates on mortgages which is substantially below the present market rate. Councilman Johnson clarified that what this regional housing corporation represents is exactly what was done when the Baytown Housing Finance Corporation was formed and the program will not cost the citizens of Baytown anything. All that is necessary is to obtain Council approval and no matter what happens, the City of Baytown will not have any financial or legal responsibility. ' Baytown City Council will appoint one member to serve on the Board of the South East Texas Housing Finance Cor- poration and Baytown savings and loans will have the oppor- tunity to participate in this program. Mr. Eiland reiterated that this is simply a vehicle by which Baytown can get another bond issue. Mr. Lanham inquired if the board could establish the requirement that the homes be constructed in only approved subdivisions? Mr. Eiland responded that that would be up to the board of directors, but probably something like that could be approved. An emergency item had been included on the agenda; however, Mr. Eiland requested that that item be removed and that this matter be formally considered by Council at its next meeting. Consider Proposed Ordinance, Awarding Bid for Data Processing Equipment and Software Two or three months ago, the Administration discussed with Council the long range plan for data processing operations. At that time, Council authorized the Administration to take bids on hardware and software that would enable the staff to centralize the data processing function on the police computer and phase out the operation at city hall. Bids were taken on the equipment. Revised ordinance and revised tabulation was placed at the Council table. What the Administration proposed was that the equipment be purchased on a three -year lease purchase basis. Larry Patterson, Director of Personnel, explained that bids were taken under three difference packages. Package No. 1 is a bid which outlines some additions to hardware. In order to centralize the data processing operations and move financial packages onto the Honeywell 52 computer, that machine's capacity needed to be increased. Package No. 1 will increase the main memory from 160K to 480K and it will increase performance modules from 25% to 900. In addition, it will provide additional disc storage and increase printer capacity by 200 lines per minutes. Presently, the printer can print 450 lines per minute. Package No. 2 will give additional support equipment or 10 CRT's which will be located in various departments so that information can be relayed to the data center and received from the center. Two remote printers will be furnished, along with a paper receiving tray and port RTC's which fragment the information out to the various CRT's. 10813 -10 Minutes of the Regular Council Meeting - August 13, 1981 Package No. 3 will provide the software packages that will provide financial operations -- accounts payable, payroll and general ledger. Nine companies were mailed invitations to bid. Two companies submitted no bids. Two companies submitted bids -- Honeywell Systems Information and ITT Courier. Under Package No. 1, Honeywell was the only company to submit a bid. Honeywell submitted a bid on the one year rent option for the amount of $2,102 per month and three year lease purchase for $2,482 per month. The Administration felt the better bid was the three year lease purchase to provide more options as far as what could be done with that equipment. There will be a $291 per month maintenance fee and a one time delivery charge of $610. Under Package No. 2, both companies bid. The Administration felt that the low bid was that of ITT under the three year lease purchase for $1,267 per month with a maintenance fee of $481 per month and a one time delivery charge of $615. The payout on the three year lease purchase is approximately $45,000 while the payout on the five year lease purchase is approximately $49,000. Therefore, the city on the three year lease purchase would not be obligated for as long a period of time for a lesser cost. Under Package No. 3, Honeywell is the only bidder. The options are outright purchase and monthly lease. The Adminis- tration recommended the outright purchase of $7,161. A tabulation of the bids is attached to the minutes as Attachment "B." Mr. Lanham stated that the recommendations are consistent with the long -range plans discussed by Council, as well as the estimates and budget amounts presently being considered by Council. The Administration recommended approval of the awards as outlined by Mr. Patterson. In response to an inquiry from Council, Mr. Patterson stated that there would be a few things that would need to be coordinated to get the hardware in place and operational. For instance, phone lines will need to be laid, CRT's will need to be placed and the software package will need to be made operational. A good portion of the police program is up and running. By September, more