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1981 09 24 CC Minutes10924 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 24, 1981 The City Council of the City of Baytown, Texas, met in regular session on Thursday, September 24, 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 M. Simmons Mary E. Wilbanks Roy L. Fuller Allen Cannon Absent: Emmett 0. Hutto Fritz Lanham Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Mayor Pro Tempore 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 transacted: Mayor Pro Tempore Cannon indicated that all votes would be taken by a show of hands. Minutes Councilwoman Wilbanks moved for approval of the minutes; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None Receive Petitions Refugio Martinez, 3126 Nebraska, representative of the DeZavala Neighborhood Council, appeared to present Council with a petition expressing the concern of the neighborhood council with regard to unhealthy conditions in the Old Baytown area. The DeZavala Neighborhood Council, as requested by the Clean City Commission, had performed a survey of Fast Baytown Subdivision, Airhart Addition, Busch Terrace and Leger Subdivision. In this survey the following violation checklist was utilized: (a) junk cars, (b) dilapidated (run down) unsafe buildings, (c) lumber or building materials (city will not pick up), (d) improper garbage handling, (e) loose trash in yard and alley, consisting of trash, garbage and dead animals and (f) large discarded household items in alleys (refrigerators, furniture, mattresses, etc.). In Airhart Addition, 71 violations were listed; in East Baytown Subdivision, 209 violations were listed; in Leger Subdivision, 45 violations were listed; and in Busch Terrace, 8 violations were listed. Along with a petition which contained 643 signatures, a resolution from the Bayshore Community Development Board was also presented. 10924 -2 Minutes of the Regular Meeting - September 24, 1981 Councilman Johnson moved to accept the petition; Councilwoman Wilbanks seconded the motion. In response to an inquiry from Council, Mr. Martinez explained that East Baytown is the subdivision between old Baytown Junior High to Fehring Service Station on the south side of Market Street, from Oklahoma through the state street names and ends at New Jersey. Leger Subdivision begins at New Jersey and ends at Utah Street. Council thanked Mr. Martinez for the input and requested that the Administration check into the matter to determine what alternatives are feasible. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None Mr. Lanham had been presented with a petition from the residents of Ponderosa and Craigmont Additions requesting that City Council approve the lowering of Ponderosa Street where it intersects with Baker Road to help move water out of subdivisions and alleviate flooding of homes. The Administration has been working on this problem. The county has been contacted in this regard because at present the county is in the process of improving Baker Road. The county's contractor has agreed to perform this work for the sum of $4,781. The city could contract with the county to perform this work which would mean a change order to the county's contract on Baker Road. Mr. Lanham explained that a large area drains across toward Goose Creek and where Ponderosa intersects with Baker there is a little over one foot rise to Baker Road which causes the water to rise and then flow back into the subdivisions. The inlets in the subdivisions will only hold so much water which causes the water to flow into yards. Approximately 100 feet of Ponderosa will be reworked to remove the rise and develop a smooth flow pattern for most of the water to move from Ponderosa into the storm sewer system along Baker. Mr. Lanham mentioned that the funds to perform the project would come from the 1981 -82 street improvement budget. Steven Donnelly, 4503 Ponderosa, was recognized and he confirmed that there are homes in this area that are flooded during heavy rains. He stated that the rise acts as a dam at that point. The residents felt that the large storm sewer system on Baker could adequately handle the added flow. Councilwoman Wilbanks moved to accept the petition and indicate to the Administration that Council would like to arrange for the county to have this work performed; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None 10924 -3 Minutes of the Regular Meeting - September 24, 1981 Councilman Philips commented that perhaps the only solution to the DeZavala petition would be to acquire contract help above and beyond regular staff capabilities. Councilman Philips specified that perhaps contract help could be acquired to place containers in the neighborhoods to determine if this will precipitate self -help in those areas. City Manager's Report Houston Lighting & Power Company Statement of Cost Comparisons - The statement of cost comparison from Houston Lighting and Power Company indicated that the cost for 2,000 KWH useage