2002 02 14 CC Minutesim
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 14, 2002
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on February 14, 2002, 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 and Council Member Anderson led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Consider approval of minutes of the work session and regular meeting held on January 24, 2002.
Council Member Mundinger moved approval of the minutes of the work session and regular meeting held
on January 24, 2002. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Presentation of the OAK Awards.
The OAK Award was presented to the following:
For integrity and innovation:
Rick McCallen, Richard Rodriguez, Theresa Ruiz, and Claude Nim, Utility Billing Division. As the eyes
and ears of the Utility Billing Division, the meter readers continually challenge themselves to go above
and beyond their normal, day -to -day duties. They constantly look for and report meters that need repair,
thus protecting the City's interests and providing good customer service to the citizens. This quarter, they
reported several inactive meters and one illegal use of a fire hydrant, which accounted for over $4,100 in
revenue for the City. Recently, other problems have been reported, one of which will result in the
recovery of over $20,000 in lost income.
Page 2 of 16
Minutes of the Regular Session - February 14, 2002
According to the Recognition Committee, "these individuals took it upon themselves to expand the role of
the job and address problems that had fallen through the cracks. They saw ways to improve service and
benefit the City at the same time. They realized that it was an opportunity for them to make an impact.
This type of dedication and service is greatly appreciated during times of financial constraints."
For customer service:
Judy Flores, ITS Department. With Judy's assistance, many improvements have been underway in the
Utility Billing Division. Her ability to develop system reports has helped the City identify and address
stuck meters, a potential loss of revenue. By ensuring that customers are not assessed duplicate charges,
Judy has enhanced customer service and improved the efficiency of utility billing operations. Judy is very
busy, yet she is always available to listen to her fellow employees' concerns and needs. By working
closely with the employees of the Utility Billing Division, she has made their jobs easier and more
productive. Consequently, they are able to provide better customer service to the citizens of Baytown and
recover lost revenue for the City.
The Recognition Committee noted, "Judy is primarily responsible for handling programming issues with
the Pentamation computer system used by multiple departments, which is neither flexible nor `user -
friendly.' Judy must be relied upon to make it work in any given situation and responds to requests for
assistance on a timely basis. Judy is a pleasure to work with as she effortlessly meets the high demands of
her job while maintaining a high level of customer service."
For integrity, innovation, and customer service:
John Carr, Fire Department. On October 13, 2001, a car was driven off the embankment and into the
water at Bayland Island. Upon arrival at the scene, rescue workers determined that an occupant was still
in the car, which was submerged in approximately ten feet of water. Using his courage and ingenuity, Lt.
John Carr donned his breathing apparatus, which is normally used for structural fire fighting, and
attempted to rescue the occupant. After the second try, he was able to free the trapped driver. Without
the immediate action of Lt. Carr, the accident could have resulted in a fatality.
The Recognition Committee said: "Lt. Carr exemplified the highest possible level of innovation, integrity,
and customer service in saving the life of a citizen."
Mayor Alfaro recognized members of Lt. Carr's family in the audience.
Consider Proposed Ordinance No. 020214 -3, the second and final reading on proposed
disannexation of the property occupied by First Chemical Company, L.P., which property was
previously annexed via Ordinance No. 2516.
On December 13, 2001, City Council conducted two public hearings pursuant to the City's charter and
Chapter 43 of the Texas Local Government Code as a prerequisite to the city's disannexing property.
Disannexation of territory by the City must be completed within 90 days of the date of the initiation of the
disannexation proceedings. Disannexation was begun on January 10, 2002 when the ordinance was
approved on its first reading. The second and final reading of the disannexation ordinance may not be
considered until thirty days following publication of the ordinance. The ordinance was published in the
Baytown Sun on January 12, 2002.
Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin seconded
the motion. The vote follows:
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Minutes of the Regular Session - February 14, 2002
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9292
AN ORDINANCE PROVIDING FOR THE DISCONTINUANCE OF AN AREA AS PART OF THE
CITY OF BAYTOWN, TEXAS, BY DISANNEXING THE PROPERTY OCCUPIED BY FIRST
CHEMICAL COMPANY, L.P., WHICH PROPERTY WAS PREVIOUSLY ANNEXED VIA
ORDINANCE NO. 2516; MAKING OTHER PROVISIONS RELATED THERETO.
Conduct a public hearing on the request of Edna M. Gray to amend the Official Zoning Map of the
City of Baytown to rezone property legally described as Tract 62 -B and 70-B, out of the William
Scott Survey, Abstract 65 (10`h and Ward), from Urban Neighborhood to Mixed Use at 6:40 p.m.
The Baytown Zoning Commission met on December 19, 2001, held a public hearing, and recommended
approval of this request for zoning district reclassification. The applicant is proposing to develop a car-
wash facility. This is not a permitted use within the UN districts. Based on Staff analysis, the request
meets the six amendment criteria established in the Zoning Ordinance. Notice of the public hearing was
published in the Baytown Sun on Sunday, January 13, 2002, more than 15 days before the public hearing.
Notice was mailed to all property owners within 300 feet of this location on January 23, 2002, more than
15 days before the public hearing.
No one appeared to speak on the proposed amendment to the Official Zoning Map of the City of Baytown
to rezone property legally described as Tract 62 -B and 70 -B, out of the William Scott Survey, Abstract 65
(10th and Ward), from Urban Neighborhood to Mixed Use.
The public hearing was closed at 6:43 p.m.
Consider Proposed Ordinance 020214 -2, amending the Official Zoning Map of the City of Baytown
to rezone property legally described as Tract 62 -B and 70 -B, out of the William Scott Survey,
Abstract 65 (10`h and Ward), from Urban Neighborhood to Mixed Use.
The Baytown Zoning Commission met on December 19, 2001 and approved this request for zoning
district reclassification. The applicant is proposing to develop a car-wash facility. This is not a permitted
use within the UN districts. Based on Staff analysis, the request meets the six amendment criteria
established in the Zoning Ordinance.
Council Member Anderson moved adoption of the proposed ordinance. 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.
Page 4 of 16
Minutes of the Regular Session - February 14, 2002
ORDINANCE NO. 9314
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY
DESCRIBED AS TRACTS 62B AND 70B OUT OF THE WILLIAM SCOTT SURVEY, ABSTRACT
65, BAYTOWN, HARRIS COUNTY, TEXAS, FROM AN URBAN NEIGHBORHOOD DISTRICT TO
A MIXED USE DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Conduct a public hearing on the request of James Hutchison to amend the Official Zoning Map of
the City of Baytown to rezone property legally described as Tract 1 and Tract 1 -N out of the
Nathaniel Lynch Survey, Abstract 44 (Lakewood Estates), from Mixed Use to Neighborhood
Conservation.
The purpose of the request is to build Lakewood Estates, a residential subdivision. The Mixed Use
District allows for a variety of land uses. Therefore, to reclassify subject property to Neighborhood
Conservation District will be consistent with the intent of the ordinance, which is to protect single - family
dwelling units. Based on the Staff analysis, the request does meet the six amendment criteria established
in the Zoning Ordinance. On January 16, 2002, the Planning and Zoning Commission conducted a public
hearing on the proposed change. The Commission recommended approval of the reclassification. Notice
of the public hearing was published in the Baytown Sun on Sunday, January 27, 2002, more than 15 days
before the public hearing. Notice was mailed to all property owners within 300 feet of this location on
January 23, 2002, more than 15 days before the public hearing.
Mayor Alfaro opened the public hearing at 6:45 p.m. No one appeared to speak on the proposed
amendment to the Official Zoning Map of the City of Baytown to rezone property legally described as
Tract 1 and Tract 1 -N out of the Nathaniel Lynch Survey, Abstract 44 (Lakewood Estates), from Mixed
Use to Neighborhood Conservation.
The public hearing was closed at 6:46 p.m.
