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1989 08 10 CC MinutesAMN MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August id, 1989 The City Council of the City of Baytown, Texas, met in regular session on Thursday, August 10, 1989, at 6:34 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Mario Delgado Jimmy Johnson Pete C. Alf aro Bobby J. Credille Rolland J. Pruett Emmett 0. Hutto Bobby Rountree Randy Strong Lynda Kilgore Absent: Ray Swofford Councilman Councilman Councilman Councilman Councilman Mayor Acting City Manager City Attorney Deputy City Clerk Councilman The meeting was called to order with a quorum present. Councilman Credille offered the invocation, after which the following business was conducted: Mayor Hutto recognized the Thirteen Year Old Baytown Pony All- Stars. Mr. Dan Foley, President of the Baytown Teenage Baseball Association, introduced the team, along with their coaches and managers. Mr. Foley expressed appreciation to the City of Baytown for the cooperative activity represented by this group of young men. He expressed his appreciation for the fine facility at Jenkins Park, stating that it is one of the best in the state and probably one of the best in the country. Mr. Foley added that the families of the boys, along with the families of some two hundred other boys in the program also need to be recognized and expressed his appreciation to them. Without their support and volunteer activity, the program could not be as successful as it is. Pony Baseball was started in 1951 and PONY is an acronym for PROTECT OUR NATIONS YOUTH. Mayor Hutto read and then presented a proclamation to the team recognizing the honor they have brought to our city as the number one thirteen year old team in the nation. 890810 -2 Minutes of the Regular Meeting - August 10, 1989 Consider Minutes for the Regular Meeting Held on July 27, 1989 Councilman Alfaro moved for approval of the minutes for the meeting held on July 27, 1989. Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Delgado, Alfaro, Credille and Pruett Mayor Hutto Nays: None Abstained: Councilman Johnson Citizen's Communications a. Marian Koontz, Baytown Firefighters Association, will appear to discuss firefighters pay and benefits. Marian Koontz, representative of the Baytown Firefighters Association, stated that she would like to make some proposals that would increase the quality of the fire department service to the citizens of Baytown in return for the tax dollars that are being invested in the fire department. These proposals have been formulated as a result of an ever increasing number of incidents, wage problems, and the dilemma presented by the opening of the Fred Hartman Bridge, which will increase the number of hazardous material calls. Fire Department responses have risen by 32% in 1989, due in part to an increase in the number of EMS assist calls and to more hazardous material incidents. This trend will continue as the city grows and with the additional hazardous material traffic which will result from the opening of the bridge. Also, the department is 21% below the manning level recommended by the State Board of Insurance. For these reasons the following proposals were presented: 1. The addition of three lieutenant three fire fighter positions to man rescue /hazardous materials response would require three promotions additional persons to fill the positions. positions and a combination vehicle. This and three fire fighter MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 10, 1989 The City Council of the City of Baytown, Texas, met in regular session on Thursday, August 10, 19897 at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Mario Delgado Jimmy Johnson Pete C. Al f aro Hobby J. Credille Rolland J. Pruett Emmett 0. Hutto Bobby Rountree Randy Strong Lynda Kilgore Absent: Ray Swofford Councilman Councilman Councilman Councilman Councilman Mayor Acting City Manager City Attorney Deputy City Clerk Councilman The meeting was called to order with a quorum present. Councilman Credille offered the invocation, after which the following business was conducted: Mayor Hutto recognized the Thirteen Year Old Baytown Pony All-- Stars. Mr. Dan Foley, President of the Baytown Teenage Baseball Association, introduced the team, along with their coaches and managers. Mr. Foley expressed appreciation to the City of Baytown for the cooperative activity represented by this group of young men. He expressed his appreciation for the fine facility at Jenkins Park, stating that it is one of the best in the state and probably one of the best in the country. Mr. Foley added that the families of the boys, along with the families of some two hundred other boys in the program also need to be recognized and expressed his appreciation to them. Without their support and volunteer activity, the program could not be as successful as it is. Pony Baseball was started in 1951 and PONY is an acronym for PROTECT OUR NATIONS YOUTH. Mayor Hutto read and then presented a proclamation to the team recognizing the honor they have brought to our city as the number one thirteen year old team in the nation. 890810 -2 Minutes of the Regular Meeting - August 10, 1989 Consider Minutes for the Regular Meeting Held on July 27, 19B9 Councilman Alfaro moved for approval of the minutes for the meeting held on July 27, 1989. Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Delgado, Alfaro, Credille and Pruett Mayor Hutto Nays: None Abstained: Councilman Johnson Citizen's Communications a. Marian Koontz, Baytown Firefighters Association, will appear to discuss firefighters pay and benefits. Marian Koontz, representative of the Baytown Firefighters Association, stated that she would like to make some proposals that would increase the quality of the fire department service to the citizens of Baytown in return for the tax dollars that are being invested in the fire department. These proposals have been formulated as a result of an ever increasing number of incidents, wage problems, and the dilemma presented by the opening of the Fred Hartman Bridge, which will increase the number of hazardous material calls. Fire Department responses have risen by 32% in 1989, due in part to an increase in the number of EMS assist calls and to more hazardous material incidents. This trend will continue as the city grows and with the additional hazardous material traffic which will result from the opening of the bridge. Also, the department is 21% below the manning level recommended by the State Board of Insurance. For these reasons the following proposals were presented: 1. The addition of three lieutenant three fire fighter positions to man rescue /hazardous materials response would require three promotions additional persons to fill the positions. positions and a combination vehicle. This and three fire fighter 890810 -3 Minutes of the Regular Meeting - August 10, 1989 2. Presently, the Texas Commission of Fire Protection and Personnel Standards and Education requires all fire fighters to receive certification as emergency care attendants. Baytown has less than 20% of its personnel trained at this basic level. In view of the increase in EMS assists, there is a need far members to be trained at that level. In addition, a forty dollar a month certification allowance is proposed for members who obtain training at the EMT level. 3. An increase in the employee contribution to the Texas Municipal Retirement System from 6% to 7% is proposed maintaining the current 2 to 1 city contribution with yearly updated service credits. This is offered by many other cities. 4. In the last five years we have received an 8% increase in pay while the consumer price index has gone up 19 %. This represents an 11% reduction in income relative to retail prices. Therefore, a 10% across the board pay increase for city employees is proposed. 5. A pay equity plan for the rank of fire fighter to bring the city in line with civil service law is also proposed. Ms. Koontz stated in closing, that the members of the Baytown Fire Department are ready and willing to meet the challenges of the 90's and look forward to serving the community. b. Robert H. (Bob) Walton, 1702 Ivie Lee, will appear in support of police officers step pay increase and increase in sworn police officer strength. Mr. Walton stated that he is speaking for himself and a group of individuals that represent a typical cross section of civic association members. This group met August 3 and August 7 to discuss concerns regarding Baytown police strength and remuneration. He stated that the every day safety and security of the Baytown citizen from the lawless elements in our society rests on our police force. To accomplish that the following i s needed: 890810 -4 Minutes of the Regular Meeting - August 10, 1989 1. A properly manned police force including a long range manning plan. 2. Highly qualified and dedicated police personnel. 3. Proper police remuneration for this hazardous profession including retirement, insurance and equipment. Mr. Walton stated that it is this groups' opinion that the present day police force (consisting of sworn officers) does not meet all of these requirements. Chief Henscey's letter to City Manager, Hobby Rountree, dated July 26, 1989, advised that the police force is operating under strength with 92 sworn officers (95 with three on the job injuries). Further, the national average for a city with a population of 61,000 should be 2.5 sworn officers per 1,000 inhabitants or 153 officers. This make our manning ration 1.5 and makes us short sixty -one officers. He stated that they are appalled at this statistic. He stated that police strength needs to be increased immediately and long range plans should be implemented to bring the force up to a reasonable manning ratio. The police chief has also recommended a manning plan for the next five years, namely six officers per year for the next five years. This would provide a force of 125 officers by 1994 and a manning ratio of 2.04, assuming no population growth. This long range plan was presented to the adminis- tration and should be implemented. We suggest that consideration be given to increasing police strength over the proposed six officers during the 1989 -90 time frame and tapering off in the later years. We need to play catch up in a hurry, and it is probably too late. Mr. Walton stated that they want police officers to be highly qualified, have high morale, and be dedicated to serving the City of Baytown. They want to keep the experienced officers and attract and pick only qualified individuals to serve this community. It is the opinion of this group that police department morale is low and officers are leaving for higher paying salaries. To retain experienced personnel and lower turnover rates, an officer must have some assurance that future salary progression is forthcoming. This group supports the step plan being requested by the Police Officers Association. Police salaries are below market, and the Baytown citizen is the market. 