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1979 06 28 CC Minutes90628 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 28, 1979 The City Council of the City of Baytown, Texas, met in regular session on Thursday, June 28, 1979, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Fred T. Philips Jimmy Johnson Ted Kloesel Eileen Caffey Emmett 0. Hutto Fritz Lanham Dan Savage Scott Bounds Eileen P. Hall Absent: Mary E. Wilbanks Allen Cannon Councilman Councilman Councilman Councilwoman Mayor City Manager Assistant City Manager City Attorney City Clerk Councilwoman Councilman Mayor Hutto called the meeting to order and the invo- cation was offered by Councilman Jimmy Johnson. Minutes Councilman Kloesel moved for approval of the minutes of the regular meeting of June 14, 1979; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members and Caffey Mayor Hutto Nays: None Receive Petitions None. City Manager's Report Philips, Johnson, Kloesel Budget Sessions - Budget sessions between the City Manager and department heads are underway. These budget sessions will be completed in time for the Administration to prepare its budget recommendation and present it to City Council by August 1 as required by the City Charter. Revenue Sharing - The federal regulations regarding revenue sharing requires that the City Administrator have a public hearing regarding revenue sharing before presenting recommendations to the City Council, afterwhich City Council holds a hearing. The hearing that is required to be held by the City Manager will be held in the middle of July. The date of the hearing will be advertised so that all inter- ested persons may participate. Park Street Improvements - A copy of the preliminary engineering report on the Park Street Improvements was placed at the Council table. An item in this regard will be placed on the next regular agenda. If Council approves the engineering report, Council can authorize Busch, Hutchison and Associates to proceed with plans for the project. In response to a question from Council, Mr. Lanham explained that the engineers have given consideration to the 90628 -2 Minutes of the Regular Meeting - June 28, 1979 drainage needs in that area and additional storm sewers are being proposed, but the June 3 rains were not specifically addressed. Councilman Philips requested that the report be amended to include the impact of the June 3 rains. Decker Drive Water Well - The City has been experi- encing problems with the Decker Drive Water Well- -the City's largest water well. Layne Western is in process of over- hauling the pump. The pump is in reasonably good repair and did not cause the motor failure. Worn items on the pump will be replaced; the well shaft will be sanded out and the oil cleaned; and an attempt will be made to settle the existing gravel to the bottom of the screen section. All of this work should be accomplished to have the well back in service in approximately 10 days. Councilman Kloesel suggested to the Public Works Department that all large motors be checked for the correct overload size. 1979 Street Improvement Program - All of the streets with the exception of New Mexico and Bob Smith Road have been surfaced. Houston Lighting and Power Company - The Administration was notified today that Houston Lighting and Power will file a request for rate increase on Monday. July 4th Celebration - Many activites have been scheduled for the July 4 celebration at the Bicentennial Park. Questions and Comments Regarding the City Manager's Report Councilman Johnson commented that Norman Dykes, City Engineer and Director of Public Works, had given an excel- lent report on the flood situation. Councilman Johnson stated that on Monday, June 25, the east side of Baytown experienced another heavy rainfall which resulted in water collecting at Kilgore Road and the County Flood Control Ditch. Mr. Lanham responded that the Administration had con- tacted Gordon Smith, Chief Engineer with Harris County Flood Control, who agreed to have the problem corrected as soon as practical. Councilman Johnson also commented that when the City cut down Ward Road, it left about three houses on the east end of Ward Road in a saucer type situation. A person can stand in front of one of the houses, looking east, and see an incline in Ward Road where the water actually has to run uphill to get into the outfall ditch. Homes located on the east end of Ward Road collected water on June 3. Councilman Johnson pointed out that Fire Station No. 4 was flooded on June 25, after a short rain, and there are problems around the Little League Park, and Narcille on to Kilgore Road. Mayor Hutto recognized Mr. Bishop, a resident on the east end of Ward Road, who had appeared in 1973 when his home was flooded. At that time, a culvert was added to his property and it did alleviate some of the problems. How- ever, Mr. Bishop felt that if a level ditch could be added where the water could flow straight to the bayou, this would help greatly. Councilman Kloesel felt that the City has enough statistical information on hand to tell where the flooding is occuring, and he requested that the preliminary report on Ward Road drainage include the east end of Ward Road. Councilman Kloesel requested that Traffic Committee consider the increase in truck traffic on Missouri Street from Highway 146 to Spur 201. Mr. Lanham pointed out that yvn4o -j Minutes of the Regular Meeting - June 28, 1979 trucks traveling from the tunnel would have no other alter- native than to turn off here. Councilman Kloesel requested that three ordinances be adopted: 1) First, an ordinance setting out a policy on conflict of financial interest related to those serving on boards, committees and commissions, related to bidding on City projects. 