2002 08 22 CC MinutesW
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
August 22, 2002
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on August 22, 2002, at 6:30
p.m. in the Council Chamber of the Baytown City Hall with the following in attendance:
Ronnie Anderson
Coleman Godwin
Don Murray
Mercedes Renteria III
Scott Sheley
Pete C. Alfaro
Gary M. Jackson
Ignacio Ramirez, Sr.
Gary W. Smith
Absent was: Calvin Mundinger
Council Member
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 Godwin 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 August 8, 2002.
Council Member Renteria moved approval of the minutes of the work session and regular meeting held
on August 8, 2002. Council Member Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider approval of minutes for the work sessions held on August 12, 2002 and August 13,
2002.
Council Member Murray moved approval of the minutes of the work sessions held on August 12, 2002
and August 13, 2002. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 2of10
Minutes of the Regular Session — August 22, 2002
Consider Proposed Ordinance No. 020822 -1, the first reading of the Ordinance annexing
property currently within the extra - territorial jurisdiction of the City of Baytown and being a
six -acre tract east of Thompson Road and south of Interstate Highway 10 and the Atlantis
Truckwash property, in the William Hilbus Survey, Abstract 336.
The City of Baytown has received a request to annex the six -acre tract of land owned by Roger
Williams and proposed for the construction of a truckwash. Mr. Williams has filed and the City
Council has approved a petition to annex this property. In accordance with state law, two public
hearings were held on the proposed annexation on July 25, 2002. The final reading may not be held
until 30 days after the publication of the first reading ordinance and will be scheduled for September
26, 2002.
Council Member Murray moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9404
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, PROVIDING FOR
THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS,
AND THE ANNEXATION OF A 6 -ACRE TRACT EAST OF THOMPSON ROAD AND SOUTH
OF INTERSTATE 10 AND THE ATLANTIS TRUCK WASH PROPERTY, IN THE WILLIAM
HILBUS SURVEY, ABSTRACT 336; WHICH SAID TERRITORIES LIE ADJACENT TO AND
ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance No. 020822 -2, awarding the bid for Craigmont Phase I and School
Courts Sanitary Sewer Rehabilitation.
Proposed Ordinance No. 020822 -2 awards the bid to PM Construction and Rehabilitation, L. P. in the
amount of $449,476.93 for the Craigmont Phase I and School Courts Sanitary Sewer Rehabilitation.
Council approved plans and specifications and authorized advertising for bids at the July 25, 2002
council meeting. Seven potential bidders attended the mandatory pre -bid conference on August 7,
2002 and we received four bids. PM Construction was the apparent lowest responsible bidder with a
bid of $449,476.93. The scope of work consists of rehabilitating sanitary sewers in the Craigmont and
School Courts Subdivision by pipe bursting. Work also includes manhole construction and
rehabilitation as well as residential sewer reconnections. Two alternate bid items were established for
the purpose of evaluating and awarding bids that are within the project budget. This project was
designed in -house and our engineer's estimate for the project was $995,000. The Engineering
Department recommends awarding the bid in the amount of $449,476.93. This project will be funded
by the 2002 Certificates of Obligation and the construction duration is estimated to be 90 calendar
days.
Page 3 of 10
Minutes of the Regular Session — August 22, 2002
Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9405
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 P.M. CONSTRUCTION AND REHABILITATION, L.P., FOR THE
CRAIGMONT SANITARY SEWER REHABILITATION PROJECT - PHASE 1; AUTHORIZING
PAYMENT OF THE SUM OF FOUR HUNDRED FORTY -NINE THOUSAND FOUR HUNDRED
SEVENTY -SIX AND 93/100 DOLLARS ($449,476.93); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 020822 -3, amending Chapter 42 "Health and Sanitation,"
Article V "Live Outdoor Exhibitions," Section 42 -286 "Permit required" of the Code of
Ordinances, to regulate live outdoor exhibitions.
Currently, the Code of Ordinances requires a permit for live outdoor performances, exhibitions,
carnivals, and circuses. The proposed ordinance increases the application fee to $100 plus $100 per
day of operation; requires a cash bond of $5,000 to insure payment of public safety and inspection
services, as well as clean -up costs; requires a 500 -foot buffer zone from churches, schools, hospitals,
and residences; trailers and vehicles used for residential purposes must have waste disposal services;
sufficient toilet facilities are mandated; the hours of operation are restricted; and short-term events
sponsored by any school, church, school organization, hospital, or governmental entity are exempt
from the insurance bond and fee provisions. The proposed changes are detailed in a memo included
your packet. This item has been discussed in previous work sessions, including the work session held
on August 8, 2002.
Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion.
The discussion recessed to conduct the public hearing relating to the proposed 2002 -2003 fiscal year
budget.
Conduct the public hearing on the proposed 2002 -2003 fiscal year budget at 6:40 p.m.
Texas Local Government Code, Section 102.006 requires City Council to hold a public hearing on the
proposed budget. Any taxpayer of the municipality may attend and may participate in the public
hearing.
Page 4 of 10
Minutes of the Regular Session — August 22, 2002
The public hearing must be held after the fifteenth day after the date the proposed budget is filed with
the City Clerk, but before the date the governing body makes its tax levy. The proposed budget was
filed with the City Clerk on July 31, 2002. The date proposed for Council to set the tax rate is
September 12.
Notice of the public hearing was published in The Baytown Sun on August 9, 2002.
The following persons registered to speak to Council concerning the proposed 2002 -2003 fiscal year
budget and yielded their time to Tim Lancon:
Thomas Carr and John Can:.
The following persons registered to speak to Council regarding the proposed 2002 -2003 fiscal year
budget, but declined to speak when given the opportunity:
Marian Wyse, Ken Wyse, Tim Rogers, and Mark Medrano.
Tim Lancon, 709 North Bend
Mr. Lancon requested a raise in pay for City employees in the upcoming budget year.
Sylvia Williams read a poem requesting a raise for City employees.
Receive the 2002 Appraisal Roll as certified by the Harris County Appraisal District.
The Harris County Appraisal District certified the 2002 Appraisal Roll on August 9, 2002, and the City
received the same on August 12, 2002. In accordance with Section 26.04 of the Texas Property Tax
Code the following values are submitted:
Total Appraised Market Value $2,127,441,010
Total Taxable Value $1,698,885,050
Total Uncertified (Owner's Value) $ 72,539,557
Receive the effective tax rate and rollback rate calculation for the 2002 Tax Year (Fiscal Year
2002 - 2003).
In accordance with Section 26.04 of the Texas Property Tax Code, the Finance Department submits the
effective tax rate and the rollback tax rate of $0.72924 and $0.76841 per $100 valuation, respectively.
These rates and the method of calculation shall be published in accordance with Section 26.04 of the
Texas Property Tax Code. The City has historically used 100% of its collection rate for calculation of
its effective tax.
Consider Proposed Ordinance No. 020822 -3, amending Chapter 42 "Health and Sanitation,"
Article V "Live Outdoor Exhibitions," Section 42 -286 "Permit required" of the Code of
Ordinances, to regulate live outdoor exhibitions continued.
After discussion regarding enforcement of the ordinance and the feasibility of conducting criminal
background checks on carnival workers, Council Member Renteria withdrew his second and Council
Member Murray withdrew his motion. Staff will review requiring all employees of carnival
companies to be subject to a criminal history review and refusal to issue other permits if a carnival fails
to comply with the ordinance.
Page 5 of 10
Minutes of the Regular Session — August 22, 2002
Consider Proposed Ordinance No. 0208224, amending Chapter 86 "Solid Waste," Article II
"Residential Solid Waste," Division 3 "Fees and Charges and Billing Procedure," Section 86-101
"Charge for Collection," Subsection (b) of the Code of Ordinances, to clarify when unoccupied
residential units will be assessed for the collection of solid waste collection services.
The proposed ordinance requires that the water service must be disconnected in order to be exempted
from charges for residential garbage pickup services. This change will support the administration of
the billing for garbage services, ensuring that the addresses serviced by the household garbage services
contract are properly billed for those services.
Council Member Godwin moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9406
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 86 "SOLID
WASTE," ARTICLE II "RESIDENTIAL SOLID WASTE," DIVISION 3 "FEES AND CHARGES
AND BILLING PROCEDURE," SECTION 86 -101 "CHARGE FOR COLLECTION,"
SUBSECTION (B) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO
CLARIFY WHEN UNOCCUPIED RESIDENTIAL UNITS WILL BE ASSESSED FOR THE
COLLECTION OF SOLID WASTE COLLECTION SERVICES; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider approval of the screening criteria for city manager selection.
Council Member Renteria moved approval of the screening criteria for city manager selection, as
developed by the Human Resources Department, including applicants with five years or more
experience as a city manager or assistant city manager in a City with a population of 25,000 or more.