of that should be completed. The payroll system should be'operational within the next two or three months and then accounts payable will be worked. Mr. Patterson explained that the city is working under two concepts. Software packages are being obtained, but at the same time, the city is contracting with Bob Greer as far as data processing operations with regard to programming. In any type operation, there is implementation cost. Council requested that the Administration provide an updated schedule with regard to data processing. Mr. Lanham responded that the Administration would update the schedule provided Council previously. Mr. Lanham stated that the decision is whether to expend funds on the equipment in City Hall because it has reached its limits and recently there have been maintenance problems. When the computer at the police department was purchased, it was purchased with the thought that it would serve other departments as well. 10813 -11 Minutes of the Regular Council Meeting - August 13, 1981 Councilman Johnson moved to adopt the proposed ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None ORDINANCE NO. 3207 AN ORDINANCE ACCEPTING THE BID OF HONEYWELL SYSTEMS FOR THE PURCHASE OF PACKAGE I OF DATA PROCESSING EQUIPMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND SEVEN HUNDRED SEVENTY THREE & N01100 DOLLARS ($2,773.00) PER MONTH PLUS THE SUM OF SIX HUNDRED TEN & N01100 ($610.00) DOLLARS IN DELIVERY CHARGES; AND ACCEPTING THE BID OF ITT FOR THE PURCHASE OF PACKAGE II OF DATA PROCES- SING EQUIPMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ONE THOUSAND SEVEN HUNDRED FORTY EIGHT & N01100 ($1,748.00) DOLLARS PER MONTH PLUS THE SUM OF SIX HUNDRED FIFTEEN & N01100 ($615.00) DOLLARS IN DELIVERY CHARGES; AND ACCEPTING THE BID OF HONEYWELL SYSTEMS FOR THE PURCHASE OF PACKAGE III OF DATA PROCESSING EQUIPMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SEVEN THOUSAND ONE HUNDRED SIXTY ONE & N01100 ($7,161.00) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consent Agenda In response to an inquiry from Council, Chief Turner explained that the police reserves are responsible to acquire necessary training provided by law and these people buy their own weapons. If Council certifies these three appli- cants, Baytown will have three reserve officers. Several years ago, there were more people involved in police reserves. By ordinance, the reserves are limited to 20 individuals. These people perform only the tasks assigned by the Chief of Police. The consent agenda was then considered as set forth in the agenda packet as follows: 13. Consent Agenda a. Four bids were received on the rehabilitation of the house at 700 Willow. Work to be accomplished includes roof repair, repair and replacement of windows, replace exterior doors, repair back porch, paint exterior wood, install 100 amp elec- trical service, paint ceilings in bedrooms and living room, repair floor and walls in two rooms, and install new bathroom door. Four bids were received and the low bid of $6,625 is that of Eastside Construction. We recommend approval of Proposed Ordinance No. 10813 -4, awarding the contract to the low bidder. b. Bids were received on the rehabilitation of the house at 1521 Thompson. Repairs include removal and rebuilding a deteriorated section of the house which includes the bathroom and kitchen, installation of a new roof, replacing rotted windows, install new front and back doors, install 100 amp electrical 10813 -12 Minutes of the Regular Council Meeting - August 13, 1981 service, installation of new flooring material in bathroom and kitchen, and installation of new kitchen cabinets and sink. Four bids were received and the low bid for $9,275 was submitted by Eastside Construction. We recommend approval of Proposed Ordinance No. 10813 -5, awarding the contract to the low bidder. C. Resolution No. 783, authorizes the City Manager to make application for funds to continue the operation of the Harris County Organized Crime Control Unit. This is a cooperative effort involving Harris County, the City of Houston, Baytown, and a number of the other cities in Harris County. The unit became operational on January 1, 1972 and addresses itself to the organized crime element involving fences, bookmaking, auto theft rings, burglary and theft rings, narcotics, prostitution, and white collar crimes. This application for $176,615 will be made to the Criminal Justice Division of the Governor's Office and will be utilized to pay salaries of three employees, rent, office supplies, mileage reimbursement, and other items necessary to operate this unit. The various governmental entities participating in the program provide the officers who work with the unit. Baytown has administered the grant for the unit for several. years. We recommend approval of Proposed Resolution No. 783. d. The City Code establishes a police reserve force and provides that no person appointed to the police reserve may carry a weapon or otherwise