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1984 09 13 CC Minutes40913 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 13, 1984 The City Council of the City of Baytown, Texas, met in regular session on Thursday, September 13, 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 Ron Embry Roy L. Fuller Gerald Dickens Allen Cannon Fritz Lanham Larry Patterson Ron McLemore Eileen P. Hall Councilman Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Manager Assistant City Attorney City Clerk The meeting was called to order with a quorum present. The invocation was offered by Councilman Embry, afterwhich the following business was transacted: Consider Minutes for Regular Meeting Held August 23, 1984, the Special Meeting Held August 30, and Executive Sessions Held August 23 and 30, 1984 Philips moved for approval of the minutes for the regular meeting held August 23, 1984, the special meeting held August 30, and executive sessions held August 23 and 30, 1984; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Embry and Fuller Mayor Cannon Nays: None Philips, Johnson, Simmons, Abstained: Councilman Dickens Receive Petitions There were no petitions presented. City Manager's Report ` At a recent Council meeting, Council received a petition from a large number of citizens who reside in the vicinity of North Commerce, West Hunnicutt and West Adoue regarding problems in their neighborhood with regard to traffic and commercial activities in the area. At that time the admin- indicated that a report would be prepared and presented to Council. 40913 -2 Minutes of the Regular Meeting - September 13, 1984 Larry Patterson, Assistant City Manager, reported that the management of Tisdale's was very cooperative in working to correct problems, but many of the problems in this area result because of the close proximity of commercial enterprises with residential areas. Many of the problems will have to be addressed on an individual basis as they occur. The business operating in the area does require some painting activity. It is a side operation. Air filter system has been installed, and according to the air quality control people that system is adequate, but it should be operated with the doors closed. This may not remove all of the odor from the air which could be noticeable in the area at times. Another complaint consisted of hazardous wastes being dumped into the storm sewers. The Texas Department of Water Resources had people out, along with the City of Baytown's Health Department and Public Works Department to inspect, but there was no evidence to substantiate that complaint. There are containers of waste chemicals on the premises which are industrial wastes, and are regulated by the Texas Depart- ment of Water Resources. Tisdale's was instructed to obtain a permit for the disposal of these wastes. The permit has been applied for and when the permit is acquired, those chemicals will be removed. These materials are of a caustic nature. At initial inspection, there appeared to be machinery stored on city property. That machinery has been moved back from the curb, and the company has indicated that it will be stored further back in the future. The easement will be marked better to assure that this problem will not reoccur. Also, there had been a problem with blockage of a fire plug. The curb has been marked. The business does require that from time to time machinery be hauled in and unloaded. This does not violate any city ordinance. Tisdale's has indicated that they will try to hold these periods to short durations when possible. The parking along Commerce by the employees of Tisdale's violates no city ordinance, nor poses any obstruction to traffic. Complaints dealing with noise, music and night work are of the type that must be dealt with on an individual basis. The procedure for addressing this problem is to call the Police Department so that an officer can -be dispatched to monitor the sounds and to take whatever action is appropriate at that point. In regard to "through trucks" on West Hunnicutt and West Adoue, as long as these trucks are making deliveries, or are in the process of picking up supplies from Tisdale's, there is no violation of city ordinance. In closing, Mr. Patterson stated that he felt that most of the problems have been addressed and corrected. Some problems will have to be addressed as they occur. 40913 -3 Minutes of the Regular Meeting - September 13, 1984 Mr. Christian was present in the audience and verified that the situation had improved tremendously. 1984 Street Improvement Program - For the most part, Eleventh Street, Gertie, North Sixth, West Adoue, Clayton and South Sixth are completed. Construction is underway on West Hunnicutt, Largo, North Pruett, Knowlton and Beaumont. No work has begun on Memorial nor the streets in the Lake- wood /Wooster area. The contractor has indicated that the asphalt crews will be working in September to complete all the streets that are now prepared for surfacing. Widening of Garth at Cedar Bayou Lynchburg - Asphalt 01�1 work and cleanup need to be done. West Gulf /West Humble Community Development Project - Angel Brothers has completed the work on the water line and about 758 of the drainage work. The concrete pavement has been poured on West Gulf except for the cul -de -sac and work has begun on West Humble. North Burnett /Roseland Lift Stations - Work is moving ahead on both lift station projects. The project is about 658 complete and both stations should be in service by October 1. Drainage - Most of the drainage improvements approved by Council for this fiscal year have been completed. The major project that has not been done is the Greenwood area. Right of way is needed there and that will be discussed later in the meeting. Work has been completed on Loop 201 near Mabry. Clayton Street and North Street work has been com- pleted. Councilman Philips commented that whatever work was done in the 201 /Mabry area, there is a bottleneck because there is about one foot of water standing in the ditch. Consider Request of The Brienwolf Corporation to Place Three Planters on City -Owned Property The Brienwolf Corporation, the developer of the Willow - creek Shopping Center, has requested to place three planters in the city right of way in front of the shopping center. Brienwolf Corporation indicates a desire to make the property both safer and more enjoyable. The ditch in front of the center has been filled in and the area seeded with grass to enhance the appearance of the shopping center. Addition of the planters would be another improvement to the appearance of the center. The administration recommended approval of the request conditioned upon two things: (1) Brienwolf Corporation indemnifying the city against all liability or loss incurred o by the city resulting from location of the planters; and (2) Brienwolf Corporation agreeing to remove the planters should they become a hazard or obstruction. 40913 -4 Minutes of the Regular Meeting - September 13, 1984 Councilman Fuller felt that developers should consider controlled parking and esthetics prior to development. He felt that the developer should not expect to develop then begin a program of enhancement and expect to use city property for that purpose. Councilman Johnson stated that he agreed with Council- man Fuller, but under the circumstances he felt that since Council had authorized placement of planters before and since the planters will not take up that much of the city's property, he moved to approve the request of The Brienwolf Corporation with the stipulation that the following conditions of acceptance be met: (1) Brienwolf Corporation indemnifies the city against all liability or loss incurred by the city re- sulting from location of the planters. (2) Brienwolf Corporation agrees to remove the planters should they become a hazard or obstruction. (3) Brienwolf Corporation will be totally responsible for watering of the plants and maintenance. Councilman Philips seconded the motion. Councilman Fuller said that he would support the motion because he felt that this is better than nothing; however, he felt that this may be a precedent setting thing that he would like to discourage. Mr. Lanham pointed out that there is a slight difference in this situation since there is no curb and gutter at this location. Councilman Simmons pointed out that originally the area was open ditch and since the city did get rid of a bad safety hazard, the company wants to beautify the area. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None Hold Public Hearing at 7:00 p.m. on Revenue Sharing Budget for 1984/85 Mayor Cannon called to order the public hearing con- cerning the expenditure of Revenue Sharing Funds for 1984 -85. He informed those present that anyone desiring to speak should sign the register provided in the hallway since that would decide the speaking order. After allowing time for registration, Mayor Cannon explained that the hearing was for the purpose of receiving public input with regard to the proposed 1984 -85 Revenue Sharing Budget. He encouraged each speaker to be brief and mentioned that the proceeding was not one of an adversary nature. He mentioned that questions 40913 -5 Minutes of the Regular Meeting - September 13, 1984 should be directed to him and with the help of staff mem- bers, an attempt would be made to answer each question. Mayor Cannon called on Fritz Lanham, City Manager, to summarize the proposed Revenue Sharing Budget. Mr. Lanham stated that the total amount of expected revenue sharing funds is $712,845; $678,277 from the 1984/85 allocation and $34,568 from unappropriated surplus. The recommendations for expenditure of revenue sharing funds for 1984/85 follow: 1. Baytown's Land Management and Use Plan for the Brownwood Subdivision $481,000 2. Reroofing of the Community Building 60,000 3. Sterling Municipal Library 40,000 4. Senior Citizen's Taxi Program 14,000 5. Economic Development 10,000 6. Cultural Arts Council 3,000 7. Sesquicentennial Commission 11000 8. Financial Administration 2,059 9. Emergency Corps 2,600 10. Baytown Senior Citizens Nutrition Center 27,000 11. Retired Senior Volunteer Program 3,186 12. Baytown Area Women's Center 21,000 13. Bayshore Community Development 16,000 14. Bay Area Heritage Society 16,000 15. Palmer Drug Abuse Program 160000 A copy of the memorandum which fully explains what the proposed budgeted funds will be utilized for is attached to the minutes as Attachment "A." Mr. Lanham concluded that since the administration is not intimately knowlegeable about all of these activities guides that were used in making a decision with regard to contract services included the fact that as much money as possible needed to be available for the Brownwood Land Management and Use Plan and the fact that the organizations making requests for funding probably should operate under the same sort of restraints that the city is having to operate under. In response to an inquiry from Council, Mr. Lanham stated that Bayshore Community Development, Inc. had requested $30,000, but the administration is recommending an allocation of $16,000 which is an increase over the allocation of $15,000 for 1983/84. 40913 -6 Minutes of the Regular Meeting - September 13, 1984 Mayor Cannon began to recognize those who had registered to speak. W. C. Smith, President of Bay Area Heritage Society, thanked Council for the support given in prior years. He stated that the Bay Area Heritage Society sponsors several projects, as well as offering a variety of services to the community. The group's most important project is the Baytown Historical Museum which is housed in the former Exxon Credit Union Building on Market Street. Last year, more than 2,000 registered as visitors at the museum, excluding numerous public school students with their classes, cub scouts, brownies and day care centers. This past summer the heritage society conducted a training program on local history for 50 teachers. Evaluation of this activity by the teachers was extremely high. During the past year, the museum has received requests for help with research on local topics and has assisted over 140 local school children with their projects. The museum opened its doors after hours to assist the students. The museum provides a speaker's bureau and sponsors lecture series and field trips on local topics. Two new projects have been undertaken in connection with the Texas Sesquicentennial. The heritage society working with the local Sesquicentennial Committee has a contract with Dr. Margaret Henson, a professional historian, to write the history of Baytown. The second project is the restoration of the Wooster one room building. The school was built in 1894 near Scotts Bay by our forefathers who wanted a place for their children to attend school. To guide this project, the society has secured the help of Michael Diamond who is a reconstruction architect. Mr. Smith stated that the society is requesting more money than usual in order that the roof at the museum may be replaced and to offset the high utility costs. The museum must be air conditioned continuously to protect the artifacts and books from the humidity of this area. Mr. Smith thanked Council for its attention. Council had no questions;bf'Mr. Smith. Ed Church, representative of the Palmer Drug Abuse Program, introduced a counselor with the program and mentioned that this counselor was carrying an extra burden because the other counselor is out on maternity leave. He emphasized that revenue sharing is a very vital part of the program's continued service at this time. The program has been averaging about 23 young people and 13 parents per week. Also, there has been a steady counseling schedule with 15 young people and 6 parents per week coming in for formal counseling with regard to drugs and alcohol addiction. Normally, there is a drop off in August, but this August there was more than 20% increase in counseling appointments. Starting September 1, a counselor in training will be available until the full time counselor returns. However, if the work load runs that much heavier than last spring, the program will need to keep this extra counselor if possible. In the first half of 1984, 17 young people received the 30 -day Fist. This is an award that is given for staying sober for 30 days. Historically, about two- thirds of those who get the 30 -day Fist go on to live productive lives. If one takes into account only those who reach the 30 -day mark, the cost per person is $1,000, but if you consider the two - thirds figure then the figure is $1,500 and does not include the other meetings and services provided. 40913 -7 Minutes of the Regular Meeting - September 13, 1984 Five to eight years ago, psychological evaluation per child cost from $12,000 to $16,000. Therefore, Mr. Church felt that the service being provided by PDAP is not only a very needed service, but a very economical one. Finances for PDAP have improved since acquiring revenue sharing funds. Utility bills,are,being paid on time and the bills to PDAP central are being paid on time as well. Currently, the local PDAP program has slightly over a 30 -day supply of cash in its checking account. That is not a great amount of money for an organization such as this. The thing that concerns Mr. Church is that thus far through this year, PDAP has received all of the major contributions that are expected for this calendar year. What is left is what will be received from fund raisers and in small contributions. The local program could be in severe straits by-=the end of the year. Therefore, Mr. Church urge Council to grant PDAP the full $18000 that had been requested. In response to Council inquiry, Mr. Church mentioned that PDAP central pays counselors, insurance and other employee benefits, but the local chapter must reimburse PDAP central for these expenditures. He also pointed out that the counselors receive a minimal wage of $10,000 to $12,000 a year. The budgeted amount for next year for counselor's salaries, taxes, insurance and benefits is $27,000. This includes a nominal raise for the two counselors. The entire budget for PDAP is $35,000 and the request is for $18,000 in revenue sharing. The program will receive $5,000 from United Way next year. David Kadjar, representative of the Baytown Library Advisory Board, stated that each year Sterling Municipal Library experiences increased usage and this year there has been a 13% increase. The board requested that Council support the recommended allocation of $40,000 for materials. This money would bring the library's materials budget up to the 1982/83 level. The demands of the citizens of Baytown on the library are many and varied and these added materials will help Sterling Municipal Library achieve an acceptable service level. Mr. Kadjar thanked Council for the past support of Council for Sterling Municipal Library. Randy Bransom introduced the new Executive Director of the Baytown Area Women's Center, Rebecca Jasso who addressed Council. Ms. Jasso asked Council to consider the request made for additional funds. The women's center is going into its third year of providing services to the Baytown area. Each year services are increasing. A good deal of that has to do with the public education programs and this is one of the things that the center hopes to concentrate more and more on. The basic services provided by the center are a hotline and shelter program for battered women and their children. Since January, 1984, 118 families have been housed. Over the course of three years, 1,000 individuals have been housed. That is a very good record for a shelter of the Baytown Area Women's Center's size. A maximum of 25 people may be sheltered at a time. Calls on the 24 -hour hotline have continually increased. Last month, there were 150 calls for service. One of the increases seen came about primarily after two new people were hired to help 40913 -8 Minutes of the Regular Meeting - September 13, 1984 with resident service and freed the director's time for doing more public education. In addition to hiring a new director, the program has purchased a facility and a building fund drive is in process. There has been a problem