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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