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2001 03 22 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 22, 2001 The City Council of the City of Baytown, Texas, met in regular session on March 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 Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The meeting was opened with a quorum present and Council Member Mundinger led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes for the work session and regular meeting held on March 8, 2001. Council Member Sheley moved approval of the minutes of the work session and regular meeting held on March 8, 2001. Council Member Mundinger 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. 010322 -1, awarding the State Highway 146 Lift Station and Force Main contract. Proposed Ordinance No. 010322 -1, awards the State Highway 146 Lift Station and Force Main in the amount of $649,412 to Angel Brother Enterprises, Inc. Five potential bidders attended the mandatory prebid meeting and we received 2 bids. Angel Brothers Enterprises was the lowest responsible bidder. The scope of work includes construction of a lift station and force main to increase sanitary sewer capacity along SH 146 between I -10 and the existing 18 -inch sewer line located south of Pinehurst II Subdivision. The engineer estimated construction costs to be $530,000. Construction duration is 180 calendar days and will be funded by Water & Sewer CIPF. Council Member Almendarez moved approval of the ordinance. Council Member Mundinger seconded the motion. The Council expressed disappointment over the difference between the engineer's estimate and the bids received. Although similar differences in the past have resulted in rebidding, the City Page 2 of 8 Minutes of the Regular Session —March 22, 2001 Manager explained that a thorough review of the circumstances support the belief that no benefit would come from rejection of the bids and rebidding the project. The estimate was prepared by the engineers contracted to design the project. The difficulties of the project were made known to the Architect and Engineer Committee when the job was reviewed. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9130 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, INC., FOR THE STATE HIGHWAY 146 LIFT STATION AND FORCE MAIN PROJECT; AUTHORIZING PAYMENT OF THE SUM OF SIX HUNDRED FORTY -NINE THOUSAND FOUR HUNDRED TWELVE AND NO /100 DOLLARS ($649,412.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 010322 -2, awarding proposal for inmate telephone services for the Baytown City Jail. Proposed Ordinance No. 010322 -2, awards a proposal to Inmate Communications, Inc., to provide inmate telephone services for the Baytown City Jail. Requests for proposals were sent to six service providers. One proposal was received. Inmate Communications, Inc., has agreed to pay to the City of Baytown a commission of 50% gross revenue, in addition to providing payment in the form of a grant to Crime Prevention for $6,000.00. This contract term is for five years with one five -year renewal option. Council Member Almendarez moved approval of the ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Murray and Sheley Mayor Alfaro. Nays: None. Abstentions: Council Member Mundinger. The motion carried. ORDINANCE NO. 9131 AN ORDINANCE ACCEPTING THE PROPOSAL OF INMATE COMMUNICATIONS, INC., TO PROVIDE INMATE TELEPHONE SERVICES FOR THE BAYTOWN CITY JAIL; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 3 of 8 Minutes of the Regular Session —March 22, 2001 Consider Proposed Ordinance No. 010322 -3, authorizing an Interlocal Contract with the Texas Natural Resource Conservation Commission for a grant from the Galveston Bay Estuary Program for construction of San Jacinto Point Marsh Area Phase II. Proposed Ordinance No. 010322 -3, authorizes an Interlocal Contract with the Texas Natural Resource Conservation Commission for a grant from the Galveston Bay Estuary Program for construction of San Jacinto Point Marsh Area Phase II. The City of Baytown applied for a $25,000 grant in November 2000. This agreement sets forth the terms and conditions for the administration of this grant. The grant monies are to be used to educate 86 junior school students about the Galveston Bay's ecosystem and the Baytown Nature Center's role in this ecosystem. Additionally, the funds will be used for creating and planting a 1.5 -acre salt marsh wetlands in the San Jacinto Point area. The marsh will be built as part of the Texas Parks and Wildlife Department's grant project later this summer. There is no match required. Council Member Murray moved approval of the ordinance. Council Member Mundinger 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. 