Loading...
1970 01 22 CC Minutes4747 MINUTES' OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 22, 1970 The City Council of the City of Baytown, Texas, met in regular session on Thursday, January 22, 1970 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: * Ted L. Kloesel Councilman Don Hullum Councilman Leonard Stasney Councilman Allen Cannon Councilman Lamar Kelley Councilman C.Glen Walker Mayor D. R. Voelkel City Manager W. R. Laughlin City,Attorney Edna Oliver City Clerk Absent: David Evans Councilman The Mayor'called the meeting to order and the Invocation was offered by The Reverend Peter Katt - All Saints' Episcopal Church. Mayor Walker then called for the minutes of the January 8th meeting. Councilman Kelley moved to approve the minutes as submitted in written form. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Hear Representative of the City's Fiscal Agent Tom Masterson, representing the firm of Underwood, Neuhaus & Co., Inc. fiscal agent for the City of Baytown, discussed the impact upon the City's budget from the proposed $12,000,000 needed to finance capital improvements recommended by a Capital Improvements Study Committee in November, 1968. Mr. Masterson spoke first in respect to the Revenue Bonds, then in more detail to the General Obligation Bonds. Of the $12,000,000 proposed, his firm recommended that the Council consider the authorization of $2.5,000,000 to be repaid from revenues of the City's water and sewer utility system. The City presently has the ability to issue only $1.5,000,000 of Revenue Bonds but, due to the substantial growth of the utility system in both gross and net income he recommended the authorization of the additional $1,000,000 worth of bonds with full knowledge and understanding that those bonds cannot be issued based on current net income. However, based on past experience he felt confident that normal growth and uti- lization of the utility system will permit the-issuance of.the additional $1,000,000 within-the next five(5) years.( *Councilman Kloesel errives.) His firm also recommended the authorization of $9.5,000,000 of General Obligation Bonds. They have given some study to the budget as a result of the Sales Tax and the projected income from the Sales Tax. Even though the Legislature has stipulated that funds derived from the Sales Tax cannot be used for bonded indebtedness, the income will support the General Fund maintenance, salary, capital improvements etc. budget so that a readjustment may be made in tax rate for debt service with- out an ad valorem tax increase. His firm has project five bond sales of General Obligation Bonds - $2,000,000 for four years and a $1.5,000,000 the fifth year. This formula would require a gradual increase in the debt service requirement reaching the full impact at the close of the five year period. Each series of bonds is to be retired within twenty years which will be sound financial plan- ning by protecting the City's bond rating and will permit the City's financial condition to be such as to allow future authorization in the years ahead. Mr. Masterson concluded his report with a question and answer period with members of the Council participating. Presentation - Annual Report of Examination James G. Gerace, CPA, presented the Council with copies of the year end report of examination of the records of the City of Baytown from April 1, 1969, through September 31, 1969. He reported that no problems developed during the examination, the recommendations previously made are being followed up and if any questions are forthcoming after the Council has had the time to study the report, he will meet with them for a discussion and clarification session. M Minutes, January 22, 1970 4748 Mrs. Albert Fellows - Country Club Oaks Civic Association Mrs. Albert Fellows, representing the Country Club Civic Association, came before the Council to discuss the need for providing a safe crossing for the children attending the Pumphrey Elementary School from the side of Goose Creek Stream toward the Country Club Oaks. There presently is a narrow wooden crossing but not feasible for use for children going to and from the school. Since there is a definite need for a foot bridge, she petitioned the Council to consider this need and provide for its financing in the forthcoming bond election. The City Manager reported that the City Engineer is presently making a study of the cost estimate for a bridge and side walks. These estimates will be submitted at the conclusion of the study. Discussion - Proposed Revisions Ordinance Creating Committee Rayborn Johnson, local Insurance Agent and member of the Insurance Association of Baytown, met with the Council to discussion some proposed changes in Ordinance No. 905, creating the Insurance Association. He pointed out one or two controver- sial requirements, such as Definition of Term Agent, recommending the change of percentage attendance, etc. Following some discussion, Councilman Kloesel moved to postpone further action upon the ordinance until the next regular meeting. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Ordinance - Ordering Municipal Election - April 7, 1970 Councilman Kloesel moved to adopt an ordinance calling the General Municipal Election for Tuesday, April 7, 1970 at which time a Councilman will be elected from Districts one(l) , four(4), and five(5) respectively. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1012 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 7TH DAY OF APRIL, FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL- MEN FROM THE RESPECTIVE DISTRICTS NOS. ONE(1), FOUR(4), AND FIVE (5): PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS AND PRO- VIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Ordinance - Establishing Speed Zones - Baytown Opportunity School - Baker Road Councilman Cannon moved to adopt an ordinance establishing speed zones along Baker Road during certain designated hours for children attending and leaving the Baytown Opportunity Center. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays; None The caption of the ordinance follows; ORDINANCE NO. 1014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN DESIGNATING A CERTAIN PORTION OF BAKER ROAD, ADJACENT TO THE BAYTOWN OPPORTUNITY CENTER, AS A SCHOOL ZONE UNDER THE PROVISIONS OF SECTION 18 -99 OF THE CITY OF BAYTOWN: REPEALING ALL ORDINANCES INCONSISTENT HEREWITH; CON- TAINING A SEVERABILITY CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 4749 Minutes, January 22, 1970 Consider Street Right -of -Way Acquisition City Attorney Laughlin reported that he has completed his negotiations with the owner of Lot 4, Block 27 Morrell Park Subdivision for the acquisition of a 25 foot strip on the west side of the lot for the purpose of widening Garth Road. He recommended that-the Council allow him to accept a conveyance voluntarily from the property owner and authorize the payment as per the negotiated figure. Council- man Stasney moved that the Administration be authorized to proceed with acquisition of the right -of -way on the basis of the negotiated price. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Stasney, Hullum, Kloesel, Cannon, and Kelley Mayor Walker Nays: None Roy H. Hughes - Pest Control Board Councilman Kloesel moved to reappoint Roy H. Hughes to the Baytown Pest Con- trol Commission for the two ensuing years. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Hullum, Cannon, and Kelley Mayor Walker Nays: None Committee Reports Councilman Stasney, Chairman of the Committee on Air Pollution, gave an interim report on the City's Participation in Air Pollution Control. The Committee was asked to evaluate a proposal from the Baytown Engineering Company and charged with the re- sponsibility of making other recommendations in regard to the City's participation in air pollution control activities. It determined that'a survey is available from the State of Texas Department of Health as well as a number of private companies. It was proposed that one be made in March and in late summer or early fall, both to be conducted at a less cost than the one proposed by Baytown Engineering Company. He concluded his report with a recommendation that the Council reject the proposal made by Baytown Engineering Company and immediately request the State Health De- partment to conduct a particular matter and hydrogen sulfide survey as soon as possible and also a full- fledged air quality survey in late summer or early fall. (2) The Committee also recommended that as an initial step, the Council enact an ordinance requiring any corporation, business, or person requesting a variance of the state air quality regulations, to make known its requests in a public hearing This hearing should be held before the City Council at least 30 days prior to the State Air Quality Board hearing. Councilman Hullum moved to accept the report with its recommendations. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Hullum, Cannon, and Kelley Mayor Walker Nays: None The City Attorney was instructed to prepare an ordinance, for presentation at next regular meeting, setting forth the recommended requirements proposed by the Committee. Councilman Kloesel gave a brief report on the work of the HCCA and the dif- ficulties which the various Committees have encountered in their efforts to develop the program properly. Councilman Cannon reviewed the minutes of the Traffic Committee and its efforts to eliminate or ease traffic hazards throughout the City. He was particularly in- terested in getting Council approval to have commercial signs removed when the are on the City's right -of -way and are creating a traffic hazard. Also, the removal of shrubs which obstruct view. The Council approved his request. Councilman Kelley called a meeting of the Highlands Annexation Committee for Monday, January 26th. City Attorney Laughlin asked for