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1977 04 14 CC Minutesi 6211 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 14, 1977 The City Council of the City of Baytown, Texas met in regu- lar session Thursday, April 14, 1977, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Jack Kimmons Ted Kloesel Mary E. Wilbanks Emmett 0. Hutto Allen Cannon Tom Gentry Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor Fritz Lanham City Manager Neel Richardson City Attorney Eileen P. Hall City Clerk Dan Savage Assistant City Manager Mayor Gentry called the meeting to order, and the Reverand J. P. O'Sullivan, Pastor of St. Joseph Catholic Church, offered the invocation. Approve Minutes Councilman Hutto moved to approve the minutes of the regular meeting of March 24 and the special meetings held March 29 and April 11 and ratifications of action taken concerning each of the matters listed on the agendas of said meetings. Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Receive Petitions None were presented. City Manager's Report Airport Grant - A letter was received from the Department of Transportation Federal Administration advising the City that the application for an airport planning grant had been approved, and that the grant offer itself would be forwarded to the City from the Houston office at which time the consultant will start to work. Flood Control Ditch - Ken Powers, City Engineer, received a letter from Gordon Smith with the Flood Control District that in- dicated their intentions to proceed with the flood control ditch improvements in the Lakewood area with the exception of that por- tion involved directly in the pipeline right of way. Bids will be taken for the entire project instead of the box culvert solely. Since the stabilization of the area is progressively getting worse with every inspection, Busch Hutchison has been appointed to devel- op plans for stabilizing this area from Baker Road through the Country Club subdivision. Accident Investigation - As a result of Council's request, the Administration consulted the Police Department concerning City policy regarding investigation of accidents in rdlation to the state law requirements and the City ordinance requirements. Mr. Lanham, City Manager, first explained the duties of the citizen to other citizens. State law requires the citizen to stop and render aid in case of injury or death and to give information in case of 6212 Minutes of the Regular Meeting - April 14, 1977 injury or death of a person; it does not require them to notify the police in case of property damage only. The Baytown ordi- nance, however, does make that requirement. With regard to duty of the citizen to report to the state, the citizen must report if there is injury or death or damage of property in the excess of $25.00. With regard to authority of the police, State law requires that the police must investigate in case of injury or death, and the police may investigate if there is $50.00 or,more damage of property. City ordinance provides that investigation must be made in case of injury or death and may be made if damage is 50.00 or more. The police must report to ttie state within 10 days all accidents that have been investigated. It is the practice of the City of Baytown to investigate accidents that are reported. In re- gard to the possible excess of police cars at the scene of an acci- dent, Chief Turner has issued an order delegating one patrol unit at minor accidents to determine the need for additional manpower; at major accidents any unit not performing a necessary function should leave the scene. Councilman Kloesel expressed the desire for the repeal of that portion of the ordinance which provides that accidents of $50.00 in damages be reported, or, if this is not possible, he pro- posed that the amount be increased; he asked that ordinance(s) be prepared for Council's consideration and that this item be placed on the next agenda. Councilman Lander requested additional information concern- ing the percentage of accidents involving alcoholic beverages. He felf that this factor may influence Council's final decision. Bob Smith Storm Sewer - The only work remaining on the Bob Smith Storm Sewer Project is the repair of a couple of driveways, intersections, road crossings, and the completion of general clean- up. The entire project should be completed within the next few days. 7 Mock Disaster - The Civil Defense Department and the Medical Health Coordinator have scheduled the annual disaster drill for May 7. Natural.Gas Rate Increase - As a result of Council's request for additional information from Entex, Inc., Mr. Lanham reported that the information concerning sales promotional expenses had been submitted