Council Member Godwin seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
N
Page 6 of 10
Minutes of the Regular Session — August 22, 2002
Consent Agenda
a. Proposed Ordinance No. 020822 -5 approves an interlocal agreement with the Baytown
Municipal Development District to provide funding for the Garth Road traffic signal
synchronization. Council awarded the engineering services contract to Klotz and
Associates at the August 8, 2002 Council meeting. The proposed agreement is similar
to other interlocal agreements with the District.
b. Proposed Ordinance No. 020822 -6 amends the Water Supply and Waste Disposal
Agreement with Chambers County Municipal Utility District (MUD) No. 1 to add
Section 5, Block Additions A and B to Section 5, and Block A to Section 4 of Country
Meadows Subdivision, and Sections 1 and 2 of the Hunters Chase Subdivision. Since
Country Meadows Subdivision lies outside the city and is part of Chambers County
MUD No. 1, they must contract with the City for water and sewer services. The
agreement currently in force provides water and sewer services for Country Meadows
Sections 1, 2, 3, and 4 (209 homes). The proposed ordinance amends the agreement to
add an additional 243 homes, for a total of 452 homes. The City has the capacity to
serve these developments.
C. Proposed Ordinance No. 020822 -7 awards the bid for the purchase of compound water
meters to Southwest Stainless LP, dba Hughes Supply, in the amount of $35,540.
Invitations to bid were mailed to seven suppliers; we received four bids and four no-
bids. ABB Water Meters did not meet specifications. TNRCC requires all meters to be
"NSF61" certified, a standard applied by the National Sanitation Foundation (NSF) for
lead -free water meters. Water meter companies must apply for certification from NSF,
which checks all vendors of the material used in water meters, tests and issues
certification. Funding is available in the Water Distribution annual budget.
This item was withdrawn from consideration.
d. Proposed Ordinance No. 020822 -8 authorizes payment in the amount of $29,100 to
Versaterm, Inc. for the annual software maintenance agreement. This agreement is for
the Police/Fire Department Maxi -CAD, Mapping, and Document Imaging software for
the period of September 1, 2002 through August 31, 2003. This is an annual software
maintenance agreement that provides support in the event of programming upgrades,
bug fixes, telephone support, etc. and is the same amount as last year's maintenance
agreement. Funding is available in the ITS annual budget.
e. Proposed Ordinance No. 020822 -9 awards a demolition contract for 107 Burnett, 2101
W. Main, 319 W. Nazro, 1212 Magnolia, and 1304 Willow to All Texas Demolishing in
the amount of 511,575. All are residential structures. Ten bid packages were picked up
and four were returned.
Location Description of Structure Bid Amount
107 Burnett Abandoned, substandard house and $2,975
garage
2101 W. Main Abandoned, substandard house $1,850
Page 7 of 10
Minutes of the Regular Session — August 22, 2002
319 W. Nazro House being demolished under the
2,250
Community Development Housing
Rehabilitation Program. A home will
be reconstructed in its place.
1212 Magnolia House being demolished under the
2,250
Community Development Housing
Rehabilitation Program. A home will
be reconstructed in its place.
1304 Willow House being demolished under the
2,250
Community Development Housing
Rehabilitation Program. A home will
be reconstructed in its place.
Total
$11,575
The Department of Housing and Urban Development has issued a national objective to
aid in the reduction of slum and blight. The demolition of 107 Burnet and 2101 W.
Main will meet this objective. The demolition of 319 W. Nazro, 1212 Magnolia, and
1304 Willow, and reconstructing new homes in their place, will maintain the housing
stock of the City. This project is funded by CDBG funds.
f. Proposed Ordinance No. 020822 -10 awards the housing reconstruction projects located
at 1304 Willow, 319 W. Nazro, and 1212 Magnolia to Prolific, Inc., in the amount of
$92,900. All three properties and their occupants have been approved to participate in
the Housing Rehabilitation program. The homes are from 50 to 75 years old and are
dilapidated. Various members of staff have inspected the homes and recommend
reconstruction because all would need extensive rehabilitation work to bring the homes
into current code compliance.
Each home requires new roof installation, major electrical and plumbing upgrades,
installation of central heating, foundation leveling, and replacement of numerous rotten
structural members. The property located at 1304 Willow has severe termite damage at
the rear of the house, which may require reconstruction of the entire section. The
property located at 319 W. Nazro has partially collapsed in the rear half of the home.
