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1983 01 27 CC Minutes30127 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 27, 1983 The City Council of the City of Baytown, Texas, met in regular session on Thursday, January 27, 1983, at 6:30 p.m. in the Council Chambers 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 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 conducted: Minutes Councilman Philips moved for the approval of the minutes for the regular meeting held January 13, 1983; Councilwoman Wilbanks 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 Cable Television (Group W) - The Administration had received a brief report from the manager of Group W, the cable television company that serves Baytown. He reported that as of January 18, all existing customers have been changed to the new plant and the company is in process of taking the old system out a little at a time. It appears that the change over will be completed before the March deadline. Councilman Philips commented that the company needs to be contacted regarding the unslightly condition of the company's lot off Main Street. There is also an unused spool of cable which has been near the intersection of James and Danubina Streets for several months. He felt that perhaps the company had simply lost that spool. 30127 -2 Minutes of the Regular Meeting - January 27, 1983 Houston Lighting and Power Company - Council had received a copy of the fuel cost increase that will become effective in February which is an increase from January of $3.24. Council was also furnished with a copy of a notice filed by the light company regarding their quarterly filing with the Public Utility Commission. The company is requesting approval of the commission for cost of fuel from affiliated interests. The City Attorney explained that there had been a recent question or dispute over whether HL&P should be allowed to pass through under its rate as to fuel purchased from an affiliated interest, Utility Fuels, Inc. which both companies HL&P and Utility Fuels, Inc. are owned by Houston Industries. Therefore, a hearing has been scheduled for March 1, 1983, before the PUC. At that time, the PUC will be looking at all the cost factors incurred by Utility Fuels and rate of return that should be allowed to Utility Fuels for sale of coal, etc. to HL&P. In a sense this will be like a mini rate hearing, only the PUC will be looking at Utility Fuels rather than HL&P. There is some disagreement between the General Counsel of HL&P and some of the cities as to how this should be handled. The City of Houston and the City of Lake Jackson have been working on this. Both have intervened on March 1 and both cities are planning to have separate hearings to adopt an ordinance as to what rate of return should be allowed Utility Fuels. At some point, Baytown may want to adopt its own ordinance designating what rate of return should be allowed Utility Fuels. There is also a rule pending before the PUC which would set up quarterly hearings on the overall fuel cost adjustments. That will be a different hearing. The hearing on March 1 only applies to fuel purchased from this affiliated company. Texas Municipal League - Council had been furnished information regarding a legislative seminar to be held in Austin on February 14. Mr. Lanham stated that any Council member who wished to attend could notify his office and arrangements would be made accordingly. Drainage - Glen Meadow Subdivision Outfall System is about seventy (70 %) percent complete. City crews have completed a number of projects. Work has been completed on Milner and Dallas. The Hardin Road and Oakwood projects are about fifty (50 %) percent complete. Work has begun on a project on Carriage Lane and on Mapleton. Minor drainage work has been completed on Airhart, Ash and Riggs. 1982 Street Improvement Program - The contractor on this project, Skrla, Inc., has completed all but cleanup. The project is ninety -nine (99 %) percent complete. Craigmont /Ponderosa Water Line Project - The contractor on this project is in the process of installing meters to tie into the new lines. The lines did pass pressure tests, as well as the bacteriological tests. Sliplining - The contractor that is working on East James expects to complete installation on January 28. In the Roseland Oaks area, the contractor continues to work on the six -inch lines. Approximately 5440 linear feet in that area has been sliplined; one 350 foot linear section remains to be completed. 30127 -3 Minutes of the Regular Meeting - January 27, 1983 Sanitary Sewer on Garth Road - The contractor on this project has completed about ninety -five (95 %) percent of that project. Questions and Comments of Council Councilman Fuller commented that the Administration would need to check to make certain that the sliplining contractors are cleaning up after completion of the work. Yards have been left unlevelled. Councilman Johnson recognized Sergeant Jones of the Baytown Police Department for being recipient of the 100 Club Award and asked that his personnel file be updated to include this information. In response to an inquiry from Councilman Philips, Mr. Lanham stated that the City of Baytown does have an emergency procedures plan in the event of crisis with the water system. In response to the questions from Councilman Cannon regarding the reason that East James Street has been in a state of disrepair for such a long period, Mr. Lanham explained that after a contract had been let for sliplining along James, areas were discovered that had completely deteriorated. Therefore, it became necessary to break the street to replace the parts of