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1989 04 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 13, 1989 The City Council of the City of Baytown, Texas, met in regular session on Thursday, April 13, 1989, at 5:00 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Jimmy Johnson Perry Simmons *Pete C. Alfaro Roy Fuller Rolland J. Pruett Emmett 0. Hutto Fritz Lanham Randy Strong Bobby Rountree Eileen P. Hall Absent: Fred T. Philips Councilman Councilman Councilman Councilman Councilman Mayor City Manager City Attorney Assistant City Manager City Clerk Councilman The meeting was called to order with a quorum present. Councilman Simmons offered the invocation, after which the following business was conducted: Consider Minutes for the Regular Meeting Held March 30, 1989 Councilman Johnson moved for approval of the minutes for the regular meeting held on March 30, 1989. Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Fuller and Pruett Mayor Hutto Nays: None 890413 -2 Minutes of the Regular Meeting - April 13, 1989 Consider Minutes for the Special Meeting Held on April 4, 1989 Councilman Fuller moved for approval of the minutes for the special meeting held on April 4, 1989. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Fuller and Pruett Mayor Hutto Nays: None *Councilman Alfaro present. Citizen's Communications a. Larry Brennen or Lorrine Fruge, Clayton Drive, will appear to protest construction of sidewalk on east side of Clayton between Bowie Drive and Mockingbird. Larry Brennen stated that residents along Clayton Drive between bowie Drive and Mockingbird discovered last Friday that a sidewalk was to be constructed there. The neighborhood feels that a sidewalk at that location is not necessary, and Mr. Brennen presented a petition requesting that council stop the building of the sidewalk. He stated that on the west side of the street, there is an existing sidewalk. It runs from Bowie Drive all the way to Ivie Lee. The majority of the students go out the south end of Clayton Drive and into the adjoining subdivision. There are very few students who reside in that part of the subdivision. Mr. Brennen had a diagram attached to the petition indicating a day by day count in which direction the children walked. The diagram indicated very little activity along Clayton. The petition signers felt that the money could be put to better use at some other location. Councilman Fuller pointed out that this was strictly a safety item. Mr. Brennen pointed out that the sidewalk would lead to bowie where there is no sidewalk. He said that the residents do not object to the children walking in their yards. 890413 -3 Minutes of the Regular Meeting - April 13, 1989 Norman Dykes clarified that although there is no sidewalk on James Bowie at the present, one will be laid on the south side up to the convenience store where it will be laid on the north side. The administration has agreed to place the sidewalk next to the curb so that the residents will not have to mow between the curb and the sidewalk. Mr. Brennen stated that the residents feel that if they must burdened with a sidewalk, it should be constructed next to the curb. Councilman Fuller pointed out that this would be a safety hazard and he would object to that. Council agreed that the contractor should be asked to hold up on this particular phase of the contract and asked that an action item be placed on the next agenda. Consider Approval of Request From Baytown Poverty Trailriders to Hold a Trailride on May 5, 6 and 7 The Trailriders have requested that the dates be changed to May 12, 13 and 14. They have agreed to provide proper safety precautions and sanitation requirements. Councilman Simmons moved to approve the request from Baytown Poverty Trailriders. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Alf aro, Fuller and Pruett Mayor Hutto Nays: None Consider Request of Baytown Police Patrolmen's Union For Dues Check Off Jim Anderson of the Baytown Police Patrolmen's Union appeared at the last council meeting to request that council allow his union an automatic dues check off through the city's payroll system. Under state law this may be done by the city, but it is not required that the city provide this collection procedure for the union. 89041,3 -4 MEMO Minutes of the Regular Meeting - April 13, 1989 Council's options include: 1. Turn down the request and be consistent with past decisions; 2. Approve the request; 3. Discontinue all payroll deductions for employee associations; 4. Postpone action until the legislature acts on HJR -59. Councilman Pruett moved to postpone action until the legis- lature acts on HJR -59. Councilman Fuller seconded the motion. Jim Anderson asked council to consider that the Baytown Police Patrolmen's Union is not the only union provided to city employees. The Baytown Firefighters Association is affiliated with the AFLCIO, and the Baytown Police Association by definition is also a union. He pointed out that the legal assistance provided through the union membership directly