Loading...
1971 09 07 CC Minutes5073 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 7, 1971 The City Council of the City of Baytown, Texas met in regular session on Tuesday, September 7, 1971 at 6 :30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted Kloesel C. 0. Walker Jody Lander Leonard Stasney Allen Cannon Jim McWilliams Councilman Councilman Councilman Councilman Councilman Councilman C. Glen Walker Mayor D. R. Voelkel City Manager Howard Northcutt Adm. Assistant Neel Richardson City Attorney Edna Oliver City Clerk The Mayor called the meeting to order and the Invocation was offered by The Reverend Stephen Heather, Wooster Baptist Church. He then called for the minutes of the August 3, 9, 17, 30, 31 and September2. Councilman Stasney corrected minutes of August 17 Exception Off Street Parking New Church. Councilman Stasney stated that exceptions can be made, etc. Councilman Kloesel then moved to approve the minutes as amended including August 9 through September 2. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Consider Bank Depository Bid Proposals The bank depository bids for the two ensuing years were received and tabulated as follows: First National Bank I. A. Rate of interest on single maturity time 1. Maturity 30 -89 days 2. Maturity 90 -179 days 3. Maturity 180 days or more, but less than one year 4. Maturity One year or more deposits of $100,000 or more: 5.49 % per annum 5.49 % per annum 5.49 % per annum 5.49 % per annum B. Rate of interest on single maturity time deposits of less than $100,000: 1. Maturity 30 days, but less than one year 5 % per annum 2. Maturity One year, but less than 2 years 5.49 % per annum Stated rates will not be affected by any adjustments in the maximum rates of interest permitted by regulatory authority. Note: Stated rates may be varied during the terms of the contract being subject to the fluctuations that may occur with the prime rate. S69 II. Interest on Loans: 1. Interest rate to be paid by City on temporary overdrafts up to $100,000 where City does'not have compensating balance in other demand accounts: New York Prime rate at time of Overdraft 2. Interest rate to be paid by City on current loans to a maximum of $500,000 to be repaid in current fiscal year: New York Prime at inception of note Note: Stated rates may be varied during the terms of the contract being subject to the fluctuations that may occur with the prime rate. S69 5074 Minutes, September 7, 1971 Peoples State Bank I. A. Rate of interest on single maturity time deposits of $100,000 or more: I. Maturity 30 -89 days 1.10 % per annum greater than the published average auction rate for 90 day U. S. Treasury Bills at the last such sale preceding the date on which the deposit is made with interest to be compounded continuously on a 360 day basis; provided, however, that the interest rates to be paid will not exceed the maximum interest rate which may be paid in accordance with Federal Deposit Insurance Corporation. 2. Maturity 90 -170 days 1.25 % per annum, 3. Maturity 180 days or more, 7 but less than one year 1.50 % per annum, etc 4. Maturity One year or more 2.00 % per annum,etc B. Rate of interest on single maturity time deposits of less than $100,000: 1. Maturity 30 days, but less Same as items IA1, IA2, than one year and IA 3, above, etc 2. Maturity One year, but less than two years Same as item IA4 above etc Note: Stated rates will be affected by any adjustments in the maximum rates of interest permitted by regulatory authority. II. Interest on Loans: 1. Interest rate to be paid by City on temporary overdrafts up to $100,000 -0- $ 2. Interest to be paid by City on current loans maximum of $500,000 (repaid in current fiscal year) -0- Note: Stated rates nay not be varied during the term of contract. im Citizens National Bank & Trust Company 1. A. Rate of interest on single maturity time deposits of $100,000 1. Maturity 30 -89 days 6.15 % per annum 2. Maturity 90 -179 days 6.15-% per annum 3. Maturity 180 days or more, but less than one year 6.15 % per annum -- 4. Maturity One year or more 6.15-% per annum B. Rate of interest on single maturity time deposits of less than $100,000 1. Maturity 30 days, but less than one year 5.00 % per annym 2. Maturity One year, but less than two years 511 % per annum Note: Stated rates will not be affected by any adjustments in the maximum rates of interest permitted by regulatory authority. II. Interest on loans 1. Temporary overdrafts up to $100,000 -0- 2. Current loans to a maximum of $500,000 to be repaid in current fiscal year -0- % Note: Stated rates may not be varied during the term of the contract. Since two bids were firm and one bid provided fluctuating interest rates, the Council's decision would be based on which rate would appear to be better. Rep- resentatives from Peoples State and Citizens National were--present and each firm submitted additional information supporting its respective bid. At the request of the Council, City Manager Voelkel also submitted a depository schedule on bond funds now on deposit with the First National Bank, the City's present depository. It was pointed out, however, that these were short term deposits extending through. -the present contract period only. During the discussion which followed, Councilmen Lander and Stasney suggested seeking the advice of the City's I i (� Minutes, September 7, 1971 5075 financial advisor, Tom Masterson, before awarding the bids as there were merits on both bids. This would take some time and Councilman Stasney proposed postponing this item, call a special council meeting for Thursday, September 9 at 6:30. In the meantime, attempt to secure as much professional advice as possible on projected expenditures under the bond program. Others felt that the bond advisor would not make a firm recommendation for acceptance. Following other discussion, Councilman Stasney moved to table this item until 6:30 p.m., Thursday, September 9. Councilman Walker seconded the motion. The vote follows: Ayes: Councilman Stasney and Walker Nays: Councilmen Kloesel, Lander ,McWilliams and Cannon Mayor Walker Councilman Lander then moved to defer the item until Thursday afternoon; in the meantime consult with the fiscal agent to get his advice, if any advice_. Councilman Stasney seconded the motion. Councilman McWilliams moved to table the motion. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel and McWilliams Nays: Councilmen Lander, Stasney, Walker and Cannon Mayor Walker Director of Finance LeFever gave an oral report on a comparative projection which he had prepared based on the interest shown in each bid, afterwhich, Mayor Walker called for the vote on the motion to defer. The results follows: Ayes: Councilmen Lander, Stasney, Walker and Cannon Mayor Walker Nays: Councilmen Kloesel and McWilliams ** Item reconsidered later in meeting. Consider Ordinance - First Reading Annexation of Acreage North Cedar Bayou Lynchburg Road City Attorney Neel Richardson introduced and read, on first reading an ordinance annexing the 55 acre tract of land owned by the City of Baytown in the G.C. & S. F. RR Survey. Councilman McWilliams moved to refer this ordinance until the next regular meeting of the Council. Councilman Cannon seconded the motion to get the discussion on the floor. City Attorney Richardson reviewed the steps regulating annexation proceedings for the benefit of those attending the meeting, afterwhich, Councilman McWilliams expressed his concern over the apparent lack of communication between the Committee which was appointed at the time of the public hearing on the proposed annexation and the residents of the area who expressed a willingness to work with the Committee in an attempt to find a site suitable for a landfill site. He felt that they should have an opportunity to try and find a site prior to the next meeting of the Council. Mr Harman submitted petitions requesting the Council not to annex the parcel of land becuase it is not wanted by the community, or residents of Kenwood Estates for purposed df a landfill site. Following some further disucssion, the vote was taken on the motion to postpone and the vote follows: Ayes: Councilmen McWilliams and Stasney Nays: Councilmen Lander, Kloesel, Walker and Cannon Mayor Walker Councilman Lander then moved to adopt the annexation ordinance on first reading. Councilman Walker sedonded the motion. Councilman McWilliams asked for answers to three questions presented by residents of the Cody Community at the public hearing, namely: (1) Would landfill site pollute Goose Creek stream more than now polluted; (2) would it pollute water supply in Cody; and (3) question of depth of water level in the area. When informed that no answers were available at this time, he proposed deferment until the answers were made available. the vote was then taken on the motion to adopt ordinance on first reading. The results follows: Ayes: Conncilmen Kloesel, Lander, Walker, and Cannon Mayor Walker Nays: Councilmen Stasney and MCWilliams 9 5076 