instruction from the Council relative to the date of the proposed Bond Election. He will need to negotiate with both the Fiscal Agent and Attorney for the Bonding Company so that the ordinance will comply with the necessary requirements. The date which had been suggested by the Capital Improvements Committee was March 10th, but it was doubtful if a 1970 poll list will be available at that early date. Following some further discussion, Councilman Stasney moved for the City Attorney to make the necessary arrangements with the 7 7 Minutes, January 22, 1970 4750 Fiscal Agent to review a proposed ballot with March 10th in mind. Councilman Kelley seconded the motion. Councilman Kloesel moved to amend the motion to change the date of the election to coincide with the General Municipal Election on April 7th. This motion died for want of a second. The Mayor then called for a vote on the original motion. The vote follows: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: Councilman Kloesel (because of the date) Approve Appointment Mr. Dopson Director of Parks and Recreation City Manager Voelkel reported that he had appointed Terry Dopson of Beaumont as Director of Parks and Recreation for Baytown and asked the Council's approval of the appointment. Councilman Kelley moved to approve the appointment. Councilman Stasney seonconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Hull=, Cannon, and Kelley Mayor Walker Nays; none Resolution - Flood Insurance For Baytown The Mayor and City Attorney review the efforts which had been made by the City Council heretofore in order to comply with all requirements of the National Flood Insurance Act so that residents of Brownwood area may be recipents of such insurance. Recently the Administration has been informed that they have no record of such an application having been received in Washington. City Attorney Laughlin reviewed the four (4) phases which the Council will do to comply with all requirements of the National Flood Insurance Act. Should the Council adopt the Resolution, two (2) copies will be certified and forwarded to the Federal Insurance Administrator in Washington and one (1) certified copy will be forwarded to the Texas Water Development Board, who has been appointed by the Governor of the State as a State Agency in this regard. Councilman Stasney moved to adopt the resolution which declares the intent of the Council relative to the National Flood Insurance Act. Councilman Kelley seconded the motion. The vote follows. Ayes: Councilmen Kloesel, Stasney, Hullum, Cannon, and Kelley Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 279 A UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS GIVING FORMAL ASSURANCES OF ITS INTENT TO COMPLY WITH LAND MANAGEMENT AND USE CRITERIA SET FORTH IN PART 1910- CRITERIA FOR LAND MANAGEMENT AND USE, UNDER TITLE 24, CHAPTER VII, SUBCHAPTER B, OF THE NATIONAL FLOOD INSURANCE PROGRAM; FORMALLY AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION FOR AND ON BEHALF OF THE CITY COUNCIL; DIRECTING THE CITY MANAGER TO FORWARD DUPLICATE CERTIFIED COPIES OF THIS RESOLUTION TO THE FLOOD INSURANCE ADMINISTRATOR AND THE TEXAS WATER DEVELOPMENT BOARD; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - 1013 - Improvement of Ward Road The City Attorney introduced and read an ordinance reaccepting the bid of Warren Brothers Company for the construction of improvements on Ward Road from Highway 146 east to Kilgore Road and reawarding the contract to said company and appropriating out of the 1965 Capital Improvements Street Fund of the City. of Baytown the sun of the contract which is determined to be .$186,422.57, which sum has been certified by the Director of Finance to be an unencumbered balance of an appropriation and available funds for such purpose. Councilman Kloesel moved to adopt the ordinance as read. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilman Kloesel, Hull=, Stasney, Cannon, and Kelley Mayor Walker Nays: None 4751 Minutes, January 22, 1970 The caption of the ordinance follows: ORDINANCE NO. 1013 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING CERTAIN ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE PERMANENT IMPROVEMENT OF WARD ROAD, WITHIN THE LIMITS HEREINBELOW SET OUT; REACCEPTING THE BID OF AND REAWARDING A CONTRACT TO WARREN BROTHERS COMPANY, GULF DISTRICT, DIVI- SION OF ASHLAND OIL & REFINING COMPANY, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; REAPP ROVING THE CONTRACT, PERFORMANCE AND PAYMENT BONDS FOR THE DOING OF SAID WORK; RATIFYING, CONFIRMING AND ADOPTING THE EXE- CUTION OF SAID CONTRACT BY THE MAYOR AND CITY CLERK ON BEHALF OF THE CITY OF BAYTOWN, TEXAS; MAKING AN APPROPRIATION OF THE FUNDS OF THE CITY'S SHARE OF THE COSTS OF SAID IMPROVEMENTS UNDER SAID CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Pharmacists Opposing Ordinance Controlling Sale of Codiene Cough Syrup Messrs. Zatopek and Kudelka, local pharmacists, appeared before