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1969 06 12 CC Minutes4663 r MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS June 12, 1969 The City Council of the City of Baytown, Texas met in regular session on Thursday, June 12, 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 Don M. Hullum Councilman Leonard W. Stasney Councilman Allen Cannon Councilman Glen Walker Mayor D. R. Voelkel City Manager W. R. Laughlin City Attorney Edna Oliver City Clerk Absent: Ted L. Kloesel Councilman Lamar Kelley Councilman The Mayor called the meeting to order, the Invocation was offered, afterwhich he called for the minutes of the regular meeting of May 22 and the Special meeting of May 28. Councilman moved to approve the minutes as submitted in written form. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Cannon Mayor Walker Nays: None Bids - Ward Road Storm Sewer Five bids were received on the advertisement for installation of storm sewers on Ward RUad. They are tabulated as follows: rBrown 6 Root, Inc $ 87,923.95 Baytown Utility Company 89,861.25 Warren Brothers 99,917.50 Whitelak, Inc 137,674.70 Bayshore Construction 74,279.45 Mr. Voelkel reported that the Consulting Engineers, Baytown Engineering Company, Inc., are not in a position at this meeting to make a recommendation and requested deferment of contract acceptance until the next regular meeting. The Council was in agreement to delay acceptance of contract until the next regular meeting. Request - Pennzoil United, Inc For Natural Gas Distribution Franchise Saunders Gregg, Vice President and Manager of the Houston Division of United Gas Distribution Company, appeared before the Council with several other representatives of the Company, to submit its application for a franchise in the City of Baytown which will enable the Conpany to operate in Baytown. United Gas currently distributes gas in the City of Houston and its environs, as well as in Highlands. A portion of the area which was annexed by the City of Baytown included certain facilities of United Gas. In order not to be restricted in their operations and not be able to participate in the growth of Baytown, United Gas officials proposed to submit its application for Council consideration. The proposed franchise ordinance set forth a period of fifty(50) years, however, Mr. Gregg stated that thirty (30) years would be acceptable. Following his presentation, some discussion was made by the Council following which it was recommended and approved that this request be referred to the Council's Utility Committee for ex- tensive study, afterwhich, a report and reconmiendation will be submitted to the Council for its consideration. Approval - Civil Defense Shelter Plan Civil Defense Director Fletcher Nickerson presented a detailed Community Shelter Plan for Houston and Harris County, Texas, prepared by Alexander, Dunaway 6 Jones and Associates, Architects and Planners, by the guidance of the Houston Civil Defense Department and the Harris County Defense and Disaster Relief to provide public shelter which can be reached within a reasonable time should the nation suffer a nuclear attack. 4664 Minutes, June 12, 1969 The Community Shelter Plan will be published in pewspapers of general circulation so that persons living within the area may be acquainted with the location of shelter facilities for the protection of their families. At the conclusion of his presentation, Mr. Hickerson recommended that the plan be approved by the City Council. The City Attorney introduced and read a Resolution formally approving the Community Shelter Plan produced under the guidance of the Houston Civil Defense Department and authorizing the Mayor and City Clerk to execute the resolution and copies be forwarded to the appropriate Civil Defense agencies. Councilman Evans moved to adopt the Resolution as read. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Cannon Mayor Walker Nays: None The Caption of the Resolution follows: RESOLUTION NO. 261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN FORMALLY APPROVING THE COMMUNITY SHELTER PLAN ENTITLED "PLAN FOR SURVIVAL ", PRODUCED UNDER THE GUIDANCE OF THE HOUSTON CIVIL DEFENSE DEPARTMENT; AUTHORIZING THE DE- SIGNATION OF THE CITY OF BAYTOWN AS AN APPROVING GOVERNMENTAL AGENCY FOR THE PUBLICATION OF SUCH PLAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXE- CUTE THIS RESOLUTION AND DIRECTING THE CITY MANAGER TO FORWARD A CERTIFIED COPY OF SAME TO THE APPROPRIATE CIVIL DEFENSE AGENCIES. Approve - Request Baytown Retail Merchants Association - Street Sale - July 3rd. Councilman Stasney moved to approve the request of the Baytown Retail Merchants Association to block -off West Texas, from Gilliard to Ashbel, on July 3rd for the purpose of holding a street sale on that date. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Mayor Walker Nays: None Hullum, Stasney, and Cannon Ordinance - Second Reading Strip Annexation Chambers County Councilman Hullum moved to adopt, on second and final reading, an ordinance providing for the annexation of a 10 -foot strip in Chambers County, said territory consisting of 8.24 acres of land which lies adjacent to the present boundary limits of Baytown. Councilman Stasney seconded the motion. The vote follows: Ayes:_ Councilmen Evans, Mayor Walker Nays: None Hullum, Stasney, and Cannon The caption of the ordinance follows: ORDINANCE NO. 975 -A AN ORDINANCE CONTAINING ORDINANCE NO. 975, INTRODUCED THE 7TH DAY OF MAY, 1969, AND BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 8.24 ACRES OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS," PROVIDING FOR THE FINAL PASSAGE OF SAID ORDINANCE PURSUANT TO ARTICLE I, SECTION OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS. Report - Wrecker Committee Councilman Cannon, reporting for the Wrecker Committee, gave a brief resume of the study that has