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1971 07 20 CC Minutes5040 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN July 20, 1971 The City Council of the City of Baytown, Texas met in regular session on Tuesday, July 20, 1971 at 6:30 p.m. in the Council Room of the Baytown City Hall with the following members in attendance: Ted Kloesel Councilman C. O. Walker Councilman Jody Walker Councilman Leonard Stasney Councilman Allen Cannon Councilman Jim McWilliams Councilman C. Glen Walker Mayor Kenneth DeHart Acting City Attorney Edna Oliver City Clerk The Mayor called the meeting o0 order and the Invocation was offered. He then called for the minutes of the regular meeting on Jly 6th. Councilman Stasney offered the following correction: Parks r Recreation... Recommendation: Councilman Stasney stated that roads and public buildings would not be a valid use for matching funds. With this correction, Councilman Kloesel moved to approve the minutes as corrected. Councilman Lander seconded the motion. The vote follows:. Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Councilman Lander moved to approve the minutes of the special meeting on July 13th as submitted in written form. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker None; None Representative Boise Cascade Apartments - Sanitary Sewer Service Mr. Braham, representing the Boise - Cascade Apartment Complex off Baker Road, appeared before the council to express objections to the action of the Council at the July 6th meeting when it voted to deny further tie -ins, including the apartment project, to the sanitary sewer system of the Craigmont Treatment Plant until the movable plant, now under contract, is in place and ready for use. He reviewed the steps that have been taken heretofore by the developer in relation to available facilities, particularly sewage treatment and stated that the cityaappears to have broken faith on two occasions, in April and July of 1971. He continued by saying that the issue of initial occupancy as a supplement income for the property is most imperative as the developer is 3 or 4 months behind in the income projections and asked the Council to reconside: its action of July 6 which pertains to the 236 apartment project. He requested immediate permission to occupy which will be over an extended period which should not effect the functioning of the Craigmont Plant and that the Council control the increase to any plant, not just to Craigmont plant before the construction permit, not after permit has been approved. The Council heard Mr. Brehm and offered some questions following his presentation as a matter of clarification.;. but no action was taken upon his request to permit the management to occupy the apartments prior to the date of the completion of the movable treatment plant. Don Hallam - Exception to No. 2 Fire Zone - Property Abutting Minnesota Street Don HulluM appeared to request the Council to grant him permission to move a mobile home on a lot abutting a washateria which he owns at 3323 Minnesota Street. The area in question is in the No. 2 Fire Zone of the city and would require a 30 -foot clearance on each side of the unit, and this is not possible because of the width of the 5041 Ayes: Councilmen Kloesel, Walker, Lander, Stesney, Cannon and McWilliams Mayor Walker Nays: None mayor Walker then called for the vote on the original motion, plus the amendment. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Councilman Kloesel then moved to request the Administration to give the City Council a report with a recommendation to complete the study of fire zone boundaries within the next nineth (90) days. Councilman Stasney seconded the motion. Fire Chief Bland stated that to do this type of project objectively he will need the services of a Fire Protection engineer or a representative of the State Board of Insurance to do it adequately. He suggested forming a committee from the insurance industry, property owners to make it equitable to all parties involved. Following further discussion, Councilman Stasney withdrew his second to the motion. Councilman Walker then seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Verdette Hall - Consulting Services - Rate increase and Franchise Negotiatio Telephone Compa The Council heard Mr. Verdette Hall, a representative of Communication Management, Inc., who offered consulting services to assist the City in determining the rate increase and new franchise negotiations with General Telephone Company. The retainer fee was quoted as $1,500 per month and he would expect to complete the study in approximately sixty (60) days. The Council submitted several questions for clarification, and concluded by thanking Mr. Hall for the information he supplied. RS° lot. Mr. Hullum explained that his place of business has been vandalized or robbed five times in the past two weeks and this move would be for the protection of his investment. Councilman Kloesel stated that he felt there is a need for considering revisions to the fire zones of Baytown. Some areas included have depreciated to such an extent until it is not feasible to include them within the zones but other areas are presently outside the fire zones and should be included. He suggested modifications be made following the completion of a study. Councilman Stasney stated that he had looked at the location in question at this meeting and felt that some modifications could be made that would protect the business firm or firms facing Mennesota Street as there is a need for fire zoning because of the high loss risks. In this particular instance, the lots are approximately 200 feet deep and the back portion of the lots have apartments build on them. He suggested that the first 100 feet be included in the fire zone and the back 100 feet be excluded. This would permit Mr. Hullum to move in the mobile home, place it at the rear of the property near his building and solve his problem. Councilman Lander expressed concern if the amendment would effect the city's fire insurance rate. Fire Chief Bland stated that it would affect the individual in question. He concurred that there is a need to modify the present fire zone ordinance but it should be done on an indepth study rather than an exceptional type situation. Council- man Stasney moved to instruct the City Attorney to prepare an ordinance, for adoption at a later meeting, granting exception in this case for the one particular lot in question. Councilman Cannon seconded the motion. Councilmen Lander then moved to amend the original motion to add provided it does not jeopardize or increase the insurance of the neighboring properties. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stesney, Cannon and McWilliams Mayor Walker Nays: None mayor Walker then called for the vote on the original motion, plus the amendment. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Councilman Kloesel then moved to request the Administration to give the City Council a report with a recommendation to complete the study of fire zone boundaries within the next nineth (90) days. Councilman Stasney seconded the motion. Fire Chief Bland stated that to do this type of project objectively he will need the services of a Fire Protection engineer or a representative of the State Board of Insurance to do it adequately. He suggested forming a committee from the insurance industry, property owners to make it equitable to all parties involved. Following further discussion, Councilman Stasney withdrew his second to the motion. Councilman Walker then seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Verdette Hall - Consulting Services - Rate increase and Franchise Negotiatio Telephone Compa The Council heard Mr. Verdette Hall, a representative of Communication Management, Inc., who offered consulting services to assist the City in determining the rate increase and new franchise negotiations with General Telephone Company. The retainer fee was quoted as $1,500 per month and he would expect to complete the study in approximately sixty (60) days. The Council submitted several questions for clarification, and concluded by thanking Mr. Hall for the information he supplied. RS° 5042 John Humphrey — Baytown Fire Fighters Association - Pay Increase & Fringe Benefits John Humphrey, spokesman for the Baytown Firefighters Association, Local 1173, appeared to present the Association's request for increase-in wages and other benefits, They are enumerated as follows: 1. $100 per month across the board pay increase 2. 48 hour work week 3. Increase vacation days allowance 4. Restoring pay roll deduction for fire fighter association dues '5. City increase contribution for the retirement program 6. For two additional holidays per year 7. City to pay for all hospitalization insurance premiums for dependents of employees 8. $1.00 per month- increase in longevity 9. Do not create any pay or fringe benefit disparity between the Police and Fire Departments The Council submitted several questions relating to several items listed but no action was taken on the requests at this meeting. These requests will be considered during the forthcoming budget study. Carl Connerton, Jr. - Three Items Carl Connerton, Jr. submitted three items for Council consideration. (1) During budget study, he has heard there will be no workshop, only breakfast meetings. He wanted the Council to stay away from breakfast meetings as he could not attend; and (2) redistricting after Federal Census; and (3) asked council to appeal his case to the highest level so that he can have his name placed on the ballot in 1972 should he desire. Recent action of the State Legislature will become law as of August 30, 1971, and states that the State Law will supersede any City Charter when a conflict is found. Travis Porter - Brownwood Civic Association" Travis Porter, President of the Brownwood Civic Association, asked when the Citx would start work on the perimeter roads in Brownwood. Mayor Walker reported that he had received official notification from Commissioner Bray that the County will furnish the trucks and man -power for hauling the dirt for the internal levy project which will.help in lowering the cost of the project so that the $200,000 provided in the bond fund may cover the costs. By this action, the date for starting the project will be brought nearer and when this information is available the Civic Association will be notified. The Council expressed appreciation to Commissioner Bray for his assistance in this matter of hauling. Bids - Chlorine - Rock Asphalt,.