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1984 02 09 CC Minutes40209 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 9, 1984 The City Council of the City of Baytown, Texas, met in regular session on Thursday, February 9, 1984, 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 Gerald Dickens Allen Cannon 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 by Councilman Dickens. After the invocation was offered, the following business was transacted: Consider Minutes for the Regular Meeting Held January 26, 1984 Councilman Philips moved for approval of the minutes for the meeting held January 26, 1984; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Fuller and Dickens Mayor Cannon Nays: None Abstained: Councilwoman Wilbanks Receive Petitions Raymond Martin, a resident of Julie Ann Villa, presented a petition requesting that the City of Baytown release the subdivision of Julie Ann Villa from any and all extraterri- torial jurisdiction. Councilman Simmons moved to accept the petition; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Fuller Mayor Cannon Nays: Councilman Dickens Mr. Martin stated that there were approximately 49 signers of the petition which represented about ninety (90 %) percent of the homeowners in Julie Ann Villa. The residents of this subdivision are very interested in approaching Mont Belvieu to annex this area, but Baytown would have to relinquish its rights in the area before this could be done. 40209 -2 Minutes of the Regular Meeting - February 9, 1984 Councilman Johnson suggested that since it was obvious that the majority of the Baytown City Council would not be interested in relinquishing Baytown's rights to this area, perhaps the signers of this petition, as well as others who are interested could approach the City Council of the City of Mont Belvieu with regard to that city furnishing water and sewer service to these areas. The City of Baytown provides these services to residents who live outside the boundary limits, but in close proximity to the city. The Administration had been presented with another petition requesting that Lammers Circle be changed to Glen Haven. Councilman Philips moved to accept the petition; Council- man Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None City Manager's Report Entex Fuel Cost Increase - A copy of a letter from Entex had been placed at each Council place notifying the city that due to the cost of gas to Entex, rates charged to residential and commercial customers will be adjusted with bills rendered on and after February 61 1984. The adjustment of $ .01813 per hundred cubic feet will increase the average monthly bill by approximately $1.08 per month. In looking over the past year or more, Entex has had reductions, as well as increases and actually a February bill for 61000 cubic feet in 1984 cost only $ .20 more than it did in February, 1983. This is not a major increase; therefore, no Council action is required unless Council elects to hold a hearing. Council made no indication that a hearing would be necessary. Texas Municipal League - The Administration has received official notification from Texas Municipal League that Baytown was one of thirteen Texas cities that has been selected by the TML Committee on Art to receive its award of Special Recognition for Baytown's work in support of the arts in 1983. Things that were mentioned specifically were the Blue Grass and Arts Festival, the Fourth of July cele- bration, the Baytown Art Exhibit and the Student Art Show. Texas Municipal League Executive Director - The Texas Municipal League's Executive Director, Richard Brown, is leaving TML effective in June to establish himself as an independent lobbyist to represent a small number of clients before the state legislature. He has been most successful in the 10 -12 years with TML in representing cities' best interests before the legislature. Rollingbrook Drive Extension, West of Garth Road - The contractor on this project has made very good progress on this project despite the wet weather. Lime stabilization is about forty (40 %) percent complete. The bridge is about forty -five (45 %) percent complete. Some concrete has been poured and the drainage system is about ninety -five (95 %) percent complete. 