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1977 07 28 CC Minutes70728 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 28, 1977 The City Council of the City of Baytown, Texas, met in regular session Thursday, July 28, 1977, at 6 :30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Ted Kloesel Mary Elizabeth Wilbanks Allen Cannon Tom Gentry Fritz Lanham Den Savage Neel Richardson Eileen P. Hall Absent: Jack Kimmons E. tt Hutto Councilman Councilman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Councilman Councilman Mayor Gentry called the meeting to order, and the invocation was offered by Reverend Lester L. Campbell, Pastor of Central Assembly of God. Approve Minutes Councilwoman Wilbanks moved to approve the minutes of the special meeting of July 12, 1977, and the minutes of the regular meeting of July 14, 1977, and ratification of actions taken concerning each of the matters listed on the agendas of said meetings; Councilman Cannon seconded the motion. The vote follows Ayes: Council members Lander, Wilbanks and Cannon Mayor Gentry Nays: None Receive Petitions None. City Manager's Report The Administration bas received a letter from the Harris County Community Development Agency which stated that the Harris County application for the Community Development funds for the year of 1977 has been approved in the amount of $5,100,000.00. Council was given a planning figure of $500,000.00 a few months ago for the City's share, and the City submitted application based upon that figure; the City's allocation will be $497,543.00. No project action can be initiated until further notification from Harris County; however, the Administration will begin to gather information that will be necessary for preparation of the plans. Council gave tentative approval to this project several meetings ago. Texas Water Quality Board - The Administration received notification from TWQB that the City's application for a waste discharge permit for the West District Sewage Treatment Plant will be considered on August 11, 1977, by the Board. Revenue Sharing Funds - The Administration feels that it is necessary to begin the process of hearings in preparation for the approval of the revenue sharing budget for the next fiscal year. Under the new provision regarding Revenue Sharing Funds, the Chief Administrator must hold a public hearing to 70728 -2 Minutes of the Regular Meeting - July 28, 1977 make recommendations to Council prior to the hearing that Council must hold. This hearing has been scheduled for August 4, 1977, at 6:30 P.M. in the Council Chamber. Following that hearing, the Administration will develop recommendations for Council's consideration. The Administration has not been advised of the amount the City will receive in the next year, but the figure of $512,000, which was the amount the City received last, is being used for planning purposes. *Councilman Kloesel present. Coady Landfill Site - The Administration has been contacted by two people who asked if the City would be interested in leasing the Coady Landfill Site for grazing land. The Administration would like Council's permission to adver- tise for bids for this purpose. The lease would be obligated for a period of one year; Council had no objections. Capital Improvements Program - The contractor that is installing the sludge dewatering facilities at the East District Sewage Treatment Plant is about 10% complete on the total project and they are proceeding with the underground piping which is about 50% complete. The installation of the aeration equipment is about 60% complete. Street Improvement Program - The contractor is continuing to work on Eighth and Jones. Francis and State Street are ready for the laying of asphalt which is planned next week. Community Development Program - The contractor has installed about 80% of the pipe required by the contract. The construction of inlets has been delayed because of the delay in receiving bricks. Sliplining - The contractor has installed 2800 feet of 8 inch liner along Narcille from Buchanan to Woodlawn Lift Station and all the service connections should be tied in by the end of next week. Cleanup operations are underway on Beaumont Street and Ward Road. -7 Bayway Water Line - The contractor is in the process of clearing the right of way in the preparation for installation of the water pipe. Market Street Bridge - The contractor has hauled in about 1/3 of the fill material that will be required by that project. Department of Highways and Public Transportation Commission - A schedule was placed at the Council table for the Austin trip on August 1, 1977. The time of departure is at 4:30 a.m. from the Lee College parking lot on Gulf Street. Materials have been prepared for presentation to the Commission. The Administration hopes to have the budget to Council on Friday or by Monday. The Mayor commented that two members of the Council are not present to give their opinions on which time would best suit them for the budget hearings. Last year, the hearings were in the early morning. Mayor Gentry asked for the wishes of the Council on which time would best suit them. The members of Council, who were present, generally stated a preference for meeting later in the evening. Mr. Lanham asked about scheduling the hearings to begin the week of August 8. Mayor Gentry suggested that the Council hold two meetings in a row and then schedule other meetings, if necessary. Councilman Cannon explained that the week of the 8th will conflict with his schedule. The schedule for the hearings will begin on Monday, August 15, 1977, at 7:00 p.m. and on Tuesday, August 16, 1977, at 6:00 p.m. Questions or Comments Regarding City Manager's Report Councilman Kloesel requested clarification on the Community Development Project on Humble and Gulf and in that area. In response to that question, Ken Powers, City Engineer, explained the ditch on the opposite side of Humble and Gulf is being layed with culvert and will be covered, and that there will be leads and inlets that will drain under the street into the storm sewer. 