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1984 06 28 CC Minutes40628 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 28, 1984 The City Council of the City of Baytown, Texas, met in regular session on Thursday, June 28, 1984, at 6:30 p.m. in the Council Chambers of the Baytown City Hall with the following attendance: Fred T. Philips Perry M. Simmons OW Roy L. Fuller Gerald Dickens Allen Cannon Fritz Lanham Larry Patterson Randy Strong Eileen P. Hall Absent: Jimmy Johnson Ron Embry Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Councilman Councilman The meeting was called to order with a quorum present. The invocation was offered by Councilman Fuller, afterwhich the following business was transacted: Consider Minutes for Council Meeting Held June 14, 1984 Councilman Simmons moved for approval of the minutes; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Fuller and Dickens Mayor Cannon Nays: None Receive Petitions There were no petitions presented. City Manager's Report Baytown Transit Committee - The committee held its first meeting. Bill McElhannon was elected Chairman; Wanda Brown, Vice Chairman. Brush Burner - Several months ago there were problems with the brush burner, and Council authorized the staff to add sheet piling to one side of the pit. Now the same problem has resulted on the other side. Before requesting that Council 40628 -2 Minutes of the Regular Meeting - June 28, 1984 authorize the addition of sheet piling on this side, the administration would like to experiment with steel insulating reinforced concrete. The ultimate cost would probably be about the same as the additional sheet piling, but the administration would like to expend up to $2,000 testing the material. Council had no objections to the staff trying the steel reinforced insulating concrete, and if this experiment appears to work, the staff will take bids on treating the entire pit in this fashion. Stauffer Chemical Company Waste Incineration - Stauffer Chemical Company has requested to meet with Council to explain what is proposed with regard to waste incineration at the Stauffer Chemical Plant. Council scheduled a work session for 5:30 p.m. on July 12. Pothole Bill - Baytown, along with many other cities in the state had supported the Pothole Bill but it appears that that bill will not be approved because there are so many demands being placed on the legislature for the money to be generated by the new tax. However, if the exemptions on sales taxes for services and some of the things that are now exempted are lifted, cities will benefit from that. Removing some of the exemptions is a part of the tax bill that was reported out by the House Ways and Means Committee today. Councilman Philips pointed out that this would probably work better because the other proposal required a great amount of bookkeeping and probably auditing tied to it. Mr. Lanham pointed out that the sales tax revenues are sensitive to inflation which could effect the revenue either up or down. Child Restraint /Open Alcoholic Beverage Containers Legislation - Gay Plank with the Baytown Citizens Safety Council appeared to request that Council consider support of two items that the Governor had agreed to consider in the special session of the legislature - -child restraint /open alcoholic beverage containers. Mrs. Plank mentioned that the child restraint legis- lation would make it a misdemeanor for an individual to permit an infant under four_ years of age to ride in a motor vehicle without proper protection of a child restraining system. The proposed bill will allow an individual, who is cited for failure to comply with child restraint requirements, ten (10) days to comply. Texas is one of the few states without any kind of child restraint law. Council had been asked by the Baytown Citizens Safety Council through resolution of that group to adopt an ordinance barring open alcoholic beverage containers in moving vehicles within the City of Baytown. Councilman Philips mentioned that Council had discussed this possibility once before and Council had discussed at that time the difficulties that would be involved with Baytown having a law on the books that was inconsistent with state law. 40628 -3 Minutes of the Regular Meeting - June 28, 1984 The City Attorney mentioned that the city has no authority to adopt such an ordinance. Councilman Fuller stated that he could see the merit in such an ordinance, but felt that the ordinance would be impossible to enforce. Since neither of the two items were listed on the agenda, Council could take no formal action; however, Mr. Lanham suggested that since Council was interested in the child restraint provisions being adopted, that the administration draft a letter for the Mayor's signature expressing Council's support of that measure; Council had no objections. Mayor Cannon suggested tht the item on barring open alcoholic beverage containers be placed on a future agenda in resolution form for consideration by Council since there are differences of opinion on the matter. Regulation of solicitation at intersections for charitable purposes - Several weeks ago Council had mentioned the need for some type of regulation regarding charitable solicitors at intersections. The city clerk checked with surrounding cities and most do not regulate charitable solicitors. Houston issues a special permit for the sale of flowers, but only from sidewalks. Every other transaction, charitable or otherwise, is prohibited on streets and sidewalks of Houston. Beaumont is currently working on an ordinance on solicitations. Council expressed an interest in placing regulations that would weed out those organizations that were not truly charitable. However, the city attorney explained that the area of charitable solicitation is very difficult to regulate and that if Council is interested in placing more stringent regulations in that area, he would need to do a considerable amount of research. Council determined that the problem was not severe enough to warrant the burden that it would take to place stringent controls. Presently, the city does require that charitable solicitors file a statement with the city clerk. 9 -1 -1 - The 9 -1 -1 Board would like to hold meetings at various places within the 9 -1 -1 district. The board meets on the first Thursday each month at 10:00 a.m. Council had no objection to the 9 -1 -1 Board holding a meeting in Baytown. Councilman Fuller stated that he had attended a three - day national conference on 9 -1 -1, and it is amazing how many large cities are now in the process of installing 9 -1 -1 systems. New Orleans is five weeks into its 9 -1 -1 system, and it has been highly successful thus far. Rollingbrook Drive (West of Garth Road) - This project is 95% complete. All of the concrete pavement has been poured. Rollingbrook Drive (East of Garth Road) - Both lanes for this improvement were poured today. 40628 -4 Minutes of the Regular Meeting - June 28, 1984 Sliplining - The work is complete on Colby, Pamela, and East Republic and the contractor is working on Sunset. Bayway /Baker Road Drainage Ditch - This project is 96% complete. Beech /Oakwood Community Development Project - The contractor has installed both lanes on Beech and Oakwood Streets. The driveways and sidewalks are now being installed. Gulf /Humble Community Development Project - Entex has relocated its gas mains, and Exxon is to adjust its lines beginning July 2. 1984 Street Improvement Project - The staff has held a pre- construction conference with the contractor on the 1984 Street Improvement Program, and the work order has been issued effective July 2. Drainage - A project is underway on Danubina, and the work is 45% complete. Water consumption - Residents of Baytown are using a great amount of water. Usage has exceeded 10,000,000 gallons a day for several days, and one day usage was almost 11,000,000 gallons. Questions and Comments from Council Letter of authority from Sizzler - The administration has contacted the individual who can provide a letter author- izing the city to police the vacant lot behind the old Sizzler Restaurant. Sam's Place Del Norte - One of the applicants has in- dicated that the alcohoic beverage application for Sam's Place Del Norte has been withdrawn. Spillage from vehicles - Councilman Simmons requested that the administration make an effort to collect from the companies responsible for spillage on the city streets which results in expense to the city to have city crews clean up and the police department to secure the area. Performance bonds - Councilman Simmons mentioned the recent forgery of a performance bond and asked that the city attorney pay particular attention to bonds provided the City of Baytown. Receive Annual Parks and Recreation Advisory Board Report Council had been furnished with a copy of the Annual Parks and Recreation Advisory Board Report. Wayne Gray, Chairman of the board was present to answer any questions of Council. He introduced the board members and mentioned that the death of Mr. Ike Hall was a tremendous loss to the community. He indicated that the board is very proud of the quality of the parks and recreation program in the City of Baytown which is a direct reflection on the quality parks and recreation director and staff. 40628 -5 Minutes of the Regular Meeting - June 28, 1984 Councilman Philips expressed his appreciation to the board and stated that he looked forward to the day the City of Baytown might have an Ike Hall Park. Mayor Cannon commended the board on behalf of himself and Council, as well as the staff and community for a job well done. Discuss Proposed Fire District for Area North of Bavtown The city attorney explained that Article 235la -6 of the Texas statutes provides for the creation of rural fire pre- vention districts. It provides that citizens of an area through a petition process can draw up boundaries of a proposed rural fire prevention district, and after notice, present it to the county commissioners court for approval. If it appears upon hearing by the court that the organization of a district, as prayed for, is feasible and practicable, would benefit the land included therein, and would be con- clusive to the public safety, welfare and convenience and aid in the conservation of the real property or natural resources within the district, the court will find and grant the petition and fix the boundaries thereof. Otherwise, they will deny the petition. Once the district is created, it is considered a political subdivision of the state and has the powers of other subdivisions, including contracting with a city. One provision of the statute is that no fire district may be created from an incorporated city, nor may the district's boundaries include part or all of a municipality unless the voters of the municipality approve it. If a city such as Baytown annexes an area in a rural fire district, the district must immediately disannex that area and no longer provide services. The district may sell bonds to provide for its needs and may assess a tax up to $ .03 per one hundred dollars valuation. Mr. Lanham stated that he had been told that the county fire marshal's office has divided the county into districts and assigned responsibilities to municipalities and volunteer departments to serve areas outside cities. Baytown is responsible for the area to the north up to Interstate 10. Presently, the Highlands Fire Department services the area north of Interstate 10 and is supported by the residents paying $2.00 on their water bill. The current budget for the Highlands Department is $60,000 a year. There are two stations, five fire trucks and two ambulances in the depart- ment. The maximum tax rate that can be levied under the act to establish the fire district is $ .03. The estimate is that $ .01 would generate $33,000, but that figure includes all of the Gulf Oil Corporation Cedar Bayou Plant, including the part that is within the city limits. Therefore, the district could derive a total of $99,000 yearly. A representative of the Baytown Professional Fire Fighters Association expressed the associations concern over the pro- posed formation of a rural fire prevention tax district. 