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.
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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.
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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