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1971 10 19 CC Minutes5099 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN October 19, 1971 The City Council of the City of Baytown, Texas met in regular session on Tuesday, October 19, 1971, at 6:30 p.m., in the Council From of the Baytown City Hall with the following members in attendance: Ted Kloesel Councilman C. O. Walker Councilman Jody Lander Councilman Allen Cannon Councilman Jim McWilliams Councilman The Mayor called the meeting to order and the Invocation was offered by The Reverend William J. Comoer. Mayor Walker then called for the minutes of the regular meeting on October 7th . Councilman Kloesel moved to approve the minutes as submitted in written form. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Cannon and McWilliams Mayor Walker Nays: None Consider Amendments to Animal Ordinance City Attorney Neel Richardson reviewed three alternate amendments to the City's present animal ordinance per instructions of the Council at the October 7 meeting. He reviewed the amendments in detail covering number of days to be confined, places of confinement, responsibility of expenses in such confinement, inoculation, trespassing, etc., and they were discussed at length by the Council. Mr Richard Johnston was then heard. He related his experiences, recent and of long standing, with dogs who attack, the ineffectiveness and the unenforcement of the existing animal ordinance in Baytown, and the fact that a citizen has no recourse when attack on a public thoroughfare or street by a dog.occurs. He related his experiences in trying to file charges in Municipal Court, his efforts to get a patrolman out when the humane officer is off duty, and his anxiety relative to rabies after his child had been bitten on two separate occasions by two separate dogs. He suggested the revisions include penning a dog at a veterinary, and if a dog bites a person while running -at- large, be impounded for the 10 -day period and then destroyed at the end of the period. He asked that the ordinance not be altered unless it is made more stringent and a greater liability be placed on the dog owners. Following his presentation, Dr. W. O. Finch, the City's Health Officer Was given an opportunity to be heard. He explained some of the medical ramifications for rabies and anti - rabies shots. The inoculation is not perfect and the dog, even though it has been inoculated, must be confined as it is a virus infection and can be transmitted; also, the risks to the persons taking virus type inoculation, the innumerable medical problems involved with the Pasteur treatment. He recommended tha proper caged care of a dog during the 10 -day period, and observation by a competent authority, a veterinarian. At the conclusion of the report made by Dr. Finch, Councilman Kloesel moved to refer the matter of amending the Animal Ordinance until the next regular meeting. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Cannon and McWilliams Mayor Walker Nays: Councilman Lander (Ready to vote now) Bids - Multi- purpose Excavating- Grading Machine Two bids were received on the advertisement for a multi - purpose excavating and grading machine. They are tabulated as follows: Waukeska- Pearce Inc Bantam 725A Teleskoop $52,529.00 60 -day delivery Less T.I. 921.00 $51,603. 00 Hi -way Equipment Co. Warner s Swasey Gradall Model G -660 $59,985.00 15 -30 day delivery Less T.I. 2,785.00 $57,200.00 Fez 5100 Minutes, October 19, 1971 Don Cooke, Purchasing Agent, gave a run down on both bids and stated that both met the specifications, both will clean ditches, the Gradall is 7,000 lbs lighter and has a boom height of 17,000 feet - -the Bantam a boom height of 19,000 feet. Representatives from both companies were heard during the ensuing discussion, but the Administration gave no definate recommendation for purchase of equipment. However, Mr. Cooke did say that C. W. Grantham, Superintendent of streets, had expressed a preference for the Gradall machine because of the height of the boom and the overall weight of the machine which could be more easily handled in the tight easement areas throughout the city. Councilman McWiliiams moved to approve the purchase of the gradall machine. Councilman Kloesel seconded the motion. Some discussion followed, afterwhich, the vote was called on the motion. The results follows: Ayes: Councilmen Kloesel, Water, and McWilliams Mayor Walker Nasy: Councilmen Lander and Cannon Resulution- Appropriating Funds- Optimist Pee Wee Football Bob Warford, representing the Optimist Club, appeared to request the Council to appropaiate $495.00 for continuance of the Pee Wee Football Program which was