1970 10 22 CC Minutes4860
MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
October 22, 1970
The City Council of the City of Baytown, Texas met in regular session on
Thursday, October 22, 1970 at 6:30 p.m., in the Council Room of the Baytown City Hall
with the following members in attendance:
Ted Kloesel
David Evans
Don M. Hullum
Allen Cannon
Lamar Kelley
C. Glen Walker
D. R. Voelkel
Howard Northcutt
W. R. Laughlin
Edna Oliver
Absent: Leonard W. Stasney
Councilman
Councilman
Councilman and
Mayor Pro Tem
Councilman
Councilman
Mayor
City Manager
Assn't City Manager
City Attorney
City Clerk
Councilman
The meeting was called to order by Mayor Pro Tem Hullum. The Invocation
was offered, afterwhich he called for the minutes of the regular meeting on October
8. Councilman Kelley moved to approve the minutes as submitted in written form.
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Cannon, and Kelley
Mayor Pro Tem Hullum
Nays: None
Councilman Kelley then moved to approve the minutes of the executive
meeting on October 8, as submitted in written form. Councilman Evans seconded the
motion. 'The vote follows:
Ayes: Councilmen Kloesel, Evans, Cannon and Kelley
Mayor Pro Tem Hullum
Nays: None
Ralph Powell - Station No. 5 - Volunteer Fire Department
Ralph Powell, representing Volunteer Fireman of Station No. 5, brought
two (2) pressing items to the attention of the Council. First, the possibility
of the old fire station building being withdrawn from public use because of the
terms of an agreement with the Brown Estate which stipulated that the property
would revert to the original Owners, or heirs, or assigns should its use and
maintenance as a fire station be discontinued. Under the present mode of operation
the terms of the agreement are not being kept. They are: (1) equipment must be
maintained . and moved during a fire; (2) whistle most sound for all fires; (3) sign
must be displayed indicating this building is a fire station; and (4) station &
grounds =at be maintained in an orderly manner. Mr. Powell stated that the vol-
unteer firemen could give assistance to comply with the fourth requirement but the
City must give some assistance to meet the requirements of the first three. The
Administrators, Eddie Cox and Rice Brown, have considered taking this property
back into the estate, but agreed to allow its continuance as a fire station if the
terms are met. He pointed out, however, that the building is being used by other
civic groups in the Wooster area, such as Boy Scouts, Girl Scouts, Lion's Club of
Wooster, church groups and various ladies groups and serves as a mini -civic center
in conjunction with the fire station. Second, the acceptance of minors as volunteer
firemen when a minor's release accompanies the application. Several applicants have
been interviewed and would make good firemen if approval is granted by the Council.
City Attorney Laughlin stated that the State Civic Service permits the hiring of
eighteen year olds, however, but the local Civil Service rules specify twenty -one
year olds. He was of the opinion that the Council should indicate its willingness
to the acceptance of the eighteen year olds. Councilman Kloesel expressed his
willingness for the acceptance of eighteen year olds into the volunteer fire
department. The other councilmen offered no objections and Mayor Pro Tem Hullum
asked the Administration to researce each point and be prepared to make a report
at the next meeting, regular or special.