890810 -i Minutes of the Regular Meeting - August 10, 1989 Now is the time for bullet biting. Unfortunately, the present budget provides only for the status quo. It does not include a future manning plan, nor does it provide for step plan salary increases as a method of retaining police personnel. It is requested that council and the adminis- tration consider these requests together and in detail. Baytown is short of sworn officers, detectives are being placed on patrol and the security of the city is going downhill. Please sharpen the budget pencil and if funds are still short, this group believes the community will support a tax increase that is dedicated to increasing and retaining police personnel. Mr. Walton added that this group is composed of represen- tatives from the West Baytown Civic Association, Lakewood, Flamengo -Eva Maud - Bowie, Chaparral Village, Central Heights, Lantern Park and the Quail Hollow group. Mayor Hutto Recognized Mr. Jim Lyde, Who Had Signed the Roster to Speak Mr. Jim Lyde, Executive Director of the Texas Municipal Police Association, addressed council. Mr. Lyde stated that when he appeared before council at the previous council meeting he assured council that TMPA and the Baytown Police Association were interested in the presentation of a responsible pay raise proposal, serious in nature and responsive to real needs. The group is interested in avoiding adversarial relationships and made the proposal in good faith. They assume and have every reason to believe that the response to this proposal is and will continue to be likewise, professional, serious and sincere. Progress can best be made through good faith relationships. However, there has been some concern expressed on the part of TMPA membership in Baytown regarding a survey provided on the subject of comparative pay situations among Baytown and other police departments. There were two areas of concern: 1. The salary figures given for Baytown were not accurate, as officers presently working in Baytown are not making the salaries enumerated in that survey. 2. The survey contained no salary figures for the cities of Pasadena and Deer Park. Anyone would agree there are no other cities in the world more similar to Baytown than Pasadena and Deer Park. t 890810 -6 Minutes of the Regular Meeting - August 10, 1989 Mr. Lyde felt it would be appropriate and appreciated if the officers of the Baytown Police Association could be assured that the council's deliberations on this proposal would be based on real figures with regard to Baytown and would include salary figures from Baytown sister cities along the ship channel. Mayor Hutto stated that several people had signed up to speak to this item. He asked if anyone disagreed with the presentation made by Mr. Lyde or Mr. Walton or took exception with anything they had stated. In the essence of time, the Mayor asked that unless someone desired specifically to address the council, he would like the minutes to reflect the names of people who signed in support of the two previous speakers. Those are: Roxanne Gillum, Alma Haddick, Joyce Wood, Kelly Corbell, Eva Benavides, and Roscoe C. Ashford. Jerry Bliss stated that people he deals with are willing to have a tax increase if it is going to support the police department request. The police department has a unique situation different from the other city employees in that the drug traffic has created many more life-threatening hazards to police officers and more everyday problems for them on the job. Among the other city employees there has not been as significant a change in their problems or hazards on the job. Stan Turnbull, representing San Jacinto Mall, addressed council. He stated that there have been many meetings at San Jacinto Mall concerning the problems with the Baytown Police Department. They feel the problem is serious and that Baytown is training officers for other cities. This cannot continue. The response time now for Baytown is quite slow on some serious problems. There are good dedicated police officers in Baytown, but they will not stay without good pay and competitive pay with other cities in this area. He stated that he would not get into how much taxes the mall pays yearly, but as far as staff and management is concerned, they would consider whatever tax increase it takes to settle this problem. The problem needs to be addressed now as it is only getting worse. Councilman Aif aro asked Mr. Turnbull if he could tell him the response time at the mall. Mr. Turnbull answered that just last week there was an incident at the mall involving a man with a gun. The response time was approximately seventeen minutes. Mr. Turnbull stated that this is not typical. Three and four years ago response time was three or four minutes. Officers were tied up with other serious calls, and mall security had to handle the problem themselves. 