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1969 05 22 CC Minutes4654 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS May 22, 1969 The City Council of the City of Baytown, Harris County, Texas, met in regular session on Thursday, May 22, 1969 at 6 :30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: David W. Evans Councilman Ted Kloesel Councilman Don M. Hullum Councilman Leonard Stasney Councilman Allen Cannon Councilman Lamar Kelley Councilman C. Glen Walker Mayor J. B. LeFevre Acting City Manager W. R. Laughlin City Attorney Edna Oliver City Clerk The meeting was called to order by Mayor Walker, the Invocation was offered, afterwich, he called for the minutes of the regular meetings of April 24th and May 7th and the special minutes of April 23rd and May 13th. Councilman Evans .moved to approve the minutes as submitted in written form. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilman Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Bids - Tires and Tubes Three bids were received on the advertisement for furnishing new tires and tubes plus recapping and road service for a six month period. They are tabulated as follows: Fullers Total Bid $4,713.85 Disc. NSP 26% Recapping 50% Goodyear Total Bid $5,098.10 Disc. NSP 10 & 10% Recapping 50 & 2% City Tire Total Bid $4,872.98 Disc. NSP -0- Recapping 40% Mr. LeFevre reported that City Tire did not meet the specifications and Fuller's is the low bidder df the two that meet specifications. He recommended its acceptance. Councilman Stasney moved to award the contract to Fuller's, the low bidder. Council- man Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Petition - Residents of Craigmont and Ponderosa Subdivisions Mr. LeFevre read a petition which had been submitted to him from residents of Craigmont and Ponderosa Subdivisions requesting: 1. The removal of the fences running parallel to Craigmont Street and separating Craigmont and Ponderosa Subdivisions (a) Sections missing, eyesore in the community (b) Large concrete drainage pipes, receptacles for debris (c) Fences hinder neat mowing and trimming of grass 2. That Vae Drive be extended into the Ponderosa Subdivision (a) At present, the only entrance into Craigmont from Baker Road is via Hemlock Street (b) Decker is divided highway and it is an inconvenience for re- sidents of Craigmont Subdivision to get downtown Before discussing the request further, Councilman Stasney moved to accept the petition Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: None Upon receipt of the petition, Mr. LeFevre referred the petition to the Planning and Zoning Commission for their consideration. The matter was reviewed at their 4655 Minutes, May 22, 1969 regular meeting on May 21st and the following comments were offered by the Commission. 1. The City should not be engaged in the maintenance or repair of ornamental type fencing. If a structure is clearly necessary for safety reasons, then some type of permanent, low maintenance structure should be installed. If ornamental type fencing is desired, this should be a project of a neighbor- hood civic association. 2. With regard to the extension of Vae Street, the Commission offered: (a) Ponderosa Drive is essentially a local street serving some 29 lots at this time. (b) Ponderosa Drive intersects Bayway Drive and increased traffic on Ponderosa would probably require a traffic signal at its intersec- tion with Baker Road in addition to the Hemlock intersection at some future date; this would have adverse affect on the traffic capacity of Baker Road, a major thoroughfare. (c) Connection of Vae Drive with Ponderosa Drive would have adverse affect on traffic safety in Ponderosa Subdivision It was suggested that Vae Drive not be connected to Pondersa Drive. However, it may be possible to make the north frontage road along Decker Drive from Baker to Wade Two Way when the main lanes of Decker Drive are constructed. Councilman Evans moved to accept the recommendation of the Planning & Zoning Commission in not connecting Vae Drive with Ponderosa Drive and not repair the fence. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The Administration was instructed to return the petition to the petitioners with the action of the-Council. If there is a need for a fence, the neighborhood vivic association can erect an ornamental type fence, or the city will erect a utility type fence. Councilman Stasney asked that the Planning *& Zoning Commission be asked to study the need for a fence, if any. Highlands - Petitioning Permission Election of Incorporation J. B. Ezell, Jr., spokesman for a group of citizens, residing in and owning pro - perty in Highlands, appeared before the Council to clarify the presentation of a petition and a map from citizens and taxpayers residing and owning property in Highlands for per- mission to hold an election according to the provisions of the law for the purpose of incorporation of an area shown on the map. This area is within the extraterritorial jurisdiction of the City of Baytown and certain legal procedure must be carried out before an election can be called, first to get permission from the City Council. The area covered in the proposed incorporation is Water District 1 and 1 -B. McNair Water District 1 -A is not included in the incorporation proposal, and it was proposed by Councilmen Evans and Cannon that McNair be included in the incorporation. Highlands Fire Department is presently providing fire protection for McNair communtiy since its water lines are inadequate. C. C. Parrish, a resident of Highlands, submitted petitions with signatures of 110 residents of Highlands who do not wich an incorporation election. He stated that he had been selected to act as spokesman for this gropp and asked the Council to consider this counter proposal of the residents of Highlands. Councilman Kloesel moved to receive the petitions as sub- mitted. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Kloesel, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None At the request of Councilman Kloesel, City Attorney Laughlin gave a brief summary of the procedure leading up to an Incorporation Election; its effect upon Baytown and surrounding areas. Since Highlands is within the extraterritorial jurisdiction of Baytown it must first get the permission of the governing body of Baytown before it can hold an Incor- poration Election. This has been done. The Council has two choices, (1) if Baytown's City Council grants permission, Uighlands then can seek to incorporate following the same procedure of any other city by presenting a petition to the County Judge, signed by at least twenty registered voters, asking the Judge to call an election for this purpose. Should the election fail, there is no further steps toward incorporation. (2) the Council may choose to refuse to give permission for such an election. If this was done, Highlands could then present a petition to Baytown asking for annexation of the area. The petition must be signed by a majority of the voters, fifty per cent or more who must be owners of land within the area included in the petition to be annexed. The City of Baytown would have six months in which to act upon the petition. Should the Baytown City Council fail to act upon the petition within the six month period, the petitioners automatically have the permission of. the City Council to hold an election for incorporation. 4656 Minutes, May 22, 1969 Should the Incorporation Election fail to pass, the extraterritorial jurisdiction of Baytown would not be affected. However, should it pass, the City Council would want an agreement as to the area to be incorporated; would want an understanding through agreement that Baytown would have exclusive extraterritorial jurisdiction in all other areas that were not included in the incorporation boundaries. This would mean Highlands would be completely surrounded by Baytown's extraterritorial jurisdiction and could not thereafter annex additional territory without the permission of the Baytown City Council. Such an agreement could be done by Resolution when the details are completed. The Council discussed other facets and alternates for guaranteed protection of Baytown's extraterritorial jurisdiction north of Highlands, the possi- bility of McNair residents wanting to be included in the incorporation boundaries, etc. Following some further discussion, Councilman Kloesel moved to direct the City Attorney to draft a resolution in regards to permitting Highlands to hold an Incorpo- ration Election as per the guide lines suggested. The motion died for want of a second. Councilman Kelley moved to postpone further action on the request to allow time to work out details toward drafting a Resolution permitting the Incorporation Election. Council- man Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: Councilman Kloesel Raccoon Drive Site Designated Parksite - Parks and Recreation Board Ken Persenaire, Director of Parks & Recreation, submitted a recommendation from the Parks & Recreation Board for the City Council to formally designate the Raccoon Drive site, donated by Mr. Holloway, as a Parksite so that the Board can make applica- tion for matching Federal funds on one -half the estimated value of the piece of property for development of the site. Councilman Kloesel moved to approve the recommendaticn of the Parks & Recreation Board regarding the designation of the area as a parksite. Council- man Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Committee Appointments With Council approval, the Mayor made the following Committee appointments, to -wit: AIR & WATER CONSERVATION BOARD: Ted L. Kloesel, Leonard W. Stasney, and David W. Evans. CORPORATION COURT COMMITTEE: Ted L. Kloesel, Chariman, Don H. Hullum, and Allen Cannon. HEALTH LEAGUE BOARD: David W. Evans as Council liaison UTILITY COMMITTEE: Don H. Hullum, Lamar Kelley, Ted L. Kloesel, and Allen Cannon Councilman Kelley, Chairman Councilman Cannon moved to approve the appointment of the Standing Committees. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Appointment - Committee Search Source of Revenue for City other Than Ad Valorem Taxes At the request of Mayor Walker, Councilman Kelley moved to approve the Mayor's appointment of a Committee to search for additional sources of revenue for the City other than ad valorem taxes. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The Mayor named the following to the Committee: Allen Cannon, Chairman, Ted L. Kloesel, Paul Storck, John Harding, and Glynn Tiller. Anointment - Citizens Committee Assist Police Department - Combating Illegal Drug Use At the request -of Mayor Walker, Councilman Evans moved to approve the appointment of a Citizens Committee to assist the Police Department in combating the present problem of illegal drug use and preventing its increase in Baytown. Councilman Cannon seconded the motion. The vote follows: 4657 Minutes, May 22, 1969 Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Citizens named to the Committee by Mayor Walker follow: Jack Huron, Chairman, Rick Peebles, Roy Williams, Leon Legler, Carl Young, Ray Tickner, David Evans, Ron Lennard, Mrs. R. J. Lawrence, and Bill Darling. Mayor Walker stated that this Committee would be open to anyone who has a unique interest in the combined efforts of citizens and law enforcement officers to hold this ever growing problem to a minimum in Baytown. Committee - Study Regulating Wrecker Service Mayor Walker pointed out some inconsistencies between the City's wrecker ordinance, as stated, and the general practice of regulating wrecker service in Baytown. He suggested eitjher the ordinance should be revised or the enforcement should be revised and asked permission to appoint a Committee to study the ordinance and determine which course of action should be taken. Councilman Koesel moved to authorize the appointment of a Committee to study the problem with the intent of recommending corrective measures at the completion of the study. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Later in the meeting Mayor Walker named Leonard W. Stasney, City Attorney William R. Laughlin, Don Baker, and Jess Navarre as members of the Wrecker Committee. Delinquent Tax Service - Ad Valorem Records, Inc. Acting City Manager LeFevre reviewed the need for revising the delinquent tax collection procedure, the delinquent roll and other relating factors prior to surrendering the delinquency to the City Attorney for collection by a Tax Suit. He has talked with Ton Emberg on several occasions in relations to tax billing by Data Processing. Mr. Emberg has a delinquent tax service which is set up on Data Pro- cessing. Mr. LeFevre was impressed by the completeness of the service and asked permission to enter into contract with Mr. Emberg so that delinquent taxes may be brought up -to -date in book form and segregated from the total tax billing. Mr. Emberg was present at the meeting and, when asked, proposed a delinquent tax service including the following speci- fications: 1. For each delinquent we will keypunch the name and address, property description and all years of delinquency. 2. After the initial set up, we will provide the following computer runs: A. A composit delinquent tax roll B. A listing of each delinquent by year of delinquency for your auditor C. Two delinquent tax work books for use in the Tax Office all year long D. An alphabetical index of all delinquent tax payers E. Three delinquent tax statements to be updated and mailed on June 15th, August is t, and September is t. 3. We will advise the Tax Office on anticipated problems, suggest letters to be sent and see to it that the program proceeds to a successful conclusion. The fee for our Delinquent Tax Service is $750.00 per 1000 delinquent tax payers. Included in the fee are all forms and envelopes. This is exclusive of postage. The Council discussed several facets of the present system used by the City in making its collections on delinquent accounts. If delinquent notices were sent out systematically or not, the average mailing each year, the returns, the procedure• used