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1970 06 25 CC Minutes4817 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 25, 1970 The City Council of the City of Baytown, Texas, met in regular session on Thursday, June 25, 1970 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: David Evans Councilman Don M. Hullum Councilman Leonard W. Stasney Councilman Lamar Kelley Councilman C. Glen Walker Mayor D. R. Voelkel City Manager W. R. Laughlin City Attorney Edna Oliver City Clerk Absent: Ted L. Kloesel Councilman Allen Cannon Councilman The Mayor called the meeting to order and the Invocation was offered. He then called for the minutes of the regular meeting of June 11th and the executive meeting minutes of June 11th. Councilman Kelley moved to approve the minutes of each meeting as submitted in written form. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Mayor Walker Nays: None Hullum, Stasney, and Kelley Report - Fiscal Agent Concerning Sale of Bonds Tom Masterson representing Underwood, Neuhaus & Co., the City's fiscal agent, spoke to the Council concerning the sale of bonds which have been approved by the voters for capital improvements within the city. He stated that bond averages published today reflected a drop in interest rates of 4 of 1% over the preceding weeks and expressed hope that this trend would continue, however, with this general level of interest rates, he felt that it would be a mistake to do any- thing more than what is necessary in terms of a bond sale. He suggested that the sale of bonds be restricted to phase needs only - to finance projects which must be done in accordance with the mandate of the people. He suggested that a meeting be held with the Administration concerning the amount needed in the immediate future and proceed on this basis. The Council was in agreement with the proposal, and will proceed on this basis. Request - Joe Aylor - Barcelona Enterprises - Street Improvement, Water & Sewer Ext. Joe Aylor, a local developer representing Barcelona Enterprises, solicited the City's assistance in the extension of Beaumont Street approximately 550 feet to the intersection of Largo Street which will provide access to a new apartment com- plex which is planned for construction in the near future; to extend the sewer facility as far as city can extend west on Largo and, if possible, the addition of a water main crossing to provide for the installation of a fire hydrant on the west side of Beaumont Street. Tile developer has dedicated additional street right of way to meet the requirements of the subdivision ordinance and proposes to bear the expense of the street improvement abutting both sides of the entire extension if the city will assume the remaining one -third cost of the extension. Mr. Aylor also asked the city to assist in the cost of the sewer and water extension for the first 100 feet. Mayor Walker asked that the motions be broken down to each item. Councilman Kelley then moved to approve the extension of Beaumont Street as pro- posed by Mr. Aylor. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: None 4818 Minutes, June 25, 1970 Councilman Hullum moved to extend the water main for the first 100 feet only as per the established policy of the City. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: None Mr. Aylor stated that the water main is now on the east side of Beaumont Street. This extension will only amount to the cross -over to the developer's property line -� prior to the installation of the street paving. Councilman Hullum then moved to rescind the action of the previous motion. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney and Kelley Mayor Walker Nays: None Councilman Hullum then moved to bear the expense of extending the water main 100 feet or to the developer's property line, whichever is less. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Hull=, Stasney, and Kelley Mayor Walker Nays: None The Council deferred action upon the sewer main extension to allow time to do some research on the established policy of the city. This will be reduced to writing for the Council's reference file. Request - Paving 100 Block of Post Oak Drive Mr. Jerry Brewer submitted a request for the permanent improvement of the 100 -block of Post Oak Drive, and extension.of approximately 603 feet. He proposed that any improvement be of the same concrete mixture as is presently laid on the 200 block of Post Oak Street, without curb and guttering. If the City can help, he asked the approximate cost the property owner would be required to pay. The City Engineer had given an estimate of $15.00 per running foot for a 20 -foot street. The policy of the City heretofore has been paving of 29 -30 feet with curb. Since the street is presently improved for a portion of its length, it was suggested that the city should deviate so that a uniform pattern may be continued. Councilman Stasney suggested that the Council commit to pave, in .kind, the rest of Post Oak on a citizen's participation basis - this would require signatures of 518 of the abutting property owners. In order for the city to go further with the proposed improvement, Mr. Brewer was asked to bring in executed petitions bearing the names of 518 of the abutting property owners who are willing to participate in the cost of the improve- ment. This will also require the dedication of sufficient street right- of-way which heretofore has not been made by abutting property owners lying between the two pipeline easements. Mr. Brewer was asked to check with the two property owners re- garding the execution of the necessary easement. Mr. Brewer asked that a change be made in the Post Oak extension which intersects Bayway Drive. It now reads Caldwell. In order to provide uniformity in the street names, Councilman Hullum moved to designate this position of the street as Post Oak Drive; Caldwell to end where it intersect with Post Oak Drive. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: None The administration will check the property owners abutting the intersection of Red Bud with Holly to determine if they are interested in improving the street which is now shell base only. Request Sewer Extension - Barrymore Street from West Main The Council reviewed the request of Maurice Estrada, 1400 Barrymore Drive, for a sewer line to serve his property which is presently served by a septic tank. The nearest available sewer service line is on West Main Street. The charge would be $675.00 and Mr. Estrada would bear the entire cost as per our present policy. Council- man Kelley moved to extend the sewer service as per agreement. Councilman Stasney seconded the motion. The vote follows: 4819 Ayes: Councilmen Evans, Mayor Walker Nays: None Minutes, June 25, 1970 Hullum, Stasney, and Kelley J. C. Beardsmore - Brownwood Civic Association - Baytown Levee Project Mr. J. C. Beardsmore, President of the Brownwood Civic Association, solicited the assistance of the City Council in obtaining funds for the Baytown levee. Because the appropriation for the project was not approved in the last fiscal budget, he made inquiry of several members of the Legislature with regards to who were the individuals specifically concerned with this particular appropriation and received a listing from Bob Eckhardt. However, no member of the Subcommittee on Public Works is from the State of Texas. Members of the Brownwood Civic Association are planning a cam- paign of correspondence to members of the Subcommittee on Public Works on this particular appropriation and he asked the Council's support in this campaign of correspondence, to give favorable consideration and to pass the appropriation required to assist in the finalization of the levee project. Councilman Stasney moved to authorize Mayor Walker to write a letter to each member of the Subcommittee on Public Works urgining passage of necessary funds for the project. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: None Ordinance 1031 - Amending Code of Ordinances - Animals Councilman Stasney, Chairman of the Couniclmen's Committee to study the pro- posed Animal Ordinance together with the oral and written recommendations, gave his report on the work of the Committee and submitted recommendations for codification of the ordinance. The Committee declined to make any recommendations on the admin- istration changes recommended by the original committee, but in the area of the ordinance itself changes were proposed in original draft. He reviewed the areas of change giving explanation of the reasons why as a matter of clarification. Following his report, the Council heard James W. Girardeau, a local attorney representing the Baytown Kennel Club, questioned the feasibility of prohibiting cats running at large in the City because of its impracticability. Others in the audience were re- cognized and given an opportunity to speak for or against any proposed change following the close of which the Council agreed to modify Sec. 5 -2 (a) to except cats from the provision prohibiting animals to run at large and in Sec. 5 -14 (a) eliminate the word "fowl" and insert "chicken ". Also, in Sec. 5 -9 (b) the in- sertion of "isolated from other animals ". Following all discussion, Mayor Walker enumerated the changes for clarification. Councilman Stasney then moved the adoption of the ordinance. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1031 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 5, ANIMALS, SO AS TO REPEAL THE PROVISIONS OF SUCH CHAPTER AS PRESENTLY CONSTITUTED, AND TO SUBSTITUTE IN ITS PLACE THE PROVISIONS OF A NEW CHAPTER TO BE ENTITLED, "ANIMALS ". PERTAINING DEFINITIONS, PROHIBITING THE RUNNING AT LARGE OF ANIMALS, EXCEPT CATS; PROVIDING THAT MEMBERS OF THE HUMANE DEPARTMENT AND /OR OTHER DESIGNATED DEPARTMENTS MAY PICK UP AND IMPOUND SUCH ANIMALS FOUND RUNNING AT LARGE; MAKING IT UNLAWFUL FOR A PERSON TO HARBOR SUCH ANIMALS FOR THE PURPOSE OF PREVENTING IMPOUNDMENT; PROVIDING FOR POUNDAGE FEES; PROVIDING FOR THE SALE OR DESTRUCTION OF IMPOUNDED ANIMALS; PROVIDING FOR REDEMPTION PROCEDURE; REQUIRING PROOF OF VAC- CINATION; PROVIDING FOR PUBLIC RECORDS; REQUIRING RABIES VACCINATION: ESTABLISHING PROCEDURES CONCERNING ANIMAL BITES OR SCRATCHES; PROHIBI- TING LOUD AND OBNOXIOUS NOISES CAUSED OR CREATED BY ANIMALS, PROVIDING THE INSPECTION OF PREMISES WHERE LIVESTOCK OR FOWL ARE KEPT; AND PRO- HIBITING CRUELTY TO ANIMALS; REPEALING ORDINANCES INCONSISTENT HERE- WITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 7 7 Minutes, June 25, 1970 Ordinance No. 1032 - Amendment to Junk Yard Code 4820 City Attorney Laughlin reviewed the contents of Ordinance 1032 which amends the Code of Ordinances regarding the keeping of Junk Yards within the City of Bay- town to include automobile bodies, shells and parts. Some clarification was made in the definition section of Chapter 16. Also, in Section 18 - the "hedge" was eliminated because of the impracticability of enforcement. Councilman Kelley moved to approve the changes and adopt the ordinance as read. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1032 AN ORDINANCE AMENDING THE GLIDE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 16, JUNK YARDS, ETC (NOT COMPLETE) Postpone Revisions - Drainage and /or Covering Open Pits The Council postponed its discussion on the revisions to the Code of Or- dinances to require drainage and covering of open pits within the city limits. These revisions will be discussed at the next regular meeting. Appointment - Baytown Environmental Advisory Board Councilman Kelley moved to amend the Code of Ordinances Chapter 2, Admin- istration, concerning environmental control to increase the membership of the Board by one, classified as a Member -at- Large. This member is to be Larry Hale, plus the approval of the following members, to -wit: Reappointment - Ted Kloesel - Harris County Community Action Board Councilman Hullum moved to approve the reappointment of Councilman Ted Kloesel to the Board of Directors of the Harris County Community Action Association effective July 6, 1970. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: None Appointment - Councilman Cannon - Baytown Health league rCouncilman Kelley moved to appoint Councilman Allen Cannon as a representative I to the Baytown Health League for the ensuing year. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hull=, Stasney, and Kelley Mayor Walker Nays: None Two Members - Committee Study Recommend Charter Commission Councilman Evans moved to approve the appointment of Councilman Lamar Kelley and Frank Yates to a Committee which is to submit recommendations for a Charter Commission. Councilman Hullum seconded the motion. The vote follows: Leonard Stasney - City Council Jack Walker - Baytown Rod, Reel & Gun Club Jere Johnson - American Society of Civil Engineers Mrs. Robert Barrow - The League of Women Voters Verne Lehmberg - Representative at Large John Costolmick - Representative at Large Herbert Duke, Jr., M.D. - Representative at Large Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: None Reappointment - Ted Kloesel - Harris County Community Action Board Councilman Hullum moved to approve the reappointment of Councilman Ted Kloesel to the Board of Directors of the Harris County Community Action Association effective July 6, 1970. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: None Appointment - Councilman Cannon - Baytown Health league rCouncilman Kelley moved to appoint Councilman Allen Cannon as a representative I to the Baytown Health League for the ensuing year. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hull=, Stasney, and Kelley Mayor Walker Nays: None Two Members - Committee Study Recommend Charter Commission Councilman Evans moved to approve the appointment of Councilman Lamar Kelley and Frank Yates to a Committee which is to submit recommendations for a Charter Commission. Councilman Hullum seconded the motion. The vote follows: 4821 Minutes, June 25, 1970 Use Plastic Pipe - Bob Martin Councilman Kelley moved to permit Bob Martin to use plastic pipe in the construction of his home. Councilman steamy seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: None Approve - Delegation of Services Awarded - Engineering Contract Councilman Stasney moved to approve the authorization for preliminary phase engineering services on (1) sanitary sewerage system; (2) streets and thoroughfares; and (3) water production, storage and distribution system. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays; None 1970 Street Improvements City Manager Voelkel submitted an alternate for doing concrete paving, rather than asphaltic or. flexible type street base, in the 1969 -70 street improve- ments. The 1969 -70 budget was approved with a $240,000 allocation for major street improvements. The Council has approved projects which total $246,500.00.If the City forces could he used to do the concrete paving, materials would only run $119,000.00 and leave $74,000.00 for asphaltic improvements. He proposed to use concrete paving on present asphalt streets in the approved program, which have curb and gutters. There is a possibility that the entire program cannot be done this year, but the pilot projects would reveal both cost and production. Streets in the program, not having curb and gutters, would be done by contract following the required procedure of receiving bids, etc. Councilman Kelley moved to proceed with the 1969 -70 approved street program on the basis recommended by the City Manager. Councilman Stasney seconded the motion. The vote follows; Ayes; Councilmen Evans, Hullum, Stasney and Kelley Mayor Walker Nays: None 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. Glen Walker, Mayor ATTEST: ect',"'-6 L Edna Oliver, City Clerk APP OVE a. � I William A. Iaughlin, City Attor y