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1978 02 23 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 23, 1978 The City Council of the City of Baytown, Texas, met in regular session, Thursday, February 23, 1978, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: *Jody Lander Jack Kimmons Ted Kloesel * *Mary E. Wilbanks Emmett Hutto Allen Cannon Tom Gentry Fritz Lanham Scott Bounds Eileen P. Hall Absent: Dan Savage Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Mayor Gentry called the meeting to order and the invocation was offered by Councilman Cannon. Approve Minutes Councilman Kimmons moved to approve the minutes of the regular meeting of February 9, 1978, and the special meeting of February 14, 1978, and ratification of actions taken concerning each of the matters listed on the agendas of said meetings; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None Receive Petitions None. City Manager's Report Small Area Transit Study - The Administration has been advised by the Consultants who are making the Small Area Transit Study that they will be prepared to present their final report to the Council on March 23, and they are suggesting that perhaps Council would like to hold this as a public meeting where the presentation would be made to the Council and to the public. Council had no objections. ** Councilwoman Wilbanks present. Market Street Bridge - All the bridge slabs are poured and the only major concrete work left to be done are the approach slabs and the railings on the bridge. Clean up work is underway. The bridge should be completed by the middle part of March and it should be opened to traffic by the end of March. Baytown Sports Complex - The contractor is working on the asphalt parking areas, and unless the weather prohibits, this work should be completed in approximately three weeks. The rest of the project is moving along well and the entire project should be completed by the middle of April. 80223 -2 Minutes of the Regular Meeting - February 23, 1978 In response to a question from Mayor Gentry, Mr. Lanham stated that the contract for the Jenkins - Hollaway Park had not been let, but the Administration had heard from the State agency contributing to the funding on the project, and he asked Mr. Rountree, Director of Parks and Recreation to report on what had transpired in that regard. Mr. Rountree said that the plans and specifications had been returned by the agency so that an altera- tion regarding facilities for the handicapped could be perfected, which change has been made and the plans and specifications have been returned to the agency. As soon as the agency responds, the Administration will be able to advertise for bids. Bayway Water Line - The final clean up work is being completed and the entire project should be completed within the next few days. * Councilman Lander present. Sliplining Work - The contractor is working in the Caldwell/ Lazy Lane / Tanglewood area. The problems existing on Tanglewood should be resolved by this sliplining. Spur 330 - Traffic on Spur 330 has been routed to the south lane and a portion of the Garth /Decker intersection is blocked off so that the contractor can work in that area. Questions or Comments Regarding City Manager's Report Councilman Kloesel requested that a meeting be arranged between he and the City Engineer to discuss drainage problems in Busch Terrace after the Engineer becomes familiar with the problems in Baytown. He mentioned the fact that he had received complaints concerning the sanitary sewer system in Busch Terrace on West Gulf. Mr. Lanham said that the Administration had already prepared plans to do some additional work in Busch Terrace with city forces, that being to put in additional inlets and reshape the ditches to drain the water from driveways and yards. Mr. Lanham explained that originally the plan was to put pipe on both sides of the street, but because the contract overran, pipe was put on one side which is what is causing the problem. Volunteer Firefighters Pension Plan - Councilman Kloesel inquired if any information had been received in this regard. Mrs. Hall responded that she had been corresponding with the State Firemen's Commissioner who in turn had requested some information from the local office in order to furnish the information requested. Traffic on I -10 - Councilman Hutto expressed concern that the contractor on the I -10 project seems to be unduly delaying traffic by not using good judgment in his safety procedures and asked that the Administration be in touch with Mr. Ranft concerning this problem. Councilman Kloesel commented that perhaps publicity through the news media by the highway department when anticipating that an area will be closed would route some traffic to Highway 90. Statement of Houston Lighting and Power Company Cost of Service Adjustment and Fuel Cost Adjustment for March, 1978 The March bill for the customer using 1,000 KWH compared to February will involve an increase of $2.48; $2.31 of that is fuel adjustment; $.05, cost of service adjustment; $ .12 sales tax. 80223 -3 Minutes of the Regular Meeting - February 23, 1978 The reason for the increase is an under recovery in fuel cost in December of approximately $1,100,000 and an increase in the total cost that HL &P expects to pay for fuel in March of $4.4 million. As a result of this, there is an increase in the average bill. Mayor Gentry questioned the phrase "an increase in the total cost we expect to pay. Mr. McWhirter explained that since fuel is derived from several sources, there is no way for the company to determine exactly what that cost will be. However, bills are always adjusted accordingly. Consider Approving Plans and Specifications for the Baytown Sports Complex Neighborhood Center and Authorizing Advertisment for Bids Bids were taken on this project a few months ago, and these bids were approximately $205,000 over the money allocated for the project -- $138,000. The consultants have redesigned the proposed neighborhood center. The size has been reduced from approximately 4,000 square feet to about 3,200 square feet. These plans have been reviewed with the parks board and the board has recommended that the plans be approved and that the Administration be authorized to proceed to advertise for bids. Jan Lammers, Architectural Consultant, stated that, as Mr. Lanham had stated earlier, the square feet had been reduced, and now the architects are recommending the use of wood rather than masonry on the exterior of the building. In the original design, there were 5 meeting rooms, now the architects are recommending 4 meeting rooms which are 20' x 