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1971 06 15 CC Minutesr n r MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 15, 1971 The City Council of the City of Baytown, Texas met in regular session on Tuesday, June 15, 1971 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: C. O. Walker Jody Lander Leonard Stasney Allen Cannon Jim McWilliams C. Glen Walker D. R. Voelkel Kenneth DeHart Edna Oliver Absent: Ted Kloesel Councilman Councilman Councilman Councilman Councilman Mayor City Manager Acting City Attorney City Clark Councilman 5026 The Mayor called the meeting to order and the Invocation was offered by The Reverend G. L. Nichols, Pastor of the Redeemer Lutheran Church. He then called for the minutes of the regular meeting on May 27, 1971. Councilman Stasney moved to approve the minutes as submitted in written form. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Councilman Lander moved to approve the minutes of the June 7th meeting as submitted in written form. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilman Walker, Lander, Staaney, Cannon and McWilliams Mayor Walker Nays: None John Fontana - Request Authorization Form Spring Meadows Utility District Mr. James Strock, representing John Fontana, developer, submitted a petition for the written consent of the City of Baytown to the organization of Spring Meadows Municipal Utility District which contains an area of 965 acres, more or less, lies wholly within Harris County and is within the extraterritorial jurisdiction of the City of Baytown. Mr. Fontana is the prospective owner and developer of the proposed district and has agreed to install all facilities by the standards of the City of Baytown. Bonds will be sold to finance the installation of the required facilities. The District shall reserve the right to redeem the bonds on any interest payment date subsequent to the fifteenth anniversary of the date of issuance without premium. Many .facets of the proposed development were discussed including the reservation of a small tract of from 3 to 5 acres as a neighborhood park. Mr. Fontana stated that he would be willing to make this reservation in the second phase of the development as it would cover approximately 150 acres; the first only 50 acres. Following some further discussion, Councilman Walker moved to take the request under consideration and refer to the City Administration for areconmendation by the next regular meeting date. However, the Mayor declared the notion dead for lack of a second. Acting City Attorney Dehart assured the Council that the City had adequate .protection should it favor granting consent to the organization of a Municipal Utility District as all specifications set forth in the instrument must be met if bonds are to be sold. Councilman Stasney moved to adopt a resolution granting authorization for the formation of Spring Meadows Municipal Utility District within the City's extraterritorial jurisdiction. Councilman McWilliams seconded the motion. The vote follows: f �+ 5027 Minutes, June 15, 1971 Ayes: Councilmen Lander, Stasney, McWilliams and Cannon Mayor Walker Nays: Councilman Walker The caption of the Resolution follows: RESOLUTION NO. 341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CQNSENT TO THE CREATION WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTIbW OF A POLITICAL SUBDIVISION HAVING ONE OF ITS PURPOSES THE SUPPLYING OF FRESH WATER FOR DOMESTIC OR COMMERCIAL USES OR THE FURNISHING OF SANITARY SEWER SERVICES PURSUANT TO SECTION 8B, ARTICLE 97a,'TEXAS CIVIL STATUTES, SUCH POLICICAL SUBDIVISION TO BE MOWN AS SPRING MEADOWS MUNICIPAL UTILITY DISTRICT CONTAINING 485.36 ACRES:OF LAND, MORE OR LESS, IN HARRIS COUNT', TEXAS, SAID LAND BEING DESCRIBED BY METES AND BOUNDS IN AN INSTRUMENT ATTACHED" TO THIS RESOLUTION. Request - Developers Barcelona Apartments - Extension of Paving Beaumont Street Joe Aylor, developer of Barcelona Apartments, submitted a written proposal for the third and final extension of Beaumont Street which will extend to the north boundary line of his development. He proposed to pay two- thirds of the cost of paving a 31 foot street, including excavation, subgrade stabilizktion curb and gutter; 2) the City pay for all drainage plus remainder of paving costs; 3) engineering costs to be divided equally. This was the basis of the first two extensions, however, a new street paving policy was adopted in November, 1970 which is not compatible with the first policy. It is based on the enhancement to the property in relation to cost rather than a fixed fee. The majority of the Council agreed that any request for participation should be under the new policy adopted in November, 1970 even though, in this case, it is possible the cost to the developer may be less than he proposed in his letter of May 27th. Councilman Stasney moved to enter into an agreement with Mr. Aylor to permit the improvement of Beaumont Street as a collector street, city to pay for drainage structure and equally divide engineering costs. Councilman McWilliams seconded the motion. Councilman Cannon suggested an appraisal to see which policy would be to the best advantage of the city, and it was pointed out that the new policy under which this improvement will be done requires an appraisal to determine the enhancement, Following some further discussion, the vote was taken: Ayes: Councilmen Walker, Lander, Stasney and McWilliams Mayor Walker Nays: Councilman Cannon An appraisal will be made and the City will proceed on the improvement of the street based on the policy adopted in November, 1970. Bayway Drive Improvements Mayor Walker gave an oral report on the results of a meeting with officials of the Texas Highway Department at its District office in Houston relative to state participation on the improvements of Bayway Drive. He stated that the long range plans for Bayway Drive projected a four lane-Amproved route connecting Decker Drive ultimately with Spur 201. These plans have been projected since the adoption of the master thoroughfare plan on 1965: Based on that ultimate development, his group approached the State for some type participation in costs of such a major project. The state Highway officials encourage the City to make application under every available program and three programs were named: 1) Bayway Drive be designated as a Spur which would connect 330 with Spur 201; 2) Bayway designated as a Loop,and /or FM Road connecting ultimately with spur 55 and into Chambers County; and 3) and finally, through the office of Oliver Stork, an application to be included in the Urban System designed to meet problems of moving traffic in urban areas plagued with metropolitan congestion. The Council discussed the possible delay of the Bayway project in order to permit time for the applications to be processed and learn the end results, but the urgent need of the perimeter street in Brownwood posed a matter of much concern to the Council, especially to be in place prior to the hurricane season in 1972. Seth Mitchell, representing the Brownwood Civic Association, requested that the perimeter road be expedited as soon as possible. A. J. Busch, Jr., consulting engineer, gave a brief report on the cost of constructing the perimeter road 5028 with the fill from Bayway Drive, and without. The comparison revealed that. a better job could be done if the two projects were tied together at less cost to the City. Councilman McWilliams moved to instruct the Administration to proceed with making application for state aid under the three suggested programs; to immediately explore, with the consultants, the possibility of separating the Bayway and Brownwood perimeter road projects and submit alternates on how to proceed with the more urgent of the two projects and what effect the separation would have on the program as a whole. Councilman walker seconded the motion. The vote follows: ■ Ayes: Councilmen Walker, Lander, Stasney, Cannon and Walker e Mayor Walker Nays: None Mr. Chappell - General Telephone Company — Present Request for General Telephone Rate Increase Al Chappell, Division Manager of General Telephone Company, and Dick Felch of the San Angelo office appeared before the Council to request new telephone rates for Baytown. The proposed rates would increase business one part from $19 to $21.50; Business extension, $1.75 to $2; Residence one - party, $7.75 to $8.75; Residence, two- party, $6 to $7; Residence extension, $1.25 to $1.50; Rural Business $11 to $13.50 and Rural Residence, $6 to $6.75. Mr Chappell explained that the increase is required because the present earnings in Baytown are insufficient, with a present rate of return is 4.8% which is grossly inadequate particularly in terms of the current yield demanded on investments. He stated that his company stood ready to provide whatever information the Council may require to completely substantiate the rate increase request. the council submitted several quiestions which were answered in part by Mr. Chappell. The Mayor proposed that the Council become a committee of the whole to study the request as the : former Utility Committee is vacant of two members. Upon inquiry, Acting City Attorney DeHart stated that the knew of no reason, legally, why the Council could not negotiate with the Telephone Company regarding the rates, but at some stage, the Council should negotiate the franchise contract and suggested that both be done at the same time. Councilman Stasney moved to receive the request and refer the request to the Utility Committee, in this case the Committee being the entire Council acting as a committee of the'whole. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, Stasney and Cannon Mayor Walker Nays: None Abstained: Councilman McWilliams Ben Wilson - Charter Study Committee Ben Wilson, Chairman of the Charter Study Committee, gave an interim report on the work of the Committee. Twelve meetings have been held with minutes taken on each meeting, two (2) public hearings with no major changes. The Committee will proceed with its study and submit its final report later in the year. Glen Rosier - Baytown Police Association - SUbmit request Additional Benefits Glen Rosier, representing the Municipal Police Association, appeared before the Council with a request for a salary increase and other benefits in relation to the department. The request included: (1) salary increase of $100 per month (2) Benefits: a. Insurance: City pay for entire family b. Retirement: Pay 2 to 1 retroactive to date of employment on maximum salary I. Cleaning of uniforms: City reimburse uniform officers $12 monthly, Plainsclothesmen $45 monthly d. Education: City pay per cent monthly for each college credit e. Holidays: City allow 2 more days per year f. Vacation: Officers be allowed 5 extra days to be accumulated and paid for on termination. 