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1971 05 13 CC Minutesr I r 5014 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 13, 1971 The City Council of the City of Baytown, Texas met in regular session on 'Thursday, May 13, 1971 at 6:30 o'clock p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted Kloesel Charley 0. Walker Jody Lander Allen Cannon Jim McWilliams C. Glen Walker D. R. Voelkel Howard Northcutt W. R. Laughlin Edna Oliver Absent: Leonard Stasney Councilman Councilman Councilman Councilman Councilman Mayor City Manager Administrative Assn't City Attorney City Clerk Councilman The Mayor called the meeting to order and the Invocation was offered by The Reverend Bill Tate, Central Baptist Church. The Mayor then called for the regular meeting minutes on April 22, and the special-meting minutes on April 26 and 27. Councilman Kloesel moved to approve the minutes of the regular meeting as submitted in written form. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Cannon and McWilliams Mayor Walker Nays: None Councilman Kloesel moved to approve the minutes of the special meeting on April 26th. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Cannon and McWilliams Mayor Walker Nays: None Councilman Kloesel moved to approve the minutes of the special meeting on April 27th as submitted in written form. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Cannon and McWilliams Mayor Walker Nays:. None Resolution - Commending Lamar Kelley Four Years Service - District No. 6 Councilman McWilliams moved to adopt a resolution recognizing and thanking Lamar Kelley for his four years of devoted service to the City of Baytown as Councilman from District No. 6. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Cannon and McWilliams Mayor Walker Nays: None The caption of the resolution follows RESOLUTION NO. 335 A UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN FORMALLY RECOGNIZING AND THANKING LAMAR KELLEY FOR HIS FOUR YEARS OF DEVOTED SERVICE AS COUNCILMAN DISTRICT NO. SIX) AND RECOGNIZING SOME OF THE ACCOMPLISHMENTS HE WAS INSTRUMENTAL IN BRINGING ABOUT DURING HIS TENURE OF OFFICE. 96i 5015 Minutes, May 13, 1971 J Parks & Recreation Board Recommendation - Sponsor Coffee House in Community Building Wayne Gray, Chairman of the Parks & Recreation Board submitted a recommendation to sponsor and fund a Coffee House in the north end of the Teen Center for senior high and college students. To change the atmosphere of the Teen Center some decorations must be purchased plus the cost of supervision five days a week, 7:00 to 12:00 p.m. The Teen Center has not been used as was hoped, and this group has asked for permission to use a portion for the Coffee House during the summer months. Mr. Gray stated that the Parks & Recreation Board had voted unanimously to support them in this program. Provision will be made for the junior high school students in another section of the Teen Center. The council asked questions relating to supervision, the $1 charge previously _ approved by the council, its removal and other areas relating to the operation of the Coffee House, afterwhich, Councilman Kloesel moved to accept the recommendation of the Parks & Recreation to sponsor and fund a Coffee House for senior high and college students during the summer months. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Cannon and McWilliams Mayor Walker Nays: None Councilman Kloesel then made a motion to reduce the $1 membership fee to $0.25 for Teens using the other portion of the Teen Center. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel and Walker Nays: Councilmen Lander, Cannon and McWilliams Mayor Walker Resolution - Commending Don M. Hullum Six Years Service - District No. 3 Councilman Kloesel moved to adopt a resolution recognizing and thanking Don M. Hullum for his six years of devoted service to the City of Baytown as Councilman from District No. 3. Councilman Walker seconded the motion. The vote follows:" Ayes: Councilmen Kloesel, Walker, Lander, Cannon and McWilliams Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 336 A UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN FORMALLY RECOGNIZING AND THANKING DON M. HULLUM FOR HIS SIX YEARS OF DEVOTED SERVICE AS COUNCILMAN FROM DISTRICT NO. THREE; AND RECOGNIZING SOME OF THE ACCOMPLISHMENTS HE WAS INSTRUMENTAL IN BRINGING ABOUT DURING HIS TENURE OF OFFICE. ** Councilman Cannon excused from the meeting for a brief time. Dr. John Hurr - Petition Against Alleged Proposed Improvement Assessment- Bayway Drive Dr. John Hurr, representing property owners along Bayway Drive, submitted a petition in unified protest to alleged proposals as part of the future improve- ments to Bayway Drive. He stated that as a group, the petitioners stood together in total agreement against not only conditions of the improvements, but also, in principle to the manner in which this proposal was presented to the people from its onset. They disliked the following conditions: (1) Do not feel that they should participate in any construction costs for improving a street that is primarily a business street, used!as a thoroughfare by heavy industrial traffic, and which serves as one of the main traffic arteries into Baytown; (2) Against an esplanade down the center of the street, inconvenient for private land owners and detrimental to business interests. Also, opposed to curbs, gutters and storm sewers; (3) Opposed