2001 10 11 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
October 11, 2001
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on October 11, 2001, at
6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance:
Mercedes Renteria, III
Ronnie Anderson
Coleman Godwin
Calvin Mundinger
Don Murray
Scott Sheley
Pete C. Alfaro
Monte Mercer
Karen Homer
Gary W. Smith
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
First Assistant City Attorney
City Clerk
The meeting was opened with a quorum present and Council Member Murray led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Mayor Alfaro recognized the high school students and Boy Scouts present.
Consider approval of minutes of the regular meeting held on September 27, 2001.
Council Member Mundinger moved approval of the minutes of the regular meeting held on
September 27, 2001. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider Proposed Resolution No. 011011 -1, canceling the Council meetings scheduled for the
second and fourth Thursdays of November, 2001, and the fourth Thursday of December,
2001, and calling two special Council meetings on Tuesday, November 6 and November 20,
2001.
This scheduling avoids the conflicts with the Thanksgiving and Christmas holidays. Three weeks
are provided to prepare for the meeting in December while permitting Council Members and staff to
attend the Texas Municipal League Conference.
Page 2 of 2
Minutes of the Regular Session - October 11, 2001
Council Member Murray moved adoption of the proposed resolution. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
RESOLUTION NO. 1515
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING
SPECIAL COUNCIL MEETINGS TO BE HELD ON NOVEMBER 6, 2001, AND NOVEMBER
20, 2001, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS;
CANCELING THE REGULAR COUNCIL MEETINGS TO BE HELD ON NOVEMBER 8, 2001,
NOVEMBER 22, 2001, AND DECEMBER 27, 2001, AT 6:30 P.M., IN THE COUNCIL
CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Council recognized Council Member Renteria on his birthday.
Consider Proposed Ordinance No. 011011 -1 amending Chapter 6 "Alcoholic Beverages,"
Article I "In General," Section 6 -2 Sales near schools, churches or hospitals" of the Code of
Ordinances of Baytown, Texas, to prohibit the sale of alcoholic beverages within 300 feet of
private schools.
Currently, our ordinances prohibit the sale of alcoholic beverages within 300 feet of a church,
public school or hospital. However, based upon H.B. 688, passed this last legislative session, the
City may now also prohibit alcoholic beverage sales near a private or parochial school. The
proposed ordinance not only forbids such sales, but also includes the statutory exceptions for
establishments that hold a food and beverage certificate and for those who hold a permit covering a
premises where minors are prohibited. A private school under this ordinance includes a private or
parochial school that offers a course of instruction in one or more grades from kindergarten through
grade 12 and has more than 100 students enrolled and attending courses at the location. The
proposed ordinance conforms our ordinances to state law.
Council Member Godwin moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. In response to questions from Council Members, Mr. Mercer replied that a
convenience store is within 300 feet of St. Joseph's School and that the number of students required
for a school to be protected is set by statute.
The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 3 of 6
Minutes of the Regular Session - October 11, 2001
:ORDINANCE NO. 9242
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER. 6
"ALCOHOLIC BEVERAGFS" ARTICLE I "IN GENER.AL," SECTION 6 -2 "SALES NEAR
SCHOOLS, CHURCHES OR HOSPITALS" OF THE CODE OF ORDINANCES. BAYTOWN,
TEXAS, TO PROHIBIT THF, SAI:E OF ALCOHOLIC BEVERAGES WITHIN 300 FEET OF A
PRIVATE SCHOOL, 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 Ordinance No. 011011 -2, approving Change Order No. 3 to the
professional services contract with Busch, Hutchison & Associates, Inc. for the State Highway
`146 Lift Station and Force Main Project.
No action was necessary on this item.
Consent Agenda
a) Proposed Ordinance No. 011011 -3 awards the second renewal of the annual sulfur .
dioxide contract to Acetylene Oxygen Company (AOC), in the amount of $39,000.
AOC submitted a written request to renew the current contract for the same pricing,
Icons, and conditions. Quantities remain the same as last year. This contract is used
for dechlorination in the wastewater treatment plants.
b) Proposed Ordinance No. 011011 -4 .authorizes the purchase . of one 2002 Gradall
excavator from Houston - Galveston Area Council in the amount of $267,359. The
new Gradall XI.14100 replaces a 1994 Badger Excavator. The Gradall will be used
by the Drainage Division. 'file H -GAC fee is $5,459. The amount budgeted for this
purchase is $260,000 to be financed in annual payments by the Capital
Replenishment Fund ($58,250 first payment and $58,615.53 payment for the
following four year's).
