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1972 01 18 CC Minutes5143 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN January 18, 1972 The City Council of the City of Baytown, Texas, met in regular session on Tuesday, January 18, 1972, 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 C. Glen Walker Mayor Howard F. Northcutt Acting City Manager Neel Richardson City Attorney Edna Oliver City Clerk The Mayor called the meeting to order and the Invocation was offered by the Reverend Ronald W. Smith, Westm;inister Presbyterian Church. He then called for the minutes of the regular meeting on January 4, 1972. Councilman Walker moved to approve the minutes as submitted in Written form. Councilman McWilliams seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays:- None Consider Proposed Ordinance No. 20104 -1 Require Railroads to post Flagman at street crossings. Mayor Walker reported a request that action on this ordinance be postponed pending a meeting next Monday night with representatives of Southern Pacific Railroad, the Traffic Committee, and all Council members who choose to be present. Councilman Kloesel moved that the ordinance be tabled until a report is submitted by the Traffic Committee. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, McWilliams & *Cannon Mayor Walker ' Nays: None *Councilman Cannon stated this is the last delay he is willing to grant on this iten Consider Proposed Ordinance No. 20118 -1 Order Municipal Election April 4, 1972 City Attorney Neel Richardson introduced and read theproposed ordinance ordering a Municipal Election to be held April 4, 1972, for the purpose of electing Councilmen from Districts 1, 4 & 5. One change was noted - a substitution for election judge for Precinct #149 will be Mrs. Fred J. Marti. Councilman Walker moved to adopt the ordinance. Councilman Kloesel 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. 1152 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 4th DAY OF APRIL, 1972, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. ONE(1) FOUR(4) AND FIVE(5); PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRE SCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. 5144 Consider Proposed Ordinance- Abatement and Removal of Junked Vehicles City Attorney Neel Richardson introduced and read the proposed ordinance. He explained this ordinance will replace the City's ordinance now in effect, as the state law has superseded our ordinance by providing manner in which vehicles may be disposed of, providing the City may declare junk vehicles nuisances whether on public or private property, and prescribing the manner to abate such nuisances. Councilman Kloesel questioned if this ordinance would apply to people who are not licensed junk dealers who use these vehicles to "rob or cannibalize" parts. Mayor Walker pointed out Section 3, Item 2, which would protect these 171, mechanics as long as the vehicles are not visible. Councilman Stasney questioned i if this ordinance would enable the City to pass a fence ordinance to conceal junkyards. Attorney Richardson said it would not, and gave as example Houston's ordinance which was held unconstitutional in the court. Councilman Lander questioned Section 6, Item F, which stated that a vehicle removed by this ordinance could not be reconstituted or made operable again. Attorney Richardson explained that this prevented the selling of inoperable vehicles at public auctions, and gives authorization to take these vehicles to someone who will demolish them or a junkyard who will take the parts. Councilman Kloesel questioned if this ordinance could be used detrimentally in the future. Attorney Richardson stated this ordinance provides for a designated body (in this case he chose Municipal Court) to preside at a public hearing after the owner of the premises has been notified - -a request for the hearing to be made within ten days. He felt due process would be served in having a hearing. The court would determine whether or not the vehicle was junk, and would have discression as to the amount of time in which the vehicle must be removed. Councilman Stasney asked that the ordinance be passed in the interest of beautification of Baytown. Mery Rosenbaum, Co- Chairman of the Beautification Committee, supported the passage of the ordinance at this meeting because modifications, if needed, could be made at a later date. Councilman Cannon then moved to adopt the ordinance. Councilman McWilliams 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. 