40209 -3 Minutes of the Regular Meeting - February 9, 1984 1983 Street Improvement Program - Fleetwood has been overlaid and on Memorial Drive, the drainage work has been completed. Work is in progress on West Jack. At this point Councilman Philips requested that the Administration encourage completion of State Highway 146. Drainage - The Drainage crews have completed the work on East Texas near Danubina, and they are presently working on Edgewood. Bayway Drive /Baker Road Drainage Project - Very little progress has been made because the contractor is waiting for delivery of large pipe. Volunteer Firemen - Council was furnished with a copy of a letter from Louie Bishop, representing the Local Board of Volunteer Firemen, asking that when next year's budget is considered that Council consider increasing the city's contribution so that the retirement benefits being paid to the volunteers under SB258 be increased. The Administration will discuss that with Council as part of next year's budget preparation. Questions /Comments from Council Councilman Fuller requested that attention be given to the bad bump on the east lane of North Main and Cedar Bayou. Councilman Johnson requested that Mr. Lanham brief the Director of Planning and Traffic on a letter concerning Mabry Street. Mayor Cannon mentioned that a stop line is needed on Highway 146 at Elvinta. Councilwoman Wilbanks requested permission of Council to attend the Texas Municipal Board meeting on March 16 in Austin; Council had no objection. Councilman Fuller has been appointed to the Planning Committee of the Mayors, Councilmen and Commissioners which will be meeting in Corpus to plan a program for the institute to be held in June for three days. He requested that if Council had any particular topics that they would like to have on a program, to let him know. Receive Annual Audit Report Dave Start with the firm of Gerace, Hullum, Start and Company, auditors for the City of Baytown, was present to review the financial statements of the City of Baytown as of September 30, 1983. He stated that there have been a number of changes in the standards for accounting for governmental entities and their activities. On Page 9, under Footnote No. 2, the auditors address the significant changes that have occurred between the report that was presented in September, 1982 and this report. Several years ago, around 1979, the National Council on Governmental Accounting said that the accrual basis should be used for accounting for 40209 -4 Minutes of the Regular Meeting - February 9, 1984 taxes. This meant that the tax revenue was recognized when it was earned, not when it was collected. Since that time, there have been some significant abuses by other cities. For instance, some cities would enter into an arrangement whereby they would levy taxes for a five -year period, but would recognize the entire amount in the first year of the levy. This resulted in a great distortion of their revenues. To counteract this abuse, the National Council on Governmental Accounting has decided that this was not really a good idea, and now is requiring that revenues be recognized when they are available. They have defined available to mean collected during the current period or within 60 days of year end. This for all intents and purposes put the system back on a cash basis. The effect of this change reduces beginning fund balance in the general fund by some $1,400,000. Again, that is an amount that was put there several years ago which was never really cash in the bank. It was money that was due the city, but was not yet collected. Those amounts will now be recognized when taken into the city coffers. The next significant change deals with vested employee benefits. In the distant past, those benefits were never really addressed, but in the recent past, the amount of that liability has been disclosed. The standards now require that that liability not only be recognized, but that that liability be recorded in the financial statements. The effect of that change is to record approximately $2,600,000 of liability in the financial statements. About $120,000 of that amount is in the general fund; about $475,000 of that is in the enterpise fund; the remainder is in the general long -term debt account which is the same place where general obligation bonds are accounted. In response to inquiry from Council, Mr. Start stated that it is only to recognize and record the liability, but there is no requirement that it be completely funded. The $120,000 that is recorded in the general fund is the approxi- mate amount that will be liquidated in the ensuing year which is based primarily on estimates by the City Manager. The $475,000 which is recognized in the enterprise fund has actually been charged against the earnings of that fund. The manner in which the amount of liability is arrived at is to take the accrued vested days from the vested benefit reports for each employee of the city and apply their pay to that number of days. In the past that amount has been estimated, but this year because of the requirement to record that liability, data processing developed a program to go through and extract number of accrued days and pay rates to come up with an actual liability. That liability cuts off at 90 days on sick leave for termination, but 120 at retirement. The standard requires that the minimum vested benefit be recorded. That computation assumes that as of September 30, 1983, that the city went completely out of business which is not a very realistic assumption. In response to Council inquiry, Mr. Lanham stated that each year when the budget is prepared and presented to Council, the Administration predicts the amounts needed in the general fund and in the enterprise fund to pay vacation and sick leave upon termination of employees. Presently, it is rather low because the turnover is low. With high turnover, the amount expended increases. 