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2002 10 24 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 24, 2002 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on October 24, 2002, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Scott Sheley Pete C. Alfaro Gary M. Jackson Ignacio Ramirez, Sr. Gary W. Smith Absent was: Mercedes Renteria III 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. Mayor Alfaro recognized Boy Scout Leader Ian Gillespie and Troop #183 and members of the Leadership Class from Lee College. Council Member Murray 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 October 10, 2002. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on October 10, 2002. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider Proposed Resolution No. 021024 -1, granting the petition to annex a 3.2429 tract located north east of the intersection of Garth Road and North Road, being out of Lots 10, 11, 12, 13, 14, and 15, Block 1 of the East End Addition to Highland Farms Subