2001 05 24 CC MinutesW
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 24, 2001
The City Council of the City of Baytown, Texas, met in regular session on May 24,
2001, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the
following in attendance:
Victor Almendarez
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Ronnie Anderson
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 following Council Member was absent:
Scott Sheley Council Member
The meeting was opened with a quorum present and Council Member Almendarez 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 May
10, 2001.
Council Member Murray moved approval of the minutes. The motion was seconded by
Council Member Mundinger. The vote follows:
Ayes: Council Members Mundinger, Murray and Godwin
Mayor Alfaro
Nays: None.
Abstentions: Council Members Almendarez and Anderson.
The motion carried.
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Minutes of the Regular Session —May 24, 2001
Consider Ordinance No. 010524 -1, establishing the time, date and place of a public
hearing on the creation of Tax Increment Reinvestment Zone No. 1, comprising 350
acres near the intersection of Garth Road and Interstate Highway 10, authorizing
publication of the notice, and authorizing notice to taxing entities and presentations.
Proposed Ordinance No. 010524 -1, establishes the time, date and place for a public
hearing concerning the creation of Tax Increment Reinvestment Zone No. 1, comprised
of 350 acres near the intersection of Garth Road and Interstate Highway 10, authorizes
publication of the notice, and authorizes notice to taxing entities and presentations. The
hearing will be at 6:45 p.m., Thursday, July 26, 2001, in the Council Chamber. Texas
Tax Code, Section 311.003 requires the City Council to hold a public hearing on the
creation of the zone and its benefits to the municipality and to property in the proposed
zone. At the hearing interested persons may speak for or against the creation of the zone,
its boundaries, or the concept of tax increment financing. Notice of the hearing must be
published in the Baytown Sun not later than the seventh day before the date of the public
hearing and this ordinance authorizes the City Clerk to publish the notice. The proposed
ordinance authorizes the City Manager to provide the requisite 60 -day notice of the
taxing entities and make the mandatory presentations.
Council Member Mundinger moved approval of the ordinance. Council Member
Almendarez seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Murray and
Mundinger
Mayor Alfaro
Nays: None.
The motion carried.
ORDINANCE NO. 9161
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING CONCERNING
THE CREATION OF REINVESTMENT ZONE NUMBER ONE, CITY OF
BAYTOWN AND ITS BENEFITS TO THE CITY AND TO THE PROPERTY
WITHIN THE ZONE; AUTHORIZING THE CITY CLERK TO PUBLISH NOTICE OF
SUCH PUBLIC HEARING; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO GIVE NOTICE AND MAKE PRESENTATIONS AS REQUIRED BY
THE TAX INCREMENT FINANCING ACT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 3 of 3
Minutes of the Regular Session —May 24, 2001
Consider Proposed Ordinance 010524 -2, authorizing an interlocal agreement with
Missouri City for concrete raising services.
Proposed Ordinance No. 010524 -2, authorizes an Interlocal Agreement with Missouri
City for Concrete Raising Services with Concrete Raising Corporation of Texas (CRC)
for the Public Works Department. This interlocal agreement will allow the Public Works
Department to operate a pilot program to raise concrete surfaces to the proper grade
without the replacement of the surface. The pilot program will not last longer than
October 31, 2001. Funding is available in the Street/Sidewalk replacement account. The
project unit prices will be as follows:
Roadway (average void of 2 ") S 16.75 /linear ft.
Large Concrete Slabs 2.55 /square ft.
Sidewalks 8.00 /linear ft.
Council Member Almendarez moved approval of the ordinance. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Murray and
Mundinger
Mayor Alfaro
Nays: None.
The motion carried.
ORDINANCE NO. 9162
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND
THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO
AN INTERLOCAL AGREEMENT WITH THE CITY OF MISSOURI CITY FOR THE
ANNUAL CONCRETE RAISING SERVICES; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 010524 -3, approving Change Order No. 2 to the
contract and final payment on Work Order 8 and acceptance of the work on the
Annual Sanitary Sewer Rehabilitation Project – Year 2000.
Proposed Ordinance No. 010524 -3, approves Change Order No. 2 in the amount of
$16,090.65, approves final payment on Work Order 8 of $96,343.40 to P.M. Construction
and Rehabilitation, L.P., and accepts the Annual Sanitary Sewer Rehabilitation Project –
Year 2000. The cost increase was largely due to additional pavement removal and
replacement required on Work Order 8, which was unanticipated. The original contract
was for $848,800 and Change Orders No. 1 and 2 adjust the final contract amount to
$878,890.65, which represents a 3.5% increase. The contract's original duration was 365
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Minutes of the Regular Session —May 24, 2001
calendar days and the contractor completed the work in 312 calendar days. This work
was funded by 2000 Certificates of Obligation.
Council Member Almendarez moved approval of the ordinance. Council Member
Anderson seconded the motion. City Manager Mercer explained that the Interlocal
Agreement will allow the City to operate the pilot program without the necessity and
expense of public bidding. If the pilot program is successful, competitive bids will be
sought. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Murray and
Mundinger
Mayor Alfaro
Nays: None.
The motion carried.
ORDINANCE NO. 9163
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 AND FINAL
PAYMENT ON WORK ORDER NO. 8 WITH P.M. CONSTRUCTION AND
REHABILITATION, L.P., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR
THE ANNUAL SANITARY SEWER REHABILITATION CONTRACT - YEAR 2000;
AUTHORIZING FINAL PAYMENT OF THE SUM OF NINETY -SIX THOUSAND
THREE HUNDRED FORTY -THREE AND 40/100 DOLLARS ($96,343.40) TO P.M.
CONSTRUCTION AND REHABILITATION, L.P., FOR SAID PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 010524-4, awarding contract and deduct Change
Order No. 1 for the construction of portions of the Baytown Nature Center.
Proposed Ordinance No. 010524 -4, awards the contract to D & W Contractors, Inc. in the
amount of $574,590 and approves deduct Change Order No. 1 in the amount of $50,000
for the construction of portions of the Baytown Nature Center. One bid was received.
One bid was received after the deadline and was disqualified. The project will include
the construction of several items in the Nature Center including walking trails, parking
lots, a 600 foot surge barrier and wetlands creation at San Jacinto Point, two fishing piers,
picnic sites, benches, salt -water marsh observation platform, a 1 %2 acre fresh -water pond
with an observation platform, a butterfly/hummingbird garden, fitness stations, and an
educational pavilion at Wooster Point. Construction is expected to take 150 working
days. Deduct Change Order No. 1 will reduce the contract amount by $50,000 by
deleting the horseshoe pits, picnic tables and benches, and landscaping and plant
materials in the butterfly gardens from the site amenities allowances. $125,000 will
come from the 1999 CO Bond Program, $370,000 from a Texas Parks and Wildlife
Grant, $15,000 from a Galveston Bay Estuary Program Grant, and $14,590 in donations.
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Minutes of the Regular Session —May 24, 2001
Our architect, Bob Randall of Randall/Porterfield Architect Inc., has reviewed the bid and
recommends approval.
Council Member Murray moved approval of the ordinance. Council Member Mundinger
seconded the motion. City Manager Mercer explained that the contractor proposed for
the project has successfully completed several projects for the City and the bid submitted
was reasonable in comparison to the architect's estimates. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Murray and
Mundinger
Mayor Alfaro
Nays: None.
The motion carried.
ORDINANCE NO. 9164
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH D & W
CONTRACTORS, INC., FOR THE CONSTRUCTION OF PORTIONS OF THE
BAYTOWN NATURE CENTER; AUTHORIZING DEDUCT CHANGE ORDER NO.
# 1 WITH D & W CONTRACTORS, INC., DELETING FROM THE SCOPE OF
WORK SITE AMENITIES ALLOWANCES; AUTHORIZING PAYMENT OF THE
SUM OF FIVE HUNDRED TWENTY -FOUR THOUSAND FIVE HUNDRED
NINETY AND N01100 DOLLARS ($524,590.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consent Agenda:
a. Proposed Ordinance No. 010524 -5, awards the first year renewal of the
annual Residential Solid Waste Collection and Disposal Services
contract with Waste Management of Texas in the amount of
$1,629,678.96. Waste Management submitted a written request to renew
the current contract with the allowable CPIU increase. Based on a 3.3%
CPIU, the unit price is $8.19 per residential unit for 16,582 residential
units. The monthly cost is $135,806.58. The current year unit price is
$7.93 per residential unit per month based on 16,500 residential units.
The Consumer Price Index for all Urban Areas (CPIU) is an economic
indicator most widely used to measure inflation for prices of goods
and services purchased for consumption by urban households. The
CPIU is an average based on the previous 12 months.
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Minutes of the Regular Session —May 24, 2001
b. Proposed Ordinance No. 010524 -6, awards the first renewal of the
annual Recycling Center Services contract to Waste Management of
Texas in the amount of $68,760. Waste Management has submitted a
written request to renew the current contract for the same pricing, terms
and conditions. The monthly charge for operation of the Recycling
Center is $2,850. The monthly cost for 12 hauls per month is $2,880 and
the price per haul is $240.
C. Proposed Ordinance No. 010524 -7, authorizes a contract with 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.
d. Proposed Ordinance 010524 -8, renews the traffic signal repair services
contract with Southwest Signal Supply, Inc. in the amount of $25,000.
