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1982 12 09 CC Minutes4 21209 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 9, 1982 The City Council of the City of Baytown, Texas, met in regular session on Thursday, December 9, 1982, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Fred T. Philips Jimmy Johnson Perry It. Simmons Mary E. Wilbanks Roy L. Fuller Allen Cannon Emmett 0. Hutto Fritz Lanham Larry Patterson Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was called to order with a quorum present and the invocation was offered, afterwhich the following business was transacted: Minutes Councilman Philips moved for approval of the minutes for the meeting held November 22, 1982; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Receive Petitions No petitions were presented. City Manager's Report Houston Lighting and Power - Council had been furnished with information from Houston Lighting and Power Company regarding fuel cost adjustment. Included with this information was information over nine months. The information provided reflected a decrease for December to $76.54 compared to $78.01 for November. Randy Strong, City Attorney, explained that the Public Utilities Commission has proposed to eliminate the fuel adjustment provision in the sense that it will no longer be a separate item on the bill. Effective April 1, 1983, no automatic adjustment recovery costs used in the generation of electric power may be allowed in the tariff for electric 21209 -2 Minutes of the Regular Meeting - December 9, 1982 utilities. In that same amendment to the PUC rules, provision is made for quarterly hearings where the utility will be required to make a quarterly filing to the PUC with a hearing type process where the parties will appear to justify fuel costs. There will continue to be adjustments, but on a quarterly basis. Tentatively, the PUC has set a hearing for January to talk about these provisions. The City Attorney will attend this hearing to determine if the city can lend any input. However, he felt that in order for the cities to be effective at these quarterly hearings, the cities would need to be privy to market information concerning the cost of fuel and the costs of fuel that may be available to HUP. Commerce Street - The Administration would like to restripe Commerce Street from West Gulf to Williams Street to two lanes plus a continuous turn lane. Council had no objections. Insurance Study - Council scheduled a work session for 5:00 p.m. on Tuesday, January 4 and a special meeting for the same day at 6:30 p.m. to discuss the city's insurance needs and authorize advertisement for bids. Sliplining - Three sliplining projects are in progress - -along Alexander Drive, 275 feet of eight -inch liner remains to be completed. With respect to the work along East Texas and Roseland Oaks area, the work is underway on the six -inch line and 1,290 feet has been sliplined. About fifty -two (520) percent of the adjusted contract has been completed. Between Ridgeway and Katherine Streets in Brownwood Subdivision, 154 feet of six -inch sewer has been installed and 668 feet of eight -inch sewer. About forty -seven (47 %) percent of the contract has been completed. The contractor expects to have the entire project completed by December 17. 1982 Street Improvement Program - Asphalt work has been completed on Harding, West Wright, Cornell, North Jones, and Layton. On West James, the contractor has completed the concrete work. The entire contract is more than eighty (80 %) percent complete. Councilman Philips commented that the contractor on East Texas appears to have completed the work for that area, but there remains guard lights, barricades and a surplus of materials off in the drainage ditch. Caldwell Street - The contractor has completed work on driveways and all curbs have been installed. Cleanup remains to be completed. Craigmont /Ponderosa Waterline Replacement - All the four, six and eight -inch pipe has been laid and the contractor is very busy with cleanup. The two -inch pipe remains to be installed, along with all service connections, pressure testing, water sampling and final cleanup. The engineer has emphasized in a letter to the contractor that the excess dirt does need to be removed. Drainage - Katherine and Houston Streets have been completed and Austin Street is about fifty (50 %) percent complete. The city staff has completed plans for the super ditch and the flood control district will be responsible for advertisement to receive bids. 21209 -3 Minutes of the Regular Meeting - December 9, 1982 Fire calls in county - As Council had requested, Mr. Lanham had utilized the operating budget of the City of Baytown Fire Department for 1981 -82 which was $2,424,000, but he had not amortized the fire department equipment or fire stations. In the year 1981, the City made a total of 1,081 calls and of that number, 1,004 were inside the city limits; 77 were outside with 71 being in Harris County and 6 in Chambers County. By dividing 1,081 into the total budget, one gets $2,242 as the costs per call. Multiply that times 1,044, the city's share would be about $2,125,000. Harris County's share