2) Secondly, an ordinance amending the travel policy to include that all items be itemized over $10.00, to include approval for travel outside the immediate Baytown area by Council, the Mayor and City Manager, leaving with the City Manager the control of travel by City staff. 3) Thirdly, an ordinance setting forth the policy that no member of the City Council, Mayor, City Manager, staff member or members of committees, boards or commissions of the City shall lobby or endorse specific positions on pending legislation. He commented that he would also like to include no use of City funds for travel and expenses to accomplish lobbying unless it is approved by the City Council. Council requested that the Administration request that the railroad companies repair crossings on Baker Road, Market Street near Baytown Junior High and Massey Tompkins at Chaparral Drive. Item No. 24 on the agenda was moved forward. Consider Proposed Ordinance No. 90628 -7 - Calling an Election to Consider Propositions for Funding a Municipal Airport and the U. S. Army Corps of Engineers Baytown, Texas Project Since additional information is required on this matter which will be available Tuesday, July 3, a special meeting was scheduled for 5:00 p.m. on July 3, 1979 to consider the ordinance. Consider Plans and Specifications for Larger Pump Station to Alleviate Sanitary Sewer Problems Near Intersection of Loop 201 and Durrain Road The Administration was not ready to act on this item. Announcements Mayor Hutto commented that for the proposed election for funding of the municipal airport and the Corps of Engineers, Baytown, Texas Project, he would like to announce the membership of the Steering Committee, which the Council authorized the Mayor to appoint at the last meeting. The Chairperson of the Steering Committee is Mary Brown. The committee members are as follows: Wayne Gray, Mary Pat Connor, Jack Kimmons, James Lewis, Jean Shepherd, Joe Barsalou, Jim Cauley and Connie Magouirk. Mayor Hutto appointed Anne Murphy, City Transportation Planner, as an alternate representative for the City of Baytown on the Houston - Harris County Areawide Agency on Aging. Air. Dan Savage is now serving as the City's repre- sentative on that committee. Mayor Hutto commented that he had received a letter from Mr. Ron Haddox, which advised that he is resigning as a member of the Baytown Housing Authority. Mayor Hutto appointed Mr. David C. Gunn, a local attorney, to replace Mr. Haddox. 90628 -4 Minutes of the Regular Meeting - June 28, 1979 Public Hearing on Request to Increase Rates for Taxicab Service in the City of Baytown At 7:00 p.m., Mayor Hutto opened the public hearing on request to increase rates for taxicab service in the City of Baytown. Mayor Hutto asked that all persons desiring to speak at the public hearing sign the register in the lobby. Gordon Hart, owner of Safeway Cab Company and Red Top Cab Company, was sworn. Mr. Hart requested that Council consider an increase in rates from $.95 to $1.15 for pick -up and from $.10 for each 1/5 mile to $.20 for each 1/8 mile. Mr. Hart explained that he has been subsidizing the cab companies which is no longer feasible. Dan Savage, Assistant City Manager, explained that the last rate increase granted to the taxicab companies was in June of 1976. At that time, the pick -up fare was raised from 65¢ to 95¢. For every ride, the cab companies received an additional 30¢ at that time. The meter charge of 100 per one -fifth mile has been in effect since February 15, 1972. Mr. Savage quoted rates in surrounding areas for comparative purposes. Mr. Savage explained that the average ride under the City's Senior Citizen Taxi Program is 2 miles; the cost for this ride under the present fee structure is $1.95 which rates have been in effect since the inception of the taxicab program. The cost under the proposed rates would be $2.75 which represents a 41% increase. Mr. Hart explained that another big problem is the high cost of insurance for ten cabs. At this time, Mr. Hart pointed out that the request includes $12.00 per hour waiting time. In response to a question from Council, Mr. Savage explained that over the last three months, an average of 1,000 rides per month were provided to senior citizens and the cost of those rides was approximately $2.00 per ride. The City's payment to Mr. Hart is approximately $2,000 per month. Grant monies pay for 60% of the cost and City funds pay for 40%. Councilman Johnson stated that he has no problem with the increase requested except for the senior citizens' rate; he inquired if senior citizens could be exempted from the proposed rates. Hart explained that this would not be possible since working with senior citizens required a great deal more time and effort. In response to a question from Council, Mr. Savage explained that based on what the City's grant provides Baytown for the remainder of the calendar year, there would probably be a shortfall of approximately $2,000. However, when the City made the third -year application for funding, the City Council was advised that this would probably be the last year that Baytown would receive federal funding. Air. Savage explained that the proposed rates times 1,000 rides per month would cost approximately $33,000 yearly. In response to a question regarding possible use of revenue sharing funds, revenue sharing funds may be used for this purpose. Councilman Philips commented that he has a real problem with this request, looking at this from a customer's point of view and inflation control point of view, in approving anything that has a 41% increase. He felt that this is not healthy for the economy, not to mention the consumer who will certainly be affected by this 41% increase. Councilman 90628 -5 Minutes of the Regular Meeting - June 28, 1979 Philips favored looking at an increase of 20% which would allow an 800 per mile rate and 800 pick -up. There being