1971 08 03 CC Minutes5053
MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL OF BAYTOWN
August 3, 1971
The City Council of the City of Baytown, Texas, met in regular session
on Tuesday, August 3, 1971 at 6:30 p.m., in the Council Room of the Baytown
City Hall with the following members in attendance:
Ted Kloesel Councilman
Jody Lander Councilman
Leonard Stasney Councilman
Allen Cannon Councilman
Jim McWilliams Councilman
C. Glen Walker Mayor
D. R. Voelkel City Manager
Kenneth DeHart Acting City Attorney
Edna Oliver City Clerk
Absent: Charley O. Walker councilman
The Mayor Called the meeting to order and the Invocation was
offered by Councilman Allen Cannon. Mayor Walker then called for the
minutes of the regular meeting on July 20th and the special meeting on
July 27th. Councilman Lander moved to approve the minutes as submitted
in written form. Councilman McWilliams seconded the motion. The vote
follows:
Ayes: Councilmen Kloesel„ Lander, Stasney, Cannon and McWilliams
Mayor Walker
Nays: None
Ordinance - Providing Exceptions Building Code - Fire Zone #1 and #2
Attorney DeHart gave a brief resume on the reasons for the proposed
amendments, namely the request of Don Hullum for exemption of property
abutting upon Minnesota Street, and the request of Lee College to exempt
Lots 6,7, and 8, in Block 25 of the Pruett Addition which dead ends on
West Pearce and one portion is within the No. 1 Fire Zone and the
second portion outside. Student housing will be provided on the lots
in question if the Council agrees upon the exemption. Following some
further discussion, and in absence of a plan for regulating and administering
the fire zone requirements, Councilman McWilliams moved to adopt the
ordinance as presented. Councilman Kloesel seconded the motion. The vote
follows:
Ayes: Councilmen Kloesel, Lander, Stasney, Cannon and McWilliams
Mayor Walker
Nays: None
The •caption of the ordinance follows:
{ ORDINANCE NO. 1111
!r AN ORDINANCE TO CHAPTER 7 OF THE BAYTOWN CODE OF ORDINANCES
EXEMPTING CERTAIN PROPERTY FROM CLASSIFICATION IN FIRE ZONE
NO. ONE (1) OR TWO (2); CONTAINING A SAVINGS CLAUSE AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF
Crossing Railroad properties
Councilman Stasney moved to adopt an ordinance authorizing the Mayor
to enter into a licensed agreement with Missouri Pacific RR and
Southern Pacific Railroad for the crossing of their existing
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5054
Minutes, August 3, 1971
rights -of -way with a thirty (30) inch sanitary sewer pipeline. Councilman
McWilliams seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Lander, Stasney, Cannon and McWilliams
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1112
AN ORDINANCE AUTHORIZING THE MAYOR AMC CITY CLERK TO ENTER
INTO A LICENSED AGREEMENT FOR THE EXTENSION OF THE CITY'S
SANITARY SEWER LINE THROUGH THE EXISTING RIGHTS -OF -WAY
OF THE MISSOURI PACIFIC RAILROAD AND SOUTHERN PACIFIC
RAILROAD] AND PROVIDING FOR THE EFFECTIVE DATE.
Consideration ordinance - Amending Code of Ordinance by Adoption of Plumbing
Code
At the July 20th meeting the Council moved to accept a recommendation
of the Administration for the adoption of a new plumbing code compiled by the
Texas State Board of Plumbing examiners and the Texas Municipal League, with
two exceptions. The City Attorney was instructed to prepare such an ordinance
and at this meeting he presented the instrument with the exceptions included.
The new ordinance will permit the use of plastic pipe in DWV and cold water.
Heretofore, this has been permitted only by exceptions. In the discussion
following, Fire Chief Bland stated that he felt no pympathy for plastic piping
in a building even though it has been adopted in other codes. To him it was a
matter of risks and other relating circumstances. Mr. Reagan from the Plumber's
Local 6B submitted pictures and a book which set forth the dangers of the
use of plastic pipe in apartment projects. He talked at length on the fire
hazards involved in the use of plastic pipe as it supports combustion. Leo
Frost, Chief Inspector, stated that he fild there was a drastic need in
Baytown for the use of plastic pipe in conveying cold water rather than the
present required cast iron pipe. Since the Baytown Building Committee
recommended the adoption of such an ordinance to permit the use of plastic pipe
Installation with a dwelling for cold water use, members of the Council felt
they would like to hear a report from them before taking action on the ordinance.