would be a little less than $160,000. Chambers County's share would be a little less than $13,500. In looking at the Texas Towns and Cities article, none of the cities appeared to be paid on this basis. Mr. Lanham mentioned that there is a trend downward in the number of out of city calls which may be attributed to the fact that the city has annexed areas in county. Councilman Simmons mentioned that Fire Marshal Pruett had appeared before Harris County's Budget Review Committee last week. At that time, Mr. Pruett did acknowledge that the cities are unhappy, but there is a formula that is being utilized which provides a base figure to all entities and then $50 for structural fires and $25 for non - structural. rsr. Pruett's budget included $500,000 for fire service contracts. The committee has acted on this request. Councilman Fuller pointed out that probably most fires in county would be of a non - structural nature rather than structural fires that would occur in a high density city. Mr. Lanham responded that in 1981, the county paid for 3 structural fires, 37 non - structural fires, 26 emergencies and 5 mutual aid. Councilman Simmons explained that the Fire Marshal did state that some of the entities receiving the $6,000 base may be receiving an excessive amount. Nor. Pruett has stated that next year, the question will be addressed more realistically. In response to an inquiry from Councilman Simmons stated that since been considered by the Budget Review it would be too late for Council to change. Questions and Comments of Council Councilman Philips, this budget has already Committee, he felt that make a request for Councilman Cannon inquired if the Administration had received a petition concerning an on- premise beer license at the corner of Baker and Main. The Administration had not received a petition but there had been an inquiry concerning the application and the party inquiring did state that a petition would be filed. 21209 -4 Minutes of the Regular Meeting - December 17, 1982 Hold Public Hearing on Appeal by Tracy Gorden, dba Gorden's Wrecker Service from Decision of Auto Wrecker Committee (7:00 p.m.) Mayor Hutto called the hearing to order and requested that those who signed the register to stand to be sworn. Bob Walton, Chairman of the Auto Wrecker Committee, and Denzil Shirley, wrecker owner /operator were sworn. Since Mr. Gorden had initiated the hearing, he was not required to sign the register, but the Mayor asked that Mr. Gorden stand to be sworn. After Mr. Gorden was sworn, Mayor Hutto requested that Council review the memorandum from the Assistant City Attorney, Daniel R. Jackson, which is attached to the minutes as Attachment "A." Council had also been furnished with a copy of the minutes of the Auto Wrecker Committee dated November 9, 1982. After the memorandum was throughly reviewed, Mayor Hutto called upon Mr. Tracy Gorden, owner of Gorden's Wrecker Service, who stated that the reason that he had elected to appear before City Council was because he was trying to open his own business. He stated that he was born and raised in Baytown and called Baytown home. Mr. Gorden had been in Houston for the past six years driving a wrecker, but had moved back to Baytown. He stated that he had been before the Auto Wrecker Committee to apply for a wrecker permit which application was denied. He felt that his Constitutional right to work had been violated. Also, Mr. Gorden felt that since the Constitution states that everyone has been created equal, by denying Mr. Gorden's application, the Committee said that he was not equal with the other men who have licenses. Mr. Gorden stated that the Committee had stressed that he represented the new Buick dealership in Baytown, Reading Buick. He stipulated that the reason Reading Buick is painted on the truck is because he would represent the Buick dealership. In Houston this is a common practice as a method of advertisement and he felt that this was his freedom of choice if he elected to have a contract with the dealership and should not enter into whether a license to operate should be granted. Mr. Gorden again emphasized that his reason for appealing to City Council is that he felt that his Constitutional rights have been denied. The only thing he is asking is the right to work and support himself. In response to an inquiry from Councilman Cannon, Mr. Gorden stated that he did not intend to work only for Reading Buick. He would be representing the dealership, but the wrecker service belonged to him and he would be picking up cars that need servicing by the company. He mentioned that he needed all the business that he could get and that he desired to be placed on the City of Baytown's rotation list. Councilman Johnson mentioned that the Auto Wrecker Committee had denied another dealership a permit and requested that when Bob Walton spoke that he would address that. Mr. Gorden stated that he had a contract with Reading Buick which stipulated that at any time there is a disagreement between he and Mr. Reading with fifteen (15) days notice, the contract will be dissolved. This is another reason that he needs to be placed on the rotation list. This would be another means of income. 