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1981 09 10 CC Minutes10910 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 10, 1981 The City Council of the City of Baytown, Texas, met in regular session on Thursday, September 10, 1981, at 5:30 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Fred T. Philips Jimmy Johnson Perry M. Simmons Mary E.'Wilbanks Roy L. Fuller Allen Cannon Emmett 0. Hutto Fritz Lanham Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk The meeting was called to order with a quorum present and the invocation was offered, afterwhich the following business was transacted: Minutes Councilman Fuller mentioned that the minutes refer to the representatives from the library board, Vic Glass and David Kadjar, but Pat Richardson and David Kadjar had represented the library board. Councilman Philips stated that Mrs. Richardson had substituted for Mr. Glass because he was out of town at the time. Councilman Philips moved that the minutes for the meetings held August 27 and September 1, 1981 be approved as submitted; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Receive Petitions None. City Manager's_ Report Mosquito Control - The city has begun to spray the entire city each week due to the heavy infestation of mosquitoes. Generally, the schedule for mosquito spraying is to spray the entire city every two weeks. West Baytown area - Council received a petition from residents of the West Baytown area regarding concerns about their neighborhood. The police department has been moni- toring this area, in fact they have worked there the past two weekends. The streets in that area are very narrow. 10910 -2 Minutes of the Regular Meeting - September 10, 1981 Vehicles are being parked on both sides of these narrow streets which forces one -way travel. In some cases, it is questionable whether fire trucks could travel the street to provide fire protection. Many of the residences have no driveways which necessitates street parking. Councilman Philips suggested that perhaps the solution would be one side of the street parking. Mr. Lanham responded that another possibility could be establishing one -way streets in the area. Mr. Lanham also mentioned that there is a great deal of alley parking. This makes the alleys difficult for the police department to patrol because there is no way to determine where the alleys end and private property begins. The Administration has no solution to this problem. Perhaps the maps which are being provided to officers will help. In response to an inquiry from Council, Mr. Lanham stated that he felt that the vehicles being parked on the street are being utilized since abandoned vehicles are removed. Members of the DeZavala Neighborhood Council have met with the Clean City Commission regarding litter in the area. The police department found very few violations regarding city parks. In fact, after 10:00 p.m., there are very few people in that area and it is the feeling of the Administration at this time, that a curfew is not necessary. The police department will continue to monitor the situation. The police department has established contact with Mr. Martinez, the person who presented the petition, and asked for the opportunity to meet with him and other members of the neighborhood group to obtain more specific information. The Administration will report to Council from time to time on progress being made. Councilman Johnson pointed out that the neighborhood could resolve some of its own problems. Mr. Lanham explained that several years ago the Administration had recommended that alley pickup of garbage be discontinuted and due to the protests, that idea was abandoned. However, it has been established that people usually take better care of their garbage if it is placed in front of the residence, rather than in back. Mayor Hutto suggested that that possibility be suggested to Mr. Martinez. The alleys are narrow and if there are any obstructions, garbage pickup in alleys at best is difficult. Councilman Philips suggested that the Administration develop a list of positive alternatives to the problems in that area such as the elimination of alley pickup and the establishment of one -way streets. Councilman Simmons stated that a number of the residents of that area feel that it is a matter of enforcement and if the ordinance which refers to garbage were to be enforced, then the residents of that area would properly handle the garbage. 