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1970 11 18 CC Minutes4874 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 18, 1970 The City Council of the City of Baytown, Texas met in regular session on Wednesday, November 18, 1970 at 5:30 p.m., in the Council Room of the Bay- town City Hall with the following members in attendance: Ted Kloesel David Evans Don M. Hullum Leonard W. Stasney Allen Cannon Lamar Kelley C. Glen Walker D. R. Voelkel Howard F. Northcutt W. R. Laughlin Edna Oliver Councilman Councilman Councilman Mayor Pro Tem Councilman Councilman Councilman Mayor City Manager Administrative Assistant City Attorney City Clerk The Mayor called the meeting to order and the Invocation was offered. He then called for consideration of minutes for regular meeting on November 5th. Councilman Stasney moved to approve the minutes as submitted in written form. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Clarification - Proposed Telephone Rate Increase Al Chappel, District Manager of General Telephone of the Southwest, appeared before the Council to clarify the proposed rate increases which will become effective as of December 1, 1970. Since no mention was made relative to the modification of rates of the key system at the October 22nd meeting, Mr. Chappel asked to reopen the issue at this meeting discuss the rates, what changes are involved and provide the Council with an opportunity to ask any questions. Restruction of the key system rate was not only designed to in- crease revenue, but to provide a uniform method of billing which Baytown has not had heretofore and to symplify the billing process. The Common Control Key System has a larger capacity than the Self Contained System although they are similar in some features. The Self Contained System is limited to three lines, has a manual intercom, does not have "wink hold" and does not require Common Control equipment. The rates for the Self Contained System are less-than the Common Control Key System. Under the old method the.self Contained System, with two lines and four telephones, the rate was $55.70; the new rate $56.50 - with two lines and three telephones the old rate was $45.40; the new rate $49.25 - with one line and four telephones the old rate is $33.90; the new rate is $37.00. On the Common Control Key System with ten lines and ten telephones on the old method the rate was $298.50; the new rate $294.00; with three lines and eleven telephones the old rate was $125.50; the new rate is $122.00; with two lines and four telephones the old rate was $62.20; the new rate is $73.00; with three lines and seven telephones the old rate was $96.05; the new rate is $106.00. It was pointed out that these rate changes were not being granted by the Council as the Council has no control over these rates. Mr. Chappel is giving the report so that the Council will be informed of the proposed changes as of December, 1970 due to the cost of additional equipment to implement the proposed upgrading. Mr. Chappel concluded his report with the statement that customers are being contacted relative to the change in rates. Should a customer now being served from a Common Control Key System decide that he can use the Self Contained System, the change over will be made at no charge to the customer. Minutes, November 18, 1970 4875 Resolution - Establishing Paving Assessment Policy The Council considered the resolution establishing a uniform procedure for assessing property owners for major street improvements to streets abutting their properties. Councilman Stasney wanted some division between the resi- dential property owner vs the commercial property owner. Since Baytown is unzoned, he felt that many residential areas are potential commercial areas and in his opinion commercial areas should bear the greater cost of the improvements since they will receive a greater benefit from the improvements. He suggested an amdndment which would allow a residential property owner to pay a lower rate until he converts his property into commercial. The City could then require back payment of the incremental costs between residential and commercial. Fol- lowing some further discussion, Councilman Stasney moved to amend Resolution 302 to adapt such a system of residential exclusions with rebates as the resi- dence is sold for commercial purposes. The motion declared dead for lack of a second. Councilman Kelley moved to adopt Resolution 302 providing a uniform street assessment procedure. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley Mayor Walker Nays: Councilman Stasney The caption of the resolution follows: RESOLUTION 302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN PROVIDING FOR A UNIFORM STREET ASSESSMENT PROCEDURE FOR MAJOR IMPROVEMENTS TO ALL STREETS WHICH ARE IMPROVED WITHIN THE CITY LIMITS UNDER PROPERTY OWNER ASSESSMENT PPOCE DURES: PROVIDING FOR THE EFFECTIVE DATE HEREOF. Recommendation - Library Advisory Board - Restructure The City Manager reviewed a request from the Baytown Library Advisory Board to increase its membership from five (5) to seven (7) members and to limit service on the board to three ( 3) consecutive terms. It is thought that this would be more conducive to better operation of the board and afford a better percentage of having a quorum present at the meetings. He also called their attention to that part of the present ordinance which provides that the City Manager appoint the board members with approval of the City Council. He requested that the ordinance be revised so that the membership would be ap- pointed by either the City Manager or the City Council. Following some discussion Councilman Kelley moved to create a seven (7) man Advisory Board membership and the Council make the appointments. Councilman Kloesel seconded the motion. Councilman Stasney stated that the operation of the library is basically administrative and the chief administrator is the City Ma"na -ger, and was curious as to why the Council should become involved in ad- ministrative matters. Councilman Kloesel stated that he felt that boards are a good communication link between the council and citizens. The Librarian, Mrs. Flora Wilhite, was asked some questions following which Councilman Stasney moved to amend the original motion to maintain the present policy of appointment. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney Mayor Walker Nays: Councilmen Kloesel, Cannon and Kelley The Mayor then called for a vote on the original motion as amended. The vote follows: Ayes: Councilmen Evans, Kloesel, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None The City Manager suggested two (2), two (2) and three (3) year terms as opposed to the present four (4) and three (3) year terms. Councilman Hullum 4876 Minutes, November 18, 1970 moved to accept the recommendation of the City Manager. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None The Council also approved the suggestion to limit service on the board to three (3) consecutive terms. This stipulation will be included in the amended ordinance. Report - Request to Appear Before Texas Water Quality Board Mr. Voelkel reported that the City of Baytown has been directed by The Texas Water Quality Board to appear at the next meeting on the morning of Friday, November 20, so that members of the board may review the causes for apparent noncompliance and what actions are being taken to bring the City into compliance. The Administration and engineers under contract with the City under the bond program have held several meetings to discuss some method of abatement of the infiltration of surface water into the City's sanitary sewer system and the proposed modification to the Craigmont Treatment Plant. On the abatement of filtration, he proposed the assignment of a crew of five who would work in this area only. They would perform the smoke test and start immediately cor- recting any significant problem of infiltration. This would be a continuing service as the present needs could not be accomplished in one or two years and as the city grows other needs will become evident because of the shifting of the soil and the problems created by quicksand. The extension for salaries would be approximately $34,000.00 and $14,500.00 for equipment. Following other discussion, Councilman Stasney moved to authorize the City Manager to proceed with the plans as outlined to reduce the infiltration of surface water into the sanitary sewer system. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Mr. Voelkel further stated that the Craigmont Treatment Plant is the only plant operating outside our permit. The City has three alternates. First, to abandon the plant and replace with either a temporary or permanent plant of at least 350,000 gallon capacity, or secondly, eliminate the existing plant and add a 225,000 gallon single unit, or thirdly, leave the existing plant and add to it in multiples of 50,000 gallon units of a temporary or movable nature. The Administration favored the third alternate since it is not known how many additional homes, housing units, etc., will be served by this plant. The 50,000 gallon units could be added for approximately $20,000 while the larger would be $80,000 and more. Too, should the development exceed the one 50,000 gallon unit additional units could be added during the interim at a small cost to the developer. The engineers and members of the staff making the study feel that the present plant could be upgraded for from $6,000 to $10,000 and perhaps take care of all of the present load plus those units now under permit with the City with the use of additional chemicals. Then, as the need arises, the 50,000 gallon units can be added for approximately $20,000.00 until the permanent facility is completed on West Main and the larger trunk mains installed. r1he temporary units will not be a loss, they can be salvaged. He asked for authorization to tell the Water Quality Board that the City will renovate and add chemical treatment to the existing 140,000 gallon plant at Craigmont, and as the necessity arises, to add increments of 50,000 gallon. Councilman Stasney moved to declare an emergency and authorize the engineers to proceed with plans and specifications for the chemical treatment facilities and expansion of the Craigmont plant and to rescind the action taken last week directing them to prepare specifications for a temporary unit. Council- man Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Minutes, November 18, 1970 4877 Memorandum - Proposed Increase Dwelling Tapping Charge Mr. Voelkel referred to his memorandum which gave a brief report on the Administration's study of alternatives available in providing temporary sewage treatment facilities and in the frame and cost therefor. The Council has dis- cussed the possibility of charging the developers in an area where the present load of sewage treatment facilities is at or above the capacity, a special charge for the city's requirement to provide temporary facilities pending installation of permanent improvements under the bond program. He suggested adopting pro- cedures so as to require all new development to help pay the cost of the city's requirement to expand treatment facilities. Heretofore no charge has been made on developer with regard to the provision of the treatment plant itself. He re- commended that the Council adopt provisions which would require a developer to pay an amount per dwelling unit to help defray the city's cost of providing increased treatment facilities. This agreement would be made at the time a plot is approved with regard to a subdivision or a building permit is issued with regard to a multi -unit dwelling project. Based on tentative estimates, he re- commended that the fee be set at $120.00 per dwelling unit. From and after the effective date of the ordinance all persons tapping into the sewer system, whether multi- family projects or single family residences, will be required to pay this charge. Councilman Stasney moved to direct the City Attorney to prepare such an ordinance. Councilman Kelley seconded the motion. Following some discussion, Councilman Stasney moved to table action upon the proposal until the next re- gular meeting. Councilman Kloesel seconded the motion. The vote follows: * Mayor Walker excused from meeting. Councilman Hullum serves as Mayor Pro Tem. Ayes: Councilmen Kloesel, Stasney, and Cannon Mayor Pro Tem Hullum Nays: Councilmen Evans and Kelley Emergency - Repairs Water Well No. 4 The Council reviewed the need for an emergency repair of water well No. 4 which went out of service due to a broken and twisted shaft. All of the C equipment will have to be replaced with the exception of the motor. Instead of replacing with a 750 gallon pump, it has been recommended that a 500 gallon pump be installed. Two bids quotations have been received and are listed as follows: Layne -Texas Company Texas Waterwells, Inc. $3,850.00 $4,000.00 It was the recommendation of the Administration that the Layne -Texas bid pro- posal be accepted. Councilman Kloesel moved to declare an emergency and to accept the bid proposal of Layne Texas Company for the repair of water well No. 4. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Kloesel, Stasney, Cannon and Kelley Mayor Pro Tem Hullum Nays: None Councilman Kloesel requested the Administration to give a status re- port on the water well on East James Street at the next meeting. Standard Color - City Vehicles The Council discussed a color scheme for city owned vehicles. Council - man Stasney moved to establish a city wide color code, excluding fire trucks, construction equipment and garbage trucks, of blue with a white door. Council- man Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Stasney, Cannon and Kelley Nays: Councilman Kloesel Mayor Pro Tem Hullum 4878 Minutes, November-18, 1970 Ordinance - Unlawful Parking Vehicle Right of Way Certain Purposes Councilman Kelley moved to adopt an ordinance amending the code of ordinances to make it unlawful for any person to park or stand a vehicle on any public right of way for the purpose of displaying it for sale, or washing, greasing, filling with gas or repairing a vehicle except by an emergency. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Kloesel, Stasney, Cannon and Kelley Mayor Pro Tem Hullum Nays: None 7 The caption of the ordinance follows: ORDINANCE NO. 1049 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, BY AMENDING SECTION 18 -115 THEREOF, SO AS TO MAKE IT INLAWFUL FOR ANY PERSON TO STAND OR PARK A VEHICLE FOR CER- TAIN PURPOSES UPON OR WITHIN ANY PORTION OF PUBLIC RIGHT OF WAY; PROVIDING FOR A PENALTY NOT EXCEEDING TWO HUNDRED ($200.00) DOLLARS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Discussion Ordinance - Revise Southern Standard Building Code - Three Story Dwelling Units The Council discussed the contents of an ordinance which would amend the code of ordinances to revise Section 404,.4 of the Southern Standard Building Code to adopt the group "A" Residential Occupancy to permit three story dwelling units. This will increase the density, but the Council can control it if den- sity standards are adopted. The Council was reluctant to adopt such an ordinance without some density standards. Councilman Cannon moved to table further action on the proposed ordinance until the next meeting, when both will be considered, density standards and three story dwelling units. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon and Kelley Mayor Pro Tem Hullum Nays: None Approve - Acceptance Eighteen Year Old - Volunteer Fire Department Councilman Kloesel moved that eighteen year olds be accepted as members of the volunteer fire department. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon and Kelley Mayor Pro Tem Hullum Nays: None Reconsider Policy - Association Deductions Councilman Kloesel moved to reconsider the action taken at the last meeting relative to non - recognition and /or dues check -off for any labor union. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel and Evans Nays: Councilmen Stasney, Cannon and Kelley Mayor Pro Tem Hullum Correct Action - Hire Five New Patrolwomen At the November 5th meeting Councilman Cannon recommended the hiring of six new school patrolwomen. At this meeting he stated that only five were needed and corrected his former recommendation. r Minutes, November 18, 1970 Miscellaneous 4879 The Council discussed several projects such as street improvement contract approved in August, 1970, the city's own street program, additional personnel to complete projects, etc. and asked the Administration to be pre- pared to give some target date for the completion of the various projects in- cluded in the budget, to bring the Council up to date and keep informed as to what must be done. The Council expressed some dissatisfaction over the recent statement 77 concerning the sale of bonds in February, 1971. The Mayor, City Manager and City Attorney had met with the City's fiscal agent, Tom Masterson earlier in the month and this information was released to the press without council know- ledge of the meeting. They stressed that each one has a concern in the bond sale and they want to be informed of any meeting which is held for the purpose of discussing the sale of bonds. Committee Reports Councilman Cannon made a motion to allow no parking the entire length of Ward Road from North Main to Kilgore Road with one exception on the north side, between Houston and North Main. This to be restricted parking between the hours of 7 a.m. - 9 a.m. and 3:30 p.m. - 7:00 p.m. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon and Kelley Mayor Pro Tem Hullum Nays: None Councilman Cannon made a motion to allow no parking on both sides of West Main from Lee Drive west to Goose Creek Stream. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon and Kelley Mayor Pro Tem Hullum Nays: None Councilman Cannon asked that the Council study the proposed OFF- STREET PARKING Ordinance and be prepared to take some action upon it at the next re- gular meeting. Councilman Kelley called a meeting of the Landfill Operation Study Committee for Monday, November 23rd - 5:00 p.m. Councilman Stasney called a meeting -of the Salary Committee for December 2 at 5:00 p.m. Appointment - Planning and Zoning Commission Councilman Kelley moved to accept the recommendation of Mayor Walker to appoint Mack A. Holland, Jr. to the Baytown Planning and Zoning Commission for the two ensuing years. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon and Kelley Mayor Pro Tem Hullum Nays: None Adjourn There being no further business to come before the council, the motion j was made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor Pro Tem declared the meeting adjourned. 6.2 C,4� C. Glen Walker, Mayor ATTEST: APPRO D/: Edna Oliver, City Clerk William R. Laughlin, City Attorney