40628 -6 Minutes of the Regular Meeting - June 28, 1984 The fire fighters asked that the City of Baytown evaluate the formation of the district to determine how it would affect future city taxpayers. Also, the association suggested that Council organize an investigative committee consisting of commercial, industrial and residential property owners from the area of the proposed tax district. The association is concerned about the elected county commissioners approving a petition that includes the Gulf Oil Corporation's Cedar Bayou Plant. A portion of this facility is within the city limits of Baytown. The Cedar Bayou Plant currently provides its own fire protection and contracts with Baytown Ambulance Service for ambulance service. The membership of the association expressed concern of how the proposed district will affect the City of Baytown's annexation process. If the city annexed a portion of the district that provided the greatest tax support to the dis- trict, this would place a great financial burden on the district. The Baytown Professional Fire Fighters Association requested that the Baytown City Council approach the Harris County Commissioners and ask that the proposed election for the establishment of the rural fire prevention district be postponed to allow time for the city to study the effects of such a district on the high evaluated property outside the city limits, and whether it would be more feasible for the city to operate a separate fire prevention district to provide protection to those areas. In response to inquiry from Council, the city attorney explained that the process entails that the citizens of the area petition commissioners court for approval to form a rural fire prevention district. Once the court approves formation of the district, then the court must call an election to confirm the creation and approve levying a tax to support the district. The court could approve the creation of the district and then have the voters defeat the proposal. The city attorney felt that the Council should express its views as to the creation of the district when it is being heard by commissioners court. After the district is formed, the city may contract with the district to provide the service, but the city would have no authority to require that the district contract with the city for that service. Mayor Cannon, after some discussion of Council, stated that he would encourage the people who reside in the area where the district is to be formed to get involved and find out where the service is to come from. Council concurred that at this point in time, Baytown should not become involved in the process of establishing the rural fire prevention district save for the Gulf Oil issue which is the next item on the agenda. Mr. Lanham added that he had received a call from Hugh Wood, and Mr. Wood is opposed to the formation of the district. 40628 -7 Minutes of the Regular Meeting - June 28, 1984 Consider Proposed Resolution No. 881, Expressing Support of Gulf Oil Corporation's Request for Exemption from Fire District L. A. Lucchesi, representative of Gulf Oil Products Company and manager of the Gulf Cedar Bayou Plant, appeared before Council to request Council's support of Resolution No. 881. A copy of Mr. Lucchesi's presentation is attached to the minutes as Attachment "A." Councilman Philips moved to adopt the proposed resolution and to forward a cover letter signed by Mayor Cannon indicating that in addition, the City Council feels so strongly about the resolution that if Gulf Oil Corporation's Cedar Bayou Plant is to be included as part of Rural Fire Prevention District No. 14, the City of Baytown would oppose its formation. The resolution and letter are to be forwarded to Commissioners Court to be included as part of the hearing to be held on July 10 at 1:30 p.m.; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Fuller and Dickens Mayor Cannon Nays: None Abstained: Councilman Simmons RESOLUTION NO. 881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN URGING THE COMMISSIONERS COURT OF HARRIS COUNTY TO DELETE THE GULF OIL PRODUCTS COMPANY PLANT FROM THE PROPOSED RURAL FIRE PROTECTION DISTRICT NO. 14. Frank Angel Will Appear Frank Angel, owner of Galley by the Bay and Bayland Marina, appeared to request a variance to the building code which provides for the construction of a ramp to provide access for the handicapped. Council had a lenghty discussion regarding various possibilities that would allow Mr. Angel to comply with the handicapped regulations, but would be in violation of the flood hazard regulations. Councilman Simmons moved to grant the variance to the handicapped provisions due to the unusual situation; Council- man Dickens seconded the motion. The city attorney explained that he had a problem with any variance to the handicapped provisions since federal regulations prohibit discrimination against the handicapped. A variance to Mr. Angel would not only put Council in a questionable situation, but Mr. Angel as well. The city manager suggested that Council might want to have an item put on the next agenda to allow the city attorney time to research the matter more fully. 