10910 -1 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 10, 1981 The City Council of the City of Baytown, Texas, met in special session on Thursday, September 10, 1981, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following members in attendance: Fred T. Philips Jimmy Johnson Perry M. Simmons Mary E. Wilbanks Roy L. Fuller Allen Cannon Emmett 0. Hutto Fritz Lanham Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk The meeting was called to order by Mayor Hutto and the following business was transacted. Hold Public Hearing on Proposed Tax Rate Mayor Hutto opened the public hearing concerning the proposed tax rate for 1981. All persons desiring to speak were asked to sign the register provided in the hallway since that would be the speaking order. Mayor Hutto explained that in actuality the proposed rate is a reduction in the tax rate of $ .04. Any increase in taxes that any individual would pay in 1981 is a result of an increase in evaluation and not because of the tax rate. The Mayor informed those present that anyone desiring to give information would be given the opportunity to do so. He encouraged each speaker to be brief and reminded those present that the proceedings were not of an adversary nature, but a means to give all those who desired, the opportunity to be heard. He also advised that all questions were to be directed to the Mayor and with the aid of the staff, those questions would be answered. J. F. Donnelly, 2306 Florida, appeared to address the relationship of evaluation to the tax rate. He stated with the re- evaluation of his property, the tax rate will be too high. Mr. Donnelly stated that he had received an increase in 1979 and then in 1980, he received a 38% increase and in 1981, he received another 53% increase which equals 1130 increase from 1979 to 1981. Even with the new tax rate, his taxes will be increased tremendously. In response to an inquiry from Mayor Hutto, Mr. Donnelly stated that he had not appeared before the Board of Equaliza- tion because he felt that the Board could not provide any relief. Councilman Cannon stated that he was in the same situ- ation as Mr. Donnelly and inquired if the valuation was above the value of the property? Mr. Donnelly responded that he had no way to make that determination. 10910 -2 Minutes of the Special Meeting - September 10, 1981 Mayor Hutto indicated that Mr. Donnelly was the only person who had signed the register to speak and inquired if there were any other persons present who desired to speak? Since there were no persons present who indicated a desire to speak, Mayor Hutto stated that the Council would vote again on the proposed $ .60 tax rate, which vote is necessary for the notice that must be published. He emphasized, however, that this would not be the official vote setting the tax rate. Council will set the tax rate at the City Council meeting that will be held September 17, 1981 beginning at 6:30 p.m. in the Council Chamber of the Baytown City Hall. Mayor Hutto requested the vote of the Council concerning the proposed $ .60 tax rate. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks and Fuller Mayor Hutto Nays: Councilman Simmons Abstained: Councilman Cannon Councilman Cannon indicated that his reason for abstention was the fact that he was unable to participate in the budget sessions. Councilman Cannon stated that he had some time to look at some figures and that he would like for Council to consider, between now and the time that the tax rate is established, elimination of garbage pickup service charge. Councilman Cannon explained that a senior citizen with a home valued at $50,000 or under pays no taxes with the exemption. If that person claims the one -half savings on garbage pickup, with the garbage pickup service charge completely eliminated, there would be a savings of $36 per year. If the senior citizen, pays full garbage rate, the savings would be $72 per year. An individual with a $50,000 home and in the 30% income tax bracket would save $51 per year; a person in the 40% bracket would save $54 per year. This is a means to save people money. This would shift the burden to industry through the tax rate. If $ .01 is added to the tax rate that will raise approximately $188,000. The $6.00 garbage and sewer rate will raise $1,029,000 which represents approximately $ .06 on the tax rate, but the $6.00 per month will be eliminated. Mayor Hutto stated that Council would have the opportunity to consider this suggestion and stated that Councilman Cannon might even want to discuss this concept further at the work session preceding the special meeting. There being no further business to be transacted, Mayor Hutto declared the public hearing to be closed and the meeting was adjourned to work session. , e� ) 1 0- " �'/' Eileen P. Hall, City Clerk 10910 -3 Minutes of the Regular Meeting - September 10, 1981 Drainage - The Goose Creek Drive Project is 80% com- plete and the project at the corner of Park and Airhart is approximately 75o complete. Harris County Flood Control District - The flood control district has improved the drainage ditch east of Danubina. Street Improvement - One drainage crew has been taken off drainage work to work on concrete streets in the city where concrete has buckled. 