with fire and the shelter is attempting to recover from the loss of the storage facility. Pacer Development has donated storage space and the center is collecting donations again. Ms. Jasso stated that the center is very proud to be part of the caring community that is Baytown. In response to an inquiry from Council, Ms. Jasso stated that out of the total percentage of individuals who received help from the center, approximately 35% reside in Baytown and 25% of the remainder have elected to reside in Baytown after leaving the center. About one -half the services go to people who reside in the immediate Baytown area -- LaPorte, Highlands, Crosby, Deer Park, etc. There are only four shelters in what is considered the Houston Metropolitan area. The funding received from the Department of Human Resources helps to cover a large portion of the cost and part of the Department of Human Resources contract requires that service is provided to any Texas resident that needs it. The Depart- ment of Human Resources allocates a fixed amount to the shelter and this year the shelter will be receiving about a 10% increase. The total budget for 1985 is $182,000. The funding for that does include some funds from the City of Mont Belvieu and other cities are being approached to negotiate some funds for the program. The program is a 28 -day program and the shelter staff apprises the residents of what their options are and the names of other community agencies that provide assistance. Presently, the shelter does not provide cash assistance to the resident upon relocation, but this would be a good program if it could be funded. In order to relocate, utility deposits, apartment deposits, etc. must be made. Many times women are unable to relocate due to lack of funds. The contract from the Department of Human Resources has been increased from $54,000 to $61,000. Council had no further questions of Ms. Jasso. Mayor Cannon said that the Bayshore Community Development service is commissioned to provide a transportation service for the cities of Baytown, LaPorte, Morgans Point, Linus, Seabrook and Lomax. Mayor Cannon stated that he would like to see a breakdown on the number of people who are being helped from Baytown versus outlying areas. Mr. Lanham responded that a complete copy of the information that Bayshore Community Development had provided would be made for Council; however, that information does not include the number of persons being transported in Baytown versus other areas. Therefore, the administration will request that information be provided. Council expressed concern with the part of the program dealing with voter registration and was curious exactly what service in that regard was being provided. The Revenue Sharing Budget will be considered on Septem- ber 27 Council meeting, along with the City of Baytown Budget. Since there were no further comments, the Mayor closed the public hearing. ia 40913 -9 Minutes of the Regular Meeting - September 13, 1984 Hold Public Hearing at 7:30 p.m. Concerning a Proposed Rate Increase by Houston Lighting and Power Company Mayor Cannon called the public hearing to order and reminded those present who desired to testify at the hearing that they must register to do so. He explained that after representatives of Houston Lighting and Power Company and the City of Baytown made their presentations, the registry would provide the speaking order. Mayor Cannon explained that everyone desiring to present information at the hearing would be given ample opportunity to do so, but he encouraged each speaker to be as brief and to the point as possible. Houston Lighting and Power has requested a rate increase that will result in a system -wide revenue increase of approximately 288.5 million dollars. The City of Baytown has jurisdiction over utility rates within its city limits, and the reason for the hearing is for the purpose of providing to City Council the information and evidence necessary to determine the rates Houston Lighting and Power should charge. After hearing from Houston Lighting and Power and the city's consultants, the Council will welcome any additional testi- mony anyone may want to offer concerning this requested rate increase. Mayor Cannon administered the oath to Mr. Schaefer and allowed him to address Council. Jim Schaefer, District Manager with Houston Lighting and Power Company in Baytown, made the following statements: "In June, 1984, Houston Lighting and Power Company filed with the City of Baytown, with the Public utilities Commission, with all the cities that have original jurisdiction and with all the incorporated cities in HL &P's service area a request to increase base rates by $228,000,000. That proposed in- crease represented approximately ten (10 %) percent increase over existing residential rates which is comparable to the rate of inflation in a two -year period since the last rate request. During this time in spite of the down turn in the economy, the area of population continued to grow. Between 1980 and 1983, we have experienced an additional influx of approximately 290,000 people to the service area. The company expects this trend to continue. In order to serve the new customers that we have, we have constructed and placed into service over $500,000,000 of new electric plant facilities, none of which is presently included in the price of electricity. Through careful planning and management, we have been able to meet the needs of new customers and will continue to serve the additional load as it develops in our area. Demand forecasts indicate that we expect our average annual growth to be approximately 3h% for the remainder of this decade. In order to support this growth, we are pursuing a number of different options based on cost and reliability considerations. For example, since our last rate increase, we have spent $1,000,000,000 on construction of new facilities which is still in progress. We have implemented demand side options such as conservation and load management which have resulted in more efficient energy usage and we have recently purchased 225,000 kilowatt hours of FERMCO generated electric power. Our company continues to success- fully meet the many challenges associated with supplying the electric needs of the Houston /Gulf Coast area. I'd like to highlight several of these items to emphasize that HL &P 40913 -10 Minutes of the Regular Meeting - September 13, 1984 as a financially healthy company has been able to meet these changing challenges and successfully continues to provide high level service to its customers. Just one year ago, our company demonstrated the competence, dedication and determination of our employees under the most trying circumstances. Hurricane Alicia struck our service area and in its wake left the most destruction ever caused on an electric utility company in the United States. Per- formance during this catastrophe resulted in our receiving in June this past year the Edison Award which is the highest honor that can be bestowed upon an electric utility in our nation. HL &P was selected from among all the nation's investor -owned utility companies for the first time in our 104 year history that we have ever received that award. We are sure that the future holds many challenges such as these, and we will continue to meet them as we strive to meet the growing needs of our service area. Secondly, like virtually every other major utility company that has under- taken a major nuclear program, we've had our share of diffi- culties. However, there are reasons to believe that we're optimistic about the progress of our South Texas Nuclear Project, Currently, Unit No. 1 is more than 60.78 complete; Unit No. 2 is slightly over 358 complete, and the total project is 548 complete, while slightly below the budget estimate. The current schedule and budget has now been in place for the past two years. We believe when Bectal com- pletes its annual reforecast at the end of December, it will again confirm the validity of those estimates. The experience over the last two years supports confidence that the team of HL &P, Bectal and Ebasco is confident to meet and overcome those obstacles. Co- generation has become a very large item in our service area and much has been written and said about the potential for co- generation in the Houston area. our company is currently the largest user of co- generated power, and co- generation provides approximately 108 of the power currently being used in our area. We also expect substantial additional co- generation development during the balance of this decade, and we plan to take advantage of reliable co- generation when- ever it satisfies a need and will benefit customers. Since the majority of co- generation now being developed is dependent on natural gas as a fuel, you can't really depend upon this source of power to provide long reliability needed for a modern growing area, meaning that currently natural gas prices have been stable. They've been stable for the last year and one -half, but we have been victimized along with the customers over the last decade in a very rapid runup of