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1973 04 11 CC Minutes5+05 MINUTES OF THE REGULAR MEEING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 11, 1973 The City Council of the City of Baytown met in regular session, Wednesday, April 11, 1973, in the Council Chambers of the Baytown City Hall. The following members were in attendance: Jody Lander Tom Gentry Charles Pool C. 0. Walker Allen Cannon' *Mary E. Wilbanks Councilman Councilman Councilman Councilman Councilman Councilwoman C. Glen Walker Mayor Fritz Lanham City Manager Howard Northcutt Administrative Assistant Jon Pfennig Assistant City Attorney Edna Oliver City Clerk Absent: Neel Richardson City Attorney Jim McWilliams Councilman Mayor Walker called the meeting to order and Councilman Cannon offered the invocation. Consider Minutes of Council Meeting Councilman Lander moved to approve the minutes of the council meeting of March 22, as printed; Councilman Walker seconded the motion: Ayes: Councilman Lander Gentry, Pool, Walker and Cannon Mayor Walker Nays: None -W Petitions Mr. Robert Spencer presented Council a petition, which read as follows: "We the undersigned petition the City of Baytown and /or Harris County to lay pipe and fill in a ditch between Pamela and Inwood streets, and between Pruett and 609 Inwood for the following reasons: A- Raw sewage is present in the ditch causing a health hazard; B- Land on either side of ditch caving in; C- Danger to children because of broken glass; D- Danger of children drowning because of heavy water traffic when rains fall; E- Value of properties on either side diminishing; F- Telephone lines falling into ditch; G- Home owners' fences falling into ditch; H- Unsightly; filling in ditch would beautify area." Councilman Walker moved to accept the petition; Councilman Cannon seconded the motion: Ayes: Councilmen Lander, Gentry, Pool Walker and Cannon Mayor Walker Nays: None Mr. Lanham explained that this ditch is the responsibility of the City of Baytown and not that of Harris County Flood Control. One of the problems with this ditch is that only 30 feet right of way exists; there are utility lines, sewer, gas & electric lines, and there is a danger of the 18" sewer line collapsing into the ditch. Maintenance is done by hand. Mr. Lanham recommended installing a 54" corregated metal pipe for a distance of 360'. Cost of this pipe is $5,350.00, to be installed with City forces, and with possible assistance from the flood control. After installation of the pipe, the ditch would be covered. Councilman Gentry moved to accept the recommendation; Councilman Pool seconded the motion: There was discussion as to whether or not the City would be setting precedent by closing this ditch. Councilman Cannon suggested this be a participation project between the city, property owners and /or utility companies. Mayor Walker then called the vote: Ayes: Councilmen Lander, Gentry, Pool, Mayor Walker Nays: Councilmen Walker and Cannon 5406 Regular meeting April 11, 1973 City Manager's Report Capital Improvements Projects -- Contract #1, Sanitary Sewer Improvemts - West Main Treatment Plant expansion - Construction is approximately 38% complete. Contract #2, Sanitary Sewer improvements - Lift Stations - Texas Avenue lift station is 20% complete; the left station on Spur 201 right -of -way is 15% complete. Contract #3, Lower Goose Creek Interceptor Line, which will close down the West Baytown plant, is progressing. The contractor has completed pipe installation on Barrymore Street and is presently working on Pershing Street; pipe has been installed on Missouri and New Jersey Streets. Police & Courts Building- All construction and sight work should be completed in three weeks, contingent upon weather. Perimeter Road- Approximately 75% asphalt is in place; construction of the water line has been completed and testing is underway. Wye Drive extension- This project was delayed until compaction tests in- dicated sufficient density in the subgrade. The contractor is sett- ing forms in preparation for pouring the concrete this week. Parks - Westwood Park - Slabs for tennis courts, play slab, and the building have been poured; the building is 