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1971 11 16 CC Minutes=51.14 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 16, 1971 The City Council of the City of Baytown, Texas, met in regular session on Thursday, November 16, 1971, at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted Kloesel Charley Walker Jody Lander Leonard Stasney Allen Cannon Jim McWilliams Councilman Councilman Councilman Councilman Councilman Councilman C. Glen Walker Mayor D. R. Voelkel City Manager Neel Richardson City Attorney Edna Oliver City Clerk The Mayor called the meeting to order and the Invocation was offered by D. C. McCarley, Minister of Cedar Bayou Church of Christ. Mayor Walker then called for the minutes of the regular meeting of November 2, 1971. With one change in the identification of a road, Councilman Lander moved to approve the minutes as submitted in written form. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Recognize Troup 940 - Junior Girl Scouts Among the visitors attending the meeting, Mayor Walker recognized Scout Leader and members of Troup 940 - Junior Girl Scouts, and extended an invitation for their attendance at any and all meetings of the Council. Consider - Awarding Contract Arterial Water Mains - Phase II - Capital Improvement - Program Bids were received on the arterial watermain project, Phase II of the Capital Improvements Program. They are tabulated as follows: Corrected Total Bidder Working Days Bid Sheet Total If Applicable Baytown Utility 100 $ 96,913.00 - -- Bayshore Constructors 120 100,670.85 $ 92,651.85 General Main. Co 160 109,019.53 118,091.53 Gene Hazelwood 160 112,274.50 112,496.58 S & C Construction, Inc. 180 114,022.50 115,022.50 Mar -ben, Inc. 120 127,728.60 - -- I.O.I. Systems 90 135,431.12 141,106.20 The errors found in five of the seven bids were the result of an incorrect extension of the unit prices or an incorrect total. The most significant error resulted in making Bayshore Constructors low bidder for this project. The firm's representative was contacted and written confirmation was received stating that the Company is ready to start on the project at a contract price of $92,651.85. It was the recommendation of Mr. Hutchinson, Vice - President of Baytown Engineering Company, that the contract be awarded to Bayshore Constructors based on their low bid and the qualifications of their Superintendents. Councilman Stasney asked if this was•the' firm that installed-the sewer line along Bowie Drive and, after receiving an affirmative reply, suggested that the awarding of the bid be deferred until the Council gets some indication as to the correction of the problems along that particular street up to its original state, and wondered if this was the type of work which will be done on other contracts. If this is the case he would be reluctant to make an award without some assurance that projects will be carried until their satisfactory completion. City Manager Voelkel stated that he had talked with L q 71 'i I } Minutes, November 16, 1971 S a representative of the firm about other matters and each time he mentioned the completion of Bowie School Drive. The representative did relate that it was the intention of the firm to properly complete the job, but he did not know the reason for the delay. Cecil Bobbitt, a member of the firm, stated that he did not know the reason for the delay, but if there is a question and the firm does have the responsibility, the company will discharge it... it is not a case of inability to get to the job because of the present work load. Councilman Kloesel suggested deferring action until the matter is resolved. Councilman Stasney moved to table this item until the next meeting. Counclman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker and Stasney Nays: Councilmen Cannon and McWilliams Mayor Walker Abstained: Councilman Lander A.J. Busch, Consulting Engineer for the City, asked the Council to permit the bid securities to be returned to the bidders with the exception of the three (3) low bidders. Councilman Walker moved that the high bidders securities be returned. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Walker, Stasney, Lander, Cannon and McWilliams Mayor Walker Nays: Councilman Kloesel Councilman Kloesel then moved that the Council defer action upon the matter until the next meeting. Councilman Stasney seconded the motion. Councilman McWilliams stated that he would like a run -down on all work done for the city by the three low bidders. Concern was expressed by others because of the delay, including Councilman McWilliams. Following other relating discussion by all Councilmen and the City Manager the Mayor called for the vote on the motion to postpone. The results follow: Ayes: CouncilmenCannon_, Stasney, Kloesel Nays: Councilmen Walker, Lander and McWilliams Mayor Walker Councilman McWilliams then moved to adopt an ordinance accepting the bid of Bayshore Constructors for the construction of the arterial water main project and authorizing the indebtedness by the City in the amount of $92,651.85. Councilman Wlker seconded the motion. The vote follows: Ayes: Councilmen Walker, Lander, Cannon and McWilliams Mayor Walker Nays: Councilmen