by Entex representatives; this concludes all the information that was requested. Mr. Richardson, City Attorney, briefed the Council on time constraints in.connection with the Entex application for increase in rates. Depending on the Effec- tive Date of the rate increase, the deadline to take action on the rate increase will be either the first part of June or the first part of September. On the question of whether the Council could take action at this time, Mr. Richardson advised that this would be legal. However, in determining the Effective Date of the rate increase, he added that clarification has not been obtained and that there is no case law on the subject. Mr. Richardson said that he did write to the Railroad Commission who serves in an ad- visory capacity to cities when regulating gas utilities, and this Commission could not provide proper clarification on the actual Effective Date of increase. Mr. Lanham explained that the gas company is anxious to have the matter acted upon, but that he did not feel that he should put the item on the agenda until Council indicates they are ready to review it. Councilman Kloesel asked that the Administration made a recom- mendation regarding Entex's request concerning rate increase. Mr. 6213 Minutes of the Regular Meeting - April 14, 1977 Lanham said that he felt that the Administration did not have any- one qualified as rate experts. Mayor Gentry concurred that the City staff was unable to make this type of determination and that the City could certainly hire rate experts if Council so desired or ask Entex to furnish additional information if this was neces- sary; but, in any event, Council needed to make a decision in the near future concerning this matter. Councilman Lander said that he felt Council could make a determination from the information presented by Entex, and that a rate expert could only verify Entex's information which he himself already felt to be factual. In response to inquiry of Council regarding what other cities in that same situation have done, four courses of action seem to have been prevalent: (1) granting the increase; (2) turning down the increase; (3) granting increase with partial approval; or, (4) taking no action at all resulting in the gas company's withdrawal of the original request and filing an even higher request. Councilman Kimmons felt that since the City did not have any rate experts; that Council really was not competent to hold a rate hearing; and that the City could not afford to hire any experts, he asked that the City prepare a resolution requesting the City of Baytown become a part of the Houston Metropolitan Rate Area and participate in their integrated system so that Baytown could lean on the City of Houston's rate experts. Mayor Gentry suggested that this item concerning Entex be added to the agenda of the April 21 meeting which was originally set to consider bids on bonds. Council concurred with the Mayor's suggestion. At this time, Council will be prepared to consider the resolution before reconvening the public hearing. Mr. Lanham has been notified of an increase in the City's hospitalization policy. Due to the fact that the rates will in- crease by 400 on June 1, the Administration recommended that new bids be received to cover City hospitalization; Council had no objections to the Administration advertising for bids to cover this policy. Appearance of Mr. Tex Dittman Baytown citizen Mr. Tex Dittman appeared and addressed Coun- cil to express the need for better cooperation among the citizens of Baytown. Appearance of Mrs. Louise Fellows Mrs. Louise Fellows, in behalf of the Country Club Oaks As- sociation, presented two petitions for consideration of the Council. The first concerns flooding in the neighborhood streets. Mrs. Fellows proposed that proper drainage facilities be installed by the City of Baytown in the area bounded by Baker Road, Decker Drive, and Fairway Drive. The second petition pertained to traffic control at the intersection of Fairway and Decker. Mrs. Fellows requested that the City, of Baytown install a traffic control device at this location. Appearance of East Harris County Community Commuter's Association Representative Harold Roach, a representative of East Harris County Commuter's Association, addressed Council making several requests: (1) Defini- tion of city limits in relation to the South 146 Highway; (2) Police 6214 Minutes of the Regular Meeting - April 14, 1977 assistance from 5:30 a.m. to 7:30 a.m. five days a week on the Baytown side of the tunnel; (3) Installation of traffic signals at Highway 146 @ Loop 201 merge; (4) Installation of signs pro- hibiting lane- changing from 5:30 a.m. to 7:30 a.m. Mr. Lanham defined the City limits. The