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1970 08 27 CC Minutes4837 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 27, 1970 The City Council of the City of Baytown, Texas met in regular session on Tursday, August 27, 1970 in the Council Room of the Baytown City Hall with the following members in attendance: Ted Kloesel Councilman David Evans Councilman D. M. Hullum Councilman Leonard Stasney Councilman Lamar Kelley Councilman Allen Cannon Councilman C. 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. He then called for the minutes of the regular meeting on August 13th. Councilman Stasney moved to adopt the minutes as submitted in written form. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Representatives - YMCA Representatives from the Baytown YMCA appeared before the Council to explain the YMCA program and policy in order for the Council to evalute the request received at the last Council meeting relative to sponsorship of a new Pee Wee football league. The YMCA program is a 6 -sport program including basketball, soccer, track, baseball, foot- ball, and swimming. The coaches are trained college staff plus the dads. Twenty -four ($24.00) Dollars includes full year round membership plus T -shirt and jersey. This year's program has been expanded to include soccer and track, however, to participate a boy must be a member of the YMCA. This program is more in line with the philosophy of the YMCA which develops the Christian personality of the boys participating in the program. Following the presentation, the Council asked questions for clarification relative to the overall program. Mayor Walker expressed his appreciation for the in- formation received. Hear Report - Council Utility Committee Request of United Gas, Inc. for Franchise Lamar Kelley, Chairman of the Council's Utility Committee, reported that United Gas, Inc. had submitted a second request for a franchise in Baytown. The first request was received in June, 1969 and referred to the Council's Utility Committee for study. The Committee has met with representatives of the company because it had some reservations on the possible increase in gas rates with two companies having a franchise to operate in Baytown. Duplicate expenses would be incurred because of the competition and this would have to be passed on to the city thereby effecting the rates to the customers. Mr. Lamar consulted with the city manager after receiving the second request and Mr. voelkel suggested that a clause be included in the contract instrument which would eliminate any case where this extra expense might contribute to an increase in the gas rate. The Committee proposes that this provision be included in the franchise to-wit: "Any time the grantees duplicate an existing system, line or portion of system for the purpose of obtaining a customer who is then being served by a competitive gas company, than such investment incurred in this duplication will not be used in arriving at a rate or rate adjustment ". Mr. Kelley stated that he has been told this is what other cities do that have two gas companies operating within their city limits. This was the only objection raised by the Committee during its study and he was ready to submit the recommendation of the Committee at this meeting. However, he had no ob- jections to meeting with representatives of Houston Natural Gas Company before sub- mitting his recommendation. This was proposed at the beginning of the discussion. Councilman Kloesel moved to refer this to the Utility Committee and the City Manager arrange a meeting with Houston Natural Gas representatives sometime between August 31 and September 4. The Council then raised questions which dealt with both pros and cons 4838 Minutes, August 27, 1970 of two companies operating within the city limits of Baytown, if it would be an add - tional expense - an increase in gas rates or if competition would keep it at a more even rate schedule. Following a lengthy discussion, Council Stasney seconded the mo- tion made by Councilman Kloesel, The vote follows: Ayes: Councilmen Kloesel, Mayor Walker Nays: None Request - Extended Telephone Service Evans, Hullum, Stasney, Cannon, and Kelley Councilman Kelley also stated that the Utility Committee had received some requests for extended telephone service to the new international airport. General Telephone would have to receive permission from Southwestern Bell to include this area and this could be done. It would be included in what is now identified as Southwestern's 1 and 2 tier and virtually circumvents all of Harris County. This would provide a broader scope of service without toll charges, but would require an increase in rates. Residence rate is now $7.35; Business, $19.00, however, should