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2001 02 22 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 22, 2001 The City Council of the City of Baytown, Texas, met in regular session on February 22, 2001, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Victor Almendarez Council Member Scott Sheley Council Member Ronnie Anderson Council Member Calvin Mundinger Council Member Don Murray Council Member Coleman Godwin Council Member Pete C. Alfaro Mayor Monte Mercer City Manager Danny Jackson Assistant City Attorney Gary W. Smith City Clerk The meeting was opened with a quorum present and Council Member Godwin led the pledge of allegiance and offered the invocation after which the following business was conducted: Presentation of OAK Awards. City Manager Monte Mercer described goals of the OAK Awards. Teamwork: "We pledge to be responsive to the decisions of our elected officials and to the needs of our citizens. This will grow through open and effective communications among the council, the citizens, and the employees. " Innovation: "We strive to maintain a progressive, enthusiastic, and creative approach to our work. This is our professional responsibility. " Customer Service: "We commit ourselves to serving in the best interest of the people of our community through courteous and efficient service. " Integrity: "We dedicate ourselves to the highest ideals of Honor and integrity in our relationship with the public. " The Recognition Committee members were acknowledged: Mike Lester, Rodney Sellers, Keli Anderson, Genie Ginzel, John Adkins, and Carol Flynt. Page 2 of 10 Minutes of the Regular Session— February 22, 2001 The Oak Award was presented to the following: For Innovation: Darrell Davis, Jerry Ickes, Jim Moss, Howard Gudgell, and John Wadley of the Fire Department because of their voluntary participation in `BEAT ALLEY ", a program that presents life and fire safety messages to elementary school -age children each year through characterization. According to the Oak Award Recognition Committee: even though the Fire Department has an educationallcommunity outreach aspect, these individuals found a way to provide this service in an innovative and fun way to make a larger impact on the community. For Customer Service: Glen Gibson, Claudell Scott, Pat Brown, and Walter Lee of the Utilities Department were recipients of the award for their assistance to Goose Creek Consolidated Independent School District at Gentry Jr. School on December 19 when there were problems with the sewer lift station. Because of the tremendous health hazard the problem imposed, and the fact that the GCCISD maintenance division did not have the necessary trained personnel to resolve it, these employees went beyond the call of duty to assist GCCISD and remove the hazard. The Committee noted that these employees realized their actions would be observed by citizens as well as GCCISD and they took the initiative to provide exceptional customer service far beyond the scope of their job duties. For Integrity: Rene Valdez of the ITS Department was recognized for his diligent efforts toward getting the Police Department's MDT/MRE applications operational. He devoted hours to reconfigure and program the computers, coordinating his efforts with DPS and Canada, at the same time while maintaining his everyday assignments. The Committee said: Rene went beyond his duties to provide professional attention to the detail and quality of his work. He worked to ensure officers had properly working equipment so they could perform their jobs. Mayor Alfaro recognized the family members of the OAK Award recipients. Page 3 of 10 Minutes of the Regular Session — February 22, 2001 " Consider approval of the minutes of the Council Meeting held on February 8, 2001. Council Member Sheley moved approval of the minutes. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. The motion carried. Consider Proposed Ordinance No. 010222 -1, amending Ordinance No. 9111 to reorder propositions on the ballot and to name the election officials for the regular and special elections to be held on May 5, 2001. The Bond Steering Committee has recommended that the ballot propositions for the general obligation bonds be listed in the order of value, beginning with the largest amount: (1) $20,375,000 street improvements, (2) $3,250,000 drainage improvements, (3) $2,175,000 fire fighting facilities and equipment, (4) $2,090,000 information technology and equipment, (5) $1,250,000 community center improvements, and (6) $350,000 park improvements. The change of the order has been discussed with bond counsel and they have approved the rearrangement. The Texas Election Code requires that the City Council appoint the precinct presiding judges and their alternates and the presiding judge of the early voting ballot board and central counting. The persons proposed for the positions have worked as election officials before, except the alternate in Precinct 533. The presiding judge of each precinct has experience as an election judge. Each election official has been offered the opportunity to attend at city expense an election law seminar, sponsored by the Houston - Galveston Area Council. Special emphasis will be given to placement of voters in the correct district within each precinct. Large district maps and large city maps of the precincts and districts will be provided to each polling place. A local election school will be held shortly before the election, to reinforce the procedures for election day and the aids available to the election officials. Council Member Mundinger moved approval of the ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. Minutes of the Regular Session — February 22, 2001 The motion carried. ORDINANCE NO. 9112 Page 4 of 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 9111, PASSED ON FEBRUARY 8, 2001, TO REORDER CERTAIN PROPOSITIONS AND TO NAME THE ELECTION OFFICIALS FOR THE REGULAR AND SPECIAL ELECTIONS TO