890810 -7 Minutes of the Regular Meeting - August 10, 1989 Robert E. Swint stated that with the completion of the Fred Hartman Bridge there will be a large influx of people, cars and more business and the police department needs to be staffed -up prior to that time or there will really be problems. Councilman Pruett stated that Acting City Manager, bobby Rountree had informed council earlier during a budget work session that turn -over in the city departments is running about the same as in the police department, especially in the waste water treatment plants. Receive Annual Audit Report Jim Gerace, with Gerace, Andrews and McQueen, stated that council had received the audit report in their packets. He added that he would not cover the report page by page but would cover a few highlights. The total assets for all funds in 1988 were $150,000,000 as compared to $149,000,000 in 1987. The total fund equity or the net worth of the city in 1988 was $95,000,000 compared to $91,000,000 in 1987. The revenues in the governmental funds in 1988 were $25,000,000 and in 1987 they were $23,000,000. The excess of revenues over expenditures for 1988 was $1,000,000 compared to a million dollar loss last year. The total revenue in the Proprietary Funds in 1988 was $10,000,000 with a net profit of $47000,000. All in all the city did a good job in managing its affairs. Councilman Alfaro stated that he really appreciated the management letter. Consider Proposed Ordinance Prohibiting Smoking in Public Places Randy Strong, City Attorney, summarized the proposed ordinance for council. Currently, when a person walks into a building or public area, most presume that smoking is permitted unless there is a sign posted reading "No Smoking." This 890810 -8 Minutes of the Regular Meeting - August 10, 1989 ordinance would reverse that presumption. Public places and public buildings are going to be designated as no smoking by this ordinance. With this ordinance a person can assume that smoking is prohibited unless there is a sign designating a smoking area. Specifically, a public place is any enclosed, indoor area (F11 that is used by the public or that serves as a work place. The ` ordinance lists public places, as retail stores, grocery stores, restaurants, schools, government buildings, theaters, movie houses, courtrooms, library and places of employment. This definition does not include a stadium because it is not an enclosed indoor area. The definitions of smoking are covered in the ordinance covering any use of tobacco except snuff or chewing tobacco, only lighted tobacco products. The ordinance provides that it is an offense if a person smokes in a public meeting or public place and it is not a designated smoking area. As this is a health related ordinance, the maximum fine could be $2,000. The ordinance also provides that the no smoking ban would not apply if it's a private event where a group has control over a room or building for an event. The group would determine the smoking arrangements in that situation. Under the ordinance, the proprietor or person in charge of a public place who desires to allow smoking will have to designate smoking areas and post signs showing those areas. The ordinance does not require that the person make structural or physical changes to the building but should use existing physical barriers and ventilation systems to minimize the effect of smoke on the adjacent non - smoking areas. The ordinance does require employers to develop, implement and maintain a written smoking policy that accommodates the wishes of smoking and non - smoking employees by designating areas for both. The work place as defined under this ordinance is a public area. The ordinance allows the owner of a restaurant which seats more than twenty -five people to designate smoking and non - smoking areas in proportion to the size and the number of customers normally requesting a smoking area. The ordinance does not prohibit him from declaring the restaurant in its entirety non- smoking. There are certain areas that cannot be designated as smoking areas under any circumstances. These include elevators, schools buses, restrooms, service lines, or cashier areas. The ordinance provides that there are certain types of areas that can be designated as smoking in their entirety. They include smaller restaurants seating twenty -five customers or less, grocery stores of less than 41000 square feet, and a bar or retail store that primarily sells tobacco. If any of these locations are designated as smoking in their entirety, signs must be posted. 990810 -9 Minutes of the Regular Meeting - August 10, 1989 The ordinance covers the location and visibility of signs, providing facilities for extinguishing smoking materials, and provides that this ordinance be administered by the Director of Health. Mr. Strong stated that this ordinance is modeled after House Dill 458. Legislation was submitted to the Texas Legislature that passed the Senate but did not make it out of the House. This will probably be resubmitted at the next legislature in the same form, so we have used the state proposed legislation as a model for our ordinance. It is also very similar to the model ordinance recommended by the Texas Department of Health and American Lung Association. Mr. Strong added that since this draft had been sent to council he had been contacted by some council members with some recommended changes. A handout was provided to the council members at that time. There were four recommended changes as follows: Changes (d)(4) to read: 4. The proprietor or person in charge of a restaurant that has a seating capacity for more than 25 persons, and that wants to have smoking and non - smoking areas shall designate a smoking area proportionate in size to the number of customers normally requesting a smoking area. This ordinance does not prohibit a proprietor or person in charge from designating a restaurant in its entirety as either a smoking area or nonsmoking area. Change (d) (5) (e) to read: (e) A service line, cashier area, over the counter sales area, or common traffic area, unless the public place has been designated in its entirety as a smoking area; or Change (d)(6) to read: (6) If the proprietor or person in charge of a public place designates it as a smoking area in its entirety, that fact shall be posted conspicuously at all entrances to the premises. In addition, signs prohibiting smoking shall be posted in areas that may not be designated as smoking under subsection (d)(5). 