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2001 10 25 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 25, 2001 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on October 25, 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 Coleman Godwin 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 The meeting was opened with a quorum present. Mayor Alfaro welcomed Boy Scout Troop No. 459 and asked them to lead the pledge of allegiance. Council Member Anderson offered the invocation after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on October 11, 2001. Council Member Sheley moved approval of the minutes of the work session and regular meeting held on October 11, 2001. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. The following item and Proposed Resolution 011025 -1 were considered together. Receive petition for creation of Baytown Redevelopment Authority. Three qualified residents of the City have petitioned City Council for the creation of the Baytown Redevelopment Authority as a local government corporation pursuant to Texas Transportation Code, Chapter 431, Subchapter D. The Authority, if created, will assist the City Council and the Board of Directors of Reinvestment Zone Number One, City of Baytown, in the implementation of the project plan and financing plan for the reinvestment zone. The activities and authority of the Redevelopment Authority will be more fully described in a Tri-Party Agreement between the City, the Reinvestment Zone Board, and the Redevelopment Authority. Page 2 of 9 Minutes of the Regular Session — October 25, 2001 Consider Proposed Resolution No. 011025 -1, authorizing the creation of the Baytown Redevelopment Authority, a governmental non - profit corporation; approving its the Articles of Incorporation and its Bylaws; and authorizing the filing of the Articles of Incorporation. The Authority will serve to assist the Board of Directors of the Reinvestment Zone Number One, and the City in the implementation and completion of projects in the reinvestment zone. These documents provide the framework for the Authority's activity. The Authority will provide the day -to -day supervision of the progress within the reinvestment zone. 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. 1516 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CREATION OF THE BAYTOWN REDEVELOPMENT AUTHORITY; APPROVING THE ARTICLES OF INCORPORATION AND THE BYLAWS THEREOF; CONFIRMING THE APPOINTMENT OF THE INITIAL DIRECTORS AND CHAIRPERSON; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor Alfaro recognized the high school students present from Ms. White's class at Sterling High School. Consider Proposed Resolution No. 011025 -2, endorsing, supporting and encouraging the passage of Proposition 15 "The Texas Mobility Fund" on the November 6 1 General Election Ballot. To address the exploding population growth in Texas and the transportation increase experienced with the North American Free Trade Agreement, Proposition 15 provides means for funding highway improvements without raising taxes. Proposition 15 is supported by TEX -21, a grassroots, state wide coalition made up of mayors, council members, county judges and commissioners, city managers, transportation planners, chambers of commerce, and private business people. The mission of TEX -21 is to work with individuals on the highest level to find comprehensive solutions to the transportation challenges faced across Texas. TEX -21 has requested Council's support for the passage of Proposition 15. Council Member Renteria moved adoption of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Page 3 of 9 Minutes of the Regular Session — October 25, 2001 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1517 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING PASSAGE OF PROPOSITION 15 ON THE NOVEMBER 6TH GENERAL ELECTION BALLOT CREATING THE TEXAS MOBILITY FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 011025 -3, adopting the Parks, Recreation and Open Space Master Plan. No action was required on this item. Consider Proposed Resolution No. 0110254, authorizing transfer of funds between departments in accordance with Section 68 of the City Charter. The proposed resolution authorizes transfer of $267,000 in the General Fund and $175,000 in the Water and Sewer Fund in accordance with Section 68 of the City Charter. This is primarily a "housekeeping" function. All transfers were made between the various departments utilizing savings realized and will have no impact on the total budget. Total fund expenditures were within budgeted levels. Council Member Murray moved adoption of the proposed resolution. Council Member Mundinger 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. 1518 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS FROM VARIOUS ACCOUNTS WITHIN THE GENERAL FUND AND THE WATER & SEWER FUND 501; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 4 of 9 Minutes of the Regular Session — October 25, 2001 Consider Proposed Ordinance No. 011025 -1, awarding an engineering services contract to create a pavement management system for the purposes of the Street Assessment Program. The Proposed Ordinance awards an engineering services contract to Fugro —BRE, Inc. to create a pavement management system for the purposes of the Street Assessment Program. Compensation for basic services will be a stipulated sum of $107,470. In addition, $2,530 will be allowed for reimbursable items. The scope of work includes conducting pavement condition surveys, collection of ride quality data, assisting the City in