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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 6 7f 1 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