natural gas costs which we have been working toward diver- sification in our fuel mix. When contractural arrangements can be made which guarantee certain delivery standards for co- generation, they will be used so that we can actually avoid new plant construction. In this rate filing package, we've proposed some very significant changes in the residential service rate, and we think that it will make the residential rates a bit more equitable. Specifically, the proposal provides for a monthly minimum bill for residential service of $9 which includes 250 kilowatt hours rather than the current $7 for 30 kilowatt 40913 -11 Minutes of the Regular Meeting - September 13, 1984 hours, followed by a flat 5.8 cent per kilowatt hour rate thereafter. It has several unique features that have not been in the rate before. First, the proposed rate design would be lower in price for the lower usage customers. We have an average of 137,000 customers on our system who can be classified as low usage and would benefit from this rate change. For customer usage above 1,000 kilowatt hours in the winter time, the average price falls gradually for those winter month customers. Currently, the dramatic increase that customers see in the summer rate schedule after 751 kilowatt hours does not occur in these proposed rates. We feel that the changes in this rate structure will be bene- ficial to our customers and more closely track costs so that customers will pay a fair share. Our goal is for each customer to pay a fair share based on the costs to serve them - -no more, no less. I believe that the administration has a proposal before them this evening based on the cities participation in the coalition of cities. It is the rate design provided for the Public Service Commission of the City of Houston. The Public Utilities Commission will not actually begin public hearing on this rate matter until September 24, and we anti- cipate that those public hearings would take a period of 4 to 6, possibly 8 weeks. This action by Council tonight or this evening is part of the overall rate making process as it is now constitutued in the State of Texas, as we would not anticipate that any rates would go into effect until January, 1984." This concluded Mr. Schaefer's remarks. Mr. Tex Dittman requested that any increase granted be minimal. In response to an inquiry from Council, Mr. Schaefer said that there is a substantial investment in the use of metal poles. In new developments, the developer has the choice of underground services or poles; however, underground service is really a combination because there are certain backbone feeder lines that are overhead and must remain overhead. Also, co- generation can lower costs to supply electricity. However, several things must happen in a co- generated system to make that viable. There must be some long term commitment on the part of the co- generator to provide a specific amount of electric service. If that co- generator has the ability to drop out at will, the customers have gained nothing. If that co- generator drops out and HL &P has not provided the power necessary to cover that co- generator, HL &P has not helped itself or the rate payers. The contract that HL &P negotiated with Diamond Shamrock is approximately 12% less than what HL &P would normally be able to produce that power for. That 225 megawatts represents about $1001000,000 savings to HL &P's customers over a ten year period. With the amount of industry in the Houston area, HL &P would anticipate that the co- generation option would become viable and would be one of the things that could very much aid both HL &P and the customers in providing lower cost services. Mr. Schaefer cautioned Council to continue to watch that as an issue. He used the telephone system and the breakup of AT &T as an example. The breakup was to provide the service at lesser costs, but this is not what happened. Co- generation could be one of those areas. 40913 -12 Minutes of the Regular Meeting - September 13, 1984 HL &P feels that if the negotiations are made and if regula- tions stay in place on co- generation, HL &P will be able to purchase that at less than what HL &P would be able to pro- duce the service for and that would be of great benefit to HL &P customers. Also, that would provide the reliability that HL &P feels needs to maintain the integrity of the electric distribution system. Councilman Embry stated that one of the things that had impressed him in looking over the material was that his concept of a utility was that the utility has a lower com- ponent of risks in its operations and therefore, should be content with a slightly lower rate of return. One of the items of contention was whether the rate of return should be 17% or 16% on equity which sounds fairly high, even a return of 12.4% on invested capital versus the company's request for 12.88 %. Why does HL &P need 12.88% guaranteed return? Mr. Schaefer stated that he was not qualified to answer that question because his background is not financial, but operations. He stated that he would be happy to get an answer to that question. Randy Strong, City Attorney, explained that in past years part of the rate design question involved how much of the increase was to be spread between classes. The Public utility Commission has taken the position in all past cases that every class customer must pay its own costs. Traditionally, residential users were at less than their costs. On the exhibit attached to the ordinance is the proposed rate that the administration is recommending be spread among the various classes. The bottom column, Column 6, states relative rate of return and under the first column residential is 97% which means that the residential return pays 97% of the costs it takes HL &P to serve residential customers. For instance, MGS which is a small to medium commercial customer pays 103% of the costs it takes to serve them. What the commission is saying is that all these figures should be approaching 100 %, and if you looked at all the past cases, you will see the residential rates coming up. Several years ago, the residential was at 80% and the commission has been trying to equalize rates. The rate case this year indicates that fact and that is why there is a larger increase for residential as opposed to other classes. The city attorney mentioned that Exhibit "A" attached to the ordinance is a summary of the recommendation of con- sultants used by the City of Houston in looking at this rate case. The summary was prepared primarily by Jane Cater who is with the City of Houston Public Services Division. She was with the Public utility Commission a number of years ago and was hired by Houston prior to the 1982 case and testified in that case as a witness. James Janson, a Certified Public Accountant with the City of Austin, and R. T. Sweatman an engineer that is involved with rate analysis prepared an analysis of the rate case and the document that is attached, the second part is actually a letter from Mr. Janson and Mr. Sweatman. The information is a summary of what the cities are recommending. This has been submitted to the City of Houston. The Coalition of Cities with Original Jurisdiction are also looking at this information and will be using this. One of the recommendations that the city's consultants made is a lowering in the recommended rate of 40913 -13 Minutes of the Regular Meeting - September 13, 1984 return on equity from 17% request to 16 %. Another major adjustment that the cities made was reducing the amount of construction work in progress from 55% to 50 %. There is alot of detailed information about the type adjustments that were made in the operating expenses, and the up shot of all this is that based on the city's adjustments to the rate requested by Houston Lighting and Power, the cities are recommending that the company be given an increase of only $126,616,000. The second page of the exhibit entitled rate design shows how the various rates would be applied to residential customers. One of the main changes that you will see in the city's recommendation is that the price break for various kilowatt hours is at 400 kilowatts which is somewhat lower than what the company has recommended and used in the past. Part of the reason for this goes back to the analysis made by the consultants as to what the base load of the company. The very last page of the exhibit, the chart, shows the typical load average of different type homes. The load averages indicate what it takes for the company to service this particular type house. Line A is the typical load average of an electric home. The graph indicates a peak in February and another peak in August which represents peaks in weather activity. Line B is a high usage customer that has an electric air conditioner with gas heat. This customer has a large peak in the summer and low in the winter when he is using his gas heating. The dark line, C would be a minimum usage customer that has an electric air conditioner and gas heat. Again, the peak is in the summer at a lower level because he's a medium user. Line D is low usage