70% complete. Duke Hill Park - All slabs have been poured. Tejas Park - Preparations to pour the slab have been made. MCElroy Park - Construction of play slab is completed. Baytown Sports Complex - Bids will be received April 18. Norman C. Foote Park - Bids will be received after completion of the contract with HUD. League of Women Voters Park - Waiting for notification from Bureau of Outdoor Recreation on funding. Revenue Sharing Funds - Street Improvements - The contractor is working on Cypress, East Texas, Bayou Drive and East Pearce. The third revenue sharing check has been received in the amount of $117,656.00, which covers the entitlement period - January 1 through March 30, 1973. Park Street Improvement - Some difficulty has been encountered by County workers because the subgrade was found to be wet. Portions of the subgrade may have to be replaced. Plastic Garbage Bag Test- will begin on April 23. 1 City Auction - total revenue derived from the auction several weeks ago is $7,738.00. Baytown Area Water Authority - The hearing on the bill to establish the Baytown Area Water Authority is scheduled for tomorrow morning between the water subcommittee of the House Natural Resources Committee. The Mayor, Mr. Richardson and Johnny Busch will be present for the hearing. Canvass Municipal Election of April 3 Mayor Walker directed the canvassing of the April 3 Municipal Election, in which Baytown citizens voted for council representatives from districts #2, #3, #6, and a mayor, to begin. The canvass proved all tabulations to be in order; Councilman Lander noted a write -in for Councilman District #2, Precinct #12, in the name of Herman Popper Councilman Walker moved to adopt Resolution 424; accepting the canvass; Councilman Cannon seconded the motion. Mr. P£ennig read the caption of the resolution, and the vote was taken: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Regular meeting, April 11, 1973 RESOLUTION NO. 4_K4 5407 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 3RD DAY OF APRIL, 1973, FOR THE PURPOSE OF ELECTING A MAYOR FROM THE CITY AT LARGE AND THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. TWO (2), THREE (3), AND SIX (6) TO SERVE REGULAR TERMS: DECLARING THE RESULTS OF SAID ELECTION: FINDING THAT SAID NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. Oath of Office, Districts #3 and #6 ** Judge Steven Hebert administered the Oath of Office to Jody Lander, Councilman District #3, and Mary E. Wilbanks, Councilwoman District #6. Mayor Walker and Councilman Gentry, and Councilman Walker & Col. Henry Dittman then drew for ballot positions for the run -off election for mayor & councilman dst. #2, respectively. Set Date for Run -off Election, Mayor and Councilman District #2 No candidate received a majority of the votes at the April 3 election for the office of mayor, and councilman district #2; therefore, Council must set a date for the run -off election. In accordance with the Charter, the election may be held on any day from April 21 to May 1, inclusive. Councilman Lander moved to designate May 1 as the date for the run -off election; Councilman Pool seconded the motion. Since the school district is holding a bond election May 1, several Councilmen felt this would encourage a larger voter turnout, and would be convenient for citizens if the two elections are combined. Mr. Wayne McClurg and Mr. W. 0. Tidmon, election judges, discussed with Council the advantages, and difficulties that would be encountered if the elections are combined. There was also discussion of combining the two ballots; however, this could present legal problems because property ownership requirements are not the same for bond and municipal elections. Following discussion, the vote was taken: Ayes: Council members Lander, Pool, Wilbanks and Cannon Nays: None Abstain: Mayor Walker and Councilman Gentry The caption of the ordinance calling the election follows: ORDINANCE NO. / 3 gC AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON THE FIRST DAY OF MAY 1973, FOR THE PURPOSE OF ELECTING A MAYOR FROM THE CITY AT LARGE: AND ONE COUNCILMAN FROM DISTRICT NO. TWO (2); PROVIDING FOR ELECTION