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1971 02 11 CC Minutes4924 MINUTES OF THE REGULAR MEETING OF THE BAYTOWN CITY COUNCIL OF BAYTOWN, TEXAS February 11, 1971 The City Council of the City of Baytown, Texas, met in regular session on Thursday, February 11, 1971 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: D. R. Voelkel City Manager Howard Northcutt Administrative Assistant W. R. Laughlin City Attorney Edna Oliver City Clerk The Mayor called the meeting to order and the Invocation was offered by Councilman Cannon. He then called for the minutes on the regular meeting January 28. Councilman Kloesel made the following corrections to the minutes: Southern Pacific Railroad Signalization Crossings - during the discussion Councilman Kloesel suggested that this be referred to the Traffic Committee for further study. Utility Committee Report on Telephone Rate Increase Request - Councilman Kloesel moved against the motion to roll back rates. Architect's Re- view Proposed -- Police Administration Building Plans: This building does not comply with the city ordinance in regards to the requirements that nuclear fall- . out shelters be provided in the building; the $500,000 does not include the police auto repair section nor the police radio repair shop. Following the corrections, Councilman Kloesel then moved that the minutes be approved with the aforementioned corrections. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hull=, Stasney, Cannon and Kelley Mayor Walker Nays: None Protest - Baytown Service Station Operators - Self Service Stations Johnny DeLOach, a member of the Baytown Service Station Operator's Association and affiliated with the State Association, introduced Mr. Bill Legion, of Austin, who supported retainage of the ordinance adopted by the City Council in 1968 prohibiting the operation of self- service gasoline stations within the city limits of Baytown. At the January 28 meeting, the Council indicated that this ordinance would be repealed since it was thought to be in conflict with the recently enacted State Statute. Mr. Legion stated that he represented the service station dealers of Texas on the guide Lines committee for the Insurance Department that drew up the guide lines in 1970 and Section 8 of the House Hill in part says: "However, that any municipality or county ordinances rules or regulations in force on the effective date of this Act shall not be invalidated because of any provisions of this act." There is nothing in HB 1070 that says that any city ordinance prohibiting self service prior to passage of the bill, in May 1969, is unconstitutional or in- valid. He referred to a letter which he had read which, according to his inter- pretation, had stated that ordinances prohibiting self service stations are now void and the Pasadena City Council revoked their ordinance regulating self - service. However, upon investigation he had learned that the ordinance which was declared void had been passed in June, 1970, one year after the passage of HB 1070. He spoke of the safety factors against self- service and encouraged the Council to retain its ordinance prohibiting the operation of such stations within the city limits. Councilman Stasney pointed out that the Council had understood that the City's ordinance was in violation of the State Statute and was, in effect, null and void. City Attorney Laughlin stated that he was con- cerned about several things relating to the validity of an ordinance passed prior to the effective data of HE 1070. He read Section 2C of the Act which says nothing in this act, or the rules and regulations propagated pursuant to Ted Kloesel Councilman David Evans Councilman Don M. Hullum Councilman Leonard W. Stasney Councilman Allen Cannon Councilman Lamar Kelley Councilman C. Glen Walker Mayor D. R. Voelkel City Manager Howard Northcutt Administrative Assistant W. R. Laughlin City Attorney Edna Oliver City Clerk The Mayor called the meeting to order and the Invocation was offered by Councilman Cannon. He then called for the minutes on the regular meeting January 28. Councilman Kloesel made the following corrections to the minutes: Southern Pacific Railroad Signalization Crossings - during the discussion Councilman Kloesel suggested that this be referred to the Traffic Committee for further study. Utility Committee Report on Telephone Rate Increase Request - Councilman Kloesel moved against the motion to roll back rates. Architect's Re- view Proposed -- Police Administration Building Plans: This building does not comply with the city ordinance in regards to the requirements that nuclear fall- . out shelters be provided in the building; the $500,000 does not include the police auto repair section nor the police radio repair shop. Following the corrections, Councilman Kloesel then moved that the minutes be approved with the aforementioned corrections. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hull=, Stasney, Cannon and Kelley Mayor Walker Nays: None Protest - Baytown Service Station Operators - Self Service Stations Johnny DeLOach, a member of the Baytown Service Station Operator's Association and affiliated with the State Association, introduced Mr. Bill Legion, of Austin, who supported retainage of the ordinance adopted by the City Council in 1968 prohibiting the operation of self- service gasoline stations within the city limits of Baytown. At the January 28 meeting, the Council indicated that this ordinance would be repealed since it was thought to be in conflict with the recently enacted State Statute. Mr. Legion stated that he represented the service station dealers of Texas on the guide Lines committee for the Insurance Department that drew up the guide lines in 1970 and Section 8 of the House Hill in part says: "However, that any municipality or county ordinances rules or regulations in force on the effective date of this Act shall not be invalidated because of any provisions of this act." There is nothing in HB 1070 that says that any city ordinance prohibiting self service prior to passage of the bill, in May 1969, is unconstitutional or in- valid. He referred to a letter which he had read which, according to his inter- pretation, had stated that ordinances prohibiting self service stations are now void and the Pasadena City Council revoked their ordinance regulating self - service. However, upon investigation he had learned that the ordinance which was declared void had been passed in June, 1970, one year after the passage of HB 1070. He spoke of the safety factors against self- service and encouraged the Council to retain its ordinance prohibiting the operation of such stations within the city limits. Councilman Stasney pointed out that the Council had understood that the City's ordinance was in violation of the State Statute and was, in effect, null and void. City Attorney Laughlin stated that he was con- cerned about several things relating to the validity of an ordinance passed prior to the effective data of HE 1070. He read Section 2C of the Act which says nothing in this act, or the rules and regulations propagated pursuant to 4925 Minutes, February 11, 1971 the act, shall in any manner be interpreted as prohibiting or permitting the prohibition of self service station operations so long as such station requires an attendant to be on the premises. He agreed that Section 8 read as was quoted but he felt that there was some question that this is a conflict in itself and it maybe that Section 8 deals primarily with rules and regulations that control and effect the self- service operation in the requirements. He stated that he had received the opinion of the Texas Municipal League Counsel that there is serious question as to the vali- dity of our ordinance or any other ordinance because of the difference in the fines which are levied under Section 2 of the Act as opposed to what the City may levy and what we may have jurisdiction over in our Municipal Court. He agreed that the language in Section 8 could lead to the con- clusion that there be no necessity for the City to repeal its ordinance and perhaps it would be valid except, again, he is concerned by Section 2C and by the significant amount of case law as to the difference in penalties between the state law and what the cities can enforce. He did say that it is questionable that our ordinance is valid. Mr. Legion then stated that during their guide lines study, it was explained to members of the Committee that the State in no way would regulate self service gasoline stations and this is the reason the last paragraph in Section 2C states that any muni- cipality or county which has such an ordinance is yet valid if adopted prior to the date of the passage of HB 1070. If the City now repeals its existing ordinance, and later decides there is a need for some control over such operations within the City, nothing can be done because it will be in violation of State law. Councilman Kloesel stated that he felt that the Council should retain the ordinance until the legal question can be resolved, this to be done from the standpoint of safety. Councilman Stasney stated he recognized the need for such ordinances which protect the public from any unsafe situation and thought it unwise to repeal this ordinance especially since the City cannot be reinstituted. He made a motion that this item of business be tabled. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Nays: Mayor Walker Mayor Walker stated he opposed the motion because he felt that the op- posing side should have had an opportunity to be heard. W. C. Turner, Sr., a Captain within the Fire Department, asked if a permit had not been procured from the Inspection Department for such a self service station within the City since the last council meeting. City Attorney Laughlin stated that this point was next in line for discussion had the motion not been made. Councilman Kelley then moved to reconsider Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Billy Angel, the party obtaining the permit for a self service station, stated that he had understood from the action of the Council at the January 28 meeting that the ordinance in question would be repealed. He has three (3) leases signed and has tanks and pumps on order. He plans to start work Monday, February 15 under a permit he had obtained from the building