home with electric air and gas heat or possibly someone without air conditioning. If you look at the usage all through the year, it runs very close to 400 kilowatts a month for most of the year. For this reason, the city consultants felt that the 400 kilowatt line would be a better break point for changing increased costs for usage. The city attorney offered the exhibit attached to the ordinance for the record. Since there were no further comments or questions, Mayor Cannon closed the public hearing. Consider Proposed Ordinance, Establishing Rates to be Charged by Houston Lighting and Power Company Within the City Limits of Baytown Mr. Lanham pointed out been adopted by the City of are part of the coalition. approval of the ordinance. Councilman Philips move continue to pursue the rate seconded the motion. that the proposed ordinance has Houston and other cities that The administration recommended Bd to adopt the ordinance and to case; Councilman Dickens 40913 -14 Minutes of the Regular Meeting - September 13, 1984 In response to Council, the city attorney stated that if Council fails to take any action, the company can put its proposed rates into effect after the 90 day period without action from Council. City Council can recommend a rate based on the information presented tonight and adopt its own rate. The option then lies with the light company because they can either appeal that decision to the commission, and the commission will establish a rate that it feels proper or the company may elect not to appeal and if so, the rate set tonight will become effective in the City of Baytown. If the commission sets higher rates for areas outside the city, Baytown would have lower rates than people outside the city limits. If the light company does not appeal and the commission comes in with lower rates, you would have higher rates inside Baytown than outside. Traditionally, cities' cases have been consolidated with rural cases. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3935 AN ORDINANCE SETTING RATES TO BE CHARGED BY HOUSTON LIGHTING AND POWER COMPANY FOR ELECTRIC UTILITY SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE -DATE HEREOF. Mayor Cannon called a recess and when the meeting reconvened, the following business was transacted: Mayor Cannon extended congratulations to Ray Swofford with the City of Baytown Engineering Department for his recent appointment to the Goose Creek Consolidated Inde- pendent School District Board of Trustees. Consider Proposed Ordinance, Amending Flood Hazard Area Regulations The proposed ordinance amends the Flood Hazard Area Regulations to make them conform with the federal regulations concerning flood insurance programs. The amendment requires, that all structures that are expanded or substantially improved must comply with the flood hazard regulations which puts the city into conformance with what the federal regulations require. Councilman Fuller moved for adoption of the ordinance; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None 40913 -15 Minutes of the Regular Meeting - September 13, 1984 ORDINANCE NO. 3936 AN ORDINANCE AMENDING CHAPTER 123�, "FLOOD HAZARD AREA REGU- LATIONS," REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Establishing a Prima Facie Speed Limit of 30 Miles Per Hour on Rollingbrook Drive Between Goose Creek Stream and Decker Drive (Spur 330) The proposed ordinance will establish prima facie speed of 30 miles per hour on Rollingbrook Drive between Goose Creek Stream and Decker Drive. The traffic commission has recommended establishment of this speed limit. Traffic on the remainder of Rollingbrook Drive is 40 miles per hour; therefore, Council was concerned that citizens would not realize the difference in speed until they were well into the area designated 30 miles per hour. Bill Cornelius, Director of Planning and Traffic stated that reduced speed ahead signs would be installed to notify motorist of the change in speed. The reason for the reduced speed is the traffic from Exxon building and the apartments. The administration recommended approval of the ordinance. Councilman Philips inquired if a stop light had been considered for that intersection. Councilman Embry said that that had been discussed at the company but they would have to rely on the opinion of the traffic engineer. Councilman Philips stated that with the esplanaded street, it is more hazardous to try to cross over. The vote follows: Ayes: Council members Johnson, Simmons, Embry and Fuller Mayor Cannon Nays: Council members Philips and Dickens ORDINANCE NO. 3937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 30 MILES PER HOUR FOR MOTOR VEHICLES ON A PORTION OF ROLLINGBROOK DRIVE BETWEEN GOOSE CREEK STREAM AND DECKER DRIVE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CON- TAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Establishing a Prima Facie Speed Limit of 45 Miles Per Hour on Decker Drive Between Wade Road and Rollingbrook Drive The traffic commission has recommended that a prima facie speed limit of 45 miles per hour be established on Decker Drive between Wade Road and Rollingbrook Drive. 40913 -16 Minutes of the Regular Meeting - September 13, 1984 Councilman Embry moved to adopt the ordinance; Council- man Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry and Fuller Mayor Cannon Nays: Councilman Dickens ORDINANCE NO. 3938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 45 MILES PER HOUR FOR MOTOR VEHICLES ON A PORTION OF DECKER DRIVE BETWEEN WADE ROAD AND ROLLINGBROOK DRIVE; REPEALING ORDIN- ANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Accepting Proposal from McClelland Engineering for Soil Study and Engineering Services to Provide Minimum Guidelines for Residential Foundations The revenue sharing appropriation for last year included $15,000 for a soil study of the city. The result of these studies are used for issuing single family resident foundation permits. This policy has been in effect for a number of years, but part of the city has been annexed since the last study was performed. Therefore, the administration requested approval for McClelland Engineering to review the information presently available and make studies of new areas to provide the data needed to issue foundation permits. McClelland Engineers have done much work in Baytown, and they have agreed to perform the study for $14,700. The results of the soil study can determine the difference between a cracked slab and a solid slab in future developments. Councilman Simmons moved to adopt the ordinance; Council- man Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MCCLELLAND ENGINEERS FOR THE PREPARATION OF MINIMUM FOUNDATION GUIDELINES; AUTHORIZING THE PAYMENT OF FOURTEEN THOUSAND SEVEN AND N01100 ($14,700.00) DOLLARS AS PAYMENT THEREFOR; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 40913 -17 Minutes of the Regular Meeting - September 13, 1984 Consider Proposed Resolution No. 888, Requesting that the U.S. Department of Housing and Urban Development Offer the 312 Loan Program in Baytown The 312 Loan Program provides three types of loans- - residential, to maximum amount of $27,000; non - residential, to maximum amount of $100,000 and a fixed use loan based on the combination residential and commercial. The actual loans are limited to bringing the property up to minimum property standards. The interest rate on these loans is 9% and the pay back period is 20 years. Renovations are limited to corrections of code violations, and no loans are made for new structures. The city's responsibility in this program would be administration of the program. This would include packaging the loan for the applicant, sending the application to HUD, preparing work specifications for the renovation work, selecting the contractor through bids and inspecting the work. HUD offers no funds for the administration of the program. Community Development Division would handle these loans. The administration feels that this program could be beneficial to the Texas Avenue property owners, and perhaps there are persons in other parts of the city who will be interested. Therefore, the administration recommended approval of the resolution. Councilman Dickens moved to adopt the resolution; Councilman Johnson seconded the motion. Councilman Fuller commented that he supports the motion, but he would abstain from voting due to the conflict of interest by virtue of owning property on Texas Avenue. Councilman Johnson announced that the property owners along Texas Avenue are a dedicated group that meet on the first Thursday at 7:00 p.m. in the old J.C. Penny Building. He invited others to attend because this group is really interested in making something happen on Texas Avenue. Councilman Philips stated that Jerry Fletcher is under- taking a rather responsible job, but he has done so well in the past that he had alot of confidence that he could handle this new program. He stated further that he felt it was incumbent upon the city to do something in the Texas Avenue area and also, in other parts of the city where there are houses that need to be brought up to standard. Jim Gillian, owner of property on Texas Avenue, thanked Council for the continued support and mentioned that on September 29, there would be a cleanup day on Texas Avenue. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry and Dickens Mayor Cannon Nays: None Abstained: Councilman Fuller 40913 -18 Minutes of the Regular Meeting - September 13, 1984 RESOLUTION NO. 888 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO REQUEST THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO OFFER THE 312 LOAN PROGRAM TO THE CITIZENS OF THE CITY OF BAYTOWN. Consider Proposed Resolution No. 889, Encouraging the State Legislature to Pass an Open Container Law A representative of the citizens safety council had previously appeared before City Council requesting that the Council encourage the passage of legislation on an open container law. Council had asked at that time that the administration bring this matter up again at a meeting prior to the legislative session. The legal staff has prepared a resolution which is consistent with the local citizens safety council's request. Councilman Johnson mentioned that the ramifications of such a law concerned him greatly due to the problems of innocent persons being affected. As he understands it, the law would apply to any alcoholic open container. He em- phasized that he is totally against drunk driving or drinking alcohoic beverages while driving, but he would not want an innocent person to be subject to prosecution under such a statute. Councilman Philips expressed the fear that should this legislation be presented during the session, laws already on the books may be diluted in order to get this one adopted. Council expressed concern that there were no specifics about what the proposed legislation might be, but Mayor Cannon pointed out that Council would have ample opportunity to review any proposed legislation prior to consideration by the legislature. Councilman Johnson moved to adopt the resolution; how- ever the motion died for lack of second. Consider Authorization to Advertise for bids for 3 Inch Water Main and Alternate 6 Inch Water Main Along Lynchburg -Cedar Bayou Road From Timber Ridge Subdivision to Forest Bend Subdivision Forest Bend Subdivision is to be located just south of Lynchburg Cedar Bayou Road and east of Raccoon Road. Developers of that subdivision have asked for water service from Timber Ridge Subdivision. It is not yet tied into the City of Baytown System. The City of Baytown maintains the well and sells water to these people. The developer has requested water service from that well. Forest Bend Subdivision could be served from this well by a three -inch line, but the overall plan to service this area provides for a six -inch line. Therefore, the administration requested permission to take bids for both the three -inch line and the six -inch line. The estimates are $16,600 for the three -inch line and $21,900 for the six -inch line. The difference of $5,300 is available in the Water and Sanitary Sewer Extension Account. 40913 -19 Minutes of the Regular Meeting - September 19, 1984 Councilman Dickens moved to authorize the administra- tion to advertise for bids for a three -inch water main and alternate 6 -inch water main along Lynchburg /Cedar Bayou Road from Timber Ridge Subdivision to. Forest Bend Subdivision. Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None Consider Authorization to Participate in the Community Service Option Program The Community Service Option Program provides an alternative to the incarceration of people who have been judged guilty of committing certain violations of law. Under the program, the participants are required to perform some volunteer community service. Many of the people involved in the program are people who have been found guilty of driving while intoxicated. The sponsors of the program who have a contract with Harris County to provide the service have talked with the staff and asked about the possibility of the city providing some work opportunities for these people. This has been discussed with the depart- ment heads and there are four departments- -Parks and Rec- reation, Public Works, Library and Water billing where these people would be able to work since it is necessary in many cases that the person be allowed to work on weekends. This program will assist the courts and the people who wish to make restitution through community service, as well as the City of Baytown. The administration requested permission to participate in the program and recommended approval. The city has the option of acceptance or rejection of the number of persons who will be working through this program, as well as the option of the kinds of skills those persons should possess. An agreement will be developed to determine what procedures will be followed for the program in Baytown. Councilman Fuller moved to authorize participation by the City of Baytown in the Community Service Option Program; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None Consent Agenda The administration requested that Items c and I be deleted from consideration. City Council considered Items a and b and d through h as follows: 40913 -20 Minutes of the Regular Meeting - September 13, 1984 a. Proposed Ordinance No. 40913 -5, will provide the second and final reading on annexation of Cedar Trace Apartment Complex and /or adjacent property. We recommend approval of Proposed Ordinance No. 40913 -5. b. Proposed Ordinance No. 40913 -6, will place the newly annexed territory mentioned in Item a in Council District No. 6. We recommend approval of Proposed Ordinance No. 40913 -6. d. Proposed Ordinance No. 40913 -8, will award the bid for portable DC arc welder. Bids were mailed to six vendors and two proposals were received. The two vendors submitted the same price for the equipment; however, we feel the best bid is the bid of Baytown Welding Supply. They provide for a quicker delivery and a larger fuel tank on their machine. The bids submitted were in the amount of $3,350. We recommend the low bidder, Baytown Welding Supply, be awarded this contract. e. Proposed Ordinance No. 40913 -9, will award the bid for pole light installation - Central Heights Park. Bids were mailed to four vendors and one bid was received. Pfeiffer Electric submitted the low bid of $3,910. We recommend the low bidder, Pfeiffer Electric, be awarded this contract. f. Proposed Ordinance No. 40913 -10, will award the contract for construction of concrete left turn on Garth at Sharon and the concrete repairs on Garth, Rollingbrook and North Main at Cedar Bayou. Bids were mailed to ten contractors and eight bids were received. Angel Brothers submitted the low bid of $97,716. This work shall be funded from the 1981 Capital Improvements Program and the 1983 -84 General Funds, Streets and Drainage Account. We recommend the low bidder, Angel Brothers Enterprises, Inc., be awarded this contract. 40913 -21 Minutes of the Regular Meeting - September 13, 1984 g. Proposed Ordinance No. 40913 -11, will award the bid for equipment to modify Allenbrook Lift Station. Invitations to bid on the supply of pumps and motors for the proposed modifications to the Allenbrook Lift Station were mailed to four suppliers. Two bids were received. Pump and Power Equipment Company submitted the low bid of $9,414. Funds for this project are provided in the Utility Construction Account of the current budget and a lift station enlargement fee to be collected from a nearby developer. We recommend the low bidder, Pump and Power Company, be awarded this contract. h. Proposed Ordinance No. 40913 -12, will approve the lease agreement with The Alfred Company. This is a continuation of the lease by the City of Baytown of office space at 1722 Market Street. The office space houses the Community Development Program Office. There is no increase in the lease cost over the previous agreement. Presently the city is leasing the office space at 1722 Market Street for $370 per month plus a pro rata share of the utilities. We recommend approval of Proposed Ordinance No. 40913 -12. Councilman Johnson moved to adopt the Consent Agenda except for Items c and i; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3913 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CEDAR TRACE APARTMENT COMPLEX, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. (Proposed Ordinance No. 40913 -5) ORDINANCE NO. 3940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ADDING CERTAIN PROPERTY TO COUNCIL DISTRICT NUMBER SIX (6) REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 40913 -6) 40913 -22- Minutes of the Regular Meeting - September 13, 1984 ORDINANCE NO. 3941 AN ORDINANCE ACCEPTING THE BID OF BAYTOWN WELDING SUPPLY COMPANY FOR THE PURCHASE OF A PORTABLE'DC ARC WELDER AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND THREE HUNDRED FIFTY AND N01100 ($3,350.00) DOLLARS. (Proposed Ordinance No. 40913 -8) ORDINANCE NO. 3942 AN ORDINANCE ACCEPTING THE BID OF PFEIFFER ELECTRIC COMPANY FOR THE LIGHT POLE INSTALLATION AT CENTRAL HEIGHTS PARK AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND NINE HUNDRED