1971 05 27 CC Minutes5020
MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 27, 1971
The City Council of the City of Baytown, Texas met in regular session on Thursday,
May 28, 1971, at 5:30 p.m., in the Council Room of the Baytown City Hall with the
following members in attendance:
Ted Kloesel Councilman
Charley O. Walker Councilman
Jody Lander Councilman
Leonard Stasney Councilman
** Jim McWilliams Councilman
* Allen Cannon Councilman
C. Glen Walker Mayor
* D. R. Voelkel City Manager
Howard Northcutt Administrative Assistant
Kenneth DeHart Assn't City Attorney
Edna Oliver City Clerk
The Mayor called the meeting to order and the Invocation was offered by The
Reverend M. H. Smoke. The Mayor then called for the minutes of the special meeting
on May 12th and May 18th and the minutes of the regular meeting on May 13th.
Councilman Kloesel moved to approve the minutes of the special meeting on May 12th
as submitted in written form. Councilman Walker seconded the motion. The vote follows:
Ayes. Councilmen Walker, Kloesel, Lander, Stasney and Cannon
Mayor Walker
Nays: None -
Councilman Kloesel moved to approve the minutes of the regular meeting on May 13
as submitted in written form. Councilman Cannon seconded the motion. The vote follows:
Ayes: Councilman Walker, Kloesel, Lander, Stasney and Cannon
Mayor Walker
Nays: None -
Councilman Walker moved to approve the minutes of the special meeting on May 18
as submitted in written form. Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Walker, Kloesel, Lander, Stasney and Cannon
Mayor Walker
Nays: None
Agree Digress Agenda Order to Elect Mayor Pro Tom Upon Arrival Councilman McWilliams
At the request of Councilman Stasney the Council agreed to digress from the order
of business, and the agenda, to elect a Mayor Pro Tem as Councilman Cannon and
City Manager Voelkel will be excused from the Council meeting at 7:30 o'clock to
attend graduation exercises at Sterling High School.
Traffic Committee - Amend Truck Route Ordinance to Provide East -West Artery
Councilman Cannon reported a recommendation from the Traffic Committee to revise
the City's present Truck Route ordinance to provide an east -west route. At the last
meeting the Traffic Committee voted unanimously to approve Ward Road, from North Main
to Highway 146, as an addition to the truck route. He concluded with a motion that the
Truck Route Ordinance be amended to provide this east -west truck route. Councilman
Stasney seconded the motion. Councilman Kloesel stated that he would favor limiting
truck traffic on Ward Road at the present time. Following some further discussion,
the vote was called:
Ayes: Councilmen Walker, Stasney, Lander and Cannon
Mayor Walker
Nays: Councilman Kloesel
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5021
Minutes, May 27, 1971
Dr. Hurr - Continuation Discussion Improvement of Bayway under Bond Program
Dr. John Hurr once again appeared before the Council relative to the proposed
improvements of Bayway Drive under the bond program. He reviewed much of the same
material which was submitted at the May 13th meeting; not lowering Bayway Drive,
no curbs and gutters, no esplanade, no assessments to the abutting property owners
and continue improvements of Bayway Drive in a manner beneficial to the area and
to the property owners - a high, dry, widened four lane Bayway Drive. The second
speaker was Dr. David Hurr who submitted an alternate plan to the present engineering
plan which is being opposed by the group. He set up a projector and showed slides
of the engineering method used on the improvement of Spencer Highway which was
quite similar to Bayway Drive when the improvements started, yet the project
was completed without cutting the road bed down, providing an esplanade, nor
making front foot assessments against abutting properties, and by using the old
road bed the cost was less than one -half of the proposed cost of improving Bayway
Drive. The Reverend Joiner of St. Paul's United Methodist Church was the third
speaker who spoke in the name of the churches that have property fronting Bayway
Drive. He stressed having the improvements done on the basis of the best engineering
recommendations; Bayway is commercial thoroughfare, and should be built without
property participation; if it cannot be built without assessing, the assessment
should be fair. Shorty Tharp, a realtor, was the fourth speaker and he concurred
with the items set forth on the petition, no curbs and gutters, no lowering of
street, no esplanade and no cost to property owners. Since it is a county road,
he proposed county participation in the improvements of Bayway Drive. County
