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1999 03 25 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 25, 1999 The City Council of the City of Baytown, Texas, met in regular session on March 25, 1999, at 6:30 p.m., in the Council Chamber of the Baytown City Hall with the following in attendance: Victor Almendarez Council Member David Byford Council Member Manuel Escontrias Council Member E. Frank Hinds, Jr. Council Member Coleman Godwin Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Monte Mercer City Manager Ignacio Ramirez City Attorney Eileen P. Hall City Clerk The meeting was opened with a quorum present, and Council Member Escontrias led the pledge of allegiance and offered the invocation, after which the following business was conducted: Consider Approval of Minutes for the Regular Meeting Held on March 11, 1999 Council Member Sheley moved to approve the minutes. Council Member Escontrias seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Nays: None Abstained: Mayor Alfaro 990325 -2 Minutes of Regular Session — March 25, 1999 Citizen Communication: Russell L. Foster, President of Baytown Girls Softball Association (Slowpitch), 3406 Cobblestone Lane, would like to discuss the Girls Softball Program Mr. Foster did not appear to speak. Hold Public Hearing on Regulated Cable Rates and Equipment Submitted by Texas Cable Partners, L.P., on FCC Forms 1240 "Updating Maximum Permitted Rates for Regulated Cable Services" and 1205 "Determining Regulated Equipment and Installation Costs" at 6:35 p.m. Pursuant to the cable rate regulations adopted, the City Council must hold at least one public hearing at which interested persons may express their views and record objections concerning the adjustment of regulated cable rates and related equipment and services. The review period for the annual rate adjustments submitted is ninety days from the date the cable operator filed its request with the City. Prior to the expiration of the review period, the City Council may decide whether to approve the new rates. According to the information submitted, the Basic Services for customers will be lowered by $0.72 from $9.73 to $9.01. The maximum permitted rate for equipment and installation will be below the 1998 calculated maximum permitted rate. After the public hearing, the City will have ample time for review prior to making a recommendation on the new rates. Time Warner plans for these proposed changes to be effective for customer statements on or about June 1, 1999. At 6:35 p.m., Mayor Alfaro called to order the public hearing on regulated cable rates and equipment submitted by Texas Cable Partners, L.P., on FCC Forms 1240 "Updating Maximum Permitted Rates for Regulated Cable Services" and 1205 "Determining Regulated Equipment and Installation Costs." He asked those present desiring to speak to register on the list in the foyer as that list would provide the speaking order for the hearing. He asked that each speaker give his name and address to furnish a proper record of this hearing. He stated that the hearing was for the purpose of receiving public input and everyone desiring to present information would be given ample opportunity to do so. He encouraged each speaker to be as brief and to the point as possible noting that the hearing was not an adversarial type proceeding but an opportunity for all interested persons to be heard. He asked that all questions be directed to him and stated that, with the aid of city staff, he would attempt to have the questions answered. Mr. Craig Thompson, Vice President of Operations for Time Warner Cable, stated that the lifeline service rate would be decreasing from $9.73 to $9.01; the equipment rate for the basic service will stay the same at $1.55 per converter. For anyone taking the higher level service, the converter price will be increasing from $3.25 to $3.49. 990325 -3 Minutes of Regular Session — March 25,1999 Since no one else registered to speak, Mayor Alfaro closed the public hearing. Craig Thompson, Time Warner Cable, Vice President of Operations Mr. Thompson stated that as Time Warner had recently taken over TCI, he wanted to give Council information on two problems. He said that because of a faulty switch and related equipment, it would be necessary to replace the entire phone switch and related paraphernalia. The new equipment should be installed by June. Furthermore, he said that they were severely understaffed in the phone center and they hoped to have more personnel trained by June. Mr. Thompson said that Time Warner would start rebuilding the Baytown cable