890810 -10 Minutes of the Regular Meeting - August 10, 1989 Add Section (i) to read: (i) Nothing in this ordinance shall prohibit the proprietor or person in charge of public place from adopting non- smoking requirements that are more restrictive than those set forth in this section. Mayor Hutto Recognized the Following Persons Who Had Signed the Roster to Speak to This Item Rocky Rodriguez stated that Mr. Strong presumes that everyone who walks into a department store or other place of business will assume that smoking is permitted. That is wrong. A lot of operations are already covered by federal and state law, hospitals and courtrooms for example. Even this council chamber, showing that areas for smoking and non - smoking can be dictated. Several businesses in town have already gone that route. They didn't wait for this ordinance. There is a business in town that is non - smoking, but this was a decision made by the owner not dictated by ordinance. The proposed $2,000 fine would be unfair to the person who accidentally lights up a cigarette, plus who will enforce the ordinance. There is already a shortage of police manpower. Mr. Rodriguez stated that Baytown is in the center of an industrial petrochemical complex. There is no fresh air in Baytown. This is more hazardous than a cigarette. E.C. Biddle addressed council opposing the proposed ordinance by stating that chemical refineries make his living and he has to breathe that air. He believes it's more hazardous to your health than cigarettes. Mr. Biddle does not want anyone to say he can't smoke. He cited the new ruling passed by the School Board regarding smoking in the stadiums. He stated that he did not have $2,000 to pay a fine, and feels that a fine for smoking a cigarette amounts to a police state and he does not believe in that. Doug Huddle addressed council in favor of the ordinance stating that the time has come for Baytown to pass an ordinance regulating smoking. Lung cancer in women is on the rise basically due to tobacco. One in seven people in the United States die as a direct result of smoking. It was stated before the legislature started this last session that it would take approximately a :2.00 tax increase per pack just to keep up with the health care cost that is imposed on the taxpayers of Texas as a result of cigarette smoking. It is a detriment, and the people with allergies, emphysema and respiratory problems are all 89081© -11 Minutes of the Regular Meeting - August 10, 1989 counting on the ordinance to pass. Also, proprietors have indicated that even if they have no smoking signs posted and someone decides to smoke anyway, there is really nothing they can do. If this ordinance would pass, it would help this situation. Joe Nieto appeared to voice his opinion against the ordinance. He said that he obeys the no smoking signs in businesses but he objects to the $2,000 fine. Mr. Nieto stated that a man with a habit of smoking could accidentally light up a cigarette and would then face the fine. He feels this is not fair and he is being discriminated against. He asked the question, who pollutes more, a smoker or industry? Mr. Nieto stated that he is a member of BCAP, Baytown Citizens Against Pollution, and is concerned about cleaner air, but feels the penalty provision of the ordinance is too high. Mayor Hutto commented that several speakers have referred to the $2,000 fine, and he clarified that that is the maximum fine, the fine could be as low as a dollar. Councilman Alfaro moved to adopt the ordinance with the addition of Section i, stating that it is the same ordinance that was in the July 27, 1989 packet, and it has appeared in the Baytown_ _Sun. Baytown would not be the first city to pass this type of ordinance. There are at least thirty -two other cities including Austin, Corpus Christi, Dallas, Del Rio, Houston, Lubbock, and San Antonio that have already adopted similar ordinances and many cities that are currently considering ordinances. There was some discussion to clarify the motion. Council discussed the rights and choices of the proprietor and that he could decide for his business to be a totally smoking establishment, but he would have to post a sign to that effect. Councilman Alfaro restated his motion that the ordinance be passed to include all the changes indicated in the handout. Councilman Pruett made comments concerning the rights of smokers and asked if the city attorney had used ordinances from other cities to draft this one. Mr. Strong responded that he had seen the ordinance from the City of Austin and Houston and although the wording is not the same, the concept is. Councilman Pruett stated that this is not what he had in mind in regards to a smoking ordinance. He feels that the ordinance passed by the City of San Antonio is one of the better ones and would like to hold off on this item until a copy can be obtained from San Antonio. 