no further testimony, the Mayor declared the public hearing closed. Public Hearing on Request to Increase Rates for Wrecker Service in the City of Baytown (7:15 p.m.) Mayor Hutto opened the public hearing on request to increase rates for wrecker service in the City of Baytown. Manuel R. Pease and Denzil Shirley were sworn by Mayor Hutto. Manuel R. Pease, wrecker owner /operator, presented the request for increased wrecker service rates to Council as follows: Normal Tow Dolly Rate Winching /Loading Multiple Winching (Use of two trucks) Disconnect /Connect Driveshaft Present Rate $27.50 40.00 10.00 tet Proposed Rate $35.00 52.50 15.00 35.00 15.00 Council had been presented with the above schedule, as well as a second option which provided for increase of normal tows from $27.50 to $35.00, eliminating all extra charges except the airplane haul (dolly pull); for this service an additional $12.50 would be allowed. Mr. Pease commented that the wrecker owners could not operate without the extra charges. Councilman Johnson stated that he would favor adoption of an ordinance to set one charge for wrecker service. Mr. Pease explained that one charge for wrecker service would have to be expensive to cover the extras, causing a large majority of citizens to subsidize extra wrecker service. Councilman Philips stated that the package represents a 27% increase over the current rates which he felt to be reasonable recognizing inflation. He also liked the aspect of Option No. 1, everyone paying for the service provided. Councilman Kloesel stated that he favored a flat rate for wrecker service. With respect to wording of the ordi- nance which makes reference to a ditch pull, he felt that winch pull would save considerable misunderstanding. Since there was no further testimony to be given, Mayor Hutto declared the public hearing closed. Mr. Frank Butcher, President of the Lynchburg Civic Association Will Appear Mayor Hutto recognized Mr. Frank Butcher, President of the Lynchburg Civic Association, who requested to appear before Council. Mr. Butcher explained that Lynchburg is an area that is bounded by Interstate 10, Decker Drive, San Jacinto River, Burnett Bay, and Springer Creek (Slap -Out Gully). Lynchburg is a very small community which consists of approximately 200 households with approximately 700 -800 people. Lynchburg is an unincorporated area with no muni- cipal water or sewer services because water wells and septic tanks are utilized. Mr. Butcher commented that the citizens of Lynchburg find themselves faced with various problems which they feel could be resolved through incorporation. •1• : i Minutes of the Regular Meeting - June 28, 1979 Mr. Butcher pointed out that there would be no advan- tage to Baytown to annex Lynchburg because the City would then be faced with furnishing sewer and water services to that area. Also, Lynchburg has low lying areas much like Brownwood which would be burdensome. Mr. Butcher stated that the Lynchburg Civic Association had unanimously voted at its last meeting to request that the City of Baytown release Lynchburg from second reading in order that an election could be held to incorporate. Mr. Lanham explained that the law had been changed so that the City of Baytown no longer held Lynchburg under second reading. Scott Bounds, City Attorney, explained that no city may be incorporated within the area of extra - territorial juris- diction of another city without the consent of that city. Usually this consent is granted by a written agreement between the city and the residents of the area that is proposing to be incorporated. By contract, the City of Baytown has agreed with the City of Houston that all of that property this side of the San Jacinto River, with certain exceptions, is to be considered Baytown's extra - territorial jurisdiction. At the present time, Baytown has certain strip annexations which protects the area north of the City. Mr. Bounds stated that the proposed incorporation of Lynch- burg had not been discussed with the City of Houston. In response to a question from Council, Mr. Butcher stated that the proposed boundaries of the incorporated area would be Springer Creek, which separates Lakewood from the Lynchburg area, Decker Drive, San Jacinto River and the banks of Burnett Bay. Mr. Butcher explained that Lynchburg would strive for minimum government, which should result in very little taxation. What the residents hope to accomplish by incorporation is to pass ordinances to protect the community and provide for minimal police protection. Fire protection is provided the community through the Highlands Volunteer Fire Department. Councilman Philips commented that Baytown would not want to create a situation where traveling through another city would be necessary to get to Baytown from I -10. How- ever, he felt that Council had no desire to annex Lynchburg. Councilman Kloesel requested that an item in this regard be placed on the agenda for the second meeting in July to consider releasing the area described by Air. Butcher to incorporate. Council had no objections. Mrs. Pam Kelley Will Appear Mrs. Pam Kelley did not appear. Mr. Lanham explained that Mrs. Kelley called about a problem concerning bees. Mr. Lanham explained that he had also received a call from Mrs. Cook who lives on New Mexico Street. Mrs. Cook is having problems with bees gathering in her home. There are eleven beehives near her home. Both these individuals expressed an interest in regulating the placement of bee- hives in the city limits. Mr. Lanham commented that Council can prohibit the keeping of beehives in the city but it would be impossible to control bees migration into the city. Ordinance - Amending Chapter 29, Taxicabs, of the Code of Ordinances of the City of Baytown to Increase the Maximum Taxicab Fares Councilman Johnson moved for the adoption of the proposed ordinance. Mr. Bounds explained that Section 29 -50. Fare, (a)(1) and (2) needed to be completed with proper amounts. 