other requests will be considered by the City Council; Chief Turner will also look into the possibility of dispatching two police units to the prob- lem area at the morning peak hours. Councilman Kimmons suggested that Council officially go on record requesting that plans be prepared for a bridge over the channel. Councilman Kloesel responded that in the past Council had gone on record strongly supportive of a bridge at the tunnel. In response to Council's comments, Mayor Gentry said he felt it to be wise to proceed with preparation of a resolution to send to the Highway Department. Council concurred. Ordinance - Amending the Code of Ordinance Chapter 12� "Flood Hazard Area Regulations" The City must comply with new requirements to remain eligible for flood insurance. The additional requirements include: (1) Prohibiting encroachments in the floodway which will result in an increase in flood levels; (2) Prohibiting the placement of addi- tional mobile home parts in the floodway, (3) Requiring a flood - proofing certification be provided by a registered professional engineer or architect for structures built in flood -ay, (4) Adding a section to the code governing the local administration of the floodproofing regulation. The Administration and Planning Com- mission recommended approval of the amendments as stated. Coun- cilman Kloesel moved to adopt the amendments to the Flood Area Hazard Regulations; Councilman Lander seconded the motion. In response to Council's question as to whether the Planning Commission's ruling in regard to building in the floodway can be appealed, Bill Cornelius, Director of Planning and Transportation, said he knew of no cases where an applicaton had been rejected. An application first goes to the inspection department where it is later referred to the Planning Commission. The issuance of the permit pends approval of the Planning Commission. Councilwoman Wilbanks made a motion to table until the next regular meeting the discussion concerning the amendment of the Flood Hazard Area Regulations Chapter pending further information in regard to appeals of rulings made by the Planning Commission; Councilman Hutto seconded the motion. Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: Councilman Kloesel Abstained: Councilman Lander Recess Mayor Gentry called a five - minute recess. Ordinance - Contract with Taxicab Companies to Extend Taxicab Program for Senior Citizens Application was made to the Houston - Harris County Area Agency on Aging for a grant to continue the Senior Citizens Transporta- tion Program, and notification has recently been received stating that the application for $10,800.00 had been approved. The Ad- ministration recommended approval of the ordinance which extends 6215 Minutes of the Regular Meeting - April 14, 1977 the contract with the taxicab companies until December 31, 1977 or when $12,000.00 is expended, whichever comes first. Council- man Kimmons moved to accept the Administration's recommendation; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, 7 and Hutto Mayor Gentry Nays: None Absent: Councilman Cannon ORDINANCE NO. 2202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAY - TOWN TO EXECUTE AND ATTEST TO A CONTRACT TO PRO- VIDE TAXI SERVICE FOR SENIOR CITIZENS CONSISTENT WITH THE RECOMMENDATION OF THE SENIOR CITIZENS TRANSPORTATION COMMITTEE'S REPORT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution - Appropriating Funds for Senior Citizens Taxi Program In addition to the $10,800.00 granted by the federal govern- ment to aid in continuing the Senior Citizen's Transportation Program, the City's share in the amount of $1,200.00 is needed to complete the total cost of the program. Councilwoman Wilbanks moved to adopt the resolution which transfers funds from the Gen- eral Fund Contingency to make up the City's share of the cost; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None Absent: Councilman Cannon RESOLUTION NO. 571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER ONE THOUSAND TWO HUNDRED AND N01100 ($1,200.00) DOLLARS FROM GENERAL FUNDS ACCOUNT NO. 0101 -12 -0100, CONTINGENCIES," TO GENERAL FUND ACCOUNT NO. 57 -17, TRUSTEE ACCOUNT. Ordinance - Authorizing Payment to Spaw Glass, Inc for Expansion to Sterling Municipal Library The contractor has completed almost all of the work on the expansion of the Sterling Municipal Library. This ordinance would authorize payment of all but $12,822.00 to the contractor. Coun- cilman Lander moved to adopt the ordinance authorizing payment to Spaw Glass, Inc. in the amount of $78,228.00 for substantial com- pletion of the expansion; Councilman Hutto seconded the motion. Concerning the warranty period, a compromise has been reached with the contractor, starting the warranty period on February 22, 1977. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None 6216 Minutes of the Regular Meeting - April 14, 1977 ORDINANCE NO. 2203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FINDING THAT THE EXPANSION AND REMODELING OF STERLING MUNICIPAL LIBRARY IS SUB- STANTIALLY COMPLETED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ARCHI- TECT'S CERTIFICATE OF SUBSTANTIAL COMPLETION; AUTHORIZING THE PAYMENT TO SPAW GLASS, INC. OF A SUM SUFFICIENT TO INCREASE TOTAL PAYMENT TO ONE HUNDRED (1000) PERCENT OF THE CONTRACT SUM, LESS RETAINAGES SPECIFIED BY THE ARCHITECT FOR ALL INCOMPLETE WORK AND UNSETTLED CLAIMS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Final Payment to Katy Engineering Company for Completion of East District Sewer Treatment Plant Inspections have been made by City staff and consulting engi- neers at the East District Sewage Treatment Plant, and the work has been completed satisfactorily. The Administration recommended ap- proval of the final payment; Councilman Kimmons moved to adopt the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CON- STRUCTION OF THE EAST DISTRICT SEWAGE TREATMENT PLANT BY KATY ENGINEERING COMPANY; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ENGI- NEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHO- RIZING THE FINAL PAYMENT TO THE SAID KATY ENGI- NEERING COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Appropriating Funds for Relocation of Utilities for Spur 55 Project The City has been requested by Chambers County in accordance with the 1975 contract between the City and Chambers County to re- mit the City's half of the cost of two (2) Spur 55 utility and pipeline adjustments in the amount of $20,223.71. Environmental clearance has been received on Spur 55 authorizing the County to proceed with the adjustments of the remaining utility lines. There- fore, the City's total cost will be approximately $150,000.00. Funds for this project will be appropriated from the 1970 Street Improve- ment Bond Funds. Councilman Kimmons moved to adopt the ordinance appropriating funds necessary for relocation of utilities for the Spur SS Project; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AUTHORIZING PAYMENT OF TWENTY THOU- SAND TWO HUNDRED TWENTY -THREE AND 71/100 ($20,223.71) DOLLARS TO CHAMBERS COUNTY FOR THE CITY OF BAYTOWN'S SHARE OF THE COSTS:OF UTILITY ADJUSTMENTS ON SPUR 55 RIGHT OF WAY. 6217 Minutes of the Regular Meeting - April 14, 1977 Ordinance - Awarding Bid for Plants for Albert Thomas Plaza Three bids were received for furnishing plants to beautify Al- bert Thomas Plaza. The tabulation follows: BIDDER: DONATH TRANSPLANTS PLANTATION NURSERIES THE PLANT PLANT UAN DESCRIPTION UNIT PRICE TOTAL PRICE RICE TOTAL FUCE UNIT PRICE TOTAL PRICE 1,100 And. Juniper $1.75 $1,925.00 $1.69 $1,859.00 $2.00 $23,220.00 250 Copper Leaf 1.55 387.50 2.49 622.50 2.50 625.00 1,000 Marigolds .10 100.00 .12 120.00 .15 150.00 TOTAL BID: 2,412.50 $2,601. 50 2,975.00 WARRANTY: Prefertilized; alive None None DELIVERY: 15 cal. days 30 cal. days 14 cal. days EXCEPTION: 25a deposit on order; Pick up in 10 days The Administration recommended approval of the low bid submitted by Donath Transplants to be paid with 1975 bond funds. Councilman Lander moved to adopt the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2206 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, ACCEPTING THE BID OF DONATH TRANSPLANTS FOR THE PURCHASE OF ESTIMATED QUANTITIES OF PLANTS FOR THE BEAUTIFICATION OF ALBERT THOMAS PLAZA ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding Bid for Truck and Body for Hydraulic Brush Loader Of the three bids received for the truck and body for the hy- draulic brush loader, Hugh Wood submitted the low bid. The tabula- tion follows: BIDDER: DESCRIPTION Truck & Body PARTS /SERVICE: WARRANTY: DELIVERY: HUGH WOOD FORD $12,422.68 Baytown, TX 12 mo. or 12,000 miles 45 -60 days BAYTOWN MOTORS, INC $13,093.16 Baytown, TX 12 mo. or 12,000 miles 90 days JIM BALL INT'L $13,388.43 Baytown, TX 12 mo. or 12,000 miles 65 days *Five companies submitted no bids; one incomplete bid was submitted. The low bidder did not meet the specifications in two aspects: (1) wheelbase too short; (2) capacity of springs insufficient. Therefore, the Administration recommended approval of the next low bid, that of Baytown Motors, Inc. which does meet the specifica- tions in all respects. Councilman Kloesel moved to adopt the ordi- nance accepting Baytown Motors' bid for $13,093.16; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None 6218 Minutes of the Regular Meeting - April 14, 1977 ORDINANCE NO. 2207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,.ACCEPTING