- Boat Ramp Lighting - Street Repaving Bids were received on four contracts and they are tabulated as follows: Liquid Chlorine Diamond Shamrock Jones Chemical Van Waters & Rogers Thompson Hayward S. E. C. Corp (not complete) total bid $15,312.50 total bid $15,312.50 total bid $15,312.50 total bid $17,000.00 total bid $ 6,336.00 The present supplier is Diamond Shamrock, who is equally low with two other firms. It was the recommendation of the Administration that the contract be awarded to Diamond Shamrock. Councilman McWilliams moved to award the contract to Diamond Shamrock as recommended by the Administration. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Minutes, July 20, 1971 Precoated Rock Asphalt Aggregate and Premix Pock Asphalt 5043 Whites Mines Precoat Rock Asphalt Aggregate Premix Asphalt Grade 3 $5.19 $2,595.00 $5.75 $8,625.00 Grade 4 $5.39 $2,695.00 Grade 5 $5.49 $2,745.00 Total bid: $16,660.00 9R9 Uvalde Rook Asphalt Premix Asphalt Grade 3 $5.16 $2,580.00 $5.82 $8,730.00 Grade 4 $5.38 $2,690.00 Grade 5 $5.48 $2,740 Total bid: $16,740.00 It was the recommendation of the Administration that the White's Mines Bid be accepted. Following some discussion, Councilman McWilliams moved to accept the recommendation of the Administration, and accept the low bid of White's Mines. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker,, Lander, Stasney, Cannon and McWilliams Mayor Walker . Nays: None Three bids were received for additional lighting installation in Roseland Park. The tabulation follows: Baytown Industrial Corporation $1,800 Cantrell Electrical Co. $1,850 Vomsand Electric Co. No bid It was the recommendation of the Administration that the contract be awarded to the low bidder, Baytown Industrial Corporation. Councilman Kloesel stated that he felt that Cantrell Electrical Company had the better bid because of their experience in the electrical contracting field. He concluded with a motion that the Council accept the second low bid of Cantrell Electrical Co. Councilman McWilliams seconded the motion. Following some discussion, Mayor Walker called for the vote. Ayes: Councilmen Kloesel and McWilliams Nays: Councilmen Walker, Lander, Stasney, and Cannon Mayor Walker Councilman Stasney than moved to accept the low bid of Baytown Industrial Corporation in the amount of $1,800. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, Stasney and Cannon Mayor Walker Nays:: Councilmen Klossel and McWilliams 1971 Street Rebuilding Bids Warren Brothers Company Total Bid: $109,954.30 Brown s Root, Inc. Total Bid: $133,001.40 It was the recommendation of the Administration that the low bid of Warren Brothers Company be accepted. Councilman Stasney mentioned some sub - standard installations made on Ward Road by Warren Brothers and expressed his reluctance in awarding the contract without assurance of some repair to the discrepancies presently evident on Ward Road. Following some further discussion, Councilman Lander moved to accept the low bid of Warren Brothers Company. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Lander, Walker, Cannon 6 McWilliams Mayor Walker Nays: None Abstained: Councilman Stasney 9R9 5044 Minutes, July 20, 1971 Ordinance - Setting Public Hearing - Sanitary Landfill Site off Cedar Bayou - Lynchburg Road Acting City Attorney DeHart introduced and read an ordinance setting the date of August 3, 1971, at 6 :30 p.m. to hold a public hearing upon the proposed annexation of 55 acres of land owned by the city and located in the CG & S F R R Survey off Cedar Bayou - Lynchburg Road. Councilman Stasney moved to adopt the ordinance as read. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon Mayor Walker Nays: None Abstained: Councilman McWilliams The caption of the ordinance follows: ORDINANCE NO. 1106 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF RAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Resolution - Naming Walter Jenkins Memorial Park Councilman Cannon moved to adopt a resolution officially dedicating tracts of land acquired by the city from Mrs. Jenkins as a public park and naming such tracts the "Walter Jenkins Memorial Park ". Councilman Walker seconded the motion. The vote follows: Ayes: Councilman Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None The Caption of the resolution follows: RESOLUTION NO. 344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN OFFICIALLY DEDICATING TRACTS OF LAND ACQUIRED BY THE CITY FROM MRS. LOUISE JENKINS, AS A PUBLIC PARK, AND OFFICIALLY DESIGNATING AND NAMING OUCH TRACTS AS THE "WALTER JENKINS MEMORIAL PARK." Ordinance - Revising Code Enlarge Membership of Planning Commission Setting Attendance Guideline After introduction by Acting City Attorney DeHart, Councilman McWilliams moved to adopt an ordinance enlarging the membership of the Planning Commission from seven (7) to nine (9) members and to set meeting attendance guidelines. 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. 