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1977 09 08 CC Minutes70908 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 8, 1977 The City Council of the City of Baytown, Texas, met in regular session Thursday, September 8, 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 Hutto Allen Cannon Tom Gentry Fritz Lanham Dan Savage Neel Richardson Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Mayor Gentry called the meeting to order, and the invocation was offered by Councilman Allen Cannon. Approve Minutes A typographical error had been corrected on Page 17 of the minutes and a copy of this corrected sheet had been placed at the Council table. Councilman Kloesel moved to approve the minutes of the regular meeting of August 25, 1977, as amended, and ratification of actions concerning each of the matters listed on the agenda of said meeting; 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. Citv Manaeer's Report High -Level Bridge Crossing Houston Ship Channel on State Highway 146 - Mayor Gentry has received a letter from Mr. DeBerry with the State Department of Highways and Public Transportation regarding the appearance of the Baytown delegation before the Commission on August 1, 1977, requesting construction of a high -level bridge across the Houston Ship Channel on State Highway 146. Attached to Mr. DeBerry's letter is a Minute Order No. 73281 directing the Engineer- Director to proceed with preliminary engineering; to develop necessary social, economic and environmental consideration; to hold necessary public hearings; to determine right of way requirements; to develop pre- liminary plans; to secure necessary permits; to enter into contrac- tual agreements for acquisition of required right of way, with acquisition policies for acquiring real property; and to participate in the purchase of right of way and provide relocation assistance as may be determined to be eligible under the Relocation Assistance Pro- gram, at an estimated State cost of $100,000.00. However, the Minute Order also reflects that the above action is taken with the under- standing that funds are not presently available for construction and that such construction may be undertaken as funds become available in the future. The estimated cost of the entire project is $70,000.000.00. 70908 -2 Minutes of the Regular Meeting - September 8, 1977 Sterling Municipal Library - The Committee that is planning the open house at the Library is proposing to hold the open house on October 23 which is a Sunday between the hours of 2 -5 p.m. if this is acceptable to Council. Council had no objections. Bicycle and Pedestrian Way on West Main Bridge - The Admin- istration has checked with the County's Engineering Office regarding the estimate for a bicycle and pedestrian bridge on the West Main Bridge. The County Engineers reviewed the existing bridge plan and agreed with the estimate that the City developed. No Smoking Ordinance - A draft of a no smoking ordinance has been developed by the Legal Department. This draft is based upon the Legal Department's study of the state law regarding the authority of cities to regulate this matter, and also, based upon their study of ordinances adopted by other cities. The ordinance, as drafted, would prohibit a person to smoke or carry lighted tobacco in any form in any of the following areas: (1) Any portions of a retail establishment where dry goods, fabrics or clothing are sold. (2) Any retail establishment where food is sold for off premises consumption, except areas not open to the general public. (3) Any passenger elevator used by the public. (4) Public areas of any hospital or nursing home. (5) Seating areas of theaters, motion picture theaters, music and concert halls and libraries. (6) Display areas of museums. (7) Any area of a public establishment frequented by the public which has been designated by the owner or person in charge of such establishment and marked with a sign or signs. The state laws requires that the owner of the establishment be responsible for placing signs. Mayor Gentry suggested that the ordinance be placed on the agenda for the next Council meeting, and in the meanwhile Council will have ? the opportunity to read the ordinance to determine if the ordinance has any merit. The State law does prohibit smoking in certain areas i now without a city ordinance, for instance libraries. Councilman Cannon requested that the Administration check with other cities where a no smoking ordinance has been adopted regarding enforce- ability. Sliplining Projects - All of the line in the Hill Terrace area has been installed and this work has been completed. The liners have been installed between Harvey and Scott Streets. This project is about 56% complete. Street Improvement Project - All of the concrete work on North Jones has been completed and concrete curb and gutter work is under- way on Baylor Street from Park to Schilling. Community Development Program - All of the concrete sidewalk has been completed on West Texas and Laredo, and installation of the 18" storm sewer along Fortinberry has begun. Bayway Drive Water Line - Thirty -two hundred feet of line has been installed. Market Street Bridge - The fill has been essentially completed. The contractor is finishing tearing out the old bridge and about 900 of the storm sewer is in place. East District Sewage Treatment Plant - The forms are being installed for the construction of beams and floor slab of the centrifuge for which concrete will be poured on Tuesday. This project is about 60% complete. 70908 -3 Minutes of the Regular Meeting - September 8, 1977 Comments and Questions Regarding the City Manager's Report Councilman Cannon commented that he has been receiving many calls regarding water bills which had not been read for 2-4 months. Mr. Lanham explained that there has been a real problem with turnover of employees which made it difficult to get the meters read. The recent bills included a period of 45 days rather than the normal 30 days. This was the reason for the recommendation in the budget that the meter reader's salary be increased. Secondly, r the latest bills also cover the period of largest use which would also produce higher bills. Councilman Cannon asked if the meter reading date is indicated on the water bill or the last date of the month. Mr. Savage, Assistant City Manager, responded that the last date of the month is used in order that consumers will not receive more than 12 bills per year. Council requested that the Administration study the matter to try to develop a system where the actual reading date would be indicated on the water bill. Open and Publicly Read Bids for Official Depository of City of Baytown Funds for a Two -Year Period Beginning October 1, 1977 The only bid received was that of Citizens National Bank and Trust Company, which the City Manager read as follows: For deposits of $100,000 or more with maturity of 30 -89 days.................... ............................... 