70728 -3 Minutes of the Regular Meeting - July 28, 1977 Councilman Kloesel requested that the Administration check on the dust problem on buyers Street in Busch Terrace. Also, Councilman Kloesel requested that the Administration check into the mosquito problem on West Main along where Britton Cravens is located. Councilman Kloesel also requested that the West Main foot and bike bridge be on the Traffic Committee agenda for the next meeting. Mr. Lanham assured Councilman Kloesel that this item and the item about Beech Street will be placed on the agenda for the next Traffic Committee meeting. Councilman Kloesel also expressed concern about the shoulder on Airhart and Decker at Charlie Brown's Restaurant, and he asked the Administration to check on a big chug hole at the intersection of Airhart and Park. Councilman Kloesel requested that an item be placed on the next Council agenda regarding Magnolia Cemetery. According to Councilman Kloesel Is records, this is a dedicated cemetery where approximately 400 persons have been interred, and the cemetery is now being desecrated. Therefore, he would like Council action in this regard. He suggested that perhaps the Parks Board could look into establishing this area as a historical landmark. Mayor Gentry inquired if it might be a possibility that the Highway Department will permit traffic on the feeder of Spur 201 between Market Street and West Texas Avenue. Mr. Lanham responded that he had talked with Mr. Ranft earlier and Mr. Ranft explained that the contractor is working to get a section completed. The Highway Department would consider taking over that portion when the contractor gets far enough along. In the discussion with Mr. Ranft, it was pointed out that if the highway department could open this portion before school starts, this would alleviate the heavy traffic flow off Airhart Drive. Councilman Kloesel inquired about the need to talk to the Commissioner's Court about the repair of West Main from Durrain to the bridge. Mr. Lanham responded that he had talked with Mr. Fonteno about this, and the Commissioner indicated that the County plans to improve that section when the Highway Department finishes their work. Joyce Pennington Appeared Joyce Pennington appeared regarding the streets under construction in the City of Baytown. Mrs. Pennington presented some pictures that she had taken of Laredo, Granville, and West Humble while on her route. She is a van driver for the Senior Citizen's Program in Baytown. The point Mrs. Pennington expressed was the fact that these streets dead end, and with all the construction now in progress, there would be much difficulty for emergency vehicles to manuever in this area. Mrs. Pennington emphasized the need of finishing one street before beginning another, especially in areas where the streets dead end. Mrs. Pennington also expressed concern about the construction that will be taking place on Bayway Drive since the only way to get into that part of town is by traveling onto Bayway Drive or Decker Drive, and both streets will be under construction which will hamper traffic. Councilman Kloesel commented that the contractor is moving much faster on the Community Development project than most of the projects, but Council should take this under consideration in the future, and he asked that this matter be referred to the Planning Department to consider looking at an opening at the Goose Creek end to open these two or three streets. Councilman Lander commented that with proper planning and execution on the part of the contractor, it looks as if the contractor could leave another street open for emergency vehicles to travel. Mr. Lanham explained that these streets are very long and narrow, and that the same problem occurred a few years ago when the streets were being paved. The contractor has had three crews working in this area since July 1, 1977, and the job is about 80% complete. 70728 -4 Minutes of the Regular Meeting - July 28, 1977 Receive Parks and Recreation Advisory Board's Annual Report Mr. Wayne Gray appeared on behalf of the Parks and Recreation Advisory Board to give the annual report. Mr. Gray said that the Board appreciated the support that Council has given the Board through the last year, and that the Board felt the development of Phase II is the proper phase to be in at this time. The Board is trying to stay sensitive to needs of Baytown and feels that Phase II is the proper approach. Mr. Gray inquired if Council had any questions concerning this report which had been included in the packet. Councilwoman Wilbanks inquired if anything had been done recently in working on the scenic easement along Goose Creek Stream between Market and West Main. Mr. Gray responded in saying that about a year ago a real effort was put forth, but this was a frustrated effort because there are so many property owners whose land abuts this easement who were not willing