9132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL CONTRACT WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR A GRANT FROM THE GALVESTON BAY ESTUARY PROGRAM FOR CONSTRUCTION OF SAN JACINTO POINT MARSH AREA PHASE H; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda. a. Proposed Ordinance No. 010322 -4, awards the housing rehabilitation project for 404 W. Humble to E.T.H.E Group in the amount of $24,893. Four bid packets were picked up, and four contractors attended the mandatory pre -bid meeting. Only contractors who have attended the training in "Safe Work Practices" and mandatory pre -bid conference were eligible to bid on this project. One bid was returned and two were returned as no -bids. The no -bids stated that there was not sufficient funding budgeted for the project. The home is over sixty years old. Most major items will be replaced, including plumbing, foundation and roof. Reduction of lead will also be included to comply with HUD regulations. Page 4 of 8 Minutes of the Regular Session —March 22, 2001 b. Proposed Ordinance 010322 -5, provides for the inspection of tow trucks by the Chief of Police or his designee. While the city garage superintendent has diligently performed the initial and annual inspections of the tow trucks that are licensed for police initiated tows, greater convenience would be provided by the inspection of the tow trucks by the DOT Division of the Police Department. The DOT Division will be able to schedule an appointment with each licensed operator to inspect all tow trucks at the same time at the operator's facility. This will avoid the stream of tow trucks through the city garage facility each December. By scheduling appointments, the inspections can be accomplished at the convenience of both the operator and the DOT Division. The simultaneous inspection of all of the operator's licensed vehicles will help insure that each truck is equipped with all the required equipment. The DOT officers are trained in the inspection of vehicles in safety- related matters and would be able to use this expertise to assist the operators in safely and properly maintaining their vehicles. The Tow Truck Committee unanimously recommended this amendment at their meeting on January 31, 2001. C. Proposed Ordinance No. 010322 -6, awards the annual vacant lot mowing contract, Item #1 to Niederhofer Enterprises, Inc. in the amount of $6,000; and Items #2, 3 and 4 to Miracle Maintenance Concepts in the amount of $74,375 for a total award of $80,375. Invitations to bid were mailed to eleven contractors. We received four responses including a no -bid from Eloy Rodriguez, the previous contractor. Other companies did not respond because they were not interested in performing this type of service. Eloy Rodriguez could not hold his pricing because of the higher fuel costs. In addition, he was not willing to perform detail work to property to be mowed as described in the specifications. An item has been added for larger properties with the compensation provided per acre. Each item of this contract was bid separately to obtain more competition. This contract will require litter and debris removal prior to mowing, curb /sidewalk edging and perimeter /tree trimming (weed - eating). The anticipated increase in volume and the increased requirements respond to City Council's priority for beautification and has resulted in a 17.9% cost increase. This contract is used by the Health Department for the vacant lot mowing program. Funding is available from the general fund and Community Development Block Grant funds. d. Consider Proposed Resolution No. 010322 -2, requesting the sheriff or constable to sell certain property 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 property: Page 5 of 8 Minutes of the Regular Session —March 22, 2001 Property Address: Legal Description: Number and Style of Suit: 412 Willow Lane, Baytown, Texas 77520 Lot 21, Blk. 51; Lakewood Cause No. 1992 - 03559; City of Baytown v. Marie C. McAlpin; In the 1 It" Judicial District Court, Harris County, Texas The date of the Tax Foreclosure Sale was April 1, 1997. The right of redemption has expired on the property. The property contains no improvements. Council Member Murray moved approval of the Consent Agenda, items a through d. Council Member Mundinger 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. 