6.55$ Maturities between 90 -179 days ......................... 6.60% Maturities 180 days or more, but less than one year.... 6.65$ For deposits of less than $100,000.00 with maturity of 30 days or more, but less than one year ................ 6.50% J. B. LeFevre, Director of Finance, was asked to review the bid and report back to Council later in the meeting. Representative of Bay -Can Rentals Appeared Mr. Bill Crane, representative of Bay -Can Rentals, requested that Council consider extending the boundaries where waste products could be collected and deposited into the City of Baytown's sewerage system to include Gulf, U. S. Steel, and Mobay. At the present time the boundaries established by Council are San Jacinto River on the West, I -10 on the North, Cedar Bayou on the East and Tabbs Bay on the South. Mr. Lanham said that the boundaries were established to prohibit Baytown from becoming the recipient of all waste products in this area since there were several cities who were prohibiting such discharges into their systems at the time the ordinance was adopted. Mr. Lanham said that Mr. Crane's request seem to be reasonable. Since the request of Mr. Crane involved industries that are included in the City of Baytown's Industrial Districts, Mayor Gentry suggested that perhaps the policy could be revised to reflect that the right to dump into the City of Baytown's sewerage system would be extended to any properties located in the city's industrial districts or to any taxpayer whose property is contiguous with pro- perty within the city limits. Councilman Kimmons moved to revise the policy as suggested by Mayor Gentry; Councilman Kloesel seconded the motion. Council suggested that the Administration review the charges provided in the ordinance from time to time to be certain that the charges were adequate. The vote follows: 70908 -4 Minutes of the Regular Meeting - September 8, 1977 Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Ordinance - Awarding Contract for Official Depository for City of Baytown Funds The Director of Finance reported that the bid was in order and that it was a good bid. He also pointed out that the City has had very good working relations with this bank and recommended accep- tance of the bid. Councilman Kimmons moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. Councilman Kloesel was curious why only one bid was received. Mr. Lanham explained that any bank awarded this depository contract would be required to have security in sufficient amount to cover the city's deposits, and these securities could only be government bonds or federally guaranteed. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SELECTING A CITY DEPOSITORY PURSUANT TO THE TERMS AND PROVISIONS OF THE APPLICATION AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Public Hearing - Southwest Video (CATV) for Rate Increase Mayor Gentry allowed time for any individual who desired to } speak at the public hearing to register. Mr. Lanham explained that a letter had been received from Mr. Apffel, as representative of Southwest Video Corporation and Mr. Frank Staley, Manager, requesting a rate increase. At present Southwest Video is charging $5.25 per month for its primary service and would like to increase this charge to $7.50 per month; the $1.00 charge for additional outlets would be increased to $2.00 er month; and the charge for connections would be increased from 12.00 to $19.95. The company has a franchise to do business in Baytown which requires that any rate increase be submitted to Council and that a public hearing be held. The present rates were adopted in November, 1971. Mr. Apffel, Mr. Staley and Mr. Graver were present, but Mr. Ray Graver made the actual presentation on behalf of Southwest Video. Mayor Gentry inquired to what did the company attribute its loss of $477,000.00 for the year ending December 31, 1976. Mr. Graver responded that the loss was basically due to lack of sub- scribers, plus the fact that Teleprompter purchased most of the company's stock from Southwest Video. Teleprompter owns 97.5% of the stock. In any cable system there is also a tremendous amount of capital which must be put into the operation. The figures which the company presented to Council included the operations in Baytown, Humble and Clear Lake City. Mayor Gentry was interested in the figures for the Baytown area and requested that the company present this information before he would be willing to make a decision. Mayor Gentry said that the reasoning for this is that the Council regulates only matters pertaining to the City of Baytown. Mayor Gentry also questioned the fact that the company was not servicing the entire city and the franchise 70908 -5 Minutes of the Regular Meeting - September 8, 1977 agreement provided that it is incumbent upon Southwest Video to service the citizens of Baytown, which to the Mayor meant making these services available to all the citizens of Baytown. Mr. Graver explained that this was the original intent, and at this time, approximately one -half of the City of Baytown is built. There is about 185 miles of plant that could be built to service the entire area; 91 miles have been built. The company discontinued the process because they were only getting 15% of the subscribers. Councilman Kloesel stated that he was not sure that the Council was wise to regulate Southwest Video or cable television because by regulation, Council would require the company to have lines throughout the City and there are some areas of the city that may not want the service. He felt that the company should be free to put lines in where requests for service are made. Councilman Kloesel said that he felt that it was not necessary for Council to regulate this type operation; Council members Lander and Kimmons concurred, but Councilman Kimmons pointed out that since the company uses the city streets, a franchise must be granted. The City Attorney explained that the use of the City streets is the franchise. The franchise is the lease of the city's public right of ways and alleyways for income generating purposes. During the discussion, it was pointed out that the company does not have an exclusive franchise agreement and another company could be granted a franchise to operate. Mayor Gentry inquired as to the reason for granting only one franchise when more could have been granted. Mr. Graver explained that once a company obtained a franchise, it was very difficult for another company to be competitive in the same area. Councilman Kloesel said that he could see no real need for the franchise. The City Attorney asked that before Council took any action to withdraw from the franchise to allow his department time to look into the matter and to report the effects of such an action. Councilman Kloesel said that he would be in favor of granting the increase and placing this item on the