40209 -5 Minutes of the Regular Meeting - February 9, 1984 The next significant change is addressed on Page 10, and this is called a change in reporting entity. The national council became concerned when certain non - governmental entities or certain entities related to governments began to take over functions that were related to the city which resulted in the city not reflecting certain liabilities in its financial statements. The classic example is New York City and its Municipal Assistance Corporation which went out and issued bonds which benefited the city, but those liabilities were not recorded in the financial statements of the City of New York. The National Council on Accounting addressed the issue of oversight responsibility and ability to influence operations of these related entities. They issued a statement defining the reporting entity and an interpretation to that statement. Under the terms of both those statements and by operation, it is clearly obvious that Baytown City Council exercises significant control over the operation of the Baytown Area Water Authority. According- ly, under generally accepted accounting principles, the results of operations of that entity should be combined with that of the City of Baytown or at least with the enterprise fund of the City of Baytown to give a true picture of the operations of the city. Accordingly, the auditors have been required to convert the financial statements of the water authority to an enterprise fund basis as though it were a profit motivated business just like the existing water fund and to consolidate those financial statements with financial statements of the water fund. The result of that is to provide an overall picture of what the water treatment and water distribution function of the expanded city are for the year. Included in the report is some supplemental information that reflects the financial position of the City of Baytown, excluding the Baytown Area Water Authority. The basic financial statements that the auditors are required to render an opinion on are those that include the operations of Baytown Area Water Authority. In response to an inquiry from Council, Mr. Start clarified that in an enterprise fund any capital outlay is not expensed in the current year and is depreciated over its useful life. Payment of principal amount on bonds is not charged to current expense in an enterprise fund type accounting situation. Under governmental accounting method or under the budgetary method, capital outlay items are charged to expenditures in the current year as are retire- ments of principals on bonds. Therefore, the $374,000 that BAWA made in the enterprise fund, is not cash in the bank. It is profit under a particular accounting concept that the people who dictate how these statements are supposed to go out say is the proper method to use. It is the same problem that always exists when trying to compare the financial statements to the budget. The answer is that they are on significantly different basis and in many cases bear little resemblance to one another. There are two organizations that determine how the financial statements will be presented in order that a clean opinion may be rendered. The bonding company wants to see a clean opinion on the City of Baytown's financial statements. 40209 -6 Minutes of the Regular Meeting - February 9,, 1984 Councilman Simmons moved to accept the financial state- ments as of September 30, 1984; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Bill Ingram Will Appear Bill Ingram appeared to discuss the sign ordinance. Mr. Ingram stated that he had no problem with the concept of the sign ordinance, but he did have a problem with charging a fee for a stationary sign on an annual basis. He had no problem with assessing a fee for portable signs or those that are revenue producing. He also had no quarrel with levying a fee when a new sign is constructed as a one time levy; however, he felt that there is no justification for levying a $25.00 a year fee on signs just for existing, and