1970 05 28 CC Minutes4806
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
May 28, 1970
The City Council of the City of Baytown, Texas met in regular session on
Thursday, May 28, 1970 at 6:30 p.m., in the Council Room of the Baytown City Hall
with the following members in attendance:
Absent:
Ted Kloesel
David Evans
Don M. Hullum
Allen Cannon
Lamar Kelley
C. Glen Walker
D. R. Voelkel
W. R. Laughlin
Edna Oliver
Leonard Stasney
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Councilman
The Mayor called the meeting to order and the Invocation was offered by
George Nielson, Minister of Education, Memorial Baptist Church. The Mayor then
called for the minutes of the regular meeting of May 14th. Councilman Kloesel
moved to approve the minutes as submitted in written form. Councilman Hullum
seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
Mrs. John Brunson - Historical Site for Baytown
Mrs. John Brunson, representing the Daughters of the Republic of Texas,
presented the need for a special place to house rare books, historical papers and
artifacts which are now kept in private homes. She proposed that the City utilize
the property adjoining the Sterling Municipal Library by adding a room on the
south side of the library. Also proposed that it be called the Texas Historical
Room with volunteer workers provided by the many partriotic organizations in
Baytown. She concluded her presentation with a plea for the Council and Library
Board together to plan a historical wing for the Sterling Municipal Library. Mayor
Walker expressed his appreciation of the interest shown by Mrs. Brunson and asked
that she serve on committee appointed at the last meeting to accumulate historical
artifacts and recommend the restoration and preservation of one or more historical
buildings to house the materials gathered. Mrs. Brunson agreed to serve on the
committee.
Consider - Report Animal Ordinance
Calvin Evans, Chairman of the Committee to recommend revisions to the City's
dog ordinance, gave a brief report on the results of a committee meeting held with
four local veterinarians, the Chief of Police, the City Attorney and other members
of the Committee. The group discussion brought about some proposed changes in the
original draft. They are as follows:
(1) Every instance where the word "sanitation department" appears should
read "health department."
(2) Sec 5 -1 Definitions - (a) should read
(A) Puppy -birth through five months
(B) Adult Dog -six months and over
(C) Kitten -birth through five months
(D) Adult cats -six months and over
(3) Sec 5 -3 COOP - Generally - Delete this section in
(4) Sec 5 -6 Rabies Protection Vaccination of household pets - change
in reading
(5) Sec 5 -8 Kennels - Delete the second (a) portion
(6) Sec 5 -16 Redemption: (a) for the first 2 offenses, during a 12 -month
period, the owner shall be subject to a $10.00 impounding fee for
each impoundment; add (c) proof of rabies vaccination by a duly
licensed veterinarian shall be furnished within seven (7) days by the
redeemer, on a form furnished by the city pound.
4807
Mr. Evans completed his report with a request for the city to consider purchasing a
tagging machine for use on animals, should the Council decide against the licensing.
Following discussion, it was agreed that the City Attorney and City Manager will re-
view the proposed ordinance as finally agreed upon by the Committee. It will be
placed on the agenda for Council consideration at the next regular meeting.
Consider Ordinance - Regulating Posting of Signs and Placards
City Attorney Laughlin reviewed the contents of an ordinance regulating
the posting of signs and placards within the public right -of -way. The proposed
ordinance requires that all candidates and any other person, firm or corporation
or association, including church or any other non - profit organization, obtain a
permit and pay a cash bond - to be set at the Council's discretion - and to be
refunded when materials are removed. As an alternative, the Council could prohibit
the placing of the posters on utility poles in rights of way, or provide that any
posters would have to be erected on their own standards or stakes. Some exceptions
could be made on the posting of a bond, but they would be required to obtain a per-
mit. It was pointed out that a garage sale would be considered a profit motive ac-
cording to the language of the ordinance and would require the posting of a cash
bond. Councilman Kloesel stated that he felt the proposed ordinance put an unneces-
sary restriction on removing the posters or placards. In his opinion it was better
to have a voluntary cleanup campaign, than one enforced by rigid ordinance.