agenda for the next Council meeting in order to release some of the restrictions granted by the franchise. Councilman Kimmons commented that he has received numerous complaints that there is no listing of the stations on CATV in the paper. Mr. Graver explained that he will have to check into the reason why the stations are not listed. Mr. Frank Staley of Teleprompter commented that recently the corporation started receiving the listing of the programs and they are being typed out and an individual who is on cable can receive the listing. Mr. Graver explained that when the franchise was granted, the FCC had indicated that the cities must regulate the rates, and this has since been rescinded. Also since that time the courts have determined that cable television is not an utility. The company does pay the City a franchise fee for the use of the city's right of ways, and the company has a separate agreement with the General Telephone Company or the power company to use their pole attachments. Councilwoman Wilbanks inquired if perhaps the City could main- tain its franchise agreement in order to be informed concerning the company's activities without charging a franchise fee, if Council determined this to be desirable. Mr. Richardson stated that the Legal Department would need to check this because the FCC has set rules that must be adhered to. Councilman Lander inquired if the company is planning to make the same request for a rate increase in the surrounding communities. The company indicated that they are planning to make the same request. There being no further discussion or questions, Mayor Gentry declared the public hearing closed. 70908 -6 Minutes of the Regular Meeting - September 8, 1977 Ordinance - Establishing Rates to be Charged by Southwest Video Councilman Kloesel moved that the ordinance be adopted; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Nays: Mayor Gentry ORDINANCE NO. 2306 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 31, "UTILITIES," BY ESTABLISHING RATES TO BE CHARGED ALL PERSONS FOR CABLE TELEVISION SERVICE; REPEALING ORDINANCES INCONSISTENT HEREWITH TO THE EXTENT OF SUCH INCONSISTENCY; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilman Kloesel asked that the Administration place the cable television franchise on the agenda for the next Council meeting in order to retain the franchise and decrease the restrictions of the franchise. W. J. Jackson Will Annear Mr. Jackson appeared at the last Council meeting to request that the accumulated tax penalty and interest on his property be waived because of an error in computation on the part of the City. The agenda packet included a memorandum from J. B. LeFevre, Director of Finance, regarding this matter and copies of the documents that Mr. Jackson brought in regarding his tax statements were placed at the Council table. After Council reviewed the tax statements, Mayor Gentry commented that there was not any question as to the taxes nor the penalty for f non - payment of taxes up until 1965. In 1965, the taxes increased from $69.00 to $138.00 and that remained until 1967 when the taxes decreased to $78.00 when the error was corrected. Councilwoman Wilbanks inquired if the total delinquent bill that Mr. Jackson received reflected the adjustment made for 1965 and 1966. In response, Mr. LeFevre explained that this adjustment was made in 1972 and the records were corrected. Councilman Lander inquired if Council can legally waive the interest and penalty for the 2 years when this was in error. In response, Mr. Richardson, the City Attorney, explained that the general rule is that you may not waive something that is a just debt to the City. He explained that he has looked at this question and there is very little room for discretion. Mayor Gentry commented that he felt that Council is not in a position to forgive the penalty and interest other than the obvious errors that were made in 1965 and 1966. Councilman Hutto inquired about the securing of a lien on this property, was it for 1965 and 1966 or was it for the total amount of taxes due? He commented that he does not know how the City can release the lien without the debt being paid. Mr. Scott Bounds, Assistant City Attorney, explained that the City had taken a judg- ment that became final about 6 months ago. The City can release that judgment upon sufficient consideration but Council would need to find legal justification to release the two years that were in error. 70908 -7 Minutes of the Regular Meeting - September 8, 1977 Councilman Lander moved that Council delay a decision on this matter until the next Council meeting and give the City Attorney an opportunity to see what the Council might work out for the years 1965 and 1966. Mr. Richardson asked that Council give him the authority to check on whether there is some authority, for not excusing or for- giving, but for finding because of the these circumstances that these taxes were not owed. Councilman Kloesel moved that Council give the City Attorney this authority; Council concurred with this suggestion. Mayor Gentry commented that Mr. Jackson should get with Mr. Richardson and try to resolve this situation; Council concurred with this action. Mr. Dickson Hamiter Will Not Appear Consider Approving the Baytown Sports Complex Neighborhood Center Concept and Authorizing Busch, Hutchinson and Associates to Proceed With Detailed Plans and Specifications At the last Council meeting, no action was taken on the design concept for the Neighborhood Center at the Baytown Sports Complex. The Council had reviewed the plans and asked for additional infor- mation on the reservations as related to the type of meeting room facilities available at the Community Building. For the year of 1976, the ratio for the reservations of the auditorium versus the remainder of the rooms were 5 to 1 for smaller rooms. Of the 2,827 total reservations all of those with the exception of 471 were for smaller rooms. Thus far in 1977, there has been a total of 2,093 and all of those with the exception of 328 have been for the smaller rooms. The ratio is a little above 5 to 1 for 1977. The vast majority of reservations are for the smaller rooms. Council also asked that the Administration prepare some informa- tion on the possible savings and energy cost if this type of building were constructed. Mr. Jim Hutchinson, Consulting Engineer of Busch, Hutchinson and Associates was present to review this with Council. Mr. Hutchinson read an article, "External Shading Devices ", from the Handbook of Air - condition Heat in and Refri eratin En ineers. "In general, external s a ing evaces w is eliminate all erect radiation and still permit free air to move at the outer wall service will reduce the solar heat gain by as much as 80% and in this category are found architectural treatment such as overhangs, wings, screen walls as well horizonal and vertical louvers and vented awnings." This