Consider Proposed Ordinance 020214 -1, amending the Official Zoning Map of the City of Baytown
to rezone property legally described as Tract 1 and Tract 1 -N out of the Nathaniel Lynch Survey,
Abstract 44 (Lakewood Estates), from Mixed Use to Neighborhood Conservation.
The purpose of the request is to build Lakewood Estates, a residential subdivision. The Mixed Use
District allows for a variety of land uses. Therefore, to reclassify subject property to Neighborhood
Conservation District will be consistent with the intent of the ordinance, which is to protect single - family
dwelling units. On January 16, 2002, the Planning and Zoning Commission conducted a public hearing
on the proposed change. The Commission recommended approval of the reclassification. Based on the
Staff analysis, the request meets the six amendment criteria established in the Zoning Ordinance.
Council Member Mundinger moved adoption of the proposed ordinance. 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.
Page 5 of 16
Minutes of the Regular Session - February 14, 2002
ORDINANCE NO. 9315
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY
DESCRIBED AS TRACTS 1 AND IN OUT OF THE N. LYNCH SURVEY, ABSTRACT 44,
BAYTOWN, HARRIS COUNTY, TEXAS, FROM A MIXED USE DISTRICT TO A
NEIGHBORHOOD CONSERVATION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance 020214 -4, ordering the Municipal Election to be held on the 4th day
of May 2002, for the purpose of electing a Mayor -at -Large and three Council Members from
District Numbers Four, Five and Six.
According to state statute, the regular election must be held on Saturday, May 4, 2002. It will be
necessary to elect the Mayor -at -Large and three Council Members from District Numbers Four, Five, and
Six for two -year terms. The proposed ordinance establishes procedures for holding the election; locations
for polling places; orders all necessary notices and actions; establishes the location for central counting,
and provides for early voting hours and early voting ballot board. The election officers will be appointed
by separate resolution. Early voting will take place from April 17 through April 30.
Council Member Sheley 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. 9316
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING
THE MUNICIPAL ELECTION TO BE HELD ON THE 4TH DAY OF MAY, 2002, FOR THE PURPOSE
OF ELECTING A MAYOR AT LARGE AND THREE COUNCILMEM 3ERS FROM DISTRICT NOS.
FOUR, FIVE AND SIX; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID
ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING
STATION; PROVIDING FOR AN EARLY BALLOT BOARD FOR EARLY BALLOTS; AND
PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE.
Consider Proposed Ordinance No. 020214 -5, awarding a construction contract for the construction
of the Eddie V. Gray Wetlands Education and Recreation Center Boat Ramp Project.
The proposed ordinance awards a construction contract for the construction of the Eddie V. Gray
Wetlands Education and Recreation Center Boat Ramp Project in the amount of $509,141 to D & W
Contractors, Inc. Council approved plans and specifications and authorized advertisement for bids at the
December 13, 2001 council meeting.
Page 6 of 16
Minutes of the Regular Session - February 14, 2002
Three companies attended the mandatory pre -bid conference on January 14, 2002 and we received two
bids. Bob Randall, of RandalI/Porterfield Architect Inc., has reviewed the bids and recommends the
award of the base bid and alternates No. 2 (concrete paving extension to Market Street), No. 3 (center
curb island and backfield for landscaping the Wetlands Center entrance), No. 4 (site lighting), and No. 5
(flooring repairs to the Wetlands Center), to the apparent low bidder, D & W Contractors, Inc., in the
amount of $509,141. The project will be funded with $118,535.25 from the 1999 CO Bond program, a
$355,605.75 grant from Texas Parks and Wildlife Department's Wallop - Breaux Fund (75/25), and
$35,000 from the Eddie V. Gray Wetlands Education and Recreation Center annual budget.
The project will include the construction of a one -lane boat ramp, launching piers, floating docks,
lighting, and parking at the Wetlands Center, as well as dredging of a 1,550 feet by 50 feet by 4 feet
channel from the new ramp site to the Market Street Bridge. Spoil containment and riprap will be used to
create a 300 -foot by 150 -foot wetlands area behind the Wetlands Center.