to work with the Board. The Board still feels that this is a worthwhile project, but it will take a lot of effort to obtain right of way. Mr. Gray went on to say that the Parks Department does not have the time that would be required to obtain the necessary right of way. Councilman Kloesel commented that Council appreciates the hard work of the Parks Board, and he asked that the Board consider putting bike trails in Old Baytown which would connect Robert E. Lee High School and Old Baytown, also the Horace Mann Junior School area. Consider Statement of Houston Lighting and Power Company Cost of Service Adjustment and Fuel Cost Adjustments for August, 1977 Council has received a copy of Mr. McWhirter's letter and a copy of the statement of Houston Lighting and Power Company Cost of Service Adjustment and Fuel Cost Adjustment for August, 1977. In the letter, Mr. McWhirter gives the cost for 2,000 KWH billed under the present rate and the injunctive rate, which Councilman Cannon requested at the last Council meeting. The fuel cost adjustment from July to August, 1977, equals $1.10 for the user of 2,000 KWH. There is a reduction of $.06 in the cost of service adjustment for the user of 2,000 KWH. Councilman Kloesel felt this to be a large fuel cost adjustment. Quin McWhirter, Division Manager of Houston Lighting and Power Company, responded that the reason for the large fuel cost adjustment is based upon two reasons primarily -- there was an increase in the price the Company pays per unit; the cost went from $1.09 to $1.10 per million BTU's. There was an under recovery for fuel cost in June which is also billed in for this month. The Company normally adjusts for the under- recovery or the over - recovery which was previously billed the months before. Mr. McWhirter also commented that this fuel cost adjustment is lower than the fuel cost adjustment for the month of May, 1977• Consider Approval of Plans and Specifications for the Renovation of the Community Building Air Conditioning /Heating Mr. Les McDonald, Consulting Engineer, had placed a copy of the plans on the bulletin board directly behind the Council table and had handed out copies of the specifications to the Council members. Mr. McDonald explained that the plans and specifications were just a further documentation of what was discussed at a earlier Council meeting, that is developing the existing system in the Community Building into a four -pipe system instead of the present two -pipe system. This will be accomplished by zoning. It is a similar system to what will be installed at City Hall. It will be a reheat system - hot water and chilled water. Councilman Lander inquired if the heating and cooling system would have to be turned off while this work is being done. Mr. McDonald responded that the system will have to be turned off for a portion of the time while the work is being done, but only in a portion of the building at a time and completely when the change is made to the new system for 3-4 days which will probably occur in October. 70728 -5 Minutes of the Regular Meeting - July 28, 1977 Mayor Gentry inquired about the schedule for beginning work on the City Hall. Mr. McDonald responded that the work is scheduled to begin a week from Monday. Mr. Young has all of his materials except for a few things which he will have by then. Mr. McDonald explained that the shut down for City Hall heating and cooling system will be a minimum. The Administration requested Council approval of these plans and autho- rization to advertise for bids. The estimated cost is within the money which is $65,000.00. Councilman Kloesel moved for the approval of the plans, with authorization to advertise for bids; Councilwoman Wilbanks seconded the motion. The vote follows: Byes: Council members Lender, Kloesel, Wilbanks and Hutto Mayor Gentry * * ** Nays: None Consider Approval of the Transfer of Mership of the Red Top and Safeway Cab Companies Mr. Gordon Hart, the owner of these companies has requested that Council approve the transfer of ownership to Texas Kapco, Inc. Mr. B. R. Minter is the President of this company, and the ordinance that grants franchise to these companies requires Council approval before the ownership permits may be trans- ferred. Mr. Gordon Hart, the present owner of the cab companies, was present to answer questions. Councilman Lander inquired if Kapco was a local company. Mr. Hart explained that Kapco's business address is South Houston, but the same personnel will stay on to operate the company with the exception of Mr. Hart. Mr. Hart will stay on with the Kapco Company for 90 days to see that everything gets off on the right foot. Mr. Hart requested that an increase of $.10 a mile rate for the taxi fare be granted due to the price of gasoline for the Kapco Company after 60 days. Mayor Gentry responded that Mr. Minter or Mr. Hart should make a formal request for the increase in taxi fare to be presented to the Administration and then a public hearing would be set. Councilman Kloesel moved for the approval of transfer of ownership of the Red Top and Safeway Cab Companies; Councilman Cannon seconded the motion. The vote follows : Ayes: Council members Lander, Kloesel, Wilbanks and Cannon Mayor Gentry Nays: None Council thanked Mr. Hart for all of his cooperation on the Senior Citizens Transportation Program, and commended Mr. Hart for the numerous compliments that the Administration has had from the Senior Citizens Transportation Program about the courtesy