890810 -12 Minutes of the Regular Meeting - August 10, 1989 Councilman Johnson stated that he had no problem with waiting two more weeks to act on this. Also, he would like to have more than just a couple of days to look at the ordinance from San Antonio. Councilman Delgado added that he felt a work session would give smokers input into the ordinance. The motion died for lack of a second. Consent Agenda: The Consent Agenda was considered as follows: a. Proposed Ordinance No. 890810 -2, authorizes an Industrial District Agreement with J.M. Huber Company. The contract is in compliance with the new industrial district policy approved by City Council. The Exxon and Chevron industrial district contracts were approved earlier this year. We recommend approval. b. Proposed Ordinance No. 890810 -3, authorizes an Industrial District Agreement with Advanced Aromatics. The contract is in compliance with the new industrial district policy approved by City Council. The Exxon and Chevron industrial district contracts were approved earlier this year. We recommend approval. C. The Municipal Election on June 3 required the rental of the polling places listed below. The Election Code provides that the city must utilize a public facility when possible to hold its elections. These polling places are utilized by the school district, Lee College and the county. The school district would be the sole source provider. a 890810 -13 Minutes of the Regular Meeting - August 10, 1989 Jessie Lee Pumphrey Elementary Lamar Elementary Ashbel Smith Elementary Horace Mann Jr. School San Jacinto Elementary William B. Travis Elementary Carver -Jones Elementary Stephen F. Austin Cedar Bayou Jr. School James Bowie Elementary Alamo Elementary Rental costs to Goose Creek Schools totals $2,152.50. We recommend approval. d. Proposed Ordinance No. 890810 -5, awards the bid for resurfacing of exposed aggregate walkways at the City Hall and Community Building to Progressive Chemicals in the amount of $10,353. We recommend choosing Item 1 and 2 of the Alternate Bid, which will include installing the non -slip surface over the full width of the sidewalk and entrance way at both locations and will include the wheelchair ramp at the Community Center. Invitations to bid were mailed to five vendors and we received two bids. We recommend approval. e. Proposed Ordinance No. 890810 -6, awards the bid for biomonitoring analysis to Bio- Aquatic Testing, Inc. in the amount of $17,600. The testing is for the East and West District Treatment Plants. Invitations to bid were mailed to three vendors and we received three bids. We recommend approval. f. Proposed Ordinance No. 890810 -7, awards the annual storage battery contract to Associated Battery Supply in the amount of $9,436.40. Invitations to bid were mailed to six vendors and we received four bids. 890810 -14 Minutes of the Regular Meeting - August 10, 1989 We recommend approval. g. Proposed Ordinance No. 890810 -8, awards the annual data processing paper contract to O.E.I. Business Forms in the amount of $7,180.10. Invitations to bid were mailed to seven vendors and we received four bids. We recommend approval. h. Proposed Ordinance No. 890810 -9, awards the annual rat bait contract to B & 6 Chemical & Equipment in the amount of $2,120. Invitations to bid were mailed to six vendors and we received three bids. This is distributed by the Health Department. We recommend approval. i. Proposed Ordinance No. 890810 -10, authorizes renewal of Telephone Maintenance Agreement for City Hall and Parks Service Center. We recommended renewing the telephone maintenance contract with ICC for the amount of $3,980. The contract will be in effect until July 31, 1990. We recommend approval. j. Proposed Resolution No. 1066 confirms the declaration of the existence of an emergency an the first day of August, 1989. We recommend approval. k. David M. Warren, 5115 Sjolander Road, has requested water service outside the city limits. The city has a 12" water line in front of his house which is capable of serving his needs. Mr. Warren has agreed to pay all necessary fees for service. We recommend approval. t' 890810 -15 Minutes of the Regular Meeting - August 10, 1989 Councilman Delgado expressed his concern for the lack of local businesses receiving some of these contracts. Mayor Hutto stated that this had been historical. Councilman Pruett moved to adopt the Consent Agenda Items "a" through "k." Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Delgado, Johnson, Alfaro, Credille and Pruett Mayor Hutto Nays: None Ordinance No. 5319 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH J.M. HUSER, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 890810 -2) Ordinance No. 5320 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH ADVANCED AROMATICS, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 890810 -3) Ordinance No. 5321 AN ORDINANCE AUTHORIZING THE PAYMENT OF TWO THOUSAND ONE HUNDRED FIFTY -TWO AND 501100 ($2,152.50) DOLLARS TO GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AS TO THE COST FOR UTILIZATION OF CERTAIN SCHOOLS AS POLLING PLACES FOR THE JUNE 3, 1989 MUNICIPAL ELECTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 890810 -4) MUM 890810 -16 Minutes of the Regular Meeting - August 10, 1989 Ordinance No. 5322 AN ORDINANCE ACCEPTING THE BID OF PROGRESSIVE CHEMICALS, INC. FOR THE RESURFACING OF EXPOSED AGGREGATE WALKWAYS AT CITY HALL AND COMMUNITY CENTER AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TEN THOUSAND THREE HUNDRED FIFTY -THREE AND NO /100 (:10,353.00) DOLLARS. (Proposed Ordinance No. 890810 -5) Ordinance No. 5323 AN ORDINANCE ACCEPTING THE HID OF BIO- AQUATIC TESTING, INC. FOR BIOMONITORING ANALYSIS FOR THE EAST