2002 06 13 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
June 13, 2002
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on June 13, 2002, at 6:30 p.m.
in the Council Chamber of the Baytown City Hall with the following in attendance:
Ronnie Anderson
Council Member
Coleman Godwin
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Mercedes Renteria III
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 a representative of Boy Scout Troop 208 led the
pledge of allegiance. Council Member Renteria offered the invocation after which the following
business was conducted:
Consider approval of minutes of the work session and regular meeting held on May 23, 2002.
Council Member Sheley moved approval of the minutes of the work session and regular meeting held
on May 23, 2002. 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.
Consider approval of minutes for the special meeting held on June 5, 2002.
Council Member Godwin moved approval of the minutes of the special meeting held on June 5, 2002.
Council Member Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
Council Member Sheley abstained
The motion carried.
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Minutes of the Regular Session — June 13, 2002
Consider approval of minutes for the special meeting held on June 12, 2002.
Council Member Renteria moved approval of the minutes of the special meeting held on June 12,
2002. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
Council Member Sheley abstained
The motion carried.
Administer Oath of Office to the newly elected Mayor.
City Attorney Ignacio Ramirez, Sr. administered the oath of office to Mayor Pete C. Alfaro.
Citizen Communications:
Peter Juarez, 3210 Arkansas Street, seeks the opportunity to submit a proposal for the installation of a
"disc golf" course.
Mr. Juarez was called three times but did not appear.
The following two items were considered together.
Consider Proposed Ordinance No. 020613 -1, the final reading of the ordinance annexing
property currently within the extra - territorial jurisdiction of the City of Baytown and being a
1.384 -acre tract east of Garth Road and north of Interstate Highway 10 and the Jack- In -The-
Box restaurant property, in the George Ellis League, A -21.
Proposed Ordinance 020613 -1 is the final reading for annexation of a 1.384 -acre tract east of Garth
Road and north of Interstate Highway 10 and the Jack -In -The -Box restaurant property, in the George
Ellis League, A -21. Mr. Momin has filed and the City Council has approved a petition to annex this
property proposed for the construction of a convenience store. In accordance with state law, two
public hearings were held on the proposed annexation on March 28, 2002. The proposed ordinance
was approved at its first reading on April 25, 2002, and was published in the Baytown Sun on April 30,
2002. More than thirty days have elapsed since the publication and the ordinance can be considered
for final action.
Consider Proposed Ordinance No. 020613 -2, placing the recently annexed 1.384 -acre tract east
of Garth Road and north of Interstate Highway 10 and the Jack -In- The -Box Restaurant
property, in the George Ellis League, A -21, in Council District No. 4.
Proposed Ordinance No. 020613 -2 places the recently annexed 1.384 -acre tract east of Garth Road and
north of Interstate Highway 10 and the Jack -In- The -Box Restaurant property, in the George Ellis
League, A -21, in Council District No. 4. Upon annexation property must be placed in the proper
Council District. The property is adjacent to other properties within the City that are situated in
Council District No. 4.
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Minutes of the Regular Session — June 13, 2002
Council Member Murray moved adoption of Proposed Ordinance Nos. 020613 -1 and 020613 -2.
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. 9348
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF
THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 1.384 ACRE TRACT OF
LAND OUT OF A 20.971 ACRE TRACT OF LAND IN THE GEORGE ELLIS LEAGUE,
ABSTRACT 21, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORY LIES ADJACENT TO
AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
ORDINANCE NO. 9359
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A
1.384 ACRE TRACT OF LAND OUT OF A 20.971 ACRE TRACT OF LAND IN THE GEORGE
ELLIS LEAGUE, ABSTRACT 21, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 020613 -3, approving Change Order No. 2, final payment to D
& W Contractors, Inc., and acceptance of the West Main Street Paving Improvements Project.
Proposed Ordinance No. 020613 -3 approves deduct Change Order No. 2 to adjust the final quantities
in the amount of $23,755.23 and approves the final payment of $24,636.81 to D & W Contractors,
Inc., and accepts the West Main Street Paving Improvements Project. The contract award amount was
$509,767.50. There was one change order for additional pavement reinforcing steel totaling
$6,723.84, for an amended contract amount of $516,491.34. The final contract amount is $492,736.11
and represents a 4.6% cost savings. The cost savings was largely due to an adjustment of final
quantities on various bid items. The contract's original duration was 150 calendar days and the
contractor completed the work in 142 calendar days. The contractor's workmanship was satisfactory.