of Mr. Hart's personnel and the fact that the personnel has gone out of their way beyond the call of duty to help these senior citizens. Ordinance - Authorizing the Execution of a Contract for the Senior Citizen Taxicab Program Mr. Lanham explained that the new owner, Mr. Minter, has agreed to continue this program on the same basis as set forth in the agreement with Mr. Hart. This ordinance would authorize the execution of a five -month contract with the new owner that would continue the program through December 31. Councilwoman Wilbanks moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: !Ayes: Council members Lander, Kloesel, Wilbanks and Cannon Mayor Gentry Nays: None * * ** See Correction on Page 70811 -1 70728 -6 Minutes of the Regular Meeting - July 28, 1977 ORDINANCE NO. 2271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOUN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOW TO EXECUTE AND ATTEST TO A CONTRACT TO PROVIDE TAXI SERVICE FOR SENIOR CITIZENS CONSISTENT WITH THE RECOMMENDATION OF THE SENIOR CITIZENS TRANSPORTATION COMMITTEE'S REPORT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Change Order No. 1 on the Market Street Bridge Mr. Jim Hutchison of Busch, Hutchison and Associates explained that about six to eight weeks ago, his firm received additional information on subsidence datum around the Market Street Bridge area which has subsided about 6 inches since 1973, when the last U.S.G.S. datum was run through this area. This was discussed with Mr. Lanham to see whether the Council might want to add fill to bring this back up to the 16 foot elevation specified by Council in 1973 when this project was initiated. An estimate of 2600 cubic yards of dirt would be necessary to raise the additional 6 inches throughout the project. The piling and other design for the bridge itself is adequate as is. The limit of the change order is $20,000.00. The fill dirt would be estimated at $15,000.00 and the other $5,000.00 would be mis- cellaneous. The City has asked the Highway Department and County to build to the 16 foot elevation on their projects; therefore, the Administration felt that the City should do the same on its projects. The Administration recommended approval of Change Order No. 1 on the Market Street Bridge. Councilman Lander moved for the approval of this ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH FARRELL CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE MARKET STREET BRIDGE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending Chapter ln, "Mobile Home Parks" Mr. Lanham explained that this is a recommendation from the Mobile Home Review Board. The present ordinance requires a minimum of 25 foot set back from any public street right of way line for mobile homes. This would include a mobile home placed on a corner lot, or one that has streets on two sides and in some cases on three sides. This makes it very difficult to place mobile homes on lots if they have to set 25 feet from each street. Therefore, the Mobile Home Review Board recommended that the ordinance be amended so that a mobile home could be no closer than the established building lines in a particular subdivision with a minimum of 15 feet from any public street right of way line and 5 feet from any side or back lot line. They also recommend that the ordinance be amended to change the lot size for mobile homes from the minimum of 5,000 square feet to 4,000 square feet. The Administration felt that the ordinance with regard to setbacks is consistent with the requirements for the construction of homes. The Administration concurred with the Mobile Home Review Board recommendations. Councilman Kloesel felt that he did not have sufficient time to review the recommended changes. Councilman Kloesel moved that the proposed Ordinance be tabled until the next Council meeting in order to give Council additional time for review. The motion died for lack of a second. 70728 -7 Minutes of the Regular Meeting - July 28, 1977 Councilman Lander moved to adopt the proposed ordinance; Councilman Cannon seconded the motion. Councilman Cannon asked for clarification regarding the setback and Mr. Cramer, Chief Building Inspector, explained that the setback is 5 feet from the property line and generally the property line is 10 to 12 feet behind the curb. Therefore, the house can be placed no closer than 15 feet from the curb or the street. Therefore, under the present ordinance, mobile homes are being prohibited where homes may be constructed. Councilman Kloesel generally agreed with the ordinance, but he was not convinced that it would be very wise for the Council to act on an ordinance that affects the entire City of Baytown without more study and more input from the citizens. Councilman Kloesel expressed the desire that Council defer action on this item because he felt that there was no emergency to act upon this matter. Councilman Lander asked the City Attorney, Neel Richardson, since the present ordinance on mobile homes is more restrictive than on a regular home, would this be cunconstitutional7 Mr. Richardson replied that with cause you can be more restrictive. Mr. Lanham explained that by changing the size of lots this would permit mobile homes to be placed on lots where a home could not now be constructed. Councilman Kloesel moved to table this item until the next Council meeting. The motion died for lack of a second. There being no further discussion, the vote follows: Ayes: Council members Lander and Wilbanks