speaks too a good reason for having the overhang for any energy conservation. Another chart in this book shows that the latitude that the architect plans to build this concept is 32 degrees north and that the southeast, south and southwest walls will be protected by this overhang. He explained that energy conservation is not the only reason for this overhang but for esthetic purposes as well as a shelter area. This overhang is about 8 feet around the perimeter of the building and is approximately 2400 square feet of surface area. This is essentially a sidewalk. r In response to questions from Council, Mr. Hutchinson explained that the 2400 square feet for the overhang is not included in the 4200 square feet that is enclosed inside the building. The total estimated cost is approximately $138,000.00 including the engineering architectural fees. Ten percent of the cost would be for the over- hangs. Mr. Hutchinson estimated that about 8 tons of air conditioning would be installed in this building based on the number of square feet and the capacity of people using this facility. He also estimated that the cost would be approximately $50.00 per month per ton for air- conditioning based upon a 24 hour basis. This would be a normal month when the heat will vary. Mr. Hutchinson explained that he had 70908 -8 Minutes of the Regular Meeting - September 8, 1977 talked with Mr. Bobby Rountree, Parks and Recreation Director, and he indicated that probably a clock would be installed and it would run the air - conditioning system on a 18 hour basis. Mr. Hutchinson also commented that half of the external heat load comes through the walls and half comes through the roof. Actually there is more heat coming from the people and appliances in the building. If the book is correct, and if 50% of the heat load comes through the walls and 80% of this would be eliminated, the heat load would be reduced by about 40% which would decrease the cost by about $120.00 a month. Councilman Kimmons moved to approve the Baytown Sports Complex Neighborhood Center Concept and to authorize Busch, Hutchinson and Associates to proceed with detailed plans and specifications; Councilman Hutto seconded the motion. Councilman Kloesel commented that he felt if an open -type building were constructed, there would be less of a maintenance cost and less personnel. He also commented that it will take more personnel to staff the small meeting rooms. In response to a question from Councilman Kloesel, Bobby Rountree, commented that in this year's budget, a request was made for one supervisor and one custodian and that perhaps in a few years, the only other person needed would be a secretary. Part -time people would be needed for weekends and nights. In response to a question from Councilman Cannon, Mr. Hutchinson explained that this building would be centrally located and would be able to shelter people during bad weather. Sidewalks will lead to the building from the different areas of the Sports Complex. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Mayor Gentry called a ten minute recess. Ordinance - Adopting a Budget for Fiscal Year 1977 -78 The ordinance has been prepared and the changes that were made by Council at the last budget session have been included in the budget document and are reflected in the amounts shown in the proposed ordinance. The ordinance provides that funds are appro- priated for the four accounts as follows: General Fund $9,136,655.00 Waterworks and Sanitary Sewer Fund $3,354,662.00 General Fund Debt Service $1,766,750.00 Waterworks and Sanitary Sewer Debt Service $ 353,964.00 This budget can be financed with the tax rate that we now have and the only increase affecting citizens that is necessary to finance this budget is an increase in water rates which will almost double the current rate. The Administration recommended approval of the ordinance. Councilman Kimmons moved for the adoption of the ordinance; Councilman Lander seconded the motion. Councilman Cannon expressed his concern about the increase of water rates but stressed the fact that there really is no other choice since the City of Baytown is going to convert to surface water. Councilman Cannon commented that it is a tight budget which he is 100% in support of. Councilman Kloesel commented that the Administration overhead is in excellent condition, and as a result, he felt that Council has neglected the operation areas. Councilman Kloesel also expressed his concern about the Fire Department's budget in that he felt more money is needed for capital outlay for fire fighting equipment. He felt that capital outlay should be increased by $35,000.00 to purchase a mini - pumper. The vote follows: i r r 70908 -9 Minutes of the Regular Meeting - September 8, 1977 Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Council member Kloesel ORDINANCE NO. 2307 AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE. Ordinance - Setting the Ad Valorem Tax Rate for Fiscal Year 1977 -78 This ordinance would continue the $1.52 tax rate which would be distributed as follows: $1.087 would be appropriated for General Fund operations and $.433 for debt services for General Obligation Bonds. The Administration recommended approval of the ordinance. Councilman Lander moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Xim.nons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2308 AN ORDINANCE FIXING THE RATE AND TAX LEVY FOR THE CITY OF BAYTOWN, TEXAS, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN, TEXAS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. Ordinance - Appropriating Revenue Sharing Funds for Ninth Entitlement Period The change that Council instructed the Administration to make has been worked into the proposed ordinance, that being to increase the appropriation for drainage equipment by $48,000.00 and eliminate the street striper. The total amount for Revenue Sharing Funds for the Ninth Entitlement Period is $522,139.00. The Administration recommended approval of the ordinance. Councilman Kloesel moved for the adoption of the ordinance; Councilman Hutto seconded the motion. Councilman Kloesel stressed his concern about setting $48,000.00 aside for drainage equipment because this piece of equipment would not be delivered until the winter season. Mr. Lanham proposed to immediately receive bids on one gradall -type piece of equipment. Mayor Gentry asked that Mr. Lanham keep Council informed as to when financially the City will be able to order the other piece of equipment and add an additional drainage crew. Councilman Cannon felt that the Animal Sterilization Program has some merits but felt that other items should have higher priority. Councilman Cannon moved to amend the original motion to remove the $15,000.00 included for the Animal Sterilization Program and add that $15,000.00 to the Drainage Equipment Category. Councilman Kloesel seconded the motion. 