in filing tax suits, etc. Councilman Stasney stated that he felt that the council owed the tax payers who pay taxes regularly and on time the timely pursuit of people who do not pay taxes on time. This must be done by either machine or manually and he urged institution of measures to get this work done. In answer -n an inquiry of Councilman Cannon, City Attorney Laughlin stated that he was totally lost without the assistance of Mr. Emberg in the filing of delinquent tax suits. Even with this help, Mr. Laughlin further stated that he would have to hire additional help because of the heavy volume of paper work which would be required to prepare the necessary instruments for filing the suits. It was the recommendation of Mr. LeFevre that this firm be hired to perform this service, this to be done by annual contract. Councilman Cannon moved to adopt an ordinance approving a contract between the City of Baytown and Ad Valorem Records, Inc. for providing data processing assistance for the collection of delinquent tax accounts as per contract. Councilman Hullum seconded the motion. Following some further discussion on the worth of the contract and its benefit to the City, Mayor Walker called for the vote and the results follow: Ayes: Councilmen Kloesel, Hullum, Cannon, and Kelley Mayor Walker Nays: Councilmen Evans and Stasney 4658 Minutes, May 22, 1969 The caption of the ordinance follows: ORDINANCE NO. 977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A CONTRACT BEZWEEN THE CITY OF BAYTOWN AND " AD VALOREM RECORDS, INC. ", - WHEREIN THE SAID COMPANY IS TO PROVIDE DATA PROCESSING ASSISTANCE- TO THE TAX DEPARTMENT; APPROVING A CONTRACT WITH THE CITY ATTORNEY CONCERNING THE COLLECTION OF DELINQUENT TAXES; AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAID CONTRACTS FOR AND ON BE- HALF OF THE CITY OF BAYTOWN; PROVIDING FOR THE EFFECTIVE DATE HEREOF Authorize Contract - City Attorney Prosecuting Delinquent Taxes Councilman Hullum moved to authorize the drafting of a contract with W. R. Laughlin, City Attorney for the prosecuting delinquent tax suits. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Resolutions - Transfer of Funds Councilman Kloesel moved to adopt a resolution transferring Sixteen Thousand Three Hundred Thirty Five from the Council Contingency Fund to various accounts within the General Fund, excluding the Police Department Budget. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Kelley, Stasney Mayor Walker Nays: Councilmen Cannon and Hullum The caption of the Resolution follows: RESOLUTION NO. 255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER SIXTEEN THOUSAND THREE HUNDRED THIRTY FIVE ($16,355.00) DOLLARS FROM BUDGET ACCOUNT 101 -11 -3, COUNCIL CONTINGENCY FUND, TO ACCOUNTS WITHIN THE GENERAL FUND. Councilman Stasney moved to adopt a resolution transferring Ten Thousand Five Hundred Forty Four ($10,544.00) DOLLARS from the Water Contingency, Account 1002 -5 -4, 1003 -5 -2, 1003 -5 -4, and 1005 -10 -2. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER TEN THOUSAND FIVE HUNDRED FORTY FOUR ($10,544.00) DOLLARS FROM BUDGET ACCOUNT 1006 -11 -3, Water Contingency, TO ACCOUNTS NOS. 1002 -5 -4, 1003 -5 -2, 1003 -5 -4, AND 1005 -10 -2. Councilman Hullum moved to adopt a resolution transferring Seven Hundred Fifty ($750.00) Dollars from the Council Contingency Fund as a contribution to the Baytown Teen -Age Baseball Program. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None 4659 Minutes, May 22, 1969 THE caption of the resolution follows: RESOLUTION NO. 257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER SEVEN HUNDRED FIFTY ($750.00) DOLLARS FROM BUDGET ACCOUNT 101 -11 -3 COUNCIL CONTINGENCY FUND, TO BUDGET ACCOUNT 601 -7 -1. Ordinance - Contract Cit1 .nf Baytown and City of Houston - Extraterritorial. Jurisdicti6n Councilman Stasney moved to adopt an ordinance which approved the contract between the 7'City of Baytown and the City of Houston apportioning the overlapping extraterritorial juris- diction of the two cities to provide at- .,mutually agreed upon common boundary between the extraterritorial jurisdictions of the two cities. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilman Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 976 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING THE FORM AND SUBSTANCE OF A CONTRACT BETWEEN THE CITY OF BAYTOWN AND THE CITY OF HOUSTON PURSUANT TO THE PROVISIONS OF ARTICLE 970A, V.T.C.S., APPORTIONING THE OVERLAPPING EXTRATERRITORIAL JURISDICTION OF THE SAID CITIES; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SAID AGREE- MENT AND THE CITY CLERK TO ATTEST THE SAME FOR AND ON BEHALF OF THE CITY OF BAYTOWN; STATING BY REFERENCE THE TERMS OF SAID-CONTRACT AND SPECIFI- CALLY APPROVING SAME; PROVIDING FOR THE EFFECTIVE DATE HEREOF. Approved - Street Improvement Program 1968 -69 The Council discussed the preliminary estimates of the 1969 Street Improvement 7program and some modifications were offered and discussed at length. Following the discussion Councilman Evans moved to accept the following streets for improvement, to -wit: Felton Street - From Defee to Lobit Adams Street - From Strickland to Narcille North Seventh Street: From Texas Avenue to James Street East Fayle Street. - From North Main to Highway 146 Riggs Street - From LEE Drive to Storm Sewer West of Oak Street Storm Sewer only Republic Street - From whiting to School Parking Area Nevada Street - From Bayway Drive to end Schilling Street - Pruett to North Main Green Avenue - From North Pruett to North Jones West Sterling Street - Extension Greenbrier Drive - From Schreck to Mayhaw Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Evans, Kloesel, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The Administration was requested to review the streets in the old Baytown area and bring recommendation for the improvement of a street which will be included in 7the approved list of improvements. Baytown Ambulance Company - Contract Extended Councilman Kelley, reporting for the Ambulance Committee, gave a brief resume of the study that has been made by the Committee relative to the extension of the present contract of the Baytown Ambulance Company. Mr. Navarre, Owner of the Baytown Ambulance Company, has told the committee that he will purchase a new ambulance and upgrade his radio equipment if the extension is approved. Councilman Kelley concluded his report with recommendation that the contract be extended for an additional 2 -year period. Councilman Evans moved to accept the recommendation of the Committee and approved the extention of the contract for an additional 2 -year period. Councilman Hullum seconded the motion. The vote follows: 4660 Ayes: Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Minutes, May 22, 1969 Councilman Kelley recommended that funds be provided in the 1969 -70 budget to repair the roof of the building which is being used by the Baytown Ambulance Company. Also, to provide materials for the construction of a small office on the ground floor of the building. Traffic Committee - Study Need Traffic Signals Lacy Drive & Highway 146 Councilman Stasney suggested that the Traffic Committee study the need for traffic signals, other than pedestrian signals, at the intersection of Lacy Drive and Highway 146. Councilman Kelley asked that the Traffic. Committee study the conditions of Bob Smith Road since the installation of certain sewer lines. He suggested that the contractor be contacted and be requested to complete the road base and restore to original condition. Administration - Contact Owner Fence Mud Slide The Council requested the Administration to contact the owner of property abutting on North Pruett and request that he erect sometype protective fence around a deep hole on the site which has steep sidesand is being used by older children as a mud slide. City Manager's Report The City Attorney reviewed the application for an increase in the domestic gate rate by the Houston Pipe Line Company with the Railroad Commission of Texas. Should the rate be granted by the Railroad Commission, the increase could be passed along to the City Consumers since the City's Ordinance provides for such action should a rate be granted. Notice of Hearing by the Railroad Commission of Texas on the request has been called for 9 :00 a.m., Monday, June 9th, for the purpose of receiving evidence. Councilman Hullum moved to send the City Attorney to Austin to protest the proposed increase. Councilman Kelley seconded the motion. The vote follows: 'i Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Canvass Zoning Election Returns - May 28th Councilman Kelley moved to set the time at 5 :00 p.m., Wednesday, May 28th. for can- vassing the returns of the Zoning Ordinance Election held on May 20th. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Approve Advertising Bids - Storm Sewer Portion Ward Road Improvement In order to expedite the completion of the Ward Road Improvement Project, Councilman Hullum moved to authorize Busch Engineering Company to proceed with plans and specifications for the storm sewer portion of the Ward Road project and advertise for bids to be received as soon as possible. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Adjournment There being no further business to come before the Council, the motion was made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. Edna Oliver, City Clerk