The property located at 1212 Magnolia has an antiquated cast iron sewer system leaking
raw sewage, which causes moisture and rotting of the foundation members. The funds
required to make all necessary repairs to each home exceed our rehabilitation limit of
$25,000. The homes will be reconstructed into two bedroom, one bath, 812 square foot
homes. Notices for the projects were published in The Baytown Sun and were mailed to
38 contractors on our approved mailing list. Also, a notice was posted with
Construction Data, which is delivered to over 600 Houston area contractors. Four bid
packages were picked up and three contractors attended the mandatory pre -bid
conference. Two sealed bids were received, as well as one statement of "No Bid." The
lowest bidder was Prolific, Inc. for the total amount of $92,900, or $30,966.66 per
home, which is under the reconstruction limit of $33,000 per structure. This project is
funded by CDBG funds.
Page 8 of 10
Minutes of the Regular Session — August 22, 2002
Mr. Jackson announced that item b, as presented, included the additional portions of Section 5 and
Section 6. Council Member Renteria moved adoption of the consent agenda, items a through f.
Council Member Murray seconded the motion. Following an announcement that staff was
withdrawing item c from consideration, Council Member Renteria moved to amend the motion to
delete item c from consideration. Council Member Sheley seconded the amended motion. The vote on
the amended motion follows:
Ayes: Council Members Anderson, Godwin, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
The vote on the original motion, as amended, follows:
Ayes: Council Members Anderson, Godwin, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9407
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,
DEVELOPMENT, AND CONSTRUCTION OF THE GARTH ROAD SIGNALIZATION PROJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9408
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE
SECOND AMENDMENT TO THE WATER SUPPLY AND WASTE DISPOSAL AGREEMENT
BETWEEN THE CITY OF BAYTOWN AND CHAMBERS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9409
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING
THE PAYMENT OF TWENTY -NINE THOUSAND ONE HUNDRED AND NO /100 DOLLARS
($29,100.00) TO VERSATERM, INC., AS THE COST FOR THE ANNUAL SOFTWARE
MAINTENANCE AGREEMENT FOR MAXI -CAD, MAPPING AND DOCUMENT IMAGING
SOFTWARE FOR THE POLICE/FIRE DEPARTMENT; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 9of10
Minutes of the Regular Session — August 22, 2002
ORDINANCE NO. 9410
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPTING THE
BID OF ALL TEXAS DEMOLISHING FOR THE DEMOLITION OF STRUCTURES;
AUTHORIZING EXECUTION OF A CONTRACT FOR THE SUM OF ELEVEN THOUSAND
FIVE HUNDRED SEVENTY -FIVE AND NO /100 DOLLARS ($11,575.00); MAKING VARIOUS
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT.
ORDINANCE NO. 9411
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AWARDING THE
CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 02 -07 TO
PROLIFIC, INC., FOR THE SUM OF NINETY -TWO THOUSAND NINE HUNDRED AND
NO / 100 DOLLARS ($92,900.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider appointments to the Board of Directors, Reinvestment Zone Number One, City of
Baytown.
The terms of Tom Gidley and John Strausser expire on August 31, 2002. Both have agreed to serve if
reappointed. During the recent term, Mr. Gidley attended six and Mr. Strausser attended all of the
eight meetings of the Board.
Council Member Murray moved appointment of Tom Gidley and John Strausser to the Board of
Directors, Reinvestment Zone Number One, City of Baytown. Council Member Renteria seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
City Manager's Report.
Interim City Manager Jackson reminded Council of the September 11 Program to be held at
Bicentennial Park, 7:00 p.m. - 8:30 p.m.
Mr. Jackson informed Council that beginning on September 30, the Tax/Utility Billing Office hours
will change. To reduce stress on the employees and cut down on overtime, the office will be open
from 8:00 a.m. to 4:00 p.m. This will allow the employees an hour to prepare for the next day.
Mr. Jackson announced that the City had been the recipient of the Keep Texas Beautiful Government
Award Citation of Merit in recognition of the Trash Off held in April.
Mayor Alfaro recognized Council Member Sheley as the recipient of the Texas Municipal League
Leadership Award.
Page 10 of 10
Minutes of the Regular Session — August 22, 2002
Council Member Renteria congratulated Mayor Alfaro on his election as President of the TML Region
XIV.
Mr. Renteria also thanked Mike Lester, Director of Health, for the successful Trash Off recently held
in District 1.
Adjourn.
Council Member Anderson moved that the meeting adjourn. Council Member Murray seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 7:28 p.m.
LA/��Jf(
Ga#y W. /Smith
City Clerk