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1971 10 07 CC Minutes5091 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 7, 1971 The City Council of the City of Baytown, Texas, met in regular session on Thursday, October 7, 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 Jim McWilliams Allen Cannon * C. Glen Walker D. R. Voelkel Neel Richardson Edna Oliver Councilman Councilman Councilman Councilman Councilman Mayor Pro Tem- Councilman Mayor City Manager City Attorney City Clerk The meeting was called to order by Mayor Pro Tem Cannon, afterwhich, the invocation was offered. He then called for the minutes of the regular meeting of September 21, and the special meetings of September 20 and 27. Councilman Kloesel moved to approve the minutes of the special meeting on September 20 as submitted in written form. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney and McWilliams Mayor Pro Tem Cannon Nays: None councilman Walker moved to approve the minutes on September 21 as submitted in written form. Councilmen Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney and McWilliams Mayor Pro Tem Cannon Nays: None One correction was made to the minutes on September 27 - Fire Department Budget -- Councilman Cannon voted "aye" with Councilman Kloesel. With this correction, Councilman Kloesel moved to approve the minutes as submitted in written form. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney and McWilliams Mayor Pro Tem Cannon Nays: None Resolution.— Amending•Resolution,Pertaining Interest Political Subdivisions City Attorney Neel Ricardson introduced and read a resolution amending resolutions previously passed granting consent to the formation of certain Utility Districts by adjusting the interest rates from six (6 %) percent to a price not to exceed two (2 %) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one -month period next preceding the date of notice of the sale of such bonds is given. This would make the interest rate uniform on all previously approved Utility Districts, two of which had the above interest rate provisions - the Spring Meadows Municipal Utility District and Cedar Bayou Municipal Utility District. The four to which the new interest rate would apply have been created within the last 3 -year period... Thompson Road Utility District, Enchanted Place Public Utility District and Cedar Bayou Park Utility District. The Council discussed the many facets of the request, including the high interest rate, with Mr. Burrel Rowe, the attorney representing the several districts. Councilman Stasney suggested considering the Thompson Road Utility District separately as it is adjacent to the city limits of Baytown and the high interest rate would be passed on to the tax payers of Baytown should the area be annexed. Councilman 9 PW Minutes, October 7, 1971 5092 McWilliams favored cooperating as much as possible to provide taxable property in this area in addition to what the City has now. Following other discussion, Councilman McWilliams moved to adopt Resolution 354 as read. *(Mayor Walker arrives at meeting) Councilman Lander seconded the motion. Other facets were discussed such as creation of a Utility District, joint venture in Westheimer Sewage Treatment plant administrative preparing list of options in this area, possible annexation of Thompson Road Utility District after conduction of a study, etc, following which Councilman Kloesel moved to table; this was declared dead for lack of a second. Councilman Stasney then moved an amendment to the motion to make the effective date of the resolution the date of the reference legislation This would exclude Thompson Road Utility District. Other remarks were forthcoming and the Mayor then called for a vote. The results follows: Ayes: Councilmen Kloesel, and Stasney Nays: Councilmen Lander, Walker, Cannon and McWilliams Mayor Walker The Mayor than called for the vote on the original motion to adopt the resolution. The results follows: Ayes: Councilmen Walker, Lander, Cannon and McWilliams Mayor Walker Nays: Councilmen Kloesel and Stasney The caption of the resolution follows: RESOLUTION NO. 354 A RESOLUTION AMENDING RESOLUTIONS PREVIOUSLY PASSED AND APPROVED PERTAINING TO THE INTEREST TO BE BORNE BY BONDS OF CERTAIN POLITICAL SUBDIVISIONS AS TO THE FORMATION OF WHICH THE CITY COUNCIL HAS HERETOFORE PASSED RESOLUTIONS GRANTING ITS CONSENT. Resolution - Formation of a Reclamation District - Known as Harris County Municipal District 03 Neel Richardson, City Attorney, introduced and read a resolution granting consent to the formation of a Reclamation District under the authority of Section 54.016, Texas Water Code, and to be known as Harris County Municipal Utility District No. 3, which area is located within the extraterritorial jurisdiction granted to the City of Baytown under provisions of Article 970a of Vernon's Annotated Texas Statutes. The consent to be granted under certain conditions and terms set forth in the resolution. Councilman Lander moved to adopt the resolution as read. Councilman Walker seconded the motion. It was pointed out that bonds will be issued by the district only for the purpose of purchasing and constructing sanitary sewer systems and waterworks facilities, with no cost to the City of Baytown unless the area were annexed by the City. Councilman Stasney moved to amend the resolution by inserting in paragraph four (4); "District is agreeable to nav a proportionate _une sewer plant, sewer lines, and water lines, etc., and; in Sec. 1(a) under contract with the City of Baytown or other politicial subdivisions. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Walker, Kloesel, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Mayor Walker then called for the vote on the motion to adopt the resolution as amended. The results follows: Ayes: Councilmen Walker, Kloesel, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None The caption of the resolution follows: 0 !7 5093 Minutes, October 7, 1971 RESOLUTION NO. 355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT AS PROVIDED BY ARTICLE 970a, VERNON'S ANNOTATED TEXAS STATUTES, TO THE FORMATION OF A RECLAMATION DISTRICT UNDER THE AUTHORITY OF SECTION 54.016, TEXAS WATER CODE, TO BE KNOWN AS HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3, AND EMBRACING WITHIN ITS BOUNDARIES 253.361 ACRES OF LAND, MORE OR LESS, IN HARRIS COUNTY, TEXAS, SAID AREA BEING HEREIN MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO, UPON THE CONDITIONS AND PROVISIONS HEREIN STATED. Report on the Bond Program - A. J. Busch, Jr. A. J. Busch, Consulting Engineer, gave a statue report and review of the City of Baytown, 1970 -75 Capital Improvements Programs which included sanitary sewer facilities, water - facilities, streets and thoroughfares, public buildings and parks and recreation. In the sewage collection and treatment plant projection, the city is presently waiting on P.L. 660 funding which will finance up to 55% of the cost of the proposed improvements. In the water facilities a ground storage facility is needed for water production supply. He asked the council to reconsider the priority in the program in that a ground storage tank be constructed first and if savings can be executed, the elevated storage tank can then be constructed. The citizens are not being penalized three (30 cents on the key rate for insufficient ground storage, but has sufficient elevated storage for 50,000 population. Mr. Busch proposed that the ground storage tank be located at a'probable future site for a surface storage plant and the logical place being on Baker Road at the San Jacinto River Canal. He proposed the purchase of a site large enough for a surface water plant, ground storage tank, pump station and water well. On the streets, the most difficult decision is the Brownwood perimeter streets. The cost of the project exceeds the available monies approved in the bond program. The estimated costs range from $250,000 to $305,000 depending upon selection of alternatives. He asked for guidance from the Council as to the manner in which to proceed. In public building, he needed official authorization on the location of the Police Building and Public Works complex. Councilman Kloesel moved to adopt a policy designating the location for the police building and public works complex on the present civic center site. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker; Lander, Stasney, Cannon & McWilliams Mayor Walker Nays: None Consider Amendment to Dog Ordinance - Allow Confinement on Owner's Premises Councilman Kloesel requested consideration of an amendment to the present animal ordinance to allow confinement on owner's premises of a dog which has bitten someone, rather than the city pound or at a veterinary for a period of 12 days. He asked the City Attorney to give wording on amending this section for consideration at the next regular meeting. His proposal was to allow the owner to retain the dog on his premises during the confinement: Councilman Cannon suggested if the parent of the child that has been bitten wanted the dog confined at a veterinary, when the child was tresspassing and the dog not running loose, then the parent be responsible for the charges rather than the owner of the animal. Other suggestions were offered from interested parties attending the meeting and the council members. Councilman Kloesel moved to amend the ordinance in the areas of home confinement in the light of the discussion in the Council Chambers,including the 10 -day confinement requirement with an alternate,setting forth the right of the parent to require confinement in a veterinary at cost to the parent if it is determined that the child was trespassing. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon & McWilliams Mayor Walker Nays: None Copies of the amended ordinance will be made available to the Council for study prior to presentation at the next meeting. 5094 Defer Appointment of Board of Plumbing Appeals and Baytown Environmental Adviaory'Board With the consent of the Council, Mayor Walker deferred appointment of a six member Plumbing Appeals and Advisory Board and a five member Baytown Environ- mental Advisory Board until the next regular meeting of the Council. Pr osal - Ward Road - Extend to intersect Commerce Street City Planner Wilhite discussed with the Council the proposal to extend Ward Road from North Main west to intersect North Commerce. In the preliminary plans as presently approved by a former Council, this extension is not provided. However, there has been much interest in this approach for traffic purposes extending as far as North Pruett. His staff has made a study of this proposal and his main objections include (1) Park and Lobit Streets are major