1153 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, BY AMENDING DIVISION 2, IMPOUNDING VEHICLES, SO AS TO REPEAL THE PROVISIONS OF SUCH DIVISION AS PRESENTLY CONSTITUTED, AND TO SUBSTITUTE IN ITS PLACE THE PROVISIONS OF A NEW DIVISION 2, ABATEMENT AND REMOVAL OF JUNKED VEHICLES; DEFINING TERMS USED;.DECLARING JUNKED VEHICLES OR ANY PARTS THEREOF TO BE A PUBLIC NUISANCE; SETTING OUT EXCEPTIONS; DESIGNATING THE CHIEF OF. POLICE AS ADMINISTRATOR OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR NOTICE TO OWNER OR OCCUPANT OF PREMISES WHEREUPON SUCH PUBLIC NUISANCE EXISTS; PROVIDING FOR A PUBLIC HEARING UPON REQUEST OF THE OWNER OR OCCUPANT OF THE PREMISES WHEREUPON SUCH PUBLIC NUISANCE EXISTS; PROVIDING FOR NOTICE TO THE TEXAS HIGHWAY DEPARTMENT; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance - Two Hour Parking Limit City Attorney Neel Richardson explained the purpose of this ordinance is to eliminate the two -hour parking restrictions north of Defee and south of Pearce Streets, and referred Council to a map illustrating this area. Counclman Eloesel moved to adopt this ordinance. Councilman McWilliams seconded. The vote follows: Ayes: Councilman Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None The caption of the ordinance follows: Minutes, January 18, 1972 5145 ORDINANCE NO. 1154 AN ORDINANCE AMENDING THE CODE OF ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, BY AMENDMENT OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, ABY AMENDING SECTION 18 -122.1 THEREOF SO AS -TO REPEAL THE PROVISIONS OF SUCH SECTION AS PRESENTLY CONSTITUTED AND TO SUBSTITUTE IN ITS PLACE THE PROVISIONS OF ANEW SECTION SETTING OUT THE AREAS OR STREETS OR PORTIONS OF STREETS LYING WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN, WHICH CONSTITUTE TWO(2) HOUR TIME LIMIT PARKING ZONES AS CONTEMPLATED BY SECTION 18 -122.1 OF THE BAYTOWN CODE OF ORDINANCE; PROVIDING FOR PENALTIES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THEPUBLICATION AND EFFECTIVE DATE HEREOF. Consider Ordinance - Increase parking meters Attorney Richardson explained this ordinance would increase from seven to ten the number of parking meters on Gaillard Street around the Post Office. These are 15- minute meters. Councilman Cannon moved to adopt the ordinance. Councilman McWilliams seconded the motion. The vote follows: Ayes: Councilmen Eloesel, Walker, Lander, Stasney, Cannon and mcWilliams Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1155 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, BY AMENDING SECTION 18 -153.1 THEREOF, SO AS TO REPEAL THE PROVISIONS OF SUCH SECTION AS PRESENTLY CONSTITUTED, AND TO SUBSTITUTE IN ITS PLACE A NEW SECTION SETTING OUT THE PARKING SPACES SITUATED ON DEFER STREET AND GAILLARD STREET CONSTITUTING A PARKING -METER ZONE, REPEALING ORDINANCES INCONSISTENT HEREWITH, CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Increase Taxicab Rates and Fares ✓ Mr. Bill Laughlin, attorney representing Mr. Applegate of the Red Top Cab Company reported Mr. Applegate had not arrived, and requested Council defer this item pending his arrival. Consider Request- Extend Water & Sewer Service on Jones Road City Engineer Jack Morton presented to Council a letter from Mr. Huntley a resident of Jones Road requesting extension of water & sewer facilities. Baytown Marina is constructing a facility for 900 boats, and the residents feel the present 3/4" line, which is a private line, will no longer serve their needs. Jones Road has not been accepted by the City, but is shelled because the City garbage trucks travel on it. Sewer service has been requested because of the elevation factor, and cannot be serviced without a lift station. They are presently on 6eptic tanks. The policies of participation were discussed at length. A city ordinance provides sewer extension at cost to the property owner of $1.50 per front foot. The lift station participation is optional, and installation of an 850 -foot force main would be additional. The City has no ordinance on water extension, but a policy exercised in the past whereby the City pays for the first 100 feet of extension, and the property owners pay the rest. Mr. Morton estimated the total cost of extending full services for 1835 feet, to be $17,922.50. Mr. Morton proposed installing at 6" line instead of a 2" line, as this would provide fire protection. The 2" line will not. The need for this protection was questioned extensively by Council because of the few number of houses on Jones Road. It is not likely that any more residences will be erected because they are in the flood plane and a 16 -foot elevation would be required. To provide protection would cost the City an additional $2200. More f6edback was requested on this matter from the Fire Chief and residents. 