extended service be approved the rate for residence would be increased to $9.35 and business, $23.00. If the citizens want this type service, the Committee will pursue this line of study. Bids - Playground Equipment Bids on new playground equipment to serve as replacement items for the Parks Department were received and the tabulation follows: Miracle Equipment Company $3,076.69 2 yr- warranty - del 21 CD No bid on climber, buck -a -bout with animals and space platform Vaughn & Associates $4,167.65 1 yr warranty - del 30 CD Bid submitted on all twelve items Masterson Dist. Company $1,003.36 1 yr warranty - Del 42 CD No bid on climber, 6 -unit swing, buck -a -bout with animals, 6 unit animal swing, junior trail blazer and space platform It was the recommendation of the Director of Parks & Recreation, Terry Dopson, that the bid be divided between Miracle Playground Company and Vaughn & Associates. Four items to be purchased from Miracle at a cost of $1,396.16 and eight items from Vaughn at a cost of $2,862.10. Councilman Kloesel moved to accept the recommendation of the Parks & Recreation Board and purchase the equipment as per memorandum. Council- man Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: None Defer - Acceptance South Main Extension Project At the request of the City 'Manager, Councilman Stasney moved to defer the acceptance of paving improvements on South Main Street extension until the next re- gular meeting. Councilman Kloesel seconded the motion. The vote follows. Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: Councilman Hullum Adoption - Ordinance No. 1038 - Improving Baker Road - Garth to North Main Councilman Kloesel moved to adopt an ordinance determining the necessity and ordering the improvement of Baker Road from Garth Road to North Main, by the construction of concrete curb and gutter with the cost to be paid by the owners of such property to be improved. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1038 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT BAKER ROAD FROM THE EAST SIDE OF GARTH ROAD TO THE WEST SIDE OF NORTH MAIN STREET, IN THE CITY OF BAYTOWN, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH Minutes, August 27, 1970 4839 IMPROVEMENT; DIRECTING THE CITY ENGINEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENT AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTY AEUTTING ON SAID STREET; PROVIDING THAT A PART OF THE COST THEREOF SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCI- DENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH IMPROVEMENTS ARE BY VIRTUE OF ARTICLE 1105b, DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLEW; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF He concluded his report with a motion that the TOPICS projects as listed be approved by the Council. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Railroad Signalization - Eliminate Train Blowing Councilman Kloesel reported that the Traffic Subcommittee net with representa- tives of the two railroads in Baytown. The City Planner had been requested to prepare a listing of the most dangerous street crossings not signalized. This list was sub- mitted to the representatives at the joint meeting and they will review the list by priorities and then the group will discuss and attempt to establish a payment policy for such installation. The group will also discuss a proposed ordinance controlling the blowing of train whistles at crossings. Manuel Pease - Location of South Main Commerce Street Intersection Manuel Pease, operator of a salvage yard at 401 South Main, asked the Council for information regarding the exact location of the Commerce Street intersection with South Main street which intersection is included in the 1969 approved bond issue. The routing will cross his property but the location has not been established. Recently he received notice from the City to build a fence around the property encompassed by the wrecking yard and he did not want to include the proposed roadway. The Council agreed that the purchase of any rightb£ -way was possibly six months- to one year in the future. Since the ordinance requiring the construction of a fence set a ninety (90) day time limit and this time will expire September 11th, Councilman Kloesel moved to waive the requirements of the ordinance regarding the property of Mr. Pease until a decision has been reached by the engineers on the exact location of the proposed intersection of -Commerce Street with South Main Street. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker - Nays: None Recommendation Police Chief Location New Police Station City Manager Voelkel introduced and read a memorandum from the Chief of Police regarding the location of the new police building which was approved in the 1969 bond issue. Two possibilities were mentioned: (1) locating the building on Report - Traffic Subcommittee TOPICS priority Councilman Kloesel gave a report on the selection of the Traffic Subcom- mittee for the twelve (12) Topics projects and their priority in the program as grouped in No. 4 of Topics projects approved at the August 13th meeting. The prior- ities were named in the direction of the possible funding. The recommended priorities are: 1. Hwy 146 from Texas to Cedar Bayou - Interconnect all signals 2. Business District - Take parking off Texas Avenue - provide left turns - interconnect signals 3. West Main from Lee Drive to Loop 201 -widen to 44' of pavement 4. North Main from Park South to Forrest - widen, surface, interconnect Ward and Williams sign. 5. Airhart at Market - Widen intersection to 4 lanes, signalize and interconnect with West Main 6. East Texas from Highway 146 to Danubina - Widen north side 12' extend south side 1300' 7. Bayway at Park - Signalize and channelize 8. Garth At Baker - pave, channelize and signalize 9. Bayway at Baker - pave, channelize and signs 10. Pruett from Park to Loop 201 - Widen to 44' of pavement 11. Garth north-of Park - widen and channelize for 400' 12. Commerce to North & South Main - Pave two connections to provide one -way operation He concluded his report with a motion that the TOPICS projects as listed be approved by the Council. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Railroad Signalization - Eliminate Train Blowing Councilman Kloesel reported that the Traffic Subcommittee net with representa- tives of the two railroads in Baytown. The City Planner had been requested to prepare a listing of the most dangerous street crossings not signalized. This list was sub- mitted to the representatives at the joint meeting and they will review the list by priorities and then the group will discuss and attempt to establish a payment policy for such installation. The group will also discuss a proposed ordinance controlling the blowing of train whistles at crossings. Manuel Pease - Location of South Main Commerce Street Intersection Manuel Pease, operator of a salvage yard at 401 South Main, asked the Council for information regarding the exact location of the Commerce Street intersection with South Main street which intersection is included in the 1969 approved bond issue. The routing will cross his property but the location has not been established. Recently he received notice from the City to build a fence around the property encompassed by the wrecking yard and he did not want to include the proposed roadway. The Council agreed that the purchase of any rightb£ -way was possibly six months- to one year in the future. Since the ordinance requiring the construction of a fence set a ninety (90) day time limit and this time will expire September 11th, Councilman Kloesel moved to waive the requirements of the ordinance regarding the property of Mr. Pease until a decision has been reached by the engineers on the exact location of the proposed intersection of -Commerce Street with South Main Street. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker - Nays: None Recommendation Police Chief Location New Police Station City Manager Voelkel introduced and read a memorandum from the Chief of Police regarding the location of the new police building which was approved in the 1969 bond issue. Two possibilities were mentioned: (1) locating the building on 4840 Minutes, August 27, 1970 the property where the City Hall is located, and (2) locating on the four (4) acre tract located on North Main Street which is owned by the City. He recommended the North Main Street location because of easy access to most sections of town and the projected growth in this direction. Councilman Kloesel preferred the appointment of a Committee of Citizens composed of five or seven members to make the selection and gave his reasons for this line of thinking. Councilman Cannon introduced the former proposal of locating a fire station on the acreage. He asked if any legal problems would be encountered if the site was used for a police administration building. City Attorney Laughlin stated that it was a negotiated sale but he is not sure of the nature of the funds. This would be investigated, however, it is probable that the land was purchased for locating municipal buildings and may not be limited to any one building or department. Unless there is some legal reason i prohibiting the locating of the administration building on this site, Councilman Kelley moved to approve this site for the new Police Administration building. Councilman Cannon seconded the motion. Councilman Kloesel opposed the decision and preferred the appointment of a Committee with location being near the Civic Center Site. He then moved that the decision be tabled until the next regular meeting, but it was declared dead for lack of a second. Councilman Stasney then moved to call the question and end debate. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: Councilman Kloesel Mayor Walker then called for the original motion to approve the 4 -acre site unless legal reasons prevent the construction. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: Councilman Kloesel Expand - Charter Study Committee - Three Members Councilman Stasney moved to expand the Charter Study Committee by three additional members who will be named at the next regular meeting. Councilman Kelley seconded the motion. The vote follows: 7 Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Kloesel - Reconsideration of the Council's Expense Account Councilman Kloesel reported that some preliminary study had been given to the question of the Council's expense account. However, no definite statement has be been prepared as the subject was still under study. In order to clear up any mis - underatanding which now exists, Councilman Stasney moved to appoint a Committee to re -study the action of the Council - relative to the approved car allowance. Council- man Kloesel seconded the motion. Councilman Hullum suggested that this question be handed to the Charter Committee and let them come back with a recommendation, and then put it on the ballot with the order charter changes. Councilman Kloesel stated that he felt there was a need for an immediate ruling, and Mayor Walker concurred with this line of thought. B. B. Williams stated that no new charter committee could change the wording of the original charter until it is voted on by the people. His group came expecting an answer at this meeting and he stated that the present charter is going to be honored or an election will be held which will adopt a Mayor form of government for Baytown. Councilman Stasney moved for previous questions and to end debate. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: Councilman Cannon Mayor Walker then called for the previous question to appoint a Committee to re -study the action of the Council. 9he vote follows: Ayes: Councilmen Kloesel, Hullum, and Stasney Mayor Walker Nays: Councilmen Evans, Cannon, and Kelley The motion passed and Mayor Walker named Councilmen Stasney and Kloesel to the Committee to make the study. Minutes, August 27, 1970 4841 Amendment to Council Procedure - Conducting Meetings Councilman Stasney referred to the lengthy presentation made at the August 13th meting and conmiented upon the apparent unfairness to others who wanted to appear on the agenda. He pointed out that he had no intention of limiting any citizen who wanted to come before the Council and speak at any length, however, to show courtesy to others who are appearing he moved that the Council adopt a policy of limiting comment from people who appear before the Council to fifteen (15) minutes, then table that subject until the end of the printed agenda and then reopen comments on the subject matter. Councilman Kloesel objected to this procedure. He felt that the Mayor should solve this problem and in his opinion it was corrected at this meeting. He expressed hope of the Council continuing to operate on an informal basis. Councilman Cannon and Hullum agreed with Councilman Kloesel. Councilman Stasney then moved to amend the original motion such that the Council as a whole can approve waiving the fifteen (15) minute limit. Council- man Kelley seconded the motion. Councilman Hullum preferred leaving it open until it occurred again. Mayor Walker called for the vote on the amendment. The results follow: Ayes: Councilmen Stasney, Cannon, and Kelley Mayor Walker Nays: Councilmen Kloesel, Evans, Hullum Mayor Walker then called for the original motion plus the amendment to waive the fifteen (15) minute time limit if the Council so desires. The vote follows: Ayes: Councilmen Stasney and Kelley Nays: Councilmen Kloesel, Evans, Hullum, and Cannon Mayor Walker League of Woman - Council Room Candidates for School Board Councilman Kloesel moved to make the facilities of the Council Chamber avail- able to the League of Women Voters on the evening of September 22nd for the purpose of interviewing the candidates for the Goose Creek Independent School Board. Councilman Hullum seconded the :ration. The vote follows: Ayes: Councilmen Kloesel, Evans, Hull=, Stasney, Cannon, and Kelley Mayor Walker Nays: None Clarification Beaumont Street Improvement The Council reviewed the comparison costs to the improvement of Beaumont Street. The total project cost is $23,982.25 and the distribution is broken down as follows: 1. Distribution 2/3 total paving, curb, and gutter to developer $10,520.77 1/3 same plus drainage to city 13,460.68 11. 