70908 -10 Minutes of the Regular Meeting - September 8, 1977 Councilman Kloesel commented that the Animal Sterilization Program should be encouraged, but should be done by the citizen at their own expense. He also commented that he felt that the drainage fund is a much more critical area. Councilman Hutto commented that he agrees with Councilman Kloesel in some aspects but felt that the Animal Sterilization Program is also a rabies control program. He also commented that 300 certificates were issued for the Animal Sterilization Program since Council allocated money for this purpose. The approximate cost is $40.00 per animal which is a great deal to ask citizens to pay without some help. Councilman Hutto stressed the fact that the entire community will benefit from this program if the City can get 300 more certificates in the next few months. Councilman Lander and Kimmons concurred with Councilman Hutto. The vote follows on the motion to amend: Ayes: Council members Cannon and Kloesel Nays: Council members Lander, Kimmons, Wilbanks and Hutto Mayor Gentry Councilman Kloesel commented that he had also hoped to reduce the funds for the Police Garage because $63,000.00 is an indication of the large number of vehicles in the Police Department. Councilman Kloesel indicated that if the vehicles were kept to the minimum needed, there would be no need to expand the garage except for perhaps installing additional lift equipment. The vote follows on the original motion: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2309 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE FIVE HUNDRED TWENTY -TWO THOUSAND ONE HUNDRED THIRTY -NINE AND NO /100 ($522,139.00) DOLLARS FROM THE UNAPPROPRIATED NINTH ENTITLEMENT PERIOD FUNDS OF GENERAL REVENUE SHARING, 1978, TO THE FOLLOWING BUDGET ACCOUTNS: 7910, PUBLIC SAFETY; 7920, ENVIRONMENTAL PROTECTION; 7930, PUBLIC TRANSPORTATION; 7940, HEALTH; 7950, RECREATION; 7960, LIBRARY; 7980, FINANCIAL ADMINISTRATION; DIRECTING THE CITY CLERK TO FILE AND GIVE NOTICE OF THE AVAILABILITY OF THE ADOPTED BUDGET; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Amending the Code of Ordinances to Allow a Subdivision Developer the Discretion of Determining Whether Sidewalks Shall Be Reauired This is the ordinance that Councilman Hutto asked the Aministration to prepare at the last Council meeting. It amends the code to give the subdivider the option of requiring or eliminating sidewalks in a proposed subdivision at the time that he files the final subdivision plat. This ordinance would also amend the Building Code to provide an exception for the sidewalk requirement of the Building Code if the subdivider has submitted his final plat without sidewalks. Councilman Hutto felt that Council should give the ordinance consideration because it would give the people an option of buying a home in a subdivision with sidewalks or without sidewalks. 1 Councilman Hutto moved to adopt the ordinance; Councilman Kloesel seconded the motion. Councilman Lander commented that he believes that sidewalks are needed and necessary in some places such as the larger and more busy streets leading into subdivisions and for this reason he will not be able to support this ordinance. 70908 -11 Minutes of the Regular Meeting - Sep - ,ember 8, 1977 Mayor Gentry commented that he did not see why the people who do not live on collector streets should be penalized by requiring them to have sidewalks. Councilman Kimmons commented that sidewalks are essential and the difference in cost of the lots will not make the difference of whether or not the subdivider will install sidewalks. He also commented that sidewalks are a means of pedestrian traffic and with this ordinance - sidewalks will never be installed. Councilman Hutto agreed that side- walks would be necessary if they were leading to a collector street or a shopping center. Councilman Kimmons suggested that an ordinance needed to be drafted which would designate areas where sidewalks are necessary and where sidewalks are not necessary. Councilman Lander concurred with this suggestion. Councilman Kloesel suggested that an item be placed on the agenda or have a work session and discuss how the Council might go to a bond program or create a type of district or an area to install sidewalks. Councilmen Hutto and Kimmons concurred. Councilwoman Wilbanks said that she would like to see the sidewalks placed in the neighborhoods themselves, and then go this other element of the City participating when you go beyond the neighborhood. She felt that it would be very difficult to accumulate a sum of money that would allow any one entity to handle both of these areas. She also commented that if some of the burden is assumed for the sidewalks in the neighborhood by those who live there then she would like the City to assume the financial burden for sidewalks along the major thoroughfares and make it an united plan and not a sidewalk to nowhere. Councilman Cannon commented that there are some problems today which had the City required sidewalks 10 years ago, the problem would probably not exist today, and the stressed the fact he favored requiring sidewalks in subdivisions. The vote follows: Ayes: Councilman Kloesel Mayor Gentry Nays: Council members Lander, Kimmons, Wilbanks and Cannon Abstained: Councilman Hutto The motion was defeated. Ordinance - Amending Chapter 26 of the Code of Ordinances Specifying New Standards for Sidewalks and Driveways The Administration felt that since sidewalks will be required there should be a change in the ordinance and also in the requirements for driveways. Mr. Ken Powers, City Engineer, reviewed these changes with the Council. One thing that will be required is sand cushion under the sidewalks and also that sidewalks will be reinforced with N6 wire mesh or an equal reinforcement. There was a conflict as to the thickness of the sidewalks in the subdivision specifications that required four (4 ") inches and in Chapter 26, it stated four and half (4� ") inches which will be revised to four (4 ") inches. The width of the sidewalks was spelled out at four (41) feet in the subdivision regulations and was not spoken to in Chapter 26; therefore, four (4') feet is being specified in Chapter 26 for the width of the sidewalks. The driveway regulations did state six (6 ") inch thick driveways which has been changed to state five (5 ") inches thick on the city right -of -way to take care of the heavy load of vehicles and four (4 ") inches on private property. Mr. Powers also asked that this construc- tion be reinforced with M6 wire mesh or an approved equal. Both of these items, sidewalks and driveways, should meet FHA minimum require- ments. There was an old clause in Chapter 26 which provided that upon direction by the Director of Public Works, a property owner, at his expense, would be required to replace a damaged sidewalk. This clause has been taken out so that it will be the City's obligation to repair any