2002 07 11 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
July 11, 2002
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on July 11, 2002, at 6:30
p.m. in the Council Chamber of the Baytown City Hall with the following in attendance:
Coleman Godwin
Calvin Mundinger
Don Murray
Scott Sheley
Pete C. Alfaro
Gary Jackson
Ignacio Ramirez, Sr.
Gary W. Smith
Absent was: Ronnie Anderson
Council Member
Council Member
Council Member
Council Member
Mayor
Interim City Manager
City Attorney
City Clerk
Council Member
The meeting was opened with a quorum present and Council Member Mundinger led the pledge
of allegiance and offered the invocation. Council Member Mercedes Renteria III arrived at 6:33
p.m. after which the following business was conducted:
Consider approval of minutes for the work session held on June 24, 2002.
Council Member Sheley moved approval of the minutes of the work session held on June 24,
2002. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider approval of minutes for the work session and regular meeting held on June 27,
2002.
Council Member Murray moved approval of the minutes of the work session and regular meeting
held on June 27, 2002. Council Member Godwin seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 2 of 17
Minutes of the Regular Session — July 11, 2002
Consider approval of the minutes for the work session held on July 1, 2002.
Council Member Sheley moved approval of the minutes of the work session held on July 1,
2002. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Citizen Communications:
Peter Juarez, 3210 Arkansas Street, submitted
course. Mr. Juarez informed Council that this
high benefit to cost ratio. He noted that there
course and requested the City's support as well.
a proposal for the installation of a "disc golf'
is a very fast - growing, proven attraction with a
is strong support in the community for such a
Mayor Alfaro asked Administration to respond to Peter Juarez's request.
Lindy Hall, 709 Bluebird Lane, Pasadena, Texas, discussed how the City applies the utility rates
to RV Parks and presented a request for relief from this method of billing. He also asked for a
refund of his deposit, citing it as excessive.
Mayor Alfaro noted that an ordinance amending the method for calculating water rates for
recreational vehicle parks would be considered later during the meeting.
Recognize Volunteer of the Year — Eddie V. Gray Wetlands Center — Bob Craig.
The departments that utilize volunteers were encouraged to honor their service by recognizing all
who give of their time for the benefit of our community. Bob Craig is recognized for his
dedication and hard work in environmental activities at the Eddie V. Gray Wetlands Center. Bob
is a product of Goose Creek schools. He has earned a Bachelor's Degree in Zoology and a
Master's Degree in Genetics. Previously he served as the general curator of the prestigious
Arizona- Sonora Desert Museum. Bob began volunteering at the Wetlands Center in 1999. His
key contributions have been the planning and construction of two alligator swamp exhibits,
several aquariums and the completion of other exhibits. In 2001, he volunteered 700 hours to the
Center. The Wetlands Center would not be what it is today if Bob had not invested so much of
himself.
Page 3of17
Minutes of the Regular Session — July 11, 2002
Consider Proposed Resolution No. 020711 -1, granting the petition to annex a six -acre tract
east of Thompson Road and south of the Atlantis Truck Wash.
Proposed Resolution No. 020711 -1 grants Roger Williams' petition for annexation of a six -acre
tract of land east of and adjacent to Thompson Road and south of the Atlantis Truck Wash. Mr.
Williams is requesting annexation as a prerequisite to receiving City services. The property is
proposed to be developed as a truck wash. The proposed resolution authorizes staff to prepare a
service plan for the property, establishes dates for public hearings and provides notice of the
public hearings. Following approval of the resolution and the service plan, City Council will be
required to hold two public hearings. Notice of the public hearings will be published in The
Baytown Sun and will be posted on the City's Internet website, both on July 12, 2002. The
public hearings are scheduled for the Council meeting to be held on July 25, 2002. The
annexation ordinance may be considered after 20 days have elapsed following the public
hearings. The final reading of the ordinance may be held 30 days after the ordinance is passed
on its first reading and published.
Council Member Mundinger moved adoption of the proposed resolution. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
RESOLUTION NO. 1551
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE PETITION OF ROGER WILLIAMS CONCERNING THE ANNEXATION
OF A 6 -ACRE TRACT EAST OF THOMPSON ROAD AND SOUTH OF THE ATLANTIS
TRUCK WASH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
The following two items were considered together.
Consider Proposed Ordinance No. 020711 -1, approving an interlocal agreement with the
Baytown Municipal Development District to provide funding for the entryway project for
the Baytown Nature Center.