40628 -8 Minutes of the Regular Meeting - June 28, 1984 Councilman Philips moved to table the item. The motion died for lack of second. Councilman Simmons stated that he would withdraw the motion if Council would schedule a special meeting to consider this matter on Monday. The city attorney had reminded Council that the item on the agenda would not allow any action to be taken at this meeting. Council scheduled a special meeting for Monday, July 2 at 5:00 p.m. Councilman Simmons withdrew the motion. Roxanne Gillum Will Appear Prior to Ms. Gillum's appearance, Randy Strong, City Attorney, advised everyone in attendance that since a lawsuit was pending against the City of Baytown to which Ms. Gillum is a party, City Council would make no comments concerning Brownwood. Ms. Gillum stated her opposition to the proposed removal of the police guard at the entrance to Brownwood on July 2. The city attorney advised Ms. Gillum that the former residents of Brownwood had been given ample time to remove anything of value from the area. The police department will patrol this area just as they do other areas of the city. Ms. Gillum was curious when the city would be working on clearing debris from the area. Mr. Lanham responded that the staff would be meeting with FEMA in the next few days to work out details of cleanup. The city attorney also cautioned Ms. Gillum that the ordinance declaring Brownwood a hazard area does prohibit occupancy. Jean Shepherd Recognized Jean Shepherd, 6202 Bayway Drive, President of the Brownwood Civic Association, requested that the police department request identification of those in the area when patrolling. The chief of police said that the officers would ask for identification of any suspicious individuals. He also requested that the owners of property in that area be patient with the police department if identification is requested of them. Ms. Shepherd inquired if perhaps signs could be posted at the entrance to the subdivision which would state, "Enter Area at Your Own Risk." She asked if perhaps this might help both the city and the owners of property in the area with liability. The city attorney will look into that question. Ms. Shepherd also mentioned that there is a large hole in .. the middle of Mapleton. Recess Mayor Cannon called a ten- minutes recess. When the open meeting reconvened, the following business was transacted: 40628 -9 Minutes of the Regular Meeting - June 28, 1984 Consider Proposed Ordinance, Setting Time and Place for Public Hearings on Proposed Annexation of Cedar Trace Apartment Complex and /or Adjacent Property Due to an error in the field notes, it is necessary to reschedule the public hearings on annexation of Cedar Trace Apartment Complex and /or adjacent property. The administration recommended adoption of the ordinance. Councilman Dickens moved for adoption of the ordinance scheduling hearings for 7:00 and 7:15 p.m. on July 12 in the Council Chamber. Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3887 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR THE PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CEDAR TRACE APARTMENT COMPLEX AND ADJOINING PROPERTY; DIRECTING THE PREPARATION OF A SERVICE PLAN; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Regulating Visual Obstructions at Corners The proposed ordinance provides that an owner or occupant of any premise commits an offense if he intentionally or knowingly builds, constructs, places, keeps, allows, permits or maintains any object, structure, building, tree, plant, vegetation or fence so as to obstruct or interfere with the view of a driver of a motor vehicle at the point of approaching, merging, emerging or intersecting traffic from any street or driveway with another street, or so as to prevent any traveler on any street or driveway from obtaining a clear view of approaching vehicles for a distance of 250 feet along the street. Buildings presently in existence are grandfathered under the provisions of the ordinance; however, shrubbery, fences or temporary structures are not. The administration recommended approval of the ordinance. Councilman Philips moved for adoption of the ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Fuller and Dickens Mayor Cannon Nays: None 40628 -10 Minutes of the Regular Meeting - June 28, 1984 ORDINANCE NO. 3888 AN ORDINANCE AMENDING CHAPTER 171 "MISCELLANEOUS PROVISIONS AND OFFENSES," TO PROHIBIT BLOCKING THE VIEW OF VEHICULAR TRAFFIC; REPEALING INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY OF $200.00 FOR EACH OFFENSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Amending Kennel Regulations In accordance with Council instructions at the last Council meeting, the legal staff has drafted an ordinance to make it an affirmative defense to the prosecution of any violation of any requirement or regulation of the kennel ordinance if: 1. all dogs kept or maintained at a kennel are owned by the person owning such kennel and have been owned continuously by the kennel owner since a date prior to January 12, 1984, and 2. the kennel owner resides at the location of the kennel and has continuously resided at such location since a date prior to January 12, 1984, and 3. none of the animals are being kept for purposes of sale to another party. The administration recommended approval of the ordinance. Councilman Dickens moved for adoption of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3889 AN ORDINANCE AMEENDING CHAPTER 5, "ANIMALS," TO PROVIDE FOR AN AFFIRMATIVE DEFENSE TO THE REQUIREMENTS FOR A KENNEL LICENSE; REPEALING INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance,%'Accepting Dedication of Property from M. C. (Buddy) Bray The proposed ordinance will accept the dedication of property from M. C. (Buddy) Bray. This is a five -acre tract located on Goose Creek Stream between Park Street and Decker Drive. Access to the property is provided in separate in- strument because at one time the land was owned by one in- dividual, but when part of the tract changed hands, there was an agreement that access would be provided. It is up to the owner of the other parcel, where that right of way will be granted. 