21209 -5 Minutes of the Regular Meeting - December 9, 1982 Councilman Cannon inquired if Mr. Gorden owns a wrecker. Mr. Gorden stated that he owns a wrecker which has been completely rigged out and inspected by the Baytown Police Department. The wrecker must be inspected prior to filing the application. Councilman Fuller pointed out that Mr. Gorden could operate his wrecker within the city without a permit. The only permit required is to appear at the scene of an accident. Councilman Philips explained that the reason that the city had an ordinance regulating wreckers appearing at the scene of an accident is because in the past there were too many wreckers which were unregulated and the public demanded protection. The ordinance is not to encourage a hardship or to deny anyone the Constitutional right to work. He mentioned that Mr. Gorden has many other ways to utilize his wrecker. The rotation list is only one facet of the wrecker business. Mr. Gorden stated that from what he understood, the rotation list is the main source of income to wreckers in Baytown. Most of the small mechanic shops own their own wrecker and are not willing to have an independent wrecker haul for them. Councilman Philips stated that the wrecker committee has indicated that in its opinion there are not an excessive number of wreckers on the rotation list. Mr. Gorden mentioned that one of the operators on the rotation list operates out of Chambers County; therefore, it would seem that Baytown must need more wreckers if those out in the county are allowed to operate off the rotation list. Mayor Hutto explained that before one can obtain a permit, a determination is made as to necessity and convenience to the public that additional permits be issued. That is the basis on which Mr. Gorden's permit was denied. There was no evidence that there was a necessity to issue another permit nor inconvenience to the public. Mr. Gorden pointed out that Baytown is growing and mentioned that at the hearing before the wrecker committee, the fact that the water plant, truck stop and dealership were to be annexed was mentioned. Mr. Lanham provided Council with figures for the month of November which indicated that the Police Department dispatched 155 wreckers from the rotation list which represents 5.7 per 24 -hour period. There are five wrecker companies on the list. Councilman Philips stated that that does not indicate a great need and to put another wrecker on the list would reduce that average even less. Mr. Gorden responded that one car a day would mean seven a week. 21209 -6 Minutes of the Regular Meeting - December 9, 1982 Councilman Simmons stated that it had been pointed out in the minutes that there are other wrecker operators who would like to make application. Bob Walton, Chairman of the Auto Wrecker Committee, stated that his only intent was to review with Council the points con- sidered by the Committee in denying the application for permit. Mr. Walton provided Council with points considered in Tracy Gorden permit denial. A copy of Auto Wrecker Committee Review Notes is attached to the minutes as Attachment "B." After having reviewed the notes with Council, Mr. Walton stated that it was the opinion of the Auto Wrecker Committee at the hearing held before the Committee that there was not sufficient need for an additional permit at this time. He pointed to the fact that although there are five companies on the list, there are nineteen wreckers which are available to serve the public and the present wrecker holders are prepared to permit more if necessary. Mr. Walton ended his presentation by stating that the items listed are the items on which the Committee based its unanimous decision to deny the permit. Councilman Johnson inquired if each wrecker was required to be permitted. Mr. Walton responded that the first permit to get on the rotation list costs $125 and each permit for that company thereafter costs $25. The company is listed on the rotation list only one time. Mr. Walton stated that the Committee did point out to the applicant that he could tow in the city without a permit. However, a permit is required to tow from the scene of an accident. In response to an inquiry from Council, Mr. Walton explained that only permitted wreckers are regulated with regard to charges and that is only from the scene of an accident. If the wrecker :is called by an individual, the fee is negotiated between the wrecker owner /operator and the customer. Mr. Lanham explained that the ordinance, for several years, placed no limit on the number of permits which could be issued. At one time, there were more than 30 permits. Some wrecker owners had a dozen wreckers with a dozen permits and were on the rotation 12 times. Mr. Walton stated that at one time there was a move to get 39 permits and have all 39 on the rotation list. That was one reason that the ordinance was modified. Mr. Walton stated that if for some reason, one of the permit holders was removed from the list, the Committee would consider putting another wrecker on the list. Councilman Simmons mentioned that the fact that Mr. Gorden does not have a permit with the