Councilman Cannon stated that he preferred going with the cash bond for any political
campaign and requiring a permit for any other type advertising omitting the cash
bond. The person obtaining the permit would be required to remove any advertising
placards or posters at the conclusion of the advertised event, even school plays,
garage sales, etc. however, it would waive the bond requirement. He concluded
with a motion that the ordinance be adopted with an alternate that a fifty dollar
cash bond be required for all political advertising; the fifty dollar bond be
waived for other advertising provided all advertising be removed within a 2 -week
period. Councilman Evans seconded the motion. Councilman Kloesel opposed the
adoption of such an ordinance because he felt that political candidates were being
discriminated against. In his opinion this may discourage from entering the poli-
tical field. Councilman Hullum objected to the inconvenience and additional paper
work required in obtaining and issuing permits. Councilman Cannon moved to amend
his original motion to provide for the payment of a cash bond of $50 by political
candidates and omit the regulating of other types of advertising. Councilman
Evans seconded the motion. The vote follows:
Ayes: Councilmen Evans and Cannon
Mayor Walker
Nays: Councilmen Kloesel, Hullum, and Kelley
The motion failed for lack of a majority. Councilman Hullum suggested
a $10 permit fee requirement for aspiring candidates, omitting the $50 bond.
Following some further discussion, Councilman Kelley moved to remove this item
from the agenda. Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Hullum, and Kelley
Nays: Councilmen Evans, Cannon and Mayor Walker
The motion failed for lack of a majority. However, the Council ceased
discussion on the proposed ordinance and passed to the next order of business.
ordinance - Regulating the operation and maintenance of Swimming Pools
City Attorney Laughlin reviewed the contents of an ordinance amending the
code of ordinances by the addition of a new article - Water Quality Requirement for
Public Swimming Pools. A public swimming pool was defined as any swimming pool,
other than a private residential pool, intended to be used collectively by numbers
of persons for swimming or bathing. This would include apartment, or recreational
pools and would require certain water quality standards for preservation of health
standards plus the acquisition of an annual license in the sum of $12.00. Such
permit to be renewed prior to July 1st of each year. Following some discussion,
Councilman Kelley moved to adopt the ordinance as presented. Councilman Evans
seconded. Councilman Kloesel moved to amend the motion to delete the annual li-
cense fee requirement from the ordinance and have it remain as an inspection
ordinance. The motion was declared dead for want of a second. Mayor Walker then
called for the vote on the original motion. The results follow:
Ayes: Councilmen Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: Councilman Kloesel
4808
The caption of the ordinance follows:
ORDINANCE NO. 1028
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS, BY THE AMENDMENT OF CHAPTER 28, SWIMMING POOLS, BY THE AD-
DITION OF A NEW ARTICLE, TO -WIT: ARTICLE II, "WATER QUALITY REQUIRE-
MENTS FOR PUBLIC SWIMMING POOLS "; CONTAINING DEFINITIONS, ESTABLISHING
WATER QUALITY STANDARDS FOR PUBLIC SWIMMING POOLS AS HEREIN DEFINED;
PROVIDING AN ANNUAL PERMIT FOR THE OPERATION OF PUBLIC SWIMMING POOLS;
PROVIDING FOR A PENALITY NOT EXCEEDING TWO HUNDRED ($200.00) DOLLARS;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Appointment - Member Parks & Recreation Board
Councilman Kloesel moved to approve the appointment by Mayor Walker of
Richard T. (Dick) Moravek as a member of the Parks & Recreation Board of the City
of Baytown. Councilman Hullum seconded the motion. The vote follows:
Ayes: Councilmen Evans, Kloesel, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
* Mayor Walker excused from the meeting.
** Councilman HU11M serves as Mayor Pro 'rem
Postpone RevieW Junk Yard Ordinance Next Regular Meeting
Discussion of the Junk Yard Ordinance was postponded until the next
regular meeting because of the absence of Councilman Stasney.