Mayor Gentry Nays: Council members Kloesel and Cannon ORDINANCE NO. 2273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOW TEXAS, AMENDING CHAPTER 17%, "MOBILE HOME PARKS" BY AMENDING SECTION 1'18, PARKING OF MOBILE HOME OUTSIDE OF LICENSED MOBILE HOME PARK BY ALTERING SET BACK REQUIREMENTS, DEFINING CORNER LOT, AND REDUCING MINIMUM LOT SIZE; PROVIDING FOR A PENALTY; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Authorizing Abandonment of a Five -Foot Utility Easement in Wooster Terrace Subdivision This easement is on Douglas Street. This area was platted many years ago sand for some reason, a small area was left unplatted. The owner of these lots cannot build across the City easement. A home can be constructed on these particular lots, but there will be a considerable amount of property leftover. The owner, Mrs. Abramowitz, has asked that the utility easement which has not been used in all these years be abandoned. The Tax Assessor appraised the value of that easement to be $500.00. In response to questions from Council, Mr. Lanham explained that one person owns all of this undeveloped property and that there were no homes on either side of the easement with the exception of a mobile home. Ashland Chemical owns the property that abuts the rear. In response to a question from Mayor Gentry, Ken Powers, City Engineer, explained that the removal of this easement would make this piece of property a deep lot. It is Mr. Powers understanding that Mrs. Abramowitz owns the 18 lots and the adjacent property to the back which she wants to sell without the hindrance of this easement. Councilman Kloesel inquired if the Planning Commission had looked at this. Mr. Lanham explained that since this is an abandonment of an easement, this would not be considered by the Commission. Councilman Kloesel felt that 70728 -8 Minutes of the Regular Meeting - July 28, 1977 this is a changing in the structure of the subdivision slightly and it is a possibility that it does affect the neighbors in this area. Mr. Lanham ex- plained that if the easement would be abandoned, she could sell the lots, but if not, the easement would grow up with weeds which would present a problem to the area. Mr. Roy L. Ward of 412 Douglas Street was recognized at this point. Mr. Ward asked if he was correct in assuming that Mrs. Abramowitz has requested to eliminate a five -foot easement from Block 1 through Block 18. Mr. Lanham responded that this was correct. Mr. Ward inquired how the people who will buy these lots obtain utility service and if Douglas Street would be torn up in the process. Mr. Lanham responded by saying that the area will have to be served. Mr. Ward responded by saying that there is an alley easement which is 10 feet between Block 7 and 8 and also a 10 foot alley easement between Blocks 5 and 6 that goes all the way from Douglas Street to the five utility easement that Mrs. Abramowitz wants to have abandoned. He explained that Wooster street dead ends to Block 6 and 7 and on each side of that, there are two 10 -foot utility easements. Mr. Ward went on to explain that he had asked the City to dig the ditches deeper on Douglas and set culvert for him but was refused; therefore, he had to set his own culverts and dig his own ditches. Mr. Ward's main question is - will the City come in and tear up this one section of the street to satisfy Mrs. Abramowitz to add 5 feet to these lots and come out in the road to dig up Douglas Street, or will they add the five foot easement in the front of Douglas Street on Mrs. Abramowitz's property? In response to a question from Mayor Gentry, Mr. Lanham explained that if the easement would be abandoned the utilities are normally put in the street. At this point, Mayor Gentry commented to Mr. Ward that if the easement would be abandoned, this would be an excellent way for Douglas Street to be reworked and repaved. Mr. Lanham commented that one possible solution to Mr. Ward's concern that there will be no back easement would be to ask the owner to give another easement in exchange. Mr. Ward explained where his water, sewer and gas lines are located and said that this information came from City of Baytown records. Since there appeared to be a discrepancy between the information produced by Mr. Ward and the information now available in the engineering department, Councilwoman Wilbanks moved to table this matter until the records can be checked; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Cannon Mayor Gentry Kays: None Ordinance - Authorizing the Purchase of Right of Way in the Vicinity of Travis Street to State Highway 146 for Drainage purposes This purchase would help solve the drainage problems in the Pelly area. The Council authorized the Administration a few meetings ago to make an offer to Mr. Busch, and he has accepted the offer at the appraised price of $.11 per square foot; the total cost would be $1,416.12. The Administration recom- mended approval of the purchase of this right of way. Councilman Lander moved for the adoption of this ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PURCHASE OF 0.30 ACRES OR 12,873.80 SQUARE FEET, MORE OR LESS, FROM AMELIA JONES' HEIRS OR OTHER PARTIES OF INTEREST; AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND FOUR HUNDRED SIXTEEN AND 12/100 ($1,416.12) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 70728 -9 Minutes of the Regular Meeting - July 28, 1977 Ordinance - Repealing Chapter 193,2, "Off- Street Parking Requirements," as Presently