40628 -11 Minutes of the Regular Meeting - June 28, 1984 The Parks and Recreation Board has reviewed the proposed dedication and recommends acceptance. The board has a policy of obtaining park land along Goose Creek whenever the opportunity avails itself. The administration recommended approval of the ordinance. Councilman Fuller moved to adopt the ordinance; Council- man Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, ACCEPTING THE DEDICATION OF PROPERTY BY M. C. BRAY; DIRECTING THE CITY CLERK TO FILE DEDICATION WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Suspending HL &P Rates and Providing for Interim Rates Houston Lighting and Power Company filed for a rate in- crease on June 15, 1984. According to Public Utilities Commission Regulatory Act, the city has 90 days to take action or with no action, the rates become effective July 20. The proposed ordinance will suspend the rates for the 90 days and during that period the legal staff will have an opportunity to look at the rate ordinance and come back to Council to determine if Council desires to hold a hearing. The company states that they have a $288,000,000 revenue deficiency which would result in a 7.4% increase if that much is granted. In the proposal, the summer /winter deferential will be eliminated. This same rate filing package has been filed with the Public Utilities Commission; however, the filing with Baytown will only effect rates in Baytown. For areas outside municipalities, the PUC has original jurisdiction and will hold a rate hearing on the same issues for the customers outside the municipalities. One of the changes this year is that the commission has a longer period to act on their case, than cities do on theirs. Therefore, it is conceivable that the city will have made a decision before the commission holds a hearing. For this reason, the city attorney felt that the city could not afford to wait until after the commission acts to see what they recommend. The city attorney stated further that unless Council wants to allow the proposed rates to take effect, then it is necessary to adopt the ordinance suspending the rates. Councilman Philips pointed out that the 7.4% increase is based on a one and one -half year period or about 5% per annum. At this level, this is not out of line or exorbitant. Council would have to go into a very in depth study to determine if the increase should be 7.1% or 7.4 %. 40628 -12 Minutes of the Regular Meeting - June 28, 1984 Councilman Dickens stated that he did not-know-if 5% annualize would be enough increase to go into a rat hearing. Councilman Philips added that the city doesn't have the resources to hold a hearing. Mr. Lanham reiterated that the question of whether a hearing is to be held can be determined at a later time; however, in order to be able to make that determination, it is necessary that the ordinance suspending the rates and adopting interim rates be adopted or the proposed rates will become effective on July 20. Councilman Simmons moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, and Fuller Mayor Cannon Nays: Councilman Dickens ORDINANCE NO. 3891 AN ORDINANCE SUSPENDING HOUSTON LIGHTING & POWER COMPANY'S PROPOSED INCREASE IN RATES FOR 90 DAYS AND MAKING CERTAIN FINDINGS AND PROVISIONS. Councilman Philips urged the administration to report back to Council in advance of the 90 day deadline. In the past the City has suspended the rates and parti- cipated in the rural rate case before the PUC where as a practical matter the decision on the requested rate increase has been made. With this in mind, the city attorney's plan is to intervene in the rural rate case before the PUC. The process in the past has been that the City of Baytown has worked with the City of Houston and other cities to hire rate experts to present testimony. Two years ago, the City of Houston had established its own staff to handle rate cases, and the City of Baytown used Houston's staff. The city attorney has had some talks with the city attorney's office for the City of Houston, and it appears that they will be handling this case in the same fashion. Unless the City of Baytown wants to go to the expense of hiring its own rate experts, all Baytown can do, if we want to participate, is rely on the City of Houston's expertise. The city attorney will come back to City Council at a later date to give Council more specific advise on how Council may want to proceed with the request for rate increase. In the meantime, he requested that Council be thinking about how active Baytown should be in the rate case this year. Another change from last year is that there is now a state attorney under the Attorney General assigned to represent the customers in these rate cases. The city attorney will report back to Council. 40628 -13 Minutes of the Regular Meeting - June 28, 1984 Consider Proposed Resolution No. 882, Authorizing the Administration to Apply for Funds Under Emergency Veteran's Job Training Act of 1983 -- Public Law 98 -77 The Emergency Veteran's Job Training Act of 1983 -- Public Law 98 -77 establishes a program through which Viet Nam and Korean veterans may receive meaningful job training. The training should be in technical occupations where there is a demand for workers. The city must certify its intention to hire the veteran upon completion of the training given and an available position. The training may be from six but no more than fifteen months. The veterans administration will reimburse the city fifty (50 %) of the trainees base salary up to a maximum of $10,000. This type of training program would be applicable to many of the city's job classifications. The administration recommended approval of the resolution. Councilman Philips moved for adoption of the resolution; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Fuller and Dickens Mayor Cannon Nays: None RESOLUTION NO. 882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE PERSONNEL DIRECTOR TO MAKE APPLICATION FOR PARTICIPATION IN THE VETERAN'S JOB TRAINING PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Request of Developers of Forest Bend Subdivision to Connect to Water and Sewer Service at the South End of Timber Ridge Subdivision Forest Bend Subdivision is to be located south of Lynchburg Cedar Bayou Road, north of Massey Tompkins and south of Timber Ridge Subdivision. The City of Baytown pro- vides water and sewer service to Timber Ridge Subdivision. The proposed subdivision will contain ten lots located on five acres. There is adequate capacity in the sewer lines of Timber Ridge Subdivision, as well as in the well that serves the subdivision to serve the ten lots. Subdividers have said that they will comply with the City of Baytown's subdivision regulations that are applicable within the city's Extra - territorial Jurisdiction. That includes curbed and guttered streets. The administration recommended approval of the request. Councilman Dickens moved to grant the request of the developers of Forest Bend Subdivision to connect to water and sewer service at the south end of Timber Ridge Subdivision. Councilman Philips seconded the motion. 