Loading...
1977 04 28 CC Minutes6235 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 28, 1977 The City Council of the City of Baytown, Texas, met in regular session Thursday, April 28, 1977, at 6:3o p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Mayor Pro Tem Jack Kimmons Councilman Ted Kloesel Councilman Mary E. Wilbanks Councilwoman Emmett 0. Hutto Councilman Allen Cannon Councilman Fritz Lanham City Manager Neel Richardson City Attorney Eileen P. Hall City Clerk Dan Savage Assistant City Manager Absent: Tom Gentry Mayor Mayor Pro Tem Lander called the meeting to order, and the invocation was offered by Councilman Allen Cannon. Prior to consideration of the minutes, Mayor Pro Tem Lander asked everyone interested in testifying at either the public hearing on Revenue Sharing or the public hearing on the Entex request to register on the forms provided on the table in the hallway behind the Council Chamber. Approve Minutes Councilman Kloesel moved to approve the minutes of the regular meeting of April 14, 1977, and ratification of actions taken concerning each of the matters listed on the agenda for said meeting. Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None Receive Petitions None were presented. City Manager's Report Sterling Municipal Library Expansion - Mr. Lanham called Council's attention to a tracing of a plaque that will be placed at the Sterling Municipal Library Expansion which contained the names of the Council members who were in office when Bonds were approved for the construction of the expansion to the library and those members of Council who have been elected since that time. He asked that Council look at the tracing and let him know if any changes were desired. Fresh Water Supply District No. 27 (Coady District) - Representatives of Fresh Water Supply District No. 27 have asked for an opportunity to meet with the Administration to discuss the possibility of the City of Baytown entering into a contract with this district for the treatment of sewerage from that area. They plan to sell bonds to build a collection system, but would like to talk to the City of Baytown about treatment. Mr. Lanham asked if Council would have any objections to the Administration negotiating with representatives of this district and report to Council from time to time on the status of these negotiations. 6236 Minutes of the Regular Meeting - April 28, 1977 Councilman Kloesel voiced some objection to these negotiations because he feels that with Baytown's current population trend, the City will not be able to keep up with requests that will be made for expanded services within the City and will ultimately be faced with another warning order from the State. He suggested that more concentration be given toward solving problems within the City. Other members of Council felt that since the City of Baytown will be erecting a new plant in this area, perhaps it would be to the City's advantage to have a collection system available in the area. Also, Mr. Lanham pointed out that if this district were to erect a plant, there is the strong possibility that the point of discharge would be into Goose Creek or Spring Gully, and the City of Baytown had closed the Craigmont Treatment Plant in order to eliminate effluent in Goose Creek. A majority of Council favored allowing the Administration to develop cost estimates and discuss the possibilities of the City of Baytown pro- viding this service with representatives of the district, and asked that the Administration report on the status of these negotiations before any action is taken. Bayway Drive Improvement - The contractor for the State Highway Department has completed the work on the lanes and is now overlaying the entire street with from 1 -1k inches of Type "L" asphalt. Price Street Relocation - When the City acquired land from San Jacinto Methodist Hospital, the agreement was that Price Street would be relocated by the hospital. Some of the small buildings have been moved and the relocation is in process. Master Thoroughfare Plan - A map of the proposed Master Thoroughfare Plan was placed at each Council member's place. Mr. Lanham asked that Council review this map and indicated that this item would be placed on the next agenda. However, he did mention that the plan now in existence was adopted 10 -12 years ago and that the Planning Commission had recom- mended the adoption of the new plan. Baytown- LaPorte Tunnel - The study involving traffic problems at the Baytown- LaPorte Tunnel is still in process. Sliplining Projects - All the lining work on Walker and McPhail have been completed and the taps made. The contractor will be moving over to the Scott - Williams Street area within the next few days. Questions or Comments Regarding City Manager's Report Councilman Kloesel was concerned with the thickness of the asphalt which had been placed on Mississippi. Mr. Lanham said that the records on the samples that were taken would be checked. Mr. Jim Lovell Will Appear Mr. Lovell was not present in the audience. Mrs. D. L. Womack Will Appear Mrs. Womack appeared to request some kind of :relief regarding the flooding of her property on Bayliss Street in Pelly. Mr. Lanham.pointed out that this particular street is included on the schedule of drainage projects. Also, Mrs. Womack suggested that Mr. R. L. Busch be contacted regarding the possibility of obtaining land to alleviate the problems in this area. Mr. Lanham said that Mr. Busch had been contacted in this regard, but he represented a number of owners, who would need to be con- tacted before a decision could be made. 6237 Minutes of the Regular Meeting - April 28, 1977 Mr. John Hill and Miss Ashley Bean Will Appear Mr. Hill did not appear; Miss Bean asked to appear later at the public hearing on Revenue Sharing. Ordinance - Amending Chapter 12�, "Flood Hazard Area Regulations" This item was discussed during the last Council meeting where Council questioned the references made to the Planning Commission in the proposed ordinance. Since that time the Administration checked the federal law and the regulations published by the Flood Insurance Agency, and there is no requirement that there be a body established to consider exceptions to the flood hazard regulations, either the City Council or the Planning Commission can establish requirements for flood hazard areas. Baytown was one of the first cities in the United States to obtain flood insurance and at that time the provisions that exceptions may be granted by the Planning and Zoning Commission only for non - residential structures which, together with attendant utility and sanitary facilities, are adequately floodproofed up to the level of the 100 -year Flood Plain were established by Council.. The reason for this provision is not known, but the Planning Commission has approved all requests for exceptions under the present ordinance. If Council would like to have a provision in this proposed ordinance that the decision of the Planning Commission on these matters could be appealed to City Council, this adjustment can be made. Council members Kloesel and Hutto were in agreement that all references to the Planning and Zoning Commission should be deleted and that all re- quests for exceptions should be made to the City Council, but Councilman Cannon