Constituted, and Substituting a New Chapter 193,5 These are recommendations of the Council's Traffic Committee. The new chapter will include several changes. There will be a requirement that addi- tional parking spaces be provided if needed when the building use changes. There will be a change in the assignment of responsibilities for the adminis- tration of this ordinance from the Planning Department to the Inspection Department. At present, according to Chapter 19'-2, either department may approve the off - street parking requirements. This would place the responsibility in one department. There will be a change in the computation formula of required spaces for a retail outlet which bases the parking requirements on the retail sales area rather than the total square footage for the entire building. The Administration concurred with the recommendations of the Council's Traffic Committee. In response to questions from Council, Mr. Lanham explained that the last change means that it could be a very large building where two - thirds would be used as a warehouse and one -third as a retail house, but the inspec- tion department would have to compute the parking space as though the entire building was used for retail purposes. Mayor Gentry inquired if this in any way required more parking spaces than what has been required in the past in any of these categories other than in a conversion from a home to a commercial business or from one use to another use. Mayor Gentry explained that from time to time since he has been on the Council, he has had numerous people who have businesses of varying nature who were quite upset about the parking require- ments for their business. Mayor Gentry felt that the present requirements are adequate and he wanted to make certain that the Council was not making the requirements any tougher by requiring additional parking spaces by this change. Mr. Lanham explained that the parking spaces will be less in some cases. Councilwoman Wilbanks asked for clarification on the decision of leaving this in the hands of the inspection department. Mr. Lanham explained that in most cases if the person is converting a building from one use to another use, it is a general rule that the person will go to the inspection department to get the necessary permits and not to the planning department, so this will eliminate going from one department to another. Councilman Kloesel moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2275 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 193�, "OFF - STREET PARKING," BY REPEALING THE PROVISIONS OF THIS CHAPTER AS PRESENTLY CONSTITUTED AND ADOPTING A NEW CHAPTER 193�, "OFF- STREET PARKING "; PROVIDING FOR A PENALTY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Restricting Parking at Various Locations These are recommendations of the Council's Traffic Committee. It would restrict parking on the east side of Harbor Street from Market Street to Cedar Street to two hours, and also, provide for no parking on the east side of Highway Boulevard and on Woodway Drive on the east side. Mr. Lanham explained that these streets are very narrow and there are businesses located on Harbor Street where the people working in this area use this street for all day parking. Woodway Drive is located in an apartment area and the owners of the complex are very interested in getting the parking restricted. The Administration concurred with the recommendation of the Council's Traffic Committee. 70728 -10 Minutes of the Regular Meeting - July 28, 1977 Councilman Cannon moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROHIBITING PARKING AT ALL TIMES ON CERTAIN STREETS AND DURING CERTAIN HOURS ON CERTAIN STREETS AS PROVIDED BY SECTION 18 -51 OF THE CODE OF ORDINANCES; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200) DOLLARS FOR EACH VIO- LATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Awarding Contract for Sandblasting and Painting Steel Structures at the West Main Sewage Treatment Plant Four bids were received for the sandblasting and painting of the steel structures at the West Main Sewage Treatment Plant. The bid tabulation follows: Baytex Sandblasting and Painting, Inc. $ 4,463.00 R. L. Goodman $ 4 ,840.00 Coastal Tank Lining, Inc. $ 6,949.00 Joiner, Inc. $ 10,927-00 The low bidder was Baytex Sandblasting and Painting, Inc. for the amount of $4,463.00. The Administration recommended approval of the low bidder. Councilman Lander moved for the adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks and Cannon Mayor Gentry Nays: Councilman Kloesel ORDINANCE NO. 2277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTEX SANDBLASTING AND PAINTING INC. FOR THE SANDBLASTING AND PAINTING OF THE STEEL STRUCTURES AT THE WEST MAIN SEWAGE TREATMENT PLANT AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF FOUR THOUSAND SIXTY -THREE AND NO/100($4,463.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance - Approving the Claim and Authorizing the Issuance of Certificates of Obligation to Ward LaFrance Truck Corporation This is in payment for the aerial ladder truck which was received last week. The truck has been carefully checked over by the Fire Chief and his staff. The Administration recommended approval of this ordinance which authorizes payment of the contract. Councilman the certificates Councilman Lander moved for the adoption of this ordinance; Kloesel seconded the motion. The total cost was $114,318.00 and of obligation total $114,000.00. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Cannon Mayor Gentry Nays: None 70728 -11 Minutes of the Regular Meeting - July 28, 1977 THE STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN � The City Council of the City of Baytown, Texas, convened in regular meeting, open to the public, on the 28th day of July, 1977, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Clerk of the City, to -wit: Tom Gentry Jody Lander Ted Kloesel Emmett Hutto E. C. Kimmons, Jr. Allen Cannon Mary E. Wilbanks Eileen P. Hall Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilwoman City Clerk and all of said persons were present, except the following absentees: E. C. Kimmons, Jr. and Emmett Hutto , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ordinance entitled: ORDINANCE APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION (the 'Ordinance ") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Ordinance be passed; and, after due discussion, the motion, carrying with it the passage of the Ordinance, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye ". NOES: None. The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted. The Ordinance thus adopted follows: ORDINANCE NO. 2278 ORDINANCE APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN WHEREAS, the City Council of the CITY OF BAYTOWN, TEXAS (the "City "), by ordinance adopted August 28, 1975, found that it was advisable for the City to purchase two fully equipped fire trucks and that certificates of obligation be issued by the City for all or any part of the cost of same;r and WHEREAS, the City Council gave due and proper notice to bidders of the time and place when and where a contract, or contracts, for the purchase, or purchases, of such fire trucks would be let and due and proper notice of its intention to issue such certificates of obligation; and WHEREAS, the City Council thereafter awarded a contract to WARD LAFRANCE TRUCK CORPORATION, Elmira Heights, New York (the "Contractor ") in the amount of $11+,318.00, as the lowest and best bid for the purchase of an Ambassador DD /FS -105 Fire Spire Rear Mounted Aerial fire truck and the Contractor at the time of the receipt of such bid by the City elected to assign such certificates in payment for all or any part of the cost thereof in accordance with arrange- ments made by the City Council; and 70728 -12 Minutes of the Regular Meeting - July 28, 1977 WHEREAS, the Contractor, as shown on a true copy of its Claim No. 2, attached hereto as Exhibit "A" and made a part hereof as if fully written herein, has submitted said claim for furnishing such fire truck; and WHEREAS, the City has received the full benefits of such contract represented by said claim to the full extent thereof and to the full extent of the certificates of obligation hereinafter authorized to be delivered; and no person, corporation or trust estate has given notice in writing or otherwise to the City, or to any official thereof, of any liens for any materials, apparatus, fixtures, macinery or labor furnished to the Contractor as provided by Chapter 17, Acts of the Legislature of Texas, 1925 (Article 5472 -a, Vernon's Texas Civil Statutes), or any other provision of law; and WHEREAS, the City does not hold a claim of any kind or character which might be properly charged or interposed as an offset or counterclaim to the payment of the aforesaid claim; and WHEREAS, a portion of said claim has been assigned to Citizens National Bank & Trust Co., Baytown, Texas, without discount, and said bank is now the legal owner and holder thereof; and WHEREAS, the City Council of the City wishes to approve said claim and authorize the payment thereof by the issuance and delivery of certain said certificates of obligation, and by the payment of cash, all as shown on said Exhibit "A" and as hereinafter set out; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS THAT: Section 1. The matters and facts contained in the preamble of this ordinance are hereby found and declared to be true and correct. Section 2. The claim described in the preamble of this ordinance and fully set forth in Exhibit "A" mentioned in said preamble shall be, and the same is hereby, approved and allowed, and the City hereby acknowledges receipt of the full benefits represented by said claim to the full extent hereof and to the full extent of the certificates of obligation herein authorized to be delivered and the cash herein authorized to be paid; and the City hereby recognizes and approves the transfer and assignment of a portion of said claim and account to Citizens National Bank & Trust Co., Baytown, Texas, as herein set out. Section 3. There is now due and owing to said bank the sum of $114,000.00 and to the Contractor the sum of $318.00. Section 4. The certificates of obligation herein authorized to be delivered shall bear interest at the rate of 5 -1/2% per annum from the date of initial delivery shown on the face of each such certificate. Section 5. There shall be executed and delivered to said bank Certificates Nos. 72 through 185, both inclusive, aggregating $114,000, of the CITY OF BAYTOWN, TEXAS, FIRE EQUIPMENT CERTIFICATES OF OBLIGATION, SERIES 1975, dated October 1, 1975, and the sum of $318.00 shall be paid by the City, in cash, to the Contractor. Section 6. The Mayor, City Clerk, City Treasurer, and other appropriate City officials, are hereby authorized and directed to deliver said Certificates above mentioned and to do any and all things necessary or convenient to carry out