1107 AN ORDINANCE AMENDING ARTICLE II (BOARDS AND COMMISSIONS), DIVISION 4 (PLANNING COMMISSION), SECTIONS 2 -48, 2- 49,2 -50, and 2 -51 OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,FOR THE PURPOSE OF ENLARGING THE MEMBERSHIP OF THE PLANNING COMMISSION AND SETTING MEETING ATTENDANCE GUIDELINES, REPEALING ORDINANCES INCONSISTENT HEREIN= CON- TAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9 R (, Minutes, July 20, 1971 5095 Consider Administrative Proposal Adoption New Plumbing Code Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Consider Payment of LEGAL Fees - Vinson Elkins Suit Taxpayers Association City Manager Voelkel reviewed the steps leading up tb.the presentation of a statement from Vinson, Elkins, Searle & Smith of $5,000 as a fee for services rendered in connection with the case of B. B. Williams, Authorized Official and President of Texas Federation of Independent Business & Tax Payers Alliance vs City of Baytown, at al, in Harris County, Texas, , including injunction proceedings and Motion for Suamary Judgement in District Court. Since there was no formal Council action or agreement with the firm as to a fee, the City Manager asked for approval of the statement by adoption of an ordinance. Former City Attorney Laughlin explained that because of the seriousness of the allegations of the suit, the seriousness of the suit to the city, the fact that we had delayed the sale of the bonds because of an unfavorable market, because of the allegations and asking for a permanent injunction from sale of bonds, attacking the bond issue because of the procedures which were used, those which Vinson, Elkins helped the City outline, it was his thought that it would be no question but that the City would have to look to the bond firm and it would be necessary to avail ourselves of the counsel of the firm who had the opinions that the Attorney General would rely upon for the purpose of issuing the bonds. Vinson Elkins has been the city's bond counsel of long standing and he felt that the Council should have been aware there would be fees for this service. At the time the suit was filed, Mr. Laughlin explained that he had no idea what would be involved in disposing of the law suit and he could not ask the bond firm for an estimate of, fees because there was none available but thought it essential to ask them for their services, because of the seriousness of the matter. At that time he suggested that they increase the cost of their services under the bond program, but they elected to segregate the fee because they wanted the Council to know their fee was in relation to the law suit. Councilman Stasney stated that as far as he knew, it was never conveyed to the Council that this service would coat the city extra, however, Mr. Laughlin as an agent of the city incurred the debt and the city would be obligated to pay it, but in the future, he wanted to make sure that the Council is aware of an additional cost. The City Manager and Mr. Laughlin both agreed that the City Council did not authorize the expenditure. Councilman McWilliams stated that he questioned the authorization and the size of the fee and moved not to pay any part of the fee. Councilman Kloesel seconded the motion. Councilman Stasney then asked if the city was obligated to pay the fee to which the Acting City Attorney stated that he would have to brief it out to see where the city stands in this matter. Following some further discussion, Councilman Stasney moved to table the motion until the next regular meeting and ask the City Manager to give the Council a legal opinion as to the legality of incurring this debt. Councilman Walker seconded the motion. Ayes: Councilmen Stasney, Lander, Walker Mayor Walker Nays: Councilmen Kloesel and Cannon Abstained: Councilman McWilliams f1, 7 City Manager Voelkel reviewed the recommendation of the Administration for the adoption of a new Plumbing Code as the present code is obsolete due to the new materials that have been tested and used successfully over the past few years. It was the recommendation of the Administration that the code compiled by the Texas State Board of Plumbing Examiners and the Texas Municipal League be adopted with two amendments, namely (1) delete ra the use of bituminized sewer pipe, and (2) delete the use of plastic sewer pipe installation under concrete slabs. Councilman Kloesel moved to accept the recommendation of the Administration, including the two amendments, and instruct the City Attorney to prepare an ordinance, for consideration at the next regular meeting, adopting the new Plumbing Code as stipulated. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Consider Payment of LEGAL Fees - Vinson Elkins Suit Taxpayers Association City Manager Voelkel reviewed the steps leading up tb.the presentation of a statement from Vinson, Elkins, Searle & Smith of $5,000 as a fee for services rendered in connection with the case of B. B. Williams, Authorized Official and President of Texas Federation of Independent Business & Tax Payers Alliance vs City of Baytown, at al, in Harris County, Texas, , including injunction proceedings and Motion for Suamary Judgement in District Court. Since there was no formal Council action or agreement with the firm as to a fee, the City Manager asked for approval of the statement by adoption of an ordinance. Former City Attorney Laughlin explained that because of the seriousness of the allegations of the suit, the seriousness of the suit to the city, the fact that we had delayed the sale of the bonds because of an unfavorable market, because of the allegations and asking for a permanent