1981 Street Improvement Program - The contractor has completed curb and gutter on Kansas, but base work and asphalt work remains to be completed. Work has been completed on Massey Street. This work was completed prior to begin- ning of the school term. The sidewalk to Crockett Elementary School has been completed and is in use. Water and Sewer Line Extensions for Garth Road - Several Council meetings ago, Council authorized water and sewer line extensions for Garth Road. Several property owners had agreed to participate in the costs and the city was going to pay a portion of the costs. The contract-was awarded subject to the city's receipt of property owner's share of funding. Thus far, the city has not received all the necessary money and the time is approaching when the contractor will say that he is unable to perform. Therefore, there is the possibility that that project will not become a reality. Unfortunately, at the time the request was made letters of intent were not signed, but for future purposes, the practice should be instituted. Busch, Hutchison & Associates are the engineers on the proposed project and are working with the owners to encourage that the project be initiated by payment of required funds to the city. Raccoon Drive Water and Sanitary Sewer Lines - The contractor has laid 1600 feet of 12 inch water line; the bridge crossing is being fabricated on the job site and work on the sanitary sewer portion has begun. East James Water Well - Emergency bids were taken and contract awarded for repair of East James water well. That work has been accomplished and the well is in service. East District - The lift station for the East District will be placed in service on Monday. This will enable three small lift stations to be closed within the next few weeks. Questions and Comments Regarding City Manager's Report In response to an inquiry from Council, Mr. Lanham stated that there have been 45 applicants for the position of assistant city manager. To date, 6 or 7 applicants have been interviewed and other interviews have been scheduled. Councilman Johnson requested that the Administration consider the section on Narcille between Ward Road and Sheridan for one side of the street parking. Councilman Cannon requested that the Administration check the culverts being installed at the shopping center at Spur 201 and Highway 146 to assure proper drainage and that the ditches on the north end of Nolan down to the spur be reshaped. He mentioned that the railroad had cleaned its ditches along the right of way at Mabry and Spur 201. 10910 -4 Minutes of the Regular Meeting - September 10, 1981 The contractor has installed storm sewer. A portion of said storm sewer has collapsed and will act as a dam in the event of rain. Therefore, Councilman Cannon requested that the Administration check into that situation. In response to an inquiry from Councilman Cannon, Norman Dykes, Director of Public Works /City Engineer, stated that the Administration had spoken to the State regarding the possibility of allowing the railroad bar ditch to drain into the storm culvert that the state has installed, but no permission has been granted at this time. Mr. Lanham explained, in response to an inquiry from Council, that water samples have been taken by the state and it will be two months before the test results will be available. However, there have been some changes made in the method of chlorination, but until the test results have been received, the staff will not know if those changes were effective. The Administration has received calls, along with members of Council, concerning the fact that children are having to walk down Baker Road to cross-over to Pumphrey Elementary School. The county has no plans to replace the sidewalk. Mr. Lanham has asked the engineering department to develop an estimate on the cost of putting a sidewalk in down Baker to the entrance of Quail Hollow. The previous walkway was in the area that will be the median. Consider Proposed Resolution No. 785, Establishing Appraisal District for Baytown Council has met with representatives of the school board and college district where this subject has been discussed. Since Baytown is in both Chambers and Harris Counties, Baytown has the option of participating in either Chambers or Harris County or Baytown may elect to participate in both. Baytown has only three parcels of land in Chambers County which are strictly industrial. With the new industrial district policy, the payment that industry will make is determined by a value that is established by the city's appraiser. The twenty (20`"0) percent of industry inside the city limits will represent only a small amount of the total payment; therefore, the Administration recommended that the resolution be adopted. Councilwoman Wilbanks moved for adoption of Proposed Resolution No. 785; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None RESOLUTION NO. 785 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN WHEREBY BAYTOWN ELECTS TO PARTICIPATE IN THE HARRIS COUNTY APPRAISAL DISTRICT AS OF JANUARY 1, 1982, IN ACCORDANCE WITH THE TEXAS PROPERTY TAX CODE. 10910 -5 Minutes of the Regular Meeting - September 10, 1981 Consider Proposed Resolution No. 786, Postponing Appraisal of Property by Harris County Appraisal District for all Taxing Units Until 1984 and Providing for a Phase -in of Appraisal Functions The special session of the Texas Legislature authorized a phase -in of appraisal functions by Harris County Appraisal District. Provided, however, that said approach is approved by governing bodies of two - thirds of the taxing entities that are authorized to vote on board members. Water districts and college districts have no vote. The appraisal district board, and as far as the Administration can determine, all the taxing units served by the district support this change in the Tax Code. The phase -in approach provides that the district, in its first year of operation, 1982, will appraise all City of Houston and Houston Independent School District property; the second year, in addition to those two entities, the district will appraise property located in territory of any other school district contiguous to HISD; and the third year, the year in which Baytown would be appraised, the district would appraise all taxing units within the county. Therefore, if the phase -in approach is finally approved, the City of Baytown's appraisal responsibilites would be assumed by the district in 1984. Realistically, there is no way that Harris County Appraisal District can assume appraisal responsibilities for all taxing units in Harris County on January 1, 1982. In response to an inquiry from Council, Mr. Lanham stated that he felt certain that the district felt that this schedule could be met. Because the City of Houston and Houston Independent School District values are fairly current due to recent massive reappraisals, the district may feel that those values can be utilized. The Administration recommended approval of the resolution. Councilman Philips moved for adoption of the resolution; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None RESOLUTION NO. 786 A RESOLUTION POSTPONING APPRAISAL OF PROPERTY BY THE HARRIS COUNTY APPRAISAL DISTRICT FOR ALL TAXING UNITS UNTIL 1984 AND PROVIDING FOR A PHASE -IN OF APPRAISAL FUNCTIONS BY SUCH DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Resolution No. 787, Providing for Change in Method of Selecting Members of the Board of Directors of Harris County Appraisal District Approximately two years ago when the appraisal district was first formed, the various entities that formed the district got together and envoked the three - fourths rule of the Property Tax Code to alter the makeup of the board to a nine - member board. The method of election was also changed. The City of Houston objected to the manner in which the board was structured, claiming that the plan diluted Houston's voting strength and filed a lawsuit against Anita Rodeheaver, the county clerk, along with approximately 150 school districts 10910 -6 Minutes of the Regular Meeting - September 10, 1981 and cities within Harris County. Said entities approved that plan, including Baytown. That case has been appealed and sent back to the lower court to be retried. Since that time, the Legislature effected amendments to the Tax Code to change the manner in which the board's makeup can be altered. Under the current laws, what was done two years ago would not be practicable. In order to settle the lawsuit and come to some equitable arrangement to all parties involved, J. J. Meza, President of Harris County Mayors and Councilmens Association has worked up a settlement to that lawsuit. Mr. Meza has submitted the wording for a resolution which all the cities are being requested to support without change. If the resolution is adopted, the City of Baytown will be approving the method of selection of the board. The board will be a five member board selected ' as follows: City of Houston -one member, Houston Independent School District -one member, Harris County -one member, all cities other than Houston -one member and all school districts other than Houston Independent School District -one member'. Councilman Simmons moved for adoption of the resolution; Councilman Johnson seconded the motion. In response to an inquiry from Council, Randy Strong, City Attorney, stated that terms would be for two years and that the terms would not be staggered. Councilman Philips stated that to have the entire board change at one time seemed to be unusual. The vote follows: Ayes: Council members Johnson, Simmons and Cannon Mayor Hutto Nays: Council members Philips and Fuller Abstained: Councilwoman Wilbanks