Minutes, September 7, 1971 The caption of the ordinance follows: ORDINANCE NO. 1120 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Mayor Walker stated that a public hearing would be held for any determined use of the land should there be a second reading prior to the 90 day period. If nothing happens within 90 days, the matter is dropped completely. He reactivated the Committee appointed at the time of the public hearing with Councilman Kloesel as Chairman, Councilmen Stasney, Walker, and McWilliams, who will work with the Cody Community Committee in an attempt to find an alternate site for a sanitary landfill. = Vhe Administration was also instructed to come up with answers to the three (3) questions posed by the residents of Cody at the public hearing and reintroduced by Councilman McWilliams. Ordinance _Abandoning Ground Easement Wilburn Brothers Subdivision City Attorney Richardson introduced and read an ordinance abandoning an easement which was dedicated to the City at the time Wilburn Brothers Subdivision was developed. It was to provide utilities to Lot 21, Block 2 of the subdividion but the property is now owned by one person. The lots can be served from any point on the side street and the owner wants to enlarge the building located on the site; this would extend over the easement. Following some discussion, Councilman Cannon moved to adopt the ordinance as read. councilman Stasney 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. 1121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, ABANDONING THE 12' GROUND EASEMENT ALONG THE REAR OF LOT 20 AND THE 12' BY 5' GROUND EASEMENT ALONG A PORTION OF THE REAR OF LOT 21, BLOCK 1, OF WILBURN BROTHERS SUBDIVISION, SECTION 2, AS RECORDED IN VOLUME 36 AT PAGE 73 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SUCH INSTRUMENTS AS ARE NECESSARY FOR SUCH ABANDONMENT, IF ANY, AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Request - James Irons Exception in Fire Zone The @ouncil considered the request of James Irons for an exception in the City's Fire Zone to permit him to locate a house trailer on Lot 2, Block 6 of Jones Addition. He had originallyk purchased the lot as a business location but made other investments which required him to defer construction of the building. He moved a house trailer on the lot not knowing it was within the fire zone. It is 30 -feet from the left side facing West Main and 45 -feet from John's Trim Shop and needed an exception to be made in order to have the City make the necessary water and sewer taps to service the house trailer. The fire zone extends 100 feet back from West Main, the entire length of the lot in question. He was told that the Fire Chief has been asked to submit recommendations for modification of the present fire zone, but the report will not be ready for approximately 60 days. Following some further dissussion, the Administration was asked to look into the particular situation and see if a possible compromise solution can be worked out. The Administration will present its recommendation at the Thursday night budget workshop. 5077 Minutes, September 7, 1971 Ordinance - Authorizing Contract - Otis Graham Appraisal Services, Bond Program Councilman Stasney moved to adopt an ordinance authorizing the Mayor to enter into a contract with Otis Graham, Realtor, for appraisal services concerning right -of -way acquisitions incident to the construction of permanent street improvements in the 1970 Bond Program. Councilman Lander seconded the motion. Following discussion proposing the sue of other appraisers in connection with ' the bond program rather than one, the vote was taken. The results follow: Il Ayes: Councilmen Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: Councilmen Kloesel and Walker The caption of the ordinance follows:' ORDINANCE NO. 1122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH OTIS GRAHAM, REALTOR, FOR APPRAISAL SERVICES FOR USE IN ACQUISITION OF RIGHTS -OF- WAY INCIDENT TO CONSTRUCTION OF PERMANENT STREET IMPROVEMENTS UNDER THE 1970 BOND PROGRAM CONSISTENT WITH THE TERMS, RATES AND FEES SET OUT IN THE PROPOSAL OF OTIS GRAHAM, REALTOR, DATED JULY 27, 1971; AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY CONSISTENT WITH THE TERMS AND FOR THE AMOUNTS AND RATES SET OUT IN SAID PROPOSAL ANM.PROVIDING FOR AN EFFECTIVE DATE HEREOF. Resolution - Expressing Gratitude H. O. & R. C. - Park Site -Busch Terrace Subdivision Councilman Walker moved to adopt resolution expressing gratitude to Humble Oil & Refing Company for the donation of a park site in Busch Terrace Addition, and to employees of Humble and Enjay Chemical Company for donation of their time, and efforts in the construction and installation of playground equipment can the park site. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None RESOLUTION NO. 347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN EXPRESSING ITS DEEP GRATITUDE AND SINCERE APPRECIATION TO HUMBLE OIL & REFINING COMPANY FOR THE GIFT TO THE CITY OF LAND TO BE SUED AS A PARK SITE AND FOR THE GIFT OF MATERIALS FOR THE CONSTRUCTION OF PLAYGROUND EQUIPMENT; RECOGNIZING AND THANKING THE EMPLOYEES OF HUMBLE OIL & REFINING COMPANY AND ENJAY CHEMICAL COMPANY, BAYTOWN PLANTS, FOR THE DONATION OF THEIR TIME AND EFFORTS IN THE CONSTRUCTION AND INSTALLATION OF PLAYGROUND EQUIPMENT ON THE ABOVE MENTIONED PARK SITE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION AND DIRECTING THE CITY MANAGER TO FORWARD CERTIFIED COPIES OF SAME TO HUMBLE OIL & REFINING COMPANY, THE EMPLOYEES OF HUMBLE OIL & REFINING COMPANY AND ENJAY CHEMICAL COMPANY. Consider Ordinance - Acceptance Sewer Improvement Bowie Drive -Busch Terrace - A�prove Payment Councilman Stasney moved to table action on an ordinance accepting the sanitary sewer improvements made by Bayshore Constructors on Bowie Drive and Meyers Street in Busch Terrace Addition until repairs are made to restore both Bowie Drive and Mygrs Street to their original condition. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None 969 5078 Minutes, September 7, 1971 Appoint Henry Armstrong - Parks and Recreation Councilman Kloesel moved to accept the recommendation of Mayor Walker and reappoint Henry Armstrong to the Parks and Recreation Board for a second term. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon & McWi]Liams Mayor Walker Nays: None Action upon a second appointment was deferred until the next regular meeting of the Council. "Reconsider Bank Depository Bids At this point the Council interrupted the order of the agenda to al&ow the City's fiscal agent, Tom Matterson, to submit his recommendation relative to the depository bids because he would be unable to attend the Thursday night meeting. Councilman Kloesel moved to reconsider Item No. 2 Bank Depository Bids. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Landers, Stasney, Cannon and McWilliams Mayor Walker Nays/ None Before Mr. Masterson spike, A. J. Busch, Jr., consulting engineer, submitted an oral report on the projected expenditures for capital improvements under the bond program. After receiving the report, Mr. Masterson stated that he had no feeling on the projected expenditures, but offered comments on the depository bids. As a result of President Nixon's message on August 15, he felt lower interest rates would be seen for a period of time, probably in the 41j to 4 5/8 range. On this basis, the fixed rate of 6.15% would be better on deposits of less than one year and not as good on the over one year investments, however, he pointed out that :he had not had time to make a complete analysis. If wage and Price control continues, he did not expect interest rates to return to thehigher levels, this was used by the Administration to control the economy. Following a lengthly discussion, Councilman Kloesel moved to award the depository contract to Peoples State Bank. Councilman Walker seconded the motion. John C. Echols of Citizens National then asked to make other comments following which Councilman McWilliams moved to table the motion. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen McWilliams and Lander Nays Councilmen Kloesel, Walker, Stasney, Cannon Mayor Walker Upon hearing other comments, Councilman Walker withdrew his second to the motion of Councilman Kloesel, Councilman Stasney then seconded the original motion. The vote follows: Ayes: Councilmen Kloesel and Stasney Nays: Councilmen Walker, Lander, Cannon and McWilliams Mayor Walker Councilman Cannon then moved that the depository contract be awarded to Citizens National Bank & Trust Company. Councilman McWilliams seconded the motion. The vote follows: Ayes: councilmen Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: Councilman Kloesel Councilman Cannon then moved that the City request Citizens National Bank & Trust Company to compound the interest daily-Councilman McWilliams seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, Stasney,Cannon& McWilli& Mayor Walker Nays: None �11(i7 Minutes, September 7, 1971 5079 259 George Simon`- AuXiliary Police schooling 'Resolution of Support After hearing a plea from George Simon relative to Auxiliary Police Schooling, Councilman Kloesel moved to adopt a resolution supporting the attempts of Lee College to get a certi- fication program for the Police Department, both regular and auxiliary. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Councilman Kloesel made a motion that the City Louncil continue the concept of using the Police Reserve in useful missions to augment the regular Police force. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Kloesel, Lander, Stasney, Cannon & McWilliams , Mayor Walker Nays: None "Reconsider Request Citizens National Bank - Interest Calaulations Councilman Cannon moved to reconsider the request of Citizens National Bank & Trust Company on the method of interest calculations. Councilman Kloesel seconded the motion. Th. vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams, Mayor Walker Nays: None Councilman Cannon moved to request Citizens National Bank & Trust Company to compound interest continually on the City's depository contract. Councilman Walker seconded the motion. The vote follows: Ayes: Councilman Kloesel, Walker, Lander, Stasney, Cannon and McWilliams, Mayor Walker Nays: None Status Report Bond Program Projects A. J. Busch, Jr. consluting engineer, gave a report on thestatus of the bond program Projects which included water, streets, parks, police building, public works complex, and fire station. He asked for authorization to complete Phase I of the water works. Councilman Kloesel moved to authorize the firm to proceed with preparation of plans and spedifications for the remaining distribution mains, water well, elevated storage and central control system under Phase I. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays:,, None Ivan Langford, an associate of A.J. Busch, gave a report on the status of the sewage projects, including connector mains, treatment plants, etc. In the discussion following, Councilman McWilliam suggested that the Council may want to retain permanent operations at the Craigmont Plant by enlarging the facilities rather than installing interceptor mains from this point to the West Main Plant and then phasing the Craigmont Plant out as first planned. - Accept Petitions - Opposing annexation of 55 acre Tract Councilman McWilliams moved to officially receive the petitions presented by Mr. Harman requesting the Council not to annex the parcel of land known as KENWOOD ESTATES for the purpose of a landfill site. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Adjourn There being no further business to bring before the Council, the motion was made by Councilman Kloesel and seconded by Councilman Walker that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. C. GLEN WALKER, Mayor ATTEST: �WN -LlJ ��'INU {N EDNA OLIVER, City Clerk 5079•�(�a. Status Report Bond Program Projects A. J. Busch, Jr., consulting engineer, gave a report on the status of the bond program projects which included water, streets, parks, police building, public works complex and fire station. He asked for authorization to complete Phase I of the waterworks. councilman Kloesel moved to authorize the firm to proceed with preparation of plans and specifications for the remaining distribution mains, water well, elevated storage and central control system under Phase I. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Ivan Langibrd, an associate of A. J. Busch, gave a report on the status of the sewage projects including connector mains, treatment plants, etc. In the discussion following, Councilman McWilliams suggested that the Council may want to retain permanent operations at the Craigmont Treatment Plant by enlarging the facilities rather than installing interceptor mains from this point to the West Main Plant and then phasing the Craigmont Plant out as first planned. Accept Petitions - Opposing Annexation of 55 acre Tract Councilman McWilliams moved to officially receive the petitions presented by Mr. Harman requesting the Council not to annex She parcel of land known as KENWOOD ESTATES for the purpose of a landfill site. Councilman Kloesel seconded the motion. The vote.follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Adjourn There being no further business to bring before the Council, the motion was made by Councilman Kloesel and seconded by Councilman Walker that the meeting j adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. % /�� �.! i ATTEST. �2 EDNA OLIVER, City Clerk ^t(