city would not preclude him from performing wrecker service for the Buick dealership. In response to an inquiry from Council, Mr. Walton stated that there have been rumors that persons are waiting to attempt to be permitted, but the only applicant in the last year was Taylor's application to haul for Ron Craft Chevrolet. This would have put Taylor on the list twice- -once for his own company and once for Ron Craft. The Committee denied that request and the company did not appeal to Council. Mr. Walton stated that the Committee does not have a waiting list at this time, but there are definite rumors and the Committee feels that once a wrecker is added, there will be numerous applicants. Mr. Walton pointed out that at no time has a citizen of the City of Baytown been inconvenienced due to a wrecker not being available. Those wreckers now on the rotation list were grandfathered in under the new ordinance. Pa 21209 -7 Minutes of the Regular Meeting - December 9, 1982 Procedures were simplified to allow renewal without the Committee having to meet. Councilman Cannon stated that he felt there should be some guidelines for increasing the rotation list. Mr. Walton stated that at present there are no hard fast guidelines. The Committee has been considering information furnished by the Police Department in determining whether there is a necessity for additional wreckers. Denzil Shirley, owner of Shirley's Wrecker Service, stated that he did not feel that this was a matter of Constitutional right. It appeared to him that the wrecker companies were acting as a public utility. In fact, the city is at liberty to put its own wreckers into service. It is not a matter of the city being in a position that it must allow wreckers to be permitted. The reason that there are only five wrecker operators is that back when the wrecker companies were con- tracting with the various dealers, other companies were eliminated due to the intense competition. If this practice is reinstituted, Mr. Shirley felt that there would be at least forty permits on the list. Mayor Hutto inquired if in Mr. Shirley's opinion, the wreckers currently permitted could take care of the needs of the citizens of Baytown. Mr. Shirley responded that he personally had enough drivers and enough wreckers to take care of the entire city. Mr. Shirley emphasized that work from the rotation list was minimal in comparison with other wrecker duties and that if Mr. Gorden operated one wrecker, he would be unable to make calls one -third of the time. Again, Mr. Shirley emphasized that it was not a Constitutional right to be on the rotation list. He mentioned that the city has the right to operate its own wrecker service. The wrecker owner /operators are acting as a public utility. Dickey Dunman, operator of Dickey's Wrecker Service, was sworn by Mayor Hutto and testified that the present rotation system has been in operation for two years and that he had never been called out by the Police Department without having unloaded before being called out again. He verified that with one wrecker, one could not wait for a police department call and stated that the police department could verify that he had missed calls for that reason. Mr. Dunman ended his presentation by stating that rotation just does not move fast enough to depend on that as a sole means of income. Councilman Johnson inquired if Mr. Dunman was saying that a man with one truck would miss a number of calls if he's working other jobs. Mr. Dunman responded in the affirmative. Mayor Hutto stated that it appeared that everyone present who desired had had an opportunity to speak and unless there was someone else present who desired to speak, the hearing would be closed. No one else indicated a desire to speak. Councilman Philips moved to uphold the decision of the Auto Wrecker Committee in this instance, realizing that the Committee has looked into the application in depth and it appeared that there is not really enough business at this time to warrant another permittee; Councilman Fuller seconded the motion. The vote follows: 21209 -8 Minutes of the Regular Meeting - December 9, 1982 Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Consider Proposed Ordinance, Establishing Regulations for House Leveling Mr. Lanham explained that this ordinance was placed on the agenda and had been recommended by the Administration to deal with problems created as a result of unregulated house leveling. Presently, there is no permit issued, nor does the city inspect the work. The procedure utilized for leveling is to raise portions of the foundations that have settled with jacks and pump grout under the house to fill the void. What has happened in one particular instance is that the grout was pumped into the city's sewer system and also the sewer line going to the house. The grout hardens to the consistency of brick or rock; therefore, the Administration felt that there is a definite need to regulate house leveling. An ordinance was developed which is based on ordinances of other cities in the area to help guard against this type problem. The ordinance will regulate the activities of slab leveling only. In response to an inquiry