251. Mr. Lammers pointed out, however, that 3 of the original 5 meeting rooms were smaller than the 4 being proposed. Mr. Lammers pointed out that the glass will be positioned so that more natural light can be introduced into the building and be further away from vandals. The meeting rooms can be separated by folding partitions. Mr. Lammers requested approval of the plans and specifications and authorization to advertise for bids. Council questioned the best utility for the four meeting rooms, that is whether one should be an enclosed sound proof meeting room for groups that would be creating a great deal of noise. Mr. Rountree said that at times this presents a problem at the community building, therefore his department tries to schedule activities such as meetings on one end of the building and activities such as music lessons on the other end of the building. Mr. Lammers pointed out that a possible solution is to install a permanent partition at one end of the building and designate this room as a music room. Mayor Gentry commented that he felt something will have to be sacrificed in this type of building, but he would rather not sacrifice the utility of the facility. Mr. Rountree commented that he felt if there would be a permanent partition installed in the building that it would cut down on the usage of the building. Mr. Rountree further explained that when this problem arises at the Civic Center, his staff attempts to schedule activities so one does not interfere with the other, but if this cannot be done, the persons making the arrangements are told of the problem. If this is an insurmountable problem, the activities are arranged on a different day or at a different time. Councilwoman Wilbanks moved for the approval of the proposed plans and specification for the Baytown Sports Complex, and to authorize advertisement for bids; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 80223 -4 Minutes of the Regular Meeting - February 23, 1978 Consider Plans and Specifications for Kilgore Road /Mockingbird Lane Storm Sewer Project and Authorization to Advertise for Bids Bids were taken on this project several weeks ago. The bids came in over the available funds; therefore, the engineers have reworked the plans and have reduced the scope of the project. Jim Hutchison, representative of Busch, Hutchison and Associates, was present to review the plans with Council. Mr. Hutchison explained the plans are essentially the same but shorter. The Mockingbird Lane storm sewer has been shortened. Originally, the storm sewer was to extend from Clayton Drive to the drainage ditch. This has been cut back and an add alternate has been provided. The base bid will be from the drainage ditch to Eaves Drive and an add alternate will carry the project on to French Place. Mr. Hutchison explained that the work will be done behind the curb on the south side of the street because of the water lines on one side of the street and the sanitary sewer line on the other side of the street. The inlets will be enlarged from 5' to 10' so that it may hold more water. The pipe on the north side of the street will remain as is. The major storm sewer will be on the south side of the street behind the curb. Mr. Hutchison explained that his firm has contacted suppliers of metal pipe, and found that from 48 inches on up, metal pipe is cheapier. The largest pipe in this project will be 66 inch and the smallest pipe will be 18 inch. Mr. Hutchison explained that his firm is proposing to allow bids on use of corrugated metal pipe, concrete pipe or a mixture. Councilman Kimmons moved for approval of the plans and specifications for the Mockingbird Lane /Kilgore Road storm sewer project and authorization to advertise for bids; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Ordinance - Authorizing Final Payment on the 1977 Street Improvement Program Able Services Inc. has completed the work on the 1977 Street Improvement Program. A final inspection was made on this work. Previous payments in the amount of $275,481.44 have been made. Final payment in the amount of $30,609.05 remains to be paid. Total payment will be $306,090.60 which represents an underrun of $4,304.51. The Administration recommended approval of the ordinance. Councilman Lander moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF THE 1977 STREET IMPROVEMENT PROGRAM BY ABLE SERVICES, INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID ABLE SERVICES, INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 80223 -5 Minutes of the Regular Meeting - February 23, 1978 Ordinance - Approving a Sewer Contract with Harris County Fresh Water District No. 27 This contract has been reviewed by Council and the Water District's Board, and the Board has approved the contract and asked that the City Council approve the contract. Under the terms of this proposed contract Fresh Water District No. 27 will construct and operate a sanitary sewer collection system which will empty effluent into the City's Craigmont lift station. This effluent will be pumped to the City's West Main Treatment Plant for treatment. The contract gives the City the right to approve plans and specifi- cations for construction of the Sanitary Sewer Collection System. It also gives the City the right to inspect this construction work and the right to inspect service connection work. All construction work will be carried out in accordance with State and City standards. The proposed contract also provides protection for the City in terms of industrial waste control and infiltration controls. The financial arrangements outlined in the contract require residents to pay $100.00 for the right to buy into this system, to pay $100.00 for residential tap, to pay twice the normal minimum for residential service and to pay one and one half times normal rates for additional sanitary sewer service over and above the minimum service. The Administration recommended approval of the ordinance. Councilman Cannon inquired if bonds have been sold in this district. Mr. Lanham explained that bonds have not been sold but have been voted. Councilman Cannon inquired if the bonds were voted for a distribution system and a treatment plant. Mr. Lanham explained that the citizens voted on a collection system but chose not to build their own treatment plant. Councilman Lander inquired as to how the sewage is being handled at the present time. Mr. Lanham explained the sewage is' being handled by septic tanks. Councilman Lander also inquired as to what percent capacity of the West Main Plant will this consume. Mr. Lanham explained that the estimated flow would be approximately 105,200 gallons per day. The