Southwest Signal Supply submitted a written request to renew the
contract for the same pricing, terms and conditions. Quantities remain
the same. This contract will be used for miscellaneous traffic signal
repair services for various locations throughout the city.
e. Proposed Ordinance 010524 -9, abandons a five -foot utility easement
between Lots 2 and 3 in Block 1 of Forest Gate Subdivision. Mark
and Nan Tiller own both lots and desire to build a new home utilizing
both lots. This abandonment will allow the Tillers to build their home
on both lots. There are no utilities in the easement. Reliant Energy
has released their interest in the easement. No other utility has raised
any objection to the abandonment. Pursuant to our policy, upon
approval by City Council, the easement will be abandoned and
conveyed by quitclaim deed upon payment by the Tillers of the fair
market value of the easement. The proposed ordinance authorizes
execution and delivery of the deed upon payment.
f. Proposed Resolution No. 010524 -1, calls a special council meeting for
Tuesday, June 5, 2001 at 8:00 a.m. to canvass the returns of the June 2,
2001 run -off election. The Texas Election Code requires the
governing body to canvass the returns of an election no sooner than
two days, nor more than six days, after the date of the election.
IN
Page 7 of 7
Minutes of the Regular Session —May 24, 2001
Council Member Almendarez moved approval of the consent agenda, items a through f.
Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Murray and
Mundinger
Mayor Alfaro
Nays: None.
The motion carried.
ORDINANCE NO. 9165
AN ORDINANCE RENEWING THE CONTRACT OF WASTE MANAGEMENT OF
TEXAS FOR THE ANNUAL SOLID WASTE COLLECTION AND DISPOSAL
SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF ONE MILLION SIX HUNDRED TWENTY -NINE
THOUSAND SIX HUNDRED SEVENTY -EIGHT AND 96/100 DOLLARS
($1,629,678.96); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9166
AN ORDINANCE RENEWING THE CONTRACT OF WASTE MANAGEMENT OF
TEXAS FOR THE ANNUAL RECYCLING CENTER SERVICES CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -
EIGHT THOUSAND SEVEN HUNDRED SIXTY AND NO /100 DOLLARS
($68,760.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9167
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND
THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO
A CONTRACT WITH THE YMCA OF THE GREATER HOUSTON AREA FOR
YOUTH SUMMER RECREATION PROGRAMS; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF FIFTEEN THOUSAND THREE
HUNDRED TEN AND NO /100 DOLLARS ($15,310.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
N
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Minutes of the Regular Session —May 24, 2001
ORDINANCE NO. 9168
AN ORDINANCE RENEWING THE CONTRACT OF SOUTHWEST SIGNAL
SUPPLY, INC., FOR THE ANNUAL TRAFFIC SIGNAL REPAIR SERVICES
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF TWENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($25,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9169
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
PROVIDING THAT A PORTION OF A UTILITY EASEMENT BE VACATED,
ABANDONED AND CLOSED; PROVIDING FOR THE QUITCLAIMING OF THE
CITY'S INTEREST IN SAID PROPERTY; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
RESOLUTION NO. 1490
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON JUNE 5, 2001, AT
8:00 A.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS,
TO CANVASS THE RETURNS OF THE JUNE 2, 2001, RUN -OFF ELECTION AND
TO ADMINISTER THE OATH OF OFFICE TO THE NEWLY ELECTED COUNCIL
MEMBER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Manager's Report.
The Memorial Day Ceremony will be held at Bicentennial Park on Monday, May
28, 2001, at 1:30 p.m.
Council Members were asked to check their calendars to see if Thursday, June 21,
2001, at 6:00 p.m. would be a convenient day for a meeting to discuss budget
priorities.
Conduct an appeal hearing of the decision of the Urban Rehabilitation Standards
Review Board to demolish the structure at 118 E. Cleveland Street, at the request of
Arthur Lashley.
On May 7, 2001, the Urban Rehabilitation Standards Review Board heard the case
involving the property located at 118 E. Cleveland. At the conclusion of the hearing, the
Board ordered the demolition of the structure. On May 11, 2001, Arthur Lashley, owner
of the property, filed his appeal of the decision to the City Council.
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Minutes of the Regular Session —May 24, 2001
No action was required on the requested appeal bearing because an agreement had bean
entcied between the City and the property owner for the repair of the structure at 118 E.
Cleveland Street.
Mayor Alfaro recognized Council Member Almendarez fnt his service to his district and
the community.
:Adjourn.
There being no further business, Council Member Godwin moved adjournment of the
meeting. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin. Murray and
Mundhrger
Mayor Al lirro
Nays: Noce,
The meeting adjourned to 0:47 I mt.
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Gan ` W S title
City Clerk