The Goose Creek Stream Development Committee and the Parks and Recreation Advisory Board
recommend approval.
Council Member Godwin moved adoption of the proposed ordinance. 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.
ORDINANCE NO. 9317
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
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
THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER BOAT RAMP
PROJECT; AUTHORIZING PAYMENT OF THE SUM OF FIVE HUNDRED NINE THOUSAND ONE
HUNDRED FORTY -ONE AND NO 1100 DOLLARS ($509,141.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 020214 -6, approving a professional services contract for the
design, engineering, and limited construction management of the repairs to Fire Station One on
Garth Road.
The proposed ordinance approves a professional services contract with Bricker Cannady Architects for
the design, engineering and limited construction management of the repairs to Fire Station One on Garth
Road in the amount of $25,000. Fire Station One was closed on June 11, 2001 due to mold problems and
the crews were relocated to a leased facility on Barkaloo Road. Several consultants have studied the
problems associated with the building. Bricker Cannady Architects was retained to review these reports
and perform pre - design services and submit recommendations for repairs along with cost estimates.
Based on their report, the repair is estimated to cost $260,000. The Architect/Engineer Selection
Committee has recommended Bricker Cannady for the design, engineering, and preparation of bid
documents for the repair of the station and to work with the project coordinator to provide construction
management. It is a fixed fee of $25,000, plus reimbursables.
Page 7 of 16
Minutes of the Regular Session - February 14, 2002
Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger
seconded the motion.
City Manager Mercer explained that the repairs are not covered by insurance because the structure is more
than ten years old. No lawsuits are pending and the statute of limitations has expired. Assistant City
Manager Bob Leiper said that Administration is not aware of any illnesses directly attributable to the
mold problems.
The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9318
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY
OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREEMENT WITH BRICKER + CANNADY
ARCHITECTS FOR THE DESIGN, ENGINEERING AND CONSTRUCTION MANAGEMENT OF
THE REPAIRS TO FIRE STATION ONE ON GARTH ROAD; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF TWENTY -FIVE THOUSAND AND NO /100 DOLLARS
($25,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 021402 -7, amending Chapter 34 "Environment," Article III
"Junked, Wrecked, Abandoned Property," Division 2 "Vehicles," Section 34 -91 "Definitions,"
subsection (5); Section 34 -94 "Exceptions," subsection (2), and Section 34 -95 "Notice to abate;
hearing; disposal," subsection (a), subsection (a)(2) and subsection (c) of the Code of Ordinances,
Baytown, Texas, to conform with recent changes in state law, including the definitions of junk
vehicle, abandoned vehicle, and notice requirements; amending Chapter 26 "Community
Development," Division 4 "Space, occupancy, structural, mechanical and fire protection
requirements," by deleting in its entirety Section 26-144 "Vehicle storage on private property"
from the Code of Ordinances, City of Baytown, Texas.
Section 26 -144 "Vehicle storage on private property" is deleted in its entirety from Chapter 26
"Community Development," Division 4 "Space, occupancy, structural, mechanical and fire protection
requirements" because it does not comply with current state law.
These amendments bring our current ordinance into compliance with legislative changes pursuant to
House Bill 489 codified in the Texas Transportation Code §§ 683.071- 683.078 effective September 1,
2001.
Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley seconded
the motion.
Page 8 of 16
Minutes of the Regular Session - February 14, 2002
Mike Lester, Public Health Director, informed Council that this amends the way in which an inoperable
vehicle is handled. The vehicle must be inoperable for 30 days on private property or 72 hours on public
property, and must be abated and removed not later than the 10th day after the date on which the notice is
mailed, rather than the date of delivery. He added that the impact of these changes will be limited, since
most owners already have solved the problem before the process is concluded.
When asked whether the City could shorten the time from 30 days, City Attorney Ramirez replied that
this time period has been mandated by the state legislature and may not be changed.