Proposed Ordinance No. 020711 -1 approves an interlocal agreement with the Baytown
Municipal Development District to provide funding for the entryway project for the Baytown
Nature Center. Because it is a joint project, it is necessary to establish a mechanism for the
payment of the necessary funds for construction of the project. This agreement is similar to the
agreement approved during the May 9, 2002 meeting for the Roseland Park improvements. The
City intends to construct a new entry into the Baytown Nature Center to include approximately
4,500 by 11 linear feet wide of new roadway, a 14 -space parking lot, a restroom, a guard station
facility, a gated entry, fencing, and a water feature along the entry. A quarter acre pond is also
planned for the project. This project was discussed during the Baytown Municipal Development
District (BMDD) meeting held on July 11, 2002. BMDD authorized funding in an amount not to
exceed $450,000.
Page 4 of 17
Minutes of the Regular Session — July 11, 2002
Consider Proposed Ordinance No. 020711 -2, approving a contract for professional services
for the design, engineering, and development of the new entryway into the Baytown Nature
Center.
Proposed Ordinance No. 020711 -2 approves a contract in an amount not to exceed $114,500
($58,200 for basic services and $56,300 for additional services) for professional services for the
design, engineering, and development of the new entryway into the Baytown Nature Center. On
April 5, 2002, the Architect/Engineering Selection Committee recommended Halff Associates,
Incorporated for the planning and engineering of the new entryway into the Baytown Nature
Center on Bayway Drive. Contract negotiations began almost immediately with the firm to
develop the scope of work and layout of the new facility. The City intends to construct a new
entry into the Baytown Nature Center to include approximately 4,500 by 11 linear feet wide of
new roadway, a 14 -space parking lot, a restroom, a guard station facility, a gated entry, fencing,
and a water feature along the entry. A quarter acre pond is also planned for the project.
Construction costs are estimated to be $568,717. Basic services will include the design and
construction of the entryway. Additional services include surveying, geotechnical, material
testing, and environmental services. The environmental services will include application for a
Corps of Engineers permit. The estimated costs of surveying and environmental services are
higher than normal, but the area is very dense and the work required will be slow causing the
cost to rise. Planning and engineering of the project is expected to take 6 to 8 months with
construction expected to begin late this year or early in 2003. This project was discussed during
the Baytown Municipal Development District (BMDD) meeting held on July 11, 2002. BMDD
authorized funding in an amount not to exceed $450,000.
Council Member Sheley moved that Ordinance Nos. 020711 -1 and 020711 -2 be considered
together. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Council Member Mundinger moved adoption of Proposed Ordinance Nos. 020711 -1 and
020711 -2. Council Member Godwin seconded the motion. It was noted that the City would not
be responsible for the engineering of this project. In addition, Council requested that progress
reports be given more frequently than once a year. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 5 of 17
Minutes of the Regular Session — July 11, 2002
ORDINANCE NO. 9375
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN AGREEMENT BETWEEN THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT AND THE CITY OF BAYTOWN TO PROVIDE FUNDING
FOR THE DESIGN, ENGINEERING AND DEVELOPMENT OF THE BAYTOWN NATURE
CENTER ENTRYWAY PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 9376
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 HALFF ASSOCIATES,
INCORPORATED, FOR PROFESSIONAL SERVICES FOR THE DESIGN, ENGINEERING
AND DEVELOPMENT OF THE BAYTOWN NATURE CENTER ENTRYWAY PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED FOURTEEN THOUSAND FIVE HUNDRED AND N01100
DOLLARS ($114,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 020711 -3, approving final payment to D & W
Contractors, Inc. for construction of The Eddie V. Gray Wetlands Education and
Recreation Center Boat Ramp project.
