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Council indicated that this ordinance would be repealed since it was thought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