system in the second half of 2000 in order to improve service with fiber optic applications for a two -way system to provide video services, high -speed Internet services, and a potential for local loop telephone. In response to inquiry from Council, he said that installation of the new system would require a rate increase. Proposed Ordinance No. 990325 -1, Amending the Engineering Services Contract with 3D International Environmental Group to Implement "Risk Based Assessment Plan A's" for LSPT Nos. 113491 and 113265 The ordinance amends the engineering services contract in the amount of $47,500. The scope of work includes providing environmental consulting service for the implementation of the pre- approved TNRCC Risk Based Assessment Plan A for the removed underground storage tanks at Public Works and the Police Station. 3D International will install monitoring wells, perform chemical analysis of soil and ground water samples, and prepare a technical report for TNRCC. The estimated implementation cost is $47,500. This will be funded by 1991 bond funds and has been pre- approved by TNRCC for reimbursement up to $42,180. Council Member Escontrias moved to adopt the ordinance. Council Member Almendarez seconded the motion. In response to inquiry from Council, the City Manager stated that the tanks were removed in August and there were some indications of contamination by petroleum products. The TNRCC will decide whether it can be closed as is or whether further remediation is required. Regarding the selection of professional services, State statues do not allow bidding for professional services but require the selection of the best - qualified firm. The vote follows: 990325.4 Minutes of Regular Session — March 25, 1999 , Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AMENDMENT NO. 2 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF BAYTOWN AND 31) INTERNATIONAL ENVIRONMENTAL GROUP FOR IMPLEMENTATION OF TEXAS NATURAL RESOURCE CONSERVATION COMMISSION'S RISK BASED ASSESSMENT PLAN "A" FOR LEAKING STORAGE PETROLEUM TANK NOS. 113491 AND 113265; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FORTY -SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($47,500.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Ordinance No. 990325 -2, Declaring Unopposed Candidate for Office of Council Member District Two Elected In accordance with Subchapter C, "Election of unopposed candidate," of the Election Code, the City Clerk has certified to the unopposed status of one candidate for the Municipal Election ordered for the first day of May 1999. On receipt of the certification, the City Council is authorized, by ordinance, to declare the unopposed candidate elected to the office. A copy of the ordinance shall be posted on election day at each polling place that would have been used in the election. The candidate will assume office at the special council meeting in May, canvassing the results of the election held to determine the Council representatives for Districts One and Three. Council Member Byford moved to adopt the ordinance. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None 990325 -5 Minutes of Regular Session — March 25, 1999 ORDINANCE NO. 8543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING AN UNOPPOSED CANDIDATE ELECTED TO OFFICE; ORDERING THE CITY CLERK OF THE CITY OF BAYTOWN, TEXAS, TO POST THIS ORDINANCE AT EACH POLLING PLACE ON THE ELECTION DAY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Ordinance No. 990325 -3, Setting Public Hearings on Proposed Annexation of a Ten Acre Tract Situated between Thompson Road and San Jacinto River Authority Canal, Adjacent to Truck Stops of America for April 8 at 6:35 p.m. and 6:45 p.m. The City of Baytown has received a request to annex a ten -acre tract between Thompson Road and San Jacinto River Authority Canal adjacent to Truck Stops of America, the future site of a truck washing facility. In accordance with state law, two public hearings must be scheduled on the proposed annexation. The date of the public hearings shall not be more than 20 days nor less than 10 days after publication of each notice of public hearing. The proposed ordinance schedules the public hearings for April 8 at 6:35 p.m. and 6:45 p.m. in the Council Chamber of the Baytown City Hall. Council Member Hinds moved to adopt the ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8544 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR THE PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF A TEN ACRE TRACT SITUATED BETWEEN THOMPSON ROAD AND SAN JACINTO RIVER AUTHORITY CANAL