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