90628 -7 Minutes of the Regular Meeting - June 28, 1979 Councilman Kloesel stated that if Councilman Johnson agrees to setting the fares as follows: $1.15 for pickup; sixteen cents for each one -fifth mile; $12.00 per hour for waiting time; he would second the motion. Councilman Johnson incorporated those fees into the motion. Councilman Philips moved for a substitute motion to alter the pickup fee to $.80. That would give an increase of approximately 25% to avoid an inflationary increase. The motion died for lack of second. The vote follows: Ayes: Council members Johnson, Kloesel and Caffey Mayor Hutto Nays: Councilman Philips ORDINANCE NO. 2686 AN ORDINANCE AMENDING CHAPTER 29, "TAXICABS ", OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN BY SETTING FORTH THE RATES AND FARES TO BE CHARGED BY TAXICABS IN THE CITY; MAKING IT UNLAWFUL TO VIOLATE THE PROVISIONS OF THIS CHAPTER; CON- TAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Amending Chapter 6, Auto Wreckers and Towing Vehicles, of the Code of Ordinances of the City of Baytown, Providing for Regulation of Police Initiated Towing Service and Setting Maximum Fees for Towing Service Two ordinances had been prepared by the Legal Depart- ment- -one contains the rates requested by the Baytown Wreckers Association. The requested rates would increase the normal towing charge from $27.50 to $35.00. If the owner of the vehicle being towed specifies, at the scene of the accident, that the vehicle is to be towed to a place of business which, at that time, is not open for business or has no one on duty to receive the wrecked vehicle, there may be an additional charge of $7.50 for transferring the vehicle to the specified location as soon as that place of business is open for business. If the owner of the vehicle being towed requires the vehicle to be moved or transferred and no location was specified by the owner at the scene of the accident, there may be an additional charge of $15.00. There would be an increase from $10.00 to $15.00 for a winch pull in accordance with Council's discussion regarding the ditch pull, which term is often misunderstood by a customer. An additional charge, not to exceed $15.00 may be made for disconnecting and connecting the drive shaft, or for other exceptional labor. A charge not to exceed $52.50 may be made when it is required to "airplane" a wrecker vehicle. Except in the event of an airplane charge, the maximum charge for any and all tows from the scene of an accident in the city limits shall be $50.00. Mr. Bounds explained that the Wrecker Association did not ask for an increase in this paragraph. As indicated in the public hearing, the maximum fee would be $62.50 if all of the different charges would be added up. At the present time, the maximum fee set by the ordinance is $42.50. Mr. Bounds explained that he added the same amount to the present base rate and inserted what he felt would be the new maximum wrecker fee of $50.00. Council may need to address that particular point. A charge not to exceed $3.00 per day may be made for the storage of wrecked vehicles which represents no change. The heavy duty wrecker rates are not subject to regu- lation by this chapter. The remainder of the ordinance tracks the present ordinance. •1• Minutes of the Regular Meeting - June 28, 1979 The other ordinance amends Section 6 -1, to provide the fees recommended by the Wrecker Committee chaired by former Councilman Lander. The ordinance provides for a basic charge of $35.00 and additional dolly charge not to exceed $12.50. No transfer fee is provided. If the customer designates at the scene of the accident or within a 24 -hour period where the vehicle is to be towed, no transfer fee is collected, but any request for transfer after a 24 -hour period would be on a negotiable basis. Mr. Bounds pointed out that certain items had not been addressed in the Wrecker Association's request for increased rates. The most important item that the association failed to address was the maximum charge for all tows. If that provision is not amended from the present ordinance, the maximum wrecker charge would be $42.50. Councilman Kloesel moved for adoption of the long version of the ordinance and that some of the figures be changed; Councilman Philips seconded the motion. Mayor Hutto suggested that the maximum fee be set at $65.00 rather than $50.00 for all tows except in the event of an airplane charge. Denzil Shirley inquired if transfer fees should be controlled? Mr. Lanham explained that if Council is going to regulate fees on vehicles involved in an accident, transfers should be considered as part of the process of getting that vehicle removed. Councilman Kloesel commented that the only change he would support is to have the towing fee raised to $65.00. Councilman Philips commented that Paragraph 4 of the long ordinance would read as follows: "Except in the event of an airplane charge, the maximum charge for any and all tows from the scene of an accident in the city limits shall be $65.00, not including transfer fees." The vote follows: Ayes: Council members Philips, Johnson, Kloesel and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2687 AN ORDINANCE AMENDING CHAPTER 6, "AUTO WRECKERS AND TOWING VEHICLES ", OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN SETTING MAXIMUM FEES FOR TOWING SERVICES; PRESCRIBING PENAL- TIES FOR VIOLATION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Amending Chapter 7, Buildings, of the Code of Ordinances of the City of Baytown to Except Portable Buildings from Fire Zone Restrictions At the last meeting, Council considered a request to amend the fire zone to allow the installation of a portable building which