RESOLUTION NO. 787 A RESOLUTION PROVIDING FOR A CHANGE IN THE METHOD OF SELECTING THE MEMBERS OF THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Consider Authorizing Engineering Study for Construction of Little League Park for North League One of the projects in the recent bond election was the construction of a new North Little League field. It is hoped that this field can be constructed on Sterling Muncipal High School property and the Administration is in process of working on a possible contract in this regard. The Little League has been notified that the league must move from the property it now occupies on Baker Road. The Administration feels that some of the engineering work can be performed before a definite arrangement has been established for the site. The Administration recommended that Council select an engineering firm to proceed with the work that can be accomplished before definite site selection and then after the site selection is secured, the engineers can move ahead with the remainder of the work. There is a need to get this project moving in order to have the field available for little league season. 10910 -7 Minutes of the Regular Meeting - September 10, 1981 Councilman Philips commented that this is the type project that brings to mind work of an architectural nature. He felt the construction should look pleasing, as well as practical. Mr. Lanham acknowledged that most of the work is that of an engineering type, but some of the work is that that is normally performed by architectural firms. Busch, Hutchison has performed this type work in the past. Mayor Hutto pointed out that Busch, Hutchison has an architect on their staff. In response to inquiry from Council, Mr. Lanham explained that the estimated cost of this project is $260,000 which has been included as part of the first proposed bond sale. With regard to funds for the preliminary engineering study, there is $100,000 in funds remaining in the 1975 bond program. These funds are earmarked for parks on Newcastle and Barkuloo Road. However,.the funds could be utilized and when the first sale is completed for the 1981 Bond Program, the 1975 Bond Program can be replenished. Busch, Hutchison have also agreed to perform the work with the understanding that they will be paid later when the city receives monies from the first bond sale. Councilman Fuller moved to authorize Busch, Hutchison & Associates, Inc. to perform the engineering work for con- struction of Little League Park for North League. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Wilbanks, Fuller Mayor Hutto Nays: None Philips, Johnson, Simmons, and Cannon Consider Authorizing Engineering Study on Rollingbrook Drive Extension Council has discussed the matter of authorizing the engineering study for Rollingbrook Drive Extension at other meetings and requested of the Administration that Busch, Hutchison be contacted in this regard. Busch, Hutchison has submitted a letter indicating the sequence and schedule for the engineering services connected with the Rollingbrook Drive Extension Project. In response to an inquiry from Council, Norman Dykes stated that the extension would extend approximately one mile. There is a bridge included in this project which will be a major part of the project. After the preliminary work is completed, the engineers will give the Administration field notes of the proposed project and then it will be necessary to acquire rights of way. Council expressed the feeling that the engineers should apply for the necessary permit from the Corps of Engineers prior to completion of preliminary plans based on an approximate location. Mr. Lanham stated that the Administration could cer- tainly encourage the engineers to get that part of the study completed as quickly as possible. 10910 -8 Minutes of the Regular Meeting - September 10, 1981 Councilman Philips moved to authorize Busch, Hutchison & Associates, Inc. to perform the engineering work for the Rollingbrook Drive Extension based on the information provided in the letter from Mr. Busch and in accordance with the existing contract with Busch, Hutchison for engineering services. Councilman Simmons seconded the motion. Mr. Lanham explained that there is approximately $600,000 remaining in 1975 Bond funds that can be utilized. Those funds are remaining from the Park Street Project which project had been scaled down to eliminate construction of a bridge. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Consider Plans and Specifications for Carver Street Water and Sanitary Sewer, Street and Drainage Improvements Under 1980 -81 Community Development Program and Authorization to Advertise for Bids Norman Dykes, Director of Public Works /City Engineer, was present to discuss plans and specifications for Carver Street Water and Sanitary Sewer, Street and Drainage Improve- ments under 1980 -81 Community Development Program. The Community Development Board has approved the plans. What is being proposed is 950 feet of 39 foot street composed of 7 inch thick concrete pavement. There will be 6 inches of lime stabilized subgrade. Along with the construction of the street, the plans are to replace the existing water line and sanitary sewer line so that there will be all new facilities in and around the street. Part of the project consists of storm drainage and necessary inlets. The estimated cost is $175,000. The contract is to be completed within 120 working days. The Administration requested authorization to advertise for bids. Mr. Lanham mentioned that most of the other streets in Oak Addition have curb and gutter. The streets in that area were constructed in the mid- 1960's. This project will connect Carver Drive to the other curb and gutter streets in Oak Addition. The Administration has been in contact with the school district and the project is being planned to provide access to a parking area for school personnel at all times. When the street is excavated in front of the school, the plan is for buses to release children on the side of Lee Drive adjacent to the school. Councilman Fuller moved to approve the plans and specifi- cations and authorize the Administration to advertise for bids; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None 10910 -9 Minutes of the Regular Meeting - September 10, 1981 Consider Plans and Specifications for Water Line on Interstate 10 North Feeder Road to Service Reading Buick and Authorization to Advertise for Bids Several months ago, Council approved a request from Reading Buick for city water service. The plans are to construct a building north of Interstate 10 and west of Thompson Road. The owner has requested an 8 -inch line to service his property, but there is another land owner in the area who has plans for developing another tract. That owner has agreed to pay the difference in cost for installing a 12 -inch line versus an 8 -inch line... The Administration felt the 12 -inch line would be the best alternative because ultimately that line will go several hundred feet further west. For the present, 700 feet of water line will be constructed. The Administration requested authorization to advertise for bids for 700 feet of 8 -inch water line, with an alternate for a 12 -inch line. The Administration also felt it would be wise to be certain that there is money on deposit or letters of commitment to ensure that the city will receive the required funds. In response to an.inquiry from Council, Mr. Lanham stated that the Administration felt the 12 -inch line would be adequate. He pointed out that these are areas that Council may want to consider annexing. Mr. Lanham stated that he would confer with the City Attorney to have some sort of agreement drafted to assure delivery of funds to the city. It is unfair to contractors to expend the time and efforts required to submit a bid, and then, to have the owners renege. In response to an inquiry from Council regarding the possibility of a 16 -inch line, the Director of Public Works /City Engineer, Norman Dykes, explained that the proposed line will connect to a 36 -inch line at Thompson Road which means that the line will be coming to a high pressure, large volume point. The individual who will be paying for the oversized line has had an engineering firm perform a study to determine the size necessary for the proposed development of that tract. Those engineers have proposed a 12 -inch line to be served from the 36 -inch line as being sufficient. There is approximately 200 acres of land in between the two tracts, but by the time that area is developed, the 12 -inch line will probably be looped in some direction back to another line and ultimately it will all fit together. Mr. Lanham pointed out that there is a limit to how far north the city can serve property because of a water district out in that area. Councilman Philips pointed out that the twelve inch line will take ten (10%) percent of the water capacity of the header feeding it. Councilman Cannon moved to approve plans and specifi- cations for water line on Interstate 10 North Feeder Road to service Reading Buick and authorization to advertise for bids on 700 feet of 8 -inch line, with alternate bids for a 12 -inch line. Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: Councilman Johnson 10910 -10 Minutes of the Regular Meeting - September 10, 1981 Consider Proposed Ordinance Prohibiting Parking in Designated Curb Zones and Repealing Definition of Handicapped Zones and Consider Proposed Ordinance, Amending the Building Code by Amending Requirements for Handicapped Parking Randy Strong, City Attorney, explained that in the last session of the Legislature, Senate Bill No. 14 was adopted which bill added to the prior statute concerning handicapped parking, permits, etc. The legislature adopted a statute which is very close to what the City Council adopted last November. The definition of disabled person has been changed. A provision was set up to provide for identification cards and temporary stickers. The statute provides that before a handicapped parking space or area can be enforced there must be placed a non - movable sign which is at least 5 feet in height containing a profile view of a wheelchair with occupant in a blue background and notice of penalty must be shown on the sign. These are some of the things that City Council was concerned with when Baytown's handicapped ordinance was adopted. The new state statue also includes a minimum penalty of $50.00 for parking in a designated handicapped parking space without the proper stickers. The state requirements are somewhat different from the city's ordinance and in fact, since it contains a higher penalty, there is a stronger provision. In order to avoid the problem of having both city and state requirements which are not exactly the same, in Proposed Ordinance No. 10910 -1, the definition of handicapped zone has been changed to coincide with the definition provided by the state. The city's handicapped provisions had added to Section 18 -52 of the City of Baytown Code of Ordinances restrictions concerning handicapped zones. The proposed ordinance repeals those provisions and brings the section close to what it was originally. Therefore, there is no real significant change over what the city previously had concerning handicapped parking, other than the minimum charge has been increased from $25 to $50. All the signs within the City of Baytown comply with the state provisions with the exception the penalty provision will need to be added. The Administration recommended approval of the two ordinances. Councilman Johnson clarified that the City would be dropping its provisions and replacing those with provisions of state law. The City Attorney concurred. Mr. Lanham pointed out that this would make the job of the officer easier with one set of requirements to deal with. Mr. Strong responded to a question from Council regarding whether the city could require something in addition to what the state provided with regard to private property designation of handicapped parking. He stated that the statute was a two -part statute and the second part flatly states that a political subdivision may not require a private property owner or a person who controls property used for parking to designate a parking space for the exclusive use of vehicles transporting temporarily or permanently disabled persons. However, if private enterprise voluntarily designates handicapped parking areas, then the areas so designated must meet the requirements set forth by the state. If private enterprise voluntarily establishes the signs, the city can require the signs to meet state restrictions and can enforce parking at the signs. 10910 -11 Minutes of the Regular Meeting — September 10, 1981 The State of Texas Purchasing Department, Architectural Barriers Division, does have requirements for certain groups of public buildings that must provide access for the handicapped. As part of their regulations, there is a thick book which regulates doorways, bathrooms, etc. There is a schedule for how many handicapped parking spaces must be provided. Those regulations must still be complied with. Councilman Johnson moved to adopt the ordinance, pro- hibiting parking in designated curb zones and repealing definition of handicapped zones; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE DEFINITION OF HANDICAPPED ZONES: PRO- HIBITING PARKING IN DESIGNATED CURB ZONES; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilman Johnson moved for adoption of the ordinance, amending the Building Code by amending requirements for handicapped parking; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, AMENDING CHAPTER 7, "BUILDING ", SECTION 7 -4.1, BUILDING CODE -- AMENDMENTS, BY AMENDING REQUIREMENTS FOR HANDICAPPED PARKING; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance Authorizing Sale of City Property to Pacer Development Corporation Pacer Development Corporation is the owner of the building formerly occupied by Sears. Recently, a survey was made in connection with closing a loan on the building. That survey indicated minor encroachments on city property on three sides of the building. The total footage involved is just over 26.161 square feet. These encroachments do not interfere in any manner in the public use of the sidewalks. Based on an appraisal by the City's Tax Department, the estimated market value of these encroachments is $70. However, there is a policy which requires the city must be paid at least $100 for transfer of property of this type. The Administration recommended approval of