Commissioner Jamie Bray was present and when given an opportunity stated that he
had made no commitment as to the improvement of Bayway Drive, prior to nor since
his election but, if and when there is another county bond issue he will make a
concerted effort to include Bayway Drive in the proposed issue. At the present time,
nominal maintenance is performed by the county only, as he has only $3,257 -.00 allocated
in this year's budget for such maintenance work on Bayway. However, he has been
contacted by residents of the area who have proposed that he stop or change this
project, but he pointed out his inability to attempt such measures as he has no
authority because the entire proposed project lies wholly within the city limits
of Baytown. He recommended that the Administration go to the State to determine
if there is a program which would provide funds for the improvement of such a ,
thoroughfare as Bayway Drive. ( ** Councilman McWilliams arrives at meeting)
( *City Manager Voelkel and Councilman Cannon excused from meeting) Milton Campbell,
spokesman for the Brownwood Civic Association, submitted a petition which had been
adopted by the Association and proposed the construction of Bayway Drive in the
manner proposed in the 1970 Bond Program. Mr. Frank Whalen, representing the
Lakewood Civic Association, also submitted a resolution which was adopted by the
Association and favored the construction of Bayway Drive as set forth in the city's
comprehensive plan for major thoroughfares. Further discussion deferred to hold
public hearing on proposed annexation of Whispering Pines Subdivision.
Public Hearing - Proposed Annexation of Whispering Pines Subdivision
After introduction by Mayor Walker, Kenneth DeHart, Acting City Attorney who
gave a brief resume on the purpose of the public hearing. The ordinance calling the
public hearing set the date for May 13th, but the publication called for the hearing
on the date of May 27th. He stated that it would be in order for the council to
make a motion ratifying that the hearing being held at this meeting is the hearing
called for in Ordinance No. 1096. Councilman Stasney moved to ratify that the hearing
being held at this meeting is the same as referred to in Ordinance No. 1096. Councilman
Lander seconded the motion. The vote follows:
Ayes: Councilmen Walker,.Kloesel, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
The Mayor then called the public hearing on the proposed annexation of Whispering
Pines Subdivision open and asked if anyone in the audience would like to be heard
on the subject matter. No person arose to be recognized nor did the Council have
questions to offer. Councilman Stasney moved that the public hearing be closed.
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Walker, Kloesel, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
IVL
5022
Minutes, May 27, 1971
Resume Discussion Proposed Improvements Sayway Drive
Councilman Kloesel moved for the Council to adopt a concept for the improvement
of Bayway Drive as a four lane roadway similar to the Spencer Highway Project,
without curbs, gutters, storm sewers or esplanade. Councilman Walker seconded the
motion. The council then entered into detailed discussion of the motion, which
would change the engineering design without adequate knowledge of cost, the legal
question posed if abutting property owners are excluded from bearing their
prorate share of improvements, possible postponement of action on the program at
this time to allow some study by the consulting engineers, city engineer and
city administration, etc. Councilman Stasney then moved to table the motion.
Councilman McWilliams seconded the motion. The vote follows:
Ayes: Councilmen Lander, Stasney and McWilliams
Nays: Councilmen Walker and Kloesel
Mayor Walker
Following some further discussion, Mayor Walker than called for the vote on the
original motion. The result follows:
Ayes: Councilmen Walker and Kloesel
Nays: Councilmen Lander, Stasney and McWilliams
Mayor Walker
A. J. Busch, consulting engineer, gave a brief report on the Bayway project
from its inception until the present date, the movement of traffic and the safety
involved therein. Following his report, Ross Wilhite, the Director of Planning of
the City of Baytown, gave a summary which was brief but effective setting forth
the aim and purpose of planning in relation to moving traffic on highly congested
roadways with the least possible traffic hazards. He quoted figures which had
been projected by the State Highway Department for Bayway Drive by 1980 with an
expected range of 27,000 to 31,000 by 1990 as compared to existing traffic.