felt that by providing an appeal procedure to the Council, the same end might be accomplished. Councilman Kloesel moved that Proposed Ordinance No. 70428 -1 be approved by the City Council with the exception of the portion under 1233k- 2(a)(1) in the third line after 100 -year Flood Plain, delete "exceptions may be granted by the planning and zoning commission only for non - residential structures which," all the way to the period. Mayor Pro Tem Lander pointed out that there was a point of order to be considered here since this item had been tabled at a previous meeting. Councilman Kloesel withdrew the motion and moved that the ordinance be removed from the table; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None Councilman Kloesel then moved that the motion be amended to delete under 121x- 2(a)(1) from the word, "Exception," to the end of the paragraph. Councilman Hutto seconded the motion and stated that he also wanted to amend the ordinance to delete Section 123f-4. Councilman Kloesel said to include this in his motion. Councilwoman Wilbanks said that it seemed that Section 12'- 2(a)(2) would vest some authority in the Planning Commission to check on these things, but Councilman Hutto said that he felt the Inspection Department now bad this authority and if it did not then the authority was certainly delegated to the Inspection Department by Section (b). Councilwoman Wilbanks went on to say that it seemed that two distinctly different situations were involved -- one, where the 100 -year Flood Plain has been established and the other, where the 100 -year Flood Plain has not been established. On one hand there is no problem because the 100 -year Flood Plain is established, but on the other hand there is a question about whether it is in the Flood Plain, and then the question about how to handle the matter in that event. 6238 Minutes of the Regular Meeting - April 28, 1977 At this point, Mayor Pro Tem Lander informed Council that it was time to begin the hearing on Revenue Sharing. Public Hearing - Revenue Sharing Allocations Mayor Pro Tem. Lander paused to allow anyone desiring to do so to register to testify at the hearing. Mr. Lanham explained that last year amendments were made in revenue sharing legislation that provided a public hearing be held by the Chief Executive who will be developing recommendations to present to the governing body. Previously, the expenditure of Revenue Sharing Funds was limited, but now they may be spent for any purpose for which the City can legally spend funds. As a result of the hearing that was held by Mr. Lanham, certain recommen- dations had been developed. A full transcript of the hearing had been provided to Council. For the nine - month period from January 1 to September 30, 1977, the City was allocated $408,386.00 in Revenue Sharing Funds. The following uses for these funds were proposed by the City Manager: $40,000 to the Police Department for the construction of a new radio shop. The Police Department is presently using a building that was constructed in 1939 which was used as a fire station for a number of years. When the Fire Department moved out in 1954, the Police Department began using the building as a radio shop. The building is not large enough and is very old; a new building is needed very badly. $65,000 to the Public Works Department for drainage. This would be used for pipe and other materials to continue the drainage program that we are now engaged in. $60,000 to Public Works for a sewer cleaning machine. The equipment being proposed is different than what the City now owns in that it will not only break the debris free, but because of the high capacity vacuum system will also remove the debris. This would be used as a preventive type maintenance system. $65,000 to Parks and Recreation for the installation of a four -pipe heating and cooling system in the Community Building. Since there are a variety of activities going on at the same time in different parts of the building, it is very difficult to maintain a constant temperature in all areas of the building. $32,000 to the Fire Department for air packs. We now have approxi- mately 16 air packs, some of which are old and unreliable. The Administration is recommending the purchase of 26 new air packs which are lighter and more reliable and would do a better job. This will provide an adequate number for both paid and volunteer firemen. The old air packs will be transferred to the Public Works Department for use in the sewer plants. $7,200 to Planning and Traffic Department for the purchase of an epoxy dispenser to be used in connection with placing buttons on the street. At present this type work is done by hand which is very time consuming and there is a great deal of this kind of work to be done so this equipment is needed. $33,000 to the Library for the replacement of the large bookmobile. This equipment was purchased in 1971. It is adequate in design and capacity, but it has been in the garage a large amount of the time for repairs. It has received hard use through the years and should be replaced. $106,186 to the Engineering Department to continue the street rebuilding program. 6239 Minutes of the Regular Meeting - April 28, 1977 The above recommendations were derived from requests made at the hearing. There was one written request made by Mrs. Sarah Cryer on behalf of the Animal Protection League for $20,000. However, at the time that hearing was held the committee that Council appointed several months ago was still working and had not formulated a recommendation. Since that time, the Committee has prepared a report for Council and if Council desires to include the requested amount in this revenue sharing allocation, Mr. Lanham recommended that that amount be taken from the allocation to continue the street rebuilding program. Mr. Dan Savage, Assistant City Manager, presented the Animal Control Study Committee's recommendation which would consist of the implementation of a program whereby the City would issue to any citizen of Baytown a voucher worth $20 which might be applied toward the sterilization of any dog or cat.. Under this program; a citizen would be able to take his pet to the veterinarian of his choice. If the veterinarian agreed to accept the voucher, the citizen would pay the cost of the sterilization service, less $20. The veterinarian would then be paid $20 for each valid voucher which he presented to the City. As a condition of issuing a voucher, each pet owner must either provide proof that his pet has a valid rabies vacci- nation or must agree to have it vaccinated when the animal is sterilized. Since it is unknown how many citizens would participate in this program, the Committee suggested that the program be tried for 3 -5 months on a trial basis. During this period, the Committee has set a goal of the sterilization of 300 dogs and cats. To fund this program, the Committee requested that $6,000 of the Revenue Sharing Funds be allocated. At the end of the test period, the Committee would report to Council. If the program is a success, then the Committee would like Council to consider establishing an on -going animal sterilization program. At this point, Mayor Pro Tem. Lander recessed the hearing so that the hearing on the Entex, Inc. request could be opened