sidewalks that are damaged. This is the main reason the Administration would like to up -date these specifications because 70908 -12 Minutes of the Regular Meeting - September 8, 1977 if the City is going to take the responsibility of maintaining the sidewalks, we would like to make sure that they are built according to the City's specifications. The Administration recommended approval of the ordinance. In response to a Question from Councilman Kloesel, Mr. Lanham explained that funds would come out of the Revenue Sharing Street and Sidewalk Fund to repair sidewalks. Councilman Kloesel moved for the adoption of the ordinance; Councilman Cannon seconded the motion. Councilman Kimmons inquired about the additional cost of installing wire mesh in the sidewalks. Ken Powers commented that there would be an additional cost of approximately $28.80 in adding the wire mesh. Mr. Powers also added that he had talked with two contractors who are meeting these specifications at the present time and they said the cost of their labor would not be increased one way or the other with or without reinforcement. Mayor Gentry inquired what procedure would be used in determining which sidewalks are to be replaced and when. Mr. Lanham suggested that the same approach be used as that used in determining what streets are to be rebuilt, that is the ones in worst condition. Councilwoman Wilbanks inquired about the reasoning for requiring mesh in both the sidewalks and driveways considering that the side- walks will not be bearing either the traffic or weight. Mr. Powers explained that there is not that much strength derived from using wire mesh. The reason that the City is specifying the use of wire mesh is for temperature control to minimize cracking. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel and Cannon Nays: Council members Wilbanks and Hutto Mayor Gentry ORDINANCE NO. 2310 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 26, "STREETS AND SIDEWALKS," ARTICLE II, CONSTRUCTION OF SIDEWALKS, CURBS AND GUTTERS, AND DRIVEWAYS, DIVISION 2, SPECIFICATIONS AND OTHER REGULATIONS, BY REPEALING THIS DIVISION AS PRESENTLY CONSTITUTED AND SUBSTITUTING IN ITS PLACE A NEW DIVISION 2; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Awarding the Contract for Renovating the Heating and Cooling System at the Community Building Two bids were received for renovating the heating and air - conditioning system in the Baytown Community Building. The bid tabulation follows: M. S. Young Company, Inc. $63,454.00 Tisdale Air Conditioning & Heating $69,980.00 The low bidder was M. S. Young Company, Inc. for the amount of $63,454.00 with an estimated 140 calendar days to complete the work. The other bid was submitted by Tisdale Air Conditioning $ Heating for the amount of $69,980.00. The Administration recommended approval of the ordinance. Councilman Lander moved for the adoption of the ordinannce; Councilman Cannon seconded the motion. The Administration had estimated the costs to be $65,000.00 for the job including the engineering fees. The vote follows: 70908 -13 Minutes of the Regular Meeting - September 8, 1977 Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF M. S. YOUNG COMPANY, INC. FOR THE RENOVATION OF THE BAYTOWN COMMUNITY BUILDING HEATING AND COOLING SYSTEMS AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF SIXTY -THREE THOUSAND FOUR HUNDRED FIFTY -FOUR AND NO /100 ($63,454.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance - Awarding the Bid for the Estimated Annual Supply of Water and Wastewater Supplies Several bids were received and only two companies, Utility Supply and Municipal Supply, bid on all of the items -- others bid on just a few items. The bid tabulation follows: UTILITY MUNICIPAL HERSEY ITEM DESCRIPTION SUPPLY CO. PIPE g TAB. PRODUCTS I. Repair Clamps $ 9,154.30 $10,603.08 NO BID II. Brass Fittings 15,801.50 19,374.45 NO BID III. Cast Iron Fittings 19,988.50 22,284.00 NO BID IV. Galvanized Fittings 140.70 166.10 NO BID V. Polyethylene Pipe 2,750.00 3,275.00 NO BID VI. Asbestos - Cement Pipe 13,908.76 15,303.91 NO BID VII. Cast Iron Castings 8,690.00 9,655.00 NO BID VIII. Meter Boxes 6,266.00 7,090.00 NO BID IX. Polyvinyl Chl. Pipe & Fit. 42,746.45 48,429.85 NO BID X. Fiberglass Manholes 7,140.00 7,910.00 NO BID XI. Water Meters 30,013.55 31,055.00 $26,474.90 TOTAL $156,599.76 $175,146.39 LESS DISCOUNT 15,659.98 NET TOTAL $140,939.78 THE EAGLE PIPE WESTERN PIPE ITEM DESCRIPTION ROHAN CO. P SUPPLY $ SUPPLY CO. I. Repair Clamps $ 9,318.46 $ 7,917.93 $ 9,994.12 II. Brass Fittings 10,672.17 12,657.71 12,224.67 III. Cast Iron Fittings 19,396.19 13,733.97 17,374.46 IV. Galvanized Fittings 150.63 100.97 97.79 V. Polyethylene Pipe 2,450.00 2,600.00 2,600.00 VI. Asbestos - Cement Pipe NO BID 15,410.06 13,789.14 VII. Cast Iron Castings 3,695.90 8,495.05 9,603.00 VIII. Meter Boxes 6,960.60 6,192.60 6,792.50 IX. Polyvinyl Chl. Pipe $ Fit. 46,806.72 37,127.37 NO BID X. Fiberglass Manholes NO BID 8,360.00 8,276.90 XI. Water Meters 27,686.50 NO BID 25,131.00 SOUTHWEST METER REPAIR THE MARQUE ITEM DESCRIPTION METMF_ S_ FLY $ERVI'11 7INU7. LRFMM= I. Repair Clamps $ 8,479.22 NO BID NO BID II. Brass Fittings NO BID NO BID NO BID III. Cast Iron Fittings 426.12 NO BID NO BID IV. Galvanized Fittings NO BID NO BID NO BID V. Polyethylene Pipe NO BID NO BID NO BID VI. Asbestos - Cement Pipe NO BID NO BID NO BID VII. Cast Iron Castings NO BID NO BID NO BID VIII. Meter Boxes NO BID NO BID NO BID IX. Polyvinyl Chl. Pipe $ Fit. NO BID NO BID NO BID X. Fiberglass Manholes NO BID NO BID $6,820.00 XI. Water Meters NO BID $27,915.50 NO BID CASH DISCOUNT 2 %, 30 days 2 %, 10th 70908 -14 Minutes of the Regular Meeting - September 8, 1977 Utility Supply indicated on the bid sheet that if they were awarded the entire contract, there would be a 10% discount. If Council takes the low bid on each item, the total is $150,859.35, and if Utility Supply's bid is taken with the 10% discount, their bid would be $140,939.78 bases upon the estimated quantities. In response to questions from Council, Mr. Lanham explained that Utility Supply Company is located in Houston and that they have been supplying the City of Baytown for many years. The Admin- istration discovered in studying the bid proposal that several items had been reduced in cost over last year. Councilman Kloesel inquired if the water meters are American made? Mr. Lanham responded that the meters are Rockwell meters which are American made. Councilman Kloesel requested that the Council be notified if the product being bid or the parts for that product are foreign made. Councilman Kimmons moved for the adoption of 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. 