injunction from sale of bonds, attacking the bond issue because of the procedures which were used, those which Vinson, Elkins helped the City outline, it was his thought that it would be no question but that the City would have to look to the bond firm and it would be necessary to avail ourselves of the counsel of the firm who had the opinions that the Attorney General would rely upon for the purpose of issuing the bonds. Vinson Elkins has been the city's bond counsel of long standing and he felt that the Council should have been aware there would be fees for this service. At the time the suit was filed, Mr. Laughlin explained that he had no idea what would be involved in disposing of the law suit and he could not ask the bond firm for an estimate of, fees because there was none available but thought it essential to ask them for their services, because of the seriousness of the matter. At that time he suggested that they increase the cost of their services under the bond program, but they elected to segregate the fee because they wanted the Council to know their fee was in relation to the law suit. Councilman Stasney stated that as far as he knew, it was never conveyed to the Council that this service would coat the city extra, however, Mr. Laughlin as an agent of the city incurred the debt and the city would be obligated to pay it, but in the future, he wanted to make sure that the Council is aware of an additional cost. The City Manager and Mr. Laughlin both agreed that the City Council did not authorize the expenditure. Councilman McWilliams stated that he questioned the authorization and the size of the fee and moved not to pay any part of the fee. Councilman Kloesel seconded the motion. Councilman Stasney then asked if the city was obligated to pay the fee to which the Acting City Attorney stated that he would have to brief it out to see where the city stands in this matter. Following some further discussion, Councilman Stasney moved to table the motion until the next regular meeting and ask the City Manager to give the Council a legal opinion as to the legality of incurring this debt. Councilman Walker seconded the motion. Ayes: Councilmen Stasney, Lander, Walker Mayor Walker Nays: Councilmen Kloesel and Cannon Abstained: Councilman McWilliams f1, 7 5046 ti Minutes, July 20, 1971 Report - Billy Angel _ . Self Service Stations - City Appeals Ruling Mr. Laughlin reported that the 15th Court of .Civil Appeals, in a judgement entered on July 14, 1971, affirmed the judgement of the trial court in the Billy B. Angel setf- service gasoline station case. In so doing, the Court of Civil Appeals agreed with the trial court's- findings that the City's ordinance prohibiting -self +service gasoline stations is void as being inconsistent with a- general law of the State. As a result of the Court's holding, the City will be unable to enforce its ordinance as to prevent additional self- service stations which comply with the State regulatory law. The City has two _. choices„ either appeal the decision of the Court. of Civil Appeals to the State Supreme Court, or abide by the ruling of the Court. In order to appeal, a motion for a rehearing must be filed in the Court of Civil Appeals on or before ,July 29, 1971,. however; this is a matter the Council must decide. Should the Council decide to appeal, the legal fees would be from $500 to $750. Councilman McWilliams moved to appeal the decision of the Court of Civil Appeals to the State Supreme Court. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon a:d McWilliams Mayor Walker Nays: None Retain Service Laughlin Appeal Case Councilman Kloesel moved to retain Mr. Laughlin to appeal the case. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Draft Ordinance Prohibiting Mobile Gasoline Stations In Baytown Councilman Kloesel moved to instruct the City Attorney to prepare an ordinance, for presentation at the next regular meeting, prohibiting mobile service stations in Baytown. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Stasney, Lander and Cannon Mayor Walker Nays: None Abstained: Councilman McWilliams Elect - Mayor Pro Tem - Councilman Cannon Two nominations were received for Mayor Pro Tem, Councilman Lander nominating Councilman Cannon and Councilman Walker nominating Councilman Kloesel. Mayor Walker then called for the vote on the two nominees and the results follow: Ted Kloesel: Walker, Kloesel, and Mayor Walker Allen Cannon: Lander, Stasney, McWilliams and Cannon Ferry Road - Dust Problem Councilman Kloesel requested the Administration to check out a dus problem which presently exists on Ferry Road, also, the possibility of widening the road. Minutes. Julv 20, 1971 5047 fi e. 6 Ordinance - Amending Electrical Code - Master Electricians Conduit All Commercial Buildings Acting City Attorney DeHart introduced and read an ordinance amending the city's electrical code requiring all Master Electricians applying for permits for the use of electrical contractors to be associated with the firm for whom he is applying and requiring conduit in all commercial buildings rather than in the present practice of requiring /8811" A construction of commercial buildings located within the City's fire zones. Councilman Kloesel moved to adopt the ordinance as read. 