Proposed Ordinance No. 020711 -3 approves final payment to D & W Contractors, Inc. in the
amount of $26,193.15 for construction of the Eddie V. Gray Wetlands Education and Recreation
Center Boat Ramp project. Council authorized the construction contract with D & W
Contractors in the amount of $509,141 at the February 14, 2002 council meeting. There were
three change orders totaling $14,721.92, for a total contract amount of $523,862.92, a 2.89%
increase. These change orders were for additional asphalt and base repairs on the existing
parking lot, lighting, and additional sealant and carpet for the Wetlands Center floors. The
project was funded with $123,506.17 from the 1999 Certificates of Obligation, a S355,605.75
grant from Texas Parks and Wildlife Department's Wallop- Breaux Fund (75/25 match), and
$44,751 from the Eddie V. Gray Wetlands Education and Recreation Center annual budget. The
project included the construction of a one -lane boat ramp, launching piers, floating docks,
lighting, and parking at the Wetlands Center. The project also included the dredging of a 1,550
linear feet by 50 feet wide by 4 feet deep channel from the new ramp site to the Market Street
Bridge. Spoil containment and riprap was used to create a 300 -foot by 150 -foot wetlands area
behind the Wetlands Center and along Market Street by the Goose Creek Bridge. Bob Randall,
of Randall/Porterfield Architect Inc., has reviewed the project and has recommended final
payment to D & W Contractors, Inc. The project was expected to take five months to complete.
The contractor completed the project in three months. The Wetlands Center was closed for the
floor renovations for 2 % weeks and was reopened on May 28, 2002.
Mayor Alfaro introduced Eddie Gray and thanked him for his support.
Page 6 of 17
Minutes of the Regular Session — July 11, 2002
Council Member Sheley moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9377
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION
CENTER BOAT RAMP PROJECT AND IMPROVEMENTS; AUTHORIZING FINAL
PAYMENT OF THE SUM OF TWENTY -SIX THOUSAND ONE HUNDRED NINETY -
THREE AND 15 1100 DOLLARS ($26,193.15) TO D & W CONTRACTORS, INC.; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 020711 -4, awarding a construction contract for the
renovation of the Roseland Park bulkhead and parking lot, and construction of a walking
trail.
Proposed Ordinance No. 020711 -4 awards a construction contract to Tom -Mac, Inc. in the
amount of $235,135, for the renovation of the Roseland Park bulkhead and parking lot and the
construction of a walking trail along the bulkhead. Council approved plans and specifications
and authorized advertisement for bids at the May 9, 2002 council meeting. Two companies
attended the pre -bid conference held on May 22, 2002 and we received two bids. Bob Randall,
of Randall/Porterfield Architect Inc., has reviewed the bids and recommends that the bid be
awarded to Tom -Mac, Inc. in the amount of $235,135, which is 2.8% lower than the architect's
revised estimate of $241,905. The cost of the project is higher than the original estimate of
$185,000 due to engineering reports requiring larger pilings and stronger backing rods.
The project will replace approximately 830 linear feet of timber bulkhead at Roseland Park. The
project also includes an asphalt overlay of the existing parking area near the bulkhead and
construction of 855 feet of concrete trail connecting the bulkhead to the central area of the park.
The renovations will include enlarging the grass area along the bulkhead to expand the usable
fishing area along the bulkhead. The new greenbelt will start near the boat ramp parking area
and extend to the end of the existing parking area. A six -foot portion of the new parking lot will
be separated from the parking area for a safe walking trail along the waterfront. Construction is
expected to take 90 calendar days, beginning in July with completion in October 2002. Funding
for this project is available through the Municipal Development District ($207,135) and the
General Fund ($28,000). The Parks and Recreation Advisory Board approved the plans and
specifications at the May 2, 2002 meeting and recommends approval.
Council Member Sheley moved adoption of the proposed ordinance. Council Member
Mundinger seconded the motion. The vote follows:
Page 7of17
Minutes of the Regular Session — July 11, 2002
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9378
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH TOM -MAC, INC., FOR THE
RENOVATION OF THE ROSELAND PARK BULKHEAD AND PARKING LOT AND
CONSTRUCTION OF A WALKING TRAIL; AUTHORIZING PAYMENT OF THE SUM OF
TWO HUNDRED THIRTY -FIVE THOUSAND ONE HUNDRED THIRTY -FIVE AND
N01100 DOLLARS ($235,135.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 020711 -5, amending the Code of Ordinances, Chapter
98, "Utilities," Article III "Water Service," Section 98 -59 "Rates," to modify the method
for calculating water rates for recreational vehicle parks.
Proposed Ordinance No. 020711 -5 amends the Code of Ordinances, Chapter 98, "Utilities,"
Article III "Water Service," Section 98 -59 "Rates," to modify the method for calculating water
rates for recreational vehicle parks. This amendment provides for the monthly water service
charge for recreational vehicle parks to be determined in accordance with subsection (d)(1) of
this section as if it were a commercial unit individually metered. This is consistent with the
manner in which hotels /motels are billed, as opposed to the current "multi -unit' rate method.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member
Renteria seconded the motion.