the sale. y 10910 -12 Minutes of the Regular Meeting - September 10, 1981 In response to an inquiry from Council, Mr. Lanham stated that the survey had been performed by Busch, Hutchison and he pointed to a copy of said survey which contained the engineer's seal. Dan Sharp, President of Pacer Development Corporation, was present and stated that the company's problem with the situation is that those encroachments show as exception on the title policy which are objectionable to lenders. Therefore, it is incumbent on the company to have those exceptions remedied. Councilman Philips moved to adopt the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3221 AN ORDINANCE DISCONTINUING, ABANDONING FOR PUBLIC USE, AND CLOSING A PORTION OF A PUBLIC RIGHT -OF -WAY IN THE HARVEY WHITING SURVEY IN THE CITY OF BAYTOWN; AUTHORIZING QUITCLAIMING ALL INTEREST OF THE CITY OF BAYTOWN AND THE PUBLIC IN AND TO SUCH PUBLIC RIGHT -OF -WAY; AND DIRECTING THAT THE COUNTY CLERK OF HARRIS COUNTY, TEXAS, SO INDICATE ON THE RECORDED PLAT OF SAID SUBDIVISION. Consent Agenda Council considered the consent agenda as set forth in the agenda packet as follows: a. A rehabilitation contract was awarded in June for the house located at 2105 West Humble. The contract was for $8,500 and was awarded to Ed Shook Builder, Inc. During the course of the construction, we have found that additional foundation work will be necessary. The additional work will cost $1,200 and we recommend appproval of a change order for that amount. We recommend approval of Proposed Ordinance No. 10910 -4. b. Three bids were received for rehabilitation of the house at 1521 West Humble. The contract will include repairs to the bathroom, installation of bathroom, new windows, attic ventilation, repair of the front porch, installation of new front and back doors, painting the interior, installation of new electrical service, repair of walls and ceilings, repair of the kitchen floor, installation of attic insulation, and smoke alarms. The low bidder, Prosper Brothers, asked to withdraw their bid after being low on another project. Therefore, the Community Development Committee has recommended that the contract be awarded to the second low bidder, Mark Plummer, for $7,000. We recommend approval of Proposed Ordinance No. 10910 -5. 10910 -13 Minutes of the Regular Meeting - September 10, 1981 C. Three bids were received for a housing rehabili- tation project at 410 Coburn. The contract will include the installation of a new roof, front porch repairs, repair of windows, installation of siding on the back portion of the house, installation of new back and front doors, painting, sewer line repair, walls and ceiling repairs, faulty electrical service repairs, and repair of interior plumbing. The Community Development Advisory Committee recommends that the contract be awarded to the low bidder, Prosper Brothers for $7,000. We recommend approval of Proposed Ordinance No. 10910 -6. Councilman Johnson moved for approval of Consent Agenda Item Nos. a through c; Councilman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3222 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT WITH ED SHOOK, INC., FOR THE REHABILITATION OF 2105 WEST HUMBLE, IN THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. ORDINANCE NO. 3223 AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVELOP- MENT REHABILITATION PROJECT NO. 80 -01 -09 TO MARK PLUMMER FOR THE SUM OF SEVEN THOUSAND AND N01100 ($7,000.00) DOLLARS. ORDINANCE NO. 3224 AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVELOP- MENT REHABILITATION PROJECT NO. 81 -04 -01 TO PROSPER BROTHERS CONSTRUCTION FOR THE SUM OF SEVEN THOUSAND AND N01100 ($7,000.00) DOLLARS. For tabulation, See Attachment "A." Consider Appointment to Auto Wrecker Committee Council will consider this appointment at the next regular meeting. Consider Appointment to Clean City Commission Councilwoman Wilbanks moved to reappoint Robert Lockett, Gwen Altwein, Richard Hare and Joy Ralls to the Clean City Commission; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None 10910 -14 Minutes of the Regular Meeting - September 10, 1981 Consider Appointment to Planning Commission Council will consider this appointment at the next regular Council meeting. Adjournment There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk a a� E U cd CITY OF BAYTOWN TITLES Rehabilitation Housing Proiects BID TA BULATI QN BID pgTE: September 3 , 1981 ' TEM QTY DESCRIPTION Pros er Brothers Mark Plummer C.hi.S. Ed Shook UNIT EXTENDED UNIT EXTENDED UNIT X ND UNI N UNIT EX NDEO 1 Rehabilitation Housing Project 80 -01 -09 1521 Nest Humble $6,810.00 $7,000.00 $7,834.00 No Bid i 2 Rehabilitation Housing Project 81 -04 -01 ' 410 Coburn $7,000.00 $9,564.00 No Bid $10,000.00 i t f i GROSS TOTAL LESS DISC. "�' T TOTA L �FLIVERY — — - - -- -- --- --� E —.._ . _ . - --- ._ __ - - --