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1970 08 13 CC Minutes4832 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 13, 1970 The City Council of the City of Baytown, Texas, met in regular session on Thursday, August 13, 1970 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: T. L. Kloesel Councilman * *David Evans Councilman Don M. Hullum Councilman Leonard Stasney Councilman Allen Cannon Councilman *Lamar Kelley Councilman 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 Lamar S. Clark, D. D. Grace United Methodist Church. Mayor Walker then called for the minutes of the regular meeting on July 23, 1970. Councilman Kloesel moved to approve the minutes 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 Request - Texas Federation of Independent Business Taxpayer's Association B. B. William, President of the Texas Federation of Independent Business and Tax Payers Alliance, Inc., appeared before the Council to register a protest against the City Council receiving a car allowance which he termed a "glorified salary." He accused the Council of violating the provisions of the Charter, and would accept no interpretation from the City Attorney relative to the reimbursement. Mr. Williams requested the Council to rescind its action regarding the car al- lowance and live by the Charter, or, if not, go to the people for a decision. The Association will also appoint a Charter Committee which will ask for a Mayor and Council form of government if the Charter is not going to he recognized and followed by the Council. He also wanted to know who paid for the advertisement used in promoting the 1969 Bond Issue. To this question, Mayor Walker referred him to Mr. Ike Hall who was Chairman of the Finance Committee. Mr. Williams stated that he had contacted Mr. Hall but was not satisfied with his explanation. He wanted a breakdown and itemized statement of the contributions. Following a lengthy session, Councilman Kloesel ryoved for the Council to reconsider the car allowance. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Abstained: Councilman Evans Councilman Kloesel then moved that the car allowance question be recon- sidered at the next regular meeting of the Council. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Proposal - Reinstitute Briefing Sessions Prior to Regular Council Meetings Councilman Kloesel proposed that the Council reinstitute briefing session prior to the regular council meetings in order to keep the Council informed. Some felt that if the same subject matter outlined on the agenda was the only thing to be discussed the briefing would be repetitious. However, if department heads meet with the Council from time to time and bring them up to date on the activities and accomplishments in the various departments, a briefing session could be of benefit. 4833 Minutes, August 13, 1970 Councilman Kloesel then moved to reinstitute the briefing session at a reasonable time prior to the regular council meetings. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Stasney, and Kelley Mayor Walker Nays: Councilmen Evans and Cannon * Councilman Kelley excused from meeting. Resolution - Commending Baytown Jaycees Mayor Walker introduced and read a resolution commending the Baytown Jaycees for their longstanding civic contributions and recognizes them for being selected the host chapter for the Area 3 B Texas Jaycees Convention which will con- vene August 14 -16 at the Ramada Inn. Councilman Evans moved to adopt the resolution as read. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, and Cannon Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 286 A UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN RE- COGNIZING AND COMMENDING THE BAYTOWN JAYCEES FOR THEIR CONTINUED SERVICE TO THE COMMUNITY, AND ESPECIALLY RECOGNIZING AND COMMENDING THE BAYTOWN JAYCEES FOR HOSTING THE AREA 3 B TEXAS JAYCEES CONVENTION TO BE HELD IN BAYTOWN, AUGUST 14- 15 -16, 1970; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION AND DIRECTING THE CITY MANAGER TO FORWARD A CERTIFIED COPY OF SAME TO THE BAYTOWN JAYCEES. Petition - Protesting Excessive Noise Train Whistles Railroad Crossings A petition, with signatures of 52 residents along Southern Pacific Rail- road from Ward Road to Massey Tompkins Road, protesting the persistance of the engineers operating the Southern Pacific trains that travel through the city at night was received. Whistles are blown excessively loud and much longer than neces- sary at each ar)d every approach to a railroad crossing even if it is equipped with drop bars. Mrs. C. D. Carpenter was spokesman for the residents. Councilman Stasney moved to accept the petition as presented. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Hullum, and Cannon Mayor Walker Nays: None Councilman Cannon stated that this noise problem has been discussed by the Traffic Committee on several occasions, however, there is a need for signalized crossings and it is hoped that money can be allocated in the 1970 -71 budget to sup- plement the railroad company's cost in cooperative installation of the needed signalization. Ordinances are being studied by the Committee in conjunction with its signalization, and a report will be given at the completion of the study. Councilman Hullum moved to instruct the City Administration to contact representatives of both the Southern Pacific and Missouri Pacific and invite them to meet with the Council at its regular meeting, August 27th, to discuss this and other prevailing needs. Council- man Stasney seconded the motion. The vote follows: Ayes: Councilman Kloesel, Evans, Stasney, Hullum, and Cannon Mayor Walker Nays: None A Traffic Sub - Committee comprised of Councilman Kloesel, Ross Wilhite, City Manager Voelkel, City Attorney Laughlin, and Police Chief Wilkinson will meet Monday, August 17th at 5:30 to review ordinances to control the operation of railroads within the city limits. Request - Support or Sponsor Pee Wee Football Bob Tucker came before the Council seeking some support or a sponsor of football for the 7,8,9, and 10 year old boys of Baytown. He and his co- workers have been involved with basketball and football at the YMCA for the past three years but i i 4834 Minutes, August 13, 1970 they have become disenchanted with the program because of the cost bo the parents. The Optomist Club in Baytown has been contacted relative to supporting this program for the smaller boys. The Club has been supporting such a program for larger boys for several years. They are now being asked to include the smaller group. The Club is presently considering the request, but may need additional funds to imple- ment the program. The Council deferred action upon the request to allow time for the optimist to study the request of sponsorship. The results of their decision will determine if there is a need for additional support from the City. Defer Action - Request Houston Freight Carriers Association The City Attorney reviewed the suggestion of the Houston Freight Carriers Association for the City to extend its 'city limits up FM 1405 to Highway 146 to In- terstate 10 which would permit any and all carriers now serving Houston to also serve any new industries which build on this route. Councilman Stasney moved to table this request until sufficient information is provided which will show the intent of the request. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Stasney Mayor Walker Nays: Councilmen Cannon and Evans Action - List Traffic Safety Projects Under Topics Program The Council reviewed the list of traffic safety projects for submission to Highway Department for funding under the TOPICS Program. Councilman Stasney moved to submit for TOPICS Project the intersection of Garth Road at Park Street. Council- man Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Hullum, and Cannon Mayor Walker Nays: None Councilman Cannon made a motion to submit as priority No. 2, West Main from Lee Drive to Goose Creek Bridge. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, and Cannon Mayor Walker Nays: Councilmen Hullum Councilman Kloesel made a motion to submit as priority No. 3, Airhart at Market Street. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, and Cannon Mayor Walker Nays: None Councilman Kloesel made a motion to submit the remaining projects, Highway 146 from Texas to Cedar Bayou Road, Business District, Commerce to Main interconnect, North Main from Park south to Forrest, Bayway at Park, Pruett from Park to Loop 201, Garth at Baker, Bayway at Baker East Texas from Highway 146 to Danubina, Thomas Circle and Decker Drive from Goose Creek to Thomas Circle under TOPICS. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, and Cannon Mayor Walker Nays: Norte Councilman Kloesel then made a motion to submit the list of the remaining projects to the Traffic Committee in order for this committee to establish the priority as to need. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, and Cannon Mayor Walker Nays: None Bids - Street Repaving Bids on the 1970 Street Improvement Program and the Beaumont Street Paving were received and tabulated as follows: 4834-14 Minutes, August 13, 1970 1970 Street Improvements Beaumont Street Paving Austin Paving Company $80,967.55 Austin Paving Company No bid Brown & Root, Inc. 105,478.86 Brown & Root, Inc. $23,982.65 Skrla, Inc. 108,439.95 Skrla, Inc. 27,414.00 Warren Brothers, Inc. 90,799.55 Warren Brothers, Inc. 30,995.30 K & S Paving 100,405.00 K & S Paving 26,473.00 It was the recommendation of the Administration that the low bid of Austin Paving Company be accepted on the 1970 Improvements and the bid of Brown & Root, Inc. be accepted on Beaumont Street provided the developer of the Aragonne Complex partici- pates in the cost of the improvement. Councilman Stasney moved to accept the low bid of Austin Paving Company on the 1970 Street Improvements. Councilman Kloesel seconded the motion. Councilman Cannon asked for a comparison figure vs the estimated figure as presented by the engineering department at the time of the Council's review and acceptance. Councilman Stasney agreed that he would be interested in having this information. Councilman Kloesel moved for the previous question. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Evans Mayor Walker Nays: Councilmen Stasney and Cannon Mayor Walker then called for the vote on the original motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Evans, and Stasney Mayor Walker Nays: Councilman Cannon Councilman Stasney then moved to accept the low bid of Brown & Root, Inc. on the paving of Beaumont Street. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, and Cannon Mayor Walker Nays: None Councilman Stasney suggested that the Administration have the recommenda- tions for the 1970 -71 Street Improvements prepared for presentation by October 15th. Property Owner Assessment Approved Baker Road Improvements Councilman Cannon moved to assess the property owner for curb and gutter on Baker Road between Garth and North Main. Councilman Stasney seconded the motion. 7he vote follows: Ayes: Councilmen Kloesel, Hullum Evans, Stasney, and Cannon Mayor Walker Nays: None ** Councilman Evans excused from meeting. Transfer Resolution Councilman Kloesel moved to adopt resolution No. 287 which will authorize the transfer of $23,652.00 from budget account 101, Council Contingency Fund to various accounts within the general budget. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Stasney, and Cannon Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER TWENTY THREE THOUSAND SIX HUNDRED FIFTY -TWO ($23,652.00) DOLLARS FROM BUDGET ACCOUNT 101, COUNCIL CONTINGENCY FUND TO ACCOUNT NOS. 103 -7 -4, 105 -6 -2, 111 -7-8, 401 -6 -2, 112 -5 -2 AND 602 -6 -3. ,?/rk r(Z Ordinance - Speed Limit Gm::tb Road Councilman Kloesel moved to adopt Ordinance No. 1037 which establishes a Minutes, August 13, 1970 4635 speed zone of 40 miles per hour on Baker Road from Garth Road to North Main. Council- man Stasney seconded the motion. The question was then raised on the need for unifor- mity in the zoning. Councilman Stasney then moved to amend the ordinance to read a 45 MPH speed zone. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Stasney, and Cannon Mayor Walker Nays: None Mayor Walker then called for the vote on the amended ordinance. The vote follows: Ayes: Councilmen Kloesel, Hullum, Stasney, and Cannon Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1037 AN ORDINANCE AMENDING ORDINANCE NO. 936 ENTITLED "AN ORDINANCE AMENDING AN ORDINANCE ENTITLED 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TO BE KNOWN AS THE "TRAFFIC CODE OF THE CITY OF BAYTOWN"; REGULATING TRAFFIC ON THE PUBLIC STREETS OF THE CITY OF BAYTOWN; WORDS AND PHRASES DEFINED; AUTHORITY OF POLICE; DRIVING REGULATIONS -RULES OF THE ROAD; TURNING AND STARTING SIGNALS ON STOPPING AND TURNING; ACCIDENTS, RECKLESS DRIVING, STARTING PARKED VEHICLES; TRAFFIC AND PEDESTRIAN SIGNALS; PEDESTRIANS' RIGHTS AND DUTIES; PARKING REGULATIONS, SPECIAL STOPS REQUIRED; MISCELLANEOUS DRIVING RULES; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF', BEING ORDINANCE NO. 752, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 26th DAY OF AUGUST, 1965, BY AMENDING SECTION 1 THEREOF, PERTAINING TO THE SPEED LIMIT ON BAKER ROAD, A PUBLIC STREET WITHIN THE CITY LIMITS OF THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE PUBLI- CATION AND EFFECTIVE DATE THEREOF. Otis Graham - Fifteenth Member of Charter Commission The Council approved the appointment of Otis Graham as the fifteenth (15th) member of the Committee appointed to study the City Charter and submit recommendations for modification. Resolution - Commending John Henderson Councilman Stasney moved to adopt a resolution recognizing and commending John Henderson for his service to the City of Baytown as special assistant to the Mayor. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Hullum, and Cannon Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN OFFICIALLY RECOGNIZING AND COMMENDING; AND THANKING JOHN HENDERSON FOR HIS SERVICE TO THE CITY OF BAYTOWN AS A SPECIAL ASSISTANT TO THE MAYOR; FURTHER, OFFICIALLY RECOGNIZING, COMMENDING AND THANKING THE HUMBLE OIL AND REFINING COMPANY FOR PLACING THE SAID JOHN HENMI60N ON LOAN TO THE CITY OF BAYTOWN TO FILL THIS SPECIAL POSITION; AU- THORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION AND DIRECTING THE CITY MANAGER TO FORWARD CERTIFIED COPIES OF SAME TO JOHN HENDERSON AND THE HUMBLE OIL AND REFINING COMPANY. Ratify Action - Civil Defense Director Councilman Stasney moved to ratify the action of the Director of Civil Defense, J. F. Nickerson, in declaring an emergency when officially notified by the ESSA Weather Bureau that Hurricane Celia could strike Baytown. Councilman Cannon seconded the motion. The vote follows: 4836 Minutes, August 13, 1970 Ayes: Councilman Kloesel, Stasney, Hullum, and Cannon 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 meeting adjourned. e d4 1 C. Glen Walker, Mayor ATTEST: ed, - "j L Edna Oliver, City Clerk /// William R. Laughlin, City At ney 7 7