9133 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 01 -01 TO E.T.H.E. GROUP FOR THE SUM OF TWENTY - FOUR THOUSAND EIGHT HUNDRED NINETY -THREE AND NO /100 DOLLARS ($24,893.00); AUTHORIZING PAYMENT THEREOF; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9134 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III "TOW TRUCKS," DIVISION 3 "PERMIT," SECTION 102- 196 "APPLICATION," SUBSECTION (B)(9) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PROVIDE FOR INSPECTION OF TOW TRUCKS BY THE CHIEF OF POLICE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9135 AN ORDINANCE ACCEPTING THE BIDS OF NIEDERHOFER ENTERPRISES, INC., AND MIRACLE MAINTENANCE CONCEPTS FOR THE ANNUAL VACANT LOT MOWING CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF EIGHTY THOUSAND THREE HUNDRED SEVENTY -FIVE AND NO /100 DOLLARS ($80,375.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 8 Minutes of the Regular Session —March 22, 2001 RESOLUTION NO. 1478 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. Consider appointments to Tow Truck Committee. The terms of Lewis E. McRee, Mercedes Renteria, and Jim Seth on the Tow Truck Committee expire April, 2001. Mr. McRee was appointed to the Committee on February 23, 1995. Mr. Renteria and Mr. Seth were appointed on July 8, 1999. Although the Committee has met irregularly, they have attended the meetings held during their tenure. Each has agreed to serve if reappointed. Council Member Sheley moved reappointment of Jim Seth, Mercedes Renteria and Lewis McRee. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. The motion carried. City Manager's Report. Budget priority work session. The budget priority questionnaires have been delivered to City Council. Council is requested to complete the questionnaires and return them to the City Clerk by April 6. The issues concerning the census data are being handled through the Planning Department. A Special Council Meeting has been called for Monday, March 26, 2001, at 4:30 p.m. concerning the vacancy in the position of Municipal Court Judge and the resolution on redistricting. The Trash Off/Trash Bash will be held on March 31. The Special Olympics will be held on April 7. On Thursday, March 22, 2001, the Texas Natural Resource and Conservation Commission announced that the City of Baytown had been selected as the winner of the governmental award for the 2001 Texas Environmental Excellence Awards. The award recognized the extensive Page 7 of 8 Minutes of the Regular Session —March 22, 2001 community involvement, the support from local industries and the dedication of the Parks Department personnel in the development of the Eddie V. Gray Wetlands Education & Recreation Center, the Goose Creek Stream Greenbelt, the Baytown Nature Center, and the George and Freda Chandler Arboretum. Hold a public hearing concerning the guidelines and criteria for the creation of a voting plan for the City of Baytown at 6:45 p.m. At 6:45 p.m. Mayor Alfaro called to the order the public hearing on the guidelines and criteria to be considered in the development of a voting plan for the City of Baytown. No one signed the list to speak. At 6:47 p.m., Mayor Alfaro closed the public hearing. Consider Proposed Resolution 010322 -1, establishing criteria for the creation of a voting plan for the City of Baytown. The proposed criteria provide the best opportunity for the redistricting decision to withstand the scrutiny of the Department of Justice and challenges that could be raised by interested parties. The criteria are as follows: • Where possible, use easily identifiable geographic boundaries as district boundaries; • Maintain communities of interest in a single district and avoiding splitting neighborhoods when drawing district boundaries; • Use whole county voting precincts when drawing districts; • Base the new plan, to the extent possible, on the existing council districts; • Draw districts that are relatively equal in size and that in no event exceed a ten percent top to bottom deviation; • Draw districts that are compact and contiguous; • Recognize incumbent- constituency relations by keeping existing members of the council in their districts; • Narrowly tailor the plan to avoid retrogression in the position of racial minorities and language minorities as defined in the Voting Rights Act with respect to their effective exercise of the electoral franchise. Council Member Ahnendarez moved approval of the ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. The motion carried. Page 8 of 8 Minutes of the Regular Session —March 22, 2009 +�vn RESOLUTION NO. 1479 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING CRITERIA FOR DEVELOPMENT AND EVALUATION OF A VOTING PLAN FOR THE CITY OF BAY TOWN, TEXAS; AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE ^. THEREOF. Adjourn. There being no further busiiiess, Council Mcuiber Mundinger moved adjournment of [lie meeting. Council Member Slicley seconded the motion. The vote