from Council, Jack Cramer, Chief Inspector, explained that for those homeowners who desire to level their own homes, a homeowner's permit would be issued. The ordinance will provide for issuance of permits, inspection and the placement of a $10,000 bond to protect the homeowner and a $20,000 bond to protect the city. Councilman Cannon moved for adoption of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Piayor Hutto Nays: None ORDINANCE NO. 3527 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN PROVIDING FOR THE REGULATION OF HOUSE LEVELING; REQUIRING BOND OR INSURANCE OF HOUSE LEVELERS; PROVIDING A PERMITTING PROCEDURE; CONTAINING A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED & N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Approving Ambulance Contract Larry Patterson, Assistant City Manager, mentioned that the proposed contract is an extension of the present contract for another twenty -four month period. There have been a few wording changes to bring the contract into conformance with what present practices are and the contract has been modified to eliminate regulation by the city of all services except emergency services. The proposed contract provides for modification of fee schedule in three instances: 21209 -9 Minutes of the Regular Meeting - December 9, 1982 (1) Emergency Ambulance Service base fee for transporting one person to the hospital is $50. The reference to $ .75 per mile charge is no longer in effect and will be deleted. (2) The charge for waiting in excess of fifteen minutes increases from $20 per hour to $40 per hour. Mr. Navarre emphasized that this charge would never be assessed in the case of an emergency situation. (3) The charge, if any, for unfounded request for service is to be increased from $21 to $25. Mr. Navarre indicated as a matter of practice this charge is not extended if the call is legitimate by a person who incorrectly assessed the situation. Mr. Navarre indicated a base rate increase would not be necessary at this time, but is probable at some point in the future. The Administration recommended approval of the contract. Councilman Simmons moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3528 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT BETWEEN BAYTOWN AMBULANCE COMPANY, INC. AND THE CITY OF BAYTOWN PROVIDING FOR EMERGENCY AMBULANCE SERVICE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Establishing a School Speed Zone for Baytown Junior High Temporary school zone signs are in effect for Baytown Junior School. Council did consider this matter at a meeting 4 -6 weeks ago and at that time there were people at the Council meeting, including a member of the school board who requested that the school speed zone be restored on a temporary basis to allow the school board time to consider this matter and make a recommendation. Council had been furnished with a copy of a letter from Superintendent Clark in which a recommendation is made that a school speed zone be established for Baytown Junior School. Since receipt of the letter, Mr. Lanham had telephone contact with Mr. Clark at which time Mr. Clark requested that consideration be given to some type of flashing signal at this location. 21209 -10 Minutes of the Regular Meeting - December 9, 1982 Bill Cornelius, Director of Planning and Traffic, reported that students of the Middleton Road area do have bus service available. Junior High students would be picked up first in the morning and dropped off last in the evening. Elementary students would be picked up last in the morning. If the elementary students catch a 2:30 p.m. bus, they are dropped off first in the afternoon and if they catch a 3:30 p.m. bus, they would be dropped off last. Observations of students crossing Bayway indicated seven crossings with four of the seven crossings being performed by one person. Estimated cost for two interconnected roadside mounted flashers would be $9,850. Maintenance cost per year would run approximately $1,500. These type devices are placed on the road shoulder fairly close to the traffic which means that the devices are hit by traffic. Council will need to take formal action sometime within the next few weeks since temporary signs are only authorized for 90 days. Councilman Philips stated that perhaps the school could be contacted with regard to rerouting of the school bus for this area; Councilman Fuller pointed out that the letter also referred to traffic problems. Councilman Philips suggested that perhaps no action should be taken at this time, other than to suggest that the school install and maintain the flashing lights. Mayor Hutto stated that the first thing that Council needed to determine was if a school zone is needed for this location. If Council determines that a school zone should be established, then signs, as well as flashing devices should be installed. Council considered if signs were erected what should be the time to establish the school zone. Councilman Johnson stated that in his work, he has an opportunity to drive through four school districts and each have different times established. Councilman Fuller pointed out that school hours are not always consistent. There