2/3 of 31' residential street paving and gutter to developer 10,363.72 1/3 31' street paving, plus addition 10' of paving & drainage to city 13,618.39 111.2/3 of 31' residential street, with curb &,gutter to developer 8,945.08 - 1/3 of Same and drainage to city 15,037.57 Councilman Stasney moved to adopt item No. 2. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hull=, Stasney, Cannon, and Kelley Mayor Walker Nays: None Cancellation Extended Contract - Haul Stalled and Abandoned Vehicles The Council received a letter from James J. Stipe of the Stipe Wrecker Ser- vice notifying the City of its cancellation of an extended contract to haul stalled and abandoned vehicles effective as of September 10, 1970. Meeting - Brownwood Civic Association - Baytown Civic Center September 14 Mr. J. C. Beardsmore, representing the Brownwood Civic Association, ex- tended an invitation to members of the Council to attend a meting of the Civic As- sociation, together with Frank Booth, an Austin Attorney, who will represent the Brownwood Association in its suit on the subsidence problem.. The meting will be held Monday, September, 14th, in the Civic Building. 4842 Minutes, August 27, 1970 , Resolution - Urging Highway Department Proceed Plans Bridge Crossing Houston Ship Channel Councilman Kelley moved to adopt a resolution setting forth the need for a bridge crossing the Houston Ship Channel in the vicinity of the Baytown- Laporte Tunnel and urging the Texas Highway Department to move forward with the proposal, and soliciting the support of the Commissioners' Courts of Harris and Chambers Counties in this request; resting the Highway Department to determine if personnel employed at Tunnel are being used best advantage directing traffic. Councilman Kloesel seconded the motion. Ayes: Councilman loesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 289 AN UNANIMOUS RESOLUTICN OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, URGING THE TEXAS HIGHWAY DEPARTMENT TO PROCEED WITH PLANS FOR A BRIDGE CROSSING OF THE HOUSTON SHIP CHANNEL ON STATE HIGHWAY 146; URGING HARRIS COUNTY, CHAMBERS COUNTY, THE CITY OF LAPORTE, AND THE GREATER BAYTOWN CHAMBER OF COMMERCE TO JOIN IN THE EFFORT, REQUESTING THAT THE TEXAS HIGHWAY DEPARTMENT DETERMINE IF PERSONNEL AS- SIGNED TO DUTY AT THE BAYTOWN- LAPORTE TUNNEL ARE BEING USE TO BEST ADVANTAGE, DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THIS RESOLUTION: DIRECTING THE CITY MANAGER TO FORWARD CERTIFIED COPIES OF SAME TO THE HIGHWAY DEPARTMENT, COUNTY OF HARRIS, COUNTY OF CHAMBERS, CITY OF LAPORPE, AND GREATER BAYTOWN CHAMBER OF COMMERCE, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Administration - Study Corrosion Water Pipes The Administration was instructed to conduct a study into the availability of any chemicals that may be added to the system to alleviate the corrosion in the water pipes. I Terry Dopson - Report Historical Committee Terry Dopson, reporting for the Historical Committee, gave a summation of hhe study conducted by Don Cooke, Mr. Jones, and Mr. Dopson on the cost of four (4) wall and two (2) table cases to be located at the Civic Center and used by the His- torical Committee in the display of artifacts and other historical data of Baytown. Bids were solicited and the tabulation follows: Storage Room (1) $272.00 (2) $573.00 (3) $900.00 Six (6) Cases (1) 1870.00 5000.00 4048.47 Councilman Stasney moved to table any action upon the subject until the budget is reviewed and it can be determined if funds are available. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilman Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Councilman Evans -Bank Depository Contract Councilman Evans reported that as a Committee of one he had contacted all of the banking institutions and asked ideas which will be agreeable to all of the institutions and will aid the City in its solicitation of depository contract bids in 1971. Budget Review Sessions The Council will begin the review of the proposed 1970 -71 budget, Tuesday, September 1, 1970. The meetings will be held in the Council Chanter from the hours of 7 through 9 Tuesday through Friday. If necessary, the review will continue into the next week. The Mayor will appoint a Salary Committee to conduct a study of employee salaries in conjunction with the budget review. Adjourn There being no further business r come before the cow ll, me mtuon was made and sec= ed that the meeting adjourg.. The ayes e a s and thg M #y4r declared th eeJting ad��° _ae ATTEST: G`'� -A� l�J�l�o -ln% Gl ,47e cer, Ma "o Edna Oliver, City Clerk _ /W Aonmvedc William R. Lauchlin Citv Atli ito , -a..