for October is slightly more than for September. However, October is still lower than August. Sale of Bonds - Mr. Lanham mentioned that Harris County had sold $20,000,000 in road bonds for 9.75% interest. The reason for this was that the bonds had a very short maturity. The average maturity was 5 1/2 years, while the City of Baytown's average maturity is about 10 1/2. Tom Masterson, City of Baytown Fiscal Agent, felt that the City of Baytown's bonds would sell at 11.25% to 11.500. Mr. Masterson has suggested that the city plan for a bond sale of 5.6 million at 7:30 p.m. on October 15. October 15 is not a regular Council meeting date, but is on Thursday. If a change develops, there would still be time for Council to change the sale to another date and reduce the amount. Since Council will be meeting to discuss architectural and engi- neering firms on October 1, the Administration can report to Council at that time concerning the pending sale of bonds. For this bond sale, Baytown has not been rated; however the last rating was A -one with one firm and A -plus with the other. These are comparable ratings. Mayor Pro Tempore Cannon requested that the Administra- tion inquire of the fiscal agent if the city could propose two conditions of sale - -5.6 million or 2 million. Mr. Lanham stated that the Administration would check this possibility. Houston - Galveston Area Council - The Houston - Galveston Area Council is in process of developing cooperative purchasing of various items that local governments utilize. The Administration requested that Council consider whether the City of Baytown would be interested in a cooperative purchasing arrangement for police vehicles. For the last three years, the city has not purchased police vehicles from local dealers. However, local dealers would have the option to bid on the H -GAC proposal. Chief of Police Turner was present and stated that he felt that through this volume buying, a better price could be obtained. He felt that there would be no problems associated with this concept because the cars would be shipped directly from the manufacturer to local dealers who would service the vehicles. Specifications will be bid according to the city's need. Houston - Galveston Area Council will be forwarding a contract for formal action. Council had no objections to participation by the city in cooperative purchasing with H -GAC on police vehicles. 10924 -4 Minutes of the Regular Meeting - September 24, 1981 Drainage - City crews have completed approximately 900 of the work on Goose Creek Drive; the work at Park and Airhart has been completed and the work on the ditch east of Sterling High has been completed. The drainage work on Gaillard at West Sterling is 95% complete and a project on Bayway Drive, north of Baker has begun. Councilman Johnson mentioned that he had received a call from a citizen who resides on Bruce at Narcille concerning drainage problems at that location. Mr. Lanham responded that Narcille is on the list of drainage projects for next year. Part of the Goose Creek Drive project consisted of a ditch between houses. This area has been excavated in preparation for the slope paving that will be performed there. 1981 Street Improvement Program - The City of Baytown paving contractor has almost completed the 1981 Street Improvement Program. The curb and gutter work on Kansas Street has been completed and the excavation and reconstruction of the base has been completed. The only remaining work is the asphalt work. Garth Road Water and Sanitary Sewer Lines - The Administration had reported at a previous Council meeting that all the property owners who had indicated an interest in the water and sewer line extensions on Garth Road had not paid their share of the costs, nor had all the easements been dedicated. The contractor has indicated a willingness to wait a few days longer; therefore, there is the possibility that this project may still be a reality. Questions /Comments Regarding City Manager's Report Councilman Johnson inquired concerning a temporary building which may be located on easements of a house that is for sale on Sunset Street. Jack Cramer, Chief Building Inspector, responded that he was aware of the situation, but the matter had not been investigated as yet. In response to an inquiry from Council concerning the condition of Cedar Bayou Road between North Main and Highway 146, Mr. Lanham explained that that had been considered for rebuilding, but the estimate to perform this work was quite high. Mr. Lanham stated that the Administration will consider that street again this year. Council also mentioned that Park Street from Bayway Drive to the railroad tracks at Exxon was in a state of disrepair and should be considered on the upcoming street improvement list. Pat Chapman and John Schnellbacher Will Appear Regarding Mobile Home Ordinance John Schnellbacher, an attorney from Houston and represen- tative of Mr. Boston, appeared concerning the requirement of the mobile home ordinance