2001 09 27 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 27, 2001
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on September 27, 2001, at
6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance:
Mercedes Renteria, III
Council Member
Ronnie Anderson
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Scott Sheley
Council Member
Pete C. Alfaro Mayor
Monte Mercer City Manager
Ignacio Ramirez, Sr. City Attorney
Gary W. Smith City Clerk
Absent was: Coleman Godwin Council Member
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 of the emergency meeting held on September 11, 2001.
Council Member Mundinger moved approval of the minutes of the emergency meeting held on
September 11, 2001. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider approval of minutes for the regular meeting held on September 13, 2001.
Council Member Anderson moved approval of the minutes of the regular meeting held on
September 13, 2001. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 2 of 9
Minutes of the Regular Session - September 27, 2001
Consider Proposed OrdinanceNo. 010927-1, awarding the Water Service Line Relocation Project.
The ordinance awards the Water Service Line Relocation to Fulkerson's Plumbing in the amount of
532,946.56. Two potential bidders attended the mandatory pre -bid meeting and we received two
bids. Fulkerson's Plumbing is the apparent responsible low bidder. The scope of work requires the
services of a plumber to connect water service from the water meters to the point of entry of each
house. Sixty -four houses on South Burnett, Ward, Pearl, Ruth, and North Sixth Streets will require
new service connections. Fulkerson's Plumbing was awarded the Central Heights Water Line
Relocation Phase II Project, and met the City's performance expectations. Engineer's estimated
construction cost was $40,765. Construction duration is expected to be 45 working days and will be
funded by Water Distribution Systems.
Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9236
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH FULKERSON PLUMBING
FOR THE WATER SERVICE LINE RELOCATION PROJECT; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN OF THE SUM OF THIRTY -TWO THOUSAND NINE HUNDRED
FORTY -SIX AND 561100 ($32,946.56); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 010927 -2, approving Change Order No. 1 to the West Main
Street Sanitary Sewer Rehabilitation Project contract.
Change Order No. 1 to the contract with E. P. Brady, Inc. for the West Main Street Sanitary Sewer
Rehabilitation Project is in the amount of $30,000. This change order is for the relocation of an
existing 16 -inch water line to avoid conflicts with the new sanitary sewer. The contract award
amount was $451,793.15 and this change order represents a 6.64% cost growth. The contract's
original duration of 120 calendar days remains unchanged.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 3 of 9
Minutes of the Regular Session - September 27, 2001
ORDINANCE NO. 9237
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CHANGE ORDER NO. 1 WITH E.P. BRADY, INC. FOR THE WEST MAIN
STREET SANITARY SEWER REHABILITAITON PROJECT; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN IN THE AMOUNT OF THIRTY THOUSAND AND NO /100
DOLLARS ($30,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 010927 -3, amending Chapter 18 "Buildings and Building
Regulations," Article IV "Plumbing Code" of the Code of Ordinances of Baytown, Texas, by
adding a new section to be numbered and entitled Section 18466 "Cross- Connection Control
Program."
This regulation, required by the Texas Natural Resource Conservation Commission in 30 Texas
Administrative Code, Chapter 290, Subchapter D., will protect the City's water supply from
contamination that could result from cross - connection of the City's distribution system and the
systems on private property.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9238
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 18 `BUILDINGS AND BUILDING REGULATIONS," ARTICLE IV
"PLUMBING CODE" OF THE CODE OF ORDINANCES OF BAYTOWN, TEXAS, BY
ADDING A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 18 -466 "CROSS -
CONNECTION CONTROL PROGRAM "; 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.
Consider Proposed Resolution No. 010927 -1, designating the City of Baytown's representative
and alternate to the General Assembly of the Houston - Galveston Area Council for the year
2002.
Council Member Mundinger nominated Council Member Murray as the representative and Mayor
Alfaro as his alternate. Council Member Sheley seconded the motion. Council Member Anderson
commended Council Member Murray for his service as the Houston - Galveston Area Council
representative. The vote follows:
Page 4 of 9
Minutes of the Regular Session - September 27, 2001
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
RESOLUTION NO. 1511%
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE
GENERAL ASSEMBLY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR
2002; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 010927 -2, supporting the Baytown Elderly and Disabled
Para - Transit Service Program.