THE BID OF.BAYTOWN MOTORS, INC. FOR THE PURCHASE OF ONE TRUCK AND BODY FOR A HYDRAULIC BRUSH LOADER AND AUTHORIZING THE PAY- MENT BY THE CITY OF THE SUM OF THIRTEEN THOUSAND NINETY -THREE AND 16/100 ($13,093.16) DOLLARS. Ordinance - Award Bid for Repainting City Hall Exterior Three bids were received for the repainting of the City Hall exterior, being tabulated as follows: BIDDER: NORVILLE H. PHILLIPS R. L. GOODMAN HOUSE PAINTING TOTAL BID: $4,610.00 $S,000.00 13,390.00 COMPLETION: 60 cal. days 18 cal. days 1S cal. days The Administration recommended the approval of the low bid submitted by Norville H. Phillips. Councilman Kimmons moved to adopt the ordinance; Councilman Lander seconded the motion. In regard to Council's inquiry concerning the submittal of a bond; Neel Richardson, City Attorney, advised that no bond was required since the job did not exceed $15,000.00 and the job will be done on a turn -key basis, meaning payment will not be made un- til the job is completed satisfactorily. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ACCEPTING THE BID OF NORVILLE H. PHILLIPS FOR THE PAINTING OF EXTERIOR SURFACES OF THE BAYTOWN CITY HALL AND AUTHORIZING THE CON- TRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF FOUR THOUSAND SIX HUNDRED TEN AND N01100 ($4,1610.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Resolution - Recommending that SKRLA, Inc Be Awarded the Contract For The 1976 Community Development Program Five bids were received for the 1976 Community Development Program. The tabulation follows: SKRLA, INC. $352,155.30 B R H $353,230.00 R. T. BISHOP $381,511.70 S & C $393,497.50 MARATHON PAVING $396,460.00 The low bid submitted by SKRLA, Inc. was approximately $53,000 over the funds available for the project. The Department of Housing and Urban Development will not accept a change order for more than ten percent of the total bid; therefore, the Administration recom- mended to Council that the recommendation to Harris County be to reject all bids and that the plans will be revised and resubmitted. Councilman Kloesel moved to accept the Administration's recommenda- tion; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None 6219 Minutes of the Regular Meeting - April 14, 1977 Ordinance - Setting Sewer Service Rates for Customers Without Water Service or Outside the City Limits As a result of Council's request that the Administration make a recommendation for amending the City's sewer rate charges to in- clude sewer service charges for users without water or outside the City, the Administration recommended: (a) Persons not connected to the waterworks system of the city shall be billed monthly by the water department for sanitary sewer services at a rate determined by the utility office manager, which rate shall be consistent with the regular sewer service charge of similar type premises or users receiving service from the City. (b) Persons outside the City limits and receiving water and sewer service from the City shall pay a monthly sewer service charge at 111 times the rate for a sewer service user situated within the City limits. (c) Persons outside the City limits and not connected to the waterworks system of the City shall be billed monthly by the water department for sanitary sewer services at a rate deter- mined by the utility office manager that produces a charge 50 percent greater than the regular sewer service charge for sim- ilar type premises or users situated within the City limits. (d) If a person desiring service under subsection (a) or (c) uses water or maintains premises in such a manner that a sim- ilar type user or premises cannot be found, the utility office manager may recommend for approval to City Council such ser- vice charge and conditions as he deems appropriate. Councilman Lander moved to adopt the ordinance in accordance with above - stated provisions; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council memebrs Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 31, "UTILITIES," BY ADDING A NEW SUBSECTION 31 -65.1 PROVIDING FOR SEWER SERVICE CHARGES OF USERS WITHOUT WATER OR OUTSIDE CITY; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PRO- VIDING FOR THE EFFECTIVE DATE HEREOF. Request for Sewer Service Outside City Limits Two requests were made for sewer service outside the City limits. The first, a request for sewer service for a dental clinic outside the city limits, has been considered by the Administration since the last meeting. Based on an average consumption of 28,000 gallons by similar dental clinics within the city limits, a commer- cial rate has been derived by multiplying lh times the regular com- mercial rates, resulting in a monthly charge of $18.60. The second request, submitted by