thru streets and can carry a heavy volume of traffic,(2) if Ward Road is opened to connect with Commerce it will line up with Harvey Street which is a residential street. It is proposed that a "S" curve be installed to connect Park Street with Cedar Bayou for an east -west traffic thoroughfare and a connection be provided down from North Main nearer Lobit Street, to connect with North Commerce making it one -way south. I£ Lobit and Park Streets are developed as proposed, Mr. Wilhite saw no need to extend Ward Road west to North Commerce. Following some further discussion, it was suggested that a map be drawn by the next meeting showing the connection proposed by Councilman Cannon as well as the connection proposed in the bond issue so that the Council can look at the proposals and make its decision as to the most feasible connection. Ordinance - Industrial Waste Ordinance City Attorney Neel Richardson introduced and read an ordinance amending the code of ordinanes to provide for industrial waste regulations, prohibiting certain wastes in sanitary sewers, application for permit, sampling of wastes, control chambers; etc. Following the reading, Mr. Wilhite gave a brief report relating to the necessity for adoption of such an ordinance if the City is to become eligible for federal matching funds to enlarge its sanitary sewage treatment facilities. The ordinance was obtained from Dallas and has been modified somewhat to meet the needs of Baytown. Since it is of a technical nature, Mr. Wilhite proposed its adoption and if amendments are required by E.P.A. such amendments can be done at a later meeting. Councilman Kloesel moved to adopt the ordinance as read. Councilman Walker seconded the motion. The votefollows; Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon a McWilliams Mayor Walker Nays: None. The caption of the ordinance follows: ORDINANCE NO. 1128 AN ORDINANCE AMENDING THE CODE OFOORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 34, WASTE DISPOSAL, SO AS TO REPEAL THE PROVISIONS OF SUCH CHAPTER AS PRESENTLY CONSTITUTED, AND TO SUBSTITUTE IN ITS PLACE THE PROVISIONS OF A NEW CHAPTER 34 TO BE ENTITLED "INDUSTRIAL WASTE ORDINANCE "; CONTAINING DEFINITIONS, ESTABLISHING REQUIREMENTS FOR PERMITS, CONTROL CHAMBERS, VOLUME OF WASTE, AND SAMPLING OF WASTES; PROVIDING FOR DISCONNECTION FOR FAILURE TO PAY BILLS; ESTABLISHING RIGHT OF ENTRY OF CITY EMPLOYEES AND PROVIDING A PENALTY FOR FAILURE TO PAY BILLS; REPEALING ORDINANCE INSONSISTENT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinances- Flood Hazard Area Regulations - Flood Prone Areas - Record Plat After hearing Richard King, Chairman of the Planning and Zoning Commission, review the need for continuation of flood insurance provisions for certain areas of Baytown which are flood prone; the recommendation from the Planning Commission that the Council adopt such ordinances necessary to provide this protection for residents of such areas, Councilman Kloesel moved to adopt the three ordinances which relate to the need, defining the areas, setting forth the regulations and c i F 5095 Minutes, October 7, 1971. requiring indentification of such areas on a plat of record. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen'Kloesel, Walker, Lander, Stasney, Cannon & McWilliams Mayor Walker Nays: None The caption of the ordinances follow: ORDINANCE NO. 1129 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE ADDITION OF A NEW CHAPTER, TO BE NUMBERED CHAPTER 35, AND TO BE ENTITLED "FLOOD HAZARD AREA REGULATIONS ", CONTAINING DEFINITIONS; SPECIFICALLY INCLUDING PROVISIONS RESTRICTING CONSTRUCTION IN FLOOD HAZARD AREAS; ESTABLISHING THE BAYTOWN PLANNING COMMISSION AS THE AUTHORITY TO ESTABLISH AND PROMULGATE RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THIS ORDINANCE; PROVIDING FOR A PENALTY NOT EXCEEDING FIFTY ($50.00) DOLLARS FOR EACH OFFENSE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 1130 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, SUBDIVISION, BY ADDING AN ARTICLE VI, "FLOOD PRONE AREAS ", CONTAINING DEFINITIONS; SPECIFICALLY LISTING REQUIREMENTS FOR CONSTRUCTION IN FLOOD PRONE AREAS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. ORDINANCE NO. 1131 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, SUBDIVISIONS, BY ADDING TO SECTION 27 -20 SUBSECTION (L); REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Al Chappel - General Telephone - Rate Increase Al Chappel,- Division Manager of General Telephone, appeared once again relative do the rate increase request initially presented in June, 1971. By way of review he stated theCompany was proposing to increase the charges of PBX, Key telephones, service charges and principal rates, he has met with the Council a number of times, has answered most of the questions and felt he had generally justified the necessity of the increase. However, in an attempt to satisfy the demand of the Council and get the matter resolved some concessions have lieen made by the Company with some changes in the ordinance originally presented and are prepared to include as a part of the ordinance in addition to the principal ._rates, all rates governing service charges, PBX and key system. Also, in accordance with President Nixon's recommendation, are prepared to extend an additional 90 -day freeze on a portion of the principal rates - residential rates schedules for