at the time published. The hearing on the Entex, Inc. request was opened and recessed so that the hearing on Revenue Sharing allocations could be continued. Mr. Steve P. Trench of 504 Travis and Mr. C. G. Pitrucha, General Delivery, Station 3, were not present when called upon to testify. Miss Ashley Bean, 4810 Country Club View, appeared as representative for the Ross Sterling student body to request that Council consider allocating funds to build sidewalks and /or bike trails in and around Baytown. Miss Bean pointed out that sidewalks and /or bike trails would be beneficial to Baytonians for the following reasons: 1. Good safety feature; 2. Increase property values; 3. Provide opportunities for health and recreation; 4. Help to conserve energy. Mrs. D. L. Womack, 411 Travis Street, who had appeared earlier, suggested that perhaps some revenue sharing funds could be expended to cure the problem of flooding on Bayliss. Since -there were no other persons listed to testify, Mr. Lanham explained that there would be an appropriation ordinance placed on the next Council agenda for consideration at that time. Councilman Kloesel said that he felt Revenue Sharing Funds should be applied to areas where the funds were most needed. He felt that there was a definite need for bike trails, and favored a walkway over the Pelly/ Goose Creek bridge to connect the two portions of Baytown. Along with bike trails, Councilman Kloesel favored the purchase of drainage equipment and felt that obtaining better drainage should be emphasized. Councilman Kloesel suggested that perhaps the radio shop could be moved to the old police building since this was a rather large building which was not 6240 Minutes of the Regular Meeting - April 28, 1977 not utilized completely by the Fire Department. Regarding the four -pipe system for the Community Building, he felt that this was a convenience more than a necessity. Not only did Councilman Kloesel approve of the purchase of air packs for the Fire Department, but he suggested that when looking at old equipment, the Administration should look at the purchase of a mini pumper. Councilman Cannon said that the bike trails had been an item of discussion for a long time and that he would like to see some plan for developing a section of bike trails to see how this type program would be utilized. Regarding the other items mentioned in the recommendations from the Administration, Councilman Cannon felt that most of the items were needed. He asked that the Administration check into existing facilities to make certain that there is no space available for the location of the radio shop and report to Council. Regarding the request for $33,000 to replace the large bookmobile, Councilman Cannon asked the Administration to develop figures on what expenditure of funds would be necessary to put the existing bookmobile into working order. Councilman Kimmons said that he would like to see the animal sterilization program tried on the suggested trial basis for 3"5 months. Councilwoman Wilbanks suggested that the Administration should check to determine which would be more economical to handle all radio maintenance, using technicians employed by the City, or contracting to have these radios repaired. If these air packs are to be purchased, Councilwoman Wilbanks asked to see some plan for distribution. Mr. Lanham said that a report had been prepared which indicated the number of air packs to be placed at each fire station and a copy of this report would be furnished to Council. Mr. Lanham informed Council that Mr. Rountree had been working with the County regarding the possible construction of bike trails in the City. Mr. Rountree said that he had been working with the County in an effort to develop about 23� miles of trails in the northern part of the City along County right of way. He received a letter from the County which stated that this proposal had been sent to the right of way and street department, so there is a very good possibility that the County will allocate funds for this type project if the City will do the same. Councilman Hutto directed his remarks toward the possibility of allocating funds for the purchase of equipment and hire of crews to repair water leaks which are prevalent in the City. Mr. Lanham said that the City of Baytown would be receiving another allocation for the period beginning October 1, 1977, which should be in excess of $520,000. Mayor Pro Tem. Lander declared the hearing on Revenue Sharing allocation closed. Reconvene Public Hearing on Entex, Inc. Request for Rate Increase and Cost of Service and Fuel Cost Adjustments Mayor Pro Tem. Lander opened and reconvened the hearing on the request of Entex, Inc. for a rate increase and cost of service and fuel cost adjustments. Mr. Howard Bell was registered first, but he asked Mr. DeSalme to make the presentation for Entex. Mr. DeSalme addressed Council with a review of all events since Entex filed its Statement of Intent on December 27, 1976. At that time booklets were left for Council to explain the Entex proposal, and in January, 1977, Entex representatives met with City Council in a work session to discuss the different aspects of their request. On February 24, 1977, Entex made its formal presentation to the Council at the public hearing which was recessed to be reconvened at a later date. The request is for a $2.00 per month increase for residential consumers and 6241 Minutes of the Regular Meeting - April 28, 1977 $2.25 per month increase for commercial consumers to be effective May 1, 1977• Also, included in the proposal is a cost of service adjustment provision which will become effective May 1, 1978. Mr. DeSalme pointed out that in the booklet which was presented to Council at the onset of the filing, Entex stipulated that if the Council approved this request as submitted, then there would be no request for rate in- crease for at least 2 years. This concluded the comments from the Entex representative. Mr. Mike Stewart, P. 0. Box 60, Baytown, Texas, withdrew his request to testify. Mr. L. E. Kirkley, 401 William, Baytown, Texas, appeared to request that Council ask Entex to develop figures and come back with a request to increase rates on large consumers only. In this manner residential consumers and persons who were on fixed incomes would not be affected. Mr. Kirkley maintained that the large consumers could better afford the increase. Mr. Howard E. Bell, Entex representative, responded to Mr. Kirkley's comments by stating that 133 years ago this Council, as well as all the other Councils in the Texas Coast Division, granted a large volume consumer amendment that provides for an inverted rate schedule. Usage of over 150,000 cubic feet results in excelled rates; therefore, the large indus- trial consumers are now paying a high rate under the present system, and Entex feels that if this rate were escalated, these consumers would be lost. At the present time, the rates that Entex charges industrial consumers is barely competitive to fuel oil. If these industrial consumers are lost, then other consumers would be forced to pay for the operation of the Entex system. It cost Entex $6.00 to provide service to each resi- dential consumer so that $4.00 minimum bill does not even cover cost of service. Mr. Bell also