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2001 04 26 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 26, 2001 The City Council of the City of Baytown, Texas, met in regular session on April 26, 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 Godwin 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 special meeting held on April 12, 2001. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on April 12, 2001. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. The motion carried. Citizen Communications Robert Kelley, P. O. Box 1513, Baytown, having requested appear to request relief of ad valorem taxes for the Cedar Bayou Masonic Lodge 321 as an historic site, withdrew his request. Presentation of the OAK Awards For Teamwork -- Administrative: Nellie Aguilar of the Police Department had scheduled vacation for the week of Spring Break so she could spend time with her children. When Ms. Aguilar learned that a co- worker's father had been hospitalized, she cut her vacation short and returned to work to cover her co- worker's duties and to allow her co- worker to spend time with her hospitalized father. Page 2 of 7 Minutes of the Regular Session —April 26, 2001 According to the Oak Award Recognition Committee: Ms. Aguilar voluntarily sacrificed time with her family to help out a fellow employee. This is true teamwork — unselfishly working with others to achieve results. For Teamwork —Field Service: Juan Gracia, Jeff Becktold, Daniel Canto and James Haffert of Public Works/Drainage were recipients of the award for their assistance to two ladies trapped in a vehicle after an accident at Ferry Road and Highway 146. The ladies were trapped inside. Smoke and flames were coming from under the hood. The crew called for emergency assistance. Mr. Cantu retrieved a fire extinguisher while Mr. Becktold and Mr. Haffert pried open the hood of the car. They contained the fire while Mr. Gracia worked to get the driver to safety. They also helped direct traffic until help arrived. The Committee noted that these employees worked together to provide assistance beyond that normally expected and did the right thing in the situation. For Integrity— Public Safety: Sgt. David Alford, Sgt. Lori Laird, Sgt. Martha Treloar, Sgt. Keli Anderson, and Officers Randy Rhodes, Gordon Atkins, Hulen Bryant, Larry Aldrich, Al Amato, Maggie Hinojosa, and Clay Jarry of the Police Department were recognized for their participation in the Police Color/Honor Guard. They proudly represent the City and the Police Department at numerous functions, including funerals, flag raising ceremonies, and programs /presentations. All time and expense for participation is personally borne by these volunteers. They recently provided final honors to Assistant Chief Dabney and participated in the Changing of the Badges Ceremony. The Committee said: These individuals voluntarily give of themselves and their time to represent the City in a very professional manner. Consider approval of plans and specifications for 12 -inch Sjolander waterline and 15 -inch Rficcoon Sanitary Sewer Project and authorize advertisement for bids. The scope of work includes construction of approximately 7,000 linear feet of 12 -inch waterline along Sjolander Road between IH -10 and Archer Road. Work also includes approximately 4,000 linear feet of 15 -inch sanitary sewer along Raccoon Drive and Lynchburg -Cedar Bayou Road between Forest Gate Drive and Timber Ridge Road. The estimated construction cost is $651,760 and will be funded by 2000 Certificates of Obligation. The construction duration is 120 working days. Council Member Mundinger moved approval of the plans and specifications and authorization for advertisement for bids. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. The motion carried. Page 3 of 7 Minutes of the Regular Session —April 26, 2001 Consent Agenda: a. Proposed Ordinance No. 010426 -2, awards the demolition of three structures at 1200 North Main to All Texas Demolishing in the amount of $41,000. The Urban Rehabilitation Standards Review Board issued orders to demolish these structures. The structures include two commercial structures and one residential structure. Five bid packages were picked up and four were returned. b. Proposed Ordinance No. 010426 -3, awards the reconstruction project at 606 Denby Street to Jorge Alvarez Construction in the amount of $32,450. The property located at 606 Denby and its occupants have been approved for the housing rehabilitation/reconstruction program. The home is in such condition of disrepair that rehabilitation will not be cost effective. The Inspections Department condemned the home for electrical danger and substandard plumbing. Therefore, the home will be demolished and reconstructed. The new home will be 974 square feet with three bedrooms