capacity of the West Main Treatment Plant is 4.7 million. In response to a question from Council, Mr. Lanham explained that the plans are to route the effluent to the Central District. Councilman Kloesel moved for adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2412 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE OF BAYTOWN TO EXECUTE AND ATTEST TO A WASTEWATER DISPOSAL CONTRACT WITH HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 27 AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Calling a Hearing on the Proposed Annexation of Whispering Pines, Section 4 Council has received a letter from Mr. John McLaggan, in which he requested that the City annex a subdivision which he is developing, which will be known as Section 4 of Whispering Pines Subdivision. There will be approximately 93 lots located in this area. 80223 -6 Minutes of the Regular Meeting - February 23, 1978 Mr. Lanham pointed out that Council received a letter some time ago from the Whispering Pines Civic Association regarding problems with the lift station in that area and some of the collection systems in Whispering Pines, Section 1 and 2. The Administration is in the process of working on plans for solving this problem and will present these plans at the hearing. The Administration recommended approval of the ordinance calling a public hearing on the annexation of Whispering Pines, Section 4 for March 9, 1978, at 7:00 p.m. Councilman Kloesel moved for adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2413 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Ordinance - Restricting Parking on a Portion of Defee Street When the Traffic Code was reclassified last year, the fifteen minute parking restriction on that section of Defee Street was inadvertently omitted from the schedule. The proposed ordinance would correct this error. The Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING CERTAIN AREAS OF DEFEE AVENUE AS A FIFTEEN MINUTE TIME LIMIT PARKING ZONE; REPEALING ORDINANCES INCONSISTENT HEREWITH: CONTAINING A SAVINGS CLAUSE: PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Authorizing a "No Parking Zone" on West Texas Avenue The Council's Traffic Committee approved the recommendation which would prohibit parking on the north side of West Texas Avenue 300 feet east of the intersection of Price Street. The Administra- tion recommended approval of the ordinance. N 80223 -7 Minutes of the Regular Meeting - February 23, 1978 Councilman Kloesel moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING A PORTION OF WEST TEXAS AVENUE AS A NO- PARKING ZONE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Awarding the Bid for the Purchase of Water Pumps Five bids were received for the purchase of four water pumps for the Public Works Department. The bid tabulation follows: Item Quantity Description 1 4 each Water Pump 3" discharge MAKE & MODEL: LOCATION PARTS & SERVICE: WARRANTY: DELIVERY A.R.O.: Item Quantity 1 4 each MAKE & MODEL: Description Water Pumps, 3" discharge LOCATION PARTS & SERVICE: WARRANTY: DELIVERY A.R.O.: Item Quantity Description 1 4 each Water Pump 3" discharge SERVICE EQUIPMENT Unit Price Extended Price $628.00 $2,512.00 Homelite 120TP3 -1A Houston, Texas 6 months 1 day PUMP & POWER EQUIPMENT Unit Price Extended Price $532.00 $2,128.00 Gormon -Rupp 13D -17 Houston, Texas 1 year 42 days AIR COOLED ENGINE Unit Price Extended Price $659.00 $2,636.00 80223 -8 Minutes of the Regular Meeting - February 23, 1978 AIR COOLED ENGINE Item Quantity Description Unit Price Extended Price MAKE & MODEL: Homelite 123TP3 -lA LOCATION PARTS & SERVICE: WARRANTY: DELIVERY A.R.O.: Item Quantity 1 4 each MAKE & MODEL: Description Water Pumps, 3" discharge LOCATION PARTS & SERVICE: WARRANTY: DELIVERY A.R.O.: *VOID - DID NOT SIGN BID: Item Quantity Description 1 4 each Water Pumps, 3" discharge MAKE & MODEL: LOCATION PARTS & SERVICE: WARRANTY: DELIVERY A. R. 0. : Two Companies submitted no bids. Baytown, Texas 1 year 3 days TRECO INC. Unit Price Extended Price $558.00* $2,232.00* Gormon -Rupp 13D -17 Houston, Texas 1 year - pump 6 months - engine 1 day AUTOMATIC PUMP Unit Price Extended Price $698.00 $2,792.00 Marlow 30D22 W /GY27W Beaumont, Texas 1 year - pump 30 days Pump and Power Equipment Company submitted the low bid in the amount of $2,128.00. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2416 AN ORDINANCE OF THE CITY COI TEXAS, ACCEPTING THE BID OF COMPANY FOR THE PURCHASE OF WATER PUMPS ON A UNIT PRICE TION TO BE PAID TO BE BASED SUPPLIED; AND PROVIDING FOR JNCIL OF THE CITY OF BAYTOWN, PUMP & POWER EQUIPMENT ESTI14ATED QUANTITIES OF BASIS, WITH THE COMPENSA- UPON THE ACTUAL QUANTITIES THE EFFECTIVE DATE HEREOF. Ordinance - Awarding the Contract to Install Parking Lot Lighting 80223 -9 Minutes of the Regular Meeting - February 23, 1978 Two bids were received for installation of parking lot lighting at City Hall. The bid tabulation follows: Item Quantity Description 1 1 COMPLETION WITHIN Item Quantity 1 1 COMPLETION WITHIN GULF COAST ELECTRIC Unit Price Extended Price Parking Lot Lighting 45 days $7,635.00 BAYTOWN ELECTRIC Description Unit Price Extended Price Parking Lot Lighting 14 days $5,864.00 Baytown Electric submitted the low bid in the amount of $5,864.00. Funds in the amount of $6,500.00 have been budgeted for this work. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel ORDINANCE NO. 2417 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTOWN ELECTRIC CORPORATION FOR THE LIGHTING OF THE BAYTOWN CITY HALL PARKING LOT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FIVE THOUSAND EIGHT HUNDRED SIXTY -FOUR AND N01100 ($5,864.00) DOLLARS. Ordinance - Awarding the Contract to Install Traffic Control Equipment Two bids were received for the installation of strain poles for the traffic signals at the Carnegie and Market Street intersection. This signal was removed during construction. The bid tabulation follows: PFEIFFER - GAMBRELL Item Quantity Description Unit Price Extended Price 1 4 each Service to install $4,000.00 Four Each Traffic Poles TO BE COMPLETED WITHIN: 15 days BAYTOWN ELECTRIC Item Quantity Description Unit Price Extended Price 1 4 each Service to install_ $3,268.00 Four Each Traffic Poles TO BE COMPLETED WITHIN: 14 days 80223 -10 Minutes of the Regular Meeting - February 23, 1978 'Baytown Electric submitted the low bid in the amount of $3,268.00, which will be_paid out of the 1975 bond funds. The Administration recommended approval of the ordinance. Councilman Hutto moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTOWN ELECTRIC CORPORATION FOR THE PURCHASE AND INSTALLATION OF TRAFFIC SIGNAL EQUIPMENT TO BE INSTALLED AT THE MARKET AND CARNEGIE STREET INTERSECTION AND AUTHORIZING PAYMENT BY THE CITY OF THE SUM OF THREE THOUSAND TWO HUNDRED SIXTY -EIGHT AND N01100 ($3,268.