the line which could not be sliplined. All of that line has been replaced. Now, the concrete can be replaced. Care for premature infants - Councilman Cannon stated that he had checked further into the events which took place prior to the death of the Lemley baby. He had been informed that there were five (5) beds at Jefferson Davis Hospital when the Lemley baby arrived. These beds were held for infants yet to be born. He felt that this was unfair treatment at a charitable institution. He felt that at such an institu- tion, the practice should be first come, first served. Based on what he had learned, he felt that this type occurrence happens on a regular basis. Councilman Cannon stated that he felt that the city needed to work with local hospitals to try to turn this situation around. He suggested that perhaps the local hospitals could work through H -GAC to obtain funding to establish a neonatal unit for the Baytown area. He suggested that charity hospital care should be provided for the Baytown area, but did not really know the mechanism to accomplish this. Councilman Fuller suggested two -way communication with the county to determine if satellite charity care could be provided in the Baytown area. Councilman Simmons suggested that Commission Fonteno's office should be contacted. He stated that he was in atten- dance at a hospital district board meeting where the hospital district administrator outlined that there had been an epidemic of new births with limited neonatal space. Therefore, a bond issue would be proposed in the fall to address that. 30127 -4 Minutes of the Regular Meeting - January 27, 1983 That would be the City of Baytown's opportunity and chance to support the bond issue with a provision specifically that certain funds be allocated toward care in the Baytown area. Councilman Simmons pointed out that even though this is a charitable facility, the mothers who were in the hospital to deliver their children had preregistered to be there and were therefore, entitled to the bed space. Councilman Cannon responded that this was an emergency case and the bed space that was available should have been provided. Receive City of Baytown Audit Report for the Period Ending September 30, 1982 Dave Start, representative of Gerace, Hullum, Start and Company, Certified Public Accountants, stated that the first thing he wanted to address was the question raised by Councilman Simmons when the financial statements were presented last, dealing with vested benefits that result from accruing sick leave, vacation and holiday pay. That information could be found in Footnote 2, Page 9. Last year, Council had been told that Financial Accounting Standards Board (FASB) had issued a statement indicating that those type liabilities should be recorded and charged to earnings by commercial enterprises, but that they had backed off from municipal entities and were waiting on the National Council on Governmental Accounting to issue its position. That position has now been issued. The National Council has determined that for fiscal years beginning after December 31, 1982, which will be the City of Baytown's 1983 -84 fiscal year, those liabilities should be recognized and recorded in the balance sheet. In the instance of governmental type funds, one would record as a liability through a charge to fund balance, the current portion of that vested benefit that would be expected to be liquidated in an ensuing year. The balance of that liability would be recorded in the general long -term debt fund just as the general obligation bonds are. The portion of that vested benefit that applies to the enterprise funds should be recognized in the balance sheet in those funds and charged to fund equity, just as a commercial enterprise would do. The National Council has suggested that early implementation is desirable, but is not requiring that implementation for cities until the year ending September 30, 1984. The liability that is disclosed in the footnotes is a good estimate with the existing payroll system. It should be a relatively easy programming function to produce a fairly exacting measurement of what that vested benefit actually is. Councilman Simmons stated that in looking at the footnotes under vested employee benefits, the total of the accrued vested sick, vacation and holiday pay as of September 30, total $1,874,000. Looking at last year's figures, that represents an increase of $202,000 in those vested benefits. He stated that he had no arguments with vacation or holiday pay, but he had real reservations about the accrual of unused sick time. Of that $1,874,000, 75% of that total is accrued sick pay. In this particular year from last year, 68.3% of that $202,000 was in accrued sick pay. Councilman Simmons inquired from where was a person paid who terminated employment? ki 30127 -5 Minutes of the Regular Meeting - January 27, 1983 Mr. Lanham responded that an amount of money is included in the budget each year for that purpose. If more retirement or resignations are experienced than anticipated, that budget account overruns. Presently, there is very little employee turnover. Councilman Simmons stated that he did not want all employees in the room who work for the city to become unduly alarmed because of what he said, but the City's policy is to grant 15 days sick leave which is to cover minor illness like colds, flu, etc. However, two things should be addressed such as in the event of extended illness or injury, unless incurred on the job where workmen's compensation would take over, that after the 15 days of sick leave is used, then the employee gets hospitalization and everything, but would be off