The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9319
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 34
"ENVIRONMENT," ARTICLE III "JUNKED, WRECKED, ABANDONED PROPERTY," DIVISION 2
"VEHICLES," SECTION 34 -91 "DEFINITIONS," SUBSECTION (5); SECTION 34 -94
"EXCEPTIONS," SUBSECTION (2), AND SECTION 34 -95 "NOTICE TO ABATE; HEARING;
DISPOSAL," SUBSECTION (A), SUBSECTION (A)(2), AND SUBSECTION (C) OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO CONFORM WITH RECENT CHANGES IN STATE LAW,
INCLUDING THE DEFINITIONS OF JUNK VEHICLE, ABANDONED VEHICLE, AND NOTICE
REQUIREMENTS; PRESCRIBING A MINIMUM PENALTY OF ONE HUNDRED AND N0 1100
DOLLARS ($100.00) AND A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 DOLLARS
($200.00); AMENDING CHAPTER 26 "COMMUNITY DEVELOPMENT," DIVISION 4 "SPACE,
OCCUPANCY, STRUCTURAL, MECHANICAL AND FIRE PROTECTION REQUIREMENTS," BY
DELETING IN ITS ENTIRETY SECTION 26 -144 "VEHICLE STORAGE ON PRIVATE PROPERTY"
FROM THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 020214 -8, approving Change Order No. 1 and final payment,
and accepting the Water Service Line Relocation Project.
The proposed ordinance approves deduct Change Order No. 1 to adjust final quantities in the amount of
$1,029.58, and final payment of $7,824.81 to Fulkerson Plumbing, and accepts the Water Service Line
Relocation Project. The contract award amount was $32,946.56, the final contract amount is $31,916.98,
and represents a 3.1% cost savings. The cost savings was due to a reduction of service connections. The
contract original duration was 45 calendar days and the contractor completed the work in 58 calendar
days. The delays were due to the needed rehabilitation of equipment used to repair a leaking distribution
valve, rain, and inspection of the tie -ins. The contractor's workmanship was satisfactory. This work was
funded by Water Distribution System funds.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Godwin seconded
the motion. The vote follows:
Page 9 of 16
Minutes of the Regular Session - February 14, 2002
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9320
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING DEDUCT CHANGE ORDER NO. 1 WITH FULKERSON PLUMBING TO ADJUST
THE FINAL UNIT BID QUANTITIES FOR THE WATER SERVICE LINE RELOCATION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVEN THOUSAND EIGHT HUNDRED
TWENTY -FOUR AND 81/100 DOLLARS ($7,824.81) TO FULKERSON PLUMBING FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 020214 -9, approving Change Order No. 1 and final payment,
and accepting the Rollingbrook Emergency Storm Sewer Repair.
The proposed ordinance approves Change Order No. 1 to adjust final quantities in the amount of $72.40,
to add additional contract days due to wet conditions and an unexpected waterline repair, and final
payment of $4,689.74 to Excalibur Construction, Ltd., and accepts the Rollingbrook Emergency Storm
Sewer Repair Project. The contract award amount was 546,825, the final contract amount is $46,897.40,
and represents a 0.1 % cost increase. The cost growth was due to a final adjustment of pay quantities. The
contract original duration was 30 calendar days. Change Order No.1 adds 28 calendar days, (25 due to
rain and wet conditions under the bridge, and 3 due to the repair of a waterline not shown on the
drawings), for a total of 58 calendar days. The contractor's workmanship was satisfactory. This work
was funded by 1994 General Obligation Bonds.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Sheley
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. 9321
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CHANGE ORDER NO. 1 WITH EXCALIBUR CONSTRUCTION, LTD., TO
ADJUST THE FINAL UNIT BID QUANTITIES FOR THE ROLLINGBROOK EMERGENCY
STORM SEWER REPAIR PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FOUR
THOUSAND SIX HUNDRED EIGHTY -NINE AND 74/100 DOLLARS ($4,689.74) TO EXCALIBUR
CONSTRUCTION, LTD., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 10 of 16
Minutes of the Regular Session - February 14, 2002
Consider Proposed Ordinance No. 020214 -10, modifying the configuration of the Missouri Street
and Wyoming Street intersection traffic operations.