40628 -14 Minutes of the Regular Meeting - June 28, 1984 The city engineer verified that the two inch sewer line would be sufficient to handle the extra five acres since there is a small lift station in the area, and the city engineer will approve the plans prior to installation. The city will collect from each property owner the rate charged to customers outside the city limits. The developers will pay $5,000 capital buy -in charges. The administration feels that in the future the water well for that area can be eliminated since this is the only well that the city is operating on a full time basis. The vote follows: Ayes: Council members Philips, Simmons, Fuller and Dickens Mayor Cannon Nays: None Consent Agenda One item was bid after the agenda packets were forwarded, Item g, and tabulation for that bid opening was placed at each Council place. Only one bid was received for special testing equipment that is necessary because of new state regulations. Fischer Scientific bid $5,108. In response to an inquiry from Council, pictures of community development rehabilation projects will be made available to Council at the next regular meeting. Also, the home on Kingsway is owned by a widow who is unable to work. The home and its owner do qualify for assistance under the program. Concerning Item h, Pacer Development Corporation is requesting water and sewer service to a mobile home in order to establish residency requirements to hold an election to sell bonds for the district. Councilman Philips commented that the plastic water meter boxes are failing. Council considered the Consent Agenda as follows: a. Proposed ordinance No. 40628 -6, will award the housing rehabilitation contract for project #83- 04-24 EJB (Emergency Jobs Bill) at 3903 Kingsway. Five bids were received on this project. The low bid of $3,100 was submitted by Uranus Palton. Since Mr. Palton was the low bidder on all three projects bid, at this time he selected the other two projects. As you recall our rules specify that a contractor receive only two projects per bid opening. Therefore, we recommend the second low bidder, John Kidd be awarded this contract in the sum of $3,450. This rehabilitation contract has been reviewed by the Community Development Advisory Committee and meets with their approval. We recommend the second low bidder, John Kidd, be awarded this contract. 40628 -15 Minutes of the Regular Meeting - June 28, 1984 b. Proposed Ordinance No. 40628 -7, will award the housing rehabilitation contract for project #83- 04-25 EJB at 3040 Illinois. Five bids were received. Uranus Palton submitted the low bid of $8,175.50. This project has been reviewed by the Community Development Advisory Committee and meets with their approval. We recommend this contract be awarded to the low bidder, Uranus Palton. c. Proposed Ordinance No. 40628 -8, will award the housing rehabilitation contract for project 83 -03- 26 EJB at 1300 Elm. Five bids were received. Uranus Palton submitted the low bid of $11,790. The Community Development Advisory Committee has reviewed this contract and is in agreement. We recommend approval of Proposed Ordinance No. 40628 -8. d. Proposed Ordinance No. 40628 -9, will authorize final payment for the Community Development Block Grant Street and Drainage Improvements to Oakwood Street. The contractor, Angel Brothers Enter- prises, has completed the street, drainage, water improvements to Oakwood Street from Cypress to Airhart. These improvements have been inspected by the Engineering Dept. and are in accordance with the plans and specifications. The original contract amount was $59,354.25. One change order was executed bringing the adjusted contract to $57,779.25. The work performed to date comes to $54,078.41 thus having an underrun of $3,700.84. Angel Brothers Enterprises, Inc. has been paid $45,079.57, leaving a balance due of $8,998.84. We recommend that final payment be made to Angel Brothers Enterprises, in the amount of $8,998.84. e. Proposed Ordinance No. 40628 -10, will award the bid for the annual meter box contract. Bids were mailed to 8 vendors and 3 bids were received. Golden Triangle submitted the low bid of $11,196.29. We recommend the low bidder, Golden Triangle, be awarded this contract. f. Proposed Ordinance No. 40628 -11, will award the bid for the purchase of a tractor. Bids were mailed to 4 vendors and 3 proposals were received. Baytown Air Cooled Engine submitted the low bid of $2,962. Council has budgeted $4,300 for this purchase. We recommend the low bidder, Baytown Air Cooled Engine Co. be awarded this contract. 40628 -16 Minutes of the Regular Meeting - June 28, 1984 g. Proposed Ordinance No. 40628 -12, will award the bid for testing equipment at the wastewater treatment plant. These bids are due to be received on Wednesday, June 27, 1984. We will have a recommendation at the Council meeting. h. Council is asked to consider a Development Corp. for water and a mobile home west of Garth Roa Jacinto Mall. This mobile home municipal utility district that Pacer Development. Water and s available in this area. request of Pacer sewer service for d and south of San is located in the is being formed by ewer service is We recommend approval of this request. Councilman Fuller moved for adoption of the Consent Agenda, Items a through h; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3892 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -04 -24 TO JOHN KIDD FOR THE SUM OF THREE THOUSAND FOUR HUNDRED FIFTY AND N01100 ($3,450.00) DOLLARS. (Proposed