Dick Close registered to speak to Council on this item, but yielded his time to Mr. Hall under
Citizen Communications. There was brief discussion regarding the need for a water rate study.
Interim City Manager Jackson informed Council that this would be included in the proposed
2002 -2003 Budget. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 8 of 17
Minutes of the Regular Session — July 11, 2002
ORDINANCE NO. 9379
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98
"UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98 -59 "RATES," SUBSECTION
(C) "MANUFACTURED HOME PARKS AND RECREATIONAL VEHICLE PARKS" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO LIMIT THE APPLICABILITY OF
SUCH SUBSECTION TO MANUFACTURED HOME PARKS ONLY; AND ADDING A
NEW SUBSECTION (H) "RECREATIONAL VEHICLE PARKS" TO SECTION 98 -59
"RATES," ARTICLE III "WATER SERVICE," CHAPTER 98 "UTILITIES" OF THE CODE
OF ORDINANCES, BAYTOWN, TEXAS, TO MODIFY THE METHOD FOR
CALCULATING WATER SERVICE CHARGES FOR RECREATIONAL VEHICLE PARKS;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 020711 -6, amending Chapter 42 "Health and
Sanitation" by repealing Article IV "Food and Food Service Establishments, Divisions 1 -3,
and providing a new Article IV `Food and Food Service Establishments," Divisions 1-3.
Proposed Ordinance No. 020711 -6 amends Chapter 42 "Health and Sanitation" by repealing
Article IV "Food and Food Service Establishments, Divisions 1 -3, and provides a new Article IV
"Food and Food Service Establishments," Divisions 1 -3. The State rules that are adopted by
reference in the current Baytown Code 42 -133 have been repealed by the Board of Health and
are no longer in existence. The new State rules are known as the Texas Food Establishment
Rules (TFER). Since the TFER are the State's minimum requirements, the City is obligated to
enforce the State minimum with an option of being more stringent. In order to comply with the
TFER, the local ordinance needs to be revised and updated. The proposed ordinance also
includes a revised fee structure for food service establishments.
Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion.
It was noted that even with this increase in fees, only 22.55% of the costs for this service are
covered. Baytown is still one of the lowest of any reporting in the area. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 9 of 17
Minutes of the Regular Session — July 11, 2002
ORDINANCE NO. 9380
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, REPEALING DIVISIONS 1
"GENERALLY", 2 "PERMIT ", AND 3 "INSPECTION AND ENFORCEMENT" OF
ARTICLE IV "FOOD AND FOOD SERVICE ESTABLISHMENTS," CHAPTER 42
"HEALTH AND SANITATION" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AND REPLACING THE SAME WITH NEW DIVISIONS OF ARTICLE IV "FOOD AND
FOOD SERVICE ESTABLISHMENTS," CHAPTER 42 "HEALTH AND SANITATION' OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO BE NUMBERED AND
ENTITLED DIVISIONS 1 "GENERALLY," 2 "PERMIT," AND 3 "INSPECTION AND
ENFORCEMENT" TO REVISE, AMEND AND /OR UPDATE THE CODE CONCERNING
FOOD AND FOOD SERVICE ESTABLISHMENTS TO MEET CURRENT STANDARDS,
RULES, AND /OR REGULATIONS; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO /100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 020711 -7, prescribing the number of positions in each
classification in the police department.
Proposed Ordinance No. 020711 -7 prescribes the number of positions in each classification in
the Police Department. With the loss of Crime Control and Prevention District funds for
operational purposes, the number of positions in the Patrol Officer classification must be
adjusted. The authorized strength in each classification will be as follows:
Chief
1
Captain
5
Lieutenant
6
Sergeant
14
Patrol Officer
101
Total
127
A memo detailing the staffing changes was included in the packet.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member
Murray seconded the motion. Police Chief Byron Jones informed Council that the current
staffing level is at 125. He indicated that traffic enforcement would be worked through
overtime. Council expressed the need to maximize traffic enforcement. When asked about
receiving funds from the Texas Department of Transportation, Chief Jones explained that TxDot
reimburses 110% of expenses from the prior year, to the extent fines are collected. The vote
follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
N
Page 10 of 17
Minutes of the Regular Session — July 11, 2002
ORDINANCE NO. 9381
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING ORDINANCE NO. 9047, DECREASING THE NUMBER OF POSITIONS IN
THE CLASSIFICATION "SERVICE GROUP — POLICE "; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Resolution No. 020711 -2, authorizing submission of the 2002 -2003
Community Development Block Grant Action Plan to the U. S. Department of Housing and
Urban Development and related actions.