pointed out that in a study which Entex presented to the Railroad Commission, it was determined that very few people in the low income or fixed income bracket pay the minimum bill. These people traditionally live in older homes that are not very well insulated, and thereby, consume more gas. For this reason, by evenly distributing the increase, the persons on fixed or low incomes will not be affected as adversely as in the case of step increases. Mr. L. E. Kirkley asked for the clarification of whether the company was requesting to increase every bill by $2.00 per month or just the minimum. Mayor Pro Tem Lander responded that the request would represent a $2.00 per month increase on each bill. Mr. Steve Donnelly who was not registered requested to be recognized. Mr. Donnelly asked if Council was aware that for a Mobile Home connection in the event there is an electric water heater, the cost is $80.00; whereas, if the home is all gas, there is no installation charge. Council inquired if this was an installation fee or deposit. Mr. Donnelly replied that this was the cost of installation. Council then inquired what charge was assessed for deposit; Mr. Bell responded $30.00. Councilmen Kloesel commented on the cost of service adjustment pro- vision. He said that this was dangerous for Council to approve and he felt that the company should come to Council on a yearly basis to ask for this adjustment. Mr. Bell explained that the cost of service adjust- ment was not automatic in that Entex must file the request for adjustment 45 days prior to implementation of said adjustment which would allow Council ample time to request any necessary information to justify that increase. Mayor Pro Tem Lander set out the alternatives that Council could consider: 1. Take no action and recess the hearing. 2. Consider Proposed Ordinance No. 70428 -1(a), closing the public hearing and amending the Code of Ordinances, Chapter 31, "Utilities," by the amendment of Article II, "Natural Gas Service." (This particular ordinance does grant the rate increase and cost of service adjustment as requested by Entex.) 6242 Minutes of the Regular Meeting - April 28, 1977 3. Close the public hearing and take some other action. 4. Close the public hearing and take no action. 5. Amend Proposed Ordinance No. 70428 -1(a). Councilman Kloesel moved to close the public hearing; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Kimmions, Kloesel, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None Mayor Pro Tem Lander asked if there was a motion to adopt Proposed Ordinance No. 70428 -1(a) or an amendment thereof. Councilman Cannon commented that it certainly would be regarded unfavorably to make a motion to increase the bill of each residential consumer by $24.00 a year, but according to the figures that Entex had presented, at the present time Entex is receiving a rate of return of 4.11 %; the rate increase will raise this to 6.92 %. In a rate hearing, should the company justify their figures to the Railroad Commission, they could obtain a full 8% rate of return. Therefore, Councilman Cannon moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. Councilman Kloesel stated that he felt the rate of increase requested was too great and that the company has been making a sufficient profit. He also expressed strong opposition to the cost of service adjustment. Councilman Cannon made another comment regarding the motion. It seemed that Entex earnings had been announced which indicated a very good first quarter, but this represented Entex corporate earnings and not this particular area. Councilman Hutto commented that Entex's timing on the request for this rate increase.was very poor.which has resulted in adverse comments from citizens who do not understand the basis for this request. Mayor Pro Tem Lander stated that he was going to vote for this increase even though he knew full well that this would not be a popular vote. The reason for his decision is that the rate increase is justified and if this increase were denied then, the Railroad Commission could very easily grant a higher rate of return. Therefore, by voting in this manner, Mayor Pro Tem Lander felt that he was, in fact, voting in the best interest of the people of Baytown. Councilwoman Wilbanks directed her comments toward the fact that she was having a great deal of difficulty with the figures that had been presented for Council consideration and that the cost of service adjust- ment would simply mean that Council would be looking at the same type figures in 1978; therefore, if the denial of the request meant going to the Railroad Commission, then she certainly hoped that they would have more expertise to make a better judgment than she., The vote follows: Ayes: Council members Kimmons and Cannon Mayor Pro Tem Lander Nays: Council members Kloesel, Hutto and Wilbanks Resolution - Requesting That Entex, Inc. Include the City of Baytown as Part of the Houston Integrated System Mayor Pro Tem Lander explained that this resolution had been tabled and in order to discuss this item, a motion and second would be necessary to remove from the table. Councilman Kloesel moved to remove the consideration of Proposed Resolution No. 572 from the table; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Nays: Mayor Pro Tem Lander 6243 Minutes of the Regular Meeting - April 28, 1977 Since the motion was removed and at the last Council meeting, the motion was duly made and seconded to adopt the resolution, Council con- tinued with discussion. Councilman Kimmons stated that he recognized the need for any company to make a fair return on investments, but the fact remained that if Baytown were considered part of the Houston Division, the r question of this rate increase could be moot. Also, if Baytown were P considered part of the Houston Division, this would be an advantage when a request for increases was made in that Houston had the expertise to make that type determination. Councilman Kloesel stated his opposition in that he could see no advantage to being tied into the Houston Integrated System. He felt that the City of Baytown would be in a better bargaining position on its own, than to be tied into the Houston rates. Mr. Bell explained that each individual governing body determined the rates to be set for that City; therefore, the City Council of Houston would not be setting rates in Baytown. Mayor Pro Tem Lander stated that he was considering this proposed resolution from a practical aspect, that being if the City of Baytown were granted this request, then every other city will petition to be included in the Houston Division. Entex could not allow Baytown this preferential treatment. The vote follows: Ayes: Council members Kimmons and Hutto Hays: Council members Kloesel, Wilbanks and Cannon Mayor Pro Tem Lander Councilman Cannon then moved that an ordinance be adopted to approve the request for rate increase submitted by Entex without the cost of service adjustment provision. This motion died for lack of a second. Ordinance - Amending Chapter 121+1, "Flood Hazard Area Regulations" The motion that was before Council was read as follows: 'Councilman Kloesel then moved that the motion be amended to delete under Section 12�- 2(a)(1) from the word, "Exception," to the end of the paragraph, along