Councilman Kloesel moved to postpone action on the proposed ordinance until the
August 17th meeting. Councilmen Lander seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Lander, Stasney Cannon and
McWilliams
Mayor Walker
Nays: None
Mr. Frost was asked to have a spokesman from the Building Committee,
information from cities presently using plastic pipe, comparison of costs
and other relating data for the council's pursual at the next meeting. Also,
Mr. Reagan was invited to have representatives at the meeting if they so desired.
Or finance - Authorizing Payment Legal Fees Connection Bond Improvement Suit
Mayor Walker asked for any discussion from the Council or any
person attending the meeting relative to the payment of legal fees for
services rendered by Vinson, Elkins, Searle & Smith in connection with
the case of B. B. Williams of TFEB & TPA vs the City of Baytown. The
Council has received an opinion earlier from the Acting City Attorney
who stated that in his opinion the firm is legally entitled to compensation
and set forth his reasons justifying his legal opinion. following some
discussion, Councilman Lander moved to adopt an ordinance approving and
accepting the legal services and authorizing payment of said legal fees of
$5,000. Councilman Stasney seconded the motion. The vote follows:
Ayes: Councilmen Lander, Stasney and Cannon
Mayor Walker
Nays: Councilmen Kloesel and McWilliams
RIF
Minutes, August 3, 1971
The caption of the ordinancefollows:
ORDINANCE NO. 1113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AND ACCEPTING LEGAL SERVICES RENDERED BY
VINSON, ELKINS, SEARLS 6 SMITH, RECEIVING AND ACCEPTING
THE STATEMENT FOR THEIR LEGAL FEES; AUTHORIZING THE
PAYMENT OF SAID LEGAL FEES AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Determine - Time,Place of Public Hearing on 1971 -72 Budget
Councilman Stasney moved to hold the public hearing on the
1971 -72 proposed budget on Monday August 16th at 6:00 p.m.
Councilman Kloesel seconded the motion. The vote fo4cws:
Ayes: Councilmen Kloesel, Lander, Stasney, Cannon and McWilliams
Mayor Walker
NaYS: None
Ordinance - No Parking on Ferguson Street
Councilman Cannon moved to adopt an ordinance, as approved by
the City Council on March 11, 1971, designating Ferguson Street
as a NO PARKING Zone. Councilman Stasney seconded the motion. The
vote follows:
Ayes: Councilmen Lander, Stasney, Cannon
Mayor Walker
Nays: Councilman Kloesel
Abstained: Councilman McWilliams
The caption of the ordinance follows:
ORDINANCE NO. 1114
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BATYOWN, TEXAS,
DESIGNATING FERGUSON STREET AS A NO PARKING ZONE PROVIDED BY
SECTION 18 -122 OF THE CODE OF ORDINANCES; PROVIDING FOR THE
EFFECTIVE DATE AND THE PUBLICATION THEREOF.
Ordinance - Prohibiting Service Units for Dispensing Gasoline in
Motor Vehicles
Councilman Stasney moved to adopt an ordinance prohibiting the
operation of mobile service units within the City of Baytown for
dispensing gasoline to motor vehicles. Councilman Kloesel seconded
the motion. The vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, Cannon and McWilliams
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1115
AN ORDINANCE TO THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 17; THEREBY CREATING A NEW SECTION PROH. BITING THE
OPERATION OF MOBILE SERVICE UNITS; PROVIDING FOR A PENALTY CLAUSE,
CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
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5056
Minutes, August 3, 1971
Ordinance - Prohibiting Service Units for Dispensing Gasoline in
Motor Vehicles
Councilman Stasney moved to adopt an ordinance prohibiting the operation
of mobile service units within the City of BAYtown for dispensing gasoline
to motor vehicles. Councilman Kloelel seconded the motion. The vote
follows:
Ayes: Councilmen Lander, Stasney, Kloesel, Cannon and McWilliams
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1115
AN ORDINANCE TO THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 17; THEREBY CREATING A NEW SECTION PROHIBITING THE
OPERATION OF MOBILE SERVICE UNITS: PROVIDING FOR A. PENALTY CLAUSE,
CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
Review Bids - Fencing Abandoned Vehicle Impoundment Area - Rear New Police
Building
Councilman Stasney moved to defer action on the bids on labor and
materials for fencing an abondoned vehicle impoundment area on the rear of the
site for the new police building to allow time to study the possible relocation
of the site. Councilman Cannon seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Stasney and Cannon
Mayor Walker
Nays: None
Abstained: Councilman Lander and McWilliams
Planning Commission Recommendations
Mr. Clevenger of the Planning Commission submitted several recommendations
for the Council's consideration in assisting the city to progress. The
recommendations follows:
1. The Commission recommended that a minimum amount of money be budgeted
annually for the purchase of right -of -way at problem intersections
and the amount recommended for the 1971 -72 budget is $100,000.