are days that school is not in session for one reason or another. Mr. Lanham pointed out that the signs specify "on school days." Also, in Baytown the attempt has been made to be uniform. All school zone signs are from 7:15 a.m. to 9:15 a.m. and 2:00 p.m. to 4:00 p.m. Mayor Hutto stated that he didn't know if that was necessary since Baytown is surrounded by other districts that have varying times for school zones. In Pasadena, on Richey with four lanes of traffic, there was such a problem that a flashing light was installed and a crossing guard provided. Mayor Hutto emphasized that the city would be expending a large amount for this installation. Mr. Lanham informed Council that the temporary signs could remain for another 45 days under provisions of State statute. Councilman Philips inquired if Council would want to ask the school board to consider paying for this or sharing in the costs. Mr. Lanham pointed out that there may be other places where the need is greater. 21209 -11 Minutes of the Regular Meeting - December 9, 1982 Mayor Hutto pointed out that buses are available for the children and if those children would be going to the old Baytown Junior School site, the riding time would be even greater. Mr. Lanham inquired if Council would like to take no action and have the Administration bring the matter back to Council. Mayor Hutto encouraged Council to act on the matter. Councilman Johnson moved to establish a school zone for Baytown Junior School with flashing lights from 7:00 a.m. to 8:00 a.m, and 3:00 p.m. to 4:00 p.m.; Councilman Cannon seconded the motion. Councilman Philips stated that he still felt that the school board should be contacted with regard to sharing in this cost. Mayor Hutto stated that Council would be expending $10,000 at this location and there may be other locations where the need is just as great. Council would then have to consider those requests. Council discussed establishing school zone signs with the different times indicated. Mr. Lanham pointed out at that particular location, there are two schools -- Baytown Junior School and Travis Elementary. He was not aware of whether the times indicated would be in conflict. Councilman Philips pointed out that the children could cross at any point on Bayway and there would be no way to control all access. Councilman Johnson withdrew the motion. Mayor Hutto suggested that the Administration contact the school and provide the information gathered concerning students crossing Bayway and inquire if the school would be interested in sharing the expense; Council concurred. Councilman Cannon stated that as long as Council was discussing signs he would ask the Administration to look at one problem area, coming in from Houston on Decker Drive, the other side of the Exxon Station at Bayway, there is nothing to keep those exiting that station from traveling the wrong way down Decker Drive. Mr. Lanham stated that the Administration would be in contact with the State in this regard. Councilwoman Wilbanks pointed out that the emphasis of the letter from the school board seemed to be toward vehicular traffic and perhaps the school district could help by giving figures in that regard. Mayor Hutto stated that he had been under the impression that buses would be using Caldwell Street. Mr. Lanham responded that the street has not been opened for public use yet. Council took no formal action. 21209 -12 Minutes of the Regular Meeting - December 9, 1982 Consider Proposed Ordinance, Awarding Bid for Purchase of Two -Door Sedans The Administration recommended rejection of the bids. Nine bids were received, but only one met specifications and that bid amount was $55,197.48. For bid tabulation, see Attachment "C." Therefore, the Administration requested that Council consider authorization of an Interlocal Agreement with Houston - Galveston Area Council for the purchase of six police package cars. The cars are available in seven colors and are to be used by the Detective Division. The purchase price per car would be $8,058 versus $9,200 bid by Baytown Motors. The total cost would be $49,799.37. Council scheduled a special meeting for Tuesday, December 14 at 5:30 p.m. to act on an Interlocal Agreement between the City of Baytown and Houston - Galveston Area Council for the purchase of six police package cars. Consider Authorization to Proceed with Preparation of Detailed Engineering Drawings and Specifications for East Sewer District - Collection and Transmission Facility Improvements The Administration has received approval of the Step 1 plan for the East Sewer District from the Texas Department of Water Resources and the Environmental Protection Agency. Step 2 is the preparation of plans and specifications. This project includes several thousand feet of sliplining in the East Sewer District. A map was posted in the Council Chamber which depicted the lines to be sliplined. There is a total of about 50,000 linear feet of line which would require sliplining. There would be modifications to the lift stations at Woodlawn, Roseland and East James, along with construction of a 16 -inch force main from Woodlawn lift station in the direction of the