Proposed Resolution No. 020711 -2 authorizes submission of the 2002 -2003 Community
Development Block Grant Action Plan to the U. S. Department of Housing and Urban
Development (HUD). The 2002 -2003 allocation is $1,089,000, a decrease from last year's
allocation of $1,126,000. Funding under the proposed budget includes $462,759 in unexpended
funds from previous program allotments and $35,000 in program income received from
repayment of demolition and housing rehabilitation liens and revolving loan program payments,
for a total budget of $1,586,759. The City must submit an annual application and proposed
Action Plan to the United States Department of Housing and Urban Development in order to
receive the CDBG Entitlement grant. The Community Development Advisory Committee has
reviewed proposals and formulated funding recommendations for the 2002 -2003 CDBG Action
Plan. City Council makes the final decision concerning the activities and level of funding
contained in the CDBG Program each year. Included in the packet for Council review is the
proposed 2002 -2003 CDBG Final Statement of Objectives and Projected Use of Funds. This
budget document contains the concurring recommendations from the Community Development
Advisory Committee and City staff concerning the activities and level of funding for the 2002-
2003 CDBG Program Year. This item was discussed in the work session held on June 27, 2002.
Council Member Mundinger moved adoption of the proposed resolution. Council Member
Renteria seconded the motion.
Mayor Alfaro noted that due to his participation in the Our Promise for West Baytown
Association, he would refrain from any discussion.
Eric Halverson, Chairman of the Community Development Advisory Committee urged Council
to approve this item as submitted. The employment of the Main Street Coordinator and funding
for the position were discussed. Planning Director Gregory Stubbs explained that he views the
Main Street Program as an economic development effort for the City and that an additional
workload will be realized in the Planning Division. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 11 of 17
Minutes of the Regular Session — July 11, 2002
RESOLUTION NO. 1552
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2002-
2003 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; DESIGNATING AN
AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO
ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 020711 -3, approving revisions to the Senior/Disabled
Citizens Taxi Program.
Proposed Resolution No. 020711 -3 approves revisions to the Senior/Disabled Citizens Taxi
Program. The Senior/Disabled Citizens Taxi Program currently provides seven one -way rides
per month (not to exceed $6 per ride) to 260 low- income senior and disabled citizens. In the
proposed budget, the program has been reduced to provide four one -way rides per month. The
decreased service is directly offset by the Baytown Para - Transit Program, funded through the
Texas Department of Transportation's Section 5310 grant. The Baytown Para - Transit Program
provides unlimited local transit and medical trips to the Houston Medical Center for all seniors
and disabled persons regardless of income. This grant will be in effect until May 31, 2003, with
a possible extension until November 2003. Participants will be notified via mail and
automatically enrolled for the Baytown Para - Transit Program. This revision has been reviewed
by the Community Development Advisory Committee and included in the 2002 -03 proposed
Community Development Block Grant budget.
Council Member Mundinger moved adoption of the proposed resolution. 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.
RESOLUTION NO. 1553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE AMENDED SENIOR/DISABLED CITIZEN TAXICAB PROGRAM
GUIDELINES; ESTABLISHING THE COMMENCEMENT DATE FOR THE GUIDELINES;
PROVIDING A REPEALING CLAUSE.
Page 12 of 17
Minutes of the Regular Session — July 11, 2002
Consider Proposed Resolution No. 0207114, approving revisions to the Owner - Occupied
Housing Rehabilitation Program.
