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1971 02 25 CC MinutesJ 4933 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 25, 1971 The City Council of the City of Baytown, Texas met in regular session on Thursday, February 25, 1971 at 6:30 p.m. in the Council Room of the Baytown City Hall with the following members in attendance; David Evans Councilman I Ted L. Kloesel Councilman _ Don M. Hullum Councilman k Leonard W. Stasney Councilman Allen Cannon Councilman Lamar Kelley Councilman C. Glen Walker Mayor D. R. Voelkel City Manager W. R. Laughlin City Attorney Howard Northcutt Adm. Assistant Edna Oliver City Clerk The Mayor called the meeting to order and the Invocation was offered. He then called for the minutes of the regular meeting on February 11, 1971. Councilman Kloesel moved to approve the minutes as submitted in written form. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker Nays: None Butrick - Downtown Merchants Association - Removal of Parking Meter Posts Mr. Joe Butrick, spokesman for the Downtown Merchants Association; asked the Council to approve the removal of the parking meter posts in the I downtown business area. Parking meters were eliminated from the business section in 1970 but the posts remained because of possible reinstallation of meters. He also asked that the wooden poles be removed. The Committee appointed to study the off -street parking within the area has made some progress in its study but a recommendation is not ready for presentation at this time. At this time he asked only for the removal of the parking meter posts and the wooden light poles. City Manager Voelkel told the Council that the wooden poles are presently carrying the interconnecting cables for the traffic signals on West Texas Avenue and a new location would have to be found before the poles could be removed. He mentioned underground installation which would be expensive but desirable. Mr. Butrick stated that he had been led to believe that the wooden poles were not being used and was not aware of their use. Following some further discussion, Councilman Evans moved to authorize the Administration to proceed with the removal of the parking meter posts. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker Nays: None Councilman Kloesel moved to authorize the City Manager to make an attempt to sell the parking meters. Councilman Evans seconded the motion. She vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker Nays: None In conjunction with the removal of the parking meter posts, Mayor Walker appointed Councilmen Kloesel and Hullum to meet with the Optimist Club and discuss the relocating of the Optimist Safety Sign which is presently at the Albert Thomas Circle site. This will be done in conjunction with the proposed removal of three utility poles which are within the Circle proper. 10 4934 Minutes, February 25, 1971 Approval - Transfer Taxicab Permit - Red Top Cab Company from J B Neff to Applegate The Council reviewed the request of W. W. Applegate for authori- zation to transfer the Red Top Taxicab permits presently owned by J. B. Neff, Jr. to W. W. Applegate. City Manager Voelkel stated that everything has been cleared administratively, and we need action from the Council to complete the transfer. Councilman Kelley moved to grant the request of W. W. Applegate for the trans- fer of the Red Top Taxicab permits. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker Nays: None C. E. Moore - Concerning Improvements - Bayway Drive Mr. C. E. Moore appeared before the Council for clarification of the assessment against his property which abutts Bayway Drive. He had understood that he could be assessed up to 45% of the cost of the new roadway when Bayway Drive is improved. City Manager Voelkel stated that the City can assess no more than the enhancement to the property even though the City's policy may be up to 45% of the cost. It is possible, however, that the enhancement may be 45% on the four -lane highway. It will depend entirely upon the appraisor's opinion about the enhancement, and the Council could not give Mr. Moore any definite figure. A. J. Busch, Jr., engineer, stated that on Bayway Drive, if the property should be enhanced up to the 45% figure, the assessment rate could be as high as $22.00 per front foot. Mr. Moore then asked about the in- stallation of a proposed sewer line in conjunction with the improvement of Bayway Drive. He was interested in the depth which it will be placed in the 8 -10 foot easement in relation to moving in equipment, moving dirt, etc. without getting on the property of abutting property owners. Mr. Busch stated there is a possible relocation of the Lakewood Sewage Treatment Plant. Other factors must be considered before a decision is made on what would be the best solution but no attempt would be made to lay a major interceptor line in an easement which is not of sufficient width to permit the ingress and egress of equipment, trucks, etc to properly lay a line. The matter would be carefully considered before proceeding with the project. Resolution - Transfer of Funds - General Fund Councilman Kloesel moved to adopt Resolution No. 311 which authorized the transfer of funds within the General Fund for the fiscal year 1969 -70. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER SIX THOUSAND THREE HUNDRED THIRTY -ONE AND 66/100 ($,331.66) DOLLARS WITHIN THE GENERAL FUND FOR THE FISCAL YEAR 1969 -70 FROM ACCOUNT NO. 101, CONTINGENCY FUND, TO ACCOUNT NOS. 105 -6 -6, 109 -5 -2, 109 -10 -8, 112 -5 -2 and 602 -7 -8. Resolution - Transfer of Funds - Water Fund Councilman Kloesel moved to adopt Resolution No. 312 which au- thorized the transfer of funds within the Water Fund for the fiscal year 1969 -70. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker Nays: None The caption of the resolution follows: Minutes, February 25, 1971 M RESOLUTION NO. 312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FIVE HUNDRED FORTY -TWO AND 28/100 ($542.28) DOLLARS WITHIN THE WATER FUND FOR THE FISCAL YEAR 1969 -70 FROM ACCOUNT NO. 1006, CONTINGENCY FUND TO ACCOUNT NOS. 1004 -7 -10 AND 1005 -6 -11. Annexation Ordinance - Second Reading - Extending Strip. to U. S. Steel Plant Councilman Kelley moved to adopt an ordinance, on second reading, annexing a ten (101) foot strip of Land along a public right- of-way covering portions of Highways FM -1405, FM 565 and S -146, so as to extend the City's ten (101) foot strip of land northward from the U. S. Steel Plant entrance to Highway I -10. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hull=, Cannon and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1067 -A AN ORDINANCE CONTAINING ORDINANCE NO. 1067, INTRODUCED ON THE 20TH DAY OF JANUARY, 1971, AND BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Discussion ordinance - Amending Traffic Code to Regulate "U" Turns The Council discussed the draft of a proposed ordinance which would amend the Traffic Cade by regulating "U" turns. The ordinance prohibited "U" turns from parked positions and at any intersection where electric traffic - control or stop signs are in operation. "U" turns were prohibited between intersections, but say be made at intersections where no traffic control de- vices are in operation, unless such turn is prohibited in another section of the Traffic Code. This prohibition does not apply to "U" turns made upon a Public street in an area where the traffic lanes are not divided by a median. Following some discussion, Councilman Kloesel moved to table the ordinance until the next meeting. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker NaYS: None Ordinance - Requiring Commercial Developments Next Residential - Provide Visual Screen - Buffer Fencing Councilman Cannon moved to adopt an ordinance amending the Code of Ordinances by the creation of a new article which requires buffer fencing when new commercial developments located next to existing residential developments. The article provided for the height of the fence, the type of fencing, its location and maintenance. Councilman Kloesel seconded the motion. The vote follows: r Ayes: Councilmen Kloesel, Evans, Hull=, Cannon and Kelley 1 Mayor Walker Nays: None The caption of the ordinance follows: 12 February 25, 1971, Minutes 4936 ORDINANCE NO. 1072 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 7, "BUILDINGS ", BY THE CREATION OF A NEW ARTICLE III, "BUFFER FENCING ", SO AS TO CREATE REQUIREMENTS FOR THE ERECTION OF A PERMANENT, OPAQUE FENCE SEPARATING STRUCTURES OTHER THAN ONE OR TWO LIVING UNITS FROM CERTAIN RESIDENTIAL PROPERTY; PROVIDING FOR A PENALTY NOT EXCEEDING TWO HUNDRED ($200.00) DOLLARS; REPEALING ORDINANCES INCONSISTENT HEREWITH! CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Ordinance - Adjusting Fees for Depositing Refuse at City's Landfill The Council reviewed and discussed the draft of an ordinance pro- posed by the Landfill Study committee, which increased all dumping fees at the sanitary landfill up to the city's actual cost plus ten (10a) percent. No change was made on the regulation of an individual who has a truck and hauls his own garbage to the landfill; this is without charge but commercial and truck hauls will be charged at the rate proposed by the Committee. (* Council- man Stasney arrives at meeting). Councilman Kloesel preferred to discuss the rates with private haulers before he voted on the proposed changes. Council- man Cannon stated that he felt the charges were low and asked a continuation of the study. Councilman Kelley moved to adopt the ordinance increasing the fee schedule. Councilman Evans seconded the motion. The vote follows: Ayes: Councilman Evans, Hullum, Cannon and Kelley Mayor Walker Nays: Councilman Kloesel Abstained: Councilman Stasney The caption of the ordinance follows: ORDINANCE NO. 1073 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 14: GARBAGE AND TRASH, BY AMENDING SECTION 14 -14 AND 14 -15 THEREOF; PROVIDING A FEE SCHEDULE FOR DUMPING REFUSE IN THE CITY'S LANDFILL; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Delav Action - Aupointment Board of Adiustment and Anneals At the request of Mayor Walker, the Council agreed to delay the appointment of a Board of Adjustment and Appeals in accordance with the Building Code. The matter will be considered at the next regular meeting of the council. Recess Meeting Councilman Kelley moved for the Council to take a 15- minute recess. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None committee Reports Councilman Kelley reported that March 1st represents the deadline of Houston Light & Power Company's first two years on the Industrial District. Contract. Prior to that date, the Council most decide whether or not it wants to exercise the option provided in the Agreement. By doing this the annual payment to the City would increase from $11,163.00 to $31,895.00 and extend through April 1, 1977. He concluded with a motion to exercise the option provided in the Agreement. Councilman Kloesel seconded the motion. k Minutes, February -.25, 1971 4937 Discussion followed with Councilman Kelley reviewing the conditions that existed when negotiations first started on the Industrial Agreement. Nothing was above ground and the Committee understood that it would take sometime for the units to be ready for production. The first two years of the contract was projected with the thought of primary construction. Negotiations were such that the option was included for increasing the annual fee after construction was advanced should the Council so desire. Councilman Kloesel stated that he preferred to look at the contract before voting. Councilman Stasney asked the amount of the payment on the regular basis after the seven year period. This would require annexa- tion on the part of the City, either total or in part. It was suggested that the Council compare values for the nine (9) years on the basis of the original and option agreements. Following some further discussion, the motion was withdrawn and the Council agreed to call a special meeting for Monday, March 1 at 5:00 o'clock p.m. when final disposition will be taken on the question. The session will be declared an emergency. Councilman Kelley also reported that at the last meeting of the Salary Study Committee it was decided to refer the salary study back to the City Administration for recommendations of salary change. When an inequity is found by the Administration, the Committee can be told and an adjustment then made without waiting for the completion of the study. However, the Study Committee did retain one item - the question raised by the Firemen con- cerning the 1% pay disparity between the Fire and Police Department employees. It is the recommendation of the Committee that the 1% increase in salary be given to the Firemen and concluded with a motion that the 1% increase be given to all Firemen retroactive to October 1, 1970. Councilman Kloesel seconded the motion. Councilman Stasney asked why the Fire Department was more deserving of the additional increase to which Councilman Kelley stated that the Fire Department had shown much progress in its second report to the Council despite the fact that the selection of a Fire Chief had been delayed until recently, and he is of the opinion that they will show more progress since the hiring of the new Fire Chief who is capable of bringing the de- partment to a level which the Council thinks should be raised. Councilman Hullum stated that he was impressed by the positive attitude which the firemen had developed. Councilman Evans stated that the material presented in the first report justified the original decision but since that report other facts have been presented which makes him agree with the recommendation of the Committee. Councilman Stasney felt that the Council should wait and see the improvement rather than grant the increase upon the anticipated improvement. City Manager Voelkel suggested that if the Council is going to increase the 1% to the Fire- men, many other departments are productive and deserving and he was hopeful that the 1% would be across the board. Councilman Kelley then moved to amend his motion to include other employees who received the 6% increase October 1st, with a $30 minimum. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker Nays: Councilman Stasney ** Councilmen Hullum and Kelley excused from the meeting. Committee Reports - Continued Councilman Cannon, Chairman of the Traffic Committee, referred to the letter received from W. E. Carmichael, District Engineer Texas Highway Department, in reference to the standard signing configuration for mandatory signs, should the City feel these necessary. He; talked with John Lipscomb, Traffic Engineer, who was in agreement that the mandatory right turns should remain; also, Mr. Carmichael. He concluded with a recommendation that the mandatory right truns remain as now indicated, and not as outlined in the letter. However, he did recommend the acceptance of the standard signing configuration otherwise. Councilman Cannon also asked support from the Council in directing the Police Department to stringently enforce the City's ordinance requiring a flagman at all railroad crossings when trains are passing. The Council gave its unanimous support. 