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1970 04 23 CC Minutes4795 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN, TEXAS April 23, 1970 The City Council of the City of Baytown, Texas, met in regular session on Thursday, April 23, 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 David Evans Councilman Don M. Hullum Councilman Leonard W. 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 The meeting was called to order by Mayor Walker and the Invocation was offered by Mike Bergus, Branch Director of the Young Men's Christian Association. Oath Office Administered - Three Councilmen City Attorney Laughlin administered the Oath of Office to Ted L. Kloesel, Leonard W. Stasney, and Allen Cannon as Councilmen for the two ensuing years from Districts One (1), Four (4), and Five (5), respectively. ApRrove Minutes - Regular Meeting April 9 - Special Meeting April 15 Councilman Kelley moved to approve the minutes of the regular meeting of April 9, and Special meeting of April 15 as submitted in written form. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Hearing Flood Insurance for Additional Loa -lying Areas of Baytown Mayor Walker opened the hearing for questions or comments from any one living in low lying areas of Baytown concerning the availability of flood insurance. No person attending the meeting arose to be heard on the matter. Residents along Cedar Bayou had previously submitted a request for the adoption of a resolution by the Council requesting flood insurance coverage for this area. The Council was in- terested in residents of other low lying areas receiving similar coverage, if they so desired. City Attorney Laughlin stated that the application would have to define the elevation of similar low lying areas and request a particular zone be created for it in order to obtain the flood insurance coverage as has been approved for Brownwood Addition. The Water Development Board has suggested the Council request the Corps of Engineers to make a cursory survey of the area to determine a general area for inclu- sion in the application based on Zone A rates. Later when the topographical survey is done in depth, the actuarial rates will be established. The applications can be done in any order the Council may direct, however, some members of the Council were hes- itant to take action upon filing an application because no one from Cedar Bayou area attended the meeting in support of the petition. Certain required restrictions will be imposed in the.zones which are provided flood insurance coverage by December 31, 1971, by the City Administration. It is not known how extensive the restrictions will be but there will be controls for any area approved for flood insurance. It was suggested rather than blanket type coverage that a request form be prepared in- cluding legal language usage for distribution to residents of certain low lying areas should they want the coverage. The Council could then proceed with applying for the Cedar Bayou area coverage since a petition has been formally presented and accepted by the Council at a previous date. Councilman Kloesel moved to request the Corps of Engineers to make a cursory survey of the entire area, as recommended by the Water Development Board. Councilman Hullum seconded the motion. The vote follows: Minutes, April 23, 1970 9796 / Ayes: Councilmen Kloesel, Evans, Hull=, Stasney, Cannon, and Kelley Mayor Walker _ Nays: None Councilman Stasney moved to proceed with the application for emergency coverage for the Cedar Bayou areas at this time. Councilman Hullum seconded the motion. Following further discussion, Mayor Walker called the vote on the motion. Ayes: Councilmen Kloesel, Evans, Hullum, And Stasney Mayor Walker Nays: Councilmen Cannon and Kelley Set Work Session - Topics Program - Improvement of Thomas Circle Mayor Walker reported that two alternates to the proposed plan for the im- provement of Thomas Circle under the TOPICS program have been submitted to the Council. These were in preliminary form and have not yet been studied by the engineers, mer- chants, or the City Council. Because of the interest which has been shown by the merchants and the extreme importance of the project, Mayor Walker suggested a motion setting a work session with the Council as a whole, the downtown merchants, the circle merchants, and the engineers with an evening devoted to nothing other than this subject. Councilman Evans moved to set a work session for the purpose of discussing the alternates with the Council as a whole to serve as a Committee together with the merchants and engineers. Councilman Stasney seconded the motion. Councilman Kloesel stated that he has no op- position to the work session but he was interested in hearing the proposals discussed at this meeting. Following some further discussion, the Mayor called for the vote on the motion. The results follow: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: Councilman Kloesel The Council set the meeting date for the workshop for Tuesday evening, April 2B at 6:30 p.m. in the Council Chamber of the City Hall. At this going, Councilman Kloesel requested that old business be introduced in the agenda before new business is discussed. The Council agreed to the change. Plans Conversion to Surface Water The council discussed the proposal for the development of a surface water supply as submitted to the City by representatives of the San Jacinto River Authority on April 16. City Attorney Laughlin stated that he planned to write the Attorney, sub- ject to the Council's direction, pointing out some provisions which the Baytown City Council would like to be stipulated in the contract. He was of the opinion that after the contract is written and the San Jacinto Authority knows the position of the City Council, negotiations should be fairly simple. Councilman Hullum moved to authorize a request for a definitive contract, subject to Council approval. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Appointment - City Auditor Fiscal Year 1969 -70 Councilman David Evans moved to reappoint the firm of Gerace & Hullum, CPA's as Auditor for the Fiscal Year 1969 -70. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Cannon, Stasney, and Kelley Mayor Walker Nays: None Abstained: Councilman Hullum Final Reading ordinance 1022 -A - Annexation Beach City Councilman Cannon moved to adopt, on final reading, annexing a tract in. Chambers which abutts the present boundary of Beach City. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilman Kloesel, Evans, Cannon, Hu11um, Stasney, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: 4797 Minutes, April 23, 1970 ORDINANCE NO. 1022 -A AN ORDINANCE CONTAINING ORDINANCE NO. 1022, INTRODUCED ON THE 12TH OF MARCH, 1970, AND BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE AN- NEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Unfinished Business As a matter of unfinished business, Councilman Kloesel commented upon the appointment of the Tax Equalization Board at the last meeting. He stated that the Charter provided that this should be done prior to June 1st, he had no particular objection to the Council making the appointment prior to this date since he knew it was important that they be named so as to outline the work ahead. However, it was not on the agenda and he was of the opinion that some public notice should have been given should interested parties have comments to make in this area. Following some further discussion, Councilman Kelley moved to proceed with the items of business on the agenda. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Ordinance - Unlawful to Operate Vehicle on Streets so as to Litter Councilman Stasney moved to adopt an ordinance amending the Code of Ordinances of the City of Baytown so as to provide prohibitions for any person to operate any vehicle so as to leave litter and other debris upon the public streets and rights of way. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Kloesel, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1025 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, BY THE ADDITION OF SECTIONS 18 -66, 18 -67, 18 -68, and 18 -69 THERETO, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO OPERATE ANY VEHICEL SO AS TO LEAVE, DEPOSIT, LITTER, DROP, OR OTHERWISE PLACE DIRT, MUD, SAND, GRAVEL, SHELL, CLAY, BRICK, LUMBER, CONCRETE, BUILDING AND CONSTRUCTION MATERIALS OR OTHER DEBRIS OF ANY KIND UPON THE PUBLI STREETS OR RIGHTS OF WAY; REQUIRING OWNERS AND OPERATORS TO OPERATE AND MAINTAIN VEHICLES SO AS TO AVOID SAME; PROVIDING FOR THE REMOVAL OF SAID DEBRIS FROM PUBLIC STREETS AND RIGHTS OF WAY; MAKING IT UN- LAWFUL TO OPERATE A VEHICLE EQUIPPED WITH A LOAD CONTAINER WITH THE LOAD EXTENDING ABOVE THE TOP OF THE CONTAINER; PROVIDING A PENALTY CLAUSE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Ordinance - Requiring Protection Around Man Made Pits The Council reviewed the draft of an ordinance amending the Code of Ordi- nances to require fencing of certain man -made pits, holes or other man -made excavations, other than a man -made ditch created for drainage or irrigation purposes, within 300' of a public street or adjacent private property line. This is for the protection of small children which may fall into such an excavation and may drown or be bodily injured. The Council discussed several facets of the ordinance such as type and height of fence, spacing between wires, etc. Following some further discussion, Councilman Stasney moved to adopt the ordinance, excluding the requirement within three hundred (300') feet of a public street or adjacent private property line, ex- cluding a sobd fence or wall and requiring a satisfactory fence with a maximum six (6 ") inch opening, horizonally or vertically. Councilman Kelley seconded the motion. Councilman Kloesel stated that he felt that the three hundred (300') foot provision should be included in the ordinance and moved to amend the original motion to include after barriers, "and within three hundred (3001) feet of a public street or adjacent private property line" as is. Councilman Hullum seconded the motion. The vote on the amendment follows: Ayes: Councilmen Kloesel, Evans, Hullum, and Kelley Mayor Walker 7 1 i Minutes, April 23, 1970 4798 Nays: Councilmen Stasney and Cannon Mayor Walker then called for the vote on the original motion, as amended. The results follow: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1026 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 17, MISCELLANEOUS PROVISIONS AND OFFENSES, BY THE ADDITION OF SECTIONS 17 -15 AND 17 -16 THERETO: DE- CLARING THAT CERTAIN MAN -MADE PITS, HOLES AND OTHER MAN -MADE EXCAVATIONS ARE NUISANCES; REQUIRING THAT SUCH PITS, HOLES ARE OTHER MAN -MADE EXCAVA- TIONS BE FENCED OR PROTECTED; PROVIDING FOR A PENALTY NOT EXCEEDING TWO HUNDRED ($200.00) DOLLARS; CONTAINING A SAVINGS CLAUSE; REPEALING OR- DINANCES INCONSISTENT HEREWITH; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Ordinance - Creating Baytown Environmental Advisory Board City Attorney Laughlin reviewed the contents of an ordinance which amends the Code of Ordinances to provide for a Baytown Environmental Advisory Board as re- commended by the Committee appointed to study pollution in Baytown. To ordinance, as prepared, follows the recommendations of the Committee as to the make up of the Board, the appointments and their duties as far as advising the Council as to mon- itoring pollution environmental matters. Councilman Stasney moved to adopt the ordinance as submitted. Councilmen Evans seconded the ;ration. Councilman Kloesel spoke in opposition to the adoption of the amendment to the Air and Water Conser- vation Board. Since this Board was created for the purpose of making recommendations to the Council, he felt that this recommendation should have come from the original Board, especially in relations to the requirement for three members of the board to be professional engineers registered under the Engineering Act of Texas. Jack Walker, a present member of the Air and