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Ordinance - Awarding the Bid for the Purchase of Ladder Pipe Five bids were received for the purchase of a ladder pipe which will be mounted on the Fire Department's new aerial ladder truck. This can be controlled by a person standing on the ground. The bid tabulation follows: Item 1 MODEL: Quantity Description FIRE PROTECTION SERVICE Unit Price Extended Price 1 each Ladder Pipe for Fire Ladder $3,066.00 DELIVERY: A.R.O.: WARRANTY: LOCATION PARTS & SERVICE: Item Quantity Description Akron # 666 60 days 1 year Dallas, Texas FIRE APPLIANCE COMPANY Unit Price Extended Price 1 1 each Ladder Pipe For Fire Ladder $4,113.70 MODEL: DELIVERY: A.R.O.: WARRANTY: Akron # 666 56 days Manufacturer's LOCATION PARTS & SERVICE: Wooster, Ohio 80223 -11 Minutes of the Regular Meeting - February 23, 1978 Item Quantity 1 1 each MODEL: DELIVERY: A.R.O.: WARRANTY: HOUSTON FIRE & SEF, Description Unit Price Extended Price Ladder Pipe For Fire Ladder LOCATION PARTS & SERVICE: Akron # 80 days $4,268.16 666 Manufacturer's Wooster, Ohio CLAUDE WRIGHT Item Quantity Description Unit Price Extended Price 1 1 each. Ladder Pipe For Fire Ladder $4,362.73 MODEL: Akron # 666 DELIVERY: A.R.O.: WARRANTY: LOCATION PARTS & SERVICE: Item Quantity 1 1 each MODEL: DELIVERY: A, R.O.: WARRANTY: 60 days 1 year Wooster, Ohio FIRE FOX CORP Description Unit Price Extended Price Ladder Pipe For Fire Ladder $4,297.39 LOCATION PARTS & SERVICE: Akron # 666 30 to 42 days Manufacturer's Wooster, Ohio One Company submitted a no bid. Fire Protection Service submitted the low bid but withdrew their bid due to an error. The indicated that their total should have been $4,066.00 instead of $3,066.00. Fire Appliance Company submitted the low bid meeting specifications in the amount of $4,113.70. The Administration recommended approval of the ordinance. Councilman Lander moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF FIRE APPLIANCE COMPANY FOR THE PURCHASE OF ONE LADDER PIPE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FOUR THOUSAND ONE HUNDRED THIRTEEN AND 70/100 ($4,113.70) DOLLARS. 80223 -12 Minutes of the Regular Meeting - February 23, 1978 Ordinance - Awarding the Contract for Mowing Services Four bids were received for the vacant lot mowing contract. The bid tabulation follows: S.V. ROBBERSON Item Quantity Description Unit Price Extended Price 1 1 Mowing Contract For 1 Year Hourly Charge For Mower & Driver $10.00 Minimum Lot Charge: 9.00 Make And Model Of Tractors Used: 1. M.F. Diesel 2. M.F. Diesel # 135 3. Int'l Diesel # 364 Days and Hours Contractor Mow anytime Cannot Mow E. H. FORD Item Quantity Description Unit Price Extended Price 1 1 Mowing Contract For 1 Year Hourly Charge For Mower & Driver $10.00 Minimum Lot Charge $10.00 Make And Model Of Tractors Used: 1. M.F. Diesel 235 Days and Hours Contractor Cannot Mow Item Quantity 1 1 2. M.F. Diesel 35 3. John Deer Crawler Before 3:00 p.m. week days DANNY THACKER Description Unit Price Extended Price Mowing Contract For 1 Year Hourly Charge For Mower & Driver $15.00 Minimum Lot Charge: $20.00 Make And Model Of Tractors Used: 1. M.F. Diesel 25 Days and Hours Contractor Cannot Mow 2. M.F. Diesel 35 3. Ford Gas 8N Mow anytime MICHAEL WALKER Item Quantity Description Unit Price Extended Price 1 1 Mowing Contract For 1 Year Hourly Charge For Mower & Driver $12.50 Minimum Lot Charge: 9.50 Make And Model Of Tractors Used:' - 1. Ford Gas 8N Days And Hours Contractor Cannot Mow 2. M. F. Diesel 300 Mow anytime 80223 -13 Minutes of the Regular Pieeting - February 23, 1978 Mr. S. V. Robberson submitted the low bid of $10.00 per hour charge for mower and driver; minimum lot charge is $9.00. He has indicated that he can mow at any time. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Councilman Cannon commented that Mr. Ford has done a very commendable job in the past. ORDINANCE NO. 2420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN, TEXAS, TO EXECUTE AND ATTEST TO A CONTRACT FOR MOWING SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - The Second and Final Reading on the Proposed Annexation of Trailwood Subdivision The proposed ordinance provides for the second and final reading on the proposed annexation of the Trailwood Subdivision. This subdivision is located north of Massey Tompkins Road and west of Raccoon Drive. No opposition to this proposed annexation was expressed at the public hearing or when Council considered the ordinance on first reading. Mr. Lanham explained that the plans for the subdivision have not received final approval. Councilman Cannon had expressed concern that the subdivision would be annexed prior to final approval by the Planning Commission; however, if the ordinance is not acted on by the next Council meeting, the process will have to be reinstituted. In response to a question from Councilman Cannon, Mr. Lanham explained that the Planning Commission has approved the plat, but the engineering plans are still being worked on. Work will not be able to begin on the subdivision until the engineering plans are approved. The Administration recommended approval of the ordinance. Councilman Hutto moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: Councilman Cannon ORDINANCE NO. 2381 AN ORDINANCE PROVIDINGgFOR 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. 80223 -14 Minutes of the Regular Meeting - February 23, 1978 Ordinance - Amending Chapter 11, "Electrical Code." As a result of the concern about the impact of revisions to the Electrical Code which were made last fall, the City Council repealed those changes at a special meeting in December. The Electrical Board has held several meetings to prepare revisions to the code. This proposed ordinance has been recommended and unanimously approved by the Electrical Board. This ordinance amends the original Electrical Code in the following ways: 1. It establishes a $2,500 surety bond requirement. 2. It establishes a maximum ratio of four apprentices to each journeyman on the job site. 3. It establishes experience requirements for master electricians including four years experience as a journeyman or two years of practical experience as an electrical engineer. 4. It provides that a journeyman who can prove that he has worked as a journeyman in other cities for at least 3 years can be licensed on a reciprocal basis without taking any examination or that a journeyman who has completed an approved apprenticeship program can be licensed without examination. 