The state's recommendation was a thoroughfare with enclosed drainage and a median
with separate left turn lanes which will be needed for safety, and at a later date,
for capacity purposes. Films were also shown in order to better inform the Council
and those attending the meeting of the need for movement of traffic as well as safety.
At the conclusion of the presentation, Mayor Walker asked the administration to
determine cost estimates on alternates, actual figures on enhancement appraisals,
investigate possibility of State participation and timetable projection to aid the
Council in making its decision relative to the type improvement for Bayway Drive.
Stipe - Cleanup Campaign
James Stipe, local businessman, asked the Council to cooperate with him in an
effort to keep Baytown clean, and presented pictures pointing out the areas particularly
in need of mowing.
Approve Water Main Extension - Marina Apartments
Councilman Stasney moved to authorize the Public Works Department to provide the
request of the developers of Villa Marina Apartments for the utility extension.
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilman Walker, Kloesel, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
Annexation Ordinances- Second Reading
Councilman Kloesel moved to adopt, on second reading, Ordinance No. 1092 -A
annexing 3.388 acres of land at the northwest corner of Highway S -196 and Massey
Tompkins Road. Councilman Walker seconded the motion. The vote follows:
Ayes: Councilmen Walker, Stasney, Kloesel, Sander and McWilliams
Mayor Walker
Nays: None
The caption of the ordinance follows:
5023
Minutes, May 27, 1971
ORDINANCE NO. 1092 -A
AN ORDINANCE CONTAINING ORDINANCE NO. 1092, INTRODUCED ON THE 22ND
DAY OF APRIL, 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'T.IMITS OF THE CITY OF
BAYTOWN, TEXAS." PROVIDING FOR THE FINAL PASSAGE OF SAID ORDINANCE
PURSUANT TO ARTICLE I, SECTION 9, OF THE CHARTER OF THE CITY OF
BAYTOWN, TEXAS.
Annexation ordinances - Final Reading, Continued
Councilman Kloesel moved to adopt, on final reading, Ordinance No. 1093 -A
annexing 3.64 acres of land containing the South Kolon Apartments. Councilman
Stasney seconded The motion. The vote follows:
Ayes: Councilmen Walker, Kloesel, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1093 -A
AN ORDINANCE CONTAINING ORDINANCE NO. 1093. INTFi7DUCED ON THE 22ND
DAY OF APRIL 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 AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS," PROVIDING FOR THE FINAL PASSAGE OF SAID ORDINANCE
PURSUANT TO ARTICLE I, SECTION 9, OF THE CHARTER OF THE CITY OF
BAYTOWN, TEXAS.
Councilman Stasney moved to adopt, on final reading, Ordinance No. 1094 -A
annexing 26.2 acres of land containing King's Bend Subdivision, Section II.
Councilman Walker seconded the motion. The vote follows:
Ayes: Councilmen Walker, Kloesel, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
The caption of the Ordinance follows:
ORDINANCE No. 1094 -A
AN ORDINANCE CONTAINING ORDINANCE NO. 1094 -A, INTRODUCED, ON THE
22ND DAY OF APRIL, 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 AJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS," PROVIDING FOR THE FINAL PASSAGE OF SAID ORDINANCE
PURSUANT TO ARTICLE I, SECTION 9, OF THE CHARTER OF THE CITY OF
BAYTOWN, TEXAS.