been conducted by the Committee in order to provide the framework for • wrecker ordinance which will permit the Accident Investigator to perform his duties in • more efficient manner as he will be in command to accomplish the removal of injured persons, investig4te the accident and restore traffic movement as quickly as possible. - The Committee primary interest is to protect the public through strict enforcement of traffic laws which will apply to everyone, including wrecker drivers as well as other. drivers and pedestrians. The ordinance will provide for reduction of wreckers going to scene of accident, set a minimum parking distance of 100 -feet from scene of accident, establish a maximum rate for wrecker service and require wrecker to be equipped to remove debris from street. This ordinance will be presented to the Council for its eratl Minutes, June 12, 1969 consideration at the conclusion of the study. Ordinance - Enforcement Deed Restrictions 4665 City Attorney Laughlin reviewed the special legislation, by the State Legislature, which provided that counties and cities having population of one million or over according to the last Federal Census could take advantage of the special legislation which would allow the enforcement of certain land use controls. This would permit a City the right to enforce deed restrictions as a limited application of land use controls by authorizing the legal department to file suits for the purpose of enforcing violations of certain land use restrictions to protect the residential character of the neighbor - hood where the subject property is situated. Nothing could be done if there are no restrictions. He reviewed the provisions of an ordinance which defined the course of action which would be instituted by the Legal Department on behalf of the City should the Council approve such an ordinance. The ordinance provided that enforcement of violations occurring after July 1, 1969 would be effective. Following some further discussion relating to the policy of the ordinance, Councilman Evans moved to adopt the ordinance with an effective date of July 1, 1969. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Cannon Mayor Walker Nays: None The Caption of the ordinance follows: ORDINANCE NO. 978 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, RELATING TO THE ENFORCEMENT OF CERTAIN LAND USE RESTRICTIONS UNDER CERTAIN CONDI- TIONS AS AUTHORIZED BY ARTICLES 974a AND 974a -1, V.A.T.S.; AUTHORIZING THE LEGAL DEPARTMENT TO FILE SUITS OR BECOME A PARTY TO SUITS FOR THE PURPOSE OF ENFORCING VIOLATIONS OF CERTAIN LAND USE RESTRICTIONS; DEFINING THE WORD "RESTRICTIONS ": CONTAINING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES INCONSISTENT HEREWITH AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution - Action to Defend Tax Status of Municipal Bonds Mayor Walker introduced and read a letter from Beverly Briley, Mayor of Nashville and President of the National League of Cities, relative to the House Ways and Means Committee, U.S. Congress, will recommend legislation taxing the interest on Municipal Bonds. The inclusion of interest for Municipal Bonds would cripple a City's ability to finance capital projects, increase municipal bond rates, and shifting the burden of additional costs onto the local property tax - payers. This could limit the sale of municipal bonds and, if sold, would be at excessive rates thus postponing needed improvements. Since the need to oppose such legislation is urgent, City Attorney Laughlin introduced and read a Resolution in which the Council publicly expressed its opposition to any plan by the Congress of the United States that would in any way limit the tax exempt status of nnterest paid on bonds issued by state or local governments and authorized the execution of the Resolution and the forwarding of certified copies to the United States Senators from the State of Texas and the United States Congressmen from Baytown's Congressional District. Councilman Stasney moved to adopt the Resolution as read. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Cannon Mayor Walker Nays: None The Caption of the Resolution follows: RESOLUTION NO. 262 A UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN PUBLICLY EXPRESSING ITS OPPOSITION TO ANY PLAN BY THE CONGRESS OF THE UNITED STATES THAT WOULD .IN ANY WAY LIMIT THE TAX EXEMPT STATUS OF INTEREST PAID ON BONDS ISSUED BY STATE OR LOCAL GOVERNMENTS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION; DIRECTING THE CITY MANAGER TO FORWARD CERTIFIED COPIES OF THIS RESOLUTION TO THE UNITED STATES SENATORS FROM THE STATE OF TEXAS AND THE UNITED STATES CONGRESSMEN FROM BAYTOWN'S CONGRESSIONAL DISTRICT. 4666 June 12, 1969 Committee - Illegal Drug Use Bill Darling Chairman of the Drug Use and Abuse Committee, gave a progress report on the activities of the Committee recently appointed by Mayor Walker and approved by the Council. He invited the Council to attend a meeting which will be held on June 19th at 7:30 p.m., in the Council Room of the City Hall. Parking Meter Report Councilman Cannon gave a report to the Council on parking meters in the downtown business district with a possibility of removing the heads and marking the tires of parked automobiles. He gave comparative revenue figures and expense figures showing a net loss to the city of about $1,961.00 per month. He pointed out that at present the meter maid is restricted to issuing only 600 tickets per month with a 25C fine if paid on the day the ticket is given. This allows a person to park all day for a 254� maximum fine. He concluded his report with the following recommendations: 1. Continue the use of parking meters 2. Have the meter maid devote full time to the policing of the meters 3. Remove all restrictions on the number of tickets issued. The number of violations will be the controlling f actor 4. Eliminate