benefits the city. He emphasized that the Patrolmen's Union is not a group of mal- content radicals. They simply wish to protect the rights and interests of police officers. Other city employee organizations currently have this convenience. Therefore, he felt that the Baytown Police Patrolmen's Union should be afforded the same. The vote follows: Ayes: Council members Simmons, Alfaro, Fuller and Pruett Mayor Hutto Nays: None Abstained: Councilman Johnson Councilman Alf aro stated that he would like information on why dues check off was granted to the Fire and Police Associations. M B90413 -5 Minutes of the Regular Meeting - April 13, 1989 Consider Plans for Post Office Drop Boxes on Baker Road The revised plans provide that rather than the drop boxes being out in the median, they will be located on each side of Baker Road. A median cut will be made to provide entry to the existing parking lot, and at the exit a driveway will be cut through. The other part of the proposal is to cut an additional driveway to allow access to the drop boxes without having to go into the parking area where people are parking to go inside the post office. The entrance would be a separate entrance off of Baker Road which would be about eleven feet wide, constructed of b" concrete pavement with curbs. The exit would go into the existing driveway causing one to egress at about the same place. That is the proposal for the change order. Another option is to place drop boxes on the other side, but that is not a part of the change order because property would need to be acquired from the school district. Councilman Pruett moved to approve the plans for drop boxes on both the north and south side of Baker, but to authorize only the portion on the south side at present. Later the work on the north side can be done. Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Alf aro, Fuller and Pruett Mayor Hutto Nays: None Consider Proposed Ordinance, Authorizing Change Order No. 2 to the Contract With H.H. Hamilton For Lee Drive Pavement Repair Project The proposed change order at an estimated cost of $B,107 will provide for modifications to the median on Baker Road and the drop box lanes in front of the post office on the south side. The administration recommended approval. Councilman Pruett moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: OWN 890413 -b Minutes of the Regular Meeting - April 13, 1989 Ayes: Council members Johnson, Simmons, Alfara, Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 5244 AN ORDINANCE AUTHORIZING CHANGE ORDER NO 2 WITH H.P. HAMILTON CONSTRUCTION COMPANY FOR THE LEE DRIVE PAVEMENT REPAIR PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance, Amending the 1988 -89 City of Baytown Budget By Reclassifying Certain Police Department Positions Adoption of the proposed ordinance would amend the police department budget to change one sergeant's position to a lieutenant's position. Presently, the training section of the Staff Services Division of the Police Department is under the immediate supervision of a sergeant. This training sergeant has major responsibilities in several areas of the Staff Services Division including training, personnel matters, budget, purchasing and supervision of staff service employees. Recently, council approved a satellite program for the Police Department to provide more extension training for the department. Since the training officer will be training lieutenants and will be in charge of the records division, the administration recommended that the sergeants position be changed to that of lieutenant. The city manager as well as the chief of police felt that this move would strengthen the organization. The annual cost based on present salaries will be $3,240. The change does not increase total manpower of the Police Department. Councilman Simmons moved for adoption of the ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Alfaro, Fuller and Pruett Mayor Hutto Nays: None 890413 -7 Minutes of the Regular Meeting - April 13, 1989 Ordinance No. 5245 AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BAYTOWN FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988, AND ENDING SEPTEMBER 30, 19897 BY RECLASSIFYING CERTAIN POLICE PERSONNEL POSITIONS. Consider Proposed Resolution No. 1050, Supporting the Baytown Area Women's Center Shelter Grant Application to the Department of Community Affairs Proposed Resolution No. 1050 supports the submission of a grant application to the Texas Department of Community Affairs by the Baytown Area Women's Center in the amount of $75,000. The money from this grant will be used for renovation projects such as roofing, fencing, plumbing, and a security system at the women's center. The grant guidelines have changed to allow the Baytown Area Women's Center to act as the authorized representative. The center will use current staff salaries for matching portion of the grant. Involvement by the city includes a resolution supporting the renovation and providing the environmental assess- ment which will be