L. G. Huff of 3903 Raccoon Drive, asked for sewer service for a residence outside the city limits. The average consumption of a residence being 7,000 gallons per month, lh times the rate of $6.00 results in a charge of $9.00 a month. The Admin- istration recommended approval of sewer service for the location specified at the above prescribed rates. Councilman Lander moved to accept the recommendation of the Administration; Councilman Kloesel seconded the motion. The vote follows: 6220 Minutes of the Regular Meeting - April 14, 1977 Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Consider Rejecting Bids for Safety Equipment and Authorizing the Advertisement of New Bids Only one bid was received for furnishing safety equipment for the police department. The one bid submitted was from M -S Sales for eighty (80) vests at $122.00 each. The rest of the bids sub- mitted were no bids, due to the fact that a specific brand name had been specified. Therefore, because of this error in the speci- fications, the Admninstration recommended rejecting the one bid submitted and authorizing the readvertisement of bids for safety vests. Councilman Kloesel moved to reject the bids and to autho- rize the Administration to readvertise; Councilman Kimmons sec- onded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Consider Rejecting Bids for Demolition of Structure at 3306 Min- nesota Street Since the time that bids were received for demolishing the edifice at 3306 Minnesota Steeet, a fire has completely destroyed the structure. The Administration recommended rejecting the bids for this demolition. Councilman Kloesel moved that the bids be rejected; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Councilman Kloesel cited the problem of people moving into abandoned buildings, and expressed the need for the buildings to be boarded or blocked to prohibit occupancy. Concerning the action of teh Urban Rehabilitation Board, Councilman Cannon commended the fine job the Board has performed. Committee Reports None. Unfinished Business Councilman Kimmons said that a citizen addressing the Council should know how long he has to speak before making his presenta- tion, and he moved that any citizen should present his case within a 10- minute time limit with the understanding that the Mayor could extend this limit if questions arise; Councilman Hutto seconded the motion asserting that the.person could certainly reappear as many times as he desired at later meetings. Councilman Kloesel opposed placing a time limit to a citizen's presentation before the Council, because he felt that this discouraged citizens from appearing. He felt that lengthy presentations had not been a sig- nificant problem in the past. The vote follows: Ayes: Council members Kimmons and Hutto Nays: Council members Lander, Kloesel, and Cannon Mayor Gentry Abstained: Councilwoman Wilbanks 6221 Minutes of the Regular Meeting - April 14, 1977 Councilman Kloesel had one other item of unfinished business. He said that he felt the appointments of boards should not be con- sidered personnel matters for executive session, only those sub- jects pertaining to City employees. Councilman Cannon raised the question of legality of board appointments constituting criteria for executive session. Mr. Richardson responded that the Open Meetings Law provides that per matters may be discussed in executive session including discussion of appointments or disci- plinary matters concerning officers or employees. He also added that since these boards have quasi, judicial, and decision - making powers, appointments to said boards would be discussed in execu- tive session. And since the appointment of these boards can in- volve discussion of personalities and qualifications of possible appointees, the discussion might not be appropriate for open meetings. Recess, Reconvene, and Adjourn Mayor Gentry recessed the Council into executive session to discuss land acquisition and personnel matters. When the meeting reconvened, Councilman Kimmons moved to ap- point Mr. A. R. Knox to the Mechanical Board; Councilman Hutto seconded the nomination. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: Councilman Kloesel Councilman Kloesel felt that he could not endorse the position of citizen (not in building business). Concerning the recommendation of the BAWA Board to make an offer to acquire property for a plant site, Councilman Hutto moved to authorize the BAWA Board to make said offer; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None There being no further business to transact, Councilman Hutto moved to adjourn the meeting; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None CHERI HL N, puty City Clerk Approved: ILEEN P. HALL, City Clerk