East District plant and a 15 -inch relief sewer to the Woodlawn station. The staff has been assured by Texas Department of Water Resources and Environmental Protection Agency that the city is eligible for seventy -five (750) percent funding and the city will be reimbursed for the Step 2 expenses when Step 3 has been approved. The estimated cost of engineering is $116,500 which seventy -five (75 %) percent would be paid by EPA. Estimated cost of construction is about $1,500,000 which seventy -five (75%) percent would be paid by EPA. There are bond funds available to pay for the city's share of the engineering phase, but bonds have not been sold to proceed with construction. Therefore, when that step is reached, a decision will need to be made concerning the sale of bonds. The Administration recommended that Langford Engineering be authorized to proceed with plans and specifications. Councilman Johnson moved that Langford Engineering be authorized to proceed with plans and specifications for East Sewer District Collection and Transmission Facility Improvements. Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None 21209 -13 Minutes of the Regular Meeting - December 9, 1982 In response to an inquiry from Council, Mr. Lanham explained that the new policy of EPA is no reimbursement for Step 1 or 2 (in this case Step 2 since the city has already been reimbursed for Step 1) expenditures until Step 3 is approved. That assures EPA that cities are not just preparing plans without any intent of construction. Consent Agenda Council considered the Consent Agenda as follows: a. Proposed Ordinance No. 21209 -5, will award the bid for the purchase of a 15- Minute Pressure Demand Air Pack. These air packs will be used by the Parks and Recreation Dept. in the changing of their chlorine bottles. We received three (3) bids. Vallen Corporation submitted the low bid of $2,805. Council has budgeted $4,000 for this purchase. We recommend the low bidder, Vallen Corp., be awarded this contract. b. Proposed Ordinance No. 21209 -6, will award the bid for the annual mud flaps contract. Ted's Supply, Inc. submitted the only bid we received in the sum of $2,685. This bid is a decrease over last years price. We recommend the low bidder Ted's Supply, Inc. be awarded this contract. C. Proposed Ordinance No. 21209 -7, will award the bid for the Roseland Pool Electrical Specifications. We received three (3) bids. Whitley Electric submitted the low bid of $3,700. Council had budgeted $4,000 for the preparation of these specifications. We recommend the low bid of Whitley Electric be awarded this contract. d. Proposed Ordinance No. 21209 -8, will award the bid for the annual Frozen Food Contract. O'Brien's Food submitted the only bid in the amount of $9,875.40. This represents a 16% increase over last years price. O'Brien's was the vendor who had last years contract. We recommend the low bid of O'Brien's Food be awarded this contract. Councilman Philips moved for adoption of the Consent Agenda, Items a through d; Councilman Johnson seconded the motion. The vote follows: 21209 -14 Minutes of the Regular Meeting - December 9, 1982 Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3529 AN ORDINANCE ACCEPTING THE BID OF VALLEN CORPORATION FOR 15 MINUTE PRESSURE DEMAND AIR PACKS AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND EIGHT HUNDRED FIVE & N01100 ($2,805.00) DOLLARS. (Proposed Ordinance No. 21209 -5) ORDINANCE NO. 3530 AN ORDINANCE ACCEPTING THE BID OF TED'S SUPPLY FOR THE ANNUAL MUD FLAP CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND SIX HUNDRED EIGHTY FIVE & N01100 ($2,685.00) DOLLARS. (Proposed Ordinance No. 21209 -6) ORDINANCE NO. 3531 AN ORDINANCE ACCEPTING THE BID OF WHITLEY ELECTRIC FOR THE REPAIR AND REPLACEMENT OF ELECTRICAL EQUIPMENT AT ROSELAND POOL AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND SEVEN HUNDRED & N01100 ($3,700.00) DOLLARS. (Proposed Ordinance No. 21209 -7) ORDINANCE NO. 3532 AN ORDINANCE ACCEPTING THE BID OF O'BRIENS FOODS FOR ANNUAL FROZEN FOOD CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF NINE THOUSAND EIGHT HUNDRED SEVENTY FIVE & 40/100 ($9,875.40) DOLLARS. (Proposed Ordinance No. 21209 -8) For tabulations, see Attachments "D" through "G." Consider Appointments to Sesquicentennial Commission These appointments will be made at a later meeting. Appointment to Transportation and Planning Committee Mayor Hutto announced that Councilman Philips had been reappointed to serve on the Transporation and Planning Committee for H -GAC. Adj ourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk Attachment "A" M E M O R A N D U M December 3, 1982 TO: City Council FROM: Daniel R. Jackson RE: Appeal of Refusal of Wrecker Permit to Tracy Gordon, dba Gordon's Wrecker Service On November 9, 1982, the Wrecker Committee met to consider Mr. Gordon's application for a wrecker permit with the City of Baytown. Under the present ordinance concerning the grant of a wrecker permit, there must be a determination made of whether public convenience and necessity requires the issuance of additional permits. A reading of the minutes of that meeting illustrates that the committee used this