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
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