Ordinance- Accepting Skip Letter Assessments - Mechanic's Lien Contracts Ward Road
Councilman Kelley moved to adopt an ordinance directing Warren Brothers
Company to proceed with the improvement of Ward Road from Highway 146 east to
Kilgore Road and accepting unsecured properties abutting upon said road and ap-
propriating the sum of $23,797.90 to pay the additional costs of the improvements,
over and above the sum heretofore appropriated to pay the City's portion of the
cost of said improvements. Councilman Evans seconded the motion. The vote follows:
Ayes: Councilmen Evans, Kloesel, Cannon, and Kelley
Mayor Pro Tem Hullum
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1029
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DIRECTING
WARREN BROTHERS COMPANY, GULF DISTRICT, DIVISION OF ASHLAND OIL AND RE-
FINING COMPANY, CONTRACTOR, TO PROCEED WITH THE IMPROVING OF CERTAIN
PORTIONS OF WARD ROAD FROM THE EAST LINE OF HIGHWAY NO.146 TO THE WEST
LINE OF KILGORE ROAD IN THE CITY OF BAYTOWN, TEXAS; AGREEING UPON THE
COMPLETION OF SAID IMPROVEMENTS AND THE ACCEPTANCE THEREOF BY SAID
CITY IN ACCORDANCE WITH THE TERMS OF THE CONTRACT BETWEEN SAID CITY AND
SAID CONTRACTOR, DATED JANUARY 22, 1970, THE CITY OF BAYTOWN WILL PAY
THE CONTRACTOR FOR THE CONSTRUCTION OF SAID IMPROVEMENTS AND APPROPRIATE
FUNDS TO COVER SUCH ADDITIONAL COSTS NOW PROVIDED FOR BY THE TERMS OF
SAID SONTRACI.
Appointment - Granville Laughlin - Civil Service Commissioner
Councilman Kelley moved to confirm the appointment of Granville Laughlin
as a member of the Baytown Civil Service Commission for the three ensuing years.
Councilman Evans seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Cannon and Kelley
Mayor Pro Hullum
Nays: None
4809
Change - Traffic Flow King Street to Two Way Traffic
Councilman Cannon moved to amend the traffic code to authorize two -way
traffic on King Street rather than the one -way traffic east as presently desig-
nated. Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Cannon, and Kelley
Mayor Pro Tom Hullum
Nays: None
City Manager's Report 7
The Council heard a report on the policies of Houston and Pasadena re-
garding acquisition of rights- of-way, and levying of paving assessments. The report
was given by James Fonteno, a professional appraisor who has been engaged in this
business for the past six or seven years. He touched upon the general procedure of
approach when assessing homesteads, business property or acreage in general. The
Council offered some questions for clarification of the general procedure but no
definite action was taken by the Council at this meeting.
Ross Wilhite reviewed the preliminary drawing of the Loop 201 relating to
its interchanges, the off- ramps, etc. The Highway Department was asking for a com-
mitment from the City that it will provide additional right of way, if needed, at
North Main, Garth and Pruett to get the projected traffic on the highway. The
Highway Department cannot use its Federal and State funds for the purchase of this
additional right -of�ay. They want the City to indicate that when the volume or
need is there, the City will provide whatever land is needed to allow the traffic
to flow properly, about 10 -feet in width. Councilman Kelley moved to authorize the
Administration to write a letter expressing the City's intent on the three areas
mentioned. Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Cannon and Kelley
Mayor Pro Tem Hullum
Nays: None
Adjourn
Councilman Kloesel moved for the meeting to adjourn. Councilman Evans
seconded the motion. The ayes were unanimous and the Mayor Pro Tem declared the
meeting adjourned.
Mayor Pro Tem, Don M. Hullum
\(J CUL_
Edna Oliver, City Clerk
APPROVED-
William R. Laughlin, City Attorney