with Section 123�-4." Councilman Kloesel questioned if Councilman Hutto really intended to delete all of Section 12'+i -4. Councilman Hutto said that he thought that the total makeup of Section - 12;1 -4 is the Administration of the ordinance. It was suggested that perhaps Section 12k-4 could be amended so that the wording would remain the same with the addition of, subject to the approval of Council. Councilman Kloesel disagreed with this suggestion since the Planning Commission does not inspect. Councilwoman Wilbanks suggested that the ordinance could be amended by amending Section 123�­2(a)(1) as follows: "Exceptions may be granted by the City Council only for non - residential structures ... This would mean that Section 121.2 -4 could be left as originally proposed. Councilman Kloesel said that he felt that the Inspection Department should be left with the responsibility of enforcement of the ordinance. Mr. Richardson, City Attorney, explained that the Planning Commission only has the authority to do what the ordinance allows it to do and in essence the Commission acts simply as a fact finding body and based upon certain findings would necessarily have to grant the permit. Councilman Hutto said this may be, but the Planning Commission could also approve the permit contingent upon some action of an outside agency. He was also opposed to the Planning Commission having this authority because the composition of the Commission changes from year to year. 6244 Minutes of the Regular Meeting - April 28, 1977 Councilman Kloesel suggested that perhaps the ordinance could be amended so that the Inspection Department would be in charge of the enforcement of the ordinance. Mr. Richardson suggested that the ordinance could be changed to read as follows: "Exceptions shall be granted by the Inspection Department only for non - residential structures which, together with attendant utility and sanitary facilities, are adequately floodproofed up to the level of the 100 -year Flood Plain as approved by the Engineering Department." The Engineering Department would have to make a decision concerning floodproofing. Councilman Kloesel felt that this suggested amendment would be acceptable. Councilman Kloesel then withdrew his original motion and asked that the wording that the City Attorney suggested be substituted, along with the deletion of the first paragraph of Section 124 which was acceptable to Councilman Hutto. Mr. Richardson suggested that rather than delete all of the first paragraph, perhaps it would be better to include Inspection Department where reference is now made to the Baytown Planning Commission. Councilmen Kloesel and Hutto agreed with this change. Mr. Lanham pointed out that reference to the Director of Planning and Traffic should be deleted also. Councilman Cannon said that he was satisfied with the ordinance as it was originally proposed with the exception that there be an appeal procedures to Council and made a substitute motion to this effect; Councilman Kimmons seconded the motion. Councilwoman Wilbanks asked where this provision would be inserted and the City Attorney suggested under Section 122- 2(a)(1). The vote follows: Ayes: Couricil members Kimmons, Wilbanks and Cannon Mayor Pro Tem Lander Nays: Council members Kloesel and Hutto ORDINANCE NO. 2212 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 123-2, "FLOOD HAZARD AREA REGULATIONS," BY REPEALING THE PRO- VISIONS OF THIS CHAPTER AS PRESENTLY CONSTITUTED AND ADOPTING A NEW CHAPTER 12'x, "FLOOD HAZARD AREA REGULATIONS "; PROVIDING FOR A PENALTY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICA- TION AND EFFECTIVE DATE HEREOF. Ordinance - Renovation of City Hall Heating and Cooling_Systems Two bids were recieved for the renovation of the City Hall heating and cooling systems. The low bid was that of M. S. Young for $4 9,124.00; Tisdale Air Conditioning and Heating, Inc. bid $59,9+9.00. The estimate on this job was $50,000.00. The Administration recommended approval of the ordinance awarding the contract to the low bidder. Councilman Kimmons moved for the adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor-Pro Tem. Lander Nays: None Absent: Councilman Cannon ORDINANCE NO. 2213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF M. S. YOUNG COMPANY FOR THE RENOVATION OF THE BAYTOWN CITY HALL HEATING AND COOLING SYSTEMS AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF FORTY -NINE THOUSAND ONE HUNDRED TWENTY -FOUR AND N0 1100 ($49,124.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. gas Minutes of the Regular Meeting - April 28, 1977 Ordinance - Approving the Baytown Area Water Authority's Selection of Depository for BAWA Funds In accordance with the law that established the Baytown Area Water Authority, the Board of Directors of the Authority advertised for bids on a depository contract. Only one bid was received, that of Citizens National Bank and Trust Company for 5.85% on all monies or negotiables placed on deposit for more than 30 days. In response to a question from Council regarding why only one bid had been received, Mr. Lanham explained that with the second sale, it mould take a rather large bank to bid since the deposits must be 100% secured with federal securities or something of that nature. Councilman Cannon moved to adopt the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: Councilman Kloesel ORDINANCE NO. 2214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, APPROVING THE BkYTOWN AREA WATER AUTHORITY'S SELECTION OF DEPOSITORY FOR THE AUTHORITY'S FUNDS. Ordinance - Fireworks Displays This request was made by persons working on the July 4 celebration. The ordinance requires that the sponsoring group or individual must get a permit from the fire marshal; must provide insurance; and must agree to hire standby firemen to supervise the display. Also, this ordinance provides for aerial displays only. There are other cities in Texas which have similar ordinances, and the Assistant Fire Chief feels that this is a workable ordinance. The Administration recommended approval of the ordinance. Councilman Hutto moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2215 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF RAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 17, "MISCELLANEOUS PROVISIONS AND OFFENSES," BY REPEALING SECTIONS 17 -3 AND 17 -4 AS PRESENTLY CONSTITUTED AND BY ADOPTING NEW SECTIONS DEALING WITH FIREWORKS; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; RE- PEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Amending Section 18 -40. Pertaining to Report of Accidents Two ordinances have been prepared in this regard. One, repeals Section 18-40 in its entirety and the other changes the $50.00 damages to another amount. In connection with this, the Chief of Police has issued instructions that only the necessary number of patrolmen and vehicles will be dispatched to investigate an accident. Even though there may be a certain amount of paper work involved, the patrolmen who investigate accidents are working for the citizens who are involved in these accidents. One individual involved in an accident might like to have a patrolman present to investigate, while the other individual mould not. Also, the City could have the problem of automobiles being left on the street if an officer did not investigate the accident. 