developing, utilizing, and initial implementation of a pavement management system, and providing American Public Works Association MicroPAVER software and training to City employees. Estimated cost is $110,000. This consultant is recommended by the Architect/Engineer Selection Committee. This project will be funded by 2001 Bonds. Council Member Murray, a member of the Architect/Engineer Selection Committee, said that the committee reviewed several companies. Furgo -BRE, Inc. was selected based on cost value and the ability to give an objective evaluation of street conditions. In response to questions from City Council, City Manager Mercer explained that work of this type is specialized to a degree that cannot be handled by staff, but the data gathered will give staff the information needed for the Street Assessment Program. Council Member Mundinger moved adoption of the Proposed Ordinance. 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. ORDINANCE NO. 9248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FUGRO -BRE, INC., TO CREATE A PAVEMENT MANAGEMENT SYSTEM FOR THE STREET ASSESSMENT PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TEN THOUSAND AND NO /100 DOLLARS ($110,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 011025 -2, authorizing renewal of liability and property insurance programs with Texas Municipal League — Intergovernmental Risk Pool and authorizing payment. The Proposed Ordinance authorizes the renewal of liability and property insurance programs with Texas Municipal League — Intergovernmental Risk Pool and authorizes payment in the amount of $294,103 for premiums, reimbursable losses, and administrative fees. This is a 12.3% reduction in the rate from the 2000 -2001 fiscal year premium of $330,118. The savings is due to a good claims experience and a reduction in the number of vehicles covered. Page 5 of 9 Minutes of the Regular Session — October 25, 2001 City Manager Mercer commended Human Resources Director Alison Smith and Risk Manager for their work that resulted in the reduction of the premium. Council Member Anderson moved adoption of the Proposed Ordinance. 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. ORDINANCE NO. 9249 AN ORDINANCE RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM, AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED NINETY -FOUR THOUSAND ONE HUNDRED THREE AND NO / 100 DOLLARS ($294,103 00) AND THE SUM OF ONE HUNDRED SEVENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($175,000.00) FOR DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Ordinances 011025 -3 and 011025 -4 were considered together. Consider Proposed Ordinance No. 011025 -3, authorizing the purchase of a network server. The Proposed Ordinance authorizes the purchase from dEd -World of an HP8500 Server in the amount of $71,068. This server will process the new Open Series Software being converted from the RS6000 to a Windows 2000 platform. This purchase is made through the Qualified Information System Vendors (QISV) Catalog Purchasing Program which complies with the competitive proposal requirements. This item was discussed during the budget sessions and funding was approved through the Capital Replacement Fund by the adoption of the 2001 -2002 City of Baytown budget. This is the first of 4 annual payments. Consider Proposed Ordinance No. 0110254, authorizing payment for the software upgrade. The Proposed Ordinance authorizes the sole source payment for the Software Upgrade to Pentamation Open Series Contract to Pentamation in the amount of $196,980. This includes the following software packages: Fund Accounting, Purchasing, Budget Analyst, Human Resources, Fixed Assets, Position Control, Inventory Manager, Fleet Manager, Payroll, Code Enforcement, Occupational Licensing, Inspections and UB /Cash Receipts. This includes software upgrade, data conversion, installation, configuration, setup and migration of ( all of the above - mentioned software from the RS6000 to the Open Series on a Windows 2000 server. This item was discussed during the budget sessions and funding was approved through the Capital Replacement Fund by the adoption of the 2001 -2002 City of Baytown budget. This is the first of 4 annual payments. Page 6 of 9 Minutes of the Regular Session — October 25, 2001 Council Member Murray moved adoption of the Proposed Ordinances. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9250 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY -ONE THOUSAND SIXTY -EIGHT AND NO 1100 DOLLARS ($71,068.00) TO dEd WORLD FOR THE PURCHASE OF AN HP8500 SERVER TO RUN THE NEW OPEN SERIES SOFTWARE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SUNGUARD PENTAMATION, INC., FOR THE SYSTEM UPGRADE TO PENTAMATION OPEN SERVICES CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF ONE HUNDRED NINETY -SIX THOUSAND NINE HUNDRED EIGHTY AND NO /100 DOLLARS ($196,980.