14 Minutes, February 25, 1971 4938 Councilman Stasney stated that the Environmental Advisory Board took formal action to approve and recommend the use of plastic bags for refuse collection, also, to initiate a program of segregation of solid waste in order to promote recycling, especially glass bottles and aluminum cans. The Advisory Board was also concerned about the problem of business firms incinerating inefficiently and creating black smoke. The Board took formal action by asking the City Council to consider regulating the burning of refuse in the City by passing an Incinerator Ordinance. The City Attorney will check the feasibility of such an ordinance. Councilman Kloesel asked the City Manager to write a letter to the Houston - Galveston Area Council and ask that a representative observe the operation of a mill operation at the landfill and report to the cities within the area. Approve Committee - Summer Job Fair Program Councilman Kloesel moved to approve the appointment of the Committee governing the operation of the Mayor's Job Fair Program for the summer. Those named at this meeting Maurice Watts, Tom Litras, Mr. Evans with-the HCCA, Carl McAfee, all candidates presently filed for Mayor. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, and Cannon Mayor Walker Nays: None Ordinance - Fencing Around Junk Yards The City Attorney introduced and read an ordinance amending Chapter 16 of the Code of Ordinances, "Junk and Junkyards" to require a fence to sur- round the property at least 8' tall, the type of fencing to be that required in the'luffer Fencing" ordinances with a 30 -day period in which to construct the fence. After discussing the required height of the fence surrounding the junkyards, Councilman Kloesel moved to adopt the ordinance as submitted except requiring a fence of at least six (6'.) feet in height and prohibit stacking any material above the height of the fence constructed. Council- man Cannon seconded the motion. Councilman Stasney moved to amend the motion to reinstate the 8' requirement. Councilman Evans seconded the mo- tion. The vote follows: follows: Ayes: Councilmen Stasney and Evans Nays: Councilmen Kloesel and Cannon Mayor Walker The Mayor then called for the vote on the original motion. The vote Ayes: Councilmen Evans, Kloesel and Cannon Mayor Walker Nays: Councilman Stasney The caption of the ordinance follows: ORDINANCE NO. 1074 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY AMENDING CHAPTER 16, "JUNK AND JUNKYARDS ", BY THE AMENDMENT OF SECTI CN 16 -18 THEREOF; PROVIDING FOR A PENALTY NOT EXCEEDING TWO HUNDRED ($200.00) DOLLARS; RE- PEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Acceptance Improvements on Ward Road City Attorney Laughlin introduced an ordinance accepting the work of improving Ward Road from the East line of Highway 146 to the West line of Kilgore Road. A. J. Busch, the engineer, stated that some minor items of Minutes, February 25, 1971 15 9939 construction have not been completed such as rebuilding storm sewer inlets. Mr. Stanley, with the contractor, had suggested that the City withhold the issuance of the final payment to Warren Brothers until the items mentioned are recon- structed. Councilman Kloesel moved to adopt the ordinance accepting the work of improving Ward Road. 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. 1075 AN ORDINANCE ACCEPTING THE WORK OF IMPROVING WARD 'ROAD IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREINBEIOW DEFINED, UNDER A CERTAIN CONTRACT THEREFOR HERETOFORE ENTERED INTO; FINDING AND DETERMINING THAT SUCH WORK AND IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH CONTRACT AND THAT THE CITY'S ENGINEER HAS SO FOUND AND HAS SO CERTIFIED TO THE CITY COUNCIL, AND MAKING OTHER FINDINGS RELATED THERETO; AUTHOR- IZING AND DIRECTING THE PAYMENT OF THE FINAL ESTIMATE AND THE ISSUANCE AND DELIVERY OF CERTAIN SPECIAL ASSESSMENT CER- TIFICATES IN CONNECTION THEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. Request - League of Woman Voters Councilman Evans moved to approve the request of the League of Women Voters to use the Council Chambers on the evening of Tuesday, March 30 to conduct a forum to hear the candidates for city offices. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney and Cannon 1 Mayor Walker Naye: None Miscellaneous The City Attorney was instructed to draft an ordinance prohibiting dumping along the right - of-way within the City Limits. The City Manager and City Planner were asked to make recommendations as soon as possible on how the Master Plan could best be updated. The City Administration was asked to study ways and means of using the overhead 201 Spur for storage of equipment and other purposes relating to the operations of the City. Adjournment There being no further business to come before the Council, the motion was made by Councilman Cannon and seconded by Councilman Evans that the meeting adjourn. The ayes were unanimous and th e peyor de d the meeting adjourned. C. Glen Walker, MaayVfw/ �ATTEST, ,�/^/7 t (/////�^/////��/�\J ^ U in Il/ \ Ys"L�J_J Edna Oliver, City Clerk 1 - AP R William R. Laughlin, City Attorney