5. It limits the duration of travelers permit for a journeyman to the time of the next examination instead of completion of the job. 6. It provides some increase in fees. 7. It requires a contractor's vehicle to be marked with two inch lettering on the doors. Magnetic signs may be used for this purpose. Councilman Kimmons moved for adoption of the ordinance; Councilman Kloesel seconded the motion. Councilman Hutto inquired as to the reasoning behind the $2,500 surety bond since in the past it has been a $1,000 bond and no one has had to collect on the bond. Councilman Kloesel explained that the increase was made partially because of inflation, and not because of any problems that have been experienced in Baytown, but to afford citizens of Baytown more protection. Mayor Gentry commented that a change in the bond market could make it difficult to obtain a bond. Councilman Kloesel commented that he would prefer that Council adopt the ordinance and if problems arise in this regard, Council could reconsider this provision at that time. Councilman Lander commented that he was in favor of an Electrical Code, but could not see the necessity for the bond requirement. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 80223 -15 Minutes of the Regular Meeting - February 23, 1978 ORDINANCE NO. 2421 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 11, ELECTRICAL CODE," BY THE AMENDMENT OF ARTICLES 1, ADMINISTRATION, DIVISION 1, ELECTRICAL BOARD, ARTICLE, 2, LICENSES, AND RESTRICTIONS UNDER LICENSES, AND ARTICLE 3, PERMITS AND INSPECTIONS; REPEALING ORDINANCES INCONSISTENT HEREWITH; ESTABLISHING A PENALTY; CONTAIN- ING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Amending Chapter 18, "Motor Vehicles and Traffic," to Authorize Parking of Recreational Vehicles No action was taken at the last Council meeting on a proposed ordinance which would permit temporary parking of recreational vehicles. The proposed ordinance has been altered to include a definition of recreational vehicle, which is defined as a customized van, motor home, travel trailer, truck camper or mobile home which is less than 29 feet in length and is currently licensed for highway travel. The proposed ordinance amends Chapter 18 of the Code of Ordinances by allowing the Police Department to issue temporary parking permits for the parking of such recreational vehicles on the street at night under certain conditions. These conditions include lack of available driveway space, adequate streets with adequate reflective devices on the vehicle and a limitation of parking for only 72 hours for the purpose of loading and unloading. The Administration recommended approval of the ordinance. Councilman Kimmons moved for adoption of the ordinance; Councilman Lander seconded the motion. Councilman Kloesel expressed concern that an owner must obtain a temporary parking permit within 12 hours after parking the vehicle and he said that he would like to remove the 12 hour period or possibly -make it a 24 hour period. Councilman Cannon moved to amend the ordinance to extend the time limit to obtain a permit for temporary parking from 12 hours to 24 hours; Councilman Kimmons seconded the motion. Councilman Hutto commented that he could not support the ordinance unless someone could convince him that it would be absolutely necessary for an individual to go down to the police station to obtain a permit. He felt that the ordinance could be enforced just as well without a permit. Councilman Kloesel moved to delete the clause within 24 hours that was stated in the amended motion. At this point, Mayor Gentry explained that this could cause parliamentary problems, but if the amended motion were defeated, Council would be back to the original motion and this motion could be amended. The motion by Councilman Kloesel did not receive a second. The vote on the amended motion follows: Ayes: Council members Kimmons, Wilbanks and Cannon Nays: Council members Lander, Kloesel and Hutto Mayor Gentry The amended motion was defeated. 80223 -16 Minutes of the Regular Meeting - February 23, 1978 After which, Councilman Lander moved to amend the ordinance to delete all references to temporary parking permits; Councilman Kimmons seconded the motion. Mayor Gentry asked that this item be set aside in order that Scott Bounds, City Attorney, would have a chance to review the ordinance and make any corrections that would be necessary. Ordinance - Authorizing the City to Enter into a Contract with Harris County for Fire Proptection Outside of City Limits Included in the packet there was a letter from J. J. Pruitt, Fire Marshal of Harris County, concerning the proposed agreement between the City and Harris County for rural fire protection during 1978. The terms of the proposed agreement are similar to those of past years except that the fee for fire protection has been reduced from $4,285.00 in 1977 to $4,150.00 in 1978. The slight reduction in fees is evidently due to a decrease in the number of calls in this area during 1977. Under the terms of this contract, the Baytown Fire Department will dispatch a fire department pumper truck with professional driver to the scene. No additional paid firefighters should be sent. Members of the Baytown Volunteer Fire Department are asked to report to the scene to help fight such fires. Mr. Lanham commented that the amount the City is receiving is fair in terms of what other cities are getting; therefore, the Administration recommended approval of the contract. Councilman Cannon inquired if the County sent this contract to the City with the dollars quoted on the contract. Mr. Lanham explained that he thought there was a certain amount of money appropriated each year which the County divides among all the fire departments in Harris County that provide this service. Councilman Cannon asked how many fewer calls were made in 1977 than in 1976. Mr. Lanham replied that in 1976, the City made 112 calls and in 1977, the City made 85 calls. Councilman Cannon then inquired how much did expenses increase to fight fires. Mr. Lanham explained that the City's estimate for the calls in 1977 is approximately $7,151.00 and that's pretty much direct costs and that does not include any overhead. Councilman Cannon moved for adoption of this ordinance with an amendment to the contract in the dollar amount by taking the 1977 figure and multiply that times the escalation factor, and insert that dollar amount in the contract. Councilman Kloesel seconded the motion. Councilman Lander commented that the ordinance could not be adopted, because with Councilman Cannon's motion, the County would have to pay the City of Baytown more money. Councilman Cannon commented that he would be happy to enter into the contract, but not for the County's dollar figure, and if the County so desired, the service could be provided on a per call basis. Mr. Lanham pointed out this contract covers the calendar year so we are already into the 1978 period. Mr. Lanham suggested that the Council approach the Commissioner's Court and ask that more money be allocated. Mr. Lanham said it would be a very difficult thing to cut off the people outside the City limits from fire protection. 