6246 Minutes of the Regular Meeting - April 28, 1977 At the last Council meeting, Council requested that the Administration review the reports to determine the number of people involved in accidents who may have been drinking. The reports do not reflect this data since on the reports the wording under the influence of alcohol or drugs is used and this indication is only made when the accident is a direct cause of this condition. The officers, who investigate the accidents, do not indicate amount of damage, only type of damage. In the discussion that followed, it was determined that in order to determine if there was a violation involved, the accident would need to be investigated. Also, in order to obtain cause of accidents within the City, accidents would need to be investigated. Councilman Lander said that he felt the citizens for the most part wanted and expected the Police Department to investigate accidents. Councilman Cannon said that it appeared to him the problem had been corrected with regard.to having too many patrolmen and vehicles at the scene of an accident; therefore, there would be no reason for change. Councilman Kloesel said that he did not have the time to review the ordinances and requested that this item be placed on the next Council agenda. Ordinance - Two -Hour Parking Limits The Council's Traffic Committee recommended the establishment of a two -hour parking limit on North Main between Sterling and Defee Avenues; the Administration concurred. Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING CERTAIN AREAS AS TWO -HOUR PARKING ZONES; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Posting of Stop Signs and Yield Signs The Council's Traffic Committee has recommended that stop signs be erected at Littlewood /Newmeadow at Newcastle and that yield signs be erected on MacArthur at Katherine and on Katherine /Queen's Couit at Brownwood. The Administration concurred with this recommendation. Councilman Kloesel moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: - Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE POSTING OF STOP SIGNS AT CERTAIN INTERSECTIONS AND THE POSTING OF YIELD SIGNS AT CERTAIN INTERSECTIONS; PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF; And PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 1 r 6247 Minutes of the Regular Meeting - April 28, 1977 Ordinance - Award Contract for the 1977 Street Improvement Program Four bids were received for the construction of the 1977 Street Improvement Program. The bid tabulation follows: Able Services, Inc. $ 310,395.00 SKRLA, Inc. $ 319,480.00 Warren Brothers Co. $ 344,420.00 Brown & Root, Inc. $ 377,732.00 The low bidder was Able Services, Inc. for $310,395.00. Funds for this project will be expended from the 1976 Revenue Sharing allocations and the current budget. Although Able Services has never performed any con- tract for the City, this contractor has performed satisfactory work for the cities of Houston and Pasadena, as well as industry. Therefore, the Administration recommended that the contract be awarded to Able Services. Councilman Kimmons moved to adopt the ordinance; Councilman Hutto seconded the motion. Councilman Hutto commented that the contract called for 110 working days and asked if the City would make the determination as to what a working day represents; the Administration will make this determination. Councilmen Kloesel said that he was concerned with the quality of work on some of the latest street improvement contracts in Baytown, and that this problem may be caused by having to accept low bid. Mr. Lanham pointed out that on most of these projects, the old material is used, along with new materials which may be causing some of the problem. Some of the problem could also be attributed to the black- gumbo -type soil. The vote follows: Ayes: Council members Kimmons, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: Councilman Kloesel ORDINANCE NO. 2218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ABLE SERVICES, INC. FOR THE CONSTRUCTION OF THE 1977 STREET IMPROVEMENT PROGRAM AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF THREE HUNDRED TEN THOUSAND THREE HUNDRED NINETY -FIVE AND N01100 ($310,395.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance - Final Payment for Sandblasting and Painting Ground Storage Tank This contract was for the sandblasting and painting of a ground storage tank on Bayway Drive near Baker Road. The contract amount was $13,895.00. However, there was an overrun; therefore, the final payment is $14,105.31. This work has been inspected and approved. The Adminis- tration recommended approval of the ordinance. Councilman Kloesel moved for the adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE SANDBLASTING AND PAINTING OF A GROUND STORAGE WATER TANK LOCATED ON BAYWAY DRIVE NEAR RAKER ROAD BY COASTAL TANK LINING COMPANY FINDING THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID COASTAL TANK LINING COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 6248 Minutes of the Regular Meeting - April 28, 1977 Ordinance - Final Payment for Cleaning and Televising Sanitary Sewer Lines The original contract -amount for cleaning and televising sanitary sewer lines was $5,508.56. There was an underrun on this contract; therefore, the final payment is $5,003.18. The Administration recommended approval of the ordinance. Councilman Kimmons moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE CLEANING AND TELEVISING OF SANITARY SEWER LINES BY C M C SPECIALISTS, INC. FINDING THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AND AUTHORIZING THE FINAL PAYMENT TO THE SAID C M C SPECIALISTS, INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinances - Creating Personnel Department and Designating the Personnel Director as the Civil Service Director and Amending the Civil Service Rules for Police and Fire Civil Service System. The Civil Service Commission recently met and elected their Chairman and Vice - Chairman. At this meeting, the City Attorney was - present and explained the options that "the Commission has regarding the appointment of a Civil Service Director. The Director of Civil Service may be someone other than a member of the Commission. By effecting a change in the local Civil Service rules and the City Code, the Director of Civil Service could be the Personnel Director of the City of Baytown. The Administration discovered that in virtually every city in Texas where there are Civil Service and non -civil service employees, this is the arrangement. The Commission has recommended that the necessary changes in the City Code and local Civil Service rules be effected so that the Personnel Director of the City of Baytown would also be the Civil Service Director. The Administration felt this to be logical and recommended approval of the ordinance. At the present time, Mr. Jim Girardeau is acting as Director and in the past one of the members of the Commission acted as Director, but Baytown is one of the few cities with this type arrangement. Usually, the Director of Civil Service is a staff person who handles the day to day administration, while the members of the Commission concern themselves with policy - making decisions and hearing appeals. Council was