pay. Mr. Lanham responded that once an employee uses all his sick leave, he is off pay. Councilman Simmons said that he really felt that the program should be likened unto car insurance, where one pays a premium with a deductible and is not really concerned with the small amounts, but if the whole car is demolished you want to be protected. He continued that he really didn't have the answer, but when he looked at sick days, if one is legitimately sick, one is entitled to that pay, but if that is not used, the employee should not be paid for it. He mentioned that the County does not accrue sick days. An employee is allowed so much sick time for service. He also mentioned that the point had been made that if the city were to allow 15 sick days which would not accrue, the employee would use the sick days which would be a loss of time. Councilman Simmons stated that this would really be a small percentage of the dedicated city workers. The way the county handles its program is that if one is entitled to 30 days, a review committee will review your record and if your record indicates no abuse, then if that 30 days is used up, at the discretion of Commissioner's Court, another 30 days can be allocated. Secondly, he stated his concern with this increase. Assuming that the 500 employees of the city remain static, which it probably will not, accrue this increase of $138,000 through 10 years, that would represent $1,300,000 added to the present $1,409,000, for a total of $3,000,000 in unfunded liability. That amount would be decreased by those people who are being terminated and retired, but he did not feel that Council could look at those figures grow each year, knowing that there will never be a time of reckoning. Since the bond rating companies like Moody and Standard and Poors take a very jaundice eye at unfunded liabilities which ultimately will effect the bond rating. He pointed out if the trend continues, possibly in ten (10) years there could be $5,000,000 there. If the percentages would hold, three - fourths of it would be accrued sick leave. Therefore, Councilman Simmons suggested that the Administration perform a comparative study over a ten -year period projecting yearly increases utilizing the present system of paying 90 days on.termination and 120 on retirement. Mr. Lanham interjected that the employee could accrue sick leave for use with no limit. 30127 -6 Minutes of the Regular Meeting - January 27, 1983 Councilman Simmons responded that what he was saying is to show the increases that the Administration would project as projected under the present system. Secondly, project on a ten -year basis, if in the event, Council should say that the plan should be moderated to like 45 days for termination and 60 days maximum for retirement. Councilman Simmons stated that he felt that there needed to be a cap on this program, but he did not feel that it could really be discussed intelligently until there were statistics or basis to determine how this ultimately will be held in line. Mr. Lanham inquired if while making the study, the Administration should take into account with respect to fire and police, there is no choice. Councilman Simmons responded that since this was a part of State law, civil service employees would have to be excluded. He added that probably the study should be based on 500 employees like there would be no increase for ten years. Councilman Simmons continued that he really did not know how reliable the information would be, but he felt that when the figures were produced it would be pretty amazing. He felt that ultimately acquiring the figures would lead the City to a plan similar to the county's to protect the City employees because there is a small percentage that would ever have catastrophic illnesses. This could result in a tremendous savings to the city and would help city employees in the event they were sick for 60 -days, they would be paid for it. Councilman Philips stated that in order to get some prospective on this, probably it would be good to go back in time for some period to see what the actual hard dollar pay outs have been so that Council can look to the past to see what that looks like to get a better fix on what the projection actually is. Councilman Simmons inquired on Page 10 regarding the retirement plan if when speaking of the city, that included the city's part alone or combined city and employee contributions. Mr. Start responded that that figure was an amount received from TMRS as the city's portion only. Councilman Simmons stated that the reason he was asking for the clarification was that there had been an $84,000 increase this year over last in that contribution. Another question that Councilman Simmons put forth was what does the Net Assets for Benefits mean? Mr. Start responded that that represented assets of Baytown's pension plan and the $7,679,000 of vested benefits, there is in the fund $4,948,000 of that amount. There is a $2,500,000 unfunded vested benefit at this point that is being amortized over a twenty -five year period. Councilman Simmons pointed out that if in the event this $7,000,000 were due tomorrow, the City would only have the $4,900,000 to cover that? Mr. Start stated that basically what that means is if the plan failed today or as of December 31, 1981, the participants in the plan would receive about 2/3 of what current level of benefits would be. Councilman Philips inquired if the City has an agreement with Texas Municipal Retirement System that should something happen to one group of cities or a city that their reserve would come into plan. Mr. Start stated that from what he had reviewed, TMRS is basically a collection of individual funds and City of Baytown assets would not be used to fund City of Houston liabilities. Council had no further questions of Mr. Start. rid 30127 -7 Minutes of the Regular Meeting - January 27, 1983 Consider Proposed Ordinance, Calling Municipal Election for April 2, 1983 The proposed ordinance will schedule the Municipal Election for April 2, 1983, to elect Council representatives from District Nos. 2, 3 and 6 and the position of Mayor. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3551 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF APRIL, 1983, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. TWO (2), THREE (3), AND SIX (6): AND THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; PROVIDING FOR THE ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR A SPECIAL CANVASSING BOARD FOR ABSENTEE BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Council scheduled a tentative date in the event of a run -off election for April 23, with the results of the April 2 election to be canvassed on April 5. Consider Proposed Ordinance, Appropriating Funds for Brush Burner Pit Reinforcement The Administration requested permission several months ago to advertise for bids for the purchase of steel sheeting to be used in connection with the city's brush burning operation. The sheeting has been purchased and installed. Dirt work around the area has been completed. Therefore, it is necessary to transfer from Unappropriated Revenue Sharing Funds, which is derived from the interest earned on investing revenue sharing funds, $34,777.86. During the first ten months of operation of the brush burner, the City would have paid $77,000 in fees and if this figure were to be annualized, it reflects a savings of $91,000 annually in fees. The city has more than paid for the cost of this equipment. Councilman Philips commended the Administration and those staff members from Public Works for a job well done. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Cannon and Fuller Mayor Hutto Nays: None 31027 -8 Minutes of the Regular Meeting - January 27, 1983 ORDINANCE NO. 3552 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE $34,777.86, FROM UNAPPROPRIATED SURPLUS TO ENVIRONMENTAL PROTECTION -BRUSH WITHIN REVENUE SHARING FUNDS, ENTITLEMENT 13; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Mr. Lanham explained that there are funds remaining in unappropriated revenue sharing surplus. The Administration would like to advertise for bids on several items some of which would save money, others are items that are needed. One of the items would be to take bids to replace the speaker system in the Council Chamber which the estimated cost to do this is $6,000. There are two other things that the Administration would like to do. One involves the fact that City Hall was burglarized recently; therefore, the Administration would like to advertise for bids to build security doors at the two hallways, and for energy savings an additional set of doors at the entrances to the building. The total estimate to accomplish these projects is $16,000. Council had no objections. Consider Proposed Ordinance, Authorizing an Inter - Governmental Agreement with H -GAC for Small Area Transit Study A copy of the proposed contract had been furnished to Council. The proposal is to conduct a small area transit study through an inter - governmental agreement with H -GAC. This study will be unlike the study made in 1977 in the this study will include data on non - residents who work or shop in Baytown. Mike Weaver, Planner with H -GAC, explained that the study is two -fold (1) to look at an internal type shuttle system for the City of Baytown and (2) some type linkage to the MTA along the I -10 corridor. If the study indicates that something would be feasible for Baytown, H -GAC would probably be before Council next year with another contract to fund a service plan for what it would take to implement some type service for the residents of Baytown and East Harris County. The study will involve Baytown, Crosby, Channelview, North Shore - -the whole East Harris County area. Numerous options will be considered. One could be to take the plan to the voters of the City of Baytown to opt into the MTA or the City could consider contracting with MTA for a service or a City of Baytown service could be considered. There is a bill pending before the State Senate which would allow citizens with over 50,000 population to call a tax referendum election within those municipalities to have a transit authority within those cities. From the manner in which the bill is written, Council would be in charge of the transit authority. Councilman Philips commented that Clear Lake has found this to be a very attractive service. MTA is providing a small mini bus that transports people to their mall. Council- man Philips continued that he felt there to be a growing need for this kind of activity as evidenced by the success of the senior citizens taxicab service. The Administration recommended approval of the ordinance. 