At its January 16, 2002 meeting, the Growth Management and Development Advisory Commission
recommended that City Council approve the following improvements in the configuration of Missouri
Street and Wyoming Street.
Kimley -Horn and Associates, Inc. (KHA) evaluated the current configuration of the Missouri Street and
Wyoming Street intersection due to concerns regarding the safety of motorists approaching the
intersection. KHA recommends the following improvements:
• Remove the yield sign on the northbound approach of Wyoming Street.
• Install a 4 -inch, double yellow stripe along the transition to separate two -way flow and visually
reinforce the continuation of through traffic.
• Install a stop sign, and paint a 24 -inch stop bar at the westbound exit from the Bridgeview
Apartments complex.
• Install a warning sign on the eastbound approach, indicating a turn ahead and indicate safe speed
through 20 MPH supplemental plaque.
Council Member Godwin moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion.
City Manager Mercer stated that citizens who reside in the area and the West Baytown Civic Association
had made staff aware of the problems at this intersection.
The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9322
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS,"
SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS," OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, BY DESIGNATING THE WESTBOUND EXIT OF
THE BRIDGEVIEW APARTMENT COMPLEX AS A STOP INTERSECTION; AUTHORIZING THE
POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100
DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
Page 11 of 16
Minutes of the Regular Session - February 14, 2002
Consider approval of plans and specifications for 2001 Municipal Street Rehabilitation Program
and approval for advertisement for bids.
The base bid scope of work consists of rehabilitating seven streets, including Chandler, Mayhaw,
Northwood, Oakmont, Woodcrest, Lindberg, and Deanne. The type of rehabilitation ranges from hot mix
asphaltic concrete overlay to complete reinforced concrete replacement. There will also be minor inlet
work, curb and gutter replacement, and sidewalk replacement. Approximately 1,010 linear feet of 6 -inch
diameter PVC water line will be installed on Deanne, Oakmont, and Woodcrest Streets. Work also
includes installation of wheelchair ramps at intersections that require ADA compliance. The base bid total
estimated cost, including construction, quality assurance testing, and engineering for the seven streets is
$971,283. The base bid construction estimate is $848,281. The quality assurance- testing estimate is
$59,380 and will be awarded at the same time as the construction contract. The engineering and design
fee, $63,622, was previously approved by Council. West Texas Avenue will be bid as an alternate item
because the total amount of funding available for this project is $989,615. The alternate bid total
estimated cost, including construction, quality assurance testing, and engineering for West Texas Avenue
is $399,239. The alternate bid construction estimate is $348,680. The quality assurance- testing estimate
is $24,408, and will be awarded at the same time as the construction contract. The engineering and design
fee is $26,151 and was previously approved by Council. The anticipated bid date is March 21, 2002 and
will be awarded based upon the bid prices received. The construction duration is estimated at 180
calendar days. This project will be funded by Capital Improvement Project Funds.
Council Member Mundinger moved approval of plans and specifications for 2001 Municipal Street
Rehabilitation Program and approval for advertisement for bids. 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.
Consent Agenda
a) Proposed Ordinance No. 020214 -11 amends Schedule V of Section 94 -121 of the Code of
Ordinances by reducing the speed limit on Civic Drive from 30 mph to 20 mph. At its
January 16, 2002 meeting, the Growth Management and Development Advisory
Commission recommended that City Council make the speed limit change.
The recommendation to lower the speed limit to 20 mph is based on the geometric design
of the roadway. The radius of the road is 230 °, the angle is 90 °, and the length is 361 feet.
Pursuant to the standards from the Transportation and Traffic Engineering Handbook on
Geometric Design, Second Edition, staff recommends the following:
• Lower the speed limit to 20 mph.
• Install rumble strips and pedestrian warning signs in advance of the cross walk
leading to City Hall and the Community Center.
• Install roadway markings and delineators.
