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1998 01 08 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 8, 1998 The City Council of the City of Baytown, Texas, met in regular session on January 8, 1998, at 6:30 p.m., in the John Tucker Hall, Lee College, with the following in attendance: Victor Almendarez Council Member Manuel Escontrias Council Member E. Frank Hinds, Jr. Council Member Stephen DonCarlos Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Bobby Rountree City Manager Ignacio Ramirez City Attorney Eileen P. Hall City Clerk Absent: David Byford Council Member The meeting was opened with a quorum present, and Council Member Escontrias led the recitation of the pledge of allegiance and offered the invocation, after which the following business was conducted: Consider Approval of Minutes for the Special and Regular Meetings held on December 16, 1997 Council Member Escontrias moved to approve the minutes. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Escontrias, Hinds Almendarez, and Sheley Mayor Alfaro Nays: None Abstained: Council Member DonCarlos 980108 -2 Minutes for Regular Session — January 8, 1998 Consider Approval of Minutes for Special Meeting held on December 18, 1997 The minutes for the special meeting held on December 18, 1997, will be corrected and considered at the next meeting. Consider Approval of Minutes for Special Meeting held on December 29,1997 Council Member Hinds moved to approve the minutes. Council Member Escontrias seconded the motion. The vote follows: Ayes: Council Members Escontrias, Hinds, and DonCarlos Mayor Alfaro Nays: None Abstained: Council Members Almendarez and Sheley Consider Proposed Ordinance No. 980108 -1 Third Reading on Proposed Franchise with TCI Cablevision of Texas, Inc. This is the third reading of the proposed franchise agreement with TCI Cablevision of Texas, Inc., and as prescribed by City Charter, the City Attorney read the ordinance. The City Manager said that of the thirteen cities surveyed, nine have fifteen - year terms. The International Lawyers' Model Franchise Agreement is for fifteen years. Olson and Olson, who specialize in franchise issues, propose a fifteen -year term. Out of twelve of the cities surveyed, nine charge five percent, two charge four percent, and one charges three percent. TCI has a new digital service. Council Member Hinds moved to adopt the ordinance. Council Member Sheley seconded the motion. Council Member Sheley stated that the concerns of Council had been met regarding the updating and the quality of the service rendered and asked Council to approve this ordinance. Council Member Escontrias said that three percent was enough. He considered the increase to five percent as a means of raising revenue without increasing taxes since TCI would pass this increase on to the consumers. 980108 -3 Minutes for Regular Session — January 8, 1998 Council Member DonCarlos agreed with Council Member Escontrias that the increase was simply raising revenue through cable subscribers and was not related to any cost the city would incur. Council Member Hinds supported the increase as a user fee to TCI for the use of public rights -of -way. We do not allow any other business to use the public rights -of -way without paying a fee. The fact that this is passed through by TCI to the consumer is because they have no competition. Council Member Almendarez concurred that the franchise fee is a pass through. The vote follows: Ayes: Council Members Hinds and Sheley Mayor Alfaro Nays: Council Members Escontrias, DonCarlos, and Almendarez Since the vote was a tie, the motion failed. Council Member DonCarlos suggested that the administration work up a plan for a contract with a graduated rate increase starting at three percent and going to five percent over ten years. Consider Proposed Ordinance No. 980108 -2 Third Reading on Proposed Franchise with Star Cable Associates Both franchises will be revised and presented for Council consideration. Consider Proposed Ordinance No. 980108 -3 Setting the Time, Date, and Place for a Public Hearing on the Proposed Amendment to the Official Zoning Map Reclassifying Property Located at 107 West Shreck Street from Neighborhood Conservation to Mixed Use District The ordinance sets the public hearing on the proposed amendment to the Official Zoning Map reclassifying property located at 107 West Shreck Street from Neighborhood Conservation to Mixed Use District for February 12, 1997, at 6:35 p.m. Council Member Escontrias moved to adopt the ordinance. Council Member Sheley seconded the motion. The vote follows: 3 980108 -4 Minutes for Regular Session — January 8, 1998 Ayes: Council Members Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8164 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR THE PUBLIC HEARING ON THE PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN, RECLASSIFYING PROPERTY LOCATED AT 107 WEST SHRECK AVENUE, BAYTOWN, TEXAS, FROM A NEIGHBORHOOD CONSERVATION DISTRICT TO A MIXED USE DISTRICT; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 9801084 Setting the Time, Date, and Place for Public Hearings on the Proposed Disannexation of Previously Annexed Ten -Foot Strips Lying North of Interstate 10 The ordinance sets the public hearing on the proposed disannexation for January 22, 1998, at 6:35 p.m. and 6:40 p.m. Council Member Hinds moved to adopt the ordinance. Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Escontrias, Hinds DonCarlos, Almendarez, and Shelev Mayor Alfaro Nays: None ORDINANCE NO. 8165 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR THE PUBLIC HEARINGS ON THE PROPOSED DISANNEXATION OF THE TEN -FOOT STRIPS OF LAND LYING NORTH OF INTERSTATE 10 PREVIOUSLY ANNEXED VIA ORDINANCE NOS. 598 -A, 6664 -A, 797 -A, 807 -A, 883 -A, AND 975 - A; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4 980108 -5 Minutes for Regular Session — January 8, 1998 Consider Approval of Plans and Specifications for the Animal Control Shelter and Authorize Advertisement for Bids The project consists of a 5,347 square foot pre- engineered metal building for sheltering small animals. The shelter will provide thirty double kennels, eighteen quarantine kennels, office, public adoption viewing area, examination room, and site work. The estimated construction cost is $317,000. We anticipate the bids to be awarded in early March with construction taking six months. Funds will come from 1991 bonds. Council Member Almendarez moved to approve the plans and specifications and to authorize advertisement for bids. Council Member Escontrias seconded the motion. The vote follows: Ayes: Council Members Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None Consent Agenda Council considered consent agenda items "b" through "g" as follows: a. Consider Proposed Ordinance No. 980108 -5 approving Change Order No.I for the Ward, Cedar, Elton, and Bayou Sanitary Sewer Rehabilitation Project. We are not ready on this item. b. Proposed Ordinance No. 980108 -6 approves Change Order No. 2 for the City Hall Renovation Project to Durotech, Inc. in the amount of $18,981. Change Order No. 2 included structural modification to the air handling unit No. 2, concrete sitework, relocating the secondary transformer, replacement of west end exterior entry, and installation of recording equipment. The revised contract amount will be $1,223,728 and represents a two - percent increase. Change Order No. 2 will increase the contract duration from 180 to 184 calendar days. The revised contract completion date is February 24, 1998. We recommend approval. C. Consider rejection of bids for the North Lakewood Lift Station and Force Main Project. This is the new subdivision being developed on Decker Drive in Lakewood (Lakewood Estates). We received two bids. Angel Brothers Enterprises, Inc. submitted the low bid of $406,590. This 5 980108 -6 Minutes for Regular Session — January 8, 1998 amount exceeded the engineer's estimate of $205,700 and our cost -share participation of $144,000. After discussing the results of the bids with the bidders, the engineer feels the current construction climate favors contractors because they have enough work with their present work force. The engineer recommends rebidding this project in May when the construction market may change. This delay is acceptable to the developer's subdivision schedule. Therefore, we recommend rejection of all bids and authorization to readvertise. We recommend approval. d. Proposed Ordinance No. 980108 -7 authorizes deduct Change Order No. 2 in the amount of $15,310.62 and approves final payment to Kinsel Industries, Inc., in the amount of $36,159.82 for the Barrymore Sanitary Sewer Collector Rehabilitation Project. Deduct Change Order No. 2 adjusts the final unit quantities and extends the contract duration 54 calendar days. Significant underrun items were pipe cleaning and television inspection, manhole rehabilitation, point repair, backfill, concrete removal and placement, and manhole rings and covers. The contractor's performance was satisfactory. The final construction cost is $713,221.38 or 0.43% below the original contract amount of $716,285. The contract duration was 90 calendar days and the work was completed in 144 days. Additional contract days were necessary because of the size of the pipe. This was one of the largest pipe - bursting projects ever undertaken in this region. There were articles written about the project in several state and national publications. It was successful but took longer than anticipated. Texas Water Development Board Bonds funded this project. We recommend approval. e. Proposed Ordinance No. 980108 -8 approves final payment to Derryberry's, Inc., in the amount of $2,000 for removal and replacement of the air handling system at the City Hall Annex. The original contract amount was $91,000. Two change orders for isolation valves and additional piping insulation were required for a total of $92,112. Funding for this project is from 1991 bonds. We recommend approval. f. Proposed Ordinance No. 980108 -9 awards the annual water meter contract to Industrial International in the amount of $63,487.74. Invitations to bid were mailed to five suppliers and we received five bids. This contract is used for purchase of displacement type small water meters and turbine type 0 980108 -7 Minutes for Regular Session — January 8, 1998 large water meters to be installed by the Utilities Department. We recommend approval. g. Proposed Ordinance No. 980108 -10 awards Section I & II of the annual mowing, edging, and trimming services contract to Niederhofer Enterprises, Inc., in the amount of $41,525. We recommend Sec. III be rejected and rebid. Invitations to bid were mailed to six contractors. A mandatory pre -bid conference was held and two contractors were present. We received two bids and one was returned unopened. Rankin Landscaping Industries was unable to obtain bonding in time for the bid opening. Section I and II were bid at the same price as the previous contract, but Bayland Island and the Welcome To Baytown area at the Fred Hartman Bridge have been added. The scope of the project for Section III will be adjusted and rebid. We recommend approval. Council Member Escontrias moved to adopt the consent agenda items "b" through "g." Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None For bid tabulation, see Attachments "A" and "B." ORDINANCE NO. 8166 AN ORDINANCE AUTHORIZING CHANGE ORDER NO.2 WITH DUROTECH, INC., FOR THE CITY HALL RENOVATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF EIGHTEEN THOUSAND NINE HUNDRED EIGHTY -ONE AND NO /100 DOLLARS ($18,981.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. VA 980108 -8 Minutes for Regular Session — January 8, 1998 ORDINANCE NO. 8167 AN ORDINANCE AUTHORIZING DEDUCT CHANGE ORDER NO. 2 WITH KINSEL INDUSTRIES, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE BARRYMORE SANITARY SEWER COLLECTOR REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY -SIX THOUSAND ONE HUNDRED FIFTY -NINE AND 82/100 DOLLARS ($36,159.82) TO KINSEL INDUSTRIES, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8168 AN ORDINANCE AUTHORIZING FINAL PAYMENT OF THE SUM OF TWO THOUSAND AND N01100 DOLLARS ($2,000.00) TO DERRYBERRY'S, INC., FOR REMOVAL AND REPLACEMENT OF THE AIR HANDLING SYSTEM AT CITY HALL ANNEX; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8169 AN ORDINANCE ACCEPTING THE BID OF INDUSTRIAL INTERNATIONAL FOR THE ANNUAL WATER METER CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -THREE THOUSAND FOUR HUNDRED EIGHTY -SEVEN AND SEVENTY -FOUR DOLLARS ($63,487.74); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8170 AN ORDINANCE ACCEPTING THE BID OF NEIDERHOFER ENTERPRISES, INC., FOR SECTIONS I AND II OF THE ANNUAL MOWING, EDGING, AND TRIMMING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -ONE THOUSAND FIVE HUNDRED TWENTY -FIVE AND NO /100 DOLLARS ($41,525.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8 980108 -9 Minutes for Regular Session — January 8, 1998 Consider Appointments to Baytown Industrial Development Board Council Member Hinds moved to appoint the following: Mike Wilson Victor Almendarez Manuel Escontrias David Byford E. Frank Hinds, Jr. Scott Sheley Stephen DonCarlos Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None Consider Appointments to Baytown Area Community Long -Range Planning Commission Council Member Sheley moved to appoint Sheryl Ward as Member at Large and Michael Basham as representative from District 2. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None Consider Appointments to Community Development Advisory Committee Council Member Almendarez moved to appoint Fred Aguilar and Aida Almendarez to the Community Development Advisory Committee. Council Member Escontrias seconded the motion. The vote follows: Ayes: Council Members Escontrias, Hinds DonCarlos, and Almendarez Mayor Alfaro Nays: None Abstained: Council Member Sheley 980108 -10 Minutes for Regular Session — January 8, 1998 Consider Appointments to Electrical Board Council Member Escontrias moved to appoint A. L. Jordan and Robert Cooling. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None Consider Confirmation of City Manager's Appointment to Civil Service Commission Council Member DonCarlos moved to confirmation the appointment of Ronnie Anderson to the Civil Service Commission. Council Member Escontrias seconded the motion. The vote follows: Ayes: Council Members Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None Consider Appointment of Municipal Court Judge for a term beginning February 1, 1998 to February 1, 2000 Consider Appointment of Alternate Municipal Court Judge for a term beginning February 1, 1998 to February 1, 2000 Council will consider these appointments at a future time. City Manager's Report Early Voting on Crime Control and Prevention District Early voting is in the Community Center through Tuesday, January 13, 1997. 980108 -11 Minutes for Regular Session — January 8, 1998 Federal Bureau of Investigation Visited the Police Department The FBI visited the Police Department today looking at the way the Uniform Crime Report is handled. They may recommend the form to other communities. Baytown Area Water Authority BAWA has been recognized by TNRCC for meeting or exceeding the standards for operating a public water system to a superior rating. To qualify for this rating there are over 260 rules and regulations that must be met or exceeded. Testing is conducted every four hours at the treatment plant totaling 288 analysis per day. Microbiological testing is performed on seventy samples taken from the distribution system each month. BAWA has had no violations in the past six years. The people that are responsible are: Mark LeBlanc, Tony Brown, and Fred Pack. 1997 The administration appreciates the support and dedication of Council. Council Member Almendarez Comments On December 20, 1997, Mike Clement was to be married at the Central Baptist Church in Pelly at 2:00 p.m. There was a fire at the church at noon. Fire Departments 2, 4, and 1 did an outstanding job of not only putting out the fire but also helping the family clean up so the wedding could take place. Adjourn As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk