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1971 08 17 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 17, 1971 The City Council of the City of Baytown, Texas, met in regular session on Tuesday, August 17, 1971 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted Kloesel C. O. Walker Jody Lander Leonard Stasney Allen Cannon Jim McWilliams Councilman Councilman Councilman Councilman Councilman Councilman 5061 The Mayor called the meeting to order and the Invocation was offered by the Reverend A. L. Jordan Public Hearing - Proposed Annexation of City Owned Property in G.C. & S.F.R.R Survey mayor Walker opened the public hearing upon the proposed annexation of 55 acres of city owned land situated in the Goose .Creek and S. F. Railroad Company Survey No. 1 and part of Unit "D" of Elena Fruit and Cotton Farms. The first person to be heard was Mrs. Georgia Womack who lives at 4326 Cedar Bayou Lynchburg Road. She spoke in opposition to the proposed annexation. She suggested that the site be designated as a parksite or sold and the landfill site relocated as the community did not want the City in part of the neighborhood, nor the problems brought out there. The second to be heard was James Harman who lives at 5224 Gwinn Lane, who also opposed the annexation and wanted to know the "why" of annexation and is it just for a garbage dump. Mayor Walker stated that at this point he did not believe any statement had been made about the use of the land. Mr. Harmon also asked if the City would adhere to the standards of the State Health Department if landfill site was located on the property and the Mayor agreed that this would be done according to regulations whether here or at another location. Emery H. Hughes, realtor, urged the Council to look for another site or designate the site as a park. If the Council would take this approach, he pledged himself to assist the City in locating a favorable landfill site, After giving ample opportunity for all to be heard, Mayor Walker declared the public hearing closed. Ordinance - Final ReadingAnnexation of Whispering Pines Subdivision City Attorney Neel Richardson introduced and read an ordinance, on second and final reading, annexing 152.9977 acres of land more or less lying adjacent to and adjoining the City of Baytown and containing the Whispering Pines Subdivision. Councilman Lander moved to adopt the ordinance as read. Councilman Walker seconded the motion. The Mayor then asked for discussion and Councilman Stasney asked if the City has satisfactorily worked out with the HCFCD the question of drainage easements, and City Planner Wilhite stated that the portion of drainage easements located in Section I of the development has been agreed upon; the portion located within Section II on Cedar Bayou has not been resolved. However, Mr. Savell, developer, stated that he was of the opinion that the problems were resolved becuase he had the vote of the Planning commission to disregard the HCFCD's request on Cedar Bayou for a 150 -foot easement on Cedar Bayou from the water's edge back. Mr. Wilhite stated that the Planning Commission did not intend to disregard any dedication on Cedar Bayou; they did not feel that they should require the 150 -feet and he concurred with their feeling, however, the City's subdivision ordinance provides for conformity to the determination of the HCFCD for drainage easement within the city adjacent to bayous or other drainage arteries for which flood control is primarily responsible. Mr. Wilhite stated that HCFCD based its request on a 1962 drainage study. He recommended the annexation of the proposed subdivision which has the concurrence of the Planning Commission. Following some further discussion, Mayor Walker called for the vote on the original motion. The vote follows: L6 5062 5062 Ayes: Councilmen Kloesel, Walker, Stasney, Lander, Cannon and McWilliams Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1104 -1 =A AN ORDINANCE CONTAINING ORDINANCE NO. 1104 -1, INTRODUCED ON THE 6TH DAY OF JULY, 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 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. Consider Request Southwest Video Corporation - Franchise to Operate CATV System in Baytown' Morris Edwards, Legal Counsel _for Southwest Video Corporation, gave a brief statement relating to the formation'of the Corporation -in 1968. It is a Texas Corporation with main offices located at 3322 Beecham, Houston. Until the spring of 1971, the Company mainly dealt in closed circuit television and secutity systems and have a division of research. and development where engineers are working on inventions and patents are pending. They have a second division called "Telecast" which is essentially a closed circuit advertising system within hotels