Water Conservation Board, stated that he was of the opinion that it was not desirable for professional engineers to be a requirement for appointment as he had learned through experience, that many are not interested nor qualified to advise in pollution matters. He was of the opinion that this was an undue restriction. He agreed that biologists and chemists would be qualified to act in this advisory capacity. Following some further discussion, Councilman Stasney moved to adopt Ordinance No. 1027 with the correction at least three members of the board shall be professional engineers, chemists or biologists. Councilman Evans vote Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: Councilman Kloesel The caption of the ordinance follows: ORDINANCE NO. 1027 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 2, ADMINISTRATION, ARTICLE II, DIVISION I THEREOF, SO AS TO RECONSTITUTE THE CITY'S ADVISORY BOARD CONCERNING ENVIRONMENTAL CONTROL; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLI- CATION AND EFFECTIVE DATE THEREOF. Selection Engineers - Architects for Capital Improvement Program Councilman Evans moved to award the contract for the total package of engineering work on the City's Capital Improvement Program to Baytown Engineering Company at a fee to be negotiated or one set forth by guide lines of T.S.P. Councilman Stasney seconded the motion. Councilman Kelley then moved to amend the original motion to make this award include the architectural services and direct this firm to use James A. Davis, Architect. Councilman Stasney seconded the motion. The vote on the amendment follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: Councilman Kloesel 4799 Minutes, April 23, 1970 Mayor Walker then called for the vote on the original motion as amended. Councilman Kloesel then stated he did not feel that he had completed his study. He was dependent upon the staff to give him certain information and this is the first time he had seen a breakdown that he could digest. Following some further comments, Councilman Kelley moved to end debate. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Mayor Walker then called for the vote on the original motion, as amended. The vote follows: Ayes: Councilmen Evans, Mayor Walker Nays: Councilman Kloesel Bids - Portable Air Compressor Hullum, Stasney, Cannon, and Kelley Bids on a portable compressor were received and are tabulated as follows: Mercury Equipment Company Holders Equipment Company Clemtex, Ltd. Boehck Equipment Company E. L. Lester Bellaire Rental Company Joy RPS -175 Worthington Sullair Ingersoll -Rand Chicago Pneumatic Gardner- Denver $3,590.00 3,605.00 3,775.00 3,825.00 4,288.00 4,623.75 It was the recommendation of the Administration that the low bid of Mercury Equipment Company be accepted. Councilman Kelley moved to accept the recommendation of the Administration and award the bid to Mercury Equipment Company for a Joy Compressor in the amount of $3,590.00. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Ted Purdy - Miscellaneous Items Ted Purdy, a local businessman, appeared before the council to request some consideration on his land value assessments on North Main Street and Ward Road extension from Main to Highway 146. He pointed out some discrepancies and asked for a more uni- form valuation program. Also, he proposed the extension of Ward Road to intersect with North Pruett, a traffic count be made on both Garth Road and North Main, both north and south of Ward Road, and a concerted effort by the Council to provide an east and west thoroughfare for residents of Baytown. Mayor Walker informed Mr. Purdy that two new appraisors have been employed as recommended by the previous Equalization Board and this will expedite the valuation program of Baytown. City Manager Voelkel also reported that the Administration has tentatively hired a young college student who is studying planning, and his primary duty this summer will be to operate the traffic counters and work with the Planning Department to establish the information requested. In connection with Mr. Purdy's request, Councilman Cannon requested approval from the Council to purchase three (3) traffic counters at a cost of approximately $500.00 each, since there will be a continuous need under the bond program. This number was the recommendation of the Administration and funds are available under the Traffic signalization budget account. Councilman Cannon moved to approve the expenditure of $1,500.00 for the purchase of the three (3) traffic counters. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Mayor Walker Nays: None Pollution - Spring Gully Evans, Hullum, Stasney, Cannon, and Kelley Councilman Stasney reviewed the serious pollution problem which presently exists in Spring Gully. He has conferred with members of the Texas Water Quality Board and apparently there is a firm which has been operating beyond their permit from the Texas Water Quality Board for some period of time and has released the pollutants. Since the firm is outside the City limits, the Council can only request the Texas Water Quality Board to seek an injunction against the firm to cease its pollution. He con- cluded by making a motion that the Council request the Water Quality Board and the County Attorney of Harris County to seek an injunction against the firm to cease its pollution. He concluded by making a motion that the Council request the Water Quality Board and the County Attorney of Harris County to seek an injunction against SMS Minutes, April 23, 1970 4800 Industries to cease its pollution of Spring Gully and stay within its permit limits. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Emergency Repair Sewer Break- Murrill at Pruett Councilman Kelley moved to proceed on an emergency basis to repair a serious sanitary sewer main break at West Murrill and North Pruett. Councilman Hullum 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 meting adjourned. ATTEST: Edna Oliver, City Clerk APP RAVED: _ William R. La/ ughlin, City Attorney r