BE HELD ON MAY 5, 2001; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 010222 -2, the first reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 1.961 -acre tract located on Hunt Road east of and adjacent to Hunt Garden Apartments. The City of Baytown has received a request to annex a 1.961 -acre tract of land owned by Chris Presley and proposed for development with townhouses. The property is within the extra - territorial jurisdiction of the City of Baytown and is located on Hunt Road east of and adjacent to Hunt Garden Apartments. Mr. Presley has filed and the City Council has approved a petition to annex this property. The property is presently vacant, but development will proceed promptly after annexation. In accordance with state law, two public hearings were held on the proposed annexation on January 25, 2001. Council Member Murray moved approval of the ordinance. Council Member Godwin ' seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9113 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 1.961 -ACRE TRACT OF PROPERTY ON HUNT ROAD, EAST OF AND ADJACENT TO HUNT GARDEN APARTMENTS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Page 5 of 10 Minutes of the Regular Session — February 22, 2001 Consider Proposed Ordinance No. 010222 -3, authorizing Change Order No. 2 for the 2000 Municipal Street Rehabilitation Program. Change Order No. 2 to D & W Contractors, Inc. for the 2000 Municipal Street Rehabilitation Program adds 1,700 linear feet of 6 foot wide sidewalk along Lee Drive adjacent to Lee College from Gulf to Gentry. An oversight omitted this sidewalk from the project. The sidewalk and curb cuts are necessary for compliance with ADA. Lee College has requested and staff supports the 6 -foot wide sidewalk due to an anticipated increase in pedestrian traffic along Lee Drive. The cost for the sidewalk is $34,566.67. In addition, the existing waterline, sewer main and connections between First and Third Streets on East Gulf are shallow and will not permit lime stabilizing of the subgrade. The engineer has recommended a change in the method of construction, which will be an acceptable design. This change will provide a cost savings of $10,700.70. The total of the changes will be $23,865.97. The contract award amount was $1,577,753.00 and this change order, along with Change Order No. 1 represents a 2.7% cost growth. The contract's original duration was 200 working days. Change Order No. 1 added 10 working days and this change order adds 10 working days for a total of 220 working days. Council Member Almendarez moved approval of the ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9114 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH D & W CONTRACTORS, INC., FOR THE 2000 MUNICIPAL STREET REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -THREE THOUSAND EIGHT HUNDRED SIXTY -FIVE AND 97/100 DOLLARS ($23,865.97); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 10 Minutes of the Regular Session — February 22, 2001 Consider Proposed Ordinance No. 0102224, authorizing contract with Houston - t... Galveston Area Council for Baytown's Eighth Annual Household Hazardous Materials Collection Day on April 21, 2001. Proposed Ordinance No. 010222 -4, authorizes payment to Houston - Galveston Area Council in the amount of $46,523 for Baytown's Eighth Annual Household Hazardous Materials Collection Day on April 21, 2001. Last year, our collection gathered 71,726 pounds of potentially hazardous waste. Approximately 49% of the waste collected was recycled or reissued. The cost to the City was $34,117. Previously, the City was the recipient of contributions from hazardous materials disposal contractors. The contributions ended in 1999. We have requested H -GAC to assist us in obtaining a contractor for this needed service since that time. The contractor for the event will be MSE Environmental, Inc. Council Member Sheley moved approval of the ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9115 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY -SIX THOUSAND FIVE HUNDRED TWENTY -THREE AND NO /100 DOLLARS ($46,523.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR COLLECTION SERVICES ASSOCIATED WITH BAYTOWN'S EIGHTH ANNUAL HOUSEHOLD HAZARDOUS MATERIALS COLLECTION DAY ON APRIL 21,2001; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approval of plans and specifications for the SH 146 Lift Station and Force Main Project and authorize advertisement for bids. The scope of work includes design of a lift station and force main to increase sanitary sewer capacity along SH 146 between IH -10 and the existing 18 -inch sewer line located south of Pinehurst II Subdivision. The estimated construction cost is $530,000 and will be funded by Water and Sewer Capital Improvement Program funds. The construction duration is 180 calendar days. Page 7 of 10 Minutes of the Regular Session— February 22, 2001 Council Member Murray moved approval of the plans and specifications and authorization for advertisement for bids. Council Member Anderson seconded the motion. In response to an inquiry from Council Member Anderson, City Manager Mercer responded that the project would provide wastewater service along Highway 146 to the northern limits of the City. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. The motion carried. Consent Agenda a. Proposed Ordinance No. 010222 -5, awards the second annual repair clamps contract to Golden Triangle Pipe in the amount of $73,527.40. Golden Triangle Pipe has submitted a written request to renew the current contract for the same unit pricing, terms and conditions. Quantities remain the same this year as last year. This contract is used to stock inventory repair items. This contract will be used by the Public Works Department for water and sewer rehabilitation projects. b. Proposed Ordinance No. 010222 -6, awards the annual janitorial products contract, Items #1 -13 to Matera Paper Company for $25,386.45; and Item #14 to Groves Industrial Supply for $4,978.50, for a total contract amount of $30,364.95. Invitations to bid were mailed to twenty bidders and we received fourteen responses. This year's contract is a 13.33% increase compared to last year's awarded contract. The increase is largely due to increased quantities. The quantities were increased to reflect usage. This contract will be used to stock the Central Warehouse for distribution of janitorial products to all departments. C. Proposed Ordinance No. 010222 -7, awards the annual janitorial cleaning services contract to Pedus Service in the amount of $64,572.60. Invitations to bid were mailed to seventeen bidders. We received three bids and five no- bids. Companies that sent no -bids said they did not bid because the contract is too large for their companies to perform services. Other companies that did not submit bids said they could not compete with the larger companies and the contract was too big for them to handle. Budget Enterprises submitted a bid after the opening date. This contract is an 8.19% increase compared to last year's contract. Five additional facilities have been added this year. This contract provides cleaning services for fourteen locations throughout the City. Page 8 of 10 Minutes of the Regular Session — February 22, 2001 d. Proposed Resolution No. 010222 -1, requests the sheriff or constable to sell certain properties at a public sale pursuant to Section 34.05(c) of the Texas Tax Code. In 1997, the Legislature amended the Tax Code to allow taxing entities to sell via a public sale property held by a taxing entity as a result of the receipt of an insufficient bid at a tax foreclosure sale. At a public sale, the property will be sold at a public auction at the courthouse door of the county on the first Tuesday of the month, between the hours of 10:00 a.m. and 4:00 p.m. The acceptance of a bid at such a sale is conclusive and binding on the question of its sufficiency. As such, it is believed that this process will provide the City an efficient mechanism for (i) returning deteriorated or unproductive properties to the tax rolls, (ii) enhancing the value of ownership to the properties neighboring those which have been bid off to the City in tax foreclosure sales, and (iii) improving the safety and quality of life throughout the City. This resolution authorizes the sale of the following properties: N. Main Street (TRS 2D & 40D and TRS 2B & 2F), 318 E. Fayle St., 604 E. Fayle Street, and 123 W. Texas Avenue. A memo is enclosed in the packet showing these properties. The right of redemption has expired on the properties and the properties contain no improvements. e. Proposed Resolution No. 010222 -2, approves application for continued funding of the Victims of Crime Act Grant awarded to the City to provide the Family Violence Counseling Program in the Police Department. The original application was approved by Resolution No. 1404 and the grant was awarded by the Office of the Governor — Criminal Justice Division for fiscal years 2001, 2002, and 2003. Funding is provided annually. This application will request funding in an amount not to exceed $94,211 for fiscal years 2002 and 2003. The local match will be in kind. Council Member Sheley moved approval of the consent agenda, items a through e. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor AIfaro. Nays: None. The motion carved. Page 9 of 10 Minutes of the Regular Session— February 22, 2001 ORDINANCE NO. 9116 AN ORDINANCE RENEWING THE CONTRACT OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL REPAIR CLAMPS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -THREE THOUSAND FIVE HUNDRED TWENTY -SEVEN AND 40/100 DOLLARS ($73,527.40); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9117 AN ORDINANCE ACCEPTING THE BIDS OF MATERA PAPER COMPANY AND GROVES INDUSTRIAL SUPPLY FOR THE ANNUAL JANITORIAL PRODUCTS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY THOUSAND THREE HUNDRED SIXTY - FOUR AND 95/100 DOLLARS ($30,364.95); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9118 AN ORDINANCE ACCEPTING THE BID OF PEDUS SERVICE FOR THE ANNUAL JANITORIAL AND CLEANING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -FOUR THOUSAND FIVE HUNDRED SEVENTY -TWO AND 60 /100 DOLLARS ($64,572.60); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1473 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE, TO SELL CERTAIN PROPERTIES AT A PUBLIC SALE PURSUANT TO SECTION 34.05 (C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1474 A RESOLUTION AUTHORIZING THE ' CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO SUBMIT A BUDGET FOR CONTINUED FUNDING OF THE VICTIMS OF CRIME ACT GRANT TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR FISCAL YEARS 2002 AND 2003; DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 16 of 10 Minutes of the Regular Session — February 22, 2001 City Manager's Report. Legislative Testimony IIB693tSB417 Following the Mayor's testimony, the Committee referred the bill to the Calendar. Next Tuesday, testimony will be offered before the Senate :Intergovernmental Affairs Committee. The Manager expressed his :appreciation to Representatives Bosse and Crabb and their staffs for assistance in working through issues involving the legislation. The filing period for candidates began on February 19 and will continue until March 21. One half of the Highway 146 on -ramp near Decker Drive has been printed. Business Toden, with articles concerning Baytown are at each Council member's place. Mayor Alfaro thanked staff for the assistance in preparation for his appearances before the Housc and Senate Committees. Adjournment. There being no fm'thcr business, Council Member Godwin moved adjournment. _ Council vlember Sheley seconded tire. motion. The vote follows: Ayes: Council Members Almendare,.Anderson, Godwin, Mundinger,.Murray and Sheley Mayor A] faro. Nays: None. The tnectiingadjourned at 6 :50 p.m. _...... j l Gap' W. Smith City Clerk 1111W