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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