he requested that Council study the annual fee system. Councilman Fuller explained that the fee was established on the basis that the sign ordinance must be self supporting, and on a trial basis. Council intends to review the charge in the future. Mike Campos Will Appear To Discuss Single Member Districts Mr. Campos was not present. Consider Proposed Ordinance, Appropriating Entitlement XV, Revenue Sharing Funds, As Well as $58,-141 In Interest In the packet the Administration included a recommendation for expenditure of revenue sharing funds, and Council was furnished with a copy of the ordinance which incorporates the recommendations that were in the memorandum dated February 7 with one addition of $2,001 for audit purposes. The total amount available is $754,325 which includes about $58,000 interest earned on revenue sharing funds. The recommendations for expenditure of the funds are: 1. $325,000 for street improvements to go along with funds that are in the budget; 2. $100,000 for sliplining of sanitary sewer lines; 3. $7,087 for remodeling at the police department; 4. $100,500 for Civil Defense of which $12,000 will be used to enable Baytown Civil Defense to par- ticipate with the hospitals in an improved radio system and $88,500 to install an emergency generator at ground level; 5. $2,750 for employee assistance program; 40209 -7 Minutes of the Regular Meeting - February 9, 1984 6. $30,000 to the library for books; 7. $48,000 to the Parks and Recreation Department; 8. $23,567 for Senior Citizen Taxicab Program; 9. $15,500 to Planning and Traffic for the purchase of a vehicle; 10. $5,734 to the Health Department. 11. $15,000 to Bayshore Community Development; 12. $26,000 to the Baytown Nutrition Center; 13. $15,000 to Bay Area Heritage Society; 14. $3,186 to Retired Senior Volunteers Program; 15. $20,000 to Bay Area Women's Center; 16. $15,000 to Palmer Drug Abuse Program. The women's center had asked for $25,000 at the hearing, but the original request was for $15,000. The request of Bayshore Community Development was reduced, and the Palmer Drug Abuse Program was added after the hearing. The Admin- istration recommended approval of the ordinance. At a later date, the Administration will come back to Council with a contract between the City of Baytown and each one of the social service institutions listed in the ordinance. The contract will speak to the specific services to be rendered and how the funds are to be distributed. Revenue sharing funds are received on a quarterly basis. In response to an inquiry from Council, Larry Patterson, Assistant City Manager, stated that he had been in contact with Mr. Hunt at the Bayshore Community Development center who stated that if the city could provide $15,000 in funding, this would be acceptable. Councilman Johnson moved for adoption of the ordinance; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3768 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE SEVEN HUNDRED FIFTY FOUR THOUSAND THREE HUNDRED TWENTY FIVE AND N01100 ($754,325.00) FROM THE UNAPPROPRIATED FIFTEENTH ENTITLEMENT PERIOD FUNDS OF GENERAL REVENUE SHARING, 1983, AND UNAPPROPRIATED INTEREST TO THE FOLLOWING BUDGET ACCOUNTS; 610000, PUBLIC SAFETY; 630300, STREET REPAIR & RECONSTRUCTION; 620700, SANITARY SEWER (SLIP - LINING); 610000, CIVIL DEFENSE; 538700, EMPLOYEE ASSISTANCE PROGRAM; 660200, LIBRARY; 650100, PARKS & RECREATION; 630000, PLANNING & TRAFFIC; 538706, SENIOR CITIZENS TAXI PROGRAM; 40209 -8 Minutes of the Regular Meeting - February 9, 1984 640000, PUBLIC HEALTH; 538700, SOCIAL SERVICES; DIRECTING THE CITY CLERK TO FILE AND GIVE NOTICE OF THE AVAILABILTY OF THE ADOPTED BUDGET; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Authorizing Traffic Signals At the Intersection of Garth Road and Birdsong The traffic committee has recommended that a traffic signal be installed at the intersection of Birdsong and Garth Road. This intersection meets the traffic volume warrant for installation of traffic signals, and the cost for installation is $21,000. No money is included in the budget for this; therefore, the Administration recommended that funds for this project, as well as the installation at Sharon Lane and Garth Road be transferred from Council Con- tingency which contains $518,000. This signal as well as the one at Garth Road and Sharon will be demand signals. Therefore, if there is no traffic on Birdsong, the light will not be triggered. The Adminis- tration recommended approval of the item. Councilman Dickens moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3769 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN REPEALING THE DISIGNATION OF BIRDSONG DRIVE AT GARTH ROAD AS A STOP INTERSECTION; AUTHORIZING REMOVAL OF STOP