OFFICERS, DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. *(Mayor Walker leaves meeting) Mr. Lanham was directed to pursue the possibility of combining the ballots for the bond and municipal election. However, if this is not possible, the City will pro- vide its own machines and ballots. Houston Port Authority Mr. Curtis, of the Houston Port Authority, presented slides showing improvements that will be made in the Houston Port if the Harris County Bond Election is approved by voters. Bids - Playground Equipment Bids were received April 3 for playground equipment for the vest pocket park on Sheridan Street. The tabulation follows: Vaughan & Assoc. Recreation Equip. Miracle Co. Knori Assoc. Corp. 1. Funnel Ball (1) $ 46.16 - - $214.55 2. Slide -O -Bug (1) 441.46 - - 627.71 3. Katy Catepillar Swng. 301.26 461.69 4. Smiley Twin Rider (1) 209.68 $184.00 - 5. Snail Climber 225.86 - - - 6. Bicycle racks (2) 102.68 $150.00 108.00 - 7. Tables (3) 162.78 255.00 264.00 - 8. Benches (3) 145.14 - 166.50 - 9. Litter Laminator (2) 94.42 - 87,50 - -3- 5408 Tabulations, continued J. E. Burke Co. Paul E. Allen Co. Sturdisteel Co. 1. $201+.00 $202.00 _ 2. 595.00 590.00 3. 41o.o6 408.00 4. - - 5. 6. 116.00 108.00 - 7. 165.00 - $135.00 8 147.00 - 84.00 9. - 84.00 _ Mr. Lanham recommended accepting low bid on all items except #1, #2, #3. Low bidder on these three items, Vaughn & Associates, did not meet specifications; therefore, Mr. Lanham recommended awarding the items to Paul E. Allen Co. Councilman Gentry moved to accept the recommendation; Councilman Lander seconded the motion: Ayes: Council members Lander, Gentry, Pool, Wilbanks and Walker Mayor Pro Tem Cannon Nays: None The caption of the ordinance awarding the bid follows: ORDINANCE NO. 13 J? AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING BIDS ON FIFTEEN ITEMS OF PLAY GROUND EQUIPMENT AS FOLLOWS: SIX ITEMS FROM PAUL E. ALLEN CO., INC., FOR A SUM OF ONE THOUSAND TWO HUNDRED EIGHTY -FOUR AND N0 1100 ($1,284.00) DOLLARS: .ONE ITEM FROM MIRACLE EQUIPMENT FOR A SUM OF ONE HUNDRED EIGHTY -FOUR AND N0 1100 ($184.00) DOLLARS: THREE ITEMS FROM VAUGHAN & ASSOCIATES FOR A SUM OF THREE HUNDRED TWENTY -EIGHT AND 54/100 ($328.54) DOLLARS: AND SIX ITEMS FROM STURDISTEEL COMPANY FOR A SUM OF TWO HUNDRED NINETEEN AND NO /100 ($219.OQ) DOLLARS: AND AUTHORIZING THE TOTAL PAYMENT OF THE SUM OF TWO THOUSAND FIFTEEN AND 54/100($2,015.54) DOLLARS TO THE RESPECTIVE SUCCESSFUL BIDDERS WITH REGARD TO SUCH ACCEPTANCE. Award Bid - Altitude Valves Bids were received April 4 for the installation of altitude valves on various elevated water storage tanks throughout the city. The tabulation follows: Wolfe Construction Co. .$37,360.00 Bayshore Constructors $45,887.50 R. T. Bishop Const. Co. $37,390.80 Elder Construction Co. $49,069.38 S. & C. Construction Co. $39,875.00 Mr. Lanham recommended awarding the bid to low bidder, Wolfe Construction Company. Councilman Lander moved to adopt the proposed ordinance awarding the bid as recommended; Councilman Walker seconded the motion: Ayes: Council members Lander, Gentry, Pool, Wilbanks and Walker Mayor Pro Tem Cannon Nays: None The caption follows: ORDINANCE N0.1 3 V AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF WOLFE CONSTRUCTION COMPANY FOR THE INSTALLATION OF ALTITUDE VALVES AT ELEVATED STORAGE TANKS, JOB NO. 72 -545 AND AUTHORIZING THE CON- TRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF THIRTY -SEVEN THOUSAND THREE HUNDRED SIXTY AND N0 1100 ($37,360.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. r A April 11, 1973 Award Bid - Uniforms for Police Department' Bids were received April 3 for Poe purchase of uniforms for the police department: EDELMAN'S $2,194.05 FACTORY SALES CO. $2,817.75 Upon Mr. Lanham's recommendation, Councilman Gentry moved to award the bid to Edelman's; Councilman Pool seconded the motion: Ayes: Council members Lander, Gentry, Pool, Wilbanks and Walker Mayor Pro Tem Cannon Nays. None ORDINANCE NO. 13 88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, ACCEPTING THE BID OF EDELMAN'S FOR THE PURCHASE OF UNIFORMS FOR THE POLICE DEPARTMENT OF THE CITY OF BAYTOWN AND AUTHORIZING THE PAYMENT OF TEN PERCENT, MORE OR LESS, OF THE UNIT PRICE