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+