Follows: Ayes: Council Memlwrs A]tnendarcc, Anderson, Godvx,in, Muirrlingur, iMuiray and SGelcy Mayor Al faro. Nays: None. The meeting adjourned at 6:49 pan. (Cary N S tv th - -- City Clerk v. Proposal For S.H. 146 Lift Station and Force Main For City of Baytown Job No. 99 -3060 � tem No. Item Quantities Unit � Angel Brothers RWL Construction 1 4" SDR 26 PVC Force Main Sewer, All Cuts 10 L.F. $20.00 $200.00 $100.00 $1,000.00 2 8" SDR 26 PVC Force Main Sewer, All Cuts 1,430 L.F. $22.00 $31,460.00 $35.00 $50,050.00 3 12" SDR 26 PVC Farce Main Sewer, All Cuts 2,505 L.F. i $36.00 $90,180.00 $50.00 $125,250.00 4 8" SDR 26 PVC Force Main Sewer, Tunnel Construction with 18" Steel Casing and Restrained Joints 120 L.F. $150.00 $18,000.00 $165.00 $19,800.00 5 12" SDR 26 PVC Force Main Sewer, Tunnel Construction with 18" Steel Casing without Self - Restraints 110 L.F. $275.00 $30,250.00 $300.00 $33,000.00 6 8" SDR 26 PVC Force Main Sewer, Auger Construction 240 L.F. $51.00 $12,240.00 $75.00 $18,000.00 7 l2" SDR 26 PVC Force Main Sewer, Au er Construction 785 L.F. $61.00 $47,885.00 $85.00 $66,725.00 8 Sanitary Sewer Manholes, Precast Concrete, All De the 1 I EACH $1,600.00 $17,600.00 $2,500.00 $27,500.00 9 Double Drop Manhole for 2 -6" Force Mains including All Connections, Cast Iron Joints, Pipe, and Manhole 1 EACH $7,000.00 $7,000.00 $5,000.00 $5,000.00 10 Complete Lift Station with Valve Vault and Pumps, 30 hp Electric Motors, Control Panel, and All Necessary Piping, Paving, LS ALL $355,000.00 $355,000.00 $371,400.00 $371,400.00 11 Trench Excavation Protection, 5' - 10' de th 2,885 L.F. $0.20 $577.00 $5.00 $14,425.00 12 Trench Excavation Protection, 10' - 15' de th 1070 L.F. $1.00 $1,070.00 $10.00 $10,700.00 13 Cement Stabilized Sand for Miscellaneous Use as Directed by the Engineer 200 TON $10.00 $2,000.00 $20.00 $4,000.00 14 Clear and Grub Existing Tree Line 6.5 STA $1,500.00 $9,750.00 $100.00 $650.00 IS 6" x 4" Reducer with Restraints, Mechanical Joint 1 EACH $250.00 $250.00 $300.00 $300.00 l6 12" x 8" Reducer, Mechanical Joint with Restraints 1 EACH $SSO.QO $550.00 $500.00 $500.00 17 4" - 45 De . C.1. Bends, Mechanical Joint with Restraints 2 EACH $200.00 $400.00 $250.00 $500.00 Proposal Far S.H. 146 Lift Station and Force Main For City of Baytown Job No. 99 -3060 i tem No. Item Quantities Unit Angel Brothers RWL Construction 18 8" - 45 Deg. C.I. Bends, Mechanical Joint with Restraints 14 EACH $350.00 $4,900.00 $300.00 $4,200.00 19 6" - 90 Deg. C.I. Bends, Mechanical Joint with Restraints 2 EACH $250.00 $500.00 $300.00 $600.00 20 Crushed Limestone Base 30 TON $20.00 $600.00 $25.00 $750.00 21 Class D HMAC 10 TON $80.00 $800.00 $100.00 $1,000.00 22 Removal and Replacement of Chain Link Fence 310 L.F. $20.00 $6,200.00 $20.00 $6,200.00 23 Removal and Replacement of Barb Wire Fence 500 L.F. $4.00 $2,000.00 $8.00 $4,000.00 24 Well Pointing as Needed and Directed by the Engineer 1,000 L.F. $1.00 $1,000.00 $5.00 $5,000.00 25 Fertilize 8t Seed HL &P's Easement from STA 12 + 83 to STA 16 + 67 500 S.Y. $1.00 $500.00 $3.00 $1,500.00 26 Traffic Control ALL LUMP SUM $8,000.00 $8,000.00 $6,000.00 $6,000.00 27 Investigate by uncovering the 3" and 30" Midcon Pipelines north of the Railroad 1 LUMP SUM $500.00 $500.00 $17,500.00 $17,500.00 Total Estimated Constroctlon Cost $649,412.00 $795,550.00 _. CITY OF BAYTOWN TABULATION TITLE: ANNUAL VACANT LOT MOWING SERVICES CONTRACT BID #: 038 -01 "Items may be awarded separately" DATE: MARCH 13, 2001 2:00 P.M. Contract Term: from date of award through March 31, 2002 (with four renewal options) LAST YEAR'S BID: NO. QTY. UNIT DESCRIPTION MIRACLE MAINTENANCE CONCEPTS NIEDERHOFER ENTERPRISES, INC. TIFS BRUSHHOGGING ELOYRODRIQUBZ unit price iRCr@8SB/ decre8se UNIT PRICE EXT. PRICE UNIT PRICE EX7'. PRICE UNIT PRICE EXT. PRICE UNIT PRICE EY7: PRICE Man -hour includes special requests for miscellaneous l 300 hours cleanup, per specifications. 45.00 13,500.00 20.00 6,000.00 38.75 11,625.00 19.95 S,98S.Ot) 0.1506% Charge to mow, edge, weedeat, etc., per specifications for lot with no structure (less than 112 2 500 lots acre) 50.00 25,000.00 82.50 41,250.00 98.00 49,000.00 14.95 7,475.00 234.4482% Charge to mow, edge, wccdeat, etc., per specifications for lot 3 700 lots with structure (less than 1/2 acre) 56.25 39,375.00 82.50 57,750.00 88.00 61,600.00 34.95 24,465.00 60.9442 % Charge to mow acreage (112 acre 4 200 acres or more), per specifications. 50.00 10,000.00 60.00 12,000.00 85.00 17,000.00 - LOCATION.• BAYTOWN, TEXAS BAYTOWN, TEXAS BAYTOWN, TEXAS TOTALS: � �4,3�s.00 �� 6,000.00 122,22s.QO 37,92s.00 RECOMMENDED AWARD TOTAL IS $80,375.00 sIh/03 .VACANT LOT MOWING TABULATION Pane+ t of 9 3H Q� � � •d4 nM