concerned that by making this change the right of appeal granted to firemen and policemen might be jeopardized, but Mr. Richardson explained that the Director would deal with purely administrative respon- sibilities, while the Chairman of the Commission, as well as the Commission itself, would deal with policy and appellate responsibilities, and this cannot be changed because this is set by law. Councilmen Kloesel and Hutto expressed concern that the Director, if a staff person, might influence the Commission in its decisions. Councilman Kimmons moved for the adoption of,-,the ordinances. There was no second. Councilman Hutto moved to table the ordinances; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Nays: Mayor Pro Tem Lander 6249 Minutes of the Regular Meeting - April 28, 1977 Ordinance - Authorizing Intergovernmental Agreement with the Houston - Galveston Area Council for a Small Area Transit Study Council authorized the Administration to make application for these funds, and the application has been approved. This ordinance authorizes the City to enter into an inter -local agreement with the Houston - Galveston Area Council for a small area transit study. The Administration recom- mended approval of the ordinance. Councilman Hutto moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. Councilman Kloesel expressed the feeling that no planning is necessary since previous studies had been made in this regard and suggested that what is necessary is the implementation of a transit program. Councilwoman Wilbanks explained that the funds are distributed through the Houston - Galveston Area Council with Houston getting a large sun and the remainder being distributed among other cities in Harris County. Houston may not accept figures accumulated in years past for inclusion in their program. What is being planned in Houston will be beneficial to the City of Baytown. For example, there may be a possibility that Houston will use I -10 as one of the main arteries in their plan for a park and ride system, which the City of Baytown could continue on this side of the river. Councilman Hutto felt that the funds would not be allocated to the City of Baytown without the study. The vote follows: Ayes: Council members Wilbanks, Hutto and Cannon Mayor Pro Tem Lander Nays: Councilman Kloesel Abstained: Councilmen Kimmons ORDINANCE NO. 2221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HOUSTON- GALVESTON AREA COUNCIL PROVIDING FOR JOINT PARTICIPATION BETWEEN THE CITY AND THE HOUSTON - GALVESTON AREA COUNCIL WITH REGARD TO A SMALL AREA TRANSIT SYSTEM STUDY. Councilman Cannon Absent. Resolution - Transfer of Funds for Small Area Transit Study Grant This item is related to the previous item. The Administration recommended approval of the resolution. Councilwoman Wilbanks moved for the adoption of the resolution; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Wilbanks and Hutto Mayor Pro Tem Sander Nays: Councilman Kloesel RESOLUTION NO. 572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FOUR THOUSAND AND N0 1100 ($4,000.00) DOLLARS FROM GENERAL FUND ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO GENERAL FUND ACCOUNT NO. 0101 -06 -0400, SPECIAL SERVICES. 6250 Minutes of the Regular Meeting - April 28, 1977 Authorization to the Director of Planning and Traffic to Mail Requests for Proposals for a Small Transit Study This item is also related to the last two items discussed. The Administration recommended approval. Councilman Hutto moved to authorize the Director of Planning and Traffic to mail requests for proposals for a small area transit study. Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Wilbanks and Hutto Mayor Pro Tem Lander Nays: Councilman Kloesel Resolution - Supporting Construction of a Bridge Across the Houston Ship Channel in the Vicinity of the Baytown- LaPorte Tunnel The Administration was directed to prepare this resolution at the last Council meeting, and the recommendation was for approval. Councilman Kloesel moved for the adoption of the resolution; Councilman Hutto seconded the motion. Councilman Kimmons suggested that if the resolution passed that Council do something other than to send copies to the State Highway Department to promote this bridge. He suggested that this could be done through the Chamber of Commerce and other organizations in the City. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None RESOLUTION NO. 573 AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTONN , TEXAS, URGING THE TEXAS HIGHWAY DEPARTMENT TO PROCEED WITH PLANS FOR A BRIDGE CROSSING OF THE HOUSTON SHIP CHANNEL ON STATE HIGHWAY 146; DIRECTING THE MAYOR TO'EXECUTE AND THE CITY CLERK TO ATTEST THIS RESOLUTION; DIRECTING THE CITY MANAGER TO FORWARD CERTIFIED COPIES OF SAME TO THE TEXAS HIGHWAY DEPARTMENT; AND PRO- VIDING FOR THE EFFECTIVE DATE HEREOF. Resolution - Approving and Adopting the Parks and Recreation Department Policy Manual Mr. Lanham explained that it was important that the manual be adopted at this meeting because annual registration would begin May 1. Mr. Rountree, Director of Parks and Recreation, reviewed some of the suggested changes with Council. The original manual was adopted in 1967 and certain policies have developed through the years that have been handed down from director to director. The parks' staff and the parks' board have been working on this manual for approximately six months, and feedback was requested from the different groups who utilize the various Parks and Recreation facilities. The manual covers rules, regulations, and reservation procedures for the Community Building, Outdoor Theatre;- Bicentennial Park, Roseland Park Pavilion, swimming pools and athletic fields. In response to a question from Council regarding police protection, Mr. Rountree explained that there should be at least one policeman for every 100 people. Mr. Rountree also explained that the manual simply sets out procedures that were now being followed -1 standardized fees. Since this manual had been thoroughly reviewed by the parks' board and the staff and there had been considerable input from the public, Council felt that due to the necessity for the adoption of the manual, that if necessary, revisions could be made at a later date. 6251 Minutes of the Regular Meeting - April 28, 1977 Councilman Kloesel moved to adopt the resolution; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None �. RESOLUTION NO. 574 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, ADOPTING THE "CITY OF MYTOWN PARKS AND RECREATION DEPARTMENT POLICY MANUAL" FOR THE CITY OF BAYTOWN. Resolution - Authorizing the Execution of a Planning Grant Agreement for the Development of an Airport Master Plan At the last meeting, the Administration had received notification that the application had been approved. Since that time the formal offer has been received. That grant will be for $45,000.00 and the City's portion will be $5,000.00. The Administration recommended adoption of the resolution which accepts the grant offer and authorizes the execution of an agreement for such purpose. Councilman Kimmons moved for the adoption of the resolution; Councilwoman Wilbanks seconded the motion. Council expressed concern that at the time the proposal was first introduced to Council it was for the development