80223 -17 Minutes of the Regular Meeting - February 23, 1978 Councilman Lander pointed out that the costs are not really direct costs because if the City did not provide this service, our manpower would not be reduced; therefore, what was being discussed was some sort of marginal cost which is an undetermined amount. Mr. Lanham commented that the City figures so much an hour for the apparatus and the manpower and the miles travelled. In response to a question from Council, Assistant Chief Turner explained that the Fire Department sends a tank truck and driver along with volunteers on small fires. When there is a large fire the equipment and personnel necessary to combat the fire is dispatched, but the county only pays for one man and one vehicle. Mayor Gentry explained he felt that Council should delay action on this in order that the Administration could get back to the County to explain the added costs involved. Councilman Cannon withdrew his motion on that basis. Councilman Kloesel moved that the contract be sent back to the Commissioner's Court to be renegotiated with a greater amount based on our experience; Councilwoman Wilbanks seconded the motion. Mayor Gentry commented that Mr. Lanham could portray that to the proper people at the County level. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Ordinance - Amending Chapter 18, "Motor Vehicles and Traffic," to Authorize Parking of Recreational Vehicles on the Street Scott Bounds, City Attorney, explained that the amended motion to the proposed ordinance would make it illegal to park a recreational vehicle, as defined, for more than 72 hours or in violation of the standards that were set forth by Council with the exception of item number two. Councilman Hutto inquired as to what is a definition of a customized van. Mr. Bounds explained that a customized van is a super van or any type of van that is modified for recreational use. The weight capacity of a van would have to be greater than a 1 ton van to be regulated as a recreational vehicle. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel and Hutto Mayor Gentry Nays: Council members Wilbanks and Cannon ORDINANCE NO. 2422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," BY THE AMENDMENT OF SECTION 18 -51, PARKING PROHIBITED FOR CERTAIN VEHICLES AND PURPOSES, TO PROVIDE TEMPORARY PARKING OF CERTAIN RECREATIONAL VEHICLES ON PUBLIC STREETS; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 80223 -18 Minutes of the Regular Meeting - February 23, 1978 *Councilman Kloesel gone. Ordinance - Awarding the Contract for Re- roofing of City Hall Building One bid was received for the re- roofing of the City Hall Building from Downing Roofing Company for the amount of $19,635.00. DOWNING ROOFING CO. Item Quantity Description Unit Price Extended Price 1 Installation of new roof $70.00 $15,120.00 2 Building up low areas $90.30 $ 4,515.00 with light- weight concrete Company Location: Completion Time: Gross Total Baytown, Texas 10 days $19,635.00 Last year Downing did the work on the re- roofing of the Community Building. The Administration recommended approval of the ordinance. Councilman Hutto moved for adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DOWNING ROOFING COMPANY FOR THE RE- ROOFING OF THE BAYTOWN CITY HALL BUILDING AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS.BY THE CITY FOR THE SUM OF NINETEEN THOUSAND SIX HUNDRED THIRTY - FIVE AND N01100 ($19,635.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Consider Authorization to Advertise for Bids to Replace a Utility Truck Several weeks ago, a 1974 pickup which was being used by one of the City's Wastewater Collection crews was demolished in a wreck. This vehicle provided essential transportation for this crew. Funds are available to replace this vehicle in the Wastewater Collection budget. The Administration requested permission to advertise for bids to replace this vehicle. Councilman Cannon moved to authorized the Administration to advertise for bids to replace this vehicle; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None *Councilman Kloesel back. 80223 -19 Minutes of the Regular Meeting - February 23, 1978 Discuss Employee Retirement Program Mr. Lanham explained that the City of Baytown is a partici- pant of the Texas Municipal Retirement System. Under this system, at present the employee pays 5% of the first $6,000.00 of his salary and the City matches that on a basis of 2 to 1. In March of 1973, the City Council approved participation in a supplementary retirement system, and under this system an employee pays 5% of his salary above the $6,000.00 and the City pays 5.6% of the employees salary over $6,000.00. This supplementary retirement program was made available to all employees who chose to participate. In the beginning, more than 50% of the employees chose to participate, but at the present time only approximately 22% of the employees are participating. The recent changes in legislation governing the Texas Municipal Retirement System and past performance of TMRS investment program have created a situation in which changes in the City's present retirement plans might benefit the City and retiring employees. The trustees of the supplementary retirement system have recommended that consideration be given to merging the City's supplementary system with TMRS, thus having just the one system which would be based on the entire salary. The department and division heads have studied this program and they recommend the system. There are several advantages to TMRS, one being that it is portable. One major difference is that in order to be a part of the TMRS, there must be a 100% participation by the employees. Because of the fact that only 22% of the employees are participating in the supplementary system, if the City changes over and merges the two systems, where everyone will have to participate in TMRS, the City's cost will go up. The estimate is that it would go up by approximately $166,000.00 per year. If the two systems would merge, the City would be refunded the funds that have been contributed to the supplementary