conducted by Community Development. The administration recommended approval. Councilman Alfaro moved for adoption of the resolution; Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Alfaro, Fuller and Pruett Mayor Hutto Nays: None Resolution No. 1050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PROJECTS CONTAINED IN THE SUBMISSION OF BAYTOWN AREA WOMEN'S CENTER TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR A TEXAS EMERGENCY SHELTER GRANT; AUTHORIZING THE ADMINIS- TRATION TO CONDUCT THE ENVIRONMENTAL IMPACT REVIEW; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 890413 -8 Minutes of the Regular Meeting - April 13, 1989 Consider Proposed Resolution No. 1051, Authorizing the City Manager to Make Application to the Texas Criminal Justice Division for a Grant for a Victim Assistance Program This program works to improve victim cooperation with the criminal justice process in family violence and sexual assault cases. Under the requirements of the grant, during the fourth year, the state will pay 60% of the total project costs, and the city will match with 40% of that amount. For the grant year beginning September 1, 1989, the total project costs will be $30,708, with the state's share being $12,282 and the city's share being $18,426. This amount will have to be included in next year's budget. The state's match for this grant will be discontinued after the fifth year. The fifth year match will be 80/20. The administration recommended approval of the resolution. Councilman Johnson moved for adoption of the resolution: Councilman Alf aro seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Alfaro, Fuller and Pruett Mayor Hutto Nays: None Resolution No. 1051 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION FOR A GRANT FOR A VICTIM ASSISTANCE PROGRAM AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 1052, establishing the 1990 Census Committee In 1990, the Census Bureau will be conducting the census and is initiating numerous promotional and operational projects at the national and local level in order to obtain a complete and accurate count of the United States population. It is important that the local census count be as complete and accurate as possible, not only for the purpose of having a successful census, but in order to insure that the City of Baytown and the State of Texas have their appropriate representation based upon the count 890413 -9 Minutes of the Regular Meeting - April 13, 1989 but in order to insure that the City of Baytown and the State of Texas have their appropriate representation based upon the count of all the population of the area. The Census Bureau has recommended that local communities create and organize a Complete Count Committee in order to reflect the importance of the cooperative relationship and joint commitment by both the Census Bureau and the local community. The role of the Complete Count Committee will be to plan, to implement local publicity outreach activities in order to make everyone in the community aware of the 1990 census, and to motivate everyone to participate in the census. The proposed resolution establishes the 1990 Census Committee which is directed to plan and implement local publicity outreach activities in order to insure that every resident of the City of Baytown is counted in the upcoming census. The mayor is authorized to appoint committee members to serve through the completion of the 1994 census. The number of committee members shall be left to the discretion of the mayor. However, the membership should be large enough to reflect all segments of the Baytown community. Councilman Pruett moved for adoption of the resolution! Councilman Alfaro seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Alfaro, Fuller and Pruett Mayor Hutto Nays: None Mayor Hutto requested input from council for selection of the committee. Resolution No. 1052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE 1990 CENSUS COMMITTEE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 890413 -10 Minutes of the Regular Meeting - April 13, 1989 Discuss Sewer Rate Study This study was presented to council several months ago, and at that time council requested that the administration put the item back on the agenda in April. There has been some discussion over the years about the possibility of making some change in the method that's used for determining the amount of sewer charge. If council elects to make a change using an average of winter months, that change could not be made for another 60 -90 days because of improvements to the computer system. Mr. Lanham noted that in the material furnished to council it was clear that Baytown's rates are lower than most of the cities that were contacted. Under any of the alternate schemes, some customers would pay less and some would pay more. He pointed out that whatever change is made, it is essential that that change be revenue neutral, because council has approved a budget based on anticipated revenue of $3,300,000 to operate that system for this fiscal year. He