act as a police officer until he has been approved by the City Council. The Code also provides that members of the police reserve shall serve at the discretion of the Chief of Police and may be called into service at any time the Chief of Police considers it necessary to have additional officers to preserve the peace and enforce the law. The Code provides that reserve police officers shall act only in a supplementary capacity to the regular police force and in no case assume the full time duties of regular police officers without first complying with all requirements for such regular police officers. Members shall conform with the minimum training standards for all reserve law enforcement officers which have been established by the State Commission on Law Enforcement Officer Standards and Education. George Bob McCuen, Joseph Adrian Raymer, and Aiabin B. Rose, Jr. meet the requirements of the Code and we recommend approval of their appointment to the police reserve force. e. Harold Dressendorfer who lives off Raccoon Drive, in the area that is being considered for annexation, has requested permission to connect to the City sewer line. We recommend approval of this request. 10813 -13 Minutes of the Regular Council Meeting - August 13, 1981 Councilman Simmons moved for adoption of the Consent Agenda Item Nos. a through e; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None ORDINANCE NO. 3208 AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVEL- OPMENT REHABILITATION PROJECT NO. 80 -03 -07 TO EASTSIDE CONSTRUCTION FOR THE SUM OF SIX THOUSAND SIX HUNDRED TWENTY FIVE & N01100 ($6,625.00) DOLLARS. ORDINANCE NO. 3209 AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVEL- OPMENT REHABILITATION PROJECT NO. 80 -03 -08 TO EASTSIDE CONSTRUCTION FOR THE SUM OF NINE THOUSAND TWO HUNDRED SEVENTY FIVE AND N01100 ($9,275.00) DOLLARS. For tabulation, see Attachment "C." RESOLUTION NO. 783 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR THE CONTINUED OPERATION OF THE HARRIS COUNTY ORGANIZED CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Amending City of Baytown's Personnel Rules Council had been furnished with a copy of a memorandum which contained recommendations of the Classification and Personnel Rule Review Committee. None of the recommendations involve the expenditure of funds with the possible exception of the change in payment for sick leave-policy--Chapter 8, Section 3. Larry Patterson, Director of Personnel, explained that the present policy is a records keeping problem since records are only retained for six years. The policy provides that if an individual leaves city employ, the individual is paid for accumulated sick pay up to 90 days and upon retirement up to 120 days, returns and then leaves again, that individual will only receive the difference between what was paid originally and what has accumulated under the second hiring. Since personnel records are only maintained for six years, if an individual is re- employed after that period of time, there is no record of what was paid under previous employ- ment. Therefore, the recommendation is that re- employment after a six year absence will act as new beginning. Mr. Patterson stated that this should not be a big problem since there has only been one such case in the past six years. Councilman Fuller stated a minor point of correction throughout the proposed changes where "my office" is used that wording should be "personnel office." 10813 -14 Minutes of the Regular Council Meeting - August 13, 1981 Councilman Philips moved for adoption of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None ORDINANCE NO. 3210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING THE "CITY OF BAYTOWN PERSONNEL RULES "; PROVIDING FOR A REPEALING CLAUSE, CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Acquisition of Right of Way to Realign Cedar Bayou Lynchburg at North Main This matter was discussed during the last Council meeting. The Administration was asked to develop cost estimates to obtain rights of way to realign Cedar Bayou Lynchburg at North Main. The county has agreed to perform the construction if the City will obtain necessary rights of way.. Estimated cost of rights of way for realignment is $180,000. There are three property owners involved. At one location a building is located and the project would sever the lot; therefore, the city would necessarily purchase the entire lot. The City Council has requested that the County include the rebuilding of Cedar Bayou Lynchburg in the next County bond issue; however, there are no guarantees that this project will be included in that bond issue. In response to Councilman Johnson's inquiry as to whether the possibility had been considered to curve in the other direction, Mr. Lanham stated that this had not been considered, but that could be a possibility. Mayor Hutto suggested that perhaps it would be best to continue working with the County to have this item included as part of the next