2. That the Council consider the hiring of a full time Traffic Engineer
or in the alternative, putting a consultant on retainer;
3. Commission recommends that consideration be given to the placing of
suitable trees and shrubs in the espanades of major thoroughfares;
4. The Planning Commission endorses the designation of Baker Road as a
Farm to Market Road;
5. The planning Commission commends the Council and Park Board for their
active park acquisition program, and that development of these
park lands be a matter of high priority and matching federal parks
be applied, in addition to the $920,000 bond funds toward
development of the parks; -
6. Due to Federal requirements for the continuance of Federal Flood
insurance coverage and in the interest of public safety and
well - being, the Commission recommended that a flood plain
land use ordinance be enacted as soon as possible.
Councilman Kloesel moved to accept the report of the Planning Commission.
Councilman Stasney seconded the motion. The Vote follows:
Ayes: Councilman Kloesel, Lander, Stasney, Cannon and Mcwilliams
Mayor Walker
Nays: None
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Minutes, August 3, 1971 5057
Authorize Trip -Mayor to Austin- Highway Commission August 12
Councilman Kloesel moved to authorize Mayor Walker's trip to Austin on Thursday,
12, where he is scheduled to appear beform the Texas Highway Commission. Councilman
Stasney seconded the motion. The vote follows:
Ayes: Councilman K10ese1,Lander,Stasney,Cannon & McWilliams
Mayor Walker
Nays: None
City Manager's Recommendation- Member of Library Board
Mr. Voelkel reported on the vacancy which has occurred on the Library
Board by the resignation of Mrs. Frank Turpin who, with her family, is moving
from Baytown. He offered the name of Mrs. Mervin (Jean) Rosenbaum to fill
the unexpired term of Mrs. Tdxpin. Councilman McWilliams moved to approve the
appointment. Councilman Lander seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Lander, Stasney, Cannon and McWilliams
Mayor Walker
Nays: None
Traffic Committee - Hear Mr. Bordelon Traffic Problem New Humble Building
Decker Drive
Councilman Cannon reported on a recent meeting of the Traffic Committee
at which Mr. Al Bordelon appeared relative to the traffic congestion which
will occur on Decker Drive when the new Humble Building in completed and ready
for occupancy. The State Highway plans for Spur 330 calls for three overpasses,
namely: Decker at San Jacinto, Thompson Road and Baker. Humble officials
have asked the Traffic Committee to propose the adoption of a resolution by
the Council encouraging the State to proceed to take action on Spur 330 by
providing the overpass at Decker & San Jacinto for the benfit of persons
traveling on Decker Drive as through traffic will he held up during peak
periods of travel. A Committee has been appointed within the Traffic
Committee to stydy the problem and this well be coordinated with the Chamber's
Highway Committee. Nothing is being requested which is not already in the
projected plans for the development of Decker Drive & Spur 330. Mr. Bordelon
was present at the meeting and, when recognized, stated that figures on the
cross traffic are not known at present but the overpass would minimize the
interruption of through traffic and aid in safety problems which will occur
during peak periods of travel. Councilman Cannon moved to pass a resolution
requesting the State to approve priority for this particular overpass.
Councilman Lander seconded the motion. Councilman McWilliams asked what
degree of success will be provided if the resolution is passed. He did not
oppose it but questioned the value since the city has not received funds
on the project in the past. Mayor Walker explained that the present holdup
on highway funds is primarily due to a hold up on federal funds and scarcity
of state funds and in Baytown a number of projects are awaiting funding.