and motels for the traveler. The Corporation also represents various electronic equipment manufacturers within Texas. In January, 1971, the Company representatives talked with General Telephone in regard to the two CATV systems located in Baytown and in the Nassau Bay Area and have not entered into a contract with General Telephone to purchase the two systemms. He met with the City Manager and City Attorney earlier and is not at this meeting to ask the City Council to grant Southwest Video Corporation a franchise to operate within the City of Baytown. He proposed a 12 -year franchise, $.5_.25 per manth_for. initial connection plus $1 for any other connection, connection into system $10 and a 3% franchise tax to be paid to the City from the gross revenues of the Corporation. His Company has-built a studio at NQ. 7 North Commerce where there will be local origination. He has met with Lee College officials and discussed the possibility of the College taking an educational channel which will be furnished free. Since the Corporation is not a utility, he asked that the Council consider granting them a permit to operate pending the granting of a franchise. Mr. Hamilton, President of the Company, also stressed the desire of the Corporation to enter into a franchise agreement because it gives better working relations and provides normal protection and controls. Councilman McWilliams stated that this would appear to offer Baytown an exciting field but he was of the opinion that the Council did not want to act in haste on a franchise or permit agreement without negotiations to determine the maximum for the City and the best service for its citizens. He proposed that the Mayor name a committee to work with representatives of Southwest Video and come up with some recommendations to the Council for the next regular meeting. Mr. Hamilton stated that if some temporary arrangement could not be arrived at during this meeting some lOok 12 employees would be out of work. Councilman Stasney then proposed that if the representatives would agree to abide by the findings of such a committee, to let them proceed and go ahead and appoint the committee and take official action when the recommendations are presented. Mr. Edwards asked if it would be possible for the'Company to proceed to connect people free while negotiations are going on. Councilman McWilliams then moved for the Mayor to name a Committee to work with the representatives of Southwest Video to work out details, or a contract, or permit, or franchise, whichever is most feasible for the City, and no further action be taken here tonight on the question other than the Mayor naming the Committee. Councilman Lander seconded the motion. Following' some further discission, Councilman Stasney moved an amendment to the motion, that while the Committee is in deliberations that the Company be permitted to service customers toll free. Councilman Cannon seconded the motion. The Council then discussed the change in the intent of the motion, and other relating factors and Mayor Walker declared the motion out of order. Councilman Stasney then moved to table the origianl motion. Councilman Kloesel seconded the motion. The vote follows: L L"" Minutes, August 17, 1971 5063 Ayes: Councilmen Kloesel, Stasney and cannon Nays: Councilmen Walker, Lander and McWilliams Mayor Walker Councilman McWilliams then called for the previous question and ending debate. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, McWilliams and Cannon Mayor Walker Nays: Councilmen Kloesel and Stasney Mayor Walker then called for the vote on the original motion. The results follow: Ayes: Councilmen Walker, Lander and McWilliams Nays: Councilmen Kloesel, Stasney and Cannon Mayor Walker Councilman Stasney moved that a Committee be appointed to work out details of a franchise with Southwest video Corporation and City of Baytown: and in the interim time the Committee is deliberating, the City grant this company a temporary permit to operate toll free. Councilman Kloesel seconded the motion. Following some discussion the Mayor called for the vote on the motion. The results follow: Ayes: Councilmen Kloesel, Stasney, Lander and Cannon Nays: Councilmen Walker and McWilliams Abstained: Myor Walker Ordinance - Adoption of Plumbing Code - Use Plastic Pipe At the August 3rd meeting the Council delayed action upon a proposed Plumbing Code forthe City to allow time for additional study into the proposed use of plastic pipe. At this meeting the City Attorney introduced and read the caption of the ordinance enacting a new ordinance with two exceptions afterwhich the Mayor opened the meeting for discussion from interested persons attending the meeting for this purpose. Those speaking in opposition to the use of plastic pipe were members of the Plumbers Local No. 68 of Houston - Bill Pickens, Business Manager; Kenneth Yarborough, Business Agent and Mike Began. They showed samples of plastic pipe that had burned, photographs and one publication opposing the use of plastic pipe. Mr. Pickens gave several instances of personal experience in the use of plastic pipe and asked that the use of such pipe be omitted from the proposed new plumbing code for Baytown. Following their presentation, the Council heard plumbing contractor Richard Blasingame of Houston who praised the use of plastic pipe, Ozzie Bennett, a manufacturer's representative, and Homer Smith, a computer programmer who praised plastic pipe for those who do their own plumbing. City Inspector Frost also stated that the City had enjoyed good experience from use of plastic pipe in the instances of use which had been permitted by the Council heretofore. Councilman Stasney stated that cast iron pipe was not meeting the need of homeowners in Baytown, a real problem exists and plastic pipe seems to be the one solution economically as well as servicewise. Councilman Kloesel stated that he was not prepared to act upon the ordinance at this meeting and proposed final action be postponed until the next meeting. Following some further discussion, Councilman Stasney moved to adopt the ordinance, with the exceptions as. suggested by the Inspection Department. Councilman Cannon seconded the motion. Councilman Lander raised the question of eliminating the use of plastic pipe under the slab. Leo Frost, Cheif Inspector, stated that this was proposed so that the Plumbing Review Board could keep close check on the use of plastic pipe following the adoption of the ordinance, and if after six months, this exception is too prohibitive, the Board will ask that the Council amend the ordinance to permit the use of plastic pipe under the slab. Councilman Kloesel asked for more time to analyze the ordinance and decide what limitations he wanted on plastic and moved to table . until September 7 meeting. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker Nays: Councilmen Lander,Stasney, McWilliams & Cannon Mayor Walker F RU 5064 Minutes, August 17, 1971 Mayor Walker then called for the vote on the original motion to adopt the ordinance. The vote follows: Ayes: Councilmen Lander, Mayor Walker Nays: Councilmen Kloesel, Stasney and Cannon Walker, and McWilliams The caption of the ordinance follows: ORDINANCE NO. 1117 AN ORDINANCE REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES, OR AMENDMENTS THERETO, THAT CONFLICT WITH THE TERMS OF CONDITIONS OF THIS ORDINANCE AND ENACTING IN LIEU THEREOF A NEW ORDINANCE, REGULATING PULMBING WORK IN THE CITY OF BAYTOWN, TEXAS: DEFINING CERTAIN TERMS; PROVIDING FOR CERTAIN EXCEPTIONS; PROVIDING FOR THE ESTABLISHING CERTAIN FEES; PROVIDING FOR SPECIFICATIONS, MATERIALS AND METHODS OF PLUMBING INSTALLATION; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Request - Reverend Lester Campbell - Grant Exception to Off Street Parking - New Church The Council heard a request from Reverend Lester Campbell, Pastor of Central Assembly of God Church, 401 Nazro Street, for an exception to the City's off - street Parking Ordinance in order for the church to proceed with its plans to erect a new edifice at its present location. The church owns one -half of a city block at this location and presently off -street parking is provided in a portion of the property which will be used as the new building site. Also, a parsonage is presently located on the site, but plans are in the making to remove the frame building to another location and provide more space for building and parking facilities. - The proposed building will seat 300 people and 75 off - street spaces should be provided to meet the requirements of the city's ordinance. The Reverend Campbell stated that this would be impossible. It was suggested that an attempt be made to acquire additional land adjacent to the church site for this purpose and Reverend Campbell indicated that such plans were in the making, but negotiations would be slow and probably could not be completed prior to the building of the new,- edifice. Mayor Walker stated that churches were not specified in the ordinance and rather than grant exception to the ordinance, a more tenable position might be that it did not cover churches. However, Councilman Stasney stated that the intent of-the ordinance was to provide off - street parking for areas that need it and in his opinion any church building can be referred to as an auditorium. City Planner Wilhite concurred with his opinion. Councilman Stasney then moved to grant exception to the ordinance. Councilman Kloesel stated that the did not feel that such action was necessary because he felt that churches have a privileged place in parking. No second was made to the motion and the Mayor Walker declared it dead for lack of a second. Councilman Cannon stated that this ordinance was requested by the Traffic Committee and its intent was to require off - street parking on all new construction. Following some further discussion, Councilman Stasney stated that exceptions are made in all laws and moved that the council grant this exception to the off -street parking ordinances. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Walker, Kloesel, Stasney Mayor Walker Nays: Councilmen Cannon, Lander, and McWilliams L I g c, 61101 9 Minutes, August 17, 1971 f Al Chappell - General Telephone Report on Problems Encountered - Public Hearing Al Chappell, Division Manager of General Telephone, gave a brief report on his investigation of the problems presented by the various telephone company subscribers at the August 12th public hearing. Most of the problems have been resolved but in some cases additional problems have been encountered but some progress is being made in this direction. Tests will continue in areas of incomplete solutions and Mr. Chappell agreed to keep the Council informed. He also posed the question of what constitutes a reasonable length of time in relation to the Telephone Company's request for a rate increase. Mayor Walker stated ninety (90) days at least in light of President Nixon's announcement Sunday evening, August 15th. Mr. Chappell concluded his presentation by urging the Council to resolve the request as soon as possible. Report - Municipal Court Committee - Municipal Court Judge Appointment Councilman Kloesel, Chairman of the Municipal Court Committee, reported on the applications received for the position of Municipal Court Judge, and the study made by the Committee. The Committee composed of Councilmen Kloesel, Walker and Cannon interviewed all applicants but one who was out of town. Those applying for the position were: Robert Cheatham Kenneth DeHart David Dittfurth C. D. Little James C. Garrison Ronald D. Haddox Richard Park Richard S. Paxton Jon Charles Pfenning Terry Proctor J. Milton Stewart Damon C. Thomas W. O. Tidmon Clifford R. Upchurch The Committee as a whole felt that the City Odd received applications from outstanding applicants, which required much study to finalize the recommendation. The Committee recommends the appointment of Kenneth DeHart to the position of City Recorder as set forth in the Charter. Councilman McWilliams moved to accept therecommendation of the Committee. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Administer Oath of Office - Kenneth DeHart and Neel Richardson City Clerk Edna Oliver administered the Oath of Office to Kenneth DeHart as the new Municipal Court Judge following the approval of the Council She also administered the Oath of Office to the former municipal court judge, Neel Richardson, as the City Attorney of Baytown following the appointment of Kenneth DeHart as the new municipal court judge. Bids - Arterial Water Main Project - Contract Awarded ^ Z Bids were received on the installation of arterial water mains and the tabulation follows: Associated Construction Service, Inc. $ 185,094.50 120 days Elder Construction Company $ 186,632.50 120 days Mar -Len, Inc. $ 196,738.63 140 days Bayshore Constructors, Inc. $ 199,398.00 S. & C. construction Co. $ 208,750.00 140 days Baytown Utility Company $214,245.00 160 days IOI Systems, Inc. $ 218,553.00 120 days Jess Lovelace Construction Co. $ 219,311.00 Whitelak, Inc. $ 245,160.00 Leonard C. Saver, contractor $ 250,960.00 Mr. Busch, engineer, stated that bids of the two lowest bidders were under the estimate. He has checked the qualifications of the low bidder, Associated Construction Services, Inc., has checked with references and found their work to be satisfactory, and it was his recommendation that the bid f 5066 .. Minutes, August'17, 1971 of Associated Construction Service *, Inc., in the amount of $185,094.50 be accepted. Councilman Kloesel then moved to adopt an ordinance accepting the bid and awarding the contract to Associated Construction Service$, Inc.. Councilman Walker seconded the motion. The vote follows: Ayes:. Councilmen Kloesel, Walker, Lander. Stasney, Cannon and McWilliams Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1118 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ASSOCIATED CONSTRUCTION SERVICES, INC., FOR. THE CONSTRUCTION OF THE ARTERIAL WATER MAIN PROJECT, JOB NO. 70 -500, AS PART OF THE CAPITAL IMPROVEMENTS PROGRAM AND AUTHORIZE THE CONTRACTING OF THE INDEBTEDNESS BY THE CITY FOR THE SUM NOT TO EXCEED $185,094.50 WITH REGARD TO SUCH ACCEPTANCE. Defer Action - Proposed Ordinance Revise Filing fee Schedule - Subdivision Plats The Council postponed action upon the