5146 The question was raised if a City ordinance requires the residents to tie into a sewer. Mr. Morton stated if a resident is within 300 feet of a sanitary sewer he is required to do so. Mayor Walker pointed out several residences in the vicinity of Cedar Bayou who may not be complied with the Texas Water Quality Board, as they presently have septic tanks. Mr. Morton said the elevation factor had much to do with these cases. Councilman Cannon questioned if.property owners on Jones Road with no residences could be assessed for water & sewer when they haven't asked for it. Mr. Morton explained the ordinance provides that the owners requesting the services will have to pay for extensions through the underdeveloped properties. If at such time the property is developed, they will be reimbursed. Mayor Walker instructed Mr. Northcutt to meet with the residents of Jones Road and relay the present policy and ordinance for their reaction to give feedback to the Council, to consult with the Fire Chief for the need of fire protection in that area, and to consider the flood plane zone as future development will be affected by it. Consider Proposed Ordinance Call Public Hearing - Annexation South Kolon Apts.. Phase II Attorney Richardson explained this ordinance was requested by the Planning Department. The first phase of these apartments have been annexed, and this will be the second phase on Massey Tompkins Road. He Kequested any questions be deferred until the hearing. Councilman Walker moved to adopt the ordinance. Councilman McWilliams 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. 1156 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Preliminary Discussion on Council Redistricting Attorney Richardson reported on the status of redistricting, as provided by Jim Sanders of the Planning Department. The City's redistricting must be done in conjunction with the County's, which has not been completed. He stated the City could not redistrict prior to the election on April 4. The "one man -one vote" will not be affected by the state law because the counclmen are elected at large. The City Charter provides the City must redistrict after publication of the Census, even if it adopts its old districts. Since this is not a pressing matter, Councilman Walker moved to table into a work session. Councilman McWilliams seconded the motion. The vote follows: Ayes: Counclmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Consider Resolution No. 367, Appointing a Representative to the Houston - Galveston Area Council councilman Walker moved to adopt Resolution 360, reappointing Councilman Leonard Stasney as representative. Counclman McWilliams seconded 'the motion. Councilman Stasney then gave a brief synopsis of the Houston - Galveston Area Council. It is basically a planning body, broken into several groups, i.e., education, health, transportaion, and criminal justice. It is a function of the governor's office to assure that all state and federal projects are done in accordance with plans for the region made by the Houston - Galveston Area Council. Federal funds by government entities within this area cannot be granted without the approval of this Council. A vote on the motion was called for: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Minutes, January 18, 1972 5147 Council ... con't. _'.� • � � y _ % / —" -' -' Councilman Walker moved to appoint Ted Kloesel as alternate representative. Councilman McWilliams seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None ■ The caption of the resolution follows: RESOLUTION NO. 367 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPOINTING COUNCILMAN LEONARD STASNEY AS THE REPRESENTATIVE OF THE CITY OF BAYTOWN TO THE GENERAL MEMBERSHIP BODY OF THE HOUSTON GALVESTON AREA COUNCIL FOR THE YEAR 1972, AND COUNCILMAN TED KLOESEL AS THE ALTERNATE. Consider Appointments Electrical Board Mayor Walker submitted to Council for approval reappointments to the Electrical Board of Joe Crumpler-Utility, H L & P, Joe Phelps - Master Electrician, and Billy Trousdale - Journeyman. Mr. Leo Frost stated these menwere qualified and had done an excellent job in the past. Councilman McWilliams moved to reappoint these men. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays; None Library Board Mayor Walker recommended the reappointment of Joe Barsalow, Martha Hemphill, and I.M. (Deacon) Jones to the Library Board, Councilman Stasney moved to affirm the appointments. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Human Relations Advisory Board Mayor Walker submitted the names of four people, which will complete the membership in the Advisory Board. They are Marcellas Harmon, Johnny Clark , Jim Setley, and Marian Spitz. Councilman McWilliams moved they be approved. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Utility Committee Mayor Walker pointed out the need to fill the two vacancies on the Utility Committee, of which Councilmen Cannon and Kloesel are presently members. He recommended the appointment of Councilman Walker, and Councilman Stasney who will serve as Chairman. Councilman Cannon moved to approve the appointments. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Ca -non and McWilliams Mayor Walker Nays: None This committee will not deal directly with the telephone rate hearings, and the Mayor reminded the Council hearings will resume February 7, 8 & 9, at which time the City will present its case. 5148 Ambulance Committee Minutes, January 18, 1972 Councilman Lander has been appointed to fill the vacancy of Lamar Kelley. Mobile Home Review Board Mayor Walker recommended the appointment of Marshall Roufner to the Mobile Home Review Board. Councilman Walker moved to approve the appointment. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilman Kloesel, Walker, Lander, Stasney, Cannon and McWilliams, Mayor Walker Nays: None Taxicab Rate Increase Mr. Bill Laughlin reported that Mr. Applegate had arrived with the Profit Loss Statement requested by the Council, He reported difficulty in attaining this statement as the CPA's are busy at this time of year. Because he has not had time to review the statement, he requested Mr. Applegate be placed on the agenda_. of the next regular meeting. Hear Report from Architect on Police Building Mr. Bill Burge, of Davis & Burge Architects, gave a brief review on the progress of the proposed 30,000 square foot Police Building with a budget provided of $500,000.00. Because of the actual cost came to $637,000.00, certain facilities were designated as alternates - the pistol range, dressing room, and juvenile division. Because the land on North Main was not large enough, in October approval was given to relocate on the Civic Center site. Mr. Burge then presented a letter from Baytown Engineering defining the problems to be encountered by relocating. A very indepth discussion began about the location of the fault line on this site. Mr. Johnny Busch, of Baytown Engineering, stated that extensive studies had been made by the City Administration, by McClelland Engineers of Houston, and Dr. DeWitt Van Siclen - Professor of Geology at the University of Houston. As far as he was concerned, he had a statement from the City of Baytown locating the fault zone, which is 50 feet either side of the actual fault line. He explained the difficulty encountered locating this zone as it is so poorly defined. Although McClelland Engineers are considered to be the foremost people in the southwest on soil analysis, Mr. Busch expressed his reservations that the zone has been clearly defined, and further stated that Baytown Engineering would not take responsibility for the location. Other points discussed was the ,possibility of moving the building on the Kniqhts of Columbus property; the possible sale of North Main property providing funds for the alternates; and a meeting with Commissioner's Court and /or Buster Kern to discuss the possibility of a joint venture in providing jail facilities. Councilman Lander suggested a meeting with McClelland Engineers and Dr. Van Siclen to reassure the Council; Mr. Burge, Mr. Busch, & Bo Turner attend also. The Council agreed to meet Tuesday, January 25, at 5:00 p.m., provided everyone can attend. Receive Report from City Manager on Long Range Street Rebuilding Program Acting City Manager Howard Northcutt reported that he had talked with Jack Morton, and he feels that to come up with a five to ten year long range plan, a complete street inventory needs to be conducted. Mr. Northcutt was instructed to proceed with the inventory. Councilman Kloesel commented that there is $250,000.00 in the 1972 fiscal year budget and anticipates the same amount in the 1973 budget. He asked the Administration to consider going into some "deficit spending" & go out for bids for the entire package for 1972 Street Rebuilding Program of $500,000.00, so as to have it in progress by the next budget time. This would be a deficit for about sixty to ninety days. Texas Highway Department - Install Protective Devices at Southern Pacific Railroad Crossing on Airhart Drive. Mayor Walker explained that Council action is required to grant authority to Mayor to execute a