C)
Proposed Ordinance No. 011011 -5 authorizes the annual Baytown Opportunity
Center contract for park cleaning and litter removal in the amount of $31,100.21.
This contract covers a 12 -month period of park cleanup and janitorial services as
follows:
Page 4 of 6
Minutes of the Regular Session - October 11, 2001
Ruby Pinson, Director of the Baytown Opportunity Center, has reviewed and
approved the contract. This contract will continue the emphasis to improve the
public perception of our community.
d) Proposed Ordinance No. 011011 -6 authorizes renewing the Industrial District
Agreement between the City of Baytown and U.S. Filter Recovery Services
(Southwest), Inc., for an additional seven -year term, expiring in October 2008. The
previous agreement expired in December 2000. The new agreement includes
clarifying language that the City has the absolute right to communicate its interest in
or opposition to matters regulated by other governmental entities and to participate in
any related administrative or judicial proceeding. Similar language will be included
in all future IDA's.
e) Proposed Ordinance No. 011011 -7 authorizes payment of the FY2002 Houston Area
Library Automated Network ( HALAN) contract fee, in the amount of $45,450, for
provision of an integrated automated circulation system at the library.
Sterling Municipal Library has been a member of HALAN since 1978. Membership
fees and contract are renewed annually. We have 29 workstations and a 6 terminal
reference LAN connected to the system. Public and staff use of electronic
information via this system equaled 124,400 times last year, an increase of 40% over
the previous year.
This ordinance includes a $1,950 increase over the previous year as the 6 -unit
reference LAN was added in the last fiscal year through a Bill and Melinda Gates
Foundation grant of $18,358. The first year's fees were covered by the grant.
Council Member Sheley moved adoption of the consent agenda, items a through e. Council
Member Mundinger seconded the motion.
Council Member Sheley remarked on the short life of the equipment to be replaced by approval of
the ordinance proposed in item b. Manager Mercer replied that seven years is a reasonable amount
of time for front -line equipment. He explained that the downtime and $50,000 cost to repair the old
equipment is prohibitive, and that additional equipment will help extend the life of the new Gradall.
Mayor Alfaro noted that a paragraph had been added to the proposed Industrial District Agreement
with U.S. Filter Recovery Services (Southwest), Inc. to make it clear that the City may address
issues before regulatory agencies. He said that this language will be included in all future industrial
district agreements.
Council Member Anderson commended staff for making this change in order to help reestablish
public confidence. Council Member Murray said this language was beyond "boiler- plate" and will
set an example he hopes to see followed throughout the State.
Council Member Sheley asked if all other Industrial District agreements complied with this
language. Manager Mercer replied that this is the standard after which all future industrial district
agreements will be structured, although even more modifications may be necessary in the future to
protect the community. Council Member Mundinger stated that he hopes to see other cities follow
this lead.
Page 5 of 6
Minutes of the Regular Session - October 11, 2001
The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9243
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE
CONTRACT OF AOC - ACETYLENE OXYGEN COMPANY FOR THE ANNUAL SULFUR DIOXIDE
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
THIRTY -NINE THOUSAND AND N01100 DOLLARS ($39,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9244
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
THE PAYMENT OF TWO HUNDRED SIXTY -ONE THOUSAND THREE HUNDRED FIFTY -NINE
AND NO /100 DOLLARS ($261,359.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE
PURCHASE OF ONE (1) 2002 GRADALL TELESCOPIC BOOM EXCAVATOR; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9245
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A CONTRACT WITH BAYTOWN OPPORTUNITY CENTER FOR
PARK CLEANING; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE
AMOUNT OF THIRTY -ONE THOUSAND ONE HUNDRED AND 21/100 DOLLARS
($31,100.21); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9246
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH U.S.