SIGNS; DESIGNATING THE INTERSECTION OF BIRDSONG DRIVE AND GARTH ROAD AS A SIGNALIZED INTERSECTION; AUTHORIZING THE INSTALLA- TION OF TRAFFIC CONTROL SIGNALS; REPEALING CONFLICTING ORDINANCES; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Authorizing the Installation of Traffic Signals at the Intersection of Garth Road and Sharon Lane Sharon Lane is across the street from the San Jacinto Mall and south of the Goose Creek Shopping Center. The warrant that this request meets is not traffic volume but accidents. If there are five correctible accidents at a given inter- section per year, a signal is required. This location meets that warrant. The Administration is recommending the instal- lation of traffic signals, as well as the installation of a left turn bay. The total cost is estimated to be $27,500. This too will require the transfer of funds from Council Contingency. 40209 -9 Minutes of the Regular Meeting - February 9, 1984 Councilman Simmons suggested that an amount be included in next year's budget for installation of traffic signals. Councilman Philips moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3770 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN REPEALING THE DESIGNATION OF SHARON LANE AT GARTH ROAD AS A STOP INTERSECTION; AUTHORIZING REMOVAL OF STOP SIGNS; DESIGNATING THE INTERSECTION OF SHARON LANE AND GARTH ROAD AS A SIGNALIZED INTERSECTION; AUTHORIZING THE INSTALLATION OF TRAFFIC CONTROL SIGNALS; REPEALING CONFLICTING ORDINANCES; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Authorizing the Removal Of the Signal at the Intersection of East Texas and Danubina /Tri- Cities Beach Road and Authorizing Installation of Stop Signs This particular signal was installed a number of years ago prior to the completion of Spur 55, and at that time, U.S. Steel traffic and other traffic to that area was routed in this direction. According to the traffic warrants, this signal is no longer needed; there- fore, the Administration is recommending the removal of the signal and the installation of stop signs for Danubina and Tri- Cities Beach Road. Councilman Philips moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Councilman Philips requested that the signal be placed on flashing 30 days prior to removal. ORDINANCE NO. 3771 AN ORDINANCE PROVIDING FOR THE REMOVAL OF THE TRAFFIC CONTROL SIGNALS ON EAST TEXAS AVENUE AT DANUBINA /TRI CITIES BEACH ROAD; DESIGNATING DANUBINA AT EAST TEXAS AVENUE AND TRI CITIES BEACH ROAD AT EAST TEXAS AVENUE AS STOP INTERSECTIONS; AUTHORIZING THE POSTING OF STOP SIGNS; REPEALING CONFLICTING ORDINANCES; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 40209 -10 Minutes of the Regular Meeting - February 9, 1984 Consider Proposed Ordinance, Amending the Swimming Pool Ordinance to Regulate Public and Semi - Public Hot Tubs And Spas This item was passed. Consider Proposed Ordinance, First Reading on Proposed Annexation of San Jacinto Crossing and Adjacent Property Notice was given and public hearings held on the proposed annexation. The Administration recommended adoption of the ordinance on first reading. Councilwoman Wilbanks moved for the adoption of the ordinance; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3772 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF SAN JACINTO CROSSING WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance, Initiation Ordinance on Improvement of Rollingbrook East of Garth Road The owners of the property abutting on Rollingbrook east of Garth Road are not prepared at the present time to pave that section of roadway, but agree that when the property is developed that they are obligated to pave the roadway. The City Attorney feels that the City may improve the roadway under assessment basis, assess the owners and later collect the remaining balance under the prior agreement. The Admin- istration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ki 40209 -11 Minutes of the Regular Meeting - February 9, 1984 ORDINANCE NO. 3773 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT ROLLINGBROOK DRIVE FROM THE EAST RIGHT -OF -WAY LINE OF GARTH ROAD ALONG THE PROPOSED CENTERLINE OF ROLLINGBROOK DRIVE IN AN EASTERLY DIRECTION FOR A DISTANCE OF 880 FEET, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS, TOGETHER WITH AN ESTIMATE OF THE COSTS OF SUCH IMPROVEMENT; PROVIDING THAT A PART OF THE COSTS THEREOF SHALL BE PAID AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR ALL FURTHER PROCEEDINGS RELATED TO SUCH IMPROVEMENTS ARE BY VIRTUE OF TEX. REV. CIV. STAT. ARTICLE 1105b; DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Granting a 10 Foot Easement to Houston Lighting and Power Through Walker Park Several months ago, Council approved an easement to the Harris County Flood