launched in 1970. Councilman McWilliams moved to approve the appropriation of $495.00 from General Fund Contingency for the Pee Wee Football Program. Councilman Kloesel seconded the motion. During the ensuing discussion, Councilman Kloesel moved to amend the motion to have the appropriation come from the Parks & Recreation budgeted funds; this died for lack of a second. Mayor Walker called for the vote on original motion. Ayes: Councilmen Kloesel, Walker, Lander, Cannon and McWilliams Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FOUR HUNDRED NINETY -FIVE AND NO /100($495.00) DOLLARS WITHIN THE GENERAL FUND FROM BUDGET ACCOUNT 101 -12, CONTINGENCY FUND, TO BUDGET ACCOUNT 501 -7 -1 "PARKS" - CONTRIBUTIONS & GRATUITIES, FOR OPTIMIST PEE WEE FOOTBALL. Consider Amendment to Thoroughfare Plan Ross Wilhite, Director of Planning, submitted a recommendation for an amendment to the City's-Thoroughfare Plan by the relocation of Baker Road eastward from its intersection with North Main Street along a route across Barkaloo Road, Cedar Bayou - Crosby Road, Raccoon Drive and Cedar Bayou to a connection with relocated FM road 1405 at State Highway 146. This relocation to coincide with a new farm road system in Chambers County and to provide a "]o.op" around the northern and eastern sides of the city. A map was shown indicating the proposed amendment. Since there are some questions which need to be resolved relating to FM 1405, Councilman McWilliams stated that he felt it would be presumptious on the part of the city to move on the amendment at this time. However, Mr. Wilhite pointed out that a major portion of the required right =of -way has been acquired, only the very last section as it crosses Cove Road has not been negotiated nor entered into for the purchase. He is presently dealing with a developer in processing a subdivision plat which will be just across the road from where 1405 dead ends and is involved in the Baker Road assignment. He has placed a requirement on the developer to dedicate loo -feet of the right -of -way and he is agreeable. There is a need for the city to move on the realignment as he-has no basis to require the developer to dedicate the right -of -way at this location. He recommended, furthermore, that the Council come out not in favor of industrial development north of Highway 146 as this is ideal residential property. Councilman McWilliams stated that he would not oppose the realignment if a resolution would be adopted, in conjunction with the realignment indicating that the Council oppose any further industrial development north of 146. Councilman Kloesel moved to amend the thoroughfare plan, by resolution, as proposed by the City Planner and outlined in the map. Councilman Lander seconded the motion. Councilman McWilliams moved to amend the motion to include in the resolution the City's opposition to further industrial development north of SH 146. This died for lack of a second. The Mayor then call for vote on the original motion. The vote follows: I0" 5101 Ayes: .Councilmen Kloesel, Walker, Lander, Cannon and McWilliams Mayor Walker Nays: None Councilman McWilliams made a motion favoring an at -grade bridge crossing on Baker Road. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Lander, Cannon and McWilliams Mayor Walker Nays: Councilman Walker ' Ordinance- Amending Code Method Handling Plats Presented Planning Commission City Attorney Neel Richardson introduced and read an ordinance revising the subdivision ordinance on the method of handling plats submitted to the Planning Commission, designating the Director of Planning as recipient of plats instead of Director of Public Works; simplifying wording pertaining to required scale & details on plats and changing the requirement on the number of copies of preliminary plat to be submitted, all of which are minor and procedural requirements. Councilman McWilliams suggested delaying action until the next meeting in order to hear those directly affected by the amendment. After some discussion, Councilman Lander moved to adopt the ordinance as submitted. Councilman Kloesel seconded the motion. The Vote follows: Ayes: Councilmen Kloesel, Walker, Lander and Cannon Mayor Walker Nays: Councilman McWilliams The caption of the ordinance follows: ORDINANCE NO. 1132 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, SUBDIVISION, BY AMENDING ARTICLE II, SECTIONS 27 -18, 27 -19, AND 27 -21; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Subdivision Ordinance - Streets City Attorney Neel Richardson introduced and read an ordinance amending the city's present subdivision ordinance by adding a new section to Chapter 27 -33 to clarify the city's policy for the dedication and improvements of major thoroughfares within the city limits of Baytown. Again, Councilman McWilliams felt that there should be time allowed for a hearing before passing the ordinance. After some discussion, Councilman Walker moved to adopt the ordinance as submitted. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander and Cannon Mayor Walker Nays: Councilman McWilliams The caption of the ordinance follows: ORDINANCE NO. 1133 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN TEXAS, BY THE AMENDMENT OF CHAPTER 27, SUBDIVISIONS, BY AMENDING SECTION 27 -33, SUB- SECTIONS (B) AND (C); REPEALING ORDINANCES INCON- SISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending Off- Street Parking Include Churches City Attorney Neel Richardson introduced and read an ordinance amending Chapter 19�, Off Street Parking, by adding a new section 1941.1 to add churches to the classifications for reference purposes. Councilmen Kloesel and Cannon were opposed to the proposed amendment and stated their reasons. Councilman Lander moved to adopt the ordinance as submitted. Councilman McWilliams seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, and MCWiRiams Mayor Walker Nays: Councilmen Kloesel The caption of the ordinance follows: 5102 MINUTES, October 19, 1971 ORDINANCE NO. 1134 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BATYOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 19 z, OFF - STREET PARKING, BY ADDING A NEW SECTION 19 §.1 IN ORDER TO NUMBER THE CLASSIFICATIONS FOR REFERENCE PURPOSES, AND IN ORDER TO ADD CHURCHES TO SECTION 195.1(20) THEREOF; REPEALING ORDINANCES INCONSISTENT HEREWITH; CON- TAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Second Reading Extension City Limits -Annex 56.785 Tract G.S. &S.F. Survey City Attorney Neel Richardson introduced and read, on second reading, an ordinance extending the city limits to include 56.785 tract of land out of the G.S. & S.F.R.R. Survey No. 1, and being north of the city. Councilman Walker moved to adopt, on second reading, the ordinance as read. Councilman Kloesel seconded the motion. In the discussion that followed, Councilman Kloesel, Chairman of the Landfill Committee, stated that he had not had time to read the soil investigation of the conditions at the acreage, but would study it and make a recommendation at a later date. Also, the City Manager was given the information compiled by the Cody Committee. He will make a report on his findings at a later date. Mayor Walker then called for the vote on the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander and Cannon Mayor Walker Nays: Councilman McWilliams The caption of the ordinance follows: ORDINANCE NO. 1120,- 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. Resolution - Authorizing Tax Assessor To Take'Proposals frcm,Appraisers " Pursuant to a request;'from the City Council, City Attorney Richardson introduced and read a resolution authorizing the City Tax Assessor to proceed to take proposals from appraisers and tax- appraisal firms to appraise all industrial property within the City of Baytown and its industrial districts. Councilman McWilliams moved to adopt the resolution as read. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Cannon and McWilliams Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 356 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING O.M. COE, TAX ASSESSOR - COLLECTOR, TO PROCEED TO TAKE PROPOSALS FROM APPRAISERS AND TAX APPRAISAL FIRMS FOR THE APPRAISAL OF INDUSTRIAL RELATED PROPERTIES. Al Chappel - General Telephone - Rate Increase Al Chappel, Division Manager of General Telephone, again appeared before the Council to discuss the pending rate increase. Since the City has not hired a rate consultant to date, he stated that General Telephone needed to know where they were going, particularly on key systems, PBX and service charges. To effect rate change on principal rates is a relatively simple procedure, but not true for key systems and PBX's because each system is different and must he handled on an individual basis. A service order must be issued on each individual customer. He proposed an ordinance amending the existing �6. ,y 5103 rate ordinance permitting only the key systems, PBX and service charges to be put into effect immediately following the expiration of the executive order 11615. If the Council will approve this amendment, it will permit General Telephone to proceed in an organized manner and give them time to properly prepare and process the service order eliminating customer confusion and preclude any possibility of retro- active billing. Some discussion followed for clarification, with some preferring to defer action upon the proposal until the next regular meeting to better acquaint themselves with the particulars involved. Councilman Kloesel moved to adopt an ordinance amending the rates mentioned provided these rates are identical figures that were presented to the Council in October, 1970. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel and Cannon Nays: Councilmen Walker, Lander, and McWilliams Mayor Walker This item will be placed on the agenda to be considered at the next regular meeting. Committee Reports Councilman Cannon reported that a CATV franchise ordinance would be submitted at the next meeting for Council's consideration. Councilman Kloesel, Chairman of the Landfill Study Committee, reported that he had given the City Manager the information received from the Coady Landfill Study Committee. He was asked to analyze the suggestions and if a purchase is involved, the City Manager will submit a recommendation regarding the matter in an executive session of the Council. City Attorney Neel Richardson reported on the preliminary work which had been done toward securing the services of a rate expert to give the Council guidance in the pending rate increase request of General Telephone Company. Much of the ground work has been done and a recommendation should be forthcoming from the Administration by the next regular council meeting. Charge Committee - Agent of Record Concept Mayor Walker pointed out that some questions had been raised since last council meeting regarding the work of a 5 -man committee which was appointed to study an Agent of Record concept for hospitalization and life insurance for city employees. There is evidently a need for clarification of its duties. Councilman McWilliams questioned any change without full benefit of all council members present, but Mayor Walker stated that it was not his understanding that the Council had already decided that the City would definitely have an agent of record and he Would entertain a motion to redirect the charge. *Councilman McWilliams excused himself from the meeting. Councilman Cannon than moved to authorize the Mayor to re- charge the Committee with making a study and evaluating the Agent of Record concept for life and hospitalization insurance and if the Committee feels that this is the best method and is in the best interest of the City, to make a recommendation on an Agent of Record. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander and Cannon Mayor Walker Nays: None Appoint partial membership - Plumbing Appeals and Advisory Board Councilman Kloesel moved to appoint Jerry A. Ruyle, a licensed Journeyman Plumber, and the City Engineer and City Health Officer, to the Plumbing Board of Appeals and the three additional vacancies be filled at a later date. Councilman Walker seconded the motion. The vote follows: Ayes: Councilman Kloesel, Walker, Lander and Cannon Mayor Walker Nays: None fl)(- 5104 , Ward Road Extension - Discussion Continued Ross Wilhite, City Planner, reviewed maps which he had prepared at the instruction of the City Council at the last meeting on proposed east -west thoroughfares thru Baytown. The map followed the proposed reverse curve connecting.Park Street and Cedar Bayou Road; the proposed connection of North Main over to Commerce and the extension of Ward Road to connect. with North Commerce. Mr. Wilhite stated that he was of the opinion that the need does not exist to the extent of turning traffic through a residential area such as Harvey Street, and concluded with a proposal to hire a traffic engineer, let him evaluate the entire area from a traffic standpoint, and then take his recommendations. Residents on Live Oak and Harvey Streets were heard who agreed with the feelings of Mr. Wilhite. Frank Yates, who spoke for the business firms on North Main Street, favored extending Ward through to intersect with North Commerce. Bids to be taken on Standard American Built Automobiles At the request of City Manager Voelkel for direction, Councilman Kloesel moved that specifications for new cars and trucks be directed toward the standard American built vehicles. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker and Cannon Mayor Walker Nays: None Abstained: Councilman Lander Issue Proclamation - October 30th Halloween Mayor Walker will issue a proclamation designating Saturday, October 30, as Halloween for the purpose of celebrating "Trick or Treat." Adjournment There being nor further business to come before the Council, the motion was made by Councilman Kloesel and seconded by Councilman Cannon that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. C. GLEN WALKER, Mayor ATTEST: do�, � Q,�� EDNA OLIVER, City Clerk