that a driveway must be constructed prior to the granting of permits associated with the placement of a mobile home. Mr. Boston has been residing at 3330 Marvin Road for over ten years. Recently, he purchased a new mobile home, but prior to the Inspection Department granting necessary permits for electrical, plumbing, 10924 -5 Minutes of the Regular Meeting - September 24, 1981 etc., Mr. Boston would be required to install a driveway in accordance with provisions of the ordinance. Mr. Boston was seeking Council relief. Mr. Schnellbacher and Mr. Boston were informed that the proper procedure would be to made an appointment to appear before the Mobile Home Review Board, which board is charged with hearing appeals of decisions made by the chief building inspector. If the board's ruling is unsatisfactory, that ruling may be appealed to City Council. Consider Proposed Ordinance, Adopting 1981 -82 Budget for City of Baytown The proposed ordinance is based on the budget as revised by Council at its work session on Monday. The ordinance will appropriate for the general fund, $15,498,284; for the solid waste fund, $1,452,199; for the waterworks and sanitary sewer fund, $7,322,934; for the general fund debt service, $2,787,665 and for the waterworks and sanitary sewer debt service, $353,603. The Administration recommended approval of the ordinance. Councilman Philips moved to adopt the ordinance; Councilman Simmons seconded the motion. Councilman Philips requested that Council work more closely with the Board of Equalization and that the problems specified by the Board of Equalization be addressed. Councilman Philips also requested that when the tax rate is published that not only State law requirements be met, but that Charter requirements be met. He felt that there should be no shadow regarding whether Council is adhering to Charter requirements. He felt that the schedule should be arranged next year so that the tax hearing is held at least four (4) weeks prior to the deadline so that if there is the necessity to rework the budget, this can be accomplished without the pressure which was exerted this year. Councilman Philips stated that he felt that Council could improve its budget review work, beginning with the appraisal program. Council- man Philips maintained that Council should expect the Administration to resolve this question about the Charter and that Council should allow and ask the Administration to set the schedule so that Council will have at least four (4) weeks to go back and review the budget. He further stated that Council should be working in a position to allow time for review of services that could be discontinued. This was not done this year. Perhaps Council could have trimmed another $ .02 from the tax rate if Council had looked at existing in place programs that could be discontinued. He felt the process and schedule should be worked so that Council would have time to do that. Mayor Pro Tempore Cannon concurred with Councilman Philips and made a plea that the citizens of Baytown become involved in the budget work sessions. He stated that a number of persons had commented to him that they were unaware that they could participate in these sessions. He requested that the press encourage people to come down and become educated. He stated that basically he agreed with what the Baytown Taxpayers Association is trying to accomplish, but felt that they should be involved in the entire process from the very beginning. 10924 -6 Minutes of the Regular Meeting - September 24, 1981 Mayor Pro Tempore Cannon also pointed out the fact that Council for the first time has adopted a zero based budget. He reiterated that the employee package was substantial and that Council had the right to expect employees to respond accordingly, and ended his remarks by requesting that costs be controlled where possible and that the best level of service possible be provided. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None ORDINANCE NO. 3228 AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982, IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE. Consider Proposed Ordinance, Adopting City of Baytown Revenue Sharing Budget for 1981 -82 A total of $703,623 is available for appropriation from three sources: (1) Anticipated Entitlement XIII, $596,103; (2) Entitlement XII Unappropriated Funds, $596,103; and (3) Unappropriated Interest Funds, $54,000. The broad categories in which the expenditures have been grouped are as follows: Public Safety Environmental Protection Public Transportation Recreation Library Social Services Financial Administration $ 12,300.00 331,304.00 245$19.00 8,500.00 25,000.00 70,000.00 11,000.00 $ 703,623.00 The reason for this terminology is to meet federal guidelines. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordi- nance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None The category Public Transportation will be utilized for street improvements and a large part of Environmental Protection will be utilized for sliplining. ORDINANCE NO. 3229 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE SEVEN HUNDRED THREE THOUSAND SIX HUNDRED TWENTY THREE ($703,623.00) DOLLARS FROM THE UNAPPROPRIATED TWELFTH ENTITLEMENT PERIOD FUNDS OF GENERAL REVENUE SHARING, 1981, THE UNAPPROPRIATED FUNDS FROM THE TWELFTH ENTITLEMENT PERIOD, AND UNAPPROPRIATED INTEREST TO THE FOLLOWING BUDGET ACCOUNTS; 4282 -100 PUBLIC SAFETY; 4282 -20, ENVIRONMENTAL PROTECTION; 4282 -30, PUBLIC TRANSPORTATION; 4282 -50, RECREATION; 10924 -7 Minutes of the Regular Meeting - September 24, 1981 4282 -60, LIBRARY; 4282 -70, SOCIAL SERVICES; 4282 -80, FINAN- CIAL ADMINISTRATION; DIRECTING THE CITY CLERK TO FILE AND GIVE NOTICE OF THE AVAILABILITY OF THE ADOPTED BUDGET; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Approval of Baytown Area Water Authority Budget for 1981 -82 The proposed budget has been reviewed by the Baytown Area Water Authority Board. The total expenditures which have been recommended are $2,876,057. The budget for the year 1980 -81 was $2,677,900 which represents approximately $200,000 increase. The Administration recommended approval of the 1981 -82 BAWA Budget. Councilwoman Wilbanks moved to approve the Baytown Area Water Authority Budget for 1981 -82; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None Consider Proposed Ordinance, Amending Chapter 14, "Garbage, Trash and Brush," to Provide an Increased Charge for Solid Waste Collection The budget that Council adopted was based in part on the additional revenue that will be generated by the increase in charges for collection of solid waste. The charges will be increased from $5.50 to $6.00 per month with no change in charges to persons over age 65. The reduced rate for senior citizens who apply for the reduction will continue to be $3.25. The Administration recommended approval of the ordinance. In response to an inquiry from Council, Mr. Lanham stated that budget projections had been based on collection of the increased charge over a twelve -month basis. Councilman Fuller moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None ORDINANCE NO. 3230 AN ORDINANCE AMENDING CHAPTER 14, "GARBAGE, TRASH, AND BRUSH," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN SETTING THE CHARGE FOR COLLECTION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 10924 -8 Minutes of the Regular Meeting - September 24, 1981 Consider Proposed Ordinance, Calling for Two (2) Public Hearings on Proposed Annexation Adjacent to and North of Lynchburg -Cedar Bayou Road and Adjacent to and East of Goose Creek Stream Owners of an approximately 64 -acre tract have requested annexation by the City of Baytown. A map depicting said location was posted in the Council Chamber for review by Council. The proposed annexation is in the general vicinity of the Coady Landfill site which is no longer being operated as a landfill. The proposed ordinance will call two public hearings in accordance with recently adopted legislation. One of these hearings must be in the area to be annexed and the other is to be held at city hall. Water and sewer services are available to the area. It will be necessary that a lift station be enlarged, but the developers understand that and know that this will be their responsibility. The developer must comply with the drainage ordinances and in that regard he does have certain options. Mr. Lanham mentioned that the actual acreage being proposed for annexation is 66 acres rather than 64 because of a street that is to be included. The proposed ordinance calls for a hearing to be held at 5:30 p.m. on October 8 at the northeast corner of the intersection of Goose Creek Stream and Lynchburg -Cedar Bayou Road. There is no building at that location; therefore, the hearing will be held in the open. It will be necessary for a majority of the City Council to hold this hearing. Another hearing will be held at 7:00 p.m. on October 8 at city hall. The Administration recommended approval of the ordinance. The new law on annexation also requires that the city develop a plan for providing services to the area to be annexed. That plan must be available at the time of the hearing; therefore, Council should direct the Administration to prepare said plan. The city has 2 1/2 years to provide the same services available to other parts of the city to the newly annexed area. Councilman Philips requested that cost estimates be developed for providing the various services, along with the plan for implementation. Councilman Johnson moved to adopt the proposed ordinance and to direct the Administration to develop a plan to provide city services to the area; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None ORDINANCE NO. 3231 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR THE PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF AN APPROXIMATELY 64 ACRE TRACT LOCATED EAST AND ADJACENT TO GOOSE CREEK STREAM AND NORTH AND ADJACENT TO LYNCHBURG CEDAR BAYOU ROAD; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 