30127 -9 Minutes of the Regular Meeting - January 27, 1983 Councilman Philips moved for adoption of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: Councilman Johnson ORDINANCE NO. 3553 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERGOVERNMENTAL AGREEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL FOR A SMALL AREA TRANSIT STUDY AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 828, Endorsing 9 -1 -1 Concept for Harris County The proposed resolution would put the Baytown City Council on record as endorsing the 9 -1 -1 Concept. This proposal is intended to speed up the handling of emergency calls and reduce citizen confusion. The cost for this service is to be 3% of basic service on the telephone bill. Councilman Philips stated that that was the only part of the proposal that caused him difficulty. Council has been working with the telephone company to get the rates decreased. He felt that the concept was good, but felt that the county should fund it. Everyone that owns a telephone will have to pay for this service, while anyone traveling through the county could utilize the service. The funding of the program should come from sales tax or some funding that is more wide spread than having the telephone user pay for the service. Mr. Lanham pointed out that the legislation would enable the county to issue bonds. Mayor Hutto pointed out that the service will be county- wide; therefore, those citizens of Baytown traveling in Harris County could utilize the service anywhere within the county. Councilman Fuller moved to adopt the resolution; Council- man Simmons seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: Councilman Philips RESOLUTION NO. 828 A RESOLUTION OF THE CITY OF BAYTOWN SUPPORTING THE PROPOSED LEGISLATION CREATING A 9 -1 -1 EMERGENCY NUMBER SYSTEM AND URGING LOCAL LEGISLATORS TO VOTE FOR SUCH LEGISLATION. 30127 -10 Minutes of the Regular Meeting - January 27, 1983 Consider Proposed Resolution No. 829, Supporting Texas Municipal League Task Force Reform Act Concerning Amendments to Article 1269M The Committee of the Texas Municipal League has been working for several months on possible amendments to 1269M which is the State law relating to Fire and Police Civil Service. The Committee's recommended changes or something similar to what they have proposed will be introduced before the Legislature. A summary of the proposals had been provided to Council as follows: 1. To clarify the definitions of "firemen" to insure that civilian employees not hired in compliance with article 1269m and who perform non - firefighting duties within the department shall continue to remain outside the provisions of article 1269m. 2. To eliminate the three -year residency requirement for appointment of civil service director. 3. If authorized by the City Council or the legislative body, to allow the police and fire chief to appoint qualified officers to the top two positions immediately below the chief. This amendment would not affect those individuals currently holding such positions in a department. 4. Allow City Council to voluntarily establish assignment pay for employees who are required to perform highly specialized fire and police functions. 5. To more clearly define the conditions under which a firefighter or police officer may be considered to be either temporarily or permanently disabled and to further establish a time period in which the position may be declared vacant and again filled. 6. To remove the Texas residency requirement for fire chief candidates and to require that any appointee to that position be eligible to obtain intermediate certification within two years from the date of appointment. 7. To allow the Civil Service Commission, on a local option basis, to establish an alternate promotional testing procedure which allows that a part of the overall score be determined by a three person oral evaluation board selected by the Commission (police only). 8. To allow the fire and police chiefs to take dis- ciplinary action against an officer who is charged with a criminal felony, class (A) or (B) misdemeanor, or acts involving moral turpitude even though the alleged act was not discovered for more than six months from the date of occurrence. The present law prohibits such action after six months. 30127 -11 Minutes of the Regular Meeting - January 27, 1983 9. To allow the chiefs of the fire and police departments the authority to assign "uncompensated duty" on normal days off to temporarily suspended employees who request such assignment in lieu of suspension time. 10. To provide repeal of the provisions of article 1269m in a city by the same method which allows enactment. Mr. Lanham stated that these were only proposed changes and there could very well be other changes made before the legislative committees. The Administration felt that the proposed changes would give management in the police and fire departments some of the tools needed to perform their jobs as chief administrators of those departments and in addition, clarifies some provisions that have needed clarification. The Administration recommended approval of the resolution. Councilman Philips moved for adoption of the resolution; Councilman Simmons seconded the motion. In response to questions of Council, Mr. Lanham stated that the proposed change with regard to Civil Service Director would not affect Baytown since the Personnel Director is also the Director of Civil Service. The difference is that the present article requires that the director be a resident of the city for three years and there is no reason for that. Councilman Cannon pointed out that the amendment which would allow the police or fire chief to appoint the two positions immediately below the chief should be one level. Councilman Cannon also took exception to the amendment which provided that a firefighter or police officer may be considered to be either temporarily or permanently disabled and to further establish a time period in which the position may be declared vacant and again filled. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, and Fuller Mayor Hutto Nays: Councilman Cannon No one in the audience had indicated a desire to speak, but after Council had acted on the resolution, Mayor Hutto discovered that Sergeant Shaffer desired to address Council. Sergeant Shaffer, representing the Police Association, stated that the police officers could see no advantage whatsoever to proposed amendment five and felt that there would be no benefit to any police officer within the State of Texas. Councilman Cannon pointed out that if the resolution remained as presently written, the State representatives would feel that the Baytown City Council was in complete concurrence with the proposed amendments. Again, he stipulated his disagreement with the proposed change which would allow fire and police chiefs to appoint the top two positions immediately below chief. He felt that the chief should appoint only one level below chief. 30127 -12 Minutes of the Regular Meeting - January 27, 1983 Council requested guidance from the City Attorney as to what action could be taken. The City Attorney advised that Council could vote to withdraw earlier action or to reject the proposed resolution and make an entirely different motion, or Council could vote to attach a letter to be forwarded with the resolution. Councilman Fuller moved that the resolution be accom- panied with a letter identifying the two specific points as discussed by Council -- that chiefs of the fire and police departments be allowed to appoint one level below chief and all reference to the disability provisions be deleted. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None RESOLUTION NO. 829 A RESOLUTION OF THE CITY OF BAYTOWN SUPPORTING THE TEXAS MUNICIPAL LEAGUE'S PROPOSED AMENDMENT TO THE CIVIL SERVICE LAWS; URGING THE TEXAS LEGISLATURE AND CITIZENS OF TEXAS TO SUPPORT SUCH AMENDMENTS AND PROVIDING FOR THE EFFECTIVE DATE. Consider Proposed Ordinance, Approving Change Order No. 15 to Contract for West District Wastewater Treatment Plant and Lakewood Lift Station Change Order No. 15 to the contract for West District Wastewater Treatment Plant and Lakewood Lift Station is a reduction due to an underrun for the amount of $6,736.25, but it is necessary for Council to act on the Change Order to comply with Environmental Protection Agency requirements. The Administration recommended approval of the ordinance. Councilman Simmons moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3554 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING CHANGE ORDER NO. 15 TO THE CONTRACT WITH NUNN & SHUMWAY CONSTRUCTION COMPANY FOR THE WEST DISTRICT WASTE- WATER TREATMENT PLANT & LAKEWOOD LIFT STATION. 30127 -13 Minutes of the Regular Meeting - January 27, 1983 Consider Proposed Ordinance, Authorizing Acceptance of West District Wastewater Treatment Plant and Lakewood Station Contract and Approval of Final Payment The proposed ordinance will authorize final payment and acceptance of the work. Final payment represents less than $1,000 difference from the initial contract price which is very unusual for a contract of this size. The Administration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3555 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO NUNN & SHUMWAY CONSTRUCTION COMPANY FOR WEST DISTRICT WASTEWATER TREATMENT PLANT & LAKEWOOD LIFT STATION - JOB NO. 044 -15, CONTRACT 1, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Change in Pavement Thickness for Rollingbrook Drive Extension from Decker Drive to Garth Road Busch, Hutchison has been working on plans for Rolling - brook Drive and asked McClelland Engineers, Inc. to make soil studies in that area. McClelland Engineers have recommended that rather than have the seven (711) inch concrete pavement as is the City of Baytown's standard that the thickness be changed to nine (9 ") inches. That would result in a cost increase based on estimates from $2,784,000 to $2,930,000. The Administration recommended approval of the change. Norman Dykes, City Engineer, explained that the Engineering Department had given McClelland Engineers traffic volumes as projected by the City of Baytown's Planning Department and this is the design that that company recommended; the Engineering Department concurred. In talking with highway department engineers and others, on major thoroughfares many entities are going to the thicker pavement. In response to questions from Council, Mr. Dykes explained that drainage is included as a necessary part of the project. Councilman Philips moved to authorize the additional pavement thickness for Rollingbrook Drive Extension. Council- man Fuller seconded the motion. Mr. Lanham responded to a question from Council that the project would be constructed under the assessment procedure, but assessment is charged based on enhancement to the property. Councilman Cannon pointed out that the County had gone in and put asphalt on Shelton Road which has worked quite well. Eighteen wheelers use the road extensively without problem. 30127 -14 Minutes of the Regular Meeting - January 27, 1983 Mr. Dykes explained that the recommendation was based on "AASHTO Interim Guide for Design of Pavement Structures, 1972," The seven (711) inch pavement is a standard which is not really based on actual traffic counts. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Consider Master Thorouahf are Plan Revision The Planning Commission had worked on this for several weeks and recommended the proposed changes. Council had been furnished with a copy of the proposed Thoroughfare Plan. The streets to be designated as major thoroughfares were shown in black. Major thoroughfares are expected to carry 20,000 vehicles per day or more. Those streets shown in brown are primary arterials and are expected to carry from 14,001 to just under 20,000 vehicles per day. No collector roads are being proposed for the revised plan. Councilman Cannon stated that for long range planning, the City needed to look toward a through street from Spur 201 to Barkuloo. Mr. Lanham explained that the master thoroughfare plan is used by the'Planning Commission in considering plats and is used by the city in developing capital improvement programs, and it can be used to talk to the county concerning bond funds to build projects. The Administration recommended approval. Councilman Johnson moved for approval of the master thoroughfare plan revision; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Consider Plans and Specifications for Quail Hollow Lift Station and Authorization to Advertise for Bids Norman Dykes, City Engineer /Director of Public Works, explained that the Quail Hollow or Baker Road Lift Station is located just east of Goose Creek on the north side of Baker Road. It was originally designed as part of the Quail Hollow Subdivision. It has been added to as that area has grown. At the same time that this area has expanded greatly, the lift station on the west side of Goose Creek which is Craigmont Lift Station and that service area has also grown causing that lift station to become overloaded. The Coady Fresh Water District and Decker Terrace pump into the Craigmont station. The engineers feel that a good plan would be to take all the flow east of Goose Creek and put it into the Quail Hollow Station and not let any of that go into Craigmont. That will relieve some of the load at Craigmont. 30127 -15 Minutes of the Regular Meeting - January 27, 1983 As development occurs in the area east of Goose Creek, lift station enlargement fees are being collected as that growth causes the necessity to enlarge lift stations. There is budget money, as well as developers money available to perform this project. The project will provide for excess capacity for future use. Mr. Lanham explained to Council why that area went to the Craigmont plant. At one time there was a sewer treatment plant that had been constructed by the water district prior to that area being annexed into the city. This plant served Craigmont, Country Club and Ponderosa. The treatment plant was taken out of service a few years ago and a lift station constructed. The suggested plan will help alleviate some of the problems at Craigmont. Both lift stations flow to a large gravity flow line along Goose Creek up to Baker Road. Ken Streeter, Consultant Engineer with Langford Engineering, explained that two new raw sewerage pumps would be installed and that the four inch pumps would be removed. The Adminis- tration recommended approval of the plan and requested authorization to advertise for bids. Councilwoman Wilbanks moved to approve the plans and to authorize the Administration to advertise for bids; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Consent Agenda Mr. Lanham explained that on Consent Agenda Item a, the Administration was not recommending the low bid be accepted because the difference was only $10 and the Administration had received conflicting reports concerning the low bidder. Atlas Enterprises has provided the fourth of July fireworks since 1977 with excellent performance; therefore, the Administration recommended that the bid of Atlas Enterprises be accepted. Council considered the Consent Agenda as follows: a. Proposed Ordinance No. 30127 -6, will award the bid for the purchase of Fourth of July fireworks. Three (3) bids were received. The low bid was that of Zambelli Internationale in the amount of $2,490. The second low bid was that of Atlas Enterprises which was $2,500. Atlas Enterprises has provided our fourth of July fireworks since 1977. Due to our past satisfaction with Atlas, and the minimal difference between these two bids, and because of the nature of the product and the unfamiliarity with Zambelli Internationale, we feel the lowest and best bid for the City of Baytown for this product is that of Atlas Enterprises. We recommend Atlas Enterprises be awarded this contract. 30127 -16 Minutes of the Regular Meeting - January 27, 1983 b. Proposed Ordinance No. 30127 -7, will award the bid for the purchase of a mini tape recorder. Only one bid was received. That was the bid of Nagra Magnetic Recorders for the sum of $3,512.48. Council has budgeted $3,773 for this purchase. We recommend the low bidder, Nagra Magnetic Recorder be awarded this contract. C. Proposed Ordinance No. 30127 -8, will award the Annual Polyethylene Pipe Contract. Two (2) bids were received. The Rohan Company submitted the low bid of $2,075. We recommend the low bidder, the Rohan Company be awarded this contract. d. Proposed Ordinance No. 30127 -9, will authorize the final payment on the 1981 Sliplining - Phase III. The total final project costs is $206,038.98. Payments of $176,037.30 have already been made. The final payment is in the amount of $30,001.68. The total final project costs represents an overrun of 6.63% or $12,817.98. This overrun was due to the number of service connections and linear feet of sliplining on Alexander Drive exceeding our estimate. We recommend approval of Proposed Ordinance No. 30127 -9. e. Proposed Ordinance No. 30127 -10, will authorize final payment on the 1982 -83 Sliplining - Phase I. The final costs of the project was $19,423.39. A payment of $17,586.32 has already been made. Final payment is in the amount of $1,837.07. All work provided by the contractor has been performed satisfactorily and in accordance with plans and specifications. The total cost of the project represents a 1.9% underrun of $376.61. We recommend approval of Proposed Ordinance No. 30127 -10. Councilman Johnson moved to adopt the Consent Agenda