lowering of Bayway Drive. �' G T I Minutes, May 13, 1971 5016 1 From a positive standpoint, they favored an improved street, but in a manner be;ieficial to the area and the property owners. They want a high, dry, widened four lane Bayway Drive minus the esplanade and at no cost to the landowners. Also recommended, the continued improvement of Park Street where a division of traffic exists. In his presentation, Dr. Hurr submitted several questions such as, who determines which streets are totally bond or tax supported in relation to participation costs; (2) was Lakewood Drive a property partici- pation or tatal tax financed; and (3) why should Bayway Drive adjacent landowners bear the expense of repairs if Bayway Drive is a County mad, and can a majority of landowners nullify a participation project? Following his presentation, Mayor Walker pointed out that it would now be inorder to receive the petition. Councilman Walker moved to receive the petition from landowners interested in the Bayway Drive project. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, Kloesel and McWilliams, Mayor Walker Nays: None Mayor Walker explained that because of the three new council members who have not had the advantage of background knowledge relating to the proposed improvements, nor has the council as a whole had an opportunity to lookinto the specifics that were asked, he asked for concurrence to delay answering until the next regular meeting. A work session has been scheduled to review the proposed work schedule of the City with the Administration and the consulting engineers so that the new members will be informed; this is scheduled for the week of May 17. The group concurred and they will meet with the Council at its regular meeting May 27. Carl Connerton - Request Support Hiring Black Policemen Mr. Connerton appeared before the Council because of his concern over the lack of black officers on the police force and proposed the formation of a special committee to look into the matter in order to serve the best interest of the people. Secondly, he stated that his home has been searched by members of the Baytown Police Department without a warrant. In his opinion, this is a direct reflection upon the Chief of Police, the City Manager, and the Police Department, and a committee could serve in the investigation of the two items of concern. He concluded by asking if the Committee will be formed. City Manager Voelkel stated that both the fire and police departments are under Civil Service and as such, all persons hired for the two departments must be hired through the Civil Service Commission. THis is based upon competitive examination with the ones getting the highest grades being hired. To his knowledge, no one has been refused the opportunity to take the examinations and no discrimination would be shown as there is a need for black police officers. Mayor Walker pointed out that there would be no objection to the formation of such a committee if the Council so desired. Councilman Kloesel than moved that the Council authorize the appointment of a fact - finding committee, however, it was declared dead for lack of a second. Mr. Connerton then stated that he had talked with a member of the FBI who felt that his civil rights had been violated, and suggested meeting with the Council, and if the results were not favorable to contact him again. He was encouraged to take this route by the Chief of Police, the City Manager and Mayor. Accept Recommendation - Planning Commission High Priority Sanitary Sewer Facilities Councilman Kloesel made a motion to approve the recommendation of the Baytown planning Commission that the City Council consider the improvement of sanitary sewer facilities to be high priority and a necessary step in maintaining the health and economic growth of Baytown. Councilman Walker seconded the motion- The vote follows: Ayes: Councilmen Kloesel, Walker, Lander and McWilliams , Mayor Walker Nays: None Adopt Resolution (332) PL 660 Application - Expansion W. Main Sewage Treatment Plant Councilman Kloesel moved to adopt a resolution authorizing the City Manager to make application for a federal grant under public Law 669 as amended, for expansion of West Main Sewage Treatment Plant, Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Landerand McWilliams, Mayor Walker Nays: None Bids -Re- equipping Water Well No. 10 - MCElmy Park on Baker Road Three bads were received on the re- equipping of water well #10 at McElroy Park on Baker Road. The tabluation follows: Katy Drilling Company Oil Lube Pump $18,600.00 Water Lub. Pump $18,600 60 day Layne Texas " ' $12,205.00 " " $12,801 95 dys Texas Water Wells " " $12,270.00 $12,370 30 dys It was the recommendation of the Administration and the Consulting Engineer that the con- tract be awarded to Texas Water Wells on the basis of the lowest bid and shortst completion time. Councilman Lander moved to approve the recommendation of the Administration and award the contract to the Texas Water Wells - the Oil Lubricated pump $12,270.00.Councilman MC- Williams seconded the motion. The vote follows: AYES: Councilmen Kloesel, Walker, Lander, & McWilliams, Mayor Walker Nays: None r' 5017 Minutes, May 13, 1971 Resolution - Transfer Funds - General Fund Contingencies Provide Salary Increases Fiscal Year Following a period of discussion, Councilman Lander moved to adopt Resolution No. 333 to amend the General Fund budget for the fiscal year 1970 -71 to provide salary increases approved by the council previously. Councilman McWilliams seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander and McWilliams Mayor Walker Mays: None RESOLUTION NO. 333 A RESOLUTION OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR 1970 -71 BY TRANSFERRING FORTY EIGHT THOUSAND FORTY -NINE 7.1 'STD N01100 ($48,049.00) DOLLARS WITHIN THE GENERAL FUND FROM ACCOUNT NO. 101 -12 CONTINGENCIES TO THE VARIOUS SALARY ACCOUNTS WITHIN THE BUDGET. Resolution Transfer Funds - Water Fund Contingencies Provide Salary Increases Fiscal Year' Councilman Kloesel moved to adopt Resolution No. 334 to amend the Water Fund budget for the fiscal year 1970 -71 to provide salary increases previously approved by the Council. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander and McWilliams Mayor Walker Nays: None RESOLUTION NO. 334 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR 1970 -71 BY TRANSFERRING NINE HUNDRED THIRTY -NINE AND N01100 ($939.00) DOLLARS WITHIN THE WATER FUND FROM ACCOUNT NO. 1006 -12 -3 CONTINGENCY TO VARIOUS SALARY ACCOUNTS WITHIN THE BUDGET. Defer Action - Election Mayor Pro Tem Councilman Lander moved to defer the election of a Mayor Pro Tem until a full Council is present. Councilman McWilliams seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander and McWilliams Mayor Walker Nays: Councilman Kloesel Defer Action - Set Times for Regular Meetings of Council Because research has not been completed on the proposed change in time of regular meetings of the Council, Councilman Walker moved to defer action until the research has*been completed. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Walker, Kloesel, Lander and McWilliams Mayor Walker Nays: None Resolution - 'Expressing'_Sympathy and Gratitude'Family'Late E: D: Cleveland Councilman McWilliams moved to adopt a resolution expressing the sympathy of the Council at the pa8sing of former Mayor . D. Cleveland and commemorating his multitude of civic services to the community.. Councilman Walker seconded the motion. The rote follows: Ayes: Councilmen Kloesel, Mayor Walker Nays: None Walker, Lander and McWilliams RESOLUTION NO. 338 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN COMMEMORATING E. D. CLEVELAND FOR HIS MULTITUDE OF CIVIC SERVICES TO THIS COMMUNITY AND EXPRESSING DEEP AND SINCERE REGRET FOR HIS PASSING. Minutes, May 13, 1971 5018 Resolution - Expressing Sympathy and Gratitude Family Late E. D. Cleveland Councilman McWilliams moved to adopt a resolution expressing the sympathy of the Council at the passing of former Mayor E. D. Cleveland and commemorating his multitude of civic services to the community. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander and McWilliams Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 338 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN COMMEMORATING E. D. CLEVELAND FOR HIS MULTITUDE OF CIVIC SERVICES TO THIS COMMUNITY AND EXPRESSING DEEP AND SINCERE REGRET FOR HIS PASSING Complaint - M. E. Taylor - Relating to Citation Failure to Obtain Junk Yard License The Council referred the complaint of M. E. Taylor relating to a citation received on failure to obtain a junk yard license, to the attention of the City Attorney. He and Mr. Taylor will review the ordinance in question and a determination will be made upon the findings after the conference is completed. Appointment - Abe Simon - 1971 Equalization Board " . Mayor Walker submitted the name of Abe Simon as an appointee to the 1971 Board of Equalization to complete the three (3) man board. Councilman Kloesel moved to approve the appointment of Mr. Simon. Councilman Walker seconded the motion. The vote follows: Ayes: Councilman Walker, Kloesel, Lander and Mc Williams Mayor Walker Nays: None Request of Fire Department Fire Chief Bland reviewed with the Council his recent request for additional manpower and its relationship to the key rate as set by the State Fire Insurance Commission. Also the State Board of Insurance requires any town over 35,000 population to have at least one ladder truck, plus one for each additional 20,000 population. The present apparatus is 28 years old and in a state of disrepair. Maintenance work has been increased as well as training of personnel. The home inspection program has been implemented and to date 11175 homes have been inspected, and as yet, no attempt has been made to do commercial area inspection for fire hazards. (Councilman Cannon returns) Positive steps are being taken to attempt to stabilize the city's key rate, and perhaps lower it. Councilman Lander suggest a work session with Fire Chief in order to better inform those of the council who had no former knowledge of the needs of the fire department before action is taken upon the request. Councilman McWilliams also expressed his.need for being better informed before making a decision and moved to defer further action until the next regular meeting. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Walker, Kloesel, Lander, Cannon and McWilliams Mayor Walker _ Nays: None Adjourn There being no further business to come before the Council, Councilman Lander moved for the meeting to adjourn. Councilman Kloesel seconded ;emotion. The ayes were unanimous and the Mayor declared the meeting adjourne C. Glen Walker, Mayor ATTEST: f�iiU l�V wY-W Edna Oliver, City Clerk APPROVED: William R. Laughlin,City Attourney 007