Kloesel and Stasney the Caption of the ordinance follows: ORDINANCE 1138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYSHORE CONSTRUCTORS FOR THE CONSTRUCTION OF THE ARTERIAL WATER MAIN PROJECT, JOB NO. 71 -513, AS PART OF THE CAPITAL IMPROVEMENTS PROGRAM, AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF NINETY -TWO THOUSAND SIX HUNDRED FIFTY -ONE AND 85 /100 ($92,651.85) DOLLARS WITH REGARD TO SUCH AGREEMENT. Defer Action - Ordinance Revising Fee Schedule for Plats Submitted to Planning Commission The Council deferred consideration of an ordinance revising the fee schedule on plats submitted to the Planning Commission because a representative of the Planning Commission, Chairman Richard King, had notified the City Manager that he would be unable to attend because of an unexpected interference. Too, Mr. Voelkel told the Council that he had received a request from the Home Builders Association that the matter not be considered until the Association has had an opportunity to evaluate the proposal. The ordinance will be considered at the next regular meeting of the Council. '516 Minutes, November 16, 1971 Consideration Engineering Firm - Joint Drainage Study Harris County Flood Control- city_ The Council reviewed the completion dates set forth in the proposals received from three consulting firms on the proposed comprehensive drainage study for the Harris County Flood Control District and the City of Baytown. Mr. Arthur Story of Bernard Johnson, Inc. was present to answer any question the Council -may have to offer for clarification during the course of the discussion. From the discussion it was apparent that the Council was ready to enter into an agreement for the study with terms of an agreement being negotiated to meet the needs of both parties involved. Councilman Kloesel moved to proceed with a joint venture with the County for a comprehensive drainage study, and begin negotiating terms of an agreement with Bernard Johnson, Inc. for the drainage study. Councilman Cannon seconded the motion. Councilman McWilliams asked guidance from the Administration as he was unable to attend the meetings when two of the firms presented their proposals and he heard the proposal of Bernard Johnson, Inc. only. Mr. Vdelkel stated that he felt all three firms were equally qualified as each firm submitted a proposal indicating they can complete the work. The only significant difference was the time element; otherwise, relatively equal. The Council was reluctant to stipulate the 180 days, as set forth in the proposal of Lockwood, Andrews and Newman, Inc., as no one knew the scope of the project and the Administration will have to depend upon County personnel to assist in negotiating the terms of the contract. Following other discussion, Mayor Walker called for the vote on the motion. The results follow: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Canon and McWilliams Mayor Walker_ Nays: None Consider - City Employees Retirement Plan J.B. LeFevre, Director of Finance, reviewed a report and recommendation on an indepth study which had been assigned to him and Micky Coe by the City Manager for expanding the City Employees Retirement Plan through the Texas Municipal Retirement System and the various commercial managed plans. As a result of the study he and Mr. Coe concluded that the employees could expect a better return on their investment with a modern commercial management company, but other factors must be considered. TMRS wa ss created by state statute and is operated in accordance with such statute; therefore, since the City became a member and agrees to participate with employees in this system, it cannot withdraw its membership or any funds previously submitted to the system. It can, however, discontinue the addition of new employees as members. Because of the complexity of the problem, the Committee proposed to establish two separate systems and submitted the fo118wing recommendations: A. That we continue membership of all employees presently enrolled in TMRS system with the same contribution of 5% fo the first $500 per montli, with the City adopting the amendments to contribute on a two for one matching basis in all four categories outlined by TMRS. B. That we provide the same type plan with a commercial firm to manage a separate fund for all employees contributing 5% of their earnings in excess of $500 per month, and the city matching these funds on the same basis as Item A; C. All employees, after one year's service, be permitted to become members of the commercial plan on full salary regardless of their age at time of employment; D. That the funds($51,000.00) provided in the 1970 -71 budget, but not used, be re- appropriated if needed to finance the above proposals. The total funds budgeted for the City's cost in the 1971 -72 fiscal year is $140,819.00; plus the funds budgeted 1970 -71 year and reverted to surplus of $51,000.00 making a total of $191,919.00. These proposals have been presented to the staff members and they have beery requested to take them back'to the employees for a feedback on their preference. The Committee is unable to proceed without guidelines from the Council and City employees. Should the