County bond issue; Council concurred. Consider Driveway Information for 705 East Lobit Mr. C.H.R. Burroughs appeared before Council at the last Council meeting concerning his driveway. Council had requested that the Administration develop a sketch of Mr. Burroughs' driveway in relation to the street. That sketch has been included in the Council packet. The driveway from the street up to the sidewalk is a steep grade. The sidewalk is level, but the driveway is another grade up to the house. The Administration felt that one possible solution would be for Mr. Burroughs to rebuild his driveway. In most cases when driveways are constructed the sidewalk is torn out and the driveway constructed. Councilman Johnson inquired if Mr. Burroughs were to tear out the existing driveway and sidewalk and rebuild, would in Mr. Dykes opinion the car still drag? 10813 -15 Minutes of the Regular Council Meeting - August 13, 1981 Mr. Dykes responded that he felt the car would not if Mr. Burroughs went up into his yard to the proper point to connect to the existing driveway and if Mr. Burroughs followed the City of Baytown's recommended driveway specifications. Those specifications are 1 to 12 inch slope. On driveways with this slope, very few cars will drag even with the crown of the street higher. There could be some exceptions, but the 12 inch slope should take care of most cars. Mr. Dykes pointed out that the biggest problem is the 20.8% slope between the gutter line and the sidewalk in that short distance of about 5 feet. Mr. Dykes stated that there are many cases like this within the city. Under present city policy, these are the responsibility of the property owner. Mayor Hutto stated he could not see anything that the city could do about the situation. Council felt that Mr. Burroughs should be notified of what the solution to the problem would be and requested that the Administration draft a letter to Mr. Burroughs explain- ing the city policy and forward a copy of the driveway standards in the event he should elect to rebuild his driveway. Consider Request of Harris County Muncipal Utility District No. 3 for Sewer and Water Service Outside City Limits Harris County Municipal Utility District No. 3 was formed several years ago, but was never activated. Plans are to activate the district which is located north of Interstate 10 and west of Garth Road. The request has been made to purchase water which request should be referred to the Baytown Area Water Authority - -the appropriate entity to provide water service. However, the City of Baytown would be the proper entity to provide sewer service. However, the sewer line down Garth Road to service the mall and that area will be overloaded within a few years. There has been some discussion regarding the development of a plan that would involve enlarging the West Main Sewerage Treatment Plant but with continued added flow, that plant will become overloaded. Several years ago, a long range sewer plan provided for the area north of the city to be served on the west side or the West District. At this point, the Administration would not be able to give Council a clear indication of where the money would come from to finance the enlargement of the West District plant. However, there is over $500,000 obligated to be paid the City of Baytown by Lake Municipal Utility District as plant buy -in. At the time that agreement was made, the plan was to enlarge West Main plant to accomodate that flow, but that money could be spent to enlarge the West District plant. If Harris County Municipal Utility District No. 3 elects to pay a buy -in charge, along with other areas which have requested service, there would be the possibility that the city would collect enough in buy -in charges to enlarge the West District plant. Councilman Philips inquired what the city is planning for the area east of Garth? 10813 -16 Minutes of the Regular Council Meeting - August 13, 1981 Mr. Lanham responded that that should be part of the plan. The city should build a line to take care of some of the growth to the east and some day, perhaps do the same thing on the east and enlarge the East District plant. The long range plan was developed in the early 1970's. Councilman Philips stated that that plan needs to be updated badly. Councilman Philips stated that before the City could say that Harris County Municipal Utility District No. 3 would be provided with sewer service, an engineering study would be necessary to determine costs. Mr. Lanham stated that with Lake Municipal Utility District, the City of Baytown agreed to furnish a certain amount of plant capacity. The city can do a similar thing with this district and decide where the service will be provided. The district also has the option of building and operating their own treatment plant if a permit can be obtained. Councilman Fuller also advocated an engineering study be performed to determine future needs. Mr. Lanham stated that the Administration needed guidance from Council at this point whether Council would like the Administration to continue to pursue this idea. Councilman Philips suggested that an engineering update should be made of the study that was performed in the 1970's; Councilman Fuller concurred. Other Council members had no objections. Consider Appointments to Mechanical Board Councilman Philips moved that the following appointments be made to the Mechanical Board: John E. Moore, Registered Mechanical Engineer L. E. Hlanak, General Contractor John Alexander, Jr., Air Conditioning Refrigeration Journeyman Thomas R. Kelley, Licensed Mechanical Contractor Mr. Kelley was previously on the board as Air Condition- ing /Refrigeration Journeyman. Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None Consider Appointments to Baytown Area Water Authority Board These will be considered next regular meeting. W 10813 -17 Minutes of the Regular Council Meeting - August 13, 1981 Consider Appointments to Parks and Recreation Board Councilman Johnson moved that the following appoint- ments be made to the Parks and Recreation Board: Wayne Gray and Quin McWhirter. Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor. Hutto Nays: None Recess into Executive Session to Discuss Pending Litigation Mayor Hutto recessed into executive session to discuss pending litigation. When the open meeting reconvened, the following business was transacted: Consider Proposed Ordinance, Authorizing Acquisition of 3.93 Acres Out of a 22.7722 Acre Tract to Construct Bayway /Baker Road Drainage Ditch Councilman Philips moved to adopt the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None ORDINANCE NO. 3211 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR FIFTY EIGHT THOUSAND EIGHT HUNDRED FIVE & N01100 ($58,805.00) DOLLARS TO THE OWNERS, OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN INTERESTS IN A TRACT DESCRIBED HEREIN, FOR A UTILITY EASEMENT; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Authorizing Settlement of Lawsuit-- Bayshore Constructors, Inc. vs City of Baytown Councilman Simmons moved to adopt the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Hutto Nays: None ORDINANCE NO. 3212 AN ORDINANCE AUTHORIZING SETTLEMENT OF A LAWSUIT AGAINST THE CITY OF BAYTOWN STYLED BAYSHORE CONSTRUCTORS, INC., VS. CITY OF BAYTOWN; MAKING VARIOUS PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 10813 -18 Minutes of the Regular Council Meeting - August 13, 1981 Ad j ourn There being no further business to be transacted, the meeting was adjourned. Li een P. Hall, City Clerk a� E U cITY o� BAYTOV�N TITLE: �ATA pR(X'ES� �t���� B1D TABULATION B 1 D � 817 -70 - _ `: �� DATE �kY�,,� �� , � , - �.. TENT QTY DESCRIPTION DATA PRlOCESS�NG DQUIPMEi�ir Package 1 One Year Rent Three Year Lease - Purchase Five Year Lease - Purchase Maintenance Delivery Charges Total Package 11 One Year Rent Three Year Lease - Purchase Five Year Lease - Purchase Maintenance Delivery Charges Total Package 111 Outright Purchase Monthly Lease Delivery A. R. O. * Does not include rental on CRT' ** Based on Tow Year Rent, also maintenance is included in rental_. „� GROSS 7'07AL LESSTDISC. N � I OTA n ..1VRRY UNIT EXTENOEO UN1T— 'i�N0E0 UN $2,102.00 ** NO BID �^ CC�PAi�1IES $2,482.00 NO BID NO BID NO BID $ 291.00/m NO BID $ 610.00 NO BID * $ 557.00 ** $1,501.00 $1,556.00 $1,267.00 I`TO BID $ 827.00 540.00 481.00/m $ 348.00 $ 615.00 $7,161.00 I� BID $ 285.00 NO BID 45 -60 days UNfT EXTENp p UNIT j EX BIDS. _ --- �._- ....� -�. �..�. �.i...a -- "-r -�._ _ _-. CITY ' OF BAYTOINN TITLE Rehabilitation Housing Projects g�D TABULATION. BID: DATE.- August 3, 19sl . Eastside Const. Gusto Bu ode ITEM QTY DESCRIPTION unrlT EXTENDED UNIT EXTENOEO UNIT aarC Ga��`F PI?ICE PRICE Rehabilitation Housing Nelson Prosper C UNIT I EXTENDS UNIT EXYENO l . Project 80 -03 -07 700 Willow $6,625 $8,915 6,753 $b, 711 •. 2 Rehabilitation Housing Project 80 -03 -08 1521 Thompson $9,275 $100000 9,995 $12,510 U ' cd GROSS TOTAL LESS DISC. t F TOTAL Attachment "A" Honorable Mayor and Members of the Council: The Board of Equalization for the City of Baytown for the year 1981 held.public hearings on July 6th, 7th, 8th, 10th and 15th and Industrial Hearings on July 9th. In addition the Board reconvened July 22nd and again on July 29th to give further in -depth consideration to the information presented during the hearings. It was this Board's opinion that private home residential values considering both improvements plus land as assessed by the Tax Department are close to the 100% market values of these properties. With few excep- tions the Board accepted these total values. However it feels most resi- dential land values, considered alone, are too high and recommends that the Tax Department-develop more current cost schedules for land values. It was the Board's opinion that the assessed values of most multiple unit apartments are significantly below 100% market value. The Tax Depart - ment'set values on apartments based on 1978 cost figures. It did not change these values for 1981. Although the Equalization Board recognized an inequality between assessed values of private residences at 100% market compared to apartments at some 20% to 25% below market, it did not have sufficient time to develop information to support a basis for adjustment in the values set by the Tax Department, thus it accepted the assessed values. However, the Board strongly recommends that the Tax Department assemble available up -to -date apartment cost data and develop new schedules in time to apply these schedules in assessing apartments next year in order to eliminate the inequality now existing. 