the terms of this ordinance. PASSED AND APPROVED this 28th day of July, 1977. ATTEST: Mayor CITY OF BAYTOWN, TEXAS City Clerk CITY OF BAYTOWN, TEXAS (SAL) 70728 -13 Minutes of the Regular Meeting - July 28, 1977 EXHIBIT "A" r 4. Amount to be paid Contractor by issuance of Certificates of Obligation . . . . . . . . . . . . . $ 114,000.00 5• Amount to be paid in cash by City to Contractor . . . . $ 318.00 The amount shown in line 3 above represents our claim against the City of Baytown, Texas, for delivering one aerial ladder truck under and in conformity with the terms and conditions of the contract described above; and $114,000.00 of such claim has been and is hereby assigned in full, without discount, to Citizens National Bank & Trust Co., Baytown, Texas. ATTEST: WARD LAFRANCE TRUCK CORPORATION By Authorized Representative L. Dale Chalker Assistant Secretary Vice Presidt- Marketin en (Title) Title) (SEAL) The aerial ladder truck represented by the claim shown in line 3 above is in full accordance with the terms and conditions of the contract described above, and such claim is hereby in all things approved for payment by the City. Fritz Lanham, City Manager City of Baytown, Texas Consider Authorizing a School Crossing Guard for Pumphrey Elementary on Fairway Drive .+ This is a recommendation from the Council's Traffic Committee. The school crossing guard would be placed on Fairway Drive. Fairway Drive meets two of the criteria that were established for school crossing guards. It is a collector street and secondly, twenty or more students cross there both in the morning and the afternoon. The reason this is being presented to Council now rather than waiting during budget sessions is the fact that the guard needs to be there when school starts which is about the middle of August. This item is included in the proposed budget. The Administration would like the approval of Council to place a school crossing guard on Fairway Drive at Pumphrey Elementary School. Claim No. 2 Dated: July 6, 1977 of Ward LaFrance Truck Corporation (the "Contractor "), against the City of ` Baytown, Texas, (the "City "), as per contract in the amount of $114,318.00, [cr between the City and the Contractor: 1. Aerial ladder truck delivered . . . . . . . . . . . . . $ 114,318.00 2. Less previous payments . . . . . . . . . . . . . . . . . $ -0- 3. Payment currently due . . . . . . . . . . . . . . . . . $ 114,318.00 r 4. Amount to be paid Contractor by issuance of Certificates of Obligation . . . . . . . . . . . . . $ 114,000.00 5• Amount to be paid in cash by City to Contractor . . . . $ 318.00 The amount shown in line 3 above represents our claim against the City of Baytown, Texas, for delivering one aerial ladder truck under and in conformity with the terms and conditions of the contract described above; and $114,000.00 of such claim has been and is hereby assigned in full, without discount, to Citizens National Bank & Trust Co., Baytown, Texas. ATTEST: WARD LAFRANCE TRUCK CORPORATION By Authorized Representative L. Dale Chalker Assistant Secretary Vice Presidt- Marketin en (Title) Title) (SEAL) The aerial ladder truck represented by the claim shown in line 3 above is in full accordance with the terms and conditions of the contract described above, and such claim is hereby in all things approved for payment by the City. Fritz Lanham, City Manager City of Baytown, Texas Consider Authorizing a School Crossing Guard for Pumphrey Elementary on Fairway Drive .+ This is a recommendation from the Council's Traffic Committee. The school crossing guard would be placed on Fairway Drive. Fairway Drive meets two of the criteria that were established for school crossing guards. It is a collector street and secondly, twenty or more students cross there both in the morning and the afternoon. The reason this is being presented to Council now rather than waiting during budget sessions is the fact that the guard needs to be there when school starts which is about the middle of August. This item is included in the proposed budget. The Administration would like the approval of Council to place a school crossing guard on Fairway Drive at Pumphrey Elementary School. 70728 -14 Minutes of the Regular Meeting - July 28, 1977 Councilwoman Wilbanks moved to place a school crossing guard on Fairway Drive; Councilman Cannon seconded the motion. In response to a question from Councilman Lander, Police Chief Bo Turner explained that the cost would be $214.00 a month for 9 -3/4 months. The vote follows : Ayes: Council members Lander, Kloesel, Wilbanks and Cannon Mayor Gentry Nays: None 7 Consider Request of Mrs. Mamie Day for Water Service Outside the City Limits The Administration recommended approval of the request for water service on Hardin Road made by Mrs. Mamie Day. Councilman Lander moved to accept the recommendation of the Administration; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Cannon Mayor Gentry Nays: None Committee Reports None. Unfinished Business Councilman Kloesel requested a listing of city -owned vehicles by departments prior to the budget sessions. Recess, Reconvene and Adjourn Council recessed into executive session to discuss land acquisition. When the open meeting reconvened, Mayor Gentry announced that no business had been transacted. Councilwoman Wilbanks moved for adjournment; Councilman Lander seconded the motion. The vote was unanimous for adjournment. -f A -Q-� Li ) Karen Petru, Deputy City Clerk APPROVED: �' p Eileen P. Hall, City Clerk