Council agree with the concept, as proposed by the Committee, Mr. LeFevre stated that speci- fications would be drawn and TMRS and the commercial entities would be asked to 7 7 ........................... - .I ................. Minutes, November 16, 1971 5117 submit proposals. Each entity would be given a current salary scale so all could intelligently furnish an outline of beneifts. It was pointed out that during budget study the Council approved the concept of the proposal submitted by TMRS including categories 1 thru 3 which provided 2 for 1 future service, 2 for 1 antecedent service and special prior service and amitting vesting. The proposal submitted by the Committee included vesting which increased the cost by .06 percent. Councilman Kloesel moved that the Council approve this concept and authorize Messrs. LeFevre and Coe to prepare specifications and come back with proposals which the Council can compare; this to be done concurrently while getting a feed back from the city employees. Since the Council had approved the TMRS concept, excluding vesting, during the budget study, it was pointed out that some clarification is needed, whether to continue on the basis adopted in the budget or take action on the proposal submitted by the Committee. Councilman McWilliams suggested that the commercial proposal should be limited to two (2) per cent and they sould be submitted to a committee of city employees for .study. Councilman Kloesel. then moved to approve the concept that has been presented by the Director of Finance and Tax Assessor, and that this group go out for proposals and bring back to Council for consideration. Councilman McWilliams seconded the motion. Councilman Stasney then moved that the motion be amended that the participation in TMRS portion be limited to that which was discussed in the budget sessions and that the total funds be limited to that provided in the 1971 -72 budget. Councilman Walker seconded the motion. A lengthy discussion followed relating to vesting, afterwhich, the mayor called for a vote on the amendment. The results follow: Ayes: Councilmen Walker, Lander, Stasney and Cannon Mayor Walker Nays: Councilmen Kloesel and McWilliams Mayor Walker then called for the vote on the original motion as amended. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None For an orderly feed back, Councilman Kloesel proposed that this be received from a seven (7) man committee of employees composed of LeFevre, Coe,a representative from the Police Department, a representative from the Fire Department, a representative from the Inspection Department and two (2) representatives from the Public Works. The employees from each department be allowed to select their own representative under the supervision of the City Administration. After some discussion, Councilman McWilliams moved to authorize the employees representatives to select the program they prefer relating Lo retirement and insurance. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Additional Holiday Designated - Christmas Eve for 1971 Councilman Stasney moved to revise the vacation - holiday schedule to include Christmas Eve as a City Holiday for 1971. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Pay Increase Guidelines - Phase II Mr. Voelkel, reporting on ending of the wage -price freeze in relation to budgeted pay increases for city employees, stated that Phase II guidelines must come from the Internal Revenue Service through the Regional Office at Dallas. A plan has been submitted for approval, which will be retroactive to the end of the freeze on November 13th. The increase, if permitted, will be included in the checks issued for the lastpay period of November. 5118 Minutes, November 16, 1971 Bids - Fire Equipment - Hose Dryer Three bids were received for a hose dryer for use in the Fire Department. They are tabulated as follows: Houston Fire & Safety Equipment Company $1,155.00 Arthur Dooley & Son $1,155.00 Claude Wright, Jr. $1,114.00 It was the recommendation of the Administration that the low bid be accepted. Councilman Walker moved to accept the recommendation of the City Manager and award the contract to the low bidder. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Bids - Painting Interior of Community Building Two bids were received for painting the interior of the Community Building. The low bid was submitted by Norville H. Phillips, and the Administration recommended its acceptance. Councilman Stasney moved to accept the low bid. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Consider Franchise Ordinance - Southwest Video Corporation Copies of an ordinance granting to Southwest Video Corporation, Inc., a non- exclusive franchise for a term of twelve years to operate CATV system in Baytown, were distributed to the Councilmen for their persual. It was proposed that action be deferred on the ordinance to allow-each councilman time to read the ordinance and the Corporation, stressed the need to have the ordinance approved, if possible, because of the holiday season and after reaching a decision to review the ordinance a procedure was established beginning with Section 1. City Attorney Richardson stated that he has a question in his mind relating to the adoption of the ordinance on first reading but it was the decision of the Council. The Attorney General has declared that the CATV Systems are not public utilities, therefore, the ordinance does not have to be read at three separate regular mettings, and shall not be finally effective until after 60 days after its final passage. However, FCC is about to declare the CATV Systems are public utilities and some precedent has been set by a prior Council when a franchise was granted to Baytown Community Television, Inc., by the long process. The Council proposed to follow the fules as they exist today. Councilman McWilliams then raised the question on whether or not there are rules setting a limit on the percentage in gross receipts paid to the City under a franchise, because in some instances a greater percent is paid than set forth in this franchise ordinance. Mr. Edwards stated that ti is now 3% and it places the burded on the City to prove that money is needed for regulatory purposes in regard to CATV within the community. Much discussion is needed for regulatory purposes in regard to CATV within the community. Much discussion was given to this point in question, afterwhich, Councilman McWilliams moved to table the matter until the next regular council meeting. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, and McWilliams Mayor Walker Nays: Councilmen Kloesel, Lander, Stasney and Cannon The Council then reviewed the ordinance by sections, and questions were offered from time to time for clarity. City Attorney Richardson pointed out, while reviewing Section II, that Southwest Video will enter into an agreement with the City regarding the use of poles. This will be in addition to any contract they may have with General Telephone. In Section 9, Councilman Cannon pointed out that the insurance was increased at the request of the Committee. In reviewing Section II, Councilman McWilliams stated that in the interest of Minutes, November 16, 1971 5119 enforcing this contract and the regularization of the contract that the City of Baytown should get the maximum they are allowed to get and moved that a minimum of four (4B) percent be set on the annual gross receipts by this franchise. This was declared dead for lack of a second. In section 22, the Council deleted the provisions for the three readings. Upon completion of the review, Councilman Cannon moved to adopt the ordinance as written, exclusive of the three (3) separate readings. Councilmen Kloesel seconded the motion. The vote follows: Ayes: Councilmen Walker, Kloesel, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays= None The caption of the ordinance follows: ORDINANCE NO. 1137 AN ORDINANCE GRANTING TO SOUTHWEST VIDEO CORPORATION, INC., THE RIGHT PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF BAYTOWN, TEXAS, A CABLE SIGNAL DISTRIBUTION SYSTEM AND BUSINESS FOR THE PURPOSE OF OPERATING A RADIO AND TELEVISION SIGNAL SYSTEM TO RECEIVE, AMPLIFY AND DISTRIBUTE TELEVISION AND RADIO SIGNALS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, RAPAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES AND ALLEYS OF THE CITY OF BAYTOWN A SYSTEM OF POLE LINES, POLES, FACILITIES AND APPURTENANCES NECESSARY FOR RECEIVING, ORIGINATING, RELAYING AND DISTRIBUTING AUDIO AND VIDEO SIGNALS AND AUDIO AND TELEVISION ENERGY TO SUBSCRIBERS LOCATED IN AND ABOUT THE CITY OF BAYTOWN, TEXAS, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREINAFTER BE EXTENDED PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF THE SYSTEM INSOFAR AS IT AFFECTS THE USE OF PUBLIC PROPERTY FOR THE PURPOSE OF SUCH SYSTEM, PRESCRIBING RULES AND REGULATIONS GENERALLY FOR THE OPERATION OF SUCH SYSTEM UNDER THIS FRANCHISE; AND PROVIDING FOR THE ACCEPTANCE OF THIS FRANCHISE BY THE COMPANY. Interim Report - Request East -West Thoroughfare City Manager Voelkel gave an interim report indicating the complication involved in the assignment to submit a firm and responsible solution to the east -west thorough- fare problem. Some of the information was an excerpt from the thoroughfare plan which is part of the comprehensive plan of the city. He submitted two sheets with traffic counts north and south, east and west and graphs showing the circulation in the area based on average count of volume per day. Reproductions of the 1965 thoroughfare plan revealed that Ward Road was brought to North Main but did not continue across, there was no major thoroughfare shown north of Lobit up to the proposed Loop 201. Mr Voelkel stated that should the plan be re- studied, it was apparent that revisions would be recommended because of the growth. To come up with an east -west thoroughfare, he recommended, resolving the problem of where the traffic is moving from and its proposed destination. Six (6) alternate routes were suggested: (1) Texas Avenue (2) Lobit Street (3) James Street (4) Extension of Ward Road to Decker Diive (5) Park Street with an "S" curve to Cedar Bayou and .