certification statement to the State on participation of the crossing on Airhart. Under the 1972 City - County Railroad Grade Crossing Protection Program, Minutes, January 18, 1972 5149 the participation basis is 60% federal, 10% railroad, and 108 city funds. This protection will signalize with lights, bell, and a gate. Councilman Kloesel moved to grant this authority. Councilman Walker seconded the motion. The vote was: Ayes: Councilman Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Committee Reports Councilman Kloesel reported the Traffic Committee is unable to give Council a recommendation on railroad signalization of crossings at Cedar Bayou, Massey Tompkins, & Bob Smith Roads. A meeting will be held January 25 at which time the railroad views will be heard. Councilman Kloesel reported an overhead directional signal on Texas Avenue and Alexander Drive going east has been requested. Also, a request was received for the paving cost of Morrell .Street from Garth Road to North Main. Mr. Northcutt reported a meeting with Mr. Dave Marvel of the Highway Department Wednesday, January 19, at which time the status of the TOPICS program will be discussed. Councilman Cannon requested Mr. Northcutt to contact Mr. John Hudson also in relation this matter. Councilman Cannon asked the Administration to begin proceedings concerning the engineering at the intersection of Highway 146 and Ward Road. Mr. Cannon has talked with a Shell representative and feels an agreement for the purchase of needed right -of -way is forthcoming. Harris County Savings and Loan has already agreed on the purchase, so this intersection should be corrected in the near future. Bank Account Attorney Richardson reported a request by Director of Finance, Jr. J. B. LeFevre, for a resolution from Council authorizing new signatures on the City bank account. re Mr. LeFevre suggested any two of the three officers of the City be authorized to sign, namely, Howard Northcutt, J. B. LeFevre, and Mrs. Edna Oliver. It was noted that the City's signature plate will have to be changed. Councilman Kloesel moved to adopt the resolution. 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 resolution follows: RESOLUTION NO. 368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THAT THREE (3) PERSONS BE DESIGNATED AS AUTHORIZED SIGNATORY OFFICERS, WITH FUNDS TO BE WITHDRAWN FWM THE DEPOSITORY SIGNED BY TWO (2) OF THESE THREE (3). Unfinished Business Mr. Bob Stipe appeared before the Council regarding the right -of -way purchase needed for the paving of Garth Road. He asked the Council who had the authority to change the plans for this paving. Mayor Walker explained that anyone may change them, but only the Council of the City of Baytown gives final approval. Mr. Stipe charged discrimination in the purchase of right -of -way. Otis Graham clarified this by stating that the amount of right -of -way was taken equally from either side of the road. Statement by Mayor regarding Executive Meeting " As I understand the law which allows this Council or any other Governmental Body to have Executive Sessions, designated in law as closed meetings versus .open meetings, the open meetings law allows the Council to have closed sessions to deal with only two subjects : the subject of right -of -way or the acquisition of real property, or discussion of personnel matters involving people and specific individuals. The law 5150 Minutes, January 18, 1972 does not require that these meetings be confined, that is, that there be any requirement for secrecy out of those meetings. It simply allows the Council, for matters of security and personal integrity and dignity that these meetings may be closed. In the past, this City has found it necessary on several occasions and we will tonight at the conclusion of this meeting have an Executive Session dealing with the acquisition of real property. There also have been occasions when in the discussion of personnel matters we have had to adjourn to Executive Session in keeping with the law. I would hope that this Council, in the interest of the security of the City, the dignity and integrity of individuals, would maintain the policies outlined by law and as far as is possible, not only comply with the law, but look to the good of the City in attempting to keep information which is discussed in a private manner, in a private manner." Adj ourn Councilman Cannon moved that the meeting be adjourned. Councilman Walker seconded the motion. The ayes were unanimous and the meeting adjourned into an Executive Session. e. C " k� � �zx C. GLEN WALKER, May r ATTEST: Belinda Bingham, City Cle k Secretary