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1970 06 11 CC Minutes4$12 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 11, 1970 The City Council of the City of Baytown, Texas met in regular session on Thursday, June 11, 1970 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: David Evans Councilman L Don M. Bull= Councilman Leonard W. Stasney Councilman Allen Cannon Councilman Lamar Kelley Councilman C. Glen Walker Mayor D. R. Voelkel City Manager W. R. Laughlin City Attorney Edna Oliver City Clerk Absent: Ted L. Kloesel Councilman The Mayor called the meeting to order and the Invocation was offered. He then called for the minutes of the regular meeting of May 28 and the special meeting of June 3. Councilman Hull= moved to approve the minutes of May 28 as submitted in written form. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: None Councilman Evans then moved to approve the minutes of the June 3rd meeting as submitted in written form. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, and Kelley Mayor Walker Nays: None Request - Reactivation of Fire Station No. 1 - Volunteer Fire Department John Donnelly, speaking for the Baytown Volunteer Fire Department, asked the Council to consider the reactivation of Station No. 1 with equipment and manpower to serve the southeast section of the City. Some concern has been expressed by home owners in the area especially since the construction of the M -P Spur crossing both South Main and Alexander Drive. The Council had no information relative to the pro- posed reactivation but, the Council agreed upon the need of a definite study being made prior to the location of the fire station which was authorized in the 1965 Bond Issue. The administration was asked to contact a representative of U. S. Steel for information such as how much train traffic is projected by M -P; how long a fire truck would be detained at each crossing; what hours trains will be moved, etc. These facts can than be compared with the history of most fires and a decision can then be made based on the facts. The Fire Chief and some members of the Volunteer Fire De- partment will also collect relating data and then meet with Council Hullum for finalization before making their report to the Council. This information will be gathered as quickly as possible. Ted Purdy - Extension of Ward Road - Property Valuations Ted Purdy, local businessman, met with the Council relative to the traffic counters, extension of Ward Road from North Main to Garth Road and the rendition of taxes and the values set on land throughout the city. He cited several examples where he was concerned about the difference in the rendition according to valuation. He ex- pressed dissatisfaction with the renditions. Also, he asked why the extension of Ward Road to Garth Road was not considered in the recent bond issue, since he felt there was a great need for an east -vest thoroughfare. He stated this should still be con- sidered. The Mayor suggested that he take his problems of equalization to the Equali- zation Board as soon as they convene. This will he during the month of June. The Committee which was assigned to the study of street needs prior to the bond issue decided against the extension of Ward Road as a major thoroughfare because of the problems of right- of-way and expense of widening a road through a residential area primarily from Commerce west. Their recommendation, and the voter's approval, was the establishment of another east -west thoroughfare further south. Mr. Puudy 4813 insisted on a traffic count - it was his contention that this was the better route. Consideration - Animal Ordinance City Manager Voelkel submitted several comments following his study of the Committee's report relating to the proposed Animal Ordinance. They are as follows: * Councilman Cannon arrives at meeting. (1) The Health Department be assigned the responsibility of details of the proposed ordinance; (2) Retain operation of department on the police band; (3) Questioned the effective enforcement of noise nuisance controls; (4) Health conditions should come under the supervision of Health De- partment; (5) Continued surveilance and assistance by the committee; (6) Forsee a need for a larger and more efficient pound - take an immediate look providing an adequate pound in another location (7) See no reason for "Beware of Dog" signs on the average fenced dog. On the Proposed Ordinance Revisions: Mr. Voelkel suggested that the City Attorney edit and codify the proposals. Also, he proposed revisions to Sections 5 -1, 5 -5, 507, 5 -9, 5 -14, 5 -16, 5 -17, and concluded with a statement that if the animal operation is placed under supervision of the Health Department, it will be necessary to hire a full -time clerk - typist to handle the records work and calls relating to the effective enforcement of the or- dinance. He suggested that the Council give some guidance to the City Attorney as to what its wants done and how it is to be done prior to the codification. Council- man Cannon proposed that a committee of councilmen be assigned to study the materials and recommendations of both the study committee and the City Manager and from these materials submit recommendations suitable for editing and codificating. Mrs. Ben Beck, Past President of the Baytown Kennel Club, asked that the Kennel License be defined to eliminate those members of the Kennel Club who showdogs for a hobby rather than for profit. She pointed out that this requirement would be a great imposition on many people as some members live in subdivisions where the deed re- strictions strictly prohibit any type commercial business within the subdivision. If a license is required, members living within a restricted subdivision cannot show their dogs even if it is only a hobby because, as the ordinance is now written, a license would constitute a business and they would not be allowed to keep them as such. Following some further discussion from those attending the meeting as well as members of the Animal Ordinance Study Committee, Councilman Kelley moved to authorize the Mayor to appoint a committee of three councilmen to review the recom- mendations both written and oral which have been submitted heretofore and from the material, edit and codify an ordinance which will be practical. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Mayor Walker appointed Councilman Stasney as Chairman together with Council- men Hullum and Evans to the committee. They will meet with both the City Attorney and Calvin Evans, Chairman of the Animal Ordinance Study Committee and be prepared to make a report at the next regular meeting of the Council. Ordinance - Authorizing Execution of Engineering and Architectural Contract CIP Councilman Kelley moved to adopt an ordinance approving a contract by and between Baytown Engineering Company and Langford Engineering Company to perform professional engineering and architectural services in connection with the 1970 -75 Capital Improvements Bond Program. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: 4814 ORDINANCE NO. 1030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A CONTRACT BY AND BETWEEN THE CITY OF BAYTOWN AND BAYTOWN ENGINEERING COMPANY AND LANGFORD ENGINEERING COMPANY,ACTING AS JOINT VENTURES, CONCERNING THE EMPLOYMENT OF THE $AID ENGINEERING FORMS TO PERFORM PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES; AU- THORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN; EXPRESSLY APPROVING THE FORM AND SUBSTANCE OF SAID CONTRACT: AND ALL ITS TERMS, PROVISIONS AND CONDITIONS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consideration - Amendment to Junk Yard Ordinance Councilman Stasney proposed to amend the present Junk Yard Ordinance to include areas which store wrecked automobiles or parts of automobiles because of the many such type areas which are appearing in the city limits. If a fence is required the junk would be less offensive to the.eye and this would tend to beautify the city. Councilman Hullum also asked that the "hedge" provision be deleted from the ordinance as a type of fencing because it is not an immediate solution to the problem because of the variations of growth. Too, it would be difficult to prosecute an offender if he had a hedge even if the storage area is not completely surrounded. City Attorney Laughlin stated that police powers would be null and void unless controls are re- gulated as to health, safety and welfare of the public in general. Following other relating discussion, Councilman Stasney moved to amend the Junk Yard Ordinance to require fencing of areas which store wrecked automobiled or parts of wrecked auto- mobiles and delete that portion of the ordinance which permits a hedge in lieu of a board fence. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Unfinished Business At the request of Councilman Hullum, the Council will consider an amendment to the Code of Ordinances to require drainage and /or covering of open pits located within the city limits of Baytown. This amendment will be considered at the next regular meeting of the council. Councilman Stasney asked the Council to reconsider the ordinance concerning placing political posters and placards on the city's rights -of -way. Councilman Hullum moved to table the subject. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilman Hullum and Kelley Nays: Councilmen Evans, Stasney, and Cannon Mayor Walker In lieu of the passage of such an ordinance, Dr. Karl Opryshek offered to re- move all policical signs from the city's rights- of-way for a period of one year. This service would be performed at no cost to the City provided he can negotiate such an agreement with the City Administration with the Council's approval. He proposed the removal of the signs within three weeks following the date of the election, be it city, county, etc. Councilman HU11W moved to accept the offer of Dr. Opryshek to remove all political signs and placards from the city's rights - of-way for a period of one year with the understanding that said signs and placards will be removed within three weeks following the date of the election at no cost to the city. Councilman Kelley seconded the motion. The vote follows; Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None City Manager Voelkel reminded the Council that June 20 will be the last day for the enforcement of a 2 -hour parking limit in the downtown business district in lieu of parking meters as set forth in Ordinance No. 1023. The Council may want to consider an extension. If so, this will require an amendment to the ordinance. Mayor Walker reported that the Downtown Parking Committee has net and will soon make a report and recommendation but not prior to June 20. He proposed that an extension be approved until the report and recommendation is submitted. Councilman Kelley moved to amend the ordinance to extend the two -hour parking limit indefinitely. Councilman Hullum seconded the motion. Councilman Stasney asked that some definite time limit be de- signated on the extension in order to evaluate the income from parking meters and cost of enforcement plus hearing the report and recommendations from the Downtown 4815 Parking Committee. He concluded by moving to amend the motion to extend the ef- fective period of the ordinance for 30 -days. This motion died 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 Stasney The Downtown Parking Committee will be asked to study the parking abutting the post office building and submit recommendations for elimination of a portion of the congestion presently existing at this location. Statement of Policy - Mayor Walker _ Mayor Walker introduced and read the following statement and asked the Council for concurrence or disapproval of its contents. "In view of recent events involving Baytown Citizens at the 50 -50 Club and the subsequent publicity which has raised many questions, I personally feel that a statement of policy from this Council is in order. In the first place the incident in question was outside the city limits of Baytown and thus outside the jurisdiction of the Baytown Police Department. Our Police. Department could not exercise any authority at this location. In the second place, while every citizen is entitled to his own private life, anyone accepting public office, elective or appointive, voluntarily subjects himself to close public scrutiny and assumes the responsibility for exem- plary conduct at all times. It is not the policy of this Administration, this Police Department nor of this City Council to condone, excuse or tolerate conduct unbecoming to public officials, elected or appointed. Above all we do not approve of nor intend to tolerate preferential treatment or immunity from the law for any person for any reason. If and when conclusive evidence is available to warrant the public censure of anyone involved in such wrong- doing, we intend to do so." Councilman Kelley moved to approve and adopt the statement. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Adjournment There being no further business to come before the Council, Councilman Kelley moved for the meeting to adjourn. Councilman Hullum seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. C. Glen alkdf, y 6r-1 ATTEST: n /� (n cC.�.A/ J�-t � Edna Oliver, City Clerk APPR7 D: William R. Laughlin, City Atto ey