the 25C and issue $1.00 violations. Councilman Evans stated that he was of the opinion that the installation of parking meters originally in the downtown area was not for the purpose of revenue but for parking control; the report did not include administrative costs; vacant buildings on Texas Avenue were a fire hazard and if the shopping trend continues in the downtown area there will be no economic justification for parking meters. He favored an alter- nate route and remove parking meters, have the meter maid to devote full time to the policing of parking and marking the tire and pavement, eliminate the 250 and issue $2.00 violations. Councilman Hullum suggested getting with the merchants and provide off street parking, eliminate parking meters, eliminate parking on West Texas Avenue, and eliminate the meter maid. It was his opinion that the only solution was no parking on West Texas Avenue and provide off - street parking facilities either by the merchants or the City. Councilman Stasney suggested that we continue with the present system until the proposal presented by Councilman Hullum is instituted. He opposed the elimination of the 254., fine until the continuous misuse was explained. At this point, the Mayor interrupted the discussion to appoint a Committee to act as liaison between the Council and the downtown Merchant's Association. The members were: David Evans, Chairman, Allen Cannon, Don M. Hullum, and Rufus Honeycutt. Following the appointment Rick Wickman, Administrative Assistant, proposed that to control the traffic in the downtown area is to meter if and keep someone on the job to keep the traffic moving or pay a fine. Councilman Stasney moved to remove the 600 ticket maximum that the meter maid is allowed to give. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Cannon Mayor Walker Nays: None Councilman Evans then moved to use the services of the meter maid, Mrs. Shirley Turner, full time while the Liaison Committee is working, eliminate the 25� courtesy fee and increase it to a $1.00 violation. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Evans, Stasney, and Cannon Mayor Walker Nays: Councilman Hullum Brinkley - Water Rates Coin Operated Laundries Mr. D. W. Brinkley came before the Council to discuss the increase in the water -sewer cost of operating coin operated laundries. He stated that his water and sewer rates have doubled since the first of 1969 and most of his customers come from low- income bracket. j If his profit margin is to be maintained, rates must be increased in the operation of the machines and this will make a hardship on his customers. He asked the Council to reconsider the sewer rate increase. The matter was referred to the Committee which was appointed to study the Water and Sewer Rates of Baytown. The Committee will study the problem and come back to the Council with a report at the conclusion of the study. Citizens Committee - Study Dog Control Ordinance Mayor Walker suggested the appointment of a Citizens Committee to study the City's Dog Ordinance with a view either to revision of the ordinance or its enforcement. Councilman Cannon moved to authorize the Mayor to appoint a Citizens Committee to study the Dog Ordinance for revision or enforcement. Councilman Evans seconded the motion. The vote follows: 4667 Minutes, June 12, 1969 Ayes: Councilmen Evans, Hullum, Stasney, and Cannon Mayor Walker Nays: None The Mayor will name the members of the Committee at a later date. Beautification Campaign - City Wide Councilman Evans moved to authorize the Mayor to appoint a Beautification Committee for a city -wide campaign and installation of a beautification program for Baytown. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Cannon Mayor Walker Nays: None Aylor- Corrosion Pipe Barcelona Apartments Messrs. Aylor and Gunn appeared before the Council to discuss the problem presently existing at the Barcelona Apartments Village by the corrosion of the water pipes within the project. He had laboratory reports on the water and the pipe; also sanples of the corroded pipe. He stated that he could not combat the problem until the leak occurs - this is happening now at the rate or from one to three leaks per week. The analysis report reveals no apparent fault with the pipe and as a further protective measure,they have installed a Water treatment and water softener devise since they have been told this will continue. Boy V. Comeaux, an employee of Humble Company, stated that the corrosion in the water pipe was caused by oxygen and it can only be eliminated by keeping the oxygen out of the lines. Since this is an involved problem, Mr. Oomeaux suggested the appointment of a Committee to make a thorough study of the many facets of the problem. It was also mentioned that the Committee may want to make a study of using plastic pipe. If this can be done, Mr. Aylor proposed to pioneer the use of plastic pipe, at his own expense and risk, in a building project which he proposes to start soon. Following the presentation, Mayor Walker appointed Jack Morton, City Engineer, Councilmen Kelley and Stasney as a Committee to work with Joe Aylor in the study of corrosion in the water rpipes. Councilman Kelley will act as Chairman of the Committee. Florida Street - Sidewalk r Mr. Morton was asked to prepare cost figures for possible replacement of some Sidewalk on Florida Street where a drainage problem was created by the City during its recent replacement of curb and gutter. Mr. Morton reported that the Contractor laying water lines across various streets throughout the city has hired men and equipment to lay asphalt in the trenches which have been created by the contractor in laying of the lines. He will begin work Wednesday, June 18th. ... .. 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. ATTEST: nGLU.e�i Edna Oliver, City Clerk 6 C. Glen Walke , Mayor