6 The Board recognized the difficulty the Tax Department had in trying to place true market values on properties along Texas Avenue. It was reported that at least one of these properties had actually been offered as a gift to a non profit organization and the gift rejected, so, in theory, that property had no value. The Board accepted the values placed on Texas Avenue properties by the Tax Department but feels that significantly lower values would be in order for these properties next year based on actual sales or, in the absence thereof, bonifide offers to sell. The assessed values for improvements on lands below 16 feet mean sea level elevation came in for considerable discussion. Where the elevation was known with certainty, the Tax Department had made downward adjustments in the value of lands below 16 feet elevation, however it did not devalue the improvements unless actual flooding of the improvements had occurred. The Equalization Board recognized an inequality between assessed values of improvements below elevation 16.0 feet compared to the value of similar improvements at higher elevations. Since the Board did not have sufficiently accurate information to adjust values, the Tax Department values on these properties were accepted. The Board recommends for next year that the city set bench marks around low areas such that actual elevations of improvements on lands'in low areas can be determined for each property. Existing maps are not precise enough for use. A schedule could then be developed by the Tax Department to devalue the improvements and land based on the actual elevation as determined by survey. Such a schedule could apply a certain percentage decrement say 3z% for each 1 /10th foot drop in elevation below elevation 16.0, or some similar schedule. Many owners of property along Garth Road appeared before the Board to protest the square foot values placed on the strip of land on each side of Garth annexed by the city. The Tax Department had limited sales to support the values set between Cedar Bayou - Lynchburg Road and San Jacinto Mall; consequently the Equalization Board accepted these values. However, the Board recognized that such values work an extreme hardship on long time property owners who have permanent residences on the property. The high values could very likely force some families to sell their homes and move to another location against their will which does not seem fair to those individuals. The Board felt sympathetic to those individuals but could not find a legal basis for adjusting their values. The Board accepted the values of industrial properties as set by the Tax Department with the exception of U.S. Steel where a 2Z76 downward adjustment was made on plant facilities in vier of the disappointing earning outlook presented by the U.S. Steel representative. For 1980 a 15% discount had been allowed. For 1981 the Tax Department proposed a 1h% discount. The Board voted 10 %. However, even with this adjustment, the U.S. Steel total valuation increased approximately 9.7 %. The Board let stand a $21,608,340 (9 %) decrease in value allowed Houston Light & Power Company by the Tax Department. The Board recommends that next year's members be appointed earlier to allow more in -depth review of problem areas. The Board found Tax Department records to be accurate and in excellent order. In our opinion, it is an efficiently run department with well qualified and cooperative employees and good leadership. The Board recommends, as it did last year, a more conservative approach to land and residential valuations because, in our opinion: a. City of Baytown values are higher than county or school values for the same land and residential properties. b. The charter limitations on ad valorem tax increases should be considered. c. Higher City of Baytown values may influence the County -wide Appraisal District to set higher values on Baytown properties as compared to similar properties in other areas of the county. d. The residential real estate market appears to be softening. As indicated above, the Board has accepted the Tax Department valuations and hereby presents for your acceptance an assessed value of $1,662,932,330 representing 100% of the fair market value. Respectfully submitted, 0. L. Clevenger, Chairman Members: � 1 T. M. 0 ayton Oseph B. Muller