of a master plan and the present facility would be considered in that plan; however, in this agreement reference is made to developing a master plan for a new municipal airport. Mr. Lanham explained that the consideration of the existing facility was included in the application, but since the wording was not clear, perhaps Council would like to table the matter until the Administration could have the matter clarified. Councilman Kloesel moved to table the resolution; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None Abstained: Councilman Kimmons Resolution - Approving the Draft -Plan Design for the Sam Houston Resource Conservation and Development Protect The City of Baytown is a member of the Sam Houston Resource Conservation and Development District which is primarily a rurally oriented organization. However, it is possible that the City of Baytown might obtain funds for water sports recreation in this area or flood control purposes. This resolution will adopt the draft -plan design which lists the various committees and their objectives. There is no cost to participate. The Administration recommended adoption of the resolution. Councilman Hutto moved for the adoption of the resolution; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None RESOLUTION NO. 575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF R4YTOWN, TEXAS, APPROVING THE DRAFT PLAN DESIGN FOR THE SAM HOUSTON RESOURCE CONSERVATION AND DEVELOPMENT PROJECT AS A GUIDE FOR PLANNING AND OPERATIONS. 6252 Minutes of the Regular Meeting - April 28, 1977 Authorization to Prepare Detailed Plans and Specifications for Phase II of the Baytown Sports Complex Bonds have been sold for projects to be completed in the third and fourth year of the bond program which include the construction of Phase II of the Baytown Sports Complex. Included within the Phase II construction are parking and drainage work; two lighted tennis courts; two softball fields; play area and play slab; and a small maintenance building. The estimated cost of this construction is $215,000.00, but an outdoor recrea- tion grant has been approved for $107,000.00. Also, included in the Phase II construction is a neighborhood center at an estimated cost of $138,000.00. The Administration recommended that Busch, Hutchison and Associates, Inc. be authorized to proceed with plans and specifications for Phase II of the Baytown Sports Complex and that they be authorized to select an architect to design the neighborhood center. Councilman Kloesel moved to accept the recommendation of the Administration; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None Authorize Advertising for Bids for Sliplining Contract No. 77 -1 The televising of lines, plus some cave -ins indicate the need of sliplining in various parts of the City. A map located in the back of the Council table indicated the areas where sliplining would be necessary. The estimated cost of this sliplining is $185,000.00; 10,500 feet or almost 2 miles'of sliplining is involved. Included in the last bond sale is $500,000.00 for this type of work. The Administration requested permission to advertise for bids for Sliplining Contract No. 77 -1. Councilman Kimmons moved to accept the recommendation of the Administration; Councilman Hutto seconded the motion. In response to a question from Council, Mr. Powers, City Engineer, explained that in new subdivisions, only PVC pipe or a combination of concrete with a limestone aggregate pipe was not, being used. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem. Lander Nays: None Four -Day Work Week for Certain Public Works Operations At the present time the employees in the Sanitation Department are working a four -day week. The Administration would like to implement this type program in the Street and Drainage Divisions and for some of the people in the water and sewer construction crews. These employees are the ones usually involved in major construction or repairs and may spend several days or weeks on one project. Time is loot daily in setting up and taking down equipment. Some of this time could be saved by working four, ten -hour days, and by working the four -day week preventive maintenance could be scheduled for the equipment. The Administration felt that the four -day work week would improve the efficiency of the employees and thereby, productivity. The Administration requested approval to implement this program for an experimental three -month period, with the understanding that a report would be made to Council at the end of the three -month period. The Administration did not anticipate having difficulty in the event the return to a five -day work week became necessary. 6253 Minutes of the Regular Meeting — April 28, 1977 Councilman Kloesel moved to accept the experimental plan outlined by the Administration; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None Committee Reports None. Unfinished Business Councilman Kloesel asked what would transpire should the Houston Lighting and Power Company's request for cost of service adjustment and fuel cost adjustment be denied. Mr. Richardson responded that if the request was disapproved, the rates in effect before the previous adjust- ment would remain in effect and that there was really no right to appeal. If this impaired Houston Lighting and Power Company's earning ability, they would be forced to file application for a rate increase. Councilman Kloesel moved that the City of Baytown disapprove this proposed rate increase shown as a cost of service adjustment and fuel cost adjustment. There was no second to this motion. Recess and Reconvene Mayor Pro Tem Lander recessed the meeting into executive session for the discussion of land acquisition and personnel matters. When the open meeting reconvened, Mr. Lanham explained that Council authorization was needed to obtain appraisals on park land. Councilman Kimmons moved to authorize the Administration to obtain appraisals on parks land; Councilman Hutto seconded the motion. Councilman Kloesel asked that when looking at park land, that the area in Old Baytown where the Guadalupe Church is situated be considered for further development since the residents in that area had developed a small area. Mr. Wayne Gray, Chairman of the Parks' Board, was present and said that the Board had looked at this area, but was unable to locate available land there. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, and Hutto Mayor Pro Tem Lander Nays: None Appointment of Board of Equalization Councilman Kloesel moved to appoint C. 0. Walker, Lamar Kelley, and A. H. Miles to serve on the Board of Equalization for 1977; and to set the first meeting of the Board for June 1 at 5:00 p.m.; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None ORDINANCE NO. 2222 AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION TO SERVE FOR THE YEAR 1977, FIXING THE TIME OF THE FIRST MEETING OF SAID BOARD, AND AUTHORIZING SAID BOARD TO EXERCISE THE POWER AND FULFILL THE DUTIES CONFERRED UPON ON IT BY THE CHARTER OF THE CITY OF BAYTOWN. 6254 Minutes of the Regular Meeting - April 28, 1977 There being no further business to transact, Councilman Kloesel moved to adjourn; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto Mayor Pro Tem Lander Nays: None Eileen-P. Hall, City Clerk 7 M,