Control District to perform work on the south side of Goose Creek Stream. Houston Lighting and Power needs an easement to work in this area as well. The Parks and Recreation Board has reviewed the request and recommends approval, along with the Administration. Councilwoman Wilbanks moved for adoption of the ordin- ance; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3774 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EASEMENT TO HOUSTON LIGHTING AND POWER COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Awarding Bid on Emergency Basis for Repairs to Brush Burner Pit Wall Due to a severe problem with the brush burner, it has been shut down until repairs can be made. The sheet piling on one side has failed and has bent over. The plan is to put another row of sheet piling one to two feet down behind the existing piling. Emergency bids were taken and the low bidder for the piling is Skyline Steel Corporation; however, the Administration feels that the second low bid is the best bid which would provide a heavier type of piling at a cost of $5,420. The cost of installation to drive the piling is $7,500 for a total of $12,920. The Administration recommended approval of the ordinance awarding the bid for emergency repair of the brush burner pit wall to Shirley Construction Co., Inc. and purchase of steel sheet piling to Mississippi Valley Equipment Company. 40209 -12 Minutes of the Regular Meeting - February 9, 1984 The cause of the failure is the weight of the loading equipment bearing down on the sheet piling which caused the piling to bend. In the future, the loading procedures will be altered so that the equipment is not driven to the edge of the pit. Councilman Philips moved for adoption of the ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3775 AN ORDINANCE DECLARING THAT AN EMERGENCY SITUATION EXISTS; ACCEPTING THE BID OF MISSISSIPPI VALLEY EQUIPMENT CO. FOR THE PURCHASE OF STEEL SHEET PILING, AUTHORIZING THE PAYMENT OF FIVE THOUSAND FOUR HUNDRED TWENTY AND N01100 ($5,420.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE; ACCEPTING THE BID OF SHIRLEY CONSTRUCTION CO., INC. FOR THE INSTALLATION OF SAID PILING; AUTHORIZING THE PAYMENT OF SEVEN THOUSAND FIVE HUNDRED AND N01100 ($7,500.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. For tabulation, see Attachment "A." Councilman Philips mentioned that he had noticed fallen trees on several vacant lots throughout the city and re- quested that the Legal Department research the weed mowing ordinance to determine if it needs to be amended to cover this type situation in order to get these lots cleared. Consider Proposed Ordinance, Awarding Bid for Community Building Furniture The Administration recommended that the low bid be awarded as follows: (1) Stackable chairs to Matherne's; (2) Card tables to Pencil Box and (3) Six foot tables to Persenaire Playground Equipment. Councilman Johnson moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3776 AN ORDINANCE ACCEPTING THE BIDS OF MATHERNE'S, THE PENCIL BOX, AND PERSENAIRE PLAYGROUND EQUIPMENT FOR COMMUNITY BUILDING FURNITURE AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF NINE THOUSAND TWO HUNDRED TWENTY AND 90/100 ($9,220.90) DOLLARS. For tabulation, see Attachment "B." 40209 -13 Minutes of the Regular Meeting - February 9, 1984 Consider Proposed Resolution, Supporting the Fair Trade in Steel Act of 1983 A few weeks ago Dane Harris with U. S. Steel brought the new plant manager by to meet the Mayor and City Manager, and at that time, he indicated that he would like to provide information regarding their problems with imported steel and requested that that information be presented to Council for consideration. Therefore, this resolution is a result of that. One paragraph in Mr. Harris' letter is significant where he says, "While we have historically favored free trade, we have reluctantly concluded there is no free trade in steel. Thus, we have made the very pragmatic decision that we must have legislation of this type if we are going to preserve jobs, payrolls and tax revenues and maintain a viable domestic steel industry." Councilman Fuller stated that this is a very big issue and he is wondering if enough information is provided to make such a formal statement of support. This type thing destroys competition and the consumer is, in effect, subsidizing the steel industry. Subsidizing the industry also destroys the incentive of the industry to get out and really compete to establish new technology and develop competitiveness. However, he did say that in one way he was sympathetic toward the plight of the steel industry, but basically he was uncomforta- ble with this since he did not have all the information. Councilman Philips stated that