FILTER RECOVERY SERVICES (SOUTHWEST), INC.; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9247
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
fr
AUTHORIZING THE FY2002 HOUSTON AREA LIBRARY AUTOMATED NETWORK
(HALAN) CONTRACT FEE FOR PROVISION OF AN INTEGRATED AUTOMATED
CIRCULATION SYSTEM AT THE LIBRARY IN THE AMOUNT OF FORTY -FIVE
THOUSAND FOUR HUNDRED FIFTY AND NO /100 DOLLARS ($45,450.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Pape 6 of 6
Minutes of the Regular Session - October 11, 2001
Ym", . City Manager's Report.
Manager Mercer said that staff continues to communicate with .State acid local Emergency
Operations Centers. He immined Council that the City's )emergency Operations Center had been
functioning with minimal staff since Operation. Enduring freedom began on Sunday, He added that
staff will continue to monitor and advise the citizens and City Council as the situation unfolds.
Adjourn.
Council Member Mundinger moved that the meeting adjourn. Council Member Anderson seconded
the motion.. The vote follows:
Ayes: Council Members Anderson, Godwin,.Mundinger, Murray, Renteria; and Shelcy.
Mayor Atfaro.
"Nays: None.
I lie motion carried.
.. .. O p n�.
There been no further business, the meeting adjourned a 6:5
p p J
Gary. Smith --
City Clerk
��v
Bid Tabulation Sheet
Water Service Line Relocation
Project No. 2001- F -002 -00
14 -Sep -01
Engineer's Estimate - $40,765
Item
Item wlUnit Bid Price
Unit of
Appri
No
Written in Words
Measure
Quan�
$34,800.00
Relocate 314" water service line as
$27,626.88
$32.50
1
described in the scope of work, up to
EA
64
$12,730.88
150 -feet long, Complete -in -Place
$0.00
$15.00
$600.00
$6.96
$278.40
$0.00
$0.00
Install brass cut -off valve and brass
$60.00
$6.24
2
hose bib at house or building (must
�
�
be gate or ball valve, including
vacuum breaker), Complete -in -Place
Bore for 314" water services
3
underneath driveways, patios,
LF
40
sidewalks, or other obstacles,
Additional length of 314" dia. SCH-40
4 PVC water service line for services in LF 20
excess of 150 feet long, Complete -in-
Place
Total Amount Bid
(Sum of Items 1-4)
Fulkerson's Plumbing
Jerry Ruyle
117 E. Sterling
Baytown, Texas 77520
Dan's Plumbing
Dan Conejo
5519 East Road
Baytown, Texas 77520
City of Baytown
Engineer's Estimate
2401 Market Street
Baytown, Texas 77520
Unit
Price
Extended
Price
Unit
Price
Extended
Price
Unit
Price
Extended
Price
$482.29
$30,866.56
$543.75
$34,800.00
$431.67
$27,626.88
$32.50
$2,080.00
$25.00-
$1,600.00
$198.92
$12,730.88
$0.00
$0.00
$15.00
$600.00
$6.96
$278.40
$0.00
$0.00
$3.00
$60.00
$6.24
$124.80
$32,946.56
$37,060.00
40 760.96
CITY OF BAYTOWN
TABULATION
ANNUAL HEATING, VENTILATION, AND AIR- CONDITIONING (HVAC)
TITLE: CONTRACT
BID #: 074 -01
DATE: AUGUST 17, 2000 @ 2:00 P.M. original opening
Contract Term: October 1, 2001, through September 30, 2002 (1st renewal)
1ST RENEWAL
INCLUDING 2.7%
CPIU INCREASE
NO.
DESCRIPTION
BAY TEMPERATURE BAY TEMPERATURE
CONTROL, INC. CONTROL, INC.
I
EXT. PRICE EXT. PRICE
Annual Heating, Ventilation, and Air -
Conditioning (HVAC) Contract, per
specifications. Bay Temperature submitted a
written request to renew the existing contract for
the same terms and conditions and allowable
2.7% CPIU increase.
Section I — Monthly Preventative Maintenance of
all HVAC units (32 locations) includes cleaning
1
and/or changing of filters.
60,470.16 62,102.85
Section II -- Repairs and replacement of HVAC
2
equipment.
42,500.00 43,647.50
42.50 per hour 43.65 per hour
GRAND TOTAL: 1
102,970.16 illlllli•j 105,750.35
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.
slh/074-01 HVAC TABULATION council 1st renewal 8- 31 -01.xls 9 -12 -01 Pages 1 of 19/18/20014:01 PM