retirement system. These funds could be used to pay the increase. The employees would get back what they have contributed to the supplementary system. Mr. Lanham felt that the time to consider this is when Council is studying the budget, but he explained that the Administration would like to discuss this with the City employees, and would, therefore, like Council's permission to do so. Council had many questions concerning the merging of the two systems and asked that the Administration ask that a representative of Texas Municipal Retirement System meet with Council to explain the proposed merger and answer questions. Mr. Lanham said that he would arrange for this meeting in the very near future. Discuss Closing of Durrain Ferry Road At the last Council meeting, Council asked that the Administration place this item on the agenda, and also asked that the Administration report what action had been taken on this previously. Mr. Lanham explained that he had a copy of the minutes of the March 10, 1977 Council meeting which reflected that a motion was made to close the street at its intersection with Spur 201, and it was explained that the Council's Traffic Committee had recommended that the street not be opened and that an additional study would be made when the feeder roads on both sides of Spur 201 were opened to traffic. 80223 -20 Minutes of the Regular Meeting - February 23, 1978 The Council's Traffic Committee would not recommend that Durrain Ferry Road be opened under hazardous conditions. At that time, Council voted to leave it closed on that basis, but no decision was made to close it permanently. Councilman Kloesel commented that his intent at the present time would be to put this on the agenda for the next meeting to close Durrain Road at the intersection of Spur 201 and Durrain. The legal terminology would be not to permit through traffic and dead end the intersection. Councilman Kloesel felt that there would be no advantage to waiting until the construction is completed. Councilman Kloesel moved that Council take action to close the intersection of Durrain and Spur 201 permanently so that through traffic would not be permitted; to dead end the street at its intersection with Spur 201, and to take whatever legal action necessary; Councilman Hutto seconded the motion. Mayor Gentry explained that Council could vote on the motion and if an ordinance is required to close this intersection permanently, Council can vote on an ordinance at a later date. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Mayor Gentry called a five minute recess. Consider Authorizing the Widening of a Median Cut on SH 146 near North Shepherd Drive The Council's Traffic Committee reconsidered their previous recommendation, and the Committee is now recommending that instead of having a 70 foot median opening, there be a 90 foot median opening and that the double yellow stripe be re- moved which would permit vehicles to cross at any point within the 90 feet median opening. Councilwoman Wilbanks commented that Highway 146 has so many entrances and exits that it seems more cuts in the medians to left would confuse the traffic patterns even more. She explained that safety is her main concern and that this might be creating an opportunity for traffic to stack up which would block the left turn lane. In response to a question from Mayor Gentry, Councilman Cannon explained that the original request was that the south median be moved 30 feet but the Administration felt that this would make the median too wide; therefore, the Administration recommended that the north median be moved down 20 feet which would make a net result of 10 feet wider. Since the Traffic Committee felt there would be no greater safety problem at this median than at other median crossings on Highway 146; the Committee approved the Administration's recommendation which was recommended to the City Council and the Council approved it. After opposition was raised, the request went back to the Council's Traffic Committee and was discussed at length there. At which time, the Committee recommended the 90 foot opening. 80223 -21 Minutes of the Regular Meeting - February 23, 1978 Mayor Gentry commented that the question would be, is a 60 foot median opening or a 90 foot median opening a safer traffic pattern. Councilman Hutto moved that Council reconsider the previous action which allowed a 30 foot cut with an addition of 20 feet on the north side, and leave the median cross over as it is; Councilman Kloesel seconded the motion. Mayor Gentry asked if there were any further questions or opinions on the motion; there were none. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutton Mayor Gentry Nays: Council members Kimmons and Cannon Consider Appointments to the Library Board This item will be discussed in the executive session. Consider Appointments of City Health Officer This item will be discussed in the executive session. Consider Appointments to the Urban Rehabilitation Standards Board This item will be discussed in the executive session. Ordinance - Finding that an Emergency Situation Exists, and Amending Ordinance No. 2396, Calling the Municipal Election for Saturday, April 1, 1978, to Include the Election of a Mayor from the City at Large to Fill an Expired Term The Administration recommended approval of the ordinance, amending Ordinance No. 2396, calling the municipal election for Saturday, April 1, 1978, to include the election of a Mayor from the City at large to fill an expired term. Councilman Kimmons moved for adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2424 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FINDING THAT AN EMERGENCY SITUATION EXISTS; AMENDING ORDINANCE NO. 2396 TO INCLUDE THE POSITION OF MAYOR FROM THE CITY AT LARGE; ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 1ST DAY OF APRIL, 1978, FOR THE PURPOSE OF ELECTING THREE(3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NUMBERS ONE(l), FOUR(4), AND FIVE (5), AND THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; PROVIDING FOR A CANVASSING BOARD FOR ABSENTEE BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. 