AND WEST DISTRICT TREATMENT PLANTS AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SEVENTEEN THOUSAND SIX HUNDRED AND N0 /1O0 ($17,600.00) DOLLARS. (Proposed Ordinance No. 890810 -6) Ordinance No. 5324 AN ORDINANCE ACCEPTING THE BID OF ASSOCIATED BATTERY SUPPLY FOR THE ANNUAL STORAGE BATTERY CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF NINE THOUSAND FOUR HUNDRED THIRTY -SIX AND 401100 ($9,436.40) DOLLARS. (Proposed Ordinance No. 890810 -7) Ordinance No. 5325 AN ORDINANCE ACCEPTING THE BID OF O.E.I. BUSINESS FORMS FOR THE ANNUAL DATA PROCESSING PAPER CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SEVEN THOUSAND ONE HUNDRED EIGHTY AND 10/100 ($7,180.10) DOLLARS. (Proposed Ordinance No. 890810 -8) Ordinance No. 5326 AN ORDINANCE ACCEPTING THE BID OF B .9< G CHEMICAL AND EQUIPMENT FOR THE ANNUAL RAT BAIT CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND ONE HUNDRED TWENTY AND NO /100 ($2,120.00) DOLLARS. (Proposed Ordinance No. 890810 -9) 890810 -17 Minutes of the Regular Meeting - August 10, 1989 Ordinance No. 5327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE EXTENSION OF THE MAINTENANCE AGREEMENT FOR THE CITY HALL TELEPHONE SYSTEM WITH INTERTEL, INC.; PROVIDING FOR THE PAYMENT OF THREE THOUSAND NINE HUNDRED EIGHTY AND NO /100 ($3,980.00) DOLLARS FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 890810 -10) Resolution No. 1066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONFIRMING THE DECLARATION BY THE ASSISTANT EMERGENCY MANAGEMENT AND PREPAREDNESS DIRECTOR AND THE EMERGENCY MANAGEMENT AND PREPAREDNESS COORDINATOR OF THE EXISTENCE OF AN EMERGENCY ON THE 1ST DAY OF AUGUST, 1989. For bid tabulations see Attachments "A" through "E." Consider Appointment to Traffic Commission. These appointments will be made at a future meeting. Consider Appointment to Baytown Area Water Authority. Councilman Johnson moved to reappoint Robert Gillette, Dan Mundinger and A.S. "Skip" Rome to the Baytown Area Water Authority. Councilman Alfaro seconded the motion. The vote follows: Ayes: Council members Delgado, Johnson, Alfaro, Credille and Pruett Mayor Hutto Nays: None 890810 -19 Minutes of the Regular Meeting - August 10, 1989 Consider Appointments to Parks and Recreation Advisory Board. Councilman Pruett moved to reappoint Henry Armstrong to the Parks and Recreation Advisory Board and to hold the other appointment open until the next meeting. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Delgado, Johnson, Alf aro, Credille and Pruett Mayor Hutto Nays: None City Manager's Report Entex - The administration has received a letter from Entex regarding a rate adjustment. It is not necessary to hold a public hearing on this. The cost to the average residential customer will go from $30.35 to $31.30 or an increase of ninety - six cents per month for an average usage of 5,200 cubic feet. This increase will make the cost of gas $6.89 per customer per month less than in February of 1983. Brush Pick -up Report - Herb Thomas, Assistant Director of Public Works, reported that since the storm of August 1, city crews have picked up about 10,000 cubic yards of brush. The crews are about half way through the city. The job should be completed one week from tomorrow. The total pick up will be about 20,000 cubic yards of brush. Typically, that is about four months worth of brush. Permission was requested from the Texas Air Control Board to do some open burning in the city. Permission will be granted tomorrow morning. The burning will take place in one area at the tip of Bayland Park. The city manager complimented the staff on the fine job they are doing in handling this brush pickup. 1988 Community Development Project - Yupon Street is about 98% complete and only lacks some clean up work. 890810 -19 Minutes of the Regular Meeting - August 10, 1989 Questions and Comments from Council In response to a question from Councilman Alfaro regarding the Julie Ann Villa Study, the City Manager suggested a work session be held on September 28, 1989 to discuss this item. Recess into Executive Session to Discuss Pending Litigation Mayor Hutto recessed the open meeting into executive session to discuss pending litigation. When the open meeting was reconvened, Mayor Hutto announced that no action was necessary as a result of the executive session. Adjourn There being no further meeting was adjourned. Approved By: Eileen P. Hall City Clerk 3.3.3 business to be transacted, the Lynd K "lgore Depu y City Clerk W CITY OP DITTO" BID TIBULITION .R: RISURPICIIG 1IPOSID 1GGRIGITI SIDBIILI IT CITY BILL IND COMMUNITY CBITSR BID 19NBRR: 8905 -69 Dill: 01/01/89 2:00 P.M. Attachment "A" I I I I IPROGRBSSIVI CIRNICILSIC018111, B i S C01ST. I I I 1I19MI I I QTY IUBIT I IDISCRIPTI01 I I IUNIT PRICSISIT. I 1 I I PRICRIUBIT PRICSIRIT. PRICRIUIIT RICP 1111T. PRICRIUNIT PRICRIRIT.,PRICRI 11. 1 1 MOT ICIT1 RILL BUILDING i 2,222.001 2,222.001 3,922.501 31922.501 1 I I I 12. 1 I I 1 ILOT I ICONNUIITI BUILDING I I 21115.001 1 1 20115.001 I 18012.501 1 18112.501 I I I 1 ( I I 1 1 MILL 1 ( 1 I 1 5,037.001 1 1 1 I I 78935.001 I I 1 1 1 I I 1 I I 1 111,12HITB BID I I I I 1 I I I I I 11. 1 1 MOT ICITY BILL 1 4,697.001 48097.101 71000.001 78000.001 1 1 1 1 12. 1 1 1 1 ILOT 1 ICONNUIITI BUILDING 1 1 6,256.001 1 1 61256.001 1 9,100.001 9,100.001 1 1 1 I 1 1 1 1 1 1 1 1 110111 1 i 1 I 1 108353.001 1 1 1 1 1 1 I 16,000.001 1 1 1 I 1 1 1 1 I 1 1 ILOCITION IBOUSTON TI 111I1011 TI I 1 1 1 1 I W Attachment "B" w CITI OP IIITONI BID TIBULITION 1I11,11: IIONONITORING 11I1,I9I8 III IMU: 1906 -13 Ulf: 11/02/19 2:00 P.M. I I I 1 I1I0- 10U1TIC 118II16 I1U0 CORPORI1I01 11101 CONSULTING I I IIlill 01I IUIIT IDISCRIPTIOI I I I I I I I I I IUlIT PRICIIRITLPRICIIUIII PRIC1I111, PRICRIUNIT PRIC11111,_ RICRIUIIT PRIC111I1. PRICRI 1 1. 