division. He has also paid the sewer and water tap fees. Councilman Kloesel stated that he disagreed at the time the pro- posal was presented by Mr. Angel, but did not make a statement. His only agreement was for the City Attorney to draft an ordinance revoking the existing ordinance. Mayor Walker stated that he felt that the entire Council was under the impression that the City's present ordinance was in conflict with the State Statute and is still a question which will ulti- mately have to be settled by the Courts. There is no basis for saying the ordinance is or is not in conflict. Councilman Hullum stated the reason for the ordinance is on the basis of safety and in his opinion, the Council would be negligent in its duty if it did not consider the type of operation and see if it meets with the intent of the Council. At the time of the drafting of the ordinance, the City had some stations that were unattended and some coin operated both types of which created a Minutes, February 11, 1971 4926 safety hazard. City Attorney Laughlin agreed that the safety angle should be met and the Act provides a way. However, the Council may want to absolutely continue to prohibit all types of self service regardless of the other rules. Mr. Angel stated that as far as he knew his stations would meet safety stan- dards of the City's ordinance. He will have an attendant but, when asked stated that it was not his intention to have the attendant service the automobiles which drive into the station. This action would defeat the purpose of his operations as a self - service station. Captain Turner stated that if the ordinance is repealed it will open a Pandora box such as coin operated, card operated, key operated remote present type are per- mitted at retail service stations. It is the feeling of the Fire Marshal and Fire Chief that the ordinance should not be repealed. Following some further discussion, Councilman Evans moved to table the matter. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Hullum, Cannon and Kelley Mayor Walker Nays: None Mayor Walker told Mr. Angel that if he wanted to continue with his project he would have to comply with the ordinance now on the books. His attendant would have to service the cars. Mr. Angel replied that this was not what he was told nor what the permit was issued for. Jones - Historical Artifacts Museum Mr. I. M. (Deacon) Jones, Chairman of the Historical Committee, submitted a revised proposal for the display of museum artifacts in the Civic Center. Some interest has been manifested in the effort to gather material for the display. He proposed that the Council initiate the program by pro- viding funds to build a small storeroom for material gathered and two or three display cases at a cost of approximately $325.00 each. This would get the program on its way and others who have expressed an interest in the pro- ject could make donations to enlarge the program. Councilman Kelley made a motion to grant the Historical Committee $1,500.00 to start their project. Funds to be taken from the General Fund Contingency. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: Councilman Kloesel The Caption of the Resolution follows: RESOLUTION NO. 310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER ONE THOUSAND FIVE HUN- DRED AND N0 1100 ($1,500.00) DOLLARS WITHIN THE GENERAL FUND FROM BUDGET ACCOUNT 101 -12, CONTINGENCY FUND, TO BUDGET ACCOUNT NO. 501 -10 -1, FOR HISTORICAL ARTIFACTS MUSEUM David Kajar - Fencing Required for Salvage, Wrecking and Junk Yards David Kajar, speaking for Eddie Gray who owns the land used by the Baytown Salvage Company at Bob Smith and North Main, expressed some concern over the requirement for an 8 -foot tight board fence to enclose such a yard. He stated that a tight board fence could look as good or bad as the owner or operator may want since scrap lumber can be used. He proposed the use of other material which would be better looking to the eye and possibly cheaper to install. He brought two different type fencing, a slatted cedar and steel fence and a solid steel fencing with baked on enamel both can be purchased in heights of 8 -feet and over. Councilman Hullum stated that the intent of the ordinance was to have an attractive fence which could not be seen through to completely cover any unsightly grounds behind it. City Attorney Laughlin stated that the language of the old ordinance set forth a tight board fence or hedge. When the ordinance was amended the hedge was omitted and the ex- isting language of tight board fence was used. He was of the opinion, however, that there is a real question as to whether the City can specify that particular type fence; the city can restrict certain ones but not try to define every type of permissable fence. Following some further dis- cussion, Councilman Kelley stated that it was obvious that the Council needs to choose better wording for the ordinance and he made a motion for the City 4927 Minutes, February 11, 1971 Attorney to select better wording for presentation at the next meeting. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: Councilman Evans Larry Bass- Counter Statements Type Fencing Required Salvage, Wrecking Junk Yards Mr. Larry Bass, an attorney from Houston representing Fred Dittman, Jr. appeared before the Council to plead for revocation of the "limited license" issued Baytown Salvage Company on January 22, 1971. Mr. Dittman owns the property abutting the Eddie Gray tract where the sal- vage yard is located. Mr. Bass stated that the area is not suitable for the operation of a junk yard. (1) the proximity of the area to residential housing; even though it fronts on North Main it is surrounded by residential subdivisions; (2) Baytown will grow to the north and any other type business will be discouraged to locate on North Main if the junk yard is allowed to remain; (3) assuming that the Council does not agree with his views re- garding the location of the junk yard, he suggested that the fence be 12 -feet high and completely surround the junk yard. He concluded with a definite plea for the revocation of the license. As an alternate, he strongly recommended an amendment to the ordinance to require a 12 -foot fence. City Attorney Laughlin stated that the Council has no authority to regulate the use of land unless the City has zoning, or unless private deed restriction are in- volved. The City can enforce health laws, the fire code and reasonable requirements such as fencing, etc. but not the use of land. The Council does not have the authority to revoke a permit as long as the applicant com- plies with the ordinance. The Council then discussed the feasibility of enforcing the fencing requirement of the ordinance since a revision is pending by action of the Council. City Attorney Laughlin asked for the opportunity to keep on putting these people on notice of our existing ordinance and the fact that we may amend it and that the Administration expects them to comply with whatever final standards are, but, not actually prosecute anyone until the Council has adopted the final ordinance. Councilman Kloesel moved to follow the recommendation of the City Attorney regarding the change and the enforcement of the Junk Yard ordinance. Councilman Hullum seconded the motion. The vote follows: Ayes. Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker Nays: Councilman Stasney Councilman Stasney moved that the Baytown Salvage permit not be renewed after 30 days as originally specified in the so called "temporary permit" agreement. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, and Kelley Mayor Walker Nays: Councilmen Hullum and Cannon Ordinance - Eliminating Wisconsin Street Truck Route Councilman Kloesel moved to adopt an ordinance eliminating Wisconsin Street as a transport truck route. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None 7 The caption of the ordinance follows: ORDINANCE NO. 1071 AN ORDINANCE AMENDING ORDINANCE NO. 1064, SECTION 1, THEREOF SO AS TO ELIMINATE WISCONSIN STREET AS A TRUCK ROUTE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Minutes, February 11, 1971 4929 Resolution - Transfer Funds - Heating and Cooling System Community Building Councilman Stasney moved to adopt a resolution transferring $1,200 from the General Fund Contingency to Budget Account 501 -5 -12 for costs of repairs to heating and cooling system in Community Building. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER ONE THOUSAND TWO HUNDRED AND NO 1100 ($1,200.00) DOLLARS WITHIN THE GENERAL FUND FROM BUDGET ACCOUNT NO. 101 -12, OONTINGENCY, TO BUDGET ACCOUNT NO. 501 -5 -12, HEATING & COOLING SYSTEM Discuss - Proposed Fencing Ordinance Commercial Developments Abutting Residential Ross Wilhite, City's Director of Planning submitted a rough draft of a fence ordinance that will require new commercial development to provide a visual screening fence where such development is going in next to existing residential development. He suggested that the Council night want to put in the draft special provisions in reference to fencing around junk yards and include all regulations regarding fencing in one ordinance. He pro- poses to reapply for a Workable Program approval since the council has recently adopted several ordinances pertaining to land use directly and indirectly. The Fence Ordinance was one of the things proposed that the City would do. Mr. Wilhite read the contents of the draft but stated that it was not in final form. The City Attorney will prepare it in final form if the Council approves the terms. This will be included on the agenda, February 25. Authorize Advertise Bids - Sewer Line Bowie School Drive Jack Morton, Director of Public Works, submitted plans for construc- tion of a proposed 18 -inch sanitary sewer line which begins at McKinney Road and goes westward to the area of the Baytown Hospital and the Briarwood Apartments. Presently there is no sanitary sewer service available and se- veral months ago the Council committed themselves to extend the sewer line on the basis of the existing sewer extension policy to serve these two pro- jects. He has been advised by the developer building the Briarwood Apartments that they will be ready for their first occupancy in about two months. If the City has the service lines in by this time, bids must be sought. This will take about 30 -days and the construction will take several weeks. The line has been designed larger than is necessary to serve the two aforementioned developments however, there is several tracts of undeveloped acreage which will be served by the same sewer line. His primary request was the approval of the Council to proceed with the advertising of bids for the work. The estimate, based on the most recent construction prices, shows a total cost of $42,922.69. The estimate was prepared on the basis of using vitrified clay pipe, however, there would be a 5 -10% savings if plastic pipe was used. Councilman Kloesel moved to authorize the Administration to go out for bids on the 18" sewer project and to request alternate bids with plastic pipe. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilman Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Councilman Stasney asked that the Administration review the costs set forth in the sewer extension ordinance, and if deemed advisable to update the ordinance to cover the increased costs. Authorize Bids - Relocate Sanitary Sewer Line Busch Terrace Mr. Morton stated that the State Highway Department has delivered 4930 Minutes, February 11, 1971 plans for the next phase of Spur 201 construction which would build the service roads and provide a connection at Decker Drive so that the section of Spur 201 presently under construction and the next phase to be con- structed could all be put into service which would provide a connection from Decker Drive directly to Spur 201, Douglas Drive and Baytown Tunnel. One of the things the City is required to do by the State Highway Depart- ment is to clear the right - of-way of our existing utilities. He proposed to install a new line starting at Airhart Drive, down to Granville Avenue, west on Granville paralleling the line on Harkins which will be abandoned to Dorris Street, south on Dorris to our existing manhole on the south side of Spur 201 right -of -way. The section under the highway is shown as cast iron so that the City can eliminate the need of encasement of the line. Included in the construction is an 8 -inch cast iron sanitary sewer which will replace an existing 8 -inch sanitary sewer line which serves the Housing Project on Airhart Drive. This portion will be under the constructed highway. This project is estimated to cost $45,675.00. The Highway has notified Mr. Morton that they will go out for bids on this project in the next two months add they asked that the work of the City be under contract at the time they go out for bids. Councilman Stasney moved to advertise for bids on the relocation of the 10 -inch sanitary sewer in Busch Terrace with an alternate bid on plastic pipe except the required cast iron section. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Kelley Mayor Walker Nays: None Resolution - Secure Loan Depository Hullum, Evans, Stasney, Cannon and Councilman Hullum moved to adopt an ordinance authorizing the Ad- ministration to secure a loan of $200,000.00 from the City's depository to replace funds advanced from the City's current operating funds. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Evans, Stasney, Cannon and Kelley Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE ADMINISTRATION TO SECURE A LOAN IN AN AMOUNT NOT TO EXCEED $200,000.00 FROM THE CITY'S DEPO- SITORY BANK FOR THE PURPOSE OF REPLACING CERTAIN MONIES HERETOFORE ADVANCED FROM THE CITY'S CURRENT OPERATING FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE. Appointment - New Fire Chief In accordance with the Charter of the City, City Manager Voelkel reported that he had appointed James A. Bland, Jr. of Bellaire as Fire Chief of the City subject to the approval of the Council. His appointment will become effective March 1, 1971. Some question had been raised relating to Civil Service but the matter had been cleared prior to the appointment. Councilman Kloesel raised objection to the appointment and cited a City policy that initial employment, withstanding all other qualifications being equal, applicants who live inside the corporate city limits shall be given preference over those living outside the city limits when appointments to positions with the City are being made. He did not think the City Manager should grant an exception to this policy or should the City Council confirm an appointment that does not follow this policy. He felt that consideration should be given two (2) members of the Fire Department that presently re- side in Baytown, however, he did not name the candidates. Councilman Kelley stated that he felt that Mr. Voelkel had given much study to this appoint- ment and moved to confirm the appointment of James A. Bland, Jr. as Fire Chief of the Baytown Fire Department. Councilman Stasney seconded the motion. Discussion from the floor was received at this point with Manuel Aguirre, a Lee College Student, speaking in support of the proposal of Councilman Kloesel to select an appointee from the qualified personnel of the Fire De- partment. He stated that a position of such importance should be filled by the best qualified person and the Council should have some indication of f 1 Minutes, February 11, 1971 4931 the applicants which apply for the position. Also, the acceptance of eligible out -of -town applicants over eligible persons within the Fire Department give some indication that the present employees will always remain fire fighters the rest of the time they stay in the department, without opportunity for promotion. Following some further remarks, Councilman Kelley called for the question and to end debate. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilman Evans, Stasney, Cannon and Kelley Nays: Mayor Walker Councilmen Kloesel and Hullum The vote did not have a two -thirds majority, and Mayor Walker stated that discussion would continue. Mr. Aguirre continued with this original re- quest by stating that he was a student in government and in his opinion this is not a decision of judgeship but an administrative decision. It is of a high enough level to affect all of the citizens of Baytown. Councilman Hullum stated that he personally did not want to get involved in looking at the qualifications of each applicant as he felt that this was an administrative function. The Council only looks at the qualifications of the person selected and makes its decision based on such qualifications. He felt that this appointee is qualified to train others and members of the Fire Department will greatly benefit from his vast knowledge of Fire Department procedures. Councilman Kloesel stated that he had no real objections to bringing in department heads from outside the city occasionally, but recently the city has hired all new department heads from outside the city and this is not a good practice. He must answer to the citizens of Baytown and he felt that Baytown does have qualified persons to occupy major positions. John Humphrey, a member of the Fire Department, stated that the Fireman's Local has made a thorough inves- tigation of Mr. Bland and it is felt that he is the best man for the job as far as training is concerned. The Local found that he was qualified under Civil Service and the new Chief will have their support. Following other statments, Councilman Kelley once again called for the question and to end debate. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hull=, Stasney, Cannon and Kelley Mayor Walker Nays: Councilman Kloesel Mayor Walker then called for the original motion to confirm the appointment of James A. Bland, Jr. as Fire Chief of the City of Baytown. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: Councilman Kloesel Deny Request for Franchise United Gas Councilmen Kelley, Chairman of the Utilities Committee, stated that the Committee had given much time and study.to the request of United Gas for a franchise to operate within the City limits of Baytown. At the last meeting, the Committee voted not to recommend granting a franchise to United Gas however he was not asking for a vote from the Council at this time. Councilman Stasney stated that he thought the Council should take some action upon the request of United Gas since representatives of the Company had made two appearances before the Council in behelf of the request for a franchise. Councilman HU11M then moved to deny the request of United Gas for a fran- chise to operate within the corporate limits of Baytown. Councilman Kelley seconded the motion. Councilman Stasney opposed the action to deny the re- quest and gave his reasons for his opposition. Following some further dis- cussion, the vote was called and the results follow: Ayes: Councilmen Kloesel, Evans, Cannon, Hullum and Kelley Nays: Councilman Stasney Mayor Walker Pipe Line Committee Report Councilman Kelley reported that the Pipe Line Committee had done ex- tensive work in its effort to draft a workable ordinance for presentation to 4932 Minutes, February 11, 1971 the Council but more time is needed to complete the data gathering. Adjourn Councilman Evans moved for the meeting to adjourn. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilman Kloesel, Stasney and Kelley Hays: Councilmen Hullum, Cannon and Evans Mayor Walker Committee Reports Continued Councilman Evans reported on a meeting of the Wrecker Committee and some agreeable compromise was reached on possible changes in the Wrecker Ordinance to make it more livable for the citizens, the Wrecker Committee and the Wrecker drivers. Unfinished Business Councilman Hull= showed the Council a plastic bag which is the type being used presently in Arlington for garbage collection. He asked that this item be placed on the agenda for the next meeting and the Council give consideration to either going to paper or plastic bag. He also asked the Ad- ministration, if the Council concurs, to develop the cost. * Councilman Kelley leaves the meeting. The City Manager was asked to prepare a report, for presentation at the next meeting, on the 1971 Street Program. Also, he was requested to be prepared to report on the 1969 -70 Street Program. Adjourn Councilman Stasney moved for the meeting to adjourn. Councilman Evans seconded the motion. The ayes were unanimous and and Mayor declared the meeting adjourned. � i/W � %/�� C. Glen Walker, Mayor ATTEST: �p J Edna Oliver, City Clerk APPROVED. William A. Laughlin, City Atto ey I