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a) Proposed Ordinance No. 011025 -5 awards the second renewal of the annual frozen dinners contract to HEB Pantry Store #283 in the amount of $45,302.40. HEB submitted a written request to renew the contract for the same pricing, terms and conditions. Quantities remain the same. This contract provides frozen meals for prisoners to be delivered weekly to the jail facility. This item will be funded through the General Fund. b) Proposed Ordinance No. 011025 -6 awards the second renewal of the annual construction materials contract to Deer Park Lumber Company in the amount of $75,000. Deer Park Lumber has submitted a written request to renew the current contract for the same pricing. Quantities fluctuate during the term of this contract. The award amount is based on average yearly usage. This contract is used by all departments for construction materials, roofing materials, and masonry items. Page 7 of 9 Minutes of the Regular Session — October 25, 2001 c) Ordinance No. 011025 -7 sets a public hearing on the proposed redistricting plan for the City of Baytown for Tuesday, November 6, 2001, at 6:40 p.m. in the Council Chamber of Baytown City Hall. The public hearing will afford citizens the opportunity to comment on the proposed voting plan for the City based on the 2000 census data. Notice of the public hearing will be published in the Baytown Sun. d) Proposed Ordinance No. 011025 -8 authorizes renewal of City Physician Services with Dr. Medhat Bedros and authorizes payment for said services in the amount of $80,000. This is the ninth year for renewal. Dr. Bedros has maintained the same rates since we began using his services in October, 1992. e) Proposed Ordinance No. 011025 -9, authorizes the purchase of one 2002 Ford fifth wheel Truck through the Houston - Galveston Area Council (H -GAC) in the amount of $55,528.76 including the H -GAC fee of $873.76. The new truck replaces a 1973 International. The truck will be used by the Wastewater Treatment Division. The amount budgeted for this purchase is $56,000. fj Proposed Ordinance No. 011025 -10, authorizes the purchase of one 2002 Ford dump truck through the Houston - Galveston Area Council (H -GAC) in the amount of $57,480.44, including the H -GAC fee of $905.44. The new truck replaces a 1981 Ford dump truck. The truck will be used by the Street Division. The amount budgeted for this purchase is $58,000. g) Proposed Ordinance No. 011025 -11, authorizes the purchase of one 2002 Ford knuckleboom loader through the Houston - Galveston Area Council (H -GAC) in the amount of $98,104.45, including the H -GAC fee of $1,592.45. The new equipment replaces a 1981 Ford. The Knuckleboom Loader will be used by the Solid Waste Division. The amount budgeted for this purchase is $95,000, to be financed in annual payments by the Capital Replacement Fund (4 payments of $25,850). Council Member Anderson moved adoption of the consent agenda, items a through g. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9252 AN ORDINANCE RENEWING THE CONTRACT OF HEB PANTRY STORE #283 FOR THE ANNUAL FROZEN DINNERS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -FIVE THOUSAND THREE HUNDRED TWO AND 40/100 DOLLARS ($45,302.40); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8 of 9 Minutes of the Regular Session — October 25, 2001 ORDINANCE NO. 9253 AN ORDINANCE RENEWING THE CONTRACT OF DEER PARK LUMBER COMPANY, LTD., FOR THE ANNUAL CONSTRUCTION MATERIALS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY - FIVE THOUSAND AND NO /100 DOLLARS ($75,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9254 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED REDISTRICTING PLAN FOR THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9255 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF CITY PHYSICIAN SERVICES WITH DR. MEDHAT BEDROS; AUTHORIZING PAYMENT FOR SUCH SERVICES IN AN AMOUNT NOT TO EXCEED EIGHTY THOUSAND AND NO /100 DOLLARS ($80,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9256 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -FIVE THOUSAND FIVE HUNDRED TWENTY -EIGHT AND 76/100 DOLLARS ($55,528.76) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2002 FIFTH -WHEEL FORD TRUCK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9257 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -SEVEN THOUSAND FOUR HUNDRED EIGHTY AND 44 /100 DOLLARS ($57,480.44) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2002 FORD EIGHT -YARD DUMP TRUCK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9258 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINTY -EIGHT THOUSAND ONE HUNDRED FOUR AND 45/100 DOLLARS ($98,104.45) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2002 FORD KNUCKLEBOOM LOADER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 9 Minutes of the Regular Session — October 25, 2001 Consider appointment of Associate Medical Director. The Texas Department of Health requires that EMS services have access to a physician to oversee the clinical operations of the service. Responsibilities include retrospective and prospective audits of clinical operations, protocol development, and active involvement in the quality assurance /improvement program. An additional physician to oversee our operations will help maintain a high level of proficiency to improve the quality of life for our citizens. Dr. Michael Harrington is a physician who is in an Emergency Medicine Residency program at Hermann Hospital. His goals include active participation in the pre - hospital care environment by teaching and being involved with Paramedic services. Dr. Harrington is currently the Associate Medical Director for the Lee College EMS Training Program. Council Member Sheley moved appointment of Dr. Michael Harrington as the Associate Medical Director. 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. City Manager's Report. City Manager Mercer informed Council of the Public Safety Dinner which will be held following the next council meeting on November 6, 2001. He asked that those attending TML in Houston submit their registration information no later than Monday, October 29, 2001. Finally, he reminded Council of the retreat to be held on Saturday, October 27, 2001. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 6:45 p.m. GEffy W. Amith City Clerk