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Minutes, October 22, 1970 9861
Report - Chief of Police Request for Load Zone West Texas Avenue
City Manager Voelkel introduced and read an inter - office memorandum from
John B. Wilkinson, Chief of Police requesting denial of a request to designate a
truck loading zone in front of 109 -113 West Texas Avenue. The memorandum stated that
Texas Avenue was not wide enough to safely allow a parking area for large vehicles,
such as truck vans and /or truck tractors. Dough - Tallent, the merchant who re-
quested the loading designation, stated his reasons for making the request. His
building will be used as a warehouse for carpeting and the larger rolls are heavy
and hard to handle from the Commerce Street loading zone. Following a lengthy dis-
cussion, Councilman Kelley moved to refer the request to the attention of the
traffic Committee and grant them the power to make the final decision upon the re-
quest. Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Cannon, and Kelley
Mayor Pro Tem Hullum
Nays: None
Consider Employee Hospitalization Insurance Program
Mayor Pro Tem Hullum reported that the Insurance Committee appointed by
the Council has received and evaluated different type insurance programs and will
now meet with an insurance committee composed of city employees from each depart-
ment. Each program will be reviewed and discussed by the joint committees and it
is hoped that one of the programs will be approved. It will then be recommended
to the Council for adoption. Since the timing is uncertain, the City Manager
stated that some action should be taken by the Council at this meeting. The pre-
sent carrier, BMA, has given an adjustment in the rates effective as of November
1, however, the representatives informally indicated the company would try to
allow continuation at the old rates for an additional month or two. Mr. Voelkel
suggested the Administration be authorized to meet with representatives of the
present carrier for confirmation of continued coverage under the present rates,
and, if not, to negotiate some reasonable increase, up to the rates given, until
a decision can be made by the two committees. Councilman Evans, a member of the
Council's Insurance Committee, stated he felt the company was justified in the
rate increase requested. Councilman Kloesel made a motion to authorize the ex-
tension not to exceed two months, at the present rate and if carrier is unwilling
notify the Council and adjust rate at the next meeting, regular or special. The
motion was declared dead for lack of a second. Councilman Evans than made a
motion to allow the Administration to continue coverage with the present carrier
at the rate requested, during the period of Committee review, if this is the
best rates the Administration can negotiate. Councilman Cannon seconded the
motion. the vote follows:
Ayes: Councilman Evans, Cannon and Kelley
Mayor Pro Tem Hullum
Nays: Councilman Kloesel
Mayor Walker arrives at meeting.
Postpone Action - Resolution Granting Taxing Authority - Gulf Coast Waste
Disposal Authority
Following a discussion on the recommendation of the Baytown Environmental
Advisory Board that the City Council endorse the proposition granting taxing
authority to the Gulf Coast Waste Disposal Authority, Councilman Kelley moved to
postpone action until the next meeting, special or regular. Councilmen Kloesel
seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
Bids - Installation Traffic Signals at Narcille Street and Ward Road
Bids were received on the installation of traffic signals at Narcille
and Ward Road. They are tabulated as follows:
Vornsand Enterprises, Inc.
$1,959.00
10
working
da
Pfeiffer- Gambrell, Inc. -
$1,559.00
10
working
da
Baytown Industrials Corps.
$2,900.00
10
working
da
It was the recommendation of the Administration that the low bid be accepted.
Councilman Kloesel stated that he felt the workmanship of Pfeiffer- Gambrell would
4862
October 22, 1970 - Minutes
be superior since they werespecialists in the signalization installation. He concluded
with a motion that the bid be awarded to Pfeiffer- Gambrell, Inc. at a contract price
of $1,559.00. Councilman Hullum seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Hullum and Evans
Nays: Councilmen Cannon and Kelley
Abstained: Mayor Walker
Adopt Ordinance - Accepting Work of Improving South Main Street
Councilman Kloesel moved to adopt an ordinance accepting the work of im-
proving South Main Street, from the south line of Lot Seven, Block One, Harper Add-
ition to the north line of State Highway 146. Councilman Hullum seconded the motion.
The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1042
AN ORDINANCE ACCEPTING THE WORK OF IMPROVING SOUTH MAIN STREET
IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREINBELOW
DEFINED, UNDER A CERTAIN CONTRACT THEREFOR HERETOFORE ENTERED
INTO; FINDING AND DETERMINING THAT SUCH WORK AND IMPROVEMENTS
HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH CONTRACT AND THAT
THE CITY'S ENGINEER HAS SO FOUND AND HAS SO CERTIFIED TO THE CITY
COUNCIL, AND MAKING OTHER FINDINGS RELATED THERETO; AUTHORIZING
AND DIRECTING THE PAYMENT OF THE FINAL ESTIMATE AND THE ISSUANCE
AND DELIVERY OF CERTAIN SPECIAL ASSESSMENT CERTIFICATES IN
CONNECTION THEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
Report - Paving Assessment Policy - City Manager Voelkel
City Manager Voelkel gave a report and recommendation for the adoption of
a policy on the assessment of costs of construction, reconstruction, repairing and
realigning curbs, gutters and sidewalks within the city. He cited Article 1105b,
V.A.T.S., which authorizes cities to assess a portion of the costs of street im-
provements, including drains and culverts. He then reviewed the City's present
policy for the improvement of residential and commercial streets and concluded his
report with a recommendation that a policy be adopted whereby the abutting property
and owners thereof be assessed for the full cost of the curb and gutter and the
cost of other improvements apportioned among the parcels in accordance with the front
foot plan or rule based on ninety (90 %) percent of the actual cost to the city for
such improvements, up to the enhancement to the properties based on findings of a
competent appraiser. He also proposed that the interest rate for liens be at-the
current rate to the city up to eight(8 %) percent as provided by state statute.