Ordinance - Approving and Accepting Street in 1970 Street Rebuilding Program
Councilman Kloesel moved to adopt an ordinance approving and accepting
paving improvements on certain streets in the 1970 Street Rebuilding Program
and authorize final payment of contractor in an amount of $7,797.66. Councilman
Walker seconded the motion. The vote follows:
Ayes: Councilmen Walker, Kloesel, Lander, Stasney and McWilliams
mayor Walker
Nays: None
The caption of the ordinance follows:
1 i 1. 1
I
5023 -(�-
Minutes, May 27, 1971
ORDINANCE NO. 1098
AN ORDINANCE OF THE CITY COUNCIL OF.TBE CITY OF BAYTOWN, APPROVING
AND ACCEPTING PAVING IMPROVEMENTS ON CERTAIN STREETS COVERED BY THE
1970 STREET IMPROVEMENT PROGRAM MALE BY AUSTIN PAVING COMPANY; FINDING
THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT;
ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING
THE FINAL PAYMENT TO THE SAID AUSTIN PAVING COMPANY; AND PROVIDING
THE EFFECTIVE DATE HEREOF.
Discussion - Proposed Revisions Chapter 6, Code of Ordinances - Auto & Emergency Wreckers
Councilman Stasney, the one remaining member of the City Council Wrecker Committee,
stated that the Baytown Wrecker Association had approached the Wrecker Committee with
• proposal for certain changes in the Baytown Wrecker Ordinance. The two groups held
• joint meeting and each item was discussed in detail but the Council Wrecker
Committee did not always agree with the proposal of the Wrecker Association and the
proposed amendments as recommended by the Council Wrecker Committee does not fully
follow the guidelines of the Baytown Wrecker Association. Manuel Pease, President
of the Baytown Wrecker Association, proposed that further action on the revisions
be postponed because of the change in the City Council and the inability of his
attorney to meet with the Council because of other business. Since seeing the list
of amendments as proposed by the Council Wrecker Committee he pointed out several
items of concern, this was his reason for requesting a deferment of action so that
the Baytown Wrecker Association could talk with the Council Wrecker Committee before
the City Council is asked to take action on the amendments. The Mayor named a
Council Wrecker Committee composed of Councilman Stasney as Chairman and Councilman
Walker and McWilliams to serve with him. However, Councilman Stasney proposed the
amendment of the present Wrecker Ordinance to provide for the creation of an
Administrative Wrecker Committee which would replace the Council Wrecker Committee.
This met with the approval of Mr. Pease but the composition of persons on the
committee differed. Councilman McWilliams moved to turn this matter over to the
City Manager and let him have the responsibility of dealing with the Wrecker
Association and select whomever he choose to be on the committee and bring back
a recommendation at the next meeting. Councilman Sander seconded the motion. The
vote follows:
Ayes: Councilmen Sander and McWilliams
Nays: Councilmen Walker, Kloesel, Stasney
Mayor Walker
Councilman Stasney then moved to instruct the City Attorney to amend the Wrecker
Ordinance according to proposed amendment No. 3. Councilman Walker seconded the
motion. The vote follows:
Ayes: Councilman Walker, Kloesel, Lander, and Stasney
Mayor Walker
Nays: Councilman McWilliams
Authorize Mayor - Serve panel Austin - Tuesday r Governor's Traffic Safety Conference
Councilman Kloesel moved to authorize the Mayor to represent the City of Baytown
as a panel member at the Governor's Traffic Safety Conference to be held in Austin
Tuesday, June 1st. Councilman Walker seconded the motion. The vote follows:
Ayes: Councilmen Walker, Kloesel, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
Postpone Business - June 15th meeting
Councilman Kloesel moved to postpone business of the Council until the June 15th
meeting date. Councilman Stasney seconded the motion. The vote follows:
Ayes: Councilmen Walker, Kloesel, Lander, Stasney and McWilliams
Mayor Walker
Nays; None
Monday, June 7th, the Council will meet at 5:00 o'clock p.m. to make a tour of
the sanitary sewer facilities of the City of Baytown.
P
5024
Minutes, May 27, 1971
Adjourn
There being no further business to.come before the Council, Councilman Walker
moved for the meeting.to adjourn.. Councilman Stasney.seconded_the._motion. The
ayes were unanimous and the Mayor.declared the meeting adjourned...
Edna Oliver, City Clerk +�
9