and one bath. The bid includes demolition, removal and asbestos abatement. Six bid packets were picked up and six contractors attended the mandatory prebid meeting. Four bids were returned. Two contractors turned in a no -bid. C. Proposed Ordinance No. 010426 -4, awards the annual plastic garbage bag contract to Bemis Company, Inc., in the amount of $86,184. Invitations to bid were mailed to nine bidders and we received seven responses. Two bids, Gulf Coast Bag Company and DSA Company, were received after the bid opening. The price per roll is $3.99 for the same quantities as last year, 21,600 rolls. The price per roll last year with H -GAC (Bemis Company) was $3.06 inclusive of fee. This year's price per roll is a 30% increase compared to last year's price per roll. Raw products such as resin have increased in the market continuously since January 2001. H -GAC has contracted with All American Poly this year. H -GAC's quote was $4.60 per roll plus the H -GAC fee. In order to obtain quality plastic bags of 2 mil thickness, each roll must weigh 7.5 lbs. minimum exclusive of the core. Bogel Sales, low bidder, and Stewarts Packaging bid a range of 7 to 8 lbs. per roll. These companies do not meet specifications requiring a minimum of 7.5 pounds per roll. d. Proposed Ordinance No. 010426 -5, authorizes a contract with the YMCA of the Greater Houston Area for Youth Summer Recreation Programs in the amount of $15,310 (an increase of approximately $788 over last year). The programs are operated by the Baytown YMCA. For the last eight years, the City has had a contract with the YMCA for this program, which has been very successful. The YMCA has the available resources, including vans for transporting participants and an outreach coordinator, who will supervise the programs. The agreement includes Tennis Program, a Parks Program, a Camp Fun Special Population Program working with the physically challenged, and a Summer Day Camp Program. For more details of the programs, see Exhibits "A" and "B" attached to the proposed ordinance. e. Proposed Ordinance No. 010426 -6, authorizes the City of Baytown to be a cooperative member in the Texas Local Government Statewide Purchasing Cooperative (referred to as the Buy Board). The Buy Board is a joint project of the Texas Association of School Page 4 of 7 Minutes of the Regular Session —April 26, 2001 Boards, the Texas Municipal League, and the Texas Association of Counties. The annual fee for participation is $200. Proposed Resolution No. 010426 -1, requests 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 unimproved, undeveloped property: (1) Property Address: Landlocked on Cedar Bayou near Forest Hollow Street Legal Description: 1/60' undivided interest in Tract 81 (6.33 acres) Chambers County, Abstract 5 Bloodgood (2) Property Address: Landlocked on Cedar Bayou near Forest Hollow Street, Legal Description: Tract 82 -0, Chambers County, Abstract 5 Bloodgood — 1 acre Mayor Alfaro announced that items b and d were withdrawn from consideration on the Consent Agenda. Council Member Sheley moved approval of items a, c, a and f on the Consent Agenda. 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. 9148 AN ORDINANCE ACCEPTING THE BID OF ALL TEXAS DEMOLISHING FOR THE DEMOLITION OF STRUCTURES; AUTHORIZING EXECUTION OF A CONTRACT FOR THE SUM OF FORTY -ONE THOUSAND AND N01100 DOLLARS ($41,000.00); MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. ORDINANCE NO. 9149 AN ORDINANCE ACCEPTING THE BID OF BEMIS COMPANY, INC., FOR THE ANNUAL PLASTIC GARBAGE BAG CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF EIGHTY -SIX THOUSAND ONE HUNDRED EIGHTY -FOUR AND NO /100 DOLLARS ($86,184.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 7 Minutes of the Regular Session —April 26, 2001 ORDINANCE NO. 9150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ELECTING TO BE A COOPERATIVE MEMBER IN THE TEXAS LOCAL GOVERNMENT STATEWIDE PURCHASING COOPERATIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL PARTICIPATION AGREEMENT CONCERNING THE COOPERATIVE PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1486 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. Appoint Interim Associate Municipal Judge(s). Council Member Almendarez moved the appointment of Robert Barfield as the interim Associate Municipal Judge. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, and Murray Mayor Alfaro. Nays: Sheley. The motion carried. City Manager's Report. Early voting continues until Tuesday, May 1 at 5:00 p.m. New employees Bill Pedersen, City Engineer; Tony Gray, Environmental Health Coordinator; and Bill Dupont, Neighborhood Protection Coordinator, were introduced. The property in Cedar Crossing for the Home Depot distribution warehouse has been purchased. The City Picnic on May 19 was announced. The Arbor Day celebration will be held at the George and Freda Chandler Arboretum on Saturday, April 28. Page 6 of 7 Minutes of the Regular Session —April 26, 2001 Hold a public hearing on the proposed amendment to Chapter 126 "Subdivision," Article IV "Improvements," Division 1 "Generally," Section 126456 "Guarantee" of the Code of Ordinances, prescribing when a guarantee will be required, at 6:45 p.m. Mayor Alfaro called the public hearing to order at 6:45 p.m. City Manager, Monte Mercer, explained the proposed amendment as follows: This proposed amendment would not require a developer to issue a letter of guarantee that all materials and workmanship in connection with the required improvements are free of defects for a period of one year after their acceptance unless the improvements covered by the guarantee: (1) are in a subdivision within the city limits; or (2) are in a subdivision within the extraterritorial jurisdiction of the city and either: a. within an area listed in the City's annexation plan to be annexed during the guarantee period; or b. otherwise scheduled to be annexed within the guarantee period. On March 21, 2001, the Growth Management and Development Advisory Commission reviewed the proposed change and unanimously recommend the same to the City Council. No one signed to speak during the public hearing. The public hearing was closed at 6:47 p.m. Consider Proposed Ordinance No. 010426 -1, amending Chapter 126 "Subdivision," Article IV "Improvements," Division 1 "Generally," Section 126456 "Guarantee" of the Code of Ordinances, prescribing when a guarantee will be required. This proposed amendment would not require a developer to issue a letter of guarantee that all materials and workmanship in connection with the required improvements are free of defects for a period of one year after their acceptance unless the improvements covered by the guarantee: (3) are in a subdivision within the city limits; or (4) are in a subdivision within the extraterritorial jurisdiction of the city and either: c. within an area listed in the City's annexation plan to be annexed during the guarantee period; or d. otherwise scheduled to be annexed within the guarantee period. On March 21, 2001, the Growth Management and Development Advisory Commission reviewed the proposed change and unanimously recommend the same to the City Council. Council Member Murray moved approval of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. Page 7 of 7 The motion carried. Minutes of the Regular Session —April 26, 2001 ORDINANCE NO. 9151 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE IV "IMPROVEMENTS," DIVISION I "GENERALLY," SECTION 126 -456 "GUARANTEE" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO PRESCRIBE WHEN A GUARANTEE WILL BE REQUIRED; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Adjourn. There being no further business, Council Member Almendarez moved adjournment of the meeting. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley Mayor Alfaro. Nays: None. The meeting adjourned at 6:17 p.m. it G W. Simith City Clerk CITY OF BAYTOWN TABULATION TITLE: ANNUAL PLASTIC GARBAGE BAGS CONTRACT BID u: 045 -01 DATE: APRIL 16, 2001 @ 2:00 P.M. Contract Term: May 1, 2001, through April 30, 2002 LAST YEAR S BlD: The price of resin has continued to increase in the mazke[ since January 2001. Mailed 9 bids and received 7 responses. Two bids were received after the bid opening (Gulf Coast Bag Company and DSA Company). NGAC contract this year is with All American Poly. The NGAC quote was $4.60 per roll plus the HGAC fee. slh /Ol G GARBAGE BAGS coundl TABULATION r revised.xls REVISED N1 ` DYNA -PAK STEWARTS NGAC CONTRACT ALL AhfERICAN POLY BEMIS CONfPANY,INC. BOGEL SALES, N'C. CORPORATION PACKAGBJG,[NC. BEMIS COMPAN$INC. UNfr PRICE EXT. PRICE UNrr 1'illCr: EXT. PRICE fIMT PRICE IXT. PRICE UNIT PLACE EXT. PRCE UNrr PRICE EXT. PRICE UN(TPR/CE £XI:PWCf NO. QTY. I1NIT DESCRIPTION AWARD TO BEM /S Garbage Bags, pricing per each roll. Each roll has 52 bags. Bags are 2 mil, black gusuled, 30 gallons capecilY. Each roll exclusive of core weigh 1 21,600 rolls 7.5 pounds minimum. 4.30 92,880.00 3.99 8(,184.00 3.94 65,104.00 4.13 89,208.00 4.10 88,560.00 3.06 66,096.00 Minimum roll Minimum roll weight weight mus[be 7.5 must 6e 7.S lbs. lbs. Bogel Stewarts specked 7 specified 716s Ibs possible possible minimum minimum which is which is unacceptable. unacceptable. The price of resin has continued to increase in the mazke[ since January 2001. Mailed 9 bids and received 7 responses. Two bids were received after the bid opening (Gulf Coast Bag Company and DSA Company). NGAC contract this year is with All American Poly. The NGAC quote was $4.60 per roll plus the HGAC fee. Page 1 of 1 4/24/2G� .1:a1 AM slh /Ol G GARBAGE BAGS coundl TABULATION r revised.xls REVISED N1 ` `, P