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1970 01 08 CC Minutes4741 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS January 8, 1970 The City Council of the City of Baytown, Texas, met in regular session on Thursday, January 8, 1970, at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: *Ted Kloesel David Evans Don M. Hullum Leonard Stasney Allen Cannon Lamar Kelley Councilman Councilman Councilman Councilman Councilman Councilman C. Glen Walker Mayor D. R. Voelkel City Manager W. R. Laughlin City Attorney Edna Oliver City Clerk The mayor called the meeting to order and the Invocation was offered by the Reverend C. Lile Calhoon, Pastor of Northside Baptist Church. He then called for the minutes of the regular meeting of December 18, 1969. Councilman Kelley moved to approve the minutes as submitted in written form. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Petitions - Students Cedar Bayou School - Air Pollution Control John M. Holley, teacher and spokesman for a group of young people from the Cedar Bayou Junior High School, submitted petitions bearing approximately 2000 signatures protesting air pollution in the Baytown area. With him -were approximately 100 young people who had assisted in the gathering of signatures to assist the City, County and State in its fight against air and water pollution. He asked that the peti- tions be forwarded to Channel 13 in Houston and from there they will be delivered to Governor Preston Smith in Austin. Councilman Stasney moved to accept the petitions as submitted by the young people and Mr. Holley. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Mr. Moore, representing the Senior Citizens Club of Baytown, stated that a motion had been adopted by the Club to lend all support to fight pollution of all kind and type. In response to the petitions of the young people, the statement of accord from the Senior Citizens, and in light of recent proposals made by the City Council and the possibility of increased pollution in the Baytown area, Mayor Walker asked Council permission to appoint a special committee to make recommendations to the Council, at its next regular meeting, on what the City can do to fight present pollution and limit future pollution. Councilman Kloesel moved to authorize the Mayor to appoint such a committee. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Mayor Walker appointed Leonard Stasney as Chairman with Lamar Kelley to review the proposals that have been made, our present sampling stations and to look into the possibility of additional air sampling stations in the City of Baytown. He asked that the committee give itself to this study and be prepared to make a re- port at the next regular meeting of the Council. j 4742 Minutes, January 8, 1970 Final Reading - Ordinance Annexing Strip in Chambers County The City Attorney introduced and read an ordinance, on final reading, which extended the 'city limits of Baytown to annex a ten foot strip of land along FM Road 1405 in Chambers County. Councilman Kelley moved to adopt the ordinance as read. 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 ordinance follows: ORDINANCE NO. 1004 -A AN ORDINANCE CONTAINING ORDINANCE NO. 1004, INTRODUCED THE 4TH DAY OF DECEMBER, 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 A TEN (10') FOOT STRIP 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 ORDIN- ANCE PURSUANT TO ARTICLE 1, SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS. Ordinance - Amending Subdivision Ordinance to Require Street Lighting At the December 18 meeting the City Attorney was instructed to prepare an amendment to the City's Subdivision Ordinance to include the Street Lighting Policy for undeveloped areas to become effective immediately, and developed areas as of March 1, 1970. At this meeting Mr; Laughlin reviewed the contents of the ordinance which would amend'Appendix B of Chapter 27, Subdivisions, by adding thereto a new heading entitled "Street Lights" which requires developers to install ornamental metal street light standards on public streets in subdivisions within the city limits by certain detailed standards. This ordinance relates to new subdivisions and sub- divisions which are presently in the preliminary state, not having received final approval from the Planning and Zoning Commission. Councilman Kloesel moved to adopt the ordinance as read. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1008 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, SUBDIVISIONS, BY THE AMENDMENT OF APPENDIX B THERETO, DE- SIGNATED AS ENGINEERING AND CONSTRUCTION STANDARDS FOR SUBDIVISIONS, SO AS TO ESTABLISH STANDARDS FOR STREET LIGHT- ING IN SINGLE FAMILY RESIDENTIAL SUBDIVISIONS, BY THE ADDITION rj OF A NEW HEADING DESIGNATED "STREET LIGHTS ", REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Resolution - Street Lighting Policy - Developed Areas Councilman Kloesel moved to adopt a Resolution setting forth the Street Lighting Policy for developed areas within the city limits, which is patterned in part after the requirements for undeveloped areas but with a delayed effective date on the increased costs per light installed. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney and Kelley Nays: None 4743 Minutes, January 8, 1970 Appointments - Members Planning and Zoning Commission Mayor Walker submitted the names of Alton Laird, Richard Park and Richard King to fill the three vacancies on the Planning and Zoning Commission created by the expiration of the terms of Larry Hale, Joe Zorn and Bob Beverly. Councilman Evans moved to approve the appointments with terms to expire April 14, 1971. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, Stasney.and Kelley Mayor `Walker Nays: None Councilman Kloesel moved to reappoint J. J. Bridges as a member of the Planning and Zoning Commission with term to expire April 14, 1971. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Mayor Walker and members of the Council commended the outgoing members of the Planning and Zoning Commission for a job well done, for their great contribu- tion to the citizens of Baytown in the services rendered the community during their tenure of appointment as a member of the Commission. Ordinance - Amending Chapter 11, Electrical Code - Code of Ordinances In order to simplify the pattern of making appointments to the Electrical Board, City Attorney Laughlin introduced and read an ordinance which will amend the City's Code of Ordinances, Chapter 11, Electrical Board to provide uniform two (2) year tenure of service for each member of the Board with positions Nos. One, Two & Three being filled as of January 1st in each even numbered year and Positions Nos. Four and Five, January 1st in each odd numbered year. Councilman Kloesel moved to adopt the ordinance as read. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, Stasney and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1.011 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY AMENDMENT OF CHAPTER 11, •ELECTRICAL CODE, BY AMENDING SECTION 11 -1 (b) THEREOF, SO AS TO ALTER THE TERMS OF OFFICE OF THE MEMBERS OF THE ELECTRICAL BOARD; RE- PEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAV- INGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Reappointment - Members Electrical Board Councilman Kelley moved to approve the reappointment of Joe Crumpler, Joe Phelps and Billy Trousdale to the Electrical Board for the two ensuing years in posi- tions one, two and three, respectively. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, Stasney and Kelley Mayor Walker Nays: None Appointment - Representative Houston - Galveston Area Council Councilman Stasney moved to approve the rotation system in the appointment of a representative of the Houston - Galveston Area Council and confirmed the appoint- ment of Mayor Emmett F. Lowry of Texas City as the designated representative on the Executive Committee of the Houston- Galveston Area Council for the year, 1970 for the three home rule cities, Baytown, Texas City and Pasadena. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, Stasney and Kelley Mayor Walker Nays: None i s• Minutes, January 8, 1970 4744 Petitions - Vermont Street Residents Councilman Kloesel submitted petitions from residents of Vermont Street asking that certain repairs be made to the street by the placement of the street on the summer improvement program and the improvement of curb and gutter, pre- paration of base and resurfacing because of the poor condition of the street. Coun- cilman Kelley moved to accept the petitions. Councilman Evans seconded the mo- tion. The vote follows; Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Utility Committee - Telephone Company Councilman Kelley gave a brief report on the consultations being held with General Telephone officials because of the recurring annoyance and delay caused when wrong numbers a're reached by customers trying to reach Baytown from the Houston area. He al,eo contacted officials of Southwestern Bell Telephone Company and neither company knows what is causing the mix -up but are aware of it and are making every effort to eliminate the entanglement. Selecting Nominees - Committee Study City Charter Councilman Stasney reported that the committee which was appointed to select a Citizens Committee to update and revise the City Charter has established the need of a 15 -man committee for this purpose. His committee is now in the pro- cess of selecting the nominees for the Citizens Study Committee. Ordinance - Control Sale Cough Preparations After some discussion, Councilman Stasney moved to adopt an ordinance adding new section to Chapter 17, Miscellaneous Provisions and Offenses, which would regulate the sale of certain cough preparations to require a written prescrip- tion, or oral with certain stipulated specifications and forbidding the refill of any such prescription when the refilling has not been specifically authorized by the original prescription. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: Councilman Kloesel Councilman Kloesel excused from meeting to attend Harris County Community Action meeting. The caption of the ordinance follows: ORDINANCE NO. 1009 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 17, MIS- CELLANEOUS PROVISIONS AND OFFENSES, BY ADDING THERETO A NEW SECTION DESIGNATED AS SECTION 17 -14, REGULATING THE SALE OF COUGH PREPARATIONS CONTAINING CERTAIN AMOUNTS OF CODEINE; CONTAINING DEFINITIONS; PROVIDING A, PENALTY; PROVIDING A SAV- INGSCLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Resolution - Approving Implementation of Rent Supplement Program Concerning Certain Tract Councilman Evans moved to adopt a resolution giving official approval for the construction of dwelling units to be utilized pursuant to the terms of Section 221 (d) of the Housing and Urban Development Action of 1965 concerning a certain tract of land bounded by Barrymore Street on the west, the Missouri Pacific Railroad on the north and Oak Street on the east and West Main Street on the south. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None The caption of the resolution follows: 4745 Minutes, January 8, 1970 RESOLUTION NO. 278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN OFFICIALLY APPROVING THE IMPLEMENTATION OF SECTION 221 (d) OF THE RENT SUP- PLEMENT PROGRAM CONCERNING A CERTAIN TRACT WITHIN THE CITY LIMITS OF THE CITY OF BAYTOWN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION BY AND ON BEHALF OF THE CITY COUNCIL; DIRECTING THE CITY MANAGER TO FORWARD A CERTIFIED COPY OF SAME TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Offer - Site on Wade Road Dump Trash and Brush - No Charge The Council offered no objections to an offer received by the City Manager for the dumping of trash and brush at an excavated site off Wade Road. The owner is agreeable to the dumping in order to restore the land to the original elevation and there will be no charge levied for this privilege. Increase Car Allowances Upon recommendation of the City Manager, Councilman Hullum moved to approve the increase of car allowances of persons using their personal cars for city business as follows: From $90. 00 to $150.00 From $70. 00 to $120. 00 From $60. 00 to $100.00 From $30.00 to $ 50.00 Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Councilman Hullum asked the Administration to study the possibility during the year, of using the car pool in all cases where it is feasible. He was of the opin- ion; however, that a car allowance is cheaper than the city furnishing city owned cars, gasoline, etc. Car Allowance - Cars Tax Appraiser and Tax Assessor - Collector Mr. Voelkel reported that a Tax Appraiser had been hired as authorized in the 1969 -70 budget. However, no allowance was provided for the use of auto- mobiles. He has received a request from the Finance office that an allowance of $100. 00 per month be granted to both the Tax Appraiser and the Tax:Assessor- Collector for the use of their personal cars in the discharge of their duties for the City of Baytown. Councilman Stasney moved to approve the request and grant the allowances as outlined. Councilman* Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Ordinance - Acquisition Right of Way Park at Garth The City Attorney reviewed the plans of the City to acquire additional right of way on Garth Road, between Morrell and Park Streets, for the widening of Garth Road. The City has presently a 50 -foot right of way and proposes to ex- pand it to a 100 -foot right of way. The Council is now at the point -where it is felt that a formal offer of purchase should be made to the owner of the tracts of land needed for this expansion. The City Attorney has prepared an ordinance which will authorize him to forward a certified copy of the ordinance, together with a letter to the owner, Robert F. Stipe, or other parties, to give him a period of five. days in which to consider the offer - whether to accept or reject formally the city's offer. Should he fail to accept the offer within five days from receipt of same, the administration would consider it a refusal and the ordinance would authorize the City Attorney to proceed to file condemnation proceedings on behalf of the City to acquire title to the property in question. Mayor Walker pointed out that the negotiations for this property had been extended over .a period of three years and because of the length of time that had lapsed, the property owner and the City both agreed that something needed to be done now, even if it should be decided by ruling of the Court. Councilman Evans moved to adopt the ordinance giving direction to the City Attorney relative to the acquisition of the additional 50 -foot right of way. Councilman Stasney seconded the motion. The vote follows: i Minutes, January 8, 1970 4746 Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1010 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, THE SUMS OF SIXTEEN THOUSAND ONE HUNDRED TWENTY -TWO AND 50 /100 ($16,122.50) DOLLARS, FOUR THOUSAND NINE HUNDRED SIXTY AND 25/100 ($4,960,25) DOLLARS AND EIGHT THOUSAND TWENTY -SEVEN AND 62/100 ($8,027.62) DOLLARS TO ROBERT F. STIPE OR OTHER PARTIES IN INTEREST, FOR THE ACQUISITION OF CERTAIN INTER- EST IN CERTAIN TRACTS DESCRIBED HEREIN REQUIRED FOR PUBLIC USE, FOR STREET, ROAD AND HIGHWAY PURPOSES, IN FEE SIMPLE; REQUIRING THAT SUCH OFFERS BE ACCEPTED WITHIN FIVE (5) DAYS: DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNA- TION PROCEEDINGS IN THE EVENT SUCH OFFERS ARE REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Adjourn 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. , c�(�o C.--Glen Walk r, Mayor ATTEST: L C Edna Oliver, City Clerk APPROVED: William i`, City Atto