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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 9 17 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. 5055 J6 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 �fl- 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 81 {' 5058 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' ��/ a&,�o EDNA OLIVER, City Clerk Lt