FOR EACH ITEM LISTED WITH REGARD TO SUCH ACCEPTANCE. Award Bid - Traffic Paint Bids were received April 6 for 1200 gallons of traffic paint for the traffic control department: GLIDDEN DURKEE $3,720.00 GULF STATES PAINT CO: $4,488.00 Mr. Lanham recommended accepting low bid. Councilman Walker moved to award the bid as recommended; Councilman Pool seconded the motion: Ayes: Council members Lander, Gentry, Pool, Wilbanks and Walker Mayor Pro Tem Cannon Nays: None ORDINANCE NO. /.3 89 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GLIDDEN - DURKEE FOR THE PURCHASE OF TRAFFIC PAINT AND AUTHORIZING THE PAYMENT OF THE SUM OF THREE THOUSAND SEVEN HUNDRED TWENTY AND no /100 ($3,720.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Provide for Contract with HUD Resolution No. 435 will provide for execution of a contract with the Department of Housing 5 Urban Development for a grant to develop the Norman C. Foote Park swimming pool. The grant will be $44,037.50. Before advertising for bids a contract must be executed for reimbursement of funds from HUD. Councilman Gentry moved to adopt the resolution; Councilman Lander seconded the motion: Ayes: Council members Lander, Gentry, Pool, Wilbanks, and Walker Mayor Pro Tem Cannon Nays: None RESOLUTION NO. 435 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND PROVIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR GRANT TO ACQUIRE AND /OR DEVELOP LAND FOR OPEN -SPACE PURPOSES. Expand Library Services to the Elderly As requested at the last council meeting, Mr. Lanham submitted a list of supplies needed to expand library services to the elderly. The amount, $5,261.00 will be paid from Revenue Sharing Funds of 1972. Council previously appropriated approximately $13,000 for library services with Revenue Sharing Funds. Following discussion with Mrs. Wilhite, Librarian, Councilman Pool moved to authorize the expenditure of $5,261.00 as recommended; Councilman Walker seconded the motion. Ayes: Council members Lander, Gentry, Pool, Wilbanks and Walker Mayor Pro Tem Cannon Nays: None 5409 5410 April 11, 1973 Pledge to HUD regarding Open -Space Use of Bayland and Goose Creek Parks Resolution No. 436 will assure HUD that the City of Baytown will prevent the utilization of a portion of Goose Creek and Bayland Parks for mineral development adversely affecting or impairing the approved open -space use of the parks. This assurance was required in the contract for grant. Councilman Walker moved to adopt the resolution; Councilman Lander seconded the motion: Ayes: Council members Lander, Gentry, Pool, Wilbanks and Walker Mayor Pro Tem Cannon Nays: None RESOLUTION NO. 436 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GIVING ITS PLEDGE TO THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT CONCERNING THE CITY OF BAYTOWN'S OBLIGATIONS TO PREVENT THE UTILIZATION OF THE '•'BAYLAND" AND "GOOSE CREEK" PARK SITES FOR MINERAL DEVELOPMENT FROM ADVERSELY AFFECTING OR IMPAIRING THE APPROVED OPEN -SPACE USE OF THE PARK SITES; AUTHORIZING AND INSTRUCTING THE DIRECTOR OF PARKS AND RECREATION TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE DALLAS AREA OFFICE OF THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE. Construct Six -Inch Force Main on Massey Tompkins Road Since the gravity flow line was constructed on Massey Tompkins Road, from Singleton to McKinney, many new residential customers have been added. This has resulted in overloading this line, and raw sewage backing up into homes on Massey Tompkins. Mr. Lanham recommended city forces install a six -inch force main on Massey Tompkins, from Singleton to McKinney, using PVC Pipe for an estimated cost of $1,459.26, in order to remedy this situation. Councilman Gentry moved to accept the recommendation; Councilman Pool seconded the motion: Ayes: Council members Lander, Gentry, Pool, Wilbanks, and Walker Mayor Pro Tem Cannon Nays: None Sterling and Defee Streets improvements Mr. Jim Hutchison, Busch Hutchison & Associates, presented theplans and specifications for improvements to Defee & Sterling streets. The major construction on Defee Street will be resurfacing from Fourth to Seventh Streets. On Sterling, the base and surface