The resolution supports Texas Department of Transportation's allocation of $160,000, funded by
the 5310 Grant, to provide transportation services for the elderly and disabled in the Baytown area.
The American Red Cross and Mustard Seed Ministries were selected to provide transportation
services.
The American Red Cross will provide transportation services from various originations to local
medical facilities, shopping centers, and senior centers. Mustard Seed Ministries will provide
transportation services to and from the Houston Medical Center. Both providers will offer these
services three (3) days per week. The anticipated start date will be October 1, 2001.
Cheryl Wigley asked why the funds could not be used for public transportation.
Mayor Alfaro replied that the grant is specific to transportation for the elderly and disabled.
Council Member Murray moved adoption of the proposed resolution. Council Member Renteria
seconded the motion. Council Member Murray reminded Council that the program was funded for
one year. Efforts to renew the grant are required. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
RESOLUTION NO. 1512
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
SUPPORTING THE BAYTOWN ELDERLY AND DISABLED PARA - TRANSIT SERVICE
PROGRAM SPONSORED BY THE TEXAS DEPARTMENT OF TRANSPORTATION; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 5 of 9
Minutes of the Regular Session - September 27, 2001
Consider Proposed Resolution No. 010927 -3, approving the Wheelchair Accessible Transit
Program Guidelines.
The Wheelchair Accessible Transit Program (Program) will provide seven (7) one -way rides per
month not to exceed $15 per ride to approximately 25 income - eligible persons who are wheelchair -
bound. This Program will complement the existing Senior /Disabled Citizens' Taxi Program by
providing transportation service accessible to wheelchair -bound citizens. Wheelchair -lift vans will
be used in the Program.
The Program will become effective October 1, 2001. The funding for this Program was previously
reviewed by the Community Development Advisory Committee and approved in the 2001 -2002
Community Development Block Grant budget under the Senior/Disabled Citizens' Taxi Program.
Council Member Anderson moved adoption of the proposed resolution. Council Member
Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
RESOLUTION NO. 1513
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE WHEELCHAIR ACCESSIBLE TRANSIT PROGRAM GUIDELINES AND
THE WHEELCHAIR ACCESSIBLE TRANSIT PROGRAM AGREEMENT; ESTABLISHING
THE COMMENCEMENT DATE FOR THE GUIDELINES AND THE USE OF THE
AGREEMENT; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider approval of plans and specifications and advertisement for bids for West Main
Paving & Drainage Improvements.
The scope of work includes new 8 -inch thick concrete pavement with 6 -inch concrete curb and
replaced or modified storm inlets. Approximately 140 - linear feet of roadway will be filled and
raised above the 100 -year flood elevation. Work will commence within a few weeks after the
sanitary sewer project is completed and accepted by the City. Estimated construction cost is
$650,000 and will be funded by 2000 Certificates of Obligation. The construction duration is
estimated to be 150 calendar days.
Council Member Sheley moved approval of plans and specifications and advertisement for bids for
West Main Paving & Drainage Improvements. Council Member Mundinger seconded the motion.
The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 6of9
Minutes of the Regular Session - September 27, 2001
Consent Agenda
a) Proposed Resolution No. 010927 -4 authorizes the City Manager to accept and take
necessary actions to accept the supplement of $22,000 to the Houston High Intensity
Drug Trafficking Area grant. The Office of National Drug Control Policy has
awarded this supplemental funding to all HIDTAs.
b) Proposed Ordinance No. 010927 -4, authorizes purchase of OPTICOM Control
Systems from H -GAC in the amount of $26,547.27. The H -GAC fee of $773.22 is
included. This equipment will be used in the following five locations:
• North Main Street @ Ward Road
• North Main Street @ James Street
• W. Baker Road @ Quail Hollow
• North Alexander @ East James
• Garth Road @ Riceland/Baytown Central
Currently, OPTICOM Control Systems are used at 20 intersections in the City.
C) Proposed Ordinance No. 010927 -5, awards the first renewal of the annual heating,
ventilation and air conditioning contract to Bay Temperature Control, Inc., in the
amount of $105,750.35. Bay Temperature submitted a written request to renew the
existing contract for the same terms and conditions with the allowable CPIU 2.7%
increase. 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.
This contract includes two sections. Section I provides monthly preventative
maintenance for 33 City locations and includes changing and/or cleaning of filters.