explained that under the present system, there is a minimum charge of $6.50 for the first 2,000 gallons of water consumed, with a cost on top of that of $1.00 per 1,000 gallons of water used up to a total of 10,000 gallons. That's on residential. There is no cap for commercial customers. The complaints that have been registered through the years are from people who object to paying a sewer charge for water that is used to water lawns. There is really no way to determine how much water is used within the house and how much water is used to water the lawn. The 10,000 gallon cap was established years ago when the assumption was made that anything used above 10,000 gallons did not go into the sewer system. There is no meter for measuring sewer system; therefore, all the cities that were studied, have a system based on water consumption. It appears to be the fairest system even though it is not exact. Mr. Lanham explained further that revenue neutral would mean that if the system is changed so that the cap is different from the 10,000 gallons, then the per thousand gallon cost would need to be raised in order to generate the same amount of revenue that is now being generated by the present system. He acknowledged that it would not be possible to come up with a system that everyone would favor. 890413 -11 Minutes of the Regular Meeting - April 13, 1989 The system that La Forte uses is a system that is based on the three winter months because during the winter people are not watering their yards. The problem with using this system is if for some reason a person has an unusually high usage maybe a leak of some kind, or more water ran through the system than usual, that would affect the amount of money that person pays for the full twelve months. It is very possible that there would be a number of people who would feel that one of the months selected as a basis on which to charge for water consumption was not a typical month. Mr. Lanham ended his presentation by stating that he did not have a strong recommendation one way or the other, and he didn't know if a system could be devised that's a lot better than the one now in existence. In response to an inquiry from council, Mr. Lanham stated that if the cap is changed, then the price per thousand needs to be raised a few cents to bring in the same amount of money. Councilman Simmons had requested the sewer rate study but had not received a copy of the information included in the packet. Therefore, he suggested that a work session be held on this matter. Consent Agenda Council considered the Consent Agenda as follows: a. Proposed Ordinance No. 890413 -3, awards the bid for a 140 mg hard disk drive and an ethernet for a Sperry Computer to Dormer Computer Center in the amount of $4,898. Invitations to bid were sent to three vendors. We received two bids and one no bid. We recommend approval. b. Bids for the 1988 Community Development Project were opened April 6. There were five bidders an the job with the low bidder being Buffalo Excavating and Paving Company of Channelview. Their bid for the project was $208,632.74. The original estimate for the work was $206,000. The Community Development Department has budgeted $219,000 for this job which allows approxi- mately $10,000 for contingencies. 890413 -12 Minutes of the Regular Meeting - April 13, 1989 Buffalo Excavating and Paving performed last year's Community Development Project on Elm Street and also the 1988 Street Improvement Program. Their work was satisfactory and they are well qualified to undertake this project. We recommend approval. C. Proposed Ordinance No. 890413 -5, awards the housing rehabilitation contract for 318 Scott Avenue to Nolasco's Carpentry in the amount of $14,850. Four bid packages were picked up and three bids were received. There was a tie bid between Santos Remodeling and Nolasco's Carpentry. Mr. Santos, a first time bidder, is allowed only one contract and was low bidder on the project at 202 South (Item d). We recommend approval. d. Proposed Ordinance No. 890413 -6, awards the housing rehabilitation contract for 202 South to Santos Remodeling in the amount of $13,455. Four bid packages were picked up and four bids were received. We recommend approval. e. Proposed Ordinance No. 890413 -7, awards the housing rehabilitation contract for 1315 Cypress to Nolasco's Carpentry in the amount of $14,895. Four bid packages were picked up and three bids were received. We recommend approval. f. In preparation for the Park Street Water Tower painting contract, the Engineering Department has contacted Don S. Reichle & Associates and asked them to submit a proposal to provide inspection services on the project. 