(6) Morrell Street to Garth. The increased volume of traffic may require more than one thoroughfare. He concluded by stating that it will take technical and professional assistance to update the plan in cooperation 'with the staff members of the City - this will require 1� to 2 months to prepare an educated proposal for a primary and secondary thoroughfare. Unfinished Business - Hiring of Personnel Director During the budget study, the Council discussed theneed for a Personnel Director. The matter was postponed but it was agreed, if one is hired, that money would be taken from the contingency fund. Mr. Voelkel reported that he had now located the person he would like to hire with the Council's concurrence, a Mr. Victor Snell, who has had extensive experience in the personnel field. Mr. Voelkel recommended an annual salary of $13,000 with $100 per month car allowance. Councilman Stasney moved to approve the City Manager appointment and authorized the City Attorney to prepare an ordinance transferring funds from contingency frond to cover the proposed annual salary and monthly car allowance. Councilman Cannon seconded the motion. Councilman Kloesel opposed the action stating that a position should first be slotted in the budget. other discussion followed. The Mayor called the vote on the motion. The vote follows: Ayes: Councilmen Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: Councilmen Walker and Kloesel 5120 Minutes, November 16, 1971 Deactivate Agent of Record Committee - Assign Personnel Director Councilman Cannon asked thatthe Agent of Reocrd Committee be deactivated and this assignment be directed to the attention of the Personnel Director together with the retirement upgrading. Garth Road - Request of Abutting Property Owners Robert Stipe, speaking for residents abutting Garth Road near its intersection with Park Street, asked the Council to place the group on the agenda for the next regular meeting of the Council. A spokesman will be assigned by the group as they object to the 100' right -of -way width and prefer the 80' which was originally mentioned. The Council approved the request, but Mr. Stipe was told that the contacts will continue relative to the additional right -of -way even though they are requesting a place on the agenda. Consider REsolution - Transfer of funds for Legal Fees City Attorney Richardson introduced and read a resolution authorizing the City Manager to transfer $2,240.00 from contingency to budget classification 106 -6 -6, special services,legal fees, to pay Mr. Laughlin for work he has done and will be doing for the City per instruction of the Council, namely the Angel and Beach City cases. A $750 fee was quoted on the Angel case, but no fee was quoted on the Beach City case. Since the Council was not aware of what had been done on each case, the matter was deferred until Mr. Laughlin could meet with the Council and bring them up to date on the progress being made in each case. Give Notice - General Telephone - Formal Bate Hearing City Attorney Richardson suggested, pursuant to a meeting with Mr. Owsley, the need to give General Telephone Company notice of a formal rate hearing which will require their appearance together with certain stipulated data such as their 1970 annual report to stockholders, their operating statements covering the Baytown Exchange, detailed statement of used and useful properties in the Baytown Exchange, etc. In addition, arrangements will have to be made to acquire the services of a court reporteit for the hearing, the date set being at the convenience of the City Council and officials of General Telephone Company. Councilman Stasney moved to give General Telephone formal notice as outlined by the City Attorney. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Progress Report - Trash Bags Councilman Stasney asked for a progress report on the proposed use of trash bags. Mr. Voelkel stated that he was attempting to find a company which will let the City buy the racks and stands with the understanding that they will purchase them back if the City does not embrace the system. The stands and racks will cost the City approximately $8, and one company has agreed to buy back the stands at $2.50 each if they are not damaged but will not buy back the racks. It was reported that Pasadena is using the bags without racks and stands and the venture has been fairly successful. The Council instructed the Administration to proceed on the basis of the Pasadena Program, to supply bags without holders or racks as a test case. The users should be told of the availability of the racks and stands with the understanding that they would have to purchase them if they so desired. Gift - Cyclone Fencing Improve City Pound. Councilman Stasney informed the Council that Mr. Pete Harris, representing Btn.- .Kennel Club has offered the City 50' of 5' cyclone fence to improve the City's animal shelter if the City's work crew will pick it up. The Council accepted the coffer abd instructed Mr. Voelkel to have it picked up from its present location. He will also acknowledge the gift with a letter of thanks from the City Council. F I Minutes, November 16, 1971 Adjourn There being no further business to come before the Council, the motion was made and seconded that the meeting adjourn . The ayes were unanimous and the Mayor declared the meeting adjourned. ATTEST: �E, II yo A XER, M o dWNµJ� EDNA OLIVER, City Clerk 5121