Items a through e; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None For bid tabulations, see Attachments "A" through "C." 30127 -17 Minutes of the Regular Meeting - January 27, 1983 ORDINANCE NO. 3556 AN ORDINANCE ACCEPTING THE BID OF ATLAS ENTERPRISES FOR THE ANNUAL 4TH OF JULY FIREWORKS DISPLAY AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND FIVE HUNDRED & N01100 ($2,500.00) DOLLARS. (Proposed Ordinance No. 30127 -6) ORDINANCE NO. 3557 AN ORDINANCE ACCEPTING THE BID OF NAGRA MAGNETIC RECORDERS FOR A MINI TAPE RECORDER AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND FIVE HUNDRED TWELVE & 48/100 ( #3,512.48) DOLLARS. (Proposed Ordinance No. 30127 -7) ORDINANCE NO. 3558 AN ORDINANCE ACCEPTING THE BID OF THE ROHAN COMPANY FOR THE ANNUAL POLYETHYLENE PIPE CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND SEVENTY FIVE & N01100 ($2,075.00) DOLLARS. (Proposed Ordinance No. 30127 -8) ORDINANCE NO. 3559 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO CHANNEL CONSTRUCTION FOR 1981 SANITARY SEWER SLIPLINING, PHASE III, JOB NO. 8109 -21; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 30127 -9) ORDINANCE NO. 3560 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO CHANNEL CONSTRUCTION COMPANY FOR 1982 -1983 SANITARY SEWER SLIPLINING, PHASE I - JOB NO. 8210 -05, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 30127 -10) Consider Appointments to Electrical Board Councilman Philips moved to reappoint George S. Saphos to the position of Master Sign Electrician and H. L. Bridges as Citizen not in building industry to the Electrical Board. Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Consider Appointments to Community Development Advisory Committee Council will make those appointments at a later meeting. 30127 -18 Minutes of the Regular Meeting - January 27, 1983 Consider Confirmation of Appointments to Baytown Library Board Mr. Lanham requested Council confirmation of the reappoint- ment of David Kadjar, Mrs. Mary Keating, Mrs. Fred Hartman and Lawrence Reilly to the Baytown Library Advisory Board. Councilman Johnson moved to confirm the reappointments to the Baytown Library Advisory Board; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Consider Confirmation of Appointment to Civil Service Commission Mr. Lanham requested Council confirmation of the reappoint- ment of Craig Wooten to the Baytown Civil Service Commission. Councilman Cannon moved to confirm the reappointment to the Baytown Civil Service Commission; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Audit Committee Mayor Hutto appointed Council members Johnson, Cannon and Simmons to serve as the Audit Committee for 1983; Councilman Johnson to serve as Chairman. Recess Into Executive Session to Discuss Contemplated Litigation Mayor Hutto recessed the open meeting into executive session to discuss contemplated litigation. When the open meeting reconvened, Mayor Hutto announced that no action had been taken. Request to nedicate Street Mr. Lanham mentioned to Council that the Administration had received a letter from Mrs. Shearer and her daughter, who are the holders of mortgages on properties located along Shearer Drive. Shearer Drive is just east of North Main across from Dent Addition. This is a small area that was developed without being subdivided. Shearer Drive is not built to standard, nor is it an improved street. The Shearers have been asked by the mortgagees to dedicate the street to the City of Baytown in order that it might be maintained in an adequate manner. The policy is that Council will consider accepting designations of this type if streets are brought up to standard. Standards involve a curb and gutter street. Mr. Lanham stated that the letter had been addressed to Council, but if Council so desired, the Administration would notify the Shearers of what the policy is. Council had no objections. 31027 -19 Minutes of the Regular Meeting - January 27, 1983 Adj ourn There being no further business to be transacted, the meeting was adjourned. a�:2� 10 Eileen P. Hall, City Clerk l �, Mini Tape Recorder 1[): #831 -29 ITE. .January 13, 1983 CITY OF BAYTOW N E31 D TABULATION Attachment "B" EA4 - 0 T DESCRIPTION IN1 EXTENDED UNIT Ex NDED UNIT X K D UNIT XTEN0':E) U:41'T— rX %L�� 1 1 Nagra SNS Mono Mini Tape Recorder 3,512.48 3,512.48 ' with 2 Microphones and 1 Power Supply Charger I I Total i 3,512.48 i 1 ' t • , 1{ Delivery 10 Days ARO I j j GROSS TOIAL I LESS DISC. NET TOTAL (TL t: 4TH OF JULY FIREWORKS DISPLAY ID: 31 -31 ATE JANUARY 18, 1982 2:00 P.M. CITY Or BAYTOW N 131D TABULATION 'Attachment "A" 'EM QTY DESCRIPTION B INTER. S S ERC FIRE .UNIT EXTENDED UNIT EXTENDED UNIT a0 UN! ExTE: + ✓tJ Uf!!T �z R c i r c i s 1. 4th OF JULY FIREWORKS DISPLAY, ' per specifications. 2,490.00 2,500.00 2,785.00 lI • PUBLIC LIABILITY *$5,000,000. "1$1,000,000.0 $1,000,000.0 i • Property Damage $5,000,000.(0. $1,000,000.0 $1,000,000.0 I DELIVERY: 10 DAYS ARO July 4th July 4th t LESS ISC NET � 1'r'L`: Annual Polyethylene Pipe Contract '310: a31 -130 ��,�i -�� .lanuary 17, 983 7�Eti1 QTY DESCRlPTlQN 1 10,000 ft. Polyethylene Pipe 3/4 inch 2 2,500 ft. Polyethylene Pipe 1 inch i ; Total 1 � I Manufacturer IDelivery ., 1 i �_, GROSS TOTAL _�_� �___� L ~S DlSG. ���- N" TOT,�1L � . .�.� • .�. rs � • GIrY n� �AY-row N e�� Ta ev�AT1 o�v Attachment "C" unrrr - ExTE:��,�E:7 u:.; r � �a � rte._._ ^�,rc J I I! 1 I , i i � ' I � I 1 .unrr7 xrENDEO ur�rrT DC ENOEO uNr . R � r � + .1450 1,450.00 .2S 2,Soo.00 .25 625.00 .38 950,00. i2,o75.00 � 3,450.00 Phillips Drisco OB SP 4 iys.ARO 14 Da s ARO I '; 1� ' Attachment "C" unrrr - ExTE:��,�E:7 u:.; r � �a � rte._._ ^�,rc J I I! 1 I , i i � ' I � I 1