TEN AND N01100 ($3,910.00) DOLLARS. (Proposed Ordinance No. 40913 -9) ORDINANCE NO. 3943 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, INC. FOR THE CONSTRUCTION OF CONCRETE LEFT TURN ON GARTH AT SHARON AND CONCRETE REPAIRS ON GARTH, ROLLINGBROOK AND NORTH MAIN AT CEDAR BAYOU; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 40913 -10) ORDINANCE NO. 3944 AN ORDINANCE ACCEPTING THE BID OF PUMP AND POWER EQUIPMENT COMPANY FOR THE PURCHASE OF PUMPS AND MOTORS FOR MODIFICA- TIONS TO ALLENBROOK LIFT STATION AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF NINE THOUSAND FOUR HUNDRED FOURTEEN AND N01100 ($9,414.00) DOLLARS. (Proposed Ordinance No. 40913 -11) ORDINANCE NO. 3945 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A LEASE WITH THE ALFRED COMPANY TO LEASE CERTAIN PREMISES LOCATED AT 1722 MARKET STREET; AUTHORIZING PAYMENT BY THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 40913 -12) For bid tabulations, see Attachments "B" and "E.." 40913 -23 Minutes of the Regular Meeting - September 13, 1984 Consider Construction Plans for West Humble Street Posted in the Council Chamber was a map which depicted West Humble and West Gulf Streets as the plans indicate that these streets are to be improved. West Gulf has been paved except for the cul -de -sac. Half of that was completed today. The other street, West Humble, has been excavated. The contractor is planning to do the subgrade preparation here in the next few days. The plan calls for the con- struction of a cul -de -sac at the last house on the street. A short distance further is an Exxon pipeline, and the balance of the street right of way from the house to the end of the right of way serves no one at the time. There are no homes down there, but there is property on either side. The problem is that Mr. DeHoyos who owns the house at the proposed cul -de -sac would like the street extended further down. He does not want the cul -de -sac in front of his house. The things that the engineers considered in stopping the street at the proposed location was to avoid the lowering of the Exxon pipeline at a cost of $15,000. The cost to construct the street is $120 a foot. Another factor to consider is that all of the remaining land is below five foot elevation. If someone were to ever build there, they would have to construct at 16 foot elevation. Since all the people who reside along West Humble would be served by the street being constructed as planned and several thousand dollars would be saved, the engineers felt this to be a good plan; however, Mr. DeHoyos objected to this construction of the cul -de -sac because this would encourage parking in front of his house, with loud noises all hours of the night and trash being dumped. Mr. Pete DeHoyos felt that the street could be moved a little further down. Mr. Dykes stated that the street could be moved 5 to 6 feet further without inter- ference from the pipeline. Council suggested that perhaps the street could be constructed in the same manner as planned without providing the cul -de -sac, but Mr. Dykes stated that the city was hoping to provide a means for garbage trucks to turn around. Councilman Simmons moved that the cul -de -sac be shifted to the vacant lot west of the last house on the street and that the pavement be constructed to the east property line of the last house on the street. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons and Embry Mayor Cannon Nays: Council members Fuller and Dickens Recess and Reconvene The Mayor recessed the open meeting into executive session to discuss land acquisition. When the open meeting reconvened, the following business was discussed: 40913 -24 Minutes of the Regular Meeting - September 13, 1984 Consider Proposed Ordinance, Authorizing the City Attorney to Make Offers for Purchase of Rights of Way Along Massey Tompkins Road and Authorize Condemnation if Offers Are Refused Councilman Philips moved for adoption of the ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3946 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE OFFERS FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE OWNERS OF OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN TRACTS DESCRIBED HEREIN REQUIRED FOR STREET IMPROVEMENT PURPOSES; REQUIRING THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFERS ARE REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Authorizing the City Attorney to Make Offers for Acquisition of Park Property and Authorize Condemnation if Offers are Refused Councilman Dickens moved for adoption of the ordinance; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3947 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE OWNERS OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF A CERTAIN TRACT DESCRIBED HEREIN REQUIRED FOR PARK PURPOSES; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIR- ECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 40913 -25 Minutes of the Regular Meeting - September 13, 1984 Consider Proposed Ordinance, Authorizing the City Attorney to Make Offer for Acquisition of Drainage Easement and Authorize Condemation If Offer Is Refused Councilman Johnson moved to adopt the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3948 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE OWNERS OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF A CERTAIN TRACT DESCRIBED HEREIN REQUIRED FOR DRAINAGE IMPROVEMENT PURPOSES; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Confirmation of Appointment to Baytown Library Advisory Board Councilman Embry moved to confirm the appointment of Tom Ashcraft to the Baytown Library Advisory Board; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None Consider Appointment to Clean City Commission This appointment will be made at a later date. Adjourn There being no further business to be transacted, the meeting was adjourned. e&� /—" j-zw/'� Eileen P. Hall, City Clerk Attachment "A" M E M O R A N D U M September 5, 1984 TO: City Council FROM: Fritz Lanham, City Manager SUBJECT: Recommendations for Revenue Sharing Allocations Fiscal Year 1984 -85 - The 1984 -85 Revenue Sharing Budget is $712,845. This budget is comprised of a revenue sharing allocation in the amount of $678,2774 and a remaining unappropriated surplus of $34,568. My recommendations for FY84 -85 are as follows: 1. Baytown's Land REQUEST Management and Use Plan for the Brownwood Subdi- vision $ 481,000. RECOMMENDATION $ 481,000. These Are' the monies we feel are necessary to initiate our Land Management and Use Plan. Primarily, these monies will be used to fund the cleanup and to provide for some land acquisi- tion, and to begin the early phases of park development. 2. Reroofing of the Community Build- ing $ 60,000. $ 60,000. The purpose of this allocation is for the reconstruction of the roof on the Community Building. This reconstruction will provide the roof with a degree of slope. We hope that this slope will allow for better drainage off the roof, thereby, providing less deterioration of that roof. As you recall, there are several leaks in this roof and over the last few years we have spend sev- eral thousand dollars in the continuous repair of that roof. •3. Sterling Munici- pal Library $ 50,000. $ 40,000. This appropriation will provide funds for the purchase of books, audio visual equipment, and other equipment such as typewriters, 2 desks and chairs. We have seen a 5.2% inflation rate in book prices over the past year. We are also still seeing increased library usage. That use is approximately a 12% gain over the same time period last year. 4. Senior Citizen's Taxi Program $ 14,000. $ 14,000. This appropriation will again provide for the City's share in funding the Senior Citizen's Taxi Program. 5. Economic Develop- ment $ 10,000. $ 10,000. In the fall of 1983 the Board of Directors of the Baytown Chamber of Commerce established the Economic Development Committee to encourage economic growth in Baytown. This committee was formed in response to the decline in the petrochemical industry, which created an economic crunch and a rise in unemployment in this area. This committee feels that some diversification is needed to expand the tax base and create new jobs for our community. The committee's plans include several segments. A promotional campaign which will focus on marketing Baytown as an attractive location for business is planned. It will feature advertising in key trade periodicals, a targeted direct mail program to manufacturing and commercial enti- ties, and printed information and audio visual presentations on our community. The committee will be seeking to stimulate private in- vestment and expand employment opportunities in Baytown by generat- ing inquiries and ultimately relocation and /or expansion of com- panies. The $10,000 will be used to pay for the brochure and audio visual presentation. 6. Cultural Arts Council $ 3,000. $ 3,000. This appropriation is to fund the operating expenses of the Cultural Arts Council. These funds are for items such as stationery supplies, recreation supplies, advertising and some special services. 