Councilman Kloesel moved to authorize the City Administration to prepare a reso-
lution setting forth the street paving assessment policy as outlined for presentation
at the next meeting of the Council. Councilman Kelley seconded the motion. The
vote follows:
Ayes: Councilmen Kloesel, Hullum, Evans, Cannon and Kelley
Mayor Walker
Nays: None
Report - Request Teamsters Union for Union Dues - Grievance Procedure
Mr. Voelkel gave a report on the request of the Teamsters Union on dues
check -off and grievance procedure. Since the Charter provides that the City Manager
shall handle grievances of the personnel and Article 4.11 in the Personnel Policies
Ordinance provides a procedural channel for handling grievances, Mr. Reeves, the
Teamsters Union's Business Manager, was given a copy of the Personnel Policies and
told that these provisions would be followed. Mr. Reeves submitted 31 cards signed
by city employees authorizing the city to withhold Teamster Union dues from their
salaries. He stated that such deductions can be processed in the same manner as the
city processes dues for the firemen's and policemen's associations. This procedure
is to submit a lump sum to each association representing the number of members, with-
out verifying or listing the names. Mr. Reeves felt that such a system would not sat-
isfy the operational procedure of his union. Mr. LeFevre estimated that a
October 22, 1970 - Minutes 4863
verification would take an additional 3 or 4 hours of payroll preparation time;
however, there is no appreciable operational cost for handling withholdings as is
being done for the firemen and policeman. The state statutes provide that the
government body of a city may authorize a program of this type. This legislation
was passed to the enabling legislation, there has been no record found as a basis
for the authority to make such withholdings. It would appear that the city council
must determine a policy. It is unlikely there could be justification for contin-
uing to withhold for firemen and policemen and refuse to withhold for other employees.
Councilman Cannon moved to accept the report as submitted. Councilman Hullum
seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
Councilman Kloesel then moved to continue with the present policy of
accepting the dues deduct as authorized by the individual, deduct same, and for-
ward to the association involved. The motion died for lack of a second. A study
will be made and a report given at the next regular meeting of the council.
Committee Reports - Telephone Company
Councilmen Kelley, Chairman of the Council's Utility Committee, reported
that General Telephone will increase its present service charge rates effective as
of December, 1970, these are rates which the city council has no control over.
However, General Telephone has agreed that there will be no increase in base rates
of telephone service until, at least, 1972. The proposed schedule of charges
follow:
Residential Business
Minimum Service Charge (Each visit) $ 5.00 $ 6.00
Establish Main Stations or PBX Trunks (Each) 7.50 12.00
Move Main Stations; From one premise to another (ea) 7.50 12.00
On the same premise or inside the same bldg. (ea) 5.00 6.00
Establish extensions or PBX Stations (ea) 6.00 6.00
Move extensions or PBS Stations
�. From one premise to another (each) 5.00 6.00
On the same premise or inside the same bldg (ea) 5.00 6.00
Move Turrets, Switchboards or Swithcing Equip
Located on Customer's Premise Cost Cost
Change Telephone Instruments (each) 1.00 1.00 (R)
Service Call: Due to impairment of service caused
by customer provided equipment or facilities 10.50 10.50
Kloesel - Reappoint - Richardson City Recorder
Councilman Kloesel moved to reappoint Neel Richardson as City Recorder
for the two ensuing years, appointment to be retroactive to October 1, 1970.
Councilman Evans seconded the motion. The vote follows:
Ayes: Councilmen Evans, Kloesel, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
Cannon - Traffic Committee - Signalization of RR Crossings Parking Meters Post Office
Councilman Cannon, reporting for the Traffic Committee, submitted an oral
resume of the Committee's study relating to signalization of dangerous railroad
crossings within the city limits. The committee has proposed that the city bear
258 of the cost and the railroad company 758 of the cost. However, he proposed
that the Cedar Bayou, Massey- Tompkins and Bob Smith Road crossings be signalized
at total cost to the railroad company, and future signalization needs be made on
the 25 -75 ratio. Councilman Kelley moved to approve the proposal of 1008 partici-
pation by the railroad company on the three crossings mentioned; and the 25 -75 ratio
for other crossing signalization needs. Councilman Evans seconded the motion.