80223 -22 Minutes of the Regular Meeting - February 23, 1978 Consider Election of a Mayor Pro Tempore on an Emergency Basis Mr. Lanham explained that in research of the minutes, the Administration found that Council has not voted on a mayor pro'tempore since 1974. Mayor Gentry explained that there needs to be an official Mayor Por Tempore in case of a runoff for mayor in the upcoming election. Councilman Cannon moved to appoint Councilman Jody Lander as the Mayor Pro Tempore; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Abstained: Councilman Jody Lander Mayor Gentry recognized Scott Lincoln from the audience, who is a real estate manager with Wendy's International. Mr. Lincoln inquired as to what action had been taken. Eileen Hall, City Clerk, explained what action had been taken. In response to a question from Mr. Lincoln, Councilman Cannon reviewed what had happened previously on the median cut as he had in the discussion on the previous item. Councilman Cannon explained that this item was brought up at the last Council meeting and since it was not on the agenda, no formal action could be taken. Mr. Lincoln commented that he had read the minutes of the February 9, 1978, Council meeting. He explained that he does not agree with Council that it would be safer for people to go to the left turn lane and make a U -turn and then travel back to the new food establishment which is located near the median. Mayor Gentry commented that everyone has their own view, but that experiences proved where there is a protected left turn, it is a safer way to turn a car around rather than with no protection. Mr. Lincoln commented that Council is talking about making a 1800 U -turn opposed to a 900 turn. Mayor Gentry commented that the difference is that the 1800 turn is protected by a light and the 900 turn is not protected. Mr. Lincoln inquired if his company would have an opportunity for further rebuttal and if his firm could introduce expert testimony at a later date. Mayor Gentry explained that in his opinion, any ordinance or decision that is made at the Council's table is always subject to review at a later date. Mayor Gentry explained that anytime Wendy's International would like to come to Council with expert testimony or to make appeal, they should feel free to request that the item be placed on the agenda for further discussion or consideration of this matter. Clark Ammons, Western Director of Real Estate for Wendy's International, commented that he was the one involved in purchasing this location and inquired as to how the situation was turned around so that Wendy's International is now being denied the original request. 0 80223 -23 Minutes of the Regular Meeting - February 23, 1978 Mr. Ammons went on to point out that he was not aware that discussion was open to the public when Mayor Gentry asked if there was any discussion before the vote was taken. Mr. Ammons inquired as to why there was such abrupt turnaround in the decision. Mayor Gentry explained that he cannot answer for the entire Council, but could only answer for himself. He explained that when the recommendation came from the Council's Traffic Committee, he was personally negligent in not looking into that recommendation as thoroughly as he should have. He admitted that Council receives numerous recommendations from the staff on many different matters and he did not investigate the situation as thoroughly as he should have, and that the staff recommended that Council move the median 30 feet south and 20 feet north, he understood that this was not Wendy's request. Mayor Gentry pointed out that he had not been out to the site prior to the action by Council; therefore, he did not know it was cutting off or adding to anybody's access ability. He explained that he, along with the other 6 members of the City Council, based on the recommendation of the staff through the Traffic Committee, had voted favorably on the item thinking he was doing the proper thing for the citizens of Baytown. Then there were some questions that came up about accessibility to another property owner by moving the median south, and then he explained he had an opportunity, because of that question to do what he should have been done in the beginning, to go to the site and look at exactly how that median cut is lined up and how it would be lined up if it were moved. Mayor Gentry explained that he made a determination after going out on the site and watching the traffic, that it would not be in the best interest of the citizens of Baytown who will be the people doing the traveling on that street to widen the median to 90 feet. Mayor Gentry once again commented that according to the traffic flow and in his personal opinion, the median cut as it is now is safe as the City can get it with any kind of median cut in that area. Mayor Gentry explained that he did not know that re- presentatives of Wendy's International were present and had anything to comment on. He explained that he had observed the gentlemen sitting in the audience, but that there had been several items on the agenda with no way to know who was present to speak on what. Homer Martin, Manager of McDonald's in Baytown, Texas, was recognized and stated that he was unaware of the first decision of the Traffic Committee and Council to widen the median until a customer informed him of the proceedings, but he was certain that everyone could understand his portion in the matter when a decision is made that will seriously affect your business. Mr. Martin stated that he applauded Council's decision, but resented the comments made by the representatives from Wendy's International. Committee Reports None Unfinished Business None 80223 -24 Minutes of the Regular Meeting - February 23, 1978 Recess into Executive Session to Discuss Personnel and Land Acquisition When the open meeting reconvened, the following business was transacted: Consider Appointments to the Library Board Mr. Lanham explained that he would like to reappoint Carol Bartz, Marilyn Sandhop and appoint V. G. (Vic) Glass, Jr. to the Library Board and requested approval from Council for those appointments. Councilman Kloesel moved for the approval of the appointments to the Library Board; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None eensider Appointment of City Health Officer Mr. Lanham explained that Dr. C. A. Riser is the City Health Officer and is doing a very good job. This appointment needs to be made by the City Council. Councilman Hutto moved to reappoint Dr. C. A. Riser as the City Health Officer for the City of Baytown; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Consider Appointments to the Urban Rehabilitation Standards Board Councilman Kimmons moved to reappoint Libby Weisinger, John Sylvester and appoint T. L. (Doc) Satterwhite to the Urban Reha- bilitation Standards Board; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Adjourn With no further business to be transacted, Councilman Lander moved for adjournment; Councilman Hutto seconded the motion. The vote for adjournment was unanimous. __[�O QMD ' n .-J Karen Petru, Deputy City Clerk APPROVED: Eileen P. Hall, ity Clerk