the Council to request the repeal of Ordinance No. 1009 which regulated the sale of cough pre- parations containing certain amounts of codiene as they felt that the ordinance was discriminatory. Both were in agreement that Houston and Pasadena did have a problem with addicts but each were of the opinion that Baytown had no such problem and the passage of such an ordinance was unnecessary. They gave inventory of sale for 1969 of codiene cough syrups and referred to the new Federal Government Law which has revised the sale of exempt narcotics which requires the Pharmacist to make the sale. Each suggested that the Council give the need for such an or- dinance further thought, talk with local pharmacists, examine the records and give consideration as to repeal of the ordinance since the Federal and State Govern- ments have given the pharmacists privileges for the control of such sale. The Council expressed concern in sharing on the responsibility of control, rather than removing the rights of the pharmacists and were of the opinion that there is a need for such an ordinance as a control measure. Appointment Committee Study Dog Ordinance Mayor Walker submitted the names of Calvin Evans, Charlie Caldwell, Mrs. Robert Kelley, James Crawford, and J. R. Casey as a Citizens Committee to study the City's Dog Ordinance and recommend its enforcement or revisions which would make enforcement more feasible. Councilman Cannon moved to approve the appointment of the Citizens Study Committee as named. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Hale - Chairman of Beautification Committee Councilman Kelley moved to approve the appointment of Larry Hale as Chairman of the Baytown Beautification Committee, which will work with the Chamber of Commerce Beautification Committee and other interested civic groups. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Discussion - Ordinance Removal of Political Posters The Council discussed the possible passage of an ordinance which would require the deposit of a $50 cash bond with the City of Baytown by all candidates seeking an office on the City Council, School Board, or County and State Office. The bond would be refunded to the depositor upon removal of all campaign materials to the satisfaction of the City Administration. Some were opposed to any restrictions because of the fifficulty of enforcement. Councilman Stasney moved to adopt an ordinance requiring a $50 cash bond be deposited with the City and to be refunded upon satisfactory removal of campaign literature and posters in local elections such as City and School Board Elections. Mayor Walker declared the motion dead for lack of a second. City Manager's Report City Manager Voelkel referred to the request of Automated Computer Systems, who has the City's contract for water billing and accounting, for an expression from the Council as to whether or not a penalty is to be established for late payment on city Minutes, January 22, 1970 9752 utility bills. The firm will presently have approximately a six months supply of utility bills printed and they need to know the thinking of the Council before the order is placed for the bills. Finance Director, LeFevre stated that 59 of the dollar volumne fail to pay on time - this figure would be between $2,000 and $3,000. Also, the department does have a problem with repeat delinquents. Following some further discussion, the Council deferred action upon the request to allow the Ad- ministration to compile cost figures on the administration of repeat delinquents and to submit a recommendation on whether or not the penalty system should be insititued. Mr. Voelkel asked the Council to review the map which has been prepared by the Director of Public Works and the Superintendent of Streets as a selection list for the 1970 Capital Street Improvement Program. Since the total estimate for all streets shown is over $500,000, the Council should select improvements amounting to approximately $200,000. Mr. Voelkel referred to the letter of R. S.(Bob) Beverly relative to writing premises liability on specified locations since the Tort Claims Act went into effect January 1. The industry attitude is that they are not interested in writing lia- bility coverage on specified locations. Their interest is confined to writing all exposures or none. The City presently has a 30 -day binder for minimum limits of $5/$10 and $5 on specified locations, but a decision will have to be made on whether to remain on the $5/$10/$5 on specified area or cover the total for a $100/$300 with an increase in premium costs of $30,000. Following some further discussion, the matter was referred to the Council's Insurance committee for study and a re- commendation. The Committee is composed of Councilmen Hullum and Kelley. 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. rC. Glen Walker, Mayor�� ATTEST: . 6_� C � Edna Oliver, City Clerk APPPDVED: William R. Laughlin, City AttorneyU C