Page 12 of 16
Minutes of the Regular Session - February 14, 2002
b) Proposed Ordinance No. 020214 -12 approves credit Change Order No. 3 to adjust final
quantities in the amount of $1,000, final payment of $18,634.70 to D & W Contractors,
Inc., and accepts the Veterans' Memorial Plaza Project. The contract award amount was
$103,434 and the final contract amount is $117,515, which represents a 13.6% cost
growth. The cost growth and additional time required were due to the addition of granite
benches in Change Order No. 1. Change Order 3 is a credit of $1,000 because the
workmanship on the granite bench tops was below standard and the sub - contractor was
unable to correct all of the problems. The contract original duration was 45 calendar days.
Change Order No. 1 added 45 calendar days, for a total contract duration of 90 calendar
days (June 17, 2001). The project reached substantial completion in 71 calendar days, in
time for the Memorial Day celebration on May 28, 2001. The contractor's workmanship
was satisfactory. This work was funded by various funding sources.
C) Proposed Ordinance No. 020214 -13 authorizes renewal of a delinquent tax collection
agreement with Randall B. Strong. The City of Baytown originally entered into an
agreement for the collection of delinquent ad valorem taxes in August 1993 for a term of
two years. The contract has been renewed since, and adjusted to coincide with the fiscal
year. The most recent contract expired September 30, 2001. This will renew the contract
from October 2001 through September 2003. Mr. Strong has been responsive to the needs
and priorities of the City in collecting taxes. The collection rate meets expectations.
Section 6.30(c) of the Texas Property Tax Code states "The governing body of a taxing
unit may contract with any competent attorney to represent the unit to enforce the
collection of delinquent taxes. The attorney's compensation is set in the contract, but the
total amount of compensation provided may not exceed 20 percent of the amount of
delinquent tax, penalty, and interest collected."
The contract presented for approval sets the attorney's compensation equal to 15% of the
amount of delinquent taxes, penalties and interest collected. In accordance with Section
33.07(a) of the Texas Property Tax Code, an additional penalty of 15% is assessed on the
delinquent accounts to defray the cost of the attorney's compensation. The net cost to the
City for this contract is zero.
The Finance Committee met on January 22, 2002 and recommended that Council approve
this contract.
d) Proposed Ordinance No. 020214 -14 authorizes the first renewal of the annual janitorial
products contracts, Items #1 -13 to Matera Paper Company in the amount of $25,386.45;
and Item #14 to Groves Industrial Supply in the amount of $4,978.50, for a total contract
amount of $30,364.95. Matera Paper Company and Groves Industrial Supply have
submitted written requests to renew their contract for the same pricing, terms and
conditions. Quantities remain the same. This contract will be used to stock the Central
Warehouse for distribution of janitorial products to all departments.
Page 13 of 16
Minutes of the Regular Session - February 14, 2002
e) Proposed Ordinance No. 020214 -15 authorizes a contract for the ninth annual Baytown
Household Hazardous Materials Collection Day, in the estimated amount of $42,150, to
MSE Environmental, Inc., a contractor for Houston - Galveston Area Council. The ninth
annual Household Hazardous Materials Collection Day will be held on April 20, 2002.
Last year, our collection gathered approximately 73,000 pounds of potentially hazardous
waste. Approximately 20% of the waste collected was recycled or reissued. The cost
funded by the City was approximately $55,000. Previously, the City was the recipient of
contributions from hazardous materials disposal contractors. The contributions ended in
1999.
f) Proposed Ordinance No. 020214 -16 awards the bid for the repair of mechanical bar screen
for the Central District Wastewater Treatment Plant to Houston Service Industries, in the
amount of $47,850. Work required includes repair and delivery. City crews will install
the equipment. Invitations to bid were mailed to five suppliers and we received one
response and one no -bid. Houston Service Industries dismantled the bar screen and
prepared the scope of work.