recommendation of the Planning Commission to amend the subdivision ordinance by revising the filing fee schedule for subdivision plats until the next regular meeting. Report - Priorities for Construction Roads - Texas Highway Commission As per request of the City Council at the August 3rd meeting, City Planner Wilhite submitted a list of priorities to be sent to the State Highway Commission on road construction in and adjacent to Baytown. A resolution had been prepared requesting the Texas Highway Department to give priority for the construction of an overpass on Spur 330 at San Jacinto Drive but the Council asked for the priority listing. The list is similar to that endorsed by the Chamber of Commerce highway committee with (1) Loop 201 frontage roads; (2) Spur 55 and FM 1405; (3) Highway 146 improvements; (4) Bayway Drive; (5) San Jacinto - Decker Overpass; (6) Baker Road; (7) Highway 146 - Spur 55 interchange; (8) main lanes Loop 201. In conjunction with this listing the Council discussed the importance of the bridge across the Channel near the tunnel and it was decided that this not be added to the list but a paragraph be included at the end of the list. This will be forwarded to the State Highway Commission as official action of the City Council. Councilman Kloesel moved that the priorities as listed by' the City Planner be established as priorities, including a paragraph urging construction of the bridge across the Houston Ship Channel, and a resolution be forwarded to the State'Highway Committee setting forth the action of the Council. Councilman McWilliams seconded the motion. In the discussion following, Councilman Stasney stated that he wanted the best priority for the citizens of Baytown and suggested a revised priority listing with No. (1)- being a combination of Loop 201 access roads, Step No. 1 of Bayway Drive and the Decker overpass. No. (2) Spur 55 - FM 1405 and 146 improvements; No. (3) Crow Road to Loop 201 - Bayway Drive; No. (4) Baker Road; No. (5) 146 - Spur 55 interchange No. (6) Main lanes of Loop 201 and No. (7) Ship channel bridge. Other discussion followed afterwhich Mayor-Walker called for the vote on the original motion. The results follow: Ayes: Councilmen Kloesel, Walker, Lander, Cannon and McWilliams Mayor Walker Nays: Councilmen Stasney Resolutions - Acquire Grants to Purchase lands for Parks Purposes Councilman Stasney moved to adopt a resolution providing for the execution of a proposed contract to aid Baytown in financing a project identified as Tex OSA -106, Britton Tracts. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Q Minutes, August 17, 1971 5067 The caption of the resolution follows: RESOLUTION NO. 345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING AND PROVIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR GRANT TO ACQUIRE AND /OR DEVELOP LAND FOR OPEN -SPACE PURPOSES Councilman Stasney moved to adopt a resolution providing for the execution of a proposed contract to aid Baytown in financing a project identified as Tex OSL -06 -16 -1002, Brown Tract for park purposes. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Nays: None The caption of the resolution follows:/ RESOLUTION NO. 346 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING AND PROVIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR GRANT TO ACQUIRE AND /OR DEVELOP LAND FOR OPEN -SPACE PURPOSES Councilman Kloesel moved to authorize the Mayor to execute the restriction agreement as required by HUD and to record same with the County Clerk. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Recommendation Appraiser - Acquisition Property Bond Program City Manager Voelkel reported that he had received two local proposals and one proposal from a Houston appraiser relating to assessing and acquisition of right- of - way under the bond program. It was his recommendation that the proposal of Otis Graham, local appraiser, be accepted. Councilman Stasney moved to accept the recommendation of the City Manager in retaining the services of Otis Graham, local realtor and appraiser, and instruct the City Attorney to prepare an ordinance, for presentation at the next regular meeting, setting forth the terms of the contract agreement for council pursual. Councilman Lander seconded the motion. The vote follows: Ayes: Councilman Kloesel, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Abstained: Councilman Walker Legal Option - Use of 1965 Bond Funds ' The Administration was instructed to place the legal opinion on the use of 1965 Bond Funds for drainage on the next regular meeting agenda. Adjourn There being no further business to come before the Council, the motion was made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. a ✓ C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk O a+