Ordinance No. 40628 -6) ORDINANCE NO. 3893 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -04 -25 TO URANUS PALTON FOR THE SUM OF EIGHT THOUSAND ONE HUNDRED SEVENTY FIVE AND 50/100 ($8,175.50) DOLLARS. (Proposed Ordinance No. 40628 -7) ORDINANCE NO. 3894 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -03 -26 TO URANUS PALTON FOR THE SUM OF ELEVEN THOUSAND SEVEN HUNDRED NINETY AND N01100 ($11,790.00) DOLLARS. (Proposed Ordinance No. 40628 -8) ORDINANCE NO. 3895 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO ANGEL BROTHERS INC. FOR THE STREET, DRAINAGE AND WATER IMPROVEMENTS TO OAKWOOD STREET; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 40628 -9) 40628 -17 Minutes of the Regular Meeting - June 28, 1984 ORDINANCE NO. 3896 AN ORDINANCE ACCEPTING THE BID OF GOLDEN TRIANGLE FOR THE ANNUAL METER BOX CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ELEVEN THOUSAND ONE HUNDRED NINETY SIX AND 29/100 ($11,196.29) DOLLARS. (Proposed Ordinance No. 40628 -10) ORDINANCE NO. 3897 AN ORDINANCE ACCEPTING THE BID OF BAYTOWN AIR COOLED ENGINE FOR THE PURCHASE OF A TRACTOR AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND NINE HUNDRED SIXTY TWO ($2,962.00) DOLLARS. (Proposed Ordinance No. 40628 -11) ORDINANCE NO. 3898 AN ORDINANCE ACCEPTING THE BID OF FISHER SCIENTIFIC FOR THE PURCHASE OF A TECATOR DIGESTION SYSTEM AND DISTILLATION UNIT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FIVE THOUSAND ONE HUNDRED FIVE AND N01100 ($5,105.00) DOLLARS. (Proposed Ordinance No. 40628 -12) For tabulation, see Attachments "B" through "E." Consider Appointments to Baytown Cultural Arts Council Council will make these appointments at a future meeting. Consider Appointment to Baytown Parks and Recreation Advisory Board Mayor Cannon requested confirmation of the appointment of Doug Shipley to the Baytown Parks and Recreation Advisory Board to replace Quin McWhirter. Councilman Philips moved to confirm the Mayor's appoint- ment of Mr. Shipley; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Fuller and Dickens Mayor Cannon Nays: None 40628 -18 Minutes of the Regular Meeting - June 28, 1984 Consider Appointments to Mechanical Board Councilman Philips moved to reappoint J. W. Ainsworth, Licensed Air Conditioning Contractor; Elliott Dean, Registered Professional Engineer and Jerome C. Simone, Citizens not in the building business to the Baytown Mechanical Board; Council- man Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Fuller and Dickens Mayor Cannon Nays: None N Consider Proposed Resolution No. 883, Appointing Alternate to Serve as Representative to the Board of Directors and General Assembly of the Houston - Galveston Area Council for 1984 Councilman Fuller moved to adopt Resolution No. 883, appointing Councilman Philips as the alternate to serve as representative to the Board of Directors and General Assembly of the Houston - Galveston Area Council for 1984; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Simmons, Fuller and Dickens Mayor Cannon Nays: None Abstained: Councilman Philips RESOLUTION NO. 883 A REPRESENTATIVE APPOINTING FRED T. PHILIPS AS ALTERNATE REPRESENTATIVE OF THE CITY OF BAYTOWN TO THE BOARD OF DIRECTORS AND THE GENERAL ASSEMBLY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 1984. Recess into Executive Session to' Discuss Pending Litigation Mayor Cannon recessed the open meeting into executive session to discuss pending litigation. When the open meeting reconvened, the Mayor announced that there would be no business to be transacted as a result of the executive session. Adjourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk. (p Attachment "A" U. S. OPERATIONS F4 CEOAQ OArOV PLAN' L. A. L0CChtli /L. Mt Mr. Fritz Lanham City Manager City of Baytown P. 0. Box 242 Baytown, TX 77520 Dear Fritz: June 19, 1984 P. O. Boa 509 BaytOwn. TX 77520 You asked for information on the scope of our fire protection capability at Gulf's Cedar Bayou Plant, and for our views on the proposed establishment • of Rural Fire Protection-District No. 14. We learned only recently that the Highlands Volunteer Fire Department on January 23, 1984 petitioned the Harris County Commissioners Court for creation of such a district. Its boundaries, as shown on the attached map, would include the Cedar Bayou Plant. Except for any possible adverse effect its creation might have on the City of Baytown, with which Gulf's Cedar Bayou Plant has had a most amiable close - neighbor relationship for more than two decades, Gulf has no objection to creation of the proposed rural fire protection district per se. However, Gulf is adamantly opposed to inclusion of the Cedar Bayou Plant in the proposed district's boundary. While such an inclusion would impose a significant tax burden on the plant (up to three cents per $100 property valuation), it would provide no.meaningful fire protection for the plant nor its employees. Our present fire protection capabilities at the Cedar Bayou Plant and mutual aid arrangements with other fire protection entities are as follows: - Gulf maintains a 40- member resident fire brigade at the plant, with 10 members on shift duty at all times. All have advanced firefighting training, as do 46 shift supervisors at the plant. .In addition, all plant employees are thoroughly indoctrinated in the principles of fire prevention and suppression, and all periodically undergo classroom instruction and field training which covers every phase of industrial firefighting. - Gulf "spends between $600,000 and $700,000 annually for operating and maintaining its extensive firefighting systems at Cedar Bayou .and for continuing fire prevention training of employees. - The Cedar Bayou Plant's fixed and mobile firefighting equipment has an aggregate replacement value of approximately $5,000,000. The Cedar Bayou Plant is a member of two mutual aid groups, the Channel Industries Mutual Aid (CIMA) and Mutual Aid of Mont Belvieu (MAMB). CIMA- -which includes industries, cooperating governmental agencies such as the U.S. Coast