would not meet the fire zone restrictions. An ordinance has been prepared which would except portable buildings that do not exceed 500 square feet in size and that are set at least ten (10) feet from any other building. These buildings must be tied down. The Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Johnson seconded the motion. Minutes of the Regular Meeting - June 28, 1979 Councilman Kloesel commented that he supported the ordinance but the building needs to be securely tied down, and the electrical ordinance should be amended to coincide with the requirements of this ordinance. Councilman Ph text that the City down, some type of mended by the fire This was agreeable vote follows: ilips commented that under the same con - is requiring these buildings to be tied all- purpose fire extinguisher as recom- chief should be required in these buildings. to Councilmen Kloesel and Johnson. The Ayes: Council members Philips, Johnson, Kloesel and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2688 AN ORDINANCE AMENDING CHAPTER 7, "BUILDINGS ", OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN BY EXCEPTING PORTABLE BUILDINGS FROM RESTRICTIONS IN FIRE DISTRICT; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY AND EFFECTIVE DATE HEREOF. Ordinance - Authorizing Final Payment to Westcott Construction Company for Construction of the Baytown Sports Complex Neighborhood Center Mr. Lanham explained that this work has been completed and has been inspected by Bobby Rountree and Jim Hutchison. The Administration recommended approval of the ordinance with the restriction that the City will not give the con- tractor the check until the City receives the affidavit indicating that all subcontractors and materialmen have been paid. Councilman Philips moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel and Caf f ey Mayor Hutto Nays: None ORDINANCE NO. 2689 AN ORDINANCE APPROVING AND ACCEPTING CONSTRUCTION OF THE BAYTOWN SPORTS COMPLEX NEIGHBORHOOD CENTER BY WESTCOTT CONSTRUCTION COMPANY; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID WESTCOTT CON- STRUCTION COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Mayor Hutto called a 10- minute recess. Ordinance - Amending Chapter 2 of the Code of Ordinances Pertaining to Administration by Restructuring the Membership of the Traffic Committee This is a result of the action taken by Council at the last meeting. The proposed ordinance would change the makeup of the committee from two citizens to four citizens and delete the two Council positions, leaving the other 90628 -10 Minutes of the Regular Meeting - June 28, 1979 positions as presently constituted. Regarding ex- officio members, rather than Chief Inspector, the City Engineer should be included. Councilman Kloesel expressed his feeling that by removing Council persons from these committees, Council's power is diluted. For this reason, Councilman Kloesel proposed that the committee be composed of seven members- - one appointed by each member of the City Council and one by the Mayor. This would provide a representative from each Council district, plus a member appointed by the Mayor. Councilwoman Caffey moved for adoption ordinance; Councilman Philips seconded the Councilman Kloesel pointed out that it time since the Council had a representative district to serve on a committee. He added most important and a seven member committee large to perform. of the proposed notion. had been some from each that this is would not be too Councilman Johnson commented that since several times, the Traffic Committee has held meetings with only three members present; he would go along with the Traffic Com- mittee consisting of seven members. Councilman Kloesel stated that he would like to amend the original motion to provide that the Baytown Traffic Committee be composed of seven members, to be appointed one per Council member and one by the Mayor. Councilman Johnson pointed out that the three remaining members of the Traffic Committee besides Councilman Cannon and himself are all in Council District No. 4. Councilman Johnson moved to table taking action on this item until the next meeting; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Johnson and Kloesel Mayor Hutto Nays: Council members Philips and Caffey Councilman Johnson asked that an item be placed on the next agenda in this regard. He stated that seven members are needed but he did not know whether it should be limited to each Council member's district. Resolution No. 682 - Transferring Funds from Council Contingency to Account No. 0101 -07 -0401, Clean City Commission In October, 1978 when the City Council established the Clean City Commission, Council did not appropriate any funds and indicated that no expenditure of funds was authorized by the ordinance. Council indicated at that time, a request for appropriation would have to be presented to Council at a later date. The proposed resolution would transfer $900.00 from the contingency fund to an account that would be available for the Clean City Commission. A CETA employee has been assigned to work with the Clean City Commission. This is the amount of money requested for the remainder of this fiscal year. The Administration felt that this was a reasonable request and recommended approval. Councilman Philips moved for adoption of the reso- lution; Councilman Johnson seconded the motion. Councilman Kloesel questioned the need to establish another administrative office. 