the other side of the coin is that should this paradox proceed the ultimate end of the steel industry is possible which would not be healthy. Therefore, whether it makes any sense or not, there is a self preservation issue that says that by some hook or crook, a steel industry must be kept alive in the United States. If this resolution says to Washington, D.C. that the steel industry needs to be kept viable, that message should be sent. Councilman Dickens stated that he had no problem with keeping the steel industry viable, but he felt that this was not the way to accomplish that. He felt that U.S. Steel should be more competitive in salaries and other areas. One reason that there are other types of steel in, the United States is because their workers are not paid $22 an hour. The average Korean worker makes about $8 an hour. That problem needs to be addressed before the company asks City Council to support a policy that, in effect, gives them an unfair advantage. Councilman Simmons mentioned that part of U. S. Steel's problem and other steel companies domestically is that the steel industry in a number of these foreign countries, like Japan, is subsidized. When the steel is exported, it is subsidized and then when it is delivered here, it is hard for the customer to reject the lower priced foreign product. In order to meet that competition, the government of the U.S. is going to have to do something to enable the steel industry to be competitive, not only with technology improvements, but the labor considerations. Councilman Dickens felt that these other governments can not continue to subsidize their steel industries. 40209 -14 Minutes of the Regular Meeting - February 9, 1984 Councilman Philips moved to adopt the resolution; Council- man Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks and Fuller Mayor Cannon Nays: Council members Johnson and Dickens RESOLUTION NO. 865 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN SUPPORTING THE PASSAGE OF H.R. 43521 THE FAIR TRADE IN STEEL ACT OF 1983; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Approval of List of Streets for the 1984 Street Improvement Program Attached to the minutes as Attachment "C" is the proposed 1984 Street Improvement Program list for recon- struction or asphalt overlay. The estimated cost to perform this work plus construction contingency is estimated to be $525,000. These funds are available in the 1983 -84 General Fund and Revenue Sharing Fund. In addition to the reconstruction and overlay, the City Engineer recommended that left turn lanes be installed on Garth Road at the intersection of Lynchburg -Cedar Bayou Road (both north and southbound). This improvement would be funded from the 1981 bond fund. The county has agreed to improve Park Street from Bayway Drive to the Exxon gate. The Administration requested permission to prepare plans for the street improvement program and the left turn lanes on Garth Road at Lynchburg -Cedar Bayou Road. Councilman Philips moved to authorize engineering to prepare plans for the street improvement program and the right turn lanes on Garth Road at Lynchburg -Cedar Bayou Road. Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Council expressed concern about the roller coaster effect on Rollingbrook near the apartments and asked that the Ad- ministration check on that. Councilman Philips mentioned the rapid deterioration of the thoroughfares throughout the city and asked that that need be addressed. Councilman Johnson mentioned that he would like to see the esplanade on North Main removed and replaced with a continuous turn lane. Mr. Lanham stated that at one time this had been considered as part of the bond program, but was deleted due to the cost. 40209 -15 Minutes of the Regular Meeting - February 9, 1984 Consider Recommendations on Appointees to Harris County Appraisal District Review Board Councilman Philips moved to nominate Rosa Johnson, Coleman Godwin and Emmett Hutto as members of the Harris County Appraisal District Review Board; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Consider Appointment to Community Development Advisory Board Councilwoman Wilbanks moved that William B. Lewis be appointed to serve a three -year term as a member of the Community Development Advisory Board; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Recess and Reconvene The meeting was recessed into executive session and when the open meeting reconvened the following action was taken: Councilman Johnson moved to retain the firm of Olsen and Olsen to represent the City of Baytown in pending litigation; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Adjourn There being no further business to be transacted, the meeting was adjourned. - e � tl-), W_X� Eileen P. Hall, City Clerk CITY OF B A Y T O W N Attacrmeat "B- TITLE- COMMUNITY BUILDING FURNITURt - BID TABULATION Bit): RR4ni -74 DATE-. FEBRUARY 6 1984 2:00 P.M. ITEM QTY UNIT DESCRIPTION MATHERNE'S UNIT EXTENDED PENCIL BOX UNIT EXTENDED PERSENAIRE PLAYGROUND IM: EXTENDED -PRIr-1F BAYTOWN OFF CF PR Irg EXTENDED COMMUNITY BUILDING FURNITURE per specifications. 