will be replaced at several locations; also, the dips-at intersections will be leveled, thus requiring storm sewer construction. nefee and Sterling will merge into one street near Highway 146, and will require a cut into the esplanade on 146. Although Texas Highway Department approval for this has not been received, Mr. Lanham and Mr. Hutchison anticipate no problems, and recommended advertising for bids as though approval had,been received. Estimated cost for the improvements is $130,000.00. Councilman Pool moved to approve the plans and authorize bidding; Councilman Lander seconded the motion: Ayes: Council members Lander, Gentry, Pool, Wilbanks and Walker Mayor Pro Tem Cannon Nays: None Texas Traffic Bafety Administration The application for grant to the Texas Traffic Safety Administration was approved in March, however, the TTSA increased their grant to 100% for the first two years, and 5050 the third year-. Should the council accept the grant, the City will not be obligated beyond the first year; yearly applications must be made. Mr. Lanham recommended the first year's grant be accepted. This grant will provide for employment of a traffic safety coordinator as discussed previously in a council meeting. Councilman Walker moved to accept the recommendation; Councilman Gentry seconded the motion: Ayes: Council members Lander, Gentry, Wilbanks and Walker Mayor Pro Tem Cannon Nays: None Abstain: Councilman Pool April 11, 1973 5411 Plans for Fire Station Improvements In the 1970 Capital Improveements Program, $50,000 was included for improvements to existing fire department facilities. Mr. Lanham reviewed the preliminary plans which were prepared by Mr. Davis, of Davis & Burge Architects. THe improvements will include renovation of the old police building in order to house the fire department dispatching personnel and equipment, as well as offices for officers. Councilman Gentry moved to authorize the architect to proceed with detailed plans and specifications for the improvements; Councilman Pcol seconded the motion: Ayes: Council members Lander- Gentry, Pool, Wilbanks, and Walker Mayor Pro Tem Cannon Nays: None Final Reading - Annex Area Vicinity of Sterling High School Mr. Lanham recommended council adopt, on second and final reading, proposed Ordinance No. 30222 -1, which will annex an area of land in the vicinity of Sterling High School. Councilman Lander moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Gentry, Pool, Wilbanks, and Walker Mayor Pro Tem Cannon Nays: None ORDINANCE NO. 1365 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, i Mr. Lanham noted that letters have been prepared and will be delivered tomorrow to I residents of the area, advising them of the city services that will be available to them immediately and in the future. Also, the area will have water and sewer service by the time they are placed on the tax rolls in January, 1974. Authorize Payment to Consultant for Conversion to Surface Water Proposed Ordinance No. 30411 -6 will authorize payment of services rendered, through March, by Mr.Caldwell of the firm Fulbright, Crooker & Jaworski. Mr. Caldwell was retained by the City as special consultant for the process of converting to surface water. Councilman Walker moved to adopt the ordinance; Councilman Lander seconded the motion: Ayes: Council members Lander, Wilbanks, Walker,POOl Mayor ProTem Cannon Nays: None Abstain: Councilman Gentry ORDINANCE NO. /3C%Q AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING LEGAL SERVICES RENDERED BY FULBRIGHT, CROCKER & JAWORSKI, AND RECEIVING AND ACCEPTING THE STATEMENTS FOR SAID LEGAL SERVICES; AUTHORIZING AND DIRECTING PAYMENT OF SAID LEGAL SERVICES, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5422 April 11, 1973 Buffer Fence Ordinance - Colony Madrid Townhouses Mr. Joe Brack, attorney representing Barcelona Enterprises, developers of Colony Madrid Townhouses, appeared to request clarification of the buffer fencing ordinance. Colony Madrid was platted as three different locations for townhouse units. The entire plat was given preliminary approval by the Planning Commission, afterwhich all streets in this plat were constructed and dedicated