Proposed Resolution No. 0207114 approves revisions to the Owner- Occupied Housing
Rehabilitation Program. Eligible households may receive assistance for rehabilitation, disabled
access, emergency repairs, or reconstruction to comply with current building codes and
standards. Assistance is granted in the form of a deferred forgivable loan, secured by a five -year
lien on the property. The program also includes lead -based paint abatement and a homeowners'
workshop, which covers the basics of homeownership responsibilities during and after the
project. In the upcoming budget year, staff recommends revising the Owner- Occupied Housing
Rehabilitation Program guidelines to further the goal and clarify the original intent of the
program. Currently, the program provides up to $33,000 for a 2- bedroom and $35,000 for a 3-
bedroom reconstruction. This is between $36 -$41 per square foot. The area's average cost for
similar construction is $50 per square foot. Staff proposes increasing the limits to $36,000 for a
2- bedroom and $42,000 for a 3- bedroom reconstruction, which is $40 -$44 per square foot. The
proposed reconstruction limits are below the average allowed in other cities. The current
program guidelines mandate that a lien will not be placed on property following a $5,000
Emergency Repair project. This clause has been deleted. A lien will be placed for the amount of
funds expended on all projects, including an Emergency Repair. This is consistent with the
Homebuyers' Assistance Program and the Basic Home Improvement Program.
Council Member Sheley moved adoption of the proposed resolution. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carved.
RESOLUTION NO. 1554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE AMENDED OWNER - OCCUPIED HOUSING REHABILITATION
PROGRAM GUIDELINES; ESTABLISHING THE COMMENCEMENT DATE FOR THE
GUIDELINES; PROVIDING A REPEALING CLAUSE.
Consider plans and specifications for the renovation of the Duke Hill Park.
The Duke Hill Park renovation project will include the construction of approximately 2,250 feet
of 6 -foot wide concrete trail that will connect the Riggs Street side of the park to the Barrymore
Street side of the park and continue through the undeveloped area of Duke Hill Park to the
intersection of West Main Street and Barrymore Street. Additional construction work will
include a lighted basketball court, a playground area, an asphalt overlay of the parking lot on
Riggs Street, two shelter foundations, drainage improvements, and area lighting. An alternate
bid will also be considered to connect the trail to the future Goose Creek Stream Phase III trail at
the intersection of West Main Street and Highway 146.
Page 13 of 17
Minutes of the Regular Session — July 11, 2002
Busch Hutchison and Associates is the consultant for this Community Development Block Grant
project. A pre -bid conference is planned for July 24, 2002 with the bid opening set for July 31,
2002. Staff plans to present the award of bid to Council for approval on August 8, 2002.
Construction is expected to begin in late August with completion by November 2002. Parks and
Recreation Department employees will install the playground equipment and construct the two
shelters. The Parks and Recreation Advisory Board approved the plans and specifications at the
June 6, 2002 meeting and recommend approval.
Council Member Sheley moved approval of the plans and specifications for the renovation of the
Duke Hill Park. Council Member Renteria seconded the motion.
Concerns were raised about the location, the amount of equipment proposed for the park, and the
duplication of services since a well- equipped park on Johnson Street is eight blocks away. The
vote follows:
Ayes: Council Members Mundinger, Murray, Renteria, and Sheley.
Nays: Council Member Godwin.
Abstentions: Mayor Alfaro.
The motion carried.
Consent Agenda
a. Proposed Ordinance No. 020711 -8 awards the annual liquid chlorine contract to
DXI Industries, Inc., in the amount of $58,939. Invitations to Bid were mailed to
three suppliers and we received three responses. Quantities remain the same. Price
per ton is a 14.1% increase compared to last year's price. This contract is used for
chlorination in the City's Wastewater Treatment Plants.
b. Proposed Ordinance No. 020711 -9 awards the second renewal of the annual
fittings, valves, and meter boxes contract to Golden Triangle Pipe in the amount
of $50,849.18. Golden Triangle Pipe has submitted a written request to renew
their current contract for the same pricing, terms, and conditions. This annual
contract is used by the Utilities Department for the water distribution and water
rehabilitation projects, and Public Works for drainage and sewer maintenance
(manhole covers, etc.). This contract is specifically designed to stock inventory
items in the central warehouse. Quantities remain the same.
C. Proposed Ordinance No. 020711 -10 awards the last renewal of the annual
electrical services contract to Baytown Electric in the amount of $101,935.02.
Baytown Electric submitted a written request to renew the current contract with
an allowable CPIU increase of 1.6 %. All unit pricing was rounded up. Original
award amount was the average of the previous five years' electrical services
expenditures. This annual electrical services contract is used by all departments
for electrical services regarding emergencies, bucket truck service and
miscellaneous electrical services.
Page 14 of 17
Minutes of the Regular Session — July 11, 2002
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. 020711 -11 awards the final renewal of the annual
electrical motor control center services contract to Baytown Electric in the
amount of $31,750. Baytown Electric submitted a written request requesting
renewal of allowable 1.6% CPIU increase. This annual electrical services
contract is primarily used by the Wastewater Treatment Plants and Lift Stations
for control panel board electrical work. This contract has been established to
provide services for more complex control panel board type work.