890413 -13 Minutes of the Regular Meeting - April 13, 1989 This firm has performed similar services for us on three prior projects and has provided excellent results in each case. They are well qualified to perform this highly specialized work. Their proposal indicates a cost of $4,800 for the preliminary inspection work and preparation of contract documents. The cost for inspection work during the course of the painting contract will be determined once a preliminary survey of -the tank is completed. Due to the nature of this work and the specialized knowledge required, the staff feels it is important that the city employ an inspection service for this project. We recommend the city hire Don S. Reichle & Associates to perform the preliminary work at an estimated cost of $4,800, and that they make a cost estimate for their services during the course of the painting contract and submit that to the city for consideration. We recommend approval. g. Consider Proposed Ordinance No. 890413 -9, authorizing payment to brown Maroney 8c Oaks Hartline for services rendered in appeal of Single Member District Lawsuit in the amount of $57342.75. We recommend approval. Councilman Johnson moved for approval of the Consent Agenda Items "a" through "g." Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Alfaro, Fuller and Pruett Mayor Hutto Nays: None 890413 -14 Minutes of the Regular Meeting - April 13, 1989 AN ORDINANCE PURCHASE OF ADMINISTRATIOI OF BAYTOWN OF AND NO/100 890413 -3) Ordinance No. 5246 ACCEPTING THE BID OF DORMER COMPUTER CENTER FOR THE A 140 MG HARD DISC DRIVE AND AN ETHERNET FOR THE V COMPUTER AND AUTHORIZING THE PAYMENT BY THE CITY THE SUM OF FOUR THOUSAND EIGHT HUNDRED NINETY -EIGHT ($4,898.00) DOLLARS. (Proposed Ordinance No. Ordinance No. 5247 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH BUFFALO EXCAVATING AND PAVING COMPANY FOR THE 19BB COMMUNITY DEVELOPMENT PROJECT- -YUPON STREET; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 890413 -4) Ordinance No. 5248 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 88 -01 TO NOLASCO'S CARPENTRY FOR THE SUM OF FOURTEEN THOUSAND EIGHT HUNDRED FIFTY AND NO /100 ($14,850.00) DOLLARS. (Proposed Ordinance No. 890413 -5) Ordinance No. 5249 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 88 -02 TO SANTOS REMODELING FOR THE SUM OF THIRTEEN THOUSAND FOUR HUNDRED FIFTY -FIVE AND NO /100 ($13,455.00) DOLLARS. (Proposed Ordinance No. 890413 -6) Ordinance No. 5250 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 86-03 TO NOLASCO'S CARPENTRY FOR THE SUM OF FOURTEEN THOUSAND EIGHT HUNDRED NINETY -FIVE AND NO /100 ($14,895.00) DOLLARS. (Proposed Ordinance No. 890413 -7) 890413 -15 Minutes of the Regular Meeting - April 13, 1989 Ordinance No. 5251 AN ORDINANCE APPROVING AN AGREEMENT WITH DON S. REICHLE AND ASSOCIATES FOR THE INSPECTION OF THE PARK STREET WATER TOWER; AND AUTHORIZING PAYMENT OF THE SUM OF FOUR THOUSAND EIGHT HUNDRED AND NO/100 ($4,800,00) DOLLARS IN CONSIDERATION THEREOF; AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 890413 -8) Ordinance No. 5252 AN ORDINANCE APPROVING PAYMENT OF ATTORNEY FEES AND EXPENSES TO BROWN MARONEY AND OAKS HARTLINE FOR PROFESSIONAL SERVICES RENDERED IN CAMPOS.,,_ET_AL -VS. THE CITY OF BAYTOWN THROUGH MARCH ----------------------- 31, 1989; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 890413 -9) For bid tabulations see Attachments "A" through "C." City Manager's Report Central Sewer District Wastewater Treatment Plant - The plant has been completed. A tour of the plant is scheduled for April 24 at 4:00 p.m. for city council and members of the Chamber of Commerce Environmental Committee. Baytown Housing Authority - Mayor Hutto announced the appointment of Nestor Moreno to the Baytown Housing Authority Board. There will be an item on the next agenda for council to appoint a member to the Baytown Housing Finance Corporation Board. 890413 -16 Minutes of the Regular Meeting - April 13, 1989 Adjourn There being no further business to be conducted, the meeting was adjourned. 3.3.14 Eileen P. Hall City Clerk Attachment "A" CITY OF BAYTOWN 810 TABULATION Lod: 140 MG HARD DISC DRIVE AND AN ETHERNET OR A SPERRY COMPUTER BID NUMBER: 8903 -52 DATE: 03/28/89 2:00 P.M. I I ! I !DORMER !TEXAS INTEGRATED IUN15Y5 CORP. MEN QTY 1UNITIDESCRIPTION I 1 1 1 1 1_I 1_I !UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICE: UNIT PRICEIEXT. PRICESUNIT PRICEIEXT. PRICE1 ! 1.1 l 1EACHI140 MG HARD DISC DRIVE 1 4,099.001 4,099.001 ! NO BID ! 51255.00! 51255.00i ! 1 1 2.1 1 1EACHIEIHERNET 1 797.001 797.001 ! 1 2,544.001 2.544.001 ! 1 1 1 1 DOTAL: 1 1 41898:001 1 1 1 71799.001 ! 1 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 1 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! w lw Attachment "B" BID TABULATION 1988 COMMUNITY DEVELOPMENT PROJECT: Water, Street & Drainage Improvements to Yupon Street Job No. 8810 -24 April 6, 1989 1. Buffalo Excavating & Paving 2. W. B. Construction 3. Angel Brothers Enterprises 4. Conrad Construction BASE BID $208,632.74 $212,581.50 $233,650.00 $248,272.25 5. Brown & Root USA $282,228.00 U s C N U a �'ITLE: Community Development )10: 88 -02 )ATE April 4. 1989 - CITY OF BAYTOWN BID •TABULATION. Santos Nolasco's' Jose Uranus n___.�_� � __ C'.arnantry [:aA•t 11 n Palton 202 South Housine Rehab Prow. "I, �.iC�1F:l'L7�1111- . 1 : ► �.. • 1 1 1 GROSS LESS OtSCOUNT NET TOTAL TERMS Sri IVFPIY