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