Guard and Civil Defense, and various municipal fire departments in the vicinity of the Houston Ship Channel - -is the largest such mutual aid group in the United Gulf A 04V*S$0. OF GULF O.L C00604A740� Mr. Fritz Lanham, City of Baytown Page 2 City Manager States. Its membership is connected by an emergency radio network, and mobile equipment worth about $10,000,000 is available for re- sponse to emergency situations at any member's facility. - Despite all the foregoing, I am happy to report that the Cedar Bayou Plant in its 21 -year history has never utilized outside assistance in a fire situation. In fact, during that time, only two fires of any significance have occurred at the plant. Both were-extinguished by Cedar Bayou Plant personnel using plant equipment. .Finally, volunteer firefighters from Highlands and their equipment could not effectively respond to any fire at the Cedar Bayou Plant whose magnitude and character might dictate that specialized outside assistance be called in. Even if the Highlands Fire Department did respond, its members would be at personal peril because of their limited familiarity with fighting industrial fires at a petrochemicals plant. They were ineffective, for example, when a multi - million dollar fire destroyed the Hi -Port Industries plant in Highlands last December. The Highlands Star reported at the time that "Because of the size of the blaze and the danger from explosion of volatile chemicals stored there, firemen were unable to do more than control the blaze ". It is apparent that a rural fire protection district operating out of High- lands could provide no protection to the Cedar Bayou Plant, and that any tax imposed on the plant to support the district would be unwarranted, if not outright unjust. The Cedar Bayou Plant pays in excess of $8,000,000 in city, county and school district taxes annually, including $997,000 it paid to the City of Baytown in 1983 in property taxes and contract payments in lieu of taxes. When our agreement with the City of Baytown was executed, it was recognized that Baytown would not be able to furnish adequate fire protection to the Cedar Bayou Plant without incurring substantial capital expenditures and annual operating costs to meet the Plant's special fire protection needs. If the Plant is incorporated in the rural fire protection district, some restructuring of our agreement with the City of Baytown may become necessary. The proposed extension of the Plant into yet another taxing authority raises serious concern as to the effect such multiplicity of taxes can have on the economic viability of the facility. I hope this information is helpful to you. Please contact me if I can pro- vide more data. S' cere yours, L4L L. A. Lucchesi LAL:deh Attachment L E: community ueveiopment ' --- BID TABULATION D: q34 Attachment "B" TE. 6/12/84---- V11V00 I V IHL LESS DISC. NET IOTA L nFI IVFRY QTY DESCRIPTION quo f XUENUEL UNIT XTENDED UNIT EXTENDED UNIT -ENTER—DO- UNIT Xf' NID -PRICE PRICE ---PR1r,[ PRICE PRICE PRICE „PRICE dousing Rehabilitation Project 883 -04 -24 3,450.00 4,030.00 $3,100.00 4,500.00 5,150.00 3903 Kingsway Housing Rehabilitation Project 10,205.00 883 -04 -25 9,925.00 11;770.00 8,175.00 3404 Illinois Housing Rehabilitation Project ,883 -03 -26 25,290.00 110790.00 18,215.00 1300 Elm V11V00 I V IHL LESS DISC. NET IOTA L nFI IVFRY v I • • ..1 • -. i •% • • -I ITT r f � ' ` ' ' +~ --- r • M to"n"al a,o.n ► far tar+ N sm""w w I 1 `� ..-- �� _ �1 1 • r M IMMS aN aw w• ha•n a•e••t to M w i ' a 1 -` '~ ���� ,, t rr•rrt ^• _ ..� r @WWI. Mal "0 ""M% waft" w •M• ar. • � � 1 ' � , r1 r ' • _ �•~ IMf hay Wa ea aaNatt� r CALL• f ill -m-!ON i•� j MLRAJ • �•� • N• "a I•M1•ta MMtI '.�•• 1 bt••Aa tAl•f ♦ aaa tr. W&A arm f•• • a anal ...r I la /f R1'.•ta +_.,.� `♦ / r �. •.;: s, w•. 0-4 1 /'t. -rte �'t.1 •r ` -. • � , � • I • I 1 � i .. - • ' � � . I I �� , •`�• • ,• ~rs.w 1• 1 ♦ � ` v I .�- of i• At ... - _. -. .. «. ~ _ _ I I • It to* "MI, w • t • / • .7�^ l ' • r • OIL T I TL E. ANNUAL METER BOX CONTRACT B10: #8405-68 DATE= 6-12 -84 2:00 P.M. ITEM QTY UNIT DESCRIPTION ANNUAL METER BOX CO er specifications. CONCRETE COMPLETE 2 PLASTIC - COMPLETE EKY: Y POINT: CITY OF BAYTOWN BID TABULATION PACE 2 BROOKS PRODUCTS, INC. FORD METER BOX CO., INC. TYLER UTILITIES DIVISION UTILITY SUPPLY CO. UNIT EXTENDED UNIT EERVFEN�DElili UNIT. EXTENDED UNIT EXTENDED rc PRIEF PRIrc NO RESPONSE NO RESPONSE NO RESPONSE NO RESPONSE � e GROSS TOTAL LESS D:S000NT I H=T TOTAL TERMS DELIVERY 0 C; W 0 n o L z v � o Lp W 4 J Z la J 3 W W 1= U N aj . O CL O c <a O IL L M N %D N d L W CL h 0 I at J d t-- � J 0 n o ?' a N v wwr�W Lp JzF- a J O N co �C CL O O L V1 N %D N d L W W z Z a JE ? z W c 0 O W O dQ J O L^ n; c� N M W = W LL �D im W N N N O W J N r- L 'O to a G7 Q Q O .i R r• M ..■ ~ C 0 F- V W x 4 E !� a °j u . a in c. L Z W Z X O a J W � d Q.. W u V J D L • � � � w '� � FO- i c N W v cc zN W Q in N V � Z L tr O J X O co d LU LLJ S J i c0 Q � � O N •2 S a } f- Or J .. W ED 0 I at J d t-- � J 0 n o ?' a N wwr�W Lp JzF- a TITLE. TEC ATOR DIGESTION SSYTEM &DISTILLATION UNIT BID: 84nr, 71 DATE: JUNE 28, 1984 2:00 P.M. ITEM QTY UNIT DESCRIPTION TECATOR DIGESTION SYSTEM.& DISTILLATION UNIT, per e� 1 GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS DELIVERY CITY OF BAYTOWN BID TABULATION FISHER SCIENTIFIC CURTIN MATHESON UNIT. EXTENDED UNIT EXTEN 15.105.00 �_ NO-BID Attachment "E" VWR SCIENTIFIC AMERICAN SCIENTIFIC UNIT EXTENOED UNIT EXTEI PRI INO RESPONSE~ NO BIE CITY OF BAYTOWN TITLE. TRACTOR BID TABULATION Attachment "D" BID: 8405 -67 - DATE: June 12 1984 2:00 P.M. ' A ONAL W R p G ExTENOED uHrt EXTENDED 22.28 S2,962.00 $2 962.00 CASE POWER UNIT 2 .00 EQUIP. EXTENDED 29.00, CROSBY POWER EQUIP. UNI ExTEN NO RESPONSE DESCRIPTION TRACTOR per s ecifications. JIM A UNIT. 22.28 ITEM 1 QTY 1 UNIT eac WHEELHORSE C865 90 day INGERSOL 226 12 months -MODEL: WARRANTY: iHC 782 12 months DELIVERY: i0 days ARO 30 days ago 30 days-ARO Bids were mailed to 4 vendors. GROSS TOTAL LESS DISCOUNT NET TOTAL TER, ? DELI RY