90628 -11 Minutes of the Regular Meeting - June 28, 1979 Mr. Lanham explained that the CETA employee has been assigned to work from the Public Works Department, but money is being requested to fund a telephone and for car allowance for this person. In order for the coordinator to be effec- tive, he will need to drive around the City and he will need to have a telephone. Councilman Johnson stated that City Council appointed the Clean City Commission, therefore, the City Council will have to follow up. Councilman Philips commented that for years and years the problems of litter have been up to individuals to conquer, but individuals have not performed the task. He felt that the Council should give this effort a try because it is a nagging problem and it is just like anything else, unless you put a specific effort to it, the general popu- lation is not going to get the job done. He felt that Council should support this effort. If it does not bear fruit, Council can stop the support. Mayor Hutto recognized Mr. Houston Schweitzer, a member of the Clean City Commission, who explained that in order to get the City cleaned up, it has to be cleaned up by the citizens and not by the Public Works Department. Mr. Schweitzer explained that the members of the Clean City Commission are volunteers who wish to come before the citizens of Baytown and diplomatically as possible, educate the citizens on how Baytown can be a beautiful and clean city. Councilman Kloesel expressed concerns which centered around sanitation problems in the older parts of town and invited the entire Council to visit the old Baytown area to view first -hand some of the problems. The vote follows: Ayes: Council members Philips, Johnson, Kloesel and Caf f ey Mayor Hutto Nays: None RESOLUTION NO. 682 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER NINE HUNDRED AND N01100 ($900.00) DOLLARS FROM BUDGET ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO GENERAL FUND ACCOUNT NO. 0101 -07 -0401, CLEAN CITY COMMISSION. Ordinance - Amending Chapter it of the Code of Ordinances by Restructuring the Membership of the Electrical Board This is a follow up to action taken by Council at the last meeting. The only change in the makeup of the Board is with respect to Position No. 5 which has been changed from City Council member to a citizen not in the building indus- try. Councilman Kloesel expressed the feeling that boards and committees are two different type organizations which have two different types of power; boards having the greater amount of power. Councilman Kloesel continued by pointing out that the motion made by Councilman Cannon at the last meeting only included removing council members from standing committees. In response to a question from Council, Mr. Bounds explained that his initial reaction to Councilman Cannon's motion is that boards, commissions and committees, are used interchangeably throughout the various codes. 90628 -12 Minutes of the Regular Meeting - June 28, 1979 Councilman Kloesel requested that this item be placed on the agenda for the next meeting rather than be considered at this meeting. Councilman Philips commented that his personal feeling is that as a city councilman, the Council should not be getting involved in the other end of the business. Council- man Philips moved that Council vote on this item tonight. Councilman Kloesel reiterated that what does make a difference to democracy in a city like Baytown, is the diluting of the power.of the Council. He felt that the committees contribute to the policy- making of city govern- ment and by Council deleting itself from the committees, the Council will generally be receiving the recommendation of the staff. Councilman Philips called for the question; Council- woman Caffey seconded the motion made by Councilman Philips. Councilman Philips explained that included in the motion was that Council consider adoption of the proposed ordinance, amending the membership of the Electrical Board. The vote follows: Ayes: Council members Philips, Johnson and Caffey Nays: Councilman Kloesel Mayor Hutto Mayor Hutto stated that he favored the motion, but voted against the motion because of Councilman Kloesel's request to consider this item at the next meeting. ORDINANCE NO. 2690 AN ORDINANCE AMENDING CHAPTER 11, "ELECTRICAL CODE ", OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN TO RESTRUCTURE MEMBERSHIP OF THE ELECTRICAL BOARD. Resolution No. 683 - Authorizing the Administration to Apply for Texas Aeronautics Commission Grant The City has been encouraged by both the FAA and the Texas Aeronautics Commission to get the City's application for grants in even though the local share of funds has not been approved. The request for state aid includes the cost estimates for the land, site work, runways and all those improvements to be placed on the land. The applica- tion will not commit the City of Baytown to build the air- port but it does enable the Texas Aeronautics Commission to proceed with processing the application. This application may be withdrawn if voters do not approve the necessary bond funds to finance local share of the airport project. There is a possibility that the application can be funded from this fiscal year's funds if submitted now. The Administra- tion recommended approval of the resolution. Councilman Kloesel moved for adoption of the reso- lution; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel and Caffey Mayor Hutto Nays: None RESOLUTION NO. 683 A RESOLUTION AUTHORIZING APPLICATION FOR TEXAS AERONAUTICS COMMISSION GRANT FOR BAYTOWN MUNICIPAL AIRPORT. 