This work was funded by 2000 Certificates of Obligation.
Council Member Mundinger moved adoption of the proposed ordinance. 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.
Page 4 of 10
Minutes of the Regular Session — June 13, 2002
ORDINANCE NO. 9360
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING DEDUCT CHANGE ORDER NO. 2 WITH D & W CONTRACTORS, INC., TO
ADJUST THE FINAL UNIT BID QUANTITIES FOR THE WEST MAIN PAVING AND
DRAINAGE RvfPROVEMENTS PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF
TWENTY -FOUR THOUSAND SIX HUNDRED THIRTY -SIX AND 81/100 DOLLARS
($24,636.81) TO D & W CONTRACTORS, INC., FOR SAID PROJECT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 0206134, awarding an
preparation of land use assumptions, 20 -year capital
wastewater, and the capital recovery fees determination
Texas Local Government Code.
This item was withdrawn from consideration.
engineering services contract for the
improvements plans for water and
according to Chapter 395, Title 12,
Consider Proposed Ordinance No. 020613 -5, prescribing the number of positions in each
classification in the police department.
This item was withdrawn from consideration.
Consent Agenda.
a. Proposed Ordinance No. 020613 -6 grants an easement to Gulf Coast Pipe Line, L.P.
( "GCPL ") in the Baytown Nature Center (the "Center") and approves a permit for the
pipeline. GCPL is installing a new pipeline from Deer Park to Mont Belvieu. The line
will carry petroleum products and will cross under Bayshore Drive and several lots
within the Baytown Nature Center. After completion of construction, the affected land
will be restored to its pre - construction condition. As consideration for granting this
easement, GCPL will pay the City $50,000, which will be used for the Center's
enhancement. Additionally, GCPL will reimburse the City for the employment of
Gregg Crouch of Crouch Environmental Services, Inc., who will perform the following
services:
➢ review construction documents and perform inspections to ensure compliance with
all environmental laws and regulations;
➢ inspect post - construction activities to assure that measures have been implemented
to protect the environment while the disturbed areas re- vegetate; and,
➢ act as a liaison between the pipeline company and the City so that environmental
concerns will be adequately addressed.
The Parks and Recreation Board has reviewed the proposal and has no objection.
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Minutes of the Regular Session — June 13, 2002
b. Proposed Ordinance No. 020613 -7 amends Chapter 94 "Traffic and Vehicles," Article
IV "Specific Street Regulations," Section 94 -121 "Schedules Enumerated," Schedule
IX "Signalized Intersections" of the Code of Ordinances to authorize removal of traffic
control signals at the intersection of Decker Drive and Lobit Street. A traffic study
performed by Kimley -Horn has detennined that the signals are not warranted. The
study further recommended that the signals be placed in flash mode for a 90 -day period
to make certain no adverse effects would result from their removal. Under the
provisions of Section 94 -61(2) of the Code of Ordinances, the traffic signals were
placed in flash mode on March 5, 2002. The signals flashed yellow on Decker and red
on Lobit. The 90 -day period has now elapsed with no undesirable consequences. The
Growth Management and Development Advisory Commission recommends approval of
this plan.
C. Proposed Ordinance No. 020613 -8 awards the second renewal of the annual Residential
Solid Waste Collection and Disposal Services contract to Waste Management of Texas
in the amount of $1,653,557.04. Waste Management submitted a written request to
renew the current contract with the allowable CPIU increase. Based on a 1.5% CPIU,
unit price is $8.31 per residential unit for 16,582 residential units. The monthly cost is
$137,796.42.
The increase in annual award based on the 1.5% CPIU increase equals $23,878.08, or
$1,989.84 on a monthly basis.
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.
d. Proposed Ordinance No. 020613 -9 awards the second renewal of the annual Recycling
Center Services contract to Waste Management of Texas in the amount of $68,760.
Waste Management has submitted a written request to renew the current contract for the
same pricing, terms, and conditions. Monthly charge for operation of the Recycling
Center is $2,850. Monthly cost for 12 hauls per month is $2,880. Price per haul is
$240.
e. Proposed Ordinance No. 020613 -10 authorizes an interlocal agreement with Chambers
County for the purchase of the City's used police uniforms. This agreement does not
obligate the City to sell or the County to purchase a specified number of retired
uniforms. In obtaining the uniforms and the use of same, the County has, and will
continue to rely solely on its own inspections, investigations and due diligence
regarding the same and the County acknowledges that the City has made no
representations or warranties expressed or implied with respect to the products to be
rendered.