He suggested if it would not be wiser to prepare a resolution setting all
priorities rather than the one. Councilman Kloesel was in agreement with the
suggestion and moved to ask the Traffic Committee to come up with a list
of priorities and lump it in one package. Councilman McWilliams seconded the
motion but withdrew his second when he learned that the Traffic Committee,
in conjunction with the Planning Commission, could prepare a list of
priorities without attaching this authorization to the original motion.
Mayor Walker declared Councilman Kloesel's motion dead for lack of a second.
City Planner Wilhite suggested that the listing be assigned to the staff
rather than the two committees as a matter of expediency. This was agreeable
with the Council. Councilman Stasney then moved as substitute motion for
the original: "to pass a resolution requesting the State Highway Department
to give immediate consideration to the construction of the Decker Drive-
San Jacinto Street Spur on Spur 330 and to ask the staff at the earliest
possible time, to prepare a list of priorities for Spurs 201 and 330 for
Council pursual and approval which will be subsequently transmitted to the
Highway Department of which the overpass will be 'a part of the priority list."
This substitute motion was approved by Councilmen Cannon and Lander who moved
and seconded the original motion. Following some further discussion, the
Mayor called for the vote. The results follow:
Ayes: Councilmen Lander, Stasney, Cannon and McWilliams
Nays: Councilman Kloesel
Mayor Walker
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Minutes, August 3, 1971
Report -Municipal Court Committee
Councilman Kloesel reported that the Municipal Court Committee will
begin interviewing the applicants for Municipal Court Judge on Monday.,
August 9 at 6:30 p.m. The interviews are scheduled for three days, Monday,
Tuesday and Thursday.
Appointment - Co- chairman of Beautification Committee - Mervin Rosenbaum
The Council approved the appointment of Mervin Rosenbaum as
Co- chairman of the Baytown Beautification Committee.
Appointment - Environmental Advisory Board
Councilman Stasney asked that the Environmental Advisory Board be
reactivated as soon as possible. The appointments will be made at the next
regular meeting if all contacts can be made in the interim.
dasberry - Southern Pacific Railroad Crossing.- Topics Program
Councilman Cannon reported that railroad crossing is now included in
the TOPICS program and he has asked City Planner Ross Wilhite to include it
with the City's projected TOPICS projects, but will not take top priority.
Mr. Casberry of Southern Pacific Railroad was in the audience and Councilman
Stasney asked if the RR company had made any change in its attitude toward the
problem of RR crossings. He could not elaborate on this problem as he was
not familiar with the past proceedings, but he did report that TOPICS program
has a program which will cover 90% of the cost of a RR crossing, and the company
will bear 10% of the cost with no cost to the City. He has met with Mr. Wilhite
and drawn up a comprehensive.program for their cnossings in Baytown which
includes 20 -22 crossings, plus advance warning signs, etc. at a total estimated
cost of approximately $200,000.00 under the TOPICS program subject to approval
by the State and Federal Highway Commission which could resolve the long-
standing problem between the SP and the City. In the program as outlined,
the proposal is to give the citizens of Baytown the best protection possible
without having a grade separation tat the crossings. The Council questioned
Mr. Casberry at intervals, thanked him for the report but stressed the need
of at least four (4) RR crossing installations within the City immediately and
asked Mr. Casberry to convey the need to the RR officials as the TOPICS program
is not the solution that the council has sought in resolving the RR crossing
signalization problem.
Councilman McWilliams - Industrial District Committee
The Council approved the appointment, by Mayor Walker, of Councilman
McWilliams as a member of the Industrial District Committee.
Administration Prepare Specifications - Bank Depository Bids
Councilman McWilliams moved to instruct the City Manager and City Attorney
to draw up a set of specifications, as legally required, for receiving bank
depository bids and submit them to the City Council for approval prior to seeking
bids for the City's depository in September, 1971. Councilman Stasney seconded
the motion. The vote follows:
Ayes: Councilmen Kloesel, Stasney, Lander, Cannon and McWilliams
Mayor Walker
Nays: None
Adjourn
There being no further business to come before the Council, the motion was
made by Councilman Cannon and seconded by Councilman Lander that the meeting
adjourn. The ayes were unanimous and the Mayor declared a meeting adjourned.
ATTEST:
IA'w'
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EDNA OLIVER, City Clerk
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