2312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF UTILITY SUPPLY COMPANY FOR SECTION NOS. L, II, III, IV, V, VI, VII, VIII, IX, X, AND XI OF CITY OF BAYTOWN BID NO. 778 -86 FOR THE PURCHASE OF ESTIMATED QUANTITIES OF WATER AND SEWER SUPPLIES 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 on a Mosquito Fogger Five bids were received for the City's only mosquito fogger is out to get one as quickly as possible. STERN DESCRIPTION EEMICALS Leco - ULV -HD Mosquito Spray Machine DELIVERY DATE: DESCRIPTION mosquito fogger. Since the of service, it is necessary The bid tabulation follows: HOLIMAN ZOECON EQUIPMENT CO. INDUSTRIES $3,000.00 $2,995.00 $3,050.00 21 calendar immediately 21 calendar days days LOWNDES ENGINEERING TEXAS VECTOR COMPANY, INC. CONTROL Leco - ULV -HD Mosquito $3,055.00 $2,945.00 Spray Machine 10 calendar 10 calendar days, DELIVERY DATE: days sooner if desired The low bidder was Texas Vector Control for the amount of $2,945.00. The City's estimate was $3,000.00. Delivery can be made within 10 days. The Administration recommended approval of the ordinance. Councilman Cannon moved for the adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 70908 -15 Minutes of the Regular Meeting - September 8, 1977 ORDINANCE NO. 2313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TEXAS VECTOR CONTROL FOR THE PURCHASE OF ONE MOSQUITO FOGGER AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWO THOUSAND NINE HUNDRED FORTY -FIVE AND N01100 ($2,945.00) DOLLARS. Consider Rejecting Bids on Sewer Line Cleaner The City estimated the cost of this sewer line cleaner to be $60,000.00 which would be covered under the Revenue Sharing Funds. Four bids were received for the sewer line cleaning machine. The bid tabulation follows: BAYTOWN BOB HAMRIC, DESCRIPTION: MOTORS, INC. INC. Sewer Line Cleaner $64,674.49 $64,994.00 LOCATION OF PARTS Baytown, Texas Truck - Baytown, Texas AND SERVICE: Body - Dallas, Texas WARRANTY: 12 mo. or 12,000 mi. 12 mo. or 12,000 mi. on on Truck - 6 mo. Body Truck - 6 mo. Body MAKE 8 MODEL: GMC - CE67213 Chev. - CE67313 DELIVERY: 150 days 120 - 150 days ENVIRONMENTAL SALES JIM BALL DESCRIPTION: AND SERVICE INTERNATIONAL, INC. Sewer Line Cleaner $65,486.00 $66,381.22 LOCATION OF PARTS Dallas, Texas Baytown, Texas AND SERVICE: WARRANTY: 12 mo. or 12,000 mi. 12 mo. or 12,000 mi. on on Truck - 6 mo. Body Truck - 6 mo. Body MAKE $ MODEL: Ford - LN -800 Inter. - 1800 Loadstar DELIVERY: 150 days 150 days The only bidder that met specifications was Jim Ball International which submitted the bid of $66,381.00. The Administration recommended that all the bids be rejected and this item be readvertised. Councilman Kimmons moved to reject the bids and authorize the Administration to readvertise; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Resolution - Suggesting Projects and Listing Priorities for Next Harris County Bond County Bond Program Mr. Lanham explained that Mayor Gentry had received a letter from Judge Jon Lindsay indicating that the County is making plans for a bond election which will be held in about 18 months and asked for suggestions from the City for projects to be included in that Capital Improvement Program 70908 -16 Minutes of the Regular Meeting - September 8, 1977 Councilman Kloesel moved that the resolution be adopted with an addition to be made under Street Improvements. He would like to move Item 5, Barkaloo Road to Item 6, and move Item 6, Tri -Cites Beach Road to Item 7, and move Item 7 to Item 8, Evergreen Road, and add a new Item 5, West Main from Market Street to the intersection of South Main - install four lanes. Mr. Lanham inquired if he meant more than just re- surfacing? Mr. Lanham explained that he had talked with Commissioner Jim Fonteno's office about whether or not West Main should be included in this list. Mr. Fonteno's office indicated that it should not be included because money had been set aside for re- surfacing. Mr. Lanham pointed out that if the street was to be rebuilt, a new bridge would need to be built across Goose Creek Stream. Councilman Kloesel decided to delete this change and moved to adopt the resolution as submitted; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 591 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING FORTH DESIRED PRIORITIES FOR CAPITAL IMPROVEMENTS WITHIN THE CITY LIMITS OF THE CITY OF BAYTOWN AND IN THE BAYTOWN AREA. Resolution - Requesting that the City of Baytown Be Exempted from the Requirements of Senate Bill No. 411 (Volunteer Firefighter's Relief and Retirement Fund This legislation increases the benefits under this program and increases the City's contribution to the program. If the City , does not opt out before November 1, 1977, the City will automatically be included as part of the new program. The State Firemen's Pension Commissioner is required to submit information to the cities for their use in making a determination as to whether or not they want to contribute. The Commissioner has not provided the City with this information as yet, but he has recommended that this action be taken. The act provides that a city may at a later date, elect to participate in the program. This is a temporary decision and the Administration will come back to Council whenever the information is available to report what the costs will be. The Administration did include some money in budget which was approximately $15,000.00 to take care of these additional benefits should Council decide to participate. The Administration recommended approval of the resolution. Councilman Lander moved for the adoption of the resolution; Councilman Kimmons seconded the motion. Councilman Kloesel reported that officials in other cities have looked at this plan very carefully and one city had an actuary study made which proved the plan to be a good one, but there are problems in initially implementing the plan. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ELECTING TO EXEMPT ITSELF FROM THE REQUIREMENTS OF THE VOLUNTEER FIRE FIGHTER'S RELIEF AND RETIREMENT FUND ACT (S.B.411). 70908 -17 Minutes of the Regular Meeting - September 8, 1977 Resolution - Confirming the Declaration by the Civil Defense Director, with Approval of the City Manager, of the Existence of an Emergency on August 31, 1977 The City Code provides an emergency may be declared by the Civil Defense Director with approval of the City Manager but it must be confirmed by the City Council at its next meeting. There were high tides on August 31, 1977, with the threat of a hurricane and an emergency was declared. The Administration recommended approval of the resolution. Councilman Kimmons moved to adopt the resolution; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONFIRMING THE DECLARATION BY THE CIVIL DEFENSE DIRECTOR WITH THE APPROVAL OF THE CITY MANAGER OF THE EXISTENCE OF AN EMERGENCY ON THE 31ST DAY OF AUGUST, 1977. Ordinance - Authorizing the Execution of an Earnest Money Contract for the Purchase of Land for the BAWA Plant Site This earnest money contract is for one of two sites, and the Administration has a letter indicating acceptance from the other owner. The Baytown Area Water Authority Board has reviewed the sales agreement and they recommend approval. Mr. Neel Richardson, City Attorney, reviewed the provisions of the contract with Council. This is a contract whereby the Baytown Area Water Authority agrees to purchase some 30.6 acres for the sum of $3,750.00 per acre based upon a survey which the sellers will furnish. They will also furnish the City with a guarantee title. The contract also provided that the Water Authority will agree, subject to the capacity of the facilities of the authority, to sell water to the seller for a remaining tract of land which they will develop in the future. The sale of that water to be upon the terms and conditions which are prevailing at the time for the Water Authority. The Board of the Water Authority has approved the contract and since they have approved the contract, there has been two minor changes in the contract. The changes are not substantive but if Council can give their approval subject to the Board's approval, the City will be ready to move ahead on this project. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for the adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS., APPROVING AND AUTHORIZING THE EXECUTION OF AN EARNEST MONEY CONTRACT BETWEEN THE ESTATES OF WILLARD L. RUSSELL AND STELLA W. RUSSELL, DECEASED, FOR THE PURCHASE OF REAL ESTATE PROPERTY FOR THE BAYTOWN AREA WATER AUTHORITY WATER TREATMENT FACILITIES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 109U8 -l8 Minutes of the Regular Meeting - September 8, 1977 Consider Authorization to Advertise for Bids on the Kilgore Road Storm Sewer Project The Administration is not ready on this item at the present time. Consider Request of Mrs. L. G. Huff for Sewer Service Outside the City Limits Mrs. L. G. Huff of 3903 Raccoon Drive is requesting sewer service at that location which is outside the city limits. Mrs. Huff understands that she would pay the cost of installation and 12 times the normal sewer charge. The Administration recommended approval of this request. In response to questions from Council, Mr. Lanham explained that the sewer charge oustide the city limits is based on the average residential water bill. Councilman Kloesel moved to approve the request for sewer service; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Fire Truck - Revenue Sharing Funds Councilman Kloesel asked that the Administration prepare specifications, and if possible, within a month, Council could look at the specifications and then authorize the Administration to go out for the bids on the fire truck that is covered under the Revenue Sharing Funds. Discuss Policy Which Allows the Use of Police Vehicles to the Benefit of Private Enterprises At the last Council meeting, Councilman Ted Kloesel requested than an item be placed on the agenda to discuss the use of police vehicles on off -duty jobs which benefit private enterprise. Council- man Kloesel indicated that his primary disagreement with Council is allowing the total impact program to continue. He commented that he does not feel that the police vehicles can be used by the officers legally for off duty work regardless if that vehicle is just parked there or whether the vehicle is being used for patrol purposes. Councilman Kloesel stated that he has received numerous complaints concerning the fact that public property is being used to benefit private enterprise. He inquired how police officers are referred to these private enterprises and he also requested that the Admin- istration report as to the total officers in uniform, including detectives, compared to the number of vehicles. Councilman Lander inquired if there are any police cars that are used for patrol in private enterprises. Mr. Lanham responded that the policemen are only permitted to drive their vehicle to their off -duty job, but they are not permitted to use it for patrolling on private premises. If while on an off -duty job a call is received from the dispatcher, the officer is expected to respond. Councilman Kloesel commented that there are cases when the property owner of an apartment complex reports a disturbance call directly to the police officer living on the grounds, who is a security officer for that complex on his off -duty job, and that it was his understanding that they do use their vehicles for this purpose. Councilman Hutto commented that he felt that a police officer is on duty 24 hours a day and it would be easier for him to respond immediately instead of dispatching an officer from the other side 70908 -19 Minutes of the Regular Meeting - September 8, 1977 town. Mayor Gentry commented that he felt the difference is if he responds to a problem on that employer's property, he should take care of the call on foot or in his personal car. Mayor Gentry also commented that he does not think the City should be using police cars to look into matters of security or any other problem for property owners. If the call comes through the regular channels or through the police dispatcher, the case would be different. In response to questions from Council, Bo Turner, Chief of Police, stated that usually off -duty jobs were arranged by the individual contacting the officer directly, but when an individual contacted the Police Department for an officer to work off duty, the notice was posted on a bullentin board. Chief Turner also stated that he does not know anyone from the Police Department who is using the City's vehicles for routine patrolling of private premises, but stated that he will check on this matter. After further discussion, Mayor Gentry explained that no one on the City Council had every said anything about discontinuing police officers escorting buses to out of town football games. He also stated that he was highly opposed to any member of the Police Department giving out this type of incorrect information, and asked Chief Turner to investigate this matter fully. Councilman Hutto requested that the Administration check on the misuse of the Total Impact Program because if this misuse of vehicles continues, it could jeopardize the entire program. Mr. Lanham asked that whenever Council receives a report of misuse that they refer the citizen to him so the Administration can investigate the matter further. Committee Reports None Unfinished Business None Recess and Reconvene Mayor Gentry recessed the open meeting into executive session to discuss pending litigation, land acquisition, and personnel matters. When the open meeting reconvened, Councilman Kimmons moved to re- appoint I. J. Butrick, Robert Gillette, and Tillman D. O'Brien, Jr. to the BAWA Board since each of these Board members have indicated a willingness to serve. Councilman Cannon 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 be transacted, Councilman Lander moved to adjourn; Councilman Kloesel seconded the motion. The vote was unanimous to adjourn. ( n 2omV P014t4 Karen Petru, Deputy City Clerk Approved: 9 Eileen P. Hall, City Clerk