10924 -9 Minutes of the Regular Meeting - September 24, 1981 Consider Proposed Resolution, Authorizing City of Baytown to Continue Group Insurance Coverage Under the Texas Municipal League Plan Adoption of this resolution would continue City of Baytown employees coverage under the existing plan for another year. Although there has been a significant increase in premium costs, those costs are reasonable in terms of premiums paid versus claims paid and increases in cost of medical services for this area. The Administration recom- mended approval of the resolution. Mayor Pro Tempore Cannon mentioned that there has been a significant change this year. Premiums paid have exceeded claims paid. Mr. Lanham mentioned that when Council adopted the budget, this changed the city's participation in the insur- ance program. Therefore, although there is an increase in premiums, the employees will be paying substantially less for family coverage. This also provides for changing to a composite rate, rather than the rate that is now being utilized. The composite rate, based on the increase, would be $74.89 for family coverage. With the city paying eighty (80 %) percent of the premium cost, the employees share will be $14.98. In response to an inquiry from Council, Mr. Lanham stated that he felt the increase to be competitive with other companies because if the city were to go out for bids, any company bidding would consider the city's past experience. A problem with insurance coverage has been that carriers have been changed frequently. Councilman Philips moved for adoption of the resolu- tion; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None RESOLUTION NO. 788 A RESOLUTION EXPRESSING THE DESIRE OF CITY COUNCIL TO CONTINUE ITS PRESENT GROUP POLICY WITH TEXAS MUNICIPAL LEAGUE INSURANCE TRUST FUND FOR LIFE INSURANCE, MAJOR MEDICAL BENEFITS, AND BASIC MEDICAL BENEFITS FOR THE CITY OF BAYTOWN EMPLOYEES; DIRECTING PAYMENT OF PREMIUMS; AND PROVIDING FOR THE EFFECTIVE DATE. Consider Employing Touche, Ross as Rate Consultants for Houston Lighting and Power Company Rate Increase Request Randy Strong, City Attorney, stated that in July, Houston Lighting and Power applied for rate increases, at that time, Council acted to suspend that rate until December 8. The hearing before the Public Utilities Commission on the unincorporated areas has been stipulated by the parties and if it has not been presented to the Commission for final determination. Therefore, the City of Baytown needs to have its hearing on municipal rates before the first part of December. Last year Council retained the firm of Touche, Ross 10924 -10 Minutes of the Regular Meeting - September 24, 1981 and Company, an accounting firm that specializes in rate hearings. Touche, Ross presented a summary of their findings and recommendations to Council. The City Attorney has been in contact with representatives of the firm and the firm could make a similar presentation this year for a sum which should not exceed $1,500. Last year the fee was $900. This is the same firm that has been retained by the City of Houston on this same rate increase. There is no one on the city staff with the expertise required to evaluate Houston Lighting and Power Company's.request and make a recommendation as to what the rates should be. The Administration recommended that Touche, Ross be retained to evaluate the Houston Lighting and Power Company's request for rate increase and make recommendation to City Council. At the public hearing, HL&P and others may appear to make a presentation. Councilman Philips stated that his personal feeling was that any possibility of direct impact resulting from this was nil. He felt that the PUC had already done a good job of reducing HL &P's request. To attempt to get the amount reduced further would be to no avail. He stated that he would not favor this same approach each time, but in this particular situation, he felt that the city could save the $1,500 and not participate. The City Attorney pointed out that what has happened before the PUC this year on the rural rates is that there has not been a presentation or hearing before an examiner because the various parties- -HL&P, various industrial groups and some consumer groups, have agreed to a rate. HL&P agreed to a lower rate to get the rate enacted sooner. Therefore, there has not been a "true" hearing before the PUC. In fact, the hearings held by the cities of Baytown and Houston, if Baytown holds one, will be the only true adversary -type hearings to be conducted. Houston has retained Touche, Ross and plans to hold a hearing. The HL &P requested rate increase if $248,000.00. The stipulated agreement is $185,000,000. Councilman Fuller stated that he felt the Council would be a bit remiss if expert advise were not obtained. He felt that Council was obligated to assure the citizens that their best interests are being served. He felt that $1,500 would be very reasonable to obtain the expertise necessary to substantiate what the rate should be. Councilman Simmons stated that he understood that Councilman Philips was saying that to retain the firm of Touche, Ross would be a futile exercise and he concurred. However, he also understood that Councilman Fuller was saying that the citizens would demand that Council make some attempt to mimimize the rate for electrical service. The best vehicle for this is to hire experts in the field. Therefore, Councilman Simmons moved to retain the firm of Touche, Ross and Company. Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: Councilman Philips 10924 -11 Minutes of the Regular Meeting - September 24, 1981 Consider Proposed Ordinance, Awarding Contract for Radio Consultant One of the recommendations of the Capital Improvements Study Committee was that the police radio system be upgraded. The cost estimate at that time was approximately $300,000. It was the feeling of the executive committee that this small amount could best be financed in some other manner besides voting bonds. Therefore, the Administration suggested to Council that possibly certificates of obligation could be issued to finance these improvements or some other method of financing could be arranged. Council had authorized the Administration to solicit proposals from radio systems consultants. After meeting with the various city departments and determining radio needs, Police Chief Turner developed a rather detailed request for proposals which was forwarded to five firms that the Administration felt might be interested in presenting proposals. Two firms responded. This was expected since there are few firms in this business. A tentative proposal was received from a Mr. Cranfield, Consul- ting Engineer in Dallas, for the amount of $41,537. The other proposal was from a Houston engineering firm that has worked in Baytown and has worked for the Houston - Galveston Council as radio consultants -- Bernard, Johnson submitted a firm, fixed fee of $38,693. Council was furnished with a copy of sheets from the proposal in which the project approach was outlined. There would be a preliminary phase, a detailed design phase and an implementation phase. Much detail was submitted concerning each phase. The proposal is very similar to a contract for civil engineering services. A study would be performed of the needs for the entire city, not just the police system. The report would be made in such a manner that the city would have the option of taking bids as funds are available. The Administration felt this to be a good proposal and recommended approval of the proposal submitted by Bernard, Johnson, Inc. In response to an inquiry from Council, Mr. Lanham explained that the next agenda item would transfer money for the study, but would not cover implementation. At the time costs are projected, the Administration will recommend a course of action. Lease purchase is a possibility. Because of the magnitude of the project, probably the replacement will need to be in phases. Police Chief Turner, in response to inquiry from Council, explained that Bernard, Johnson was responsible for installation of the original radio equipment through a contract with Houston - Galveston Area Council. The only problem with that contract was that there was no requirement for final inspection of equipment. This contingency has been covered under this proposal. Councilman Fuller stated that although the implementation chart indicates final inspection, he would like to be assured that Bernard, Johnson is actively involved during the entire process. Mr. Lanham mentioned that if the company were to agree to have someone in Baytown everyday while the work is in progress, the costs would have to be greater. fir. Lanham read a portion of the proposal which stated that Bernard, Johnson would inspect the installation work while in progress and materials, equipment, wiring and cable used in the installation for compliance with the contract specifications. 10924 -12 Minutes of the Regular Meeting - September 24, 1981 Councilman Fuller stated that this was a very important aspect of the proposal because in the past, the city has not been comfortable with the inspection performance of some contracts. Mr. Lanham responded that the city has a radio technician who would be helpful in this regard. Chief Turner suggested that perhaps the City's legal staff and Bernard, Johnson's legal staff could develop stronger language to insure both parties interests. Mr. Lanham stated that he felt that the company is agreeing to inspect during installation which includes inspection of materials while work is in process and final inspection. Councilman Philips pointed out that under final implementation phase, the proposal includes contract preparation, system implementation and inspections, system cutover and inspections and final inspection. Therefore, the term inspection /inspections is used on three different occasions. Councilman Philips stated that he felt the proposal is very knowledgeably done and moved to adopt the ordinance. Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None ORDINANCE NO. 3232 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH BERNARD JOHNSON INCORPORATED WITH REGARD TO PROVIDING RADIO CONSULTANT SERVICES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Resolution, Authorizing the Transfer of Funds from Council Contingency to 0101 -06 -0400 The proposed resolution will transfer funds in the current budget from Council Contingency to Special Services to finance the contract with Bernard, Johnson for the amount of $38,693. Councilwoman Wilbanks moved for adoption of the resolution; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None RESOLUTION NO. 789 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER THIRTY EIGHT THOUSAND SIX HUNDRED NINETY THREE & N01100 ($38,693.00) DOLLARS FROM COUNCIL CONTINGENCY ACCOUNT NO. 0101 -12 -0100 TO SPECIAL SERVICES ACCOUNT NO. 0101 -06 -0400. 10924 -13 Minutes of the Regular Meeting - September 24, 1981 Consider Proposed Ordinance, Awarding Bid for Steel Side Dump Truck Bids were taken on a steel side dump truck to replace an open bed truck that burned a few months ago. Four bids were received. The low bid that meets specifications, based on what was quoted on the day bids were received is Jim Ball International with a bid of $39,330.50. San Jacinto Ford submitted a bid, but indicated in the bid that a vehicle with six -hole bud wheels would be supplied, rather than the specified ten -hole bud wheels. Since that time, San Jacinto Ford has submitted a letter stating that they will place the required wheels on the truck at the price quoted when bids were opened, which makes San Jacinto Ford low bidder. The City Attorney explained that general law is that a bid is not rejected by mere informalities, minor defects or irregularities. In determining whether a specific problem with a bid constitutes substantial non - waivable irregularity, courts have applied two criteria: (1) whether the change would deprive the city of its assurance that the contract will be entered into and (2) whether the change is of a nature that would affect adversely competitive bidding by placing one bidder in a position of advantage over others. In this situation, what occurred is that someone submitted low bid, but did not meet specs due to a minor irregularity. Therefore, there is no question that if Council allows this it will not deprive the city of its assurance that San Jacinto Ford will comply with the contract and acceptance of San Jacinto Ford would not put one bidder in an advantage over another, because San Jacinto Ford will simply be meeting specifications for the same price quoted at the time bids were let. It would be a different matter if the city would allow San Jacinto Ford to provide an item different than what was specified in the bid documents. For further documentation, Mr. Strong stated that in a New Jersey case, the court ruled that the purpose of having bid opening rules and statutes is to benefit taxpayers to guard against favoritism, extravagance and corruption. Therefore, if the city rejected this bid after San Jacinto Ford has expressed a willingness to comply and paid $2,500 more, this could fall under the extravagance that the Court was saying that municipalities should avoid. The key point is that San Jacinto Ford would be meeting specifications at no additional cost to the city. Mr. Lanham pointed out that delivery time was mentioned in the specs as a condition of the bid. Mr. Ball bid a 1982 model with 60 -90 days delivery, while San Jacinto Ford and the others bid considerable less in terms of delivery. The City Attorney stressed that this particular cir- cumstance is considered a minor irregularity and not a circumvention of the bidding process. Fred Broussard, representative of San Jacinto Ford, was present and stated that the reason he had bid the six -hole bud wheels was that he had understood that the city needed the vehicle as soon as possible and he happened to have that vehicle on the lot. He stated that he had bid the vehicle low in order to help the city save money. In response to an inquiry from Council, the City Attorney explained that Council would be within legal bounds to consider the dollar amount, as well as delivery time. The Charter states that the city must accept the bid of the lowest and most responsible bidder. 10924 -14 Minutes of the Regular Meeting - September 24, 1981 Councilman Philips pointed out that immediate delivery is worth money to the taxpayers because in essence the truck will earn money by being in service. Therefore, Councilman Philips stated that he would feel comfortable with the acceptance of the San Jacinto Ford bid and moved that the ordinance awarding the bid for purchase of steel side dump truck to San Jacinto Ford be adopted. Councilwoman Wilbanks seconded the motion. Councilman Fuller stated that he would support the motion on the basis that acceptance of the San Jacinto Ford bid could be justified on the delivery aspect. Councilman Johnson concurred, but stated that he would like to avoid this type circumstance in the future. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None ORDINANCE NO. 3233 AN ORDINANCE ACCEPTING THE BID OF SAN JACINTO FORD FOR THE PURCHASE OF A STEEL SIDE DUMP TRUCK AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THIRTY FIVE THOUSAND NINE HUNDRED FORTY TWO & 84/100 ($35,942.84) DOLLARS. For bid tabulation, see Attachment "A ". Consider Proposed Ordinance, Awarding Bid for Photo Supply Contract Mr. Lanham explained that there was a problem with this bid which was due in part to the fact that the bid invitation stated F.O.B. Baytown. Neither bidder met specifications; therefore, the Administration recommended that neither bid be accepted. The Invitation to Bid will be altered to reflect minimum purchase of $200. These photo supplies are utilized by the tax and police departments, as well as various other departments of the city. Council suggested that perhaps when this item is rebid that the city might get 3 or 4 more bids. Council took no action on this item. Consider Approval of Plans and Authorization to Advertise for Bids for Sliplining in Eva Maud Subdivision and Along Ferry Road A map was posted in the Council Chamber to indicate to Council where the various lines were located in Eva Maud and the large thirty -six (3611) line on Ferry Road. The lines in Eva Maud have been spot checked by televising to determine the extent of damage. These lines are over 20 years old and probably were laid shallow. The estimated cost to slipline the lines in Eva Maud and along Ferry Road is $214,000. Council placed additional funds in the Water and Sewer Budget for sliplining and this will take a large part of these funds. 10924 -15 Minutes of the Regular Meeting- September 24, 1981 Councilman Philips commented that in order to keep up with the sliplining needs, what will need to be done is to slipline addition by addition. Mr. Lanham responded that this will be done in Lakewood Subdivision as part of the bond program. Councilwoman Wilbanks moved to approve the plans and authorize advertisement for bids for sliplining of Eva Maud Subdivision and along Ferry Road; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None Consider Preliminary Alignment of Rollingbrook Drive Council was furnished with a map of the proposed alignment of Rollingbrook Drive which alignment was devel- oped by the City of Baytown Planning Department in 1970. One of the reasons for developing the alignment was to give Friendswood Development guidelines where their portion of Rollingbrook would be constructed. The consulting engineers need approval of the proposed alignment to get more detailed field notes and determine needed right of way. There has been development of the area based on the proposed alignment. The Administration recommended approval of the preliminary alignment of Rollingbrook Drive. For other steps involved in the process, the Administration will be reporting to Council. In response to inquiries from Council, Mr. Lanham explained that in 1970, the Planning Department of the City of Baytown developed the first alignment and since that time development has occurred based on that alignment. Therefore, to change that alignment now would present problems. Councilman Simmons moved to accept the preliminary alignment of Rollingbrook Drive as presented by the consulting engineers. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None Consider Appointment to Clean City Commission This appointment will be made at a future meeting. Consider Appointment to Planning Commission Councilman Fuller moved to appoint Francis J. Whalen to the position of interested citizen on the Baytown Planning Commission. Councilman Johnson seconded the motion. The vote follows: 10924 -16 Minutes of the Regular Meeting - September 24, 1981 Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None Consider Appointment to Auto Wrecker Committee Councilman Philips moved to appoint Gary Walker to serve on the Auto Wrecker Committee; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Pro Tempore Cannon Nays: None Ad j ourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk TITLE: STEEL SIDE DUMP TRUCK B i D� 819 -15 � — DATE= ' Scptembcr 14 , 19$1 TErv3 Q T Y DESC R 1 PT10N 1. T 1 EACH STEEL SIDE DUMP TRUCK per specifications 1 Truck Make/ Model 8 U cd +� 1 Delivery A.R.O. GlTY OF' BAYTOWIV B!D TABULATION Su erior�Trucks Jim Ball Inter. San Jacinto Ford Gulf State Crane EXTENDED UNlT EXT NOEO UNl7 EXTENOEO UNlr pCTENOED eO 1 � nurr0 RN E ::$ 123,298.00 � S! 38,330.50 � "s�5,942.84. � S1 43,932.00 GMC 1 1981 � 1H � 1982 � Ford ` 1981 �GMC 1 1981 10� Days � 60 -90 Days ,14 -21 I Days � ^21-30 � Days *Income etc Bid. id not bid on Bru h Picker or body. Cab an chassis only. ��oss TOTAL LESS DISC. NET TOTAL s 42,298.00 nos,_ rvr= RY Does of meet � Subj ct to Speci ications prior sale Bid 6 Hole Bud Wheel instead of l0 Hole Bud Wheels