90628 -13 Minutes of the Regular Meeting - June 28, 1979 Resolution No. 684 - Authorizing the Administration to Apply to FAA for Funding of Municipal Airport The same reasons would apply to this application. The City of Baytown would be asking for $1,000,000 in federal funds because this is the amount recommended for this year's application. If the City goes ahead with this project, the City would expect to receive $1,000,000 this year, $1,000,000 next year, and the remaining funds the third year. The Administration recommended approval of the resolution. Councilman Kloesel moved for adoption of the reso- lution; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel and Caffey Mayor Hutto Nays: None RESOLUTION NO. 684 A RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL ASSISTANCE FOR THE BAYTOWN MUNICIPAL AIRPORT. Resolution No. 685 - Authorizing the Administration to Make Grant Application for East District Funding This is the first step in a very long process of getting federal funds to continue improvements to the City's sanitary sewer system. There are now three steps involved in this funding process. The City is in the Step 2 process for the West District Sewer Treatment Plant. The City expects to receive Step 3 funds and start construction on this plant next year. The next two items would authorize the Administration to submit an application for Step 1 funding for the development of infiltration in -flow analysis, facility plan, and environmental assessment components. The Step 1 planning process is required before funds can be sought for engineering or construction purposes. One of the things that the City hopes to achieve is some federal funding to assist in the City's sliplining program. Mr. Lanham explained that the Administration is working on a project that would enable the Administration to project when a particular subdivision would have to be sliplined. Mr. Lanham explained that the City of Baytown is on the Texas Department of Water Resources' priority list. The Administration recommended approval of Resolution Nos. 685 and 686. Councilman Philips inquired as to what is the City looking at in terms of timing to begin construction of the facilities. Mr. Lanham explained that on the first one, Step 1 would be July of 1979; Step 2, May of 1980; and Step 3, December of 1980. Councilman Kloesel moved for adoption of Resolution Nos. 685 and 686; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members and Caffey Mayor Hutto Nays: None Philips, Johnson, Kloesel 90628 -14 Minutes of the Regular Meeting - June 28, 1979 RESOLUTION NO. 685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING APPLICATION FOR A STEP 1 GRANT FOR EAST SEWER DISTRICT FUNDING. RESOLUTION NO. 686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING APPLICATION FOR A STEP 1 GRANT FOR CENTRAL SEWER DISTRICT FUNDING. Resolution No. 687 - Authorizing the Mayor to Execute an Agreement with the State Department of Highways and Public Transportation for the Survey, Inspection, Appraisal and Inventory of Bridges on Public Roads and Streets The City Council recently authorized the Administration to request the State Department of Highways and Public Transportation to conduct a survey, inspection, appraisal and inventory of bridges on public roads and streets within the city limits of Baytown. In order for the Highway Depart- ment to conduct this study, they need a resolution autho- rizing the Mayor to execute an agreement for the work. The Administration recommended approval of the resolution. Councilman Philips moved for adoption of the reso- lution; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel and Caffey Mayor Hutto Nays: None RESOLUTION NO. 687 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE SURVEY, INSPECTION, APPRAISAL, AND INVENTORY OF BRIDGES ON PUBLIC ROADS AND STREETS. Consider Authorizing Receipt of Bids for Sale of $2,500,000 in BAWA Bonds The Baytown Area Water Authority is ready to sell bonds for the Water Line Transmission Project which will bring water from the BAWA Treatment Plant into Baytown. Council authorized the purchase of valves for that project. The plans have been completed and submitted to the Administra- tion for review. The plans will be presented to the BAWA Board and then to City Council. In order to have the funds that are necessary for the construction of the project at the time the bids come in, the City needs to move ahead with the bond sale. The estimated cost of this project is $4,263,000. Because the BAWA Water Treatment Plant bid came in below the estimated cost of the project, only $2,500,000 in bonds need to be sold to finance the cost of the Water Transmission Line Project. The Administration recommended that City Council authorize receipt of bids for July 24. In response to a question from Councilman Philips, Mr. Lanham explained that if this work should be completed with bond funds remaining, those funds can be placed in the interest and sinking fund to pay principal and interest on bonds. 90628 -15 Minutes of the Regular Meeting - June 28, 1979 Councilman Philips moved to authorize receipt of bids for the sale of $2,500,000 in BAWA bonds; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members and Caffey Mayor Hutto Philips, Johnson, Kloesel Nays: None Consider Request to Amend Chapter 31, Utilities, Article IV, Water Service, to Provide Alternate Utility Deposit Policy Council received a copy of a letter from George E. Bridwell, attorney for Manivest Corporation, owner and operator of the Woodcreek Village and Woodhollow Apartments. In his letter, Mr. Bridwell requests that his client be allowed to post a bond in lieu of posting the water deposit for the 702 units contained in the two apartment complexes. The City's present policy provides that a $20 per unit deposit be posted for all residential units including apartments. The justification for this deposit is that the City has suffered losses in water revenue when apartment complexes have been sold and outstanding bills have not been paid. Ownership of apartment complexes changes rather frequently. A bond or cashier's check could protect the City's interest, but in the event of a dispute, the City could end up in court to collect on the bonds. An apartment complex may change hands without the knowledge of the City. The City's deposit policy does not provide that customers be paid interest on their deposit. State legislature, during the past session, considered requiring cities to do