1 U 5029 Following Mr. Rosier's presentation, the Council heard Rod Gorman, Assn't District Attorney who stated that he was not appearing in support, directly, of the Police Association. He has occasion to view about eight (8) different policing agencies in Harris County and in his opinion, Baytown has a well - trained and efficient police force. The Detectives are very well respected in his office, and the Patrolman is immensely effective and indicated by the number of on -sight arrests involving burglaries and thefts that have occurred in this calendar year. His purpose in appearing is to attempt to "sell" a change in concept in police and law enforcement because it is changing. Law enforcement personnel must now be certified and a continuing educational program is available to keep the enforcement up -to -date on the rapid changes occurring in this growing field of law enforcement. He touched on several facets other than education and urged the Council to implement some of the ideas set forth in the proposal submitted by the association. Ordinance Amending Code - Provide Administrative Committee - Wrecker Ordinance Councilman Stasney moved the adoption of an ordinance amending the Code of Ordinances Chapter 6 thereby reorganizing the wrecker committee as an administrative committee as proposed by the Baytown Wreckers Association. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1099 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN; AMENDING CHAPTER 6 SECTION 6 -1 SUB- SECTION (F) OF ORDINANCE NO. 968; THEREBY REORGANIZING THE WRECKER COMMITTEE AS AN ADMINISTRATIVE COMMITTEE; REPEALING ORDINANCES INCONSIS- TENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF Discussion - Proposed Annexation of Whispering Pines Subdivision City Planner Ross Wilhite reviewed some of the problems presently being encountered by Dan Savell, developer of Whispering Pines Subdivision in reference to right of way requirements of the HCFCD. Mr. Savell has requested the City to annex the proposed development and a hearing has been held. The annexation is necessary because the developer will need water and sewer facilities for the subdivision and he proposes to connect with the city's main in each instance. The Planning Commission has reviewed the subdivision plans, but does not have the staff to make an indepth study. Mr. Wilhite was of the opinion that the Plannnng Commission must rely upon the engineering staff of the HCFCD even though Mr. Savell and his engineer think the requirements of the county is excessive, especially the 150' easement along Cedar Bayou. The City Attorney had prepared an ordinance extending the boundary limits of the city to include this development but it was.-evident that several problems must be resolved between the HCFCD and the developer.. Councilman Stasney moved to table this motion until some questions are answered, and Mr. Savell has had an opportunity to be heard. Councilman Cannon seconded the motion. The vote followai Ayes: councilmen Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Proposal Pilot Club Donate Funds - Memorial Mr. Thompson of the Prks and Recreation Department, submitted a drawing of a memorial which the Pilot Club of Baytown proposes to donate to those individuals who have served in the armed forces of our country. In the memorial will be two red granite stones engraved appropriately with an eternal flame i n the front of the memorial which will tie the two memorials together. Also, a flag will be placed directly behind the memorial. The only cost to the city will be a slight increase in the sidewalk -,area where the memorial will be located. Mrs. Doris Sherron, President of the Pilot Club, stated that the engraving would � 9 Minutes, June 15, 1971 5030 be so written as to honor all servicemen, past and present. Councilman Stasney moved to accept the offer of the Pilot Club to erect a memorial in accordance with the plans presented, and the Council, officially in writing, recognize this contribution of the Pilot Club and the Veterans' Organizations which will participate. Councilman McWilliams seconded the motion. The vote follows? Ayes: Councilmen Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Ordinance - Amending Truck Routes to Include Ward Road -North Main to Highway 146 Councilman Cannon moved to adopt an ordinance amending an ordinance relating to truck routing in Baytown by adding a portion of Ward Road as a truck route from North Main to Highway 146. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays:; None The caption of the ordinance follows: ORDINANCE NO.1100 AN ORDINANCE AMENDING ORDINANCE NO. 1064, CHAPTER 30, SECTION 30 -2 TO ADD A PORTION OF WARD STREET AS A TRUCK ROUTE; REPEALING ORDINANCES INCONSISTENT HEREWITH; C NTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Making Unlawful to Open Car Door in Manner to Create a Traffic Hazard Following some discussion, Councilman Lander moved to adopt an ordinance which would make it unlawful for any person to open or enter a car door or emerge from a vehicle in the path of an approaching vehicle in such a manner as to create a traffic hazard. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE 1101 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN BY AMENDING CHAPTER 1S ARTICLE 5, BY THE ADDITION OF A NEW SECTION; THEREBY MAKING IT UNLAWFUL TO OPEN AN AUTOMOBILE DOOR IN SUCH A MANNER AS TO CREATE A TRAFFIC HAZARD; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Ordinance - Amending Code Making it Unlawful to Store Motor Vehicle on Private Property Councilman Stasney moved to adopt an ordinance amending the code of ordinances by making an additional section to Section 33 -27.1 to make it unlawful to store any licensed or unlicensed motor vehicle of any kind, parts, rusted, wrecked, etc upon any private property in excess of thirty (30) days unless it is completely enclosed within a building or stored in connection with a used car or junk area. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, Stasney and Cannon Mayor Walker Nays: Councilman McWilliams The caption of the ordinance follows: 0Z 5031 ORDINANCE 1102 Minutes, June 15, 1971 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN; AMENDING ARTICLE 4 BY THE ADDITION OF A NEW SECTION; THEREBY MAKING IT UNLAWFUL TO STORE MOTOR VEHICLES ON PRIVATE PROPERTY; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Ordinance - Amending Code to Remove Portion Dealing with Abandoned Vehicles Councilman Walker moved to adopt an ordinance amending Section 33 -27 of the Code of Ordinances so as to remove and repeal the portion of the section dealing with abandoned automobiles. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, Stasney and Cannon Mayor Walker Nays: Councilman McWilliams The caption of the ordinance follows: ORDINANCE NO. 1103 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN; AMENDING ARTICLE 7 SECTION 33 -27; THEREBY REMOVING THAT PORTION OF THE ORDINANCE DEALING WITH ABANDONED VEHICLES; REPEALING ORDINANCES IN- CONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Bids - Truck - Chassis, Combination - Winch & Fifth Wheel Body and Street Sweeper Bids were received on miscellaneous equipment. The tabulation follows: Truck Cab and Chassis Kemp & Tony's Eqp. 1964 Mack Diesel Delivery l day $3,400.00 Lumus Baytown Dodge 1968 Dodge C1000 Delivery 2 days $4,890.00 Manuel R. Pease 1965 Int. Diesel Delivery 21 days $3,995.65 Combination Winch & Fifth Wheel Body Childs Truck Equipment Elder International Manuel R. Pease Street Sweeper Browning - Ferris Machinery R. B. Everett (Alternate..) (Al terna te I . . Fogle Equipment Co. (Alternate) ... Child's Body, Ramsey Winch Del. 12 days $3,198.00 Elder Model F73 -kO210 Del. 14 days $3,281.00 Used 5th Wheel Body, Complete Del. 21 days $2,000.00 Wayne 1 -984 Del. 50 days $11,528.00 If elevator and hopper flusher desired... 100.00.plus Wayne 1 -945 Del. 90 days $14,936.00 3 -wheel white wing If 8- cylinder 4-wheel white wing 3-wheel M -B Cruiser 4-wheel M B cruiser Del. 30 -45 days $12,000.00 550.00 plus no bid no bid Del. 120 days $16,292.00 In reviewing the bid quotations, City Manager Voelkel stated that it was the recommendation of the Administration that the bid of Kemp and Tony on the used truck @ $3,400.00, the bid of Elder International on the F73 -10210 @ $3,281.20 and the bid of Browning - Ferris Machinery on the Wayne 10984 plus the elevator and hopper flusher system @ a cost of $11,628.00 be accepted. After a lengthly discussion; Councilman Stasney moved to accept the truck bid of Kemp & Tony's equipment Company, defer action on the 5th wheel body to allow a reevaluation to determine the best bid, and to accept the bid of Browning- Ferris on the Wayne 1 -984 street sweeper, including the elevator and hopper flusher system at a cost of $11,628.00. Councilman Cannon seconded the motion. The vote follows: 0 I r Minutes, June 15, 1971 5032 Ayes: Councilmen Walker, Stasney and Cannon Mayor Walker Nays: Councilmen Lender and McWilliams Deferred Naming Appointments to Boards The Council deferred naming appointments to the Mobile Home Review Board and the Planning Commission until the next regular meeting of the Council. Resolution - Houston Galveston Area Council - Endorsing Amendment Bylaws Councilman Stasney moved that a resolution be prepared to the Houston - Galveston Area Council endorsing their Article VI of the bylaws allowing an executive committeeman from each home ruly city in excess of 25,000 population. Councilman Walker .seconded the motion. The vote follows: Ayes: Couuncilmen Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None The caption of the resolution follows: A RESOLUTION AMENDING ARTICLE VI, SECTION 1 OF THE BYLAWS OF THE HOUSTON- GALVESTON AREA COUNCIL ENTITLED EXECUTIVE COIMfITTEE TO PROVIDE FOR AN ADDITIONAL REPRESENTATIVE ON THE EXECUTIVE COMMITTEE FROM EVERY MEMBER HOME RULE CITY OVER 25,000 POPULATION AND CERTAIN PROCEDURAL MODIFICATIONS. Acting City Attorney - Pipe Line Committee Materials Acting City Attorney DeHart was instructed to gather all materials which the Pipe Line Committee has at its disposal and, after making comparison with neighboring cities and towns, present to the Council for its pursual a draft of an ordinance which establish controls and regulate installations within the city. Councilman Kloesel Reappointed to Board Harris County Community Action Councilman Stasney moved to reappoint Councilman Kloesel as a member of the HCCA Executive Board for another term. Councilman Lander seconded the motion. The vote follows: Ayes: Councilman Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Adjourn There being no further business to come before the Council, Councilman Walker moved for the meeting to adjourn. Councilman seconded the mootion.The � ayes were unanimous and the Mayor declared the meeting adjourned. u�o'CN Edna Oliver, City Clerk �z