Page 6 of 10
Minutes of the Regular Session — June 13, 2002
f. Proposed Ordinance No. 020613 -11 awards the purchase of Motorola radio equipment
for the Harris County Organized Crime and Narcotics Task Force (HCOCNTF) through
Houston - Galveston Area Council (H -GAC) in the amount of $188,495.15, inclusive of
the H -GAC fee. The H -GAC fee is $3,074.03. The Harris County Sheriff's
Department had provided the radio equipment as a part of their participation in the Unit.
The Sheriffs Department is reducing its involvement in the Unit. This purchase will
replace the radio equipment no longer provided by the Sheriffs Department. Funds are
available in the Organized Crime and Narcotics Task Force Fund.
g. Proposed Ordinance No. 020613 -12 amends Chapter 18 'Buildings and Building
Standards," Article III "Electrical Code," Division 6 "Standards," Section 18 -432
"Technical specifications," Subsection 0), of the Code of Ordinances to allow
additional materials to be used to install electrical wiring for multifamily dwelling
complexes. Specifically, the ordinance allows one to use tray cable service conductors
to electrical panels inside dwelling units in multifamily dwelling complexes if-
1. a 13R automatic sprinkler system, as defined in the 1994 standards of the National
Fire Protection Association, is installed;
2. an audible and visual alarm is installed to indicate not only the water flow from as
few as one sprinkler head but also any tampering with the water supply valves of the
sprinkler system. These alarms shall be installed so that they can be heard and seen
from all sides of the building from outside the building; and,
3. a 2 Y2-inch fire department connection is installed.
The National Electrical Code authorizes the use of tray cable service conductors in this
manner.
The Electrical Board has reviewed and recommends the proposed ordinance
h. Proposed Resolution No. 020613 -1 approves the application by the City Manager for a
grant from the United States Department of Justice for the Local Law Enforcement
Block Grants Program. The proposed resolution designates the City Manager as the
Authorized Official, and authorizes the City Manager to accept any grant awarded from
the application. The total match for this grant will be $55,200. The City of Baytown's
match portion of the local match is $6,133. The remaining match money will come
from member agencies and generated program income.
Council Member Sheley moved adoption of the consent agenda, items a through h. 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.
Page 7 of 10
Minutes of the Regular Session — June 13, 2002
ORDINANCE NO. 9361
AN ORDINANCE GRANTING AN EASEMENT TO GULF COAST PIPE LINE, L.P., IN THE
BAYTOWN NATURE CENTER; APPROVING THE APPLICATION FOR A NEW PIPELINE TO
BE CONSTRUCTED WITHIN THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING
THE DIRECTOR OF ENGINEERING TO ISSUE PERMITS THEREFOR; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 9362
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 IX
"DESIGNATION — SIGNALIZED INTERSECTIONS" OF THE CODE OF ORDINANCES, CITY
OF BAYTOWN, TEXAS, BY REMOVING THE TRAFFIC CONTROL SIGNAL AT THE
INTERSECTION OF DECKER DRIVE AND LOBIT STREET; AMENDING CHAPTER 94
"TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION
94 -121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD
INTERSECTIONS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY
PLACING A STOP SIGN ON LOBIT STREET AT ITS INTERSECTION WITH DECKER DRIVE;
AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING
ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY
OF TWO HUNDRED AND NO 1100 DOLLARS (5200.00) FOR EACH VIOLATION THEREOF;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9363
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE
CONTRACT OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL SOLID WASTE
COLLECTION AND DISPOSAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF ONE MILLION SIX HUNDRED FIFTY -THREE
THOUSAND FIVE HUNDRED FIFTY -SEVEN AND 04/100 DOLLARS ($1,653,557.04); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 9364
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE
CONTRACT OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL RECYCLING
CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF SIXTY -EIGHT THOUSAND SEVEN HUNDRED SIXTY AND
NO /100 DOLLARS ($68,760.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9365
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH CHAMBERS COUNTY FOR THE
SALE OF THE CITY'S USED POLICE UNIFORMS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Page 8 of 10
Minutes of the Regular Session — June 13, 2002
ORDINANCE NO. 9366
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING
THE PAYMENT OF ONE HUNDRED EIGHTY -EIGHT THOUSAND FOUR HUNDRED
NINETY -FIVE AND 15/100 DOLLARS ($188,495.15) TO HOUSTON - GALVESTON AREA
COUNCIL FOR THE PURCHASE OF MOTOROLA RADIO EQUIPMENT FOR THE HARRIS
COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 9367
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18
"BUILDINGS AND BUILDING STANDARDS" ARTICLE III "ELECTRICAL CODE," DIVISION
6 "STANDARDS," SECTION 18432 "TECHNICAL SPECIFICATIONS," SUBSECTION (J) OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALLOW ADDITIONAL MATERIALS
TO BE USED TO INSTALL ELECTRICAL WIRING FOR MULTIFAMILY DWELLING UNITS;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND N01100 DOLLARS
($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1549
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE BUREAU OF
JUSTICE ASSISTANCE, OFFICE OF JUSTICE PROGRAMS, UNITED STATES DEPARTMENT
OF JUSTICE FOR A LOCAL LAW ENFORCEMENT BLOCK GRANT IN THE AMOUNT OF
FIFTY -FIVE THOUSAND TWO HUNDRED AND NO 1100 DOLLARS ($55,200.00) FOR LAW
ENFORCEMENT ACTIVITIES OF THE BAYTOWN POLICE DEPARTMENT; DESIGNATING
AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT
OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AUTHORIZING THE
REQUISITE MATCH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider confirmation of the City Manager's appointment of Chief of Police.
The following persons registered to speak to Council concerning confirmation of the City Manager's
appointment of Chief of Police and yielded their time to Reverend Henry Carr:
Linda Navejar, Ricky Brownfield, Marge Hernandez, Carrie Orr, Pastor Gregory Griffith, Jack Baskin,
Hilda Martinez, Carmen Torres, Al Flores, Charles Mixon, Kay Mitchell, and Maria Morales.
Helen G. Motte registered to speak to Council on this matter but left the meeting before her name was
called.
Reverend Henry Carr, 211 Harold Lane
Reverend Carr spoke in opposition to the confirmation of the City Manager's appointment of Byron
Jones as Chief of Police.
Page 9 of 10
Minutes of the Regular Session — June 13, 2002
The following persons registered to speak to Council concerning confirmation of the City Manager's
appointment of Chief of Police and yielded their time to Eva Benavides:
Fred Aguilar, Ruben DeHoyos, Guillermo Ocegueda, Rafael Perez, and Maria Ortiz.
Eva Benavides, 3127 Wisconsin
Ms. Benavides spoke in opposition to the confirmation of the City Manager's appointment of Byron
Jones as Chief of Police.
The following persons registered to speak to Council concerning confirmation of the City Manager's
appointment of Chief of Police and yielded their time to Hilda Martinez:
Arthur Martinez, Veronica Estrada, and Jason Martinez.
Hilda Martinez, 7507 Shoshone
Ms. Martinez spoke in opposition to the confirmation of the City Manager's appointment of Byron
Jones as Chief of Police.
The following persons registered to speak to Council concerning confirmation of the City Manager's
appointment of Chief of Police and spoke in support of the appointment of Byron Jones:
Clint Johnson, Jackie Erikson, Johnny Erikson, Reverend Richard Turner, David Alford, and Chuck
Edge.
Martha Trealor registered to speak to Council concerning the confirmation of the City Manager's
appointment of Chief of Police and yielded her time to Reverend Turner.
Council Member Mundinger moved confirmation of the City Manager's appointment of Byron Jones
as Chief of Police. Council Member Murray seconded the motion. There was lengthy discussion, both
in support of and opposition to confirmation. After further consideration, Council Member Murray
withdrew his second and Council Member Mundinger withdrew his motion.
Council Member Sheley moved to table this item until the next regular meeting on June 27, 2002.
Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: Council Member Godwin.
The motion carried.
Page 10 of 10
Minutes of the Regular Session — June 13, 2002
Consider appointment to the Baytown Area Water Authority.
Sam Schulze has tendered his resignation as a director of the Baytown Area Water Authority Board.
Mr. Schulze served the position outside the City, but within the authority's boundaries. The
appointment is for the unexpired term. City Council is authorized to make the appointment.
Council was not ready for action on this item.
Consider appointment to the Board of Adjustment.
William J. Reineke has tendered his resignation as a member of the Board of Adjustment. The
appointment is for the unexpired term. City Council is authorized to make the appointment.
Council was not ready for action on this item.
City Manager's Report.
None.
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 7:58 p.
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Gar.YW. Sinith
City Clerk