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1971 01 28 CC Minutesr, A 4917 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 28, 1971 The City Council of the City of Baytown, Texas met in regular session on 'Thursday, January 28, 1971 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted Kloesel Councilman David Evans Councilman Leonard Stasney Councilman Allen Cannon Councilman C. Glen Walker Mayor D. R. Voelkel City Manager Howard Northcutt Adm. Assistant W. R. Laughlin City Attorney Edna Oliver City Clerk Absent: Don M. Hullum Councilman Lamar Kelley Councilman The Mayor called the meeting to order and the Invocation was offered by The Reverend Homer Whitaker, First Church of God. The Mayor then called for the minutes of the meeting on January 7, January 14, and special meeting and executive session on January 20, 1971. Councilman Kloesel moved to approve the minutes'on the January 7th meeting as submitted in written form. Council- man Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, and Cannon Mayor Walker Nays: None Councilman Evans moved to approve the minutes on the January 14th meeting as submitted in written form. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney and Cannon Mayor Walker Nays: None Councilman Evans moved to approve the minutes on the special meeting and executive session on January 20th as submitted in written form. council- man Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney and Cannon ` Mayor Walker Nays: None E. P. Evans - Southern Pacific Railroad - Signalization Three Crossings By invitation of the Traffic Committee, E. P. Evans, Southern- Pacific Railroad Superintendent, appeared before the Council to discuss the proposal of the Traffic Committee for the railroad company to bear the entire expense of installing flasher lights at three crossings, Cedar Bayou Road, Bob Smith and Massey - Tompkins Roads. As a result of a study conducted by the Traffic Com- mittee, a previous recommendation had been offered which designated the sig- nalizing of all dangerous railroad crossings within the city with the city participating in the cost by a 258 ratio to the company's 758, with the ex- ception of the 1008 participation by the railroad company on the three (3) crossings mentioned above. In conducting the study, the Committee felt that the railroad company had made no attempt in the last several years to sig- nalize dangerous crossings in Baytown except the Ward Road crossing, thus the and result the three (3) 1008 crossings participation by the Company. Recently a proposal has been received from Mr. Kirk which proposes a 50 -50 participation on all crossings including the three. Mr. Evans stated that he had no report to give other than the proposal submitted by the General Manager. This is the position the company has taken on the signalizing 4918 Minutes, January 28, 1971 since it feels that the users have some obligation. He mentioned some of the financial problems facing railroad companies throughout the nation and pointed out that the need for equal treatment in transportation costs. Councilman Cannon stated that the proposed cost for each crossing was $14,000 and, in his opinion, this is not a true figure since it includes $5,200 of the company's own labor and overhead charges which will not be confined to signalization alone. Councilman Kloesel, a second member of the Traffic Committee, concurred with the opinion of Councilman Cannon. Mr. Evans stated that he would take any proposal back to management that the Council had to offer, however, he was in no position to offer any solution other than submitted by management. Since the Company had pro- posed the 50 -50 participation, Mr. Evans stated that he could only take back to management the decision of the Council on the 25 -75 ratio. He was not at liberty to negotiate. Councilman Cannon made a motion to support the original recommendation of the Committee, and to instruct the City Attorney to prepare an ordinance, for presentation at the next meeting, amending the code of ordinances to require the railroad to signalize the three crossings previously mentioned at 100% their expense and in the future dangerous crossings to be signalized on the basis of the cost estimate of $13,086.00 with the City bearing 25% of the cost of each crossing. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney and Cannon Mayor Walker Nays: None A draft of the proposed ordinance will be given to the Traffic Committee for study prior to the passage of the ordinance. Mr. Evans requested two copies of the ordinance be forwarded to his office upon passage by the Council. Rowe - Thompson Road Utility District - Amend Resolution Establish Maximum Interest Rate Mr. Burrel Rowe, Attorney for the Thompson Road Utility District, was present to discuss his recent request for an amendment by the City of Baytown to its own consent ordinance, dated June 28, 1968, for the creation of the district and the restriction that the district could not sell bonds for less than 100% of their face value and could not bear interest at more than 6% per annum. Since that time interest rates have increased and, re- cognizing that districts could no longer sell their bonds, the City of Houston and other cities have amended their consent ordinance to permit a fluctuating interest rate. Hence, the request, on behalf of the district, for a similar amendment by the City of Baytown. On question by Councilman Kloesel,-Mr. Rowe stated that the bonds may be refunded after fifteen (15) years should the City annex the area and want a lower interest rate, as Utility District bonds usually carry a 2% higher interest rate than City bonds. Mr. Rowe also pointed out that the bonds cannot be sold until the plans have been approved by the City Council and a participation agreement could be drawn up for sanitary sewer treatment facilities in conjunction with the formulation of the Utility District's plans. Councilman Stasney moved to defer action on the request until the City and the Thompson Road Utility District execute a written agreement as to sharing of costs on the proposed treatment plant. Councilman Cannon seconded the motion. Fol- lowing some discussion the vote follows: Ayes: .Councilmen Kloesel, Evans, Stasney and Cannon Mayor Walker Nays: None Request B. F. Jeffrey - Transfer Certificates Safeway Cab Company The Council heard a request from B. F. Jeffrey for permission to transfer the taxicab certificates of the Safeway Cab Company from the name of E. L. Hart to B. F. Jeffrey. City Attorney Laughlin stated that the City Manager had asked for some information from the Company which would ordinarily satisfy the initial issuance of certificates by the Council. This would include such information as the financial responsibility, lia- bility insurance, type of vehicles, inspection, etc. Mr. Jeffrey was asked to meet with Mr. Voelkel and furnish him with this information then the Council will take action upon his request. Minutes, January 28, 1971 9919 Reverend Whitaker - Request Removal Salvage Operations Rear Church Property The Reverend Whitaker petitioned the Council, on behalf of his church, to remove a salvage yard which presently aborts the church property at the rear of the parsonage. Cars are stored less than forty -three (93') feet from the parsonage, the grounds are unsightly, and this type of business harbors rats, snakes, etc. I£ the City cannot have the salvage yard moved, he asked that some arrangements be made to hide the unsightly cars from the view of those attending the church. Mr. Voelkel stated that a limited permit had been issued for a period of thirty days, with the understanding that the owner would begin the erection of a fence,within two weeks and complete the fence within thirty days from the date of issuance. She had asked that she be allowed to erect an eight foot metal fence instead of a wooden fence as her husband is in the business of erecting metal -clad buildings and would be less expensive to her. This would require a waiver by the Council as the ordinance states an eight foot wooden fence. City Attorney Laughlin pointed out that the City is unable to enforce any type of land -use controls unless there are deed restrictions as the Courts have consistantly held in this _ State that if you do not have zoning, a City may not enforce land use con- trols by any other measure. All that can be done is under Police power, to require fencing. After hearing James Stipe, the City Manager enumerated the work that is presently being done to properly enforce the salvage yard ordinance by policing the areas and reporting those complying with the or- dinance and those in violation. The Council made no exceptions to the type fence and the Baytown Salvage operator will be instructed accordingly, as well as others who may be violating the ordinance. Election Ordinance - Councilmen and Mayor Councilman Stasney moved to adopt an ordinance ordering the muni- cipal election to be held on the 6th day of April for the purpose of electing three Councilmen and the Mayor. The Councilmen to be elected represent Districts 2,3 and 6 and the Mayor from the City -at- large. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney and Cannon Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1068 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF APRIL, 1971, FOR THE PURPOSE OF ELECTING THREE COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. TWO (2), THREE (3) AND SIX (6); AND THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; PROVIDING FOR ELECTION OFFICIALS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Adopt Ordinance - Controlling Placement Signs - Public Street Right of Way After discussing the contents of an ordinance exercising authority to control the placement of small advertising and political posters on public property, and particularly upon utility service poles, Councilman Stasney moved to adopt an ordinance providing for a $50 deposit for political N or advertising matters, removal of signs within a designated period, and excluding placing of any signs within any median, traffic circle, or in any place which would obstruct traffic within the City. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans and Stasney Mayor Walker Nays: Councilmen Kloesel and Cannon The caption of the ordinance follows: ORDINANCE NO. 1069 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 17, MISCELLANEOUS PROVISIONS AND OFFENSES, BY THE ADDITION THERETO OF SECTION 17 -9, SO AS TO MAKE IT UNLAWFUL TO POST, PLACE OR ERECT ADVERTISING OR POLITICAL POSTERS, .BILIS, PLACARDS OR OTHER SIGNS UPON PUBLIC PROPERTY WITHIN THE CITY 4920 Minutes, January 28, 1971 LIMITS OF THE CITY OF BAYTOWN, INCLUDING BUT NOT LIMITED TO THE POSTING OF SUCH ADVERTISING OR POLITICAL SIGNS UPON UTILITY SERVICE POLES WITHIN PUBLIC RIGHT OF WAY AND EASEMENTS; PRO- VIDING FOR A PENALTY CLAUSE; CONTINUING IN FORCE AND EFFECT THE PROVISIONS OF THE SOUTHERN STANDARD BUILDING CODE PERTAINNG TO SIGNS AND OUTDOOR DISPLAYS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Ordinance - Members and Terms of Office - Advisory Board (Library) Councilman Cannon moved to adopt an ordinance providing the in- crease by two additional members to the Library Advisory Board, their terms and their qualifications for appointment by the Council to the Board. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, and Cannon Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1070 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN TEXAS, BY THE AMENDMENT OF CHAPTER 2, ADMINISTRATION, ARTICLE II, BOARDS AND COMMISSIONS, DIVISION 2, LIBRARY ADVISORY BOARD, BY AMENDING SECTION 2 -26 THEREOF, REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Resolution - Conveying Tract of Land - Volunteer Fire Department Station No. 1 Councilman Kloesel moved to adopt a resolution directing the Mayor to execute, for and in the name of the City, a deed conveying a cer- tain tract of land to trustees for Baytown Volunteer Fire Department Station No. 1, and instructing the City Attorney to prepare an appropriate deed. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney and Cannon Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, AU- THORIZING AND DIRECTING THE MAYOR TO EXECUTE, FOR AND IN THE NAME OF THE CITY, A DEED CONVEYING A CERTAIN 0.228 ACRES TRACT OF LAND TO S. V. ROBBERSON, G. C. LANNOU AND B. B. ELLIOTT, TRUSTEES FOR BAYTOWN VOLUNTEER FIRE DEPARTMENT STATION NO. 1; INSTRUCTING THE CITY ATTORNEY TO PREPARE AN APPROPRIATE DEED FOR THE CONVEYANCE OF SAID PROPERTY; AND INSTRUCTING THE CITY CLERK TO ATTEST THE SAID DEED AND PLACE THEREON THE OFFICIAL SEAL OF THE CITY OF BAYTOWN. Resolution - Confirming the Dedication of a Portion of Nazro.Street Councilman Kloesel moved to adopt a resolution confirming the dedication of a portion of Nazro Street at its.intersection with the East right -of -way line of Lee Drive to the public, forever, for street purposes. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Kloesel, Stasney and Cannon Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE, FOR AND IN THE NAME OF THE CITY, AN INSTRUMENT CONFIRMING THE Minutes, January 28, 1971 4921 THE DEDICATION OF A PORTION OF NAZRO STREET; AUTHORIZING AND INSTRUCTING THE CITY CLERK TO ATTEST SUCH INSTRUMENT AND PLACE THEREON THE OFFICIAL SEAL OF THE CITY OF BAYTOWN The Council heard a request from a representative of the No. 3 Station Volunteer Firemen for improvement of a strip of Southern- Pacific's right- of-way directly behind No. Three (3) fire station as a training area for members of the station. It is presently used as a parking area. During training sessions, the volunteers are presently using Commerce Street at Pearce. To do this, Pearce Street has to be blocked and this causes an in- convenience on the part of those using the street. He suggested that an agreement be entered into with Southern - Pacific, the right- of-way in question be paved and a fire hydrant be installed. Mr. Voelkel suggested that a portion of the No. 2 Fire Station property be paved and this area be used for training sessions. Fallowing some further discussion, the Ad- ministration was advised to investigate the cost and then make a decision depending upon the most feasible route. Request - Transfer Funds - Parks & Recreation Department - Air Conditioning Repai. s City Manager Voelkel reported heating and cooling system in the Community Building has become critical and it is proposed that the thermostats be replaced. Moneys were not budgeted for this purpose but the trustee account has a carry -over in an amount sufficient to cover the cost which is estimated as $1,200.00. He asked the Council to authorize the work and amend the budget to cover the cost of the repairs to the system. Councilman Evans moved to authorize the work by Tisdale Heating & Air Conditioning Company The resolution covering the transfer to be drawn and presented at the next regular meeting. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney and Cannon Mayor Walker Nays: None Bids - Garbage Collection Bodies Bids on two garbage collection bodies were received and are tabu- lated as follows: Company Model Unit Price Net Bid Hobbs Trailers Hyd -Pak HRL- 100 -20 $4,865.00 (2) $ 9,730.00 Option: 2 cu. yd. hopper - No bid - Delivery 60 cal days after receipt of truck cab Garwood - Houston Truck Equipment Co. Garwood $5,225.00 (2) $10,450.00 Option: 2 cu. yd. hopper add $5..00 - Delivery 30 cal. days after receive of truck cab Davis Truck & Equipment Heil Mark III $5,325.00 (2) $10,650.00 Option: 2 cu. yd. hopper add $40.00 - Delivery 90 -120 cal. days after receipt of order Pak -Mor Manufacturing Pak -Mor RL2015 $5,400.00 (2) $10,800.00 Option: 2 cu. yd. hopper add $50.00- Delivery 30 cal. days after receipt of truck cab R. B. Everett & Co. Leach $6,695.00- (2) $13,390.00 Option: 2 cu yd hopper -NO bid - Delivery 30 cal. days after receipt of truck & chassis In reviewing the bids, the Council heard a report from both the Director of Public Works and the City's Purchasing Agent on the low bid for Hobbs Hyd -Pak Bodies. Mr. Morton told of the experience personnel of the garbage department had derived from the use of a demonstrator truck and body since receiving the bid. In each instance of use, the driver and his helpers were an hour or longer covering the route and it was the recommendation of Mr. Morton that this unit not be considered for purchase. Mr. Cooke reported that he had received fa- vorable comment from three governmental agencies which were using the Hyd -Pak body, each of whom had been given as reference by the salesman, but he received unfavorable comments from another city who had use the Hyd -Pak but was not given as reference. The sales representative was present and admitted that 4922 Minutes, January 28, 1971 the demonstrator had not operated properly. Following some further discussion, Councilman Kloesel moved to purchase two Heil Mark III bodies from Davis Truck and Equipment Co., plus the 2 cu. yd. hopper at an additional cost of $40 each. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney and Cannon Mayor Walker Nays: None Committee Reports Councilman Cannon reporting for Councilman Kelley who was un- able to attend the meeting, announced that a Utility Committee meeting would be held Monday, February 2at 5:00 o'clock p.m. Also, the Utility Committee has not been able to reach an agreement with General Tele. Co. on their request for an increase in rates in specified areas of service so Councilman Kelley has requested the Council to authorize the City Attorney to write a letter to officials of the Company directing them to roll back the rates they have increased which are in violation of the present ordinance. Councilman Kloesel was of the opinion that the request of the General Telephone Co. would keep the costs from the average resi- dential user and this action would possibly create a general increase. Councilman Stasney stated that he had attended many of the meetings and the Committee had asked for some assurance from the Telephone Company that no further increase would be forthcoming if the requested increase was approved. The company would not give such an assurance. Following some further comment, Councilman Cannon moved to authorize the City Attorney to send such a letter notifying the Company of the Council's wishes to roll back these rates. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney and Cannon Mayor Walker Nays: None Councilman Cannon introduced and read a letter which he had re- ceived from Jess Navarre, owner of the Baytown Ambulance Service Company, requesting an extension of his present contract with the City for an add- itional 2 years. He pointed out the need for extensive repairs on the building he presently occupies which is owned by the City but admits it is not economically wise to do so. He plans on vacating the structure and moving into his own building if the extension is approved. Also, he pro- posed to reduce the monthly contract fee the City is now paying by $200 per month. If granted, the above request will be placed into effect on the 1st day of the month following its approval with no increase in costs of local ambulance service to residents of the City of Baytown. He stated that the Committee had evaluated the request and were of the opinion that it should be granted. He concluded with a motion that the request be granted and place it into effect as of the 1st day of February, 1971. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Stasney and Cannon Mayor Walker Nays: Councilman Kloesel It was also pointed out that an accrual accounting system will be instituted by Mr. Navarre in order to symplify the systematic auditing of his accounts by the City's Director of Finance, Mr. LeFevre. It was also noted that this contract will extend to June, 1974 following the above action by the Council. Grover Edge - Designate Wisconsin Street Off Limits - Truck Route The Council heard a request from Grover Edge to delete Wisconsin Street from the listing of approved streets for transfer truck rouging. He pointed out that it was in a residential area, cars park on either side of the narrow right -of -way and this makes a safety hazard and the base of the street is such that can not carry the heavy transport truck traffic. By consent of a former Council in 1965, Wisconsin Street was removed from the route by an agreement with Humble Oil & Refining Company, but no ordinance was adopted at that time deleting Wisconsin from the list. City Attorney Laughlin concurred with the statement made by Mr. Edge. He proposed to Minutes, January 28, 1971 4923 have an ordinance for presentation at the next meeting which will delete Wisconsin Street from the ordinance which was adopted January 7th. Ordinance to Repeal Outlawing Self Service Gas Stations In 1968, the Council adopted an ordinance restricting the operation of Self- service Gasoline Stations within the city limits. At that time there was nothing on the State Statutes but now a law has been passed which supersedes the City's ordinance. The Building Inspector has received a re- quest for the issuance of two permits to construct Self Service Stations in the city limits. Mr. Angel, the applicant, wants some assurance from the Council that his investment will be protected by the adoption of a repealing ordinance. The City Attorney advised the Council that they had no alterna- tive and an ordinance will be presented at the next meeting. Jerry Macha - Complaint Against General Telephone Company The Council heard a complaint from Jerry Macha revolvinq around the cancellation of a yellow page ad#. He owns and operates Macha Television and in August, 1970, when he was contacted about an add he declined to renew his contract. When the new directory was printed he had an add, without his consent, and when he complained to management he was told that they could not make him pay for the add,_ but they did change his telephone number. This has created a problem because of failure to be properly identified as to his number in the new directory. He feels that his business has suffered because of this change. Mr. Al Chappell, Manager of the Telephone Company, submitted a copy of a contract which he said was renewed in August. It did not bear Mr. Mocha's signature but he explained that since this was a renewal a sig- nature was not required. After hearing both parties, the City Attorney stated that the Council could become displeased over incidents such as this which they may feel shows a lack of concern- service on behalf of the Company and may influence the Council in its franchise negotiations but it should not become involved in individual cases. Suggestions were offered but no further action was taken by the Council. * • Councilmen Evans and Kloesel leave the meeting. James Davis - Arthitect Police Building Plans North Main Street James (Bitsy) Davis, Architect, reviewed a drawing of the proposed Police Administration Building to be erected on North Main Street. He gave a detailed report on the building and showed slides which projected the ap- pearance and location on the 4 -acre tract. The building is estimated to cost from $367,000 to $410,000; site work, $55,000; communications, $38,400; jail equipment, $45,000 plus the architect's fee of $28,000. This amount exceeds the funds provided in the bond issue, so he proposed to build the building as it should be and finish the portions that need to be completed. Some of the features such as pistol range, locker room, etc. can be left in an unfinished state until funds can be found to complete the structure in its entirety. He also proposed that the base bid be the building and the site work - the other items be bid as additive alternates so the Council can take as much as it can pay for at this time. The Council did not take official action upon the presentation because of lack of a, quorum, but indicated to Mr. Davis to proceed with his plans as projected. Adjourn There being no further business to come before the Council, the motion was made and seconded that the meeting adjouJ The were unanimous and the mayor declared the meeting adjourned. l /lam azz C. Glen WalkeE, Mayor ATTEST: Edna Oliver, City Clerk APPR D: Q. William R. Laughlin, City Attorney