1 225 Stackable Chairs 27.94 $6,286.50 40.62 $9,139-50 NO BID 4 -8 2 10 Card Tables 58.78 $ 587.80 53' $ 534.40 55.00 S 550.00 NO BID 3 40 Six Foot Tables 65.48 -$2,619.20 60.25 $2,410.00 60.00 $2 400.00 NO BID BRAND: ASTRO b AUGER ASTRO E K UGER KRUGER ASTRO 1 2 225 10 40 ALTFRNATF RID--- Chairs Card Tables Isix Foot Tables - 35 * SS 7n3 7c - SPECIAL CONDITIONS: weight spec fications. 30-45-Days ARO 21 Da s AR DELIVERY: ITEM #1 15 20 Days 30 -60 Days ARO ITEM #243 15 Days GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS DELIVERY Attachment "A" MEMORANDUM February 2, 1984 T0: Fritz Lanham, City Manager FROM: Norman Dykes, City Engineer /Director of Public Works SUBJ: Emergency Repairs to Brush Burner Pit Wall It has become necessary to repair the brush burner pit wall opposite. the blower due to failure of the sheet piling from a combination of ex- cessive heat and accidental concentrated loads imposed by the brush loading equipment. This wall is leaning inward approximately 2.5 feet at the top and in the center, creating an unsafe and inefficient loading operation during the burning process and a more restricted space during the ash removal process. Recomzaended repairs consist o'f the installation of a parallel steel • sheet piling wall driven about one foot outside the damaged wall. As much of the damaged wall 'as possible will be left in place to act as heat protection for the new wall. An alternate loading method is also being considered -.to change from a front -end loader to a clam shell or picker method of handling brush at the burner pit. Telephone bids from three major suppliers of steel sheet piling have beea••received for 25 pieces by 20 feet long and are tabulated below: Skyline Steel Corp. $5,101.05 Mississippi Valley Equipment Co. $59420.00* .• L. B. Foster Co. $59516.25 * Includes approximately $100 freight charges. Other quotes are delivered. It is recommended that Mississippi Valley Equipment Company be awarded the supply contract, even though their quotation is not lowest, because the section offered is heavier by 27.6X versus an increase in cost of only 6.3X. The added strength of a heavier, thicker section is desireable. • Bids from two contractors for the installation of the sheet piling have been obtained. These are tabulated below: Shirley Construction Co., Inc. $7,500 Baytex Construction Co. $8,991. It is recommended that. the low bidder, Shirley Construction Co., be awarded the installation contract in the amount of $7,500. • Should Council accept these recommendations, the total cost of steel sheet piling and outside services to drive the piling will amount to $12,920. Funds to cover these costs are available in the 1983 -84 budget, Solid Waste Division, contingency account number 694010 - 012010. RS /lc • CITY OF BAYTOIIVN TI i LE. COMMUNITY BUILDING FURNITURE___ BID TABULATION BI1�. u8401 -24 DA I E- _ FEBRUARY 6, 1984 2 •nn P_M_ • PAGE 2 ITEM aTY UNiT ' DESCRIPTION TAB�PRODUCTS SASCO FOSTER OFFICE B � B OFFICE uNiT EXTENDED a UNIT E)CTENDEO UN17 EXTENDED UNI EXTENDED COMMUNITY BUILDING FURNITURE, NO 'RESPONSE NO•RESPONS� NO RESPONSE per specifications. - 1 225 Stackable Chairs Card Tables ' 2 10 3 40 Six Foot Tables ALTERNATE BID: �' 2 10 40 Card Tables Six foot Tables N� "80.6 22 .20 �� . SPECIAL CONDITIONS: `Does not me wei ht s ec t frame b fications. DELIVERY: 45 Da s ARO GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS DEL_ ERY PROPOSED 1984 STREET IMPROVEMENT PROGRAM Reconstruction Street From To Kentucky Florida Britton Ferry Rd. HCFC bridge S.H. 146 E. Texas Eighth St. S.H. 146 Eleventh St. E. Hunnicutt E. Lobit E. Defee Seventh St. Lafayette W. Hunnicutt Gertie - S. Sixth St. N. Sixth St. Knowlton Clayton Yaupon Greenbrier' Winkler Arbor W. Adoue Beaumont Memorial Largo N. Pruett SUB TOTAL Asphalt Overlay Gaillard Commerce Denby Harding E. Republic E. Texas behind school & church Beaumont Barcelona Cir. Mockingbird James Bowie Winkler Greenbriar Yaupon Mayhaw S. Burnett Yaupon North Fortner N. Pruett N. Commerce Largo Te j as Park •• entrance Decker Dr. Maplewood Beaumont S.H. 146 Schilling River Bend SUB TOTAL CONSTRUCTION CONTINGENCY GRAND TOTAL Attachment "C" Estimated Amount $ 51,030 63,000 22,545 36,750 12.762 $186,087 $ 11,070 3,816 17,415 7,200 7,200 19,800 17,550 18,675 3,600 14,850 19,170 15,750 68,875 32,625 41.200 $298,796 40,117 $525,000 2/7/84 ATTACHMENT N