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.
e. Proposed Ordinance No. 020711 -12 approves an interlocal agreement with Hams
County for the purchase of radio airtime and programming services for the Harris
County Organized Crime and Narcotics Task Force. The ordinance approves the
agreement in the amount of $7,500. The Taskforce is purchasing radio airtime
and programming services from Harris County to utilize the Public Safety Radio
System operated by Harris County. Funding is available from the Criminal
Justice Department Grant. Regardless of the amount involved, all interlocal
agreements must be approved by City Council.
f. Proposed Ordinance No. 020711 -13 approves the renewal of the depository
services contract with Southwest Bank of Texas (originally approved under the
bank name of Baytown State Bank) for a period of time not to exceed twenty -four
months after the expiration date of June 30, 2002. The depository services
contract was originally awarded in June, 1999 with the option to renew in 24
months. This is the first renewal.
Council Member Murray moved adoption of the consent agenda, items a through f. Council
Member Godwin seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9382
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF DXI INDUSTRIES, INC., FOR THE ANNUAL LIQUID CHLORINE
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM
OF FIFTY -EIGHT THOUSAND NINE HUNDRED THIRTY -NINE AND N01100 DOLLARS
($58,939.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
N
Page 15 of 17
Minutes of the Regular Session — July 11, 2002
ORDINANCE NO. 9383
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL FITTINGS,
VALVES, AND METER BOXES CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF FIFTY THOUSAND EIGHT HUNDRED FORTY -
NINE AND 18/100 DOLLARS ($50,849.18); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9384
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF BAYTOWN ELECTRIC FOR THE ANNUAL ELECTRICAL
SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,
THE SUM OF ONE HUNDRED ONE THOUSAND NINE HUNDRED THIRTY -FIVE AND
02/100 DOLLARS ($101,935.02); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9385
AN ORDINANCE RENEWING THE CONTRACT OF BAYTOWN ELECTRIC FOR THE
ANNUAL ELECTRICAL MOTOR CONTROL CENTER SERVICES CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -ONE
THOUSAND SEVEN HUNDRED FIFTY AND NO /100 DOLLARS ($31,750.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
ORDINANCE NO. 9386
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 AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR
THE PURCHASE OF AIRTIME AND PROGRAMMING SERVICES; AUTHORIZING
PAYMENT THEREFORE IN THE AMOUNT NOT TO EXCEED SEVEN THOUSAND FIVE
HUNDRED AND N01100 DOLLARS ($7,500.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9387
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A TWENTY -FOUR MONTH EXTENSION OF THE BANK DEPOSITORY
CONTRACT WITH SOUTHWEST BANK OF TEXAS, F/K/A BAYTOWN STATE BANK;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider appointment to the Baytown Municipal Development District Board.
Director Stasney served through June 2002. It is time to consider an appointment to the position
held by Mr. Stasney.
Page 16 of 17
Minutes of the Regular Session — July 11, 2002
Council Member Sheley moved appointment of Leonard Stasney to the Baytown Municipal
Development District Board. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointments to the Baytown Industrial Appraisal Review Board.
Council annually appoints the members of the Baytown Industrial Appraisal Review Board.
Each present member, Ronn Haddox, Joe Muller, and David A. Sherron, has agreed to serve if
reappointed by Council.
Council Member Mundinger moved appointment of Ronn Haddox, Joe Muller, and David A.
Sherron to the Baytown Industrial Appraisal Review Board. Council Member Sheley seconded
the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointment to the Baytown Area Community Long Range Planning
Commission.
Council was not ready for action on this item.
City Manager's Report.
Interim City Manager Jackson noted that tentative Budget Work Sessions had been scheduled as
follows:
Monday, August 12, 7:00 a.m.
Tuesday, August 13, 5:00 p.m.
Wednesday, August 14, 5:00 p.m.
Mr. Jackson noted that, after studying the City Charter, he believed that a special Council
meeting would be necessary in order to deliver the proposed budget to Council.
Page 17 of 17
Minutes of the Regular Session — July 11, 2002
r. Adjourn.
Council Member Mundinger moved that the meeting adjourn. Council Member Godwin
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 7:55 p.m.
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tN GaLVI W. Smith
City Clerk