Section II provides for repairs and replacement of HVAC equipment and materials.
All material and equipment will be priced at actual cost plus 15 %. Hourly service
call labor rate will be $43.65.
d) Proposed Ordinance No. 010927 -6, establishes as a one -way street (eastbound) the
cut - through roadway paralleling W. Lynchburg -Cedar Bayou Road near its
intersection with North Main Street.
At its June 20, 2001 meeting, the Growth Management and Development Advisory
Commission approved the recommendation that City Council restrict traffic flow to
one -way eastbound (currently in place as a temporary traffic control measure) at the
cut - through roadway paralleling Lynchburg -Cedar Bayou Road near its intersection
with North Main Street. Kimley -Horn and Associates, Inc. (KHA) evaluated the
traffic operations of the cut - through roadway, and upon completion of the technical
analysis and discussion with staff, KHA recommended making the street one -way.
This recommendation is cost - effective at improving operations and safety at the cut -
through and signalized intersection.
Page 7 of 9
Minutes of the Regular Session - September 27, 2001
Council Member Sheley moved adoption of the consent agenda, items a through d. Council
Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
RESOLUTION NO. 1514
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN,
TEXAS, TO ACCEPT ADDITIONAL FUNDING UNDER A FEDERAL GRANT FROM THE
OFFICE OF NATIONAL DRUG CONTROL POLICY FOR THE COOPERATIVE AGREEMENT
PERTAINING TO THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9239
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING
THE PAYMENT OF TWENTY -SIX THOUSAND FIVE HUNDRED FORTY -SEVEN AND
27/100 DOLLARS ($26,547.27) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE
PURCHASE OF OPTICOM TRAFFIC PREEMPTION EQUIPMENT FOR FIVE (5)
INTERSECTIONS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE RENEWAL OF THE ANNUAL HEATING, VENTILATION AND AIR -
CONDITIONING (HVAC) CONTRACT WITH BAY TEMPERATURE CONTROL, INC.;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED
FIVE THOUSAND SEVEN HUNDRED FIFTY AND 35/100 DOLLARS ($105,750.35);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9241
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CUT -
THROUGH ROADWAY PARALLELING LYNCHBURG -CEDAR BAYOU ROAD AT ITS
INTERSECTION WITH NORTH MAIN STREET AS A ONE -WAY STREET EASTBOUND;
PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS
($200.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Page 8 of 9
Minutes of the Regular Session - September 27, 2001
Consider appointments to Baytown Animal Control Advisory Committee.
The terms of Mike Lester, Director of Health, Gary Cochran, Police Captain, and Cynthia Lipps
expired on September 26, 2001. These terms are for two years. Dr. Lipps fills the position for a
licensed veterinarian, Mr. Lester fills the position for the Director of Health, and Captain Cochran
fills the position for the Chief of Police. Dr. Lipps and Captain Cochran attended all of the four
meetings held in the last year. Mr. Lester attended three of the four meetings. Each person has
agreed to serve if reappointed by council.
Council Member Sheley moved to appoint Mike Lester, Director of Health, Gary Cochran, Police
Captain, and Dr. Cynthia Lipps to Baytown Animal Control Advisory Committee. Council
Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
City Manager's Report.
Manager Mercer suggested to Council that the two November meetings that would have been held
on the 8`h and 22nd be cancelled and rescheduled for November 6`h and November 20`h, due in part to
the Thanksgiving holiday. He noted that historically, the City Council also cancels the second
meeting in December. He said that a resolution canceling these meetings and rescheduling the
November meetings will be included on the agenda of the next meeting for Council action.
Mr. Mercer said that Council would be receiving information regarding redistricting shortly.
Mr. Mercer announced that the Texas Department of Transportation had approved $17.3 million to
complete the last segment of Spur 330/Decker Drive.
Mr. Mercer said that a special meeting could be required due to a sinkhole on the Rollingbrook
Bridge.
Mr. Mercer introduced Gregory Stubbs, the new Planning Director.
Adjourn.
Council Member Mundinger moved that the meeting adjourn. Council Member Renteria seconded
the motion. The vote follows:
Page 9 of 9
Minutes of the Regular Session - September 27, 2001
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion tamed.
There being no further business, the meeting adjourned at 6:52 p.m.
G Smith
City Clerk
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