a $1 per month increase will be increased $0.50 in November and another $0.50 ninety days later. He urged the Council to take positive action by the next council meeting, either by granting the rate increase or rejecting General Telephone's request. Councilman Stasney expressed a need for a competent analysis with a professional opinion on whether or not the rate increase is justified. He suggested that whenever it becomes apparent that an increase is going to be RPM permitted by the President, the City then spend the money to find out if the increase is justifiable - not spending the money until it is decided that the increase will be permitted. Councilman Kloesel suggested that the Administration do some of the investigating from a consumer's standpoint; not convinced that Council can justify an increase in the rates. Others favored hiring an expert and bringing the matter to a close. Following some further remarks, Councilman Kloesel moved to instruct the Administration to furnish the Council, from within its own resources at no cost of an expert at this time, all information they can compile and have it available at the next Council meeting. Councilman Walker seconded the motion. Councilman Stasney moved that the Council .L I PT HO Minutes, October 7, 1971 take action to hue a qualified expert when it becomes apparent that a time frame for permitting a rate increase becomes apparent - this was declared dead for lack of a second. The vote was then called on the motion by Councilman Kloesel. The results follow: Ayes: Councilmen Kloesel, Walker Nays: Councilmen Lander, Stasney, Cannon, McWilliams Mayor Walker Councilman Lander then moved to take action to hire a rate expert as soon as a qualified man can be located. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, McWilliams Mayor Walker Nays: Councilmen Kloesel, Stasney, Cannon Proposal - Appointment of Agent of Record - Administer Health and Life Insurance Program During the budget hearings a proposal was presented to retain an Agent of Record to administer the insurance programs of the city, including Health and Life Insurance. Mr. Voelkel reported that he had discussed the matter with the staff and they feel that the plan is desirable and, if adopted, Barry Lancaster, Agent for BMA - the City's present hospitalization carrier, would be acceptable. Mr. Lancaster submitted a letter of application and was present to answer any questions the Council may have had to offer. Also, an application was submitted by Ernest Hauser of Herbert Hauser Insurance Company, with David Evans as Life Manager. The Council heard each representative, and both agreed they were not in disagreement with the Agent of Record concept and answered questions offered by the Council. Following a lengthly discussion, Councilman McWilliams moved to appoint Barry Lancaster as Agent of Record for Life and Hospitalization Insurance. Councilman Kloesel seconded the motion. Councilman Stasney felt this action was discriminatory and proposed taking a look at all possibilities and give other company representatives an opportunity to present their qualifications. He concluded with a motion to table the motion. Councilman Walker seconded the motion. The vote follows: Ayes: Walker, Stasney and Lander, and Mayor Walker Nays: Councilman Kloesel, Cannon and McWilliams (Mayor declared the motion failed for lack of a 2/3's majority) Mayor Walker then called for the vote on the original motion. The vote follows: Ayes: Councilmen Kloesel and McWilliams Mays: Councilmen Walker, Lander, Stasney and Cannon Mayor Walker Councilman Stasney moved that a 5- member committee be appointed composed of 3 council members and 2 city employees to evaluate and screen potential candidates for insurance Agent of Record for Health and Life Insurance. Councilman Kloesel seconded the motion. The vote. follows: Ayes: Councilmen Walker, Kloesel, Stasney and McWilliams Mayor Walker Nays: Councilman Cannon Abstained: Councilmen Lander Committee Reports Councilman Kloesel reported that the Landfill Committee will meet at 5:00 o'clock p.m., Monday, October 11. He requested the City Manager, Jack Morton, and F. G. Adcox to meet with the committee also. Councilman Cannon reported that the CATV committee will meet at 6:15 p.m., Monday, October 11 following the Landfill committee meeting. ( 971 5097 Miscellaneous Mayor Walker asked the Council to look at some samples he has with him relative to the adoption of a city of Baytown emblem. There needs to be some guidance given to the Purchasing Agent - this to be done following the completion of business of the meeting. Councilman Stasney requested a list of unfinished business to accompany the bi- monthly council meeting material. Approved Providing Space - Credit Union Office New'PUblic'Works'Complex Upon written request of the Board of Directors of the Baytown City Employees Credit Union, Councilman Cannon moved to provide the necessary space for the office of the Credit Union in the preparation of plans for the new Public Works complex. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon & McWilliams Mayor Walker Nays: None Adjourn There being no further business to come before the Council, the motion was made by Councilman Kloesel and seconded by Councilman Walker that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. ATTEST: t EDNA OLIVER, City elerk � 9h 1