ADJACENT TO TRUCK STOPS OF AMERICA; PREPARATION OF A SERVICE PLAN; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 990325 -6 Minutes of Regular Session — March 25,1999 Consent Agenda Council considered the consent agenda items "a" through "e." a. Proposed Ordinance No. 990325 -4, authorizes renewal of the Annual Solid Waste Collection and Disposal Services contract with Browning - Ferris, Inc, in the amount of $1,409,760. This is the third year to renew this contract. In accordance with the terms and conditions of their contract, BFI has requested a 1.6 percent increase based on the February 1999 Consumer Price Index for all urban communities to become effective April 1, 1999. A 1.6 percent increase is an $0.11 increase per residential unit, raising the current rate from $7.01 (includes bulky waste) to $7.12. BFI is currently disposing of 16,500 residential units per month. We recommend approval. b. Proposed Ordinance No. 990325 -5, authorizes renewal of the Annual Recycling Center Operation contract with Browning- Ferris, Inc., in the amount of $51,480. This is the third year to renew this contract. BFI has requested renewal of their contract for operation of the Recycle Drop Off Center. Rates would remain the same for the new contract year. The current rate is $0.26 per residential unit. The current billing is based on 16,500 residential units per month. A letter from BFI is enclosed in the packet. We recommend approval. C. Proposed Resolution No. 990325 -1, approves acceptance of additional HIDTA (High Intensity Drug Trafficking Area Grant Program) funds in the amount of $3,625. HIDTA has received an additional $3,625 from ONDCP (Office of National Drug Control Policy) which will be used to purchase two cell phones and three pagers. We recommend approval. d. Proposed Ordinance No. 990325 -6, renews the contract for annual installation of traffic signal equipment with Southwest Signal Supply, Inc., in the amount of $62,550. This is the second year to renew this contract. The Traffic Department uses this contract for installation of traffic signal equipment that requires specialized expertise and equipment. This work is typically contracted out by municipalities. We recommend approval. 990325 -7 Minutes of Regular Session — March 25,1999 . e. Proposed Ordinance No. 990325 -7, awards the annual hot mix — cold lay asphalt contract to Baytown Asphalt Materials, Inc., in the amount of $21,750. Two invitations to bid were mailed and two bids were received. This is the original year of this contract that allows an option to renew for three additional years. Due to the proximity of the new company, the City will pick up hot mix -cold lay asphalt instead of having it delivered. We recommend approval. Council Member Escontrias moved to adopt the consent agenda items "a" through "e." Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None For bid tabulations, see Attachments "A" and "B." ORDINANCE NO. 8545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A MEMORANDUM OF RENEWAL AND AMENDMENT TO THE ANNUAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT BETWEEN THE CITY OF BAYTOWN AND BROWNING- FERRIS, INC., FOR THE ANNUAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT IN THE AMOUNT OF ONE MILLION FOUR HUNDRED NINE THOUSAND SEVEN HUNDRED SIXTY AND N01100 DOLLARS ($1,409,760.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A THIRD EXTENSION OF THE ANNUAL RECYCLING SERVICES CONTRACT BETWEEN THE CITY OF BAYTOWN AND BROWNING- FERRIS, INC., IN THE AMOUNT OF FIFTY -ONE THOUSAND FOUR HUNDRED EIGHTY AND N0 1100 DOLLARS ($51,480.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 990325 -8 Minutes of Regular Session — March 25,1999 RESOLUTION NO. 1386 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO ACCEPT ADDITIONAL FUNDING UNDER A FEDERAL GRANT FROM THE OFFICE OF NATIONAL DRUG CONTROL POLICY IN CONJUNCTION WITH THE HIGH INTENSITY DRUG TRAFFICKING AREA PROJECT; DESIGNATING THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8547 AN ORDINANCE RENEWING THE CONTRACT OF SOUTHWEST SIGNAL SUPPLY, INC., FOR THE ANNUAL INSTALLATION OF TRAFFIC SIGNAL EQUIPMENT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -TWO THOUSAND FIVE HUNDRED FIFTY AND N01100 DOLLARS ($62,550.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8548 AN ORDINANCE ACCEPTING THE BID OF BAYTOWN ASPHALT MATERIALS, INC., FOR THE ANNUAL HOT MIX COLD LAY ASPHALT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -ONE THOUSAND SEVEN HUNDRED FIFTY AND N01100 DOLLARS ($21,750.