1 1 11181 INISIDOPSIS 818I1 ?IS? 1 18200.001 91100.101 11200.001 91610.001 11125.001 91100.101 I I I I 1 Il18T ICIP11110DO1 1111201TUS 1 11000.001 1,000.001 1,200.001 9,600.001 1,110.001 11,520.001 I 1 I I 1 Ills! I I I I I I I I I I 1 110111, 1 1 11,10 /.101 1 19, 266.001 1 21, 520.101 I I I I 1 1 1 1 I I 1 I I I I I I 1 ILOCITION ICIRROLLTON TI 110USTON TI HOUSTON TI I I I I I I I I I 1 I I I I I I I I I I I I 1 I I I I I I 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I i I I I I I I I I I I I i I I i I I I I I I I I I I I I I I I I I I I I I 1 I I I 1 I 1 1 I I I 1 I I 1 I I I I I I I I I I I { I I I I I I I I I I I I I I I I I I I I I t i I I I t I 1 I I I I I I I I I 1 I I I I I I I I I I I I I I I I i I I I I I I I I I i I I I I I I I I I I I I I I I i I I I I I I I f I I I i I I I I I I I I I I I I I 1 1 I I I 11 I I I I I I I I I I I I I i I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I 1 1 I I I I I CITY OF BAYTOWN BID TABULATION (OKLE: ANNUAL STORAGE BATTERY CONTRACT BID NUMBER: 8906-80 DATE: 07 -18 -89 02:00 P.M. Attachment "C" 1 1 : 1 ASSOCIATED BATTERY 190VCO MARTON AUTO (BATTERY FACTORY ; ITEM; BTY !UNIT :DESCRIPTION ! ! WHIT PRICEIEXT. PRICE:UNIT PRICE:EXT. PRICQUNIT PRICE:EIT. PRICE:UNIT PRICEIEIT. PRICE; 1 1.: 40 !EACH 1 DELCO FREEDOM, 8960 1 38.45; 1,538.00! 37.391 1,495.601 52.62: 2,104.80! 42.751 1,710.00 1 2.1 48 !EACH 1 MOPAR 34 43.90: 21107.20: 46.69! 2,241.12; 57.72. 21770.56: 50.00: 21400.00! 1 3.1 64 !EACH : TYPE 27 ! 41.701 2,668.801 46.6911 2,988.16: 56.1711 31594.88: 50.9511 3,260.801 s 4.! 6 !EACH 1 MOTORCRAFT - BI -65 ! 54.901 329.401 77.89: 467.34: 78.63 471.781 70.001 420.001 1 5.1 4 !EACH 1 TYPE 4D 1 81.901 351.60: 105.191 420.761 128.4411 513.76. 112.50: 450.00: : 6.: 2 :EACH : TYPE BD 1 102.20. 204.401 130.001 260.001 152.741 305.48. 124.50: 249.001 1 7.1 2 !EACH 1 TYPE 2VHD : 41.70: 83.40: 42.01: 84.02: 40.81: 81.62; 36.15: 72.30: 1 8.1 12 !EACH 1 TYPE 31YHD 10 51.60: 619.20: 52.60: 631.20: 74.491 893.881 62.00: 744.00: 1 9.1 10 :EACH 1 TYPE 3 EH 1 54.901 549.00: 58.39: 583.901 63.80: 638.00: 53.00: 530.00: 1 10.1 26 !EACH : TYPE 24 16 37.90: 985.40: 37.39: 972.14: 51.34: 19334.84: 42.751 1,111.50: , , , , , , , , , , , , , , , , TOTAL : 1 91436.401 1 10,144.241 1 121709.601 11 10,947.60! It 1 . 1 ; DELIVERY 1 7 DAYS ARC 1 2 DAYS ARC 1 NOT SPECIFIED 1 5 DAYS ARC 1 ' LOCATION "SPRING ; TX BAYTOA , TX ;BAYTOWN , TX = BAYTOA TX It 61 16 , , , , , , , , , , It , , , , It _ 10 CITT of 11Ito11 AID VISM11I01 11162: 1110AL D111 PROCBSSIIC PIPER COMIC? III 101121: 1906 -12 DITI: 11 -19 -11 02:00 P.K. Attachment "D" I 1 I 1 10.1.I. 108I1188 10IK8100LF CO181 PAP1R I0111 DOMIIIS IKOORR IOSIIBSS FORKS I 1IM1 011 101I1 IDRSCRIP1I01 I I I I 1 10111 PRIC110111 PRIG1 PRICRIEIT. I„ I 1 1.1 310 I 1 1 1 I 1 PART 14-7/1111 PRICRIM, 1 5.101 21910.101 1111. 21.111 2RIC2101It 1,43.001 ,PRIC111I1,„211cliyill 10.261 31111.001 12.341 PRICBI 3,112.001 I 2.1 90 1 K 1 2 PUT 14 -1/1 111 1 20.151 11116.501 36.191 3,251.101 22.111 1,995.301 21.001 2,430.001 1 3.1 20 1 1 1 4 P111 14 -1/1 111 1 45.431 901.601 41.131 100.601 $0.311 1,001.60 56.511 1,130.201 1 1.1 225 1 K t 1 PART 9 -1/2 111 1 6.601 11415.001 11.231 4,101.151 1.53 1,694.251 1 1.511 1 1914.751 1 1 I I I I I I I I 1011E I 1 1 1 1 1 1,110.101 I I 1 1 1 1 1 11,102.151 I I 1 I 1,115.151 i I I l,U6.951 I I I 1 1 I I I DILIFBRI I 1 2- 3 DIIS 110 I I I I 2 DITS I 110 1 i 41 IRS - 2 I D11S no 1 I 48 IRS ARO I I I I I I I I I I I I I I I I I I I I I 1 i I I I I I I 1 I ! 1 1 1 I I I I I I I I I I I 1_I I 1 1 i I I I I I I I I I I I I I I I I I I I LOCATION I i i I I I I I I I I I I I I I I I I I ( I I I I HOUSTIQN, TX iCLUTE Tg I 1 I I I i I I I I 1 I t I I I I I I I I I I I I I I I I I 1 1 I I I 1 I I I I I I I I I I I I I I I 1 I I I I i I I I I I I I I 1 I I I f I I I 1 I I I I I I 1 I I 1 I I t 1 1 I I I I f I I I I I I 1 I I HOUSTOf I I I I I I I I I I I I I I I I I I I 1 I TX 1HOUSTON I I I I ! I I I I 1 t I I I I I i I I I I I I I I I I I 1 I I I I I I I I I i 1 I I TX I I I 1 I 1 I i I I i i I I 1 I I I I I I rM CITY of B►I7011 BID TUULATIO1 7ITLB: UNUAL NIT BAI7 COMIC? SID BUNBBR: 1906 -I5 0179: 11102109 2:00 P.N. Attachment "E" 1 1 I I I B A 0 CBINICAL 11U VITBRS I BOCIRS I COITROL SOLUTIONS I i II7BN) Q!I IUMIT IDBSCRIPTI01 I I I I 1 1 I I I MIT PRICRISIT,,PRICBIUIIT 111CRIBIT, PRICRIUIIT PRICBIBIT._PRIC IUBIT PRICBIBIT. PRICBI t 1. 12,OROILBS. MIT BAIT I 1.06 1 2120.00 1 1.34 I 2710.00 1 1.10 I 3610.00 1 1 I 1 1 I I I I I I I I I I I i I I I LOCH101 I BoUS70N ( HOUSTON I PASHRIA I I I I I I I I I 1 I I t I I I I 1 I I DBLIRRi 1 7 DAIS ARO I 7 -10 D►IS no I BOT SP9CIPIRD I I I I I I I I I I I I I I I I 1 1 I I I I I I I I I I I 11 I I I I I I I I I I I I i I I I t I I I I I I i 1 1 I I I I I I I I I I I I I 1 I I I I I I I I I I 1 1 I I I I I I I I I I I I I I I I I I I I ! I I I 1 1 I I I I I I I I I I I I I I I I I I I 1 1 I I I I I I I I 1 I I I I 1 I I I I I I I I I 1 I I 1 I I I I I I I 1 I t 1 I 1 I I I I I I I I 1 I I I I I 1 I I I I I I I I 1 I I I 1 I i I I I I I I I I I I I 1 1 I I I I I I I I I I I 1 1 1 1 I I I I I I I 1 I I I 1 1 I I I I I I I I I I I 1 I I I I I 1 1 I I I I l I 1 i I I I I I I 1 I I I I I I I I i I I 1 I I I i I i I I I I 1 1 1 I I I I I I I I I I I 1 I I I