standard in determining Mr. Gordon's request. The burden of proof lies with the applicant to establish by clear, cogent and convincing evidence that public convenience and necessity exists. In determining whether the applicant has met his burden, the committee is empowered to take into consideration the following: (1) Information on permit application; (2) Number of wrecker companies already permitted; (3) Whether public convenience and necessity can be met and complied with only by issuance of additional permits; and (4) The resulting effect upon the business of holders of existing permits. Therefore, it is the task of the council as an appellate forum to consider the minutes of that meeting, the evidence presented by Mr. Gordon and any other relevant materials which would bear on the issue of public necessity and convenience. DRJ Attachment "B" AUTO WRECKER COMMITTEE REVIEW NOTES Points Considered in Tracey Gorden Permit Denial: • Five companies on rotation list. a Nineteen wreckers available for service. • Existing permit holders are handling city requirements satisfactorily. • Would reduce business of present permit holders. 9 Would encourage a flood of new permit requests. Present Wrecker Committee Permit Holders Shirley - Five wreckers. Dickey - One wrecker. Pease - Three wreckers (12 more available). Taylor - Four wreckers (six on order for 1983). Graham - Six wreckers. Total of 19. Permit Consideration Summary Section Abridged Summary 6- 12 -10 -C1 Burden of proof on applicant to establish need. 6- 12- 10 -C3b Number of existing'permit holders and wreckers. 6- 12- 10 -C3c Are public convenience and necessity being met? 6- 12- 10 -C3d Effect upon business of existing permit holders. 6- 12 -10 -C4 Determine if public necessity requires additional permit based on evidence submitted at hearing. For the Auto Wrecker Committee R. H. Walton, Chairman Gary Walker, Vice- Chairman Bill Blake, Member . E. C. Kimmons, Member James Owens, Member i f GROSS TOTAL LESS DISC. NET TOTAL i r . I CITY 01 3A YTO W N �TL WDO R WO DOOR SEDANS 131D TAaULATION 31D: #8211 ,• )ATE- • NOVEMBER 18, 1982 2:00 P.M. PAGE TWO FEMI QTY V 0 ROBE RT 0 CHEV BA S OR MOTORS BAYSHORE DODGE. BAYTOWN DATSUN .UNIT EXTENDED UNIT 1 EXTENDED UNIT X ND-D UNIT EXTEU _J T'-X. U:,*t T c;Y.. R r i P �' 11 ' .I r i t p r^ ^a��r 6 TWO DOOR SEDANS,.per specifications 8,649,39 51,896.34 8,425.27 50,551.62 7,813-83 46,882.98 7,641.65 45,849.90 Does not eet rear Does notimeet minimum Does no meet minimufl Does notlmeet minimum bumper guprds.specs. wheelbasl specs. wheetba a specs. wheelbase specs. i f GROSS TOTAL LESS DISC. NET TOTAL i r i . I i ITL�: TWO DOOR SEDANS 31D- #8211-12 . )ATE: NOVEMBER 18, 1982 2:00 P. M. CITY OF SAYTOW N 131D TABULATION Attachment "C" �E1�/1 QTY DESCRIPTION.. MIKE HALL DODGE RIVER OAKS CHRYSLER JOE CAMP FORD JAY MARKS CHEVROLET BAYTOWN MOTORS .UNIT EXTENDED UNIT EXTENDED UNIT EX N09 D UNIT EXTEuC.i:0 U:.: T r- `x v-.., . -PRICE, P t '� I" -I F p I'; ^alrc I 6 TWO DOOR SEDANS, per specifications 8,658. 51,948.00 7,356.50 44,139.00 NO BID 8,656.5 51,939.18 9,199.58;55,197.4 Does not meet engine Does not neet minimum Does not;meet side j specific tions. wheelbase spec. moulding specs. + I j GROSS TOTAL LESs DISC NET OTAL WE W C E U I O 0 I N i N 001 rT i i Lrt W ca E W O 2 �V ix 47' � L n •al it's t fZ W �L �t �o Q_ w p U O Ln M co IL eq N, o tmmr W [a..,� V fL I O 0 I N i N 001 rT i i Lrt W ca E W O 2 �V ix 47' � L n •al it's t fZ W �L �t w J Q • .J p�QS w p U O Ln M co eq fL laJ N � Q N c N �j IX X l— W J LU 0 0 rV v J Q �a L� C A w J Q • .J p�QS p O M w J Q • .J p�QS !TL 15 MINUTE PRESSURE DEMAND AIR PACK 31D: #8211 -11 )A NOVEMBER 17, 1982 2:00 P.M. CITY OF 13AYTOW tv BID TABULATION Attachment "D" GROSS TOIAL LES•° DISC NET OTAL w VALLEN CORPORATION MINE SAFETY APPLI. THE TACKABERRY CO. FEM QTY DESCRIPTION .UNIT EXTENDED UNIT EXTENDED UNIT ENDED UNIT EXTET1 0 EJ U!'.. T 1. 4 ea. 15 MINUTE PRESSURE DEMAND AIR PACK 701.25 2f805.00 708.00 2,832.00 j per specifications. j ! MODEL: SCOTT N9 001500 MSA 502 IR CUB j 1 DELIVERY: STOCK - 43 DAYS ARO STOCK ! TOTAL: 1 2,805.00 21832.00 ' ALTERNATES: 709.65 2,838.60 i MODEL: SURVIVAIR 9848 -20 DELIVERY: 2 -3 DAYI ARO TOTAL: 2,838.60 l , 768.80 3,075.20 I MODEL; ISI RAN ER DELIVERY: 2 -3 DAYS ARO i 1 TOTAL: 3,075.20 GROSS TOIAL LES•° DISC NET OTAL w j I TL is FROZEN FOOD 3ID: __ 48212 -14 ,)ATE. " 12 -1 -82 2:00 P.M• TEM QTY DESCRIPTION 1 280 cases Frozen. Breakfast Delivery i = 2 475 cases (I Frozen Dinners 1 Delivery TOTAL: GROSS TOTAL LESS DISC NET TOTA L CITY Or 13AYTOW N 81D TABULATION O'BRIANS -UNIT FXTEMo£1 R c p r 13.08 3,662.40 5 DAYS RO I 13.08 6,213.00 5 DAYS WO 9,875.40 i fi 1 Attachment "G" • •.� .YT .,t:: Li:, r T I X . L:.:,. A rE ! Ii I a I fi 1 Attachment "G" • •.� .YT .,t:: Li:, r T I X . L:.:,. A rE ! Ii I a I LAS ` w ,; 4-) y L � ta rk w � 4 a a • p o o O 4 L) 2� NO U W k . J W � 3 O + ? C W c " O °o ~ x LA `l w J N . O cc W 1U-i, j�4 N1 co W Z N Q c. CL 4 1— �• Q v C O cr- U ~ V J %: M W J F- O 3; zi M , W N � ' � O V N �+• w J .J N •+• W . V J N O Z W LLJ o a W cc Q G.7 C J J W p N C. N D Z J W N O �1. s ul 1 N N co W m W u W � I W 1 � W 0 J yJ O Cn Q� V .1-i z