Council Member Godwin moved adoption of the consent agenda, items a through f. Council Member
Sheley 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. 9323
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS,"
SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE V "DESIGNATION — SPEED
LIMIT ZONES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO LOWER
THE SPEED LIMIT ON CIVIC DRIVE FROM 30 MILES PER HOUR TO 20 MILES PER HOUR;
REPEALING ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9324
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CHANGE ORDER NO. 3 WITH D & W CONTRACTORS, INC., TO ADJUST THE
FINAL UNIT BID QUANTITIES FOR THE VETERANS' MEMORIAL PLAZA PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHTEEN THOUSAND SIX HUNDRED
THIRTY -FOUR AND 70/100 DOLLARS ($18,634.70) TO D & W CONTRACTORS, INC., FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 14 of 16
Minutes of the Regular Session - February 14, 2002
ORDINANCE NO. 9325
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY
OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH RANDALL B. STRONG
FOR THE COLLECTION OF DELINQUENT AD VALOREM TAXES; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9326
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACTS OF MATERA PAPER COMPANY AND GROVES INDUSTRIAL SUPPLY FOR
THE ANNUAL JANITORIAL PRODUCTS CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF THIRTY THOUSAND THREE HUNDRED SIXTY -FOUR AND
95/100 DOLLARS ($30,364.95); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9327
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE
PAYMENT OF FORTY -TWO THOUSAND ONE HUNDRED FIFTY AND N0 1100 DOLLARS
($42,150.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR COLLECTION SERVICES
ASSOCIATED WITH BAYTOWN'S NINTH ANNUAL HOUSEHOLD HAZARDOUS MATERIALS
COLLECTION DAY ON APRIL 20, 2002; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9328
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF HOUSTON SERVICE INDUSTRIES FOR THE REPAIR OF A MECHANICAL BAR
SCREEN FOR THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -SEVEN
THOUSAND EIGHT HUNDRED FIFTY AND NO /100 DOLLARS ($47,850.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider appointment of Health Officer and Alternate Health Officer for the City of Baytown.
Dr. James J. Bernick has served as Health Officer for the City since March 1, 1998. His present term will
expire on March 9, 2002. Dr. Bernick has agreed to serve another two -year term. Dr. David Hall has
served as Alternate Health Officer for the City since December 16, 1997. His present term will expire on
March 9, 2002. Dr. Hall has agreed to serve another two -year term.
Council Member Mundinger moved appointment of Dr. James J. Bernick as Health Officer and Dr. David
Hall as Alternate Health Officer for the City of Baytown. Council Member Sheley seconded the motion.
The vote follows:
Page 15 of 16
Minutes of the Regular Session - February 14, 2002
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointment to the Community Development Advisory Committee.
The term for this position expired on January 1, 2002. This position represents Council District 1. This is
a two -year term.
This item was deferred until the next meeting.
Consider appointment to the Growth Management and Development Advisory Commission and
Planning and Zoning Commission.
The terms of John D. Jones (District 1) and Wayne Smith (District 6) expired January 1, 2002. Both
members are willing to serve again if Council reappoints them. Of the thirteen meetings held since
October 2000, Mr. Jones attended six and Mr. Smith attended ten. This is a two -year term.
The Zoning Commission had no meetings in the year 2001. The Zoning Commissioners are the same as
the members of the Growth Management and Development Advisory Commission.
Council Member Renteria moved appointment of Jesse Gutierrez to represent District 1 on the Growth
Management and Development Advisory Commission and Planning and Zoning Commission. Council
Member Anderson 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 introduced Dale Palmer, the new Fire Chief.
Mr. Mercer informed Council that the Trash Off will be held on Saturday, April 6, 2002.
Fab +e its of 16
Minutes of the Regular Session - February 14, 2002
Adjourn.
xi
Council Member Mundinger moved that the meetinIg adjourn. Council Member Godwin seconded the
motion. The vote Follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria,.and Sheiey.
Mayor Marc,
Nays: None.
]'he motion carried.
There being no further business, tire meeting adjourned at 7:17 p.mm.
Ga ;v-1W. Smith
City Clerk
M