to the City; this was done before final approval was given. The plat at that time showed plans for constructing • fence along the back of the areas that would abutt property which would require • buffer fence. The buffer ordinance states that anytime a building, other than one or two family dwelling units, abutts property that consists of one or two family dwelling units, they must be separated with a buffer fence. On March 23, 1972, a building permit for construction of one of the three buildings was issued. Water and sewer tap fees were paid; several units are now ready for occupancy. However, on April 6, 1973, theCity revoked this building permit and water meters were padlocked, without notice to the developers. Mr. Brack stated that his clients then learned this was done because they had not complied with the buffer fence ordinance. Mr. Brack's legal opinion was that the problem is the interpretation of the ordinance as to "whether or not ", or "When" a fence is required in a subdivision as Colony Madrid. The building permit issued was for a building that abutts on, and is surrounded by three streets within the development that were previously dedicated to the public; therefore, the townhouses do not presently abutt private residential property. He continued by stating that the building permit should not have been revoked. The proper time to determine whether or not the fencing designed is adequate, or whether or not the fencing ordinance should be complied with, is when'a developer applies for a building permit. Mr. Brack submitted the fence should not be required until all units are constructed that abutt .-property which would require a fence. Barcelona Enterprises is presently compiling a market analysis on townhouses; the developers could --, in the future, determine that development of the area s origninally platted to be an unwise investment. This area could then be replatted, with Plannin - Commission approval, for single family dwelling units or. duplexes; if this is done, the buffer fence in question now would not be required. Mr. Brack stated that if at such time a building permits is applied for to develop the perimeter area as originally platted, which abutts the residential area, the devebpers would be willing to post a cash bond sufficient to erect a buffer fence. Council discussed the intent of the ordinance, which is to protect homeowners from high density developments. Since none of the property presently developed is abutting private property, Mr. Brack stated that a fence should not be required. Mr. Pfennig stated his legal opinion was that since the area was approved as an entire plat, Council has no authority to re- instate the building permit; if Council desired, however, an amendment could be prepared to clearly define "abutting Property" and when the fence should be erected. A lengthy discussion followed as to the interpretation of the ordinance, afterwhich Councilman Lander moved to direct Mr. Lanham to re- instate the building permit and allow occupancy and instructed the legal department to prepare an amendment to the ordinance to clearly define abutting property and when a fence is to be installed, and any other changes it deems advisable. Councilman Gentry seconded the motion. Mr. Lanham requested a section be included to provide a procedure for appeal from the chief building inspector's decisions of this, nature. Councilmen offered no objection. The vote follows: Ayes: Council members Lander, Gentry, Pool, Wilbanks and Walker Nays: Mayor Protem Cannon April 11, 1973 Committee to Select Auditor Councilmen Walker and Cannon were appointed to receive proposals from auditing firms for the city's independent audit, required by the Charter. Rowever, Councilman Walker explained that the firm of Gerace & RullUm was to have been retained until the end of the present fiscal year. Councilman Walker suggested the proper time to appoint another auditor would be three months prior to September 30. r Adjourn Upon the motion by Councilman Walker and seconded by Councilman Lander, the Council voted unanimouslyto adjourn the meeting. ATTEST: EDNA OLIVER, City Clerk A APPROVED:V C. GLEN WALKER, Mayo 5913