The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
In order to eliminate some of the existing parking abutting the main post
office building, Councilman Cannon moved to re- install six (6) parking meters in
the post office area with a 15 minute time limit at a cost of $0.05 with a $2.00
fine for over - parking. Councilman Evans seconded the motion. The vote follows:
4864 Minutes, October 22, 1970
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley
Mayor Walker
Nays: None
The meeting date of November 2nd was set for the next Traffic Committee
meeting.
Approve Attendance City Personnel and Elected Officials - Texas Municipal League Meeting
Councilman Kloesel moved to authorize the expenditure for elected officials
and administration employees to attend the full program of the Texas Municipal League
meeting which will be held in Fort Worth on October 25, 26, and 27. Councilman
Hullum seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Hullum, Evans, Cannon and Kelley
Mayor Walker
Nays: None
Resolution - Endorsing Tax Non - Returnable Containers
Councilman Kloesel moved to adopt a Resolution endorsing the one cent tax
on non - returnable containers and urging interested agencies to join in the effort to
cause such legislation to become reality. Councilman Cannon seconded the motion.
The vote follows:
Ayes: Councilmen Kloesel, Hullum, Evans, Cannon and Kelley
Mayor Walker
Nays: None
The caption of the resolution follows:
RESOLUTION NO. 298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN FORMALLY
ENDORSING THE ONE CENT TAX ON NON - RETURNABLE CONTAINERS; AUTHOR-
IZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THIS
RESOLUTION; AND THE CITY MANAGER IS DIRECTED TO FORWARD A CERT-
IFIED COPY OF SAME TO THE HONORABLE CLYDE DOYAL, MAYOR OF THE
CITY OF PASADENA, TEXAS.
Three Additional Members - Charter Committee
Councilman Kloesel moved to approve the appointment of T. C. Saxon, C. E.
Stolhanski and Mrs. John Harding to the Charter Study Committee. Councilman Evans
seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Hullum, Evans, Cannon and Kelley
Mayor Walker
Nays: None
Water Billing - Suspend Penalty Late Payment
The Council discussed whether or not to continue with computer water billing
as they have been told by representatives of Automated Computer Systems, the firm pre-
sently processing the water bills, that its contract will not be up for renewal in
December. Following some discussion, Councilman Cannon moved to authorize the admin-
istration to talk with representatives of other firms who may be interested in submitting
a bid and be prepared to make a recommendation at the next meeting. Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley
Mayor Walker
Nays: None
Councilman Kloesel then moved to amend the code of ordinances to suspend the
penalty for late payment of water bills until the city can get current in its water
billing. Councilman Evans seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley
Mayor Walker
Nays: None
Minutes. October 22. 1970 4865
Delay - Filling Vacancy Charter Committee
The Council delayed filling the vacancy on the Charter Study Conmiittee caused
by Jack Huron taking an assignment in Montana with Humble. This will be considered when
Councilman Stasney returns from vacation.
Health Center Study Sought
Mayor Walker introduced and read a letter which had been addressed to the
attention of Charles Caldwell, Executive Director of East Harris County Community
Chest, informing him of the activities of the Citizens Committee for Comprehensive
Health Care Facility and seeking his support in the project. The federal government
is encouraging the establishment of the comprehensive health care centers in com-
munities such as Baytown and several agencies which relate to such a center are pre-
sently operating in inadequate housing with no central location. The Conmuunity
Chest was being asked to invest $500 so that an additional $4,500 may be obtained
from the Vocational Rehabilitation Commission to study the feasibility of establish-
ment of a comprehensive health care center in Baytown. Mayor Walker asked the Council
to support the request of the Citizens Comittee for a Comprehensive Health Facility.
Councilman Kloesel moved to approve the solicitation by the Citizens Committee from
the Community Chest in the interest of a Comprehensive Health Care Facility for
Baytown. Councilman cannon seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
Adjcurn
There being no further business to come before the Council, the motion was
made and seconded that the meeting adjourn. The ayes unanimous and the Mayor de-
clared the meeting adjourned.
a . "
ATTEST:
Edna Oliver, City Clerk
APPROVED:
Q
William R. Laughlin, City Attorney
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