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Manager's Report Rollingbrook Drive to Decker Drive Four lanes have been reduced to two lanes for up to six months. This will cause some traffic congestion. TxDOT is trying to speed the project. Ambulance The new Type 1, Class 1A, medium -duty chassis ambulance was out front this afternoon for viewing. The City is very proud of it. 990325 -9 Minutes of Regular Session — March 25,1999 Lieutenant Ross Hargis of Fire Department Lieutenant Ross Hargis was injured in a fire. The plastic surgeon said he would have an extended recovery because of the burns. Junior Lopez Junior Lopez was awarded the Rotary's Public Service Employee of the year. Congratulations to Junior Lopez at Public Works. National Community Development Week National Community Development Week is March 29 through April 24. Samson Control Samson Control Manufacturing Facility will be located in Baytown. This will be a six -year project beginning in April 1999. Samson will be locating some of their technology from Germany. City Council Work Session At the request of Congressman Ken Bentsen, Council will meet with him on Tuesday, March 30, 1999, at 1:30 p.m. to discuss the upcoming 2000 census. 800 Trucking System The CCPD project is expected to be operational in June. Trash Bash The Trash Bash is scheduled to begin at the Wetlands Center on Saturday at 9:00 a.m. to clean trash from the Bay. Adjourn As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk RENEWAL 2ND YEAR CITY OF BAYTOWN Q TITLE: ' 131D #: � DATE: V a� d BID TABULATION ANNUAL INSTALLATION OF TRAFFIC SIGNAL EQUIPMENT CONTRACT 9703 -49 (048 -99) APRIL 14,1997 /1D /r /Ndr !`nNTr7A/"T l -CT VFAR RFNRII�A/. N0. QTY. UNIT DESCRIP1lON SOUTH \VESTS[GNAL SOU'Ili \VESTSIGNAL UNIT PRICE EaT. PRICE UNIT PRICE EXT. PRICE 1 4 each Construct foundation and install mast arm poles (single arm) 2,000.00 8,000.00 2,000.00 8,000.00 2 2 each Construct foundation and instal) mast arm poles (dual arm) 2,600.00 5,200.00 2,600.00 5,200.00 3 3 each Construct foundation and install swain poles 1,900.00 5,700.00 1,900.00 5,700.00 4 4 each Construct Controller Base Foundation 1,200.00 4,800.00 1,200.00 4,800.00 5 500 feel Fumish and install conduit trenched 12.00 6,000.00 12.00 6,000.00 6 100 feet Fumish and install conduit bored 21.00 2,100.00 21.00 2,100.00 7 2 each Fumish and install 4 -12" pole 1,000.00 2,000.00 1,000.00 2,000.00 8 10 each Fumish and install pull -box 400.00 4,000.00 400.00 4,000.00 SECT lVlV 1 -(1 l Et♦7J ia-if) 7 V l AL: J r,aUU.UU J i,auu.vu 9 1000 feet Loop detectorAead in installation - concrete 8.50 8,500.00 8.50 8,500.00 10 500 feet Loop detectodlead in installation - asphalt 7.50 3,750.00 7.50 3,750.00 SECTION II- (ITE>•IS ti9 CIc I(1) -fU 1 AL: GRAND TOTAL: LOCATION: DELIVERY: 2ND YEAR RENEWAL SOUTNIVEST SIGNAL QUANTITIES UNIT UNIT PRICE EaT. PRICE 6 each 2,000.00 12,000.00 1 each 2,600.00 2,600.00 1 each 1,900.00 1,900.00 1 each 1,200.00 1,200.00 1,000 feet 12.00 12,000.00 325 feet 21.00 6,825.00 3 each 1,000.00 3,000.00 l9 each 400.00 7,600.00 47,125.00 1,100 feet 8.50 9,350.00 810 feet 7.50 6,075.00 12,250.00 12,250.00 Quantities inueased /deceased 15,425.00 based on previous year's usage. so,o5o.0o so,oso.00 � 62,550.00 SO.MOUSTON, TX SO.F IOUSTON, TX. AS REQUESTED AS REQUESTED SO.IIOUSTON, TEXAS AS REQUESTED South►vest Srgnal has requested to exercise (heir option to rene►v this contract jot the same pricing, terms and conditlau as stated in the current contracl. Qumttities have been adjusted to reflect next year's estimated usage. This year's contract awarded amount is a 14 %increase compared to last year's contract ativard. slht d9 TABULATION ANNUAL INSTALLATION OF TRAFFIC EQUIPMENT CONTRACT.xIS Page 1 or 1 3/, . 8:31 AM m TITLE: B[D #: G DATE: a� CITY OF BAYTOWN BID TABULATION ANNUAL HOT MIX -- COLD LAY ASPHALT CONTRACT 034 -99 MARCH 9,1999 2:00 P.M. NO. QTY. UNIT DESCRIPTION BAYTOWN ASPHALT MARTIN MARIETTA MATERIAL UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE l 750 ton Hot Mix - -Cold Lay Asphalt 29.00 1,750.00 30.00 22,500.00 F.O.B. Plantsite OR 2 750 ton Mot Mix - -Cold Lay Asphalt 31.95 23,962.50 33.03 24,772.50 Delivered F.O.B. destination in 24 ton load. SUPPLY POINT: BAYTOWN, TEXAS HUMBLE, TEXAS DELIVERY: 10 DAYS ARO 10 DAYS ARO Mailed two bids and received two bids. Redland Products is now Martin Marietta Materials. slf '�9 TABULATION ANNUAL HOT MIX - COLO LAY ASPHALT CONTRACT.xIs LAST YEAR'S CONTRACT: �'� Increasel decrease REDLAND PRODUCTS compared to last years UNIT PRICE E.1'T. PRICE price per ton. -7% 31.0.3 ?3,27?.SO I 3% NUATI3LE, TE,titS 10 DAYSARO Page 1 of 1 3 � 8:38 AM