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
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