this but it did not pass. Paying interest on a $20 deposit would require one full -time person to administer it. The Admin- istration did not recommend an alternate utility deposit policy. Councilman Kloesel commented that the biggest consid- eration is the loss and the next one is that the City should treat all of its citizens equally. No action was taken. Hear Report on Energy Conservation Program The Administration has conservation program in two months. First, relating to relating to gasoline consum passed in January in making the Administration has been and state agencies with the may want to recommend try to get some of the taken steps to become dinator has been appoi responsible for a majo City Engineer, was sen energy auditor. The A application to provide audits of the City's m be presented to Counci will be primarily for range improvements can servation. Presently, buildings. Hopefully such things as sewer p operations. They are City has already been been involved in the energy areas for the past several buildings and the second, ption. The legislation was energy grant funds available and in close contact with federal thought that the Administration to Council that the City of Baytown se funds. The Administration has :ligible for them. An energy coor- ited in each department that is c building. Ed Shackelford, Assistant t to a training course to become an hninistration is preparing a grant funds to assist Baytown in energy tjor buildings and this will probably L at its next meeting. This audit ;he purpose of determining what long be effected to increase energy con - the City is thinking only in terms of Ln the future, the City might get into Lant operations and water plant )oth very large energy users. The involved in pre- audits to identifv VWw"W -1V Minutes of the Regular Meeting - June 28, 1979 some short term steps which have been taken to reduce energy consumption. In March, department heads were asked to indicate the steps being taken to reduce energy consumption in the buildings. Thermostats have been set at 76 degrees at City Hall, the Community Building, Public Works Building, Library and the Police Building, unnecessary lights have been turned off. These are just a few steps that have been taken and if the City receives the grant, the City might find that there are other steps that the City can take to reduce its electrical and gas consumption. With respect to gasoline, the City's gasoline allo- cation was reduced 5% in April. Again, department heads were asked to take steps to reduce consumption by 5%. The Public Works Department is reducing vehicle idling time, pre - planning work activities to avoid trips back to the yard for equipment and materials, utilizing the radio whenever possible to minimize trips, reporting when vehicles require tuneups or adjustments. The Police Department has begun to stop engines when working wrecks, etc., red lights and stop signs are worked with engines off, when traveling to court in Houston, officers are to determine if one or more officers are going in order to take as few cars as possible. The Parks and Recreation Department has begun to reduce the number of trips to the dump to one on Monday and one on Friday, crews are to pick up litter at parks while carrying out other duties instead of making a special litter route two times a week, foremen pick up equipment operators each day when they are mowing in areas where tractors can be left overnight with safety. The Fire Department has instructed the captains to make one round to stations per day unless required by emergency, morning and evening idle time has been reduced and evening to 5 minutes. Planning and Traffic has increased the frequency of preventive maintenance and suggested that medium sized vehicles be assigned rather than the larger vehicles. Public Works and Planning & Traffic Department are working together to reduce the number of vehicles utilized to remove barricades. The crew that does the finishing job will retrieve the barricades. These steps will be continued. Also, the Planning and Traffic Depart- ment has prepared a list of employees in the various buildings who live in close proximity to one another with the thought of arranging for carpooling. The Administration is very serious about trying to reduce the City's energy consumption and intends to continue this effort. Mayor Hutto pointed out that one area where gasoline as well as manpower could be reduced would be for the Police Department investigating to discontinue the practice of investigating minor accidents. Councilman Philips commented that one of the comments that he had received is that the City is cutting down on neighborhood patrolling in the interest of saving gasoline. Chief Turner explained that the police officers are sitting and watching stop signs and red lights and much of this is done in the residential sections of the City which is just as effective as patrolling. Consider Appointments to Electrical Board This will be considered during executive session. Consider Appointments to Traffic Committee This will be considered during executive session. Consider Appointments to Wrecker Committee This will be considered during executive session. Minutes of the Regular Meeting - June 28, 1979 Committee Reports Councilman Johnson Study Committee has held process of preparing som in the very near future. Recess and Reconvene 90628 -17 commented that the Animal Control another meeting and they are in the e ordinances to bring before Council Mayor Hutto recessed th e session to discuss personnel pending litigation. When th e Hutto announced that there w and adjourned the meeting. APPROVED: Eileen P. Hall, City Clerk open meeting into executive matters, land acquisition and open meeting reconvened, Mayor as no business to be transacted K -RGju Karen Petru, Deputy City Clerk