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 ordinance follows: ORDINANCE NO. 1108 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN; THE ELECTRICAL CODE CHAPTER 11, SECTION 11 -48 AND 11 -73, SUBSECTION 18 ADDING ADDITIONAL REQUIREMENTS FOR MASTER ELECTRICIANS TO OBTAIN PERMITS AND INCLUDING ALL COMMERCIAL BUILDINGS IN REQUIREMENTS SET FORTH IN SUBSECTION 18 OF SECTION 11 -48; REPEALING ORDINANCES INCONSISTENT HEREWITH. Municipal Court Committee - Procedure Appointing Municipal Judge Councilman Kloesel, Chairman of the Municipal Court Committee, proposed that the present Committee handle all applications for the Municipal Court Judge. interested applicants to file their application with the City Clerk during the next 30 -day period and at the end of the period the Committee interview the applicants and make a recommendation to the Council prior to September 1. Neel Richardson, the present Municipal Court Judge who has been hired to fill the vacancy of the City Atto??,�ey's position, stated that he felt there would be some conflict/tne same person should serve as City Attorney and Municipal Coutt Judge at the same time,in that by Charter and State Law the , City Attorney has the duty and obligation to prosecute all cases that are pending in the Court. He is presently trying to clear up some cases in his law practice before assuming the duties of the City Attorney. However, he will work with the Council in any manner it may choose. Councilman Stasney stated that he felt that the Council should act on the appointment of a municipal Judge at the first meeting in August. Councilman Kloesel then moved to authorize the municipal Court Committee to receive applicants for the position of Municipal Court Judge and bring a recommendation to the council within a 30 -day period. Councilman Cannon seconded the motion. He then moved to amend the motion to close the acceptance of applications two weeks from tonight or the first meeting in August, Councilman Lender seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None The Mayor then called for the vote on the original motion as amended following no further discussion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Nays: None Councilman Walker was appointed as the third member of the Municipal Court Committee to serve with Councilmen Kloesel and Cannon in the appraisal of applicants for the Municipal Court Judge position. fi e. 6 t 504$ Minutes, July 20, 1971 Councilman Kloesel stated that for clarification the applicant did not have to be a licensed attorney as had been previously stated in the newspaper. Councilman McWilliams was of the opinion that a prerequisite for the Municipal Court Judge is that he be a licensed attorney and moved to instruct the Committee to screen all applicants who are not licensed attorneys from this position. Councilman Lander seconded the motion. Following some further discussion, the Mayor called the vote and the results follow: Ayes: Councilman Lander and McWilliams Nays: Councilmen Kloesel, Walker, Stasney and Cannon Mayor Walker Wrecker Service Committee -- Councilman Lander Councilman Lander, Chairman of the Wrecker Administrative asked the Council to defer action on the proposed revisions to the Wrecker Ordinance after he learned that one of the proposed revisions was in conflict with the wrecker operator's need. Rtasney - Named Baytown's Representative Houston - Galveston Executive Committee Councilman Kloesel moved to name Councilman Stasney as Baytown's representative on the Houston - Galveston Area Council Executive Committee. Councilman Cannon seconded the motion. The vote follows: Ayes: councilmen Walker, Kloesel, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Study Bicycle Lanes Throughout City I Councilman Kloesel asked the Administration to give some study and be prepared to make some recommendations for the designation of bicycle lanes by the latter part of August, for the safety of bicycle riders across Baytown. The Parks Director is looking at lanes for recreational purposes but some thought should be given to the educational aspect since the new regulations require bicycles to be operated as near the right side of the read as possible. Appointments to Planning Commission Approved Councilman McWilliams moved to approve the recommendation of Mayor Walker and reappoint Richard Park, Righard King, Mack Holland and Alton Laird to the Planning Commission for another term and Wayne Hanson and Robert Frysinger to fill the two vacancies created by the adoption of a recent ordinance increasing the Planning Commission by two. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None -Advertise Bids - Contract No. 1 Water Mains Councilman waIX*r- -coved to instruct A. J. Busch, Consulting Engineer to advertise for bids to be received August 10 on water main extensions from the northwest to south and southeast section of the city and included in the bond program. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Kloesel ,Walker,Lander,Stasney,Cannon & McWilliams Mayor Walker Nays: None Adjourn There being no further bus -ness to come before the Council, Councilman Kloesel moved and Councilman Cannon seconded that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourne Edna Oliver, City. Clerx C. Glen Walker, Mayor _ R+