1. Sesquicentennial Commission $ 1,000. $ 1,000. This appropriation is to provide funds for the operation of the Sesquicentennial Commission. It will provide monies for stationery and recreational supplies, printing and advertising. 8. Financial Admin- istration $ 21059. $ 2,059. 3 This appropriation is to provide for the expense of the annual revenue sharing audit. CONTRACT SERVICES 9. Emergency Corps 83 -84 APPROPRIATION REQUEST RECOMMENDATION $ - 0 - $ 2,600. $ 2,600. The purpose of this appropriation is to allow a contract with the Emergency Corps for water rescue service and some land base am- bulance support. By entering into such a contract with the Emergency Corps, the City will not furnish any additional funds for other equipment and /or needs of the Emergency Corps. 10. Baytown Senior Citizens Nutri- tion Center $ 26,000. $ 27,000. $ 27,000. The purpose of the Nutrition Center is to provide fun, food and fellowhsip for elderly residents. March of this year marked their eleventh anniversary. The center is open daily Monday through Friday from 9:00 a.m. to 2:00 p.m. In addition to a well balanced hot noon meal, recreation and educational programs are planned and transportation is provided. The Baytown Center is one of 44 centers throughout Harris County funded by the federal government under Title III grant. The only criteria for eligibility is age 60 years or older. The program has no charges, but a contribution of 25� per meal is requested. According to the January through July, 1984, report, the total number of registered senior citizens is 408, which indicates the new participant level at 61. Total meals served during this period was 13,076, which is an average of 88 per day. Three thousand and eight (3,008) of those were home bound meals. In regard to transportation statistics, an average of 35 senior citizens were transported to the center daily. The center van is also used to transport handicapped persons in Baytown to a variety of destinations within Baytown. Other services which have been provided during this time include daily counseling and assistance with financial, medical, housing, utilities and personal problems. Assistance with food stamp applications, certification for tax cards, blood pressure screen- ing, graduated exercise programs, hearing screening, coordination of medical appointments and transportation, and the distribution of commodity foods such as butter, cheese, and powdered milk to eligible participants was provided. CONTRACT SERVICES - Cont'd. 83 -84 APPROPRIATION 4 REQUEST RECOMMENDATION 11. Retired Senior Volunteer Pro- gram $ 3,186. $ 3,186. $ 3,186. This amount will be directed to volunteer expenses such as accident insurance, personal liability insurance, excess automo- bile liability insurance, meals, transportation, printing, postage and recognition. The Retired Senior Volunteer Program is now in its tenth year of service to the Baytown community., Last year in Bay- town the RSVP provided over 20,000 hours of their time to many non- profit organizations in the Baytown area. In addition, this service added meaning and enrichment to many of the senior volunteer's lives. 12. Baytown Area Women's Center $. 20,000. $ 22,000. $ 21,000. The Baytown Area Women's Center opened the doors of Mitchell House in February, 1982. Since its opening they have received over 3,000 calls on their 24 hour crisis hot line. They have been able to provide emergency shelter to 358 women and 605 children. At the center, both women and children receive individual support and counseling, and group counseling under the supervision of a certified therapist. The center's trained staff and volunteers help the women to examine the options open to them to establish a violent -free home for their families. Appropriate referrals are made to educational, vocational, housing, medical and legal resources in the community. Referrals to counseling for the batterer are available if desired. The Baytown Area Women's Center currently employs seven staff members to provide 24 -hour a day, 365 days a year coverage. 13. Bayshore Com- munity Develop- ment $ 15,000. $ 30,000. $ 16,000. The Bayshore Community Development, Inc. is a non - profit com- munity based organization delegated to implement a transportation service project to the City of Baytown, City of LaPorte, and the unincorporated towns of Morgan's Point, Linus, Seabrook and Lomax. Primarily, the program will be geared to the elderly, handicapped, and low- income residents. The service mix includes transportation to medical facilities, social service agencies, entitlement pro- grams, once a week shopping and selective enrichment and cultural activities. The recipients of the program will be the elderly, IL TITLE: PORTABLE DC ARC WELDER BID: 8407 -88 DATE: AUGUST 30, 1984 2 : 00 P.M. C I TY OF PIAYT0:•.94 $I D TAB'ULAT I ON Attachment "B" ITEM 1 QTY 1 UNIT 1 EACH DESCRIPTION PORTABLE DC ARC WELDER, PER GULF OXYGEN CO. BAYTOWN WELDING SUPPLY I AMERI GAS !MAGNOLIA WELDING CO UNIT PRICE.' EXT. PRICE $3,350.00 UNIT PRICE EXT. PRICE $3,350.00 I U141T PRICE I EXT. PRICE NO RESPONSE IUNIT PRICE NO RESP TEXT. PRICE SE ISPECIFICATIONS. MAKE: LINCOLN SA 00 -F163 LINCOLN SA240 -F163 MODEL : K6090SM ( K6090SM DELIVERY: 7 DAY5 I 1 DAY SPECIAL CONDITIONS: 115 GALLON T4NK ( . I I I I IBIDS WERE MAILED TO 6 VENDORS, I I 12 RESPONDED. I ( I DELIVERY NET TOTAL I ( I I I I $3,350.00 I $3,350.00 ( I CONTRACT SERVICES - Cont'd. 83 -84 APPROPRIATION handicapped, and low- income residents and REQUEST 5 RECOMMENDATION will be served during the operational year approximately 800 people of the program.. 14. Bay-Area Heri- tage Society $ 15,000. $ 20,000. $ 16,000. The purpose of this allocation is to help cover the cost of major repairs to the roof of the building housing the Baytown Historical Museum as well as meet increased utility costs. 15. Palmer Drug Abuse Program $ 15,000. $ 18,000. $ 16,000. PDAP is a program of counseling and support for young people with drug and /or alcohol abuse problems. This program was iniated in Baytown in June of 1983. The office is located at •311 N. Jones. According to the April -June, 1984 report, counseling appointments with young people with drug /alcohol abuse problems have averaged eleven per week for the second quarter this year, with two of .these being initial counseling appointments. Parents have also made use of the counseling with an average of five counseling appointments each -week with 40� of these being initial appointments. Meeting attendance supports an average of 19 young people and 13 parents. TOTAL CONTRACT SERVICES 122,786. $ 101,786. TITLE: LIGHT POLE INSTALLATION AT CENTRAL HEIGHTS PARK EID: #8408 -96 DATE: AUGUST 30, 1984 2:00 P.M. CITY OF BAYTO: -N -BID TABULATION Attachmen C" ITS ►l, I 1 QTY 1 UNIT U I lot DESCRIPTION LIGHT POLE INSTALLATION AT PFEIFFER ELECTRIC CO_ WHITLEY ELECTRIC GULF COAST ELECTRIC ; BAYWAY ELECTRIC CO. U14IT PRICE EXT. PRICE $3,910.00 UNIT PRICE BID EXT. PRICE i U141 PRICE RETURNED NO RESP EXT. PRICE NSE IUN,IT PRICE- NO RES IEXT. PRICE ONSE I CENTRAL HEIGHTS PARK, per I specifications. I DELIVERY: 30 Days SPECIAL CONDITIONS: I Arrived lafe at bid I opening ano bid was returned ubopened to I the vendor[ Bids were mailed to five I I vendors. � I I 7-1 G- LJVERY NET TOTAL I I I I I I ( I a N W Q a r co H f ci O O ce iu v_ w c H 9 In u � co Q coo Q W U W o .+ a{ 0 iu v_ c H In a coo Q W J W .+ a{ iu v_ n. a x to tu _u K fL H • ' ILI v . a CL I.- x w iu U_ K o_ H 7 w w g aU K 0. N N q� r W ce Z Z rr u w }" Of a F- u ch Z. w u vi CL CL tn x Li K J W Z to J u I� W •• to CL Oi: W J W 0 O > ►-• J ul J d F< LU U NZ O O � Q CL -i °D ... LL U Q a CL Z f- a TITLE: CITY OF BAYTOWN BID RESULTS Left Turn Lane & Concrete Street Repairs BID No. • 8408 -01 DATE: Sep 10, 1984 @ 10 a.m. C 0 N T R A C T 0 R Aide Services Angel Brothers B.W.F. General Contractors Brown & Root . . Forde Construction H. B. Hamilton Hubco Kinsel Industries Mason Construction Petro Chem Attachment "D" A M O U N T $ 114,351.20 97,71.6.00 113,624.50 105,900.15 126,939.94 154,004.01 144,454.25 No Bid 134,598.50 No Bid Bond - bid rejected Attachment "E "' M E M O R A N D U M September 11; -1984 TO: Fritz Lanham, City Manager FROM: 1� orman Dykes, City Engineer /Director of Public Works SUBJECT: Modifications to Allenbrook Lift Station - Purchase of Pumps and Motors - Job No. 8408 -23 r Invitations to bid on the supply of pumps and motors for the.proposed modifications to Allenbrook Lift Station were mailed to four suppliers and legal notices were published twice in the Baytown Sun requesting quotations. Two bids were received as tabulated below: Amount Delivery Time . Pump & Power Equipment Co. $ 9,414 30 days Newman Engineered Equipment, Inc. 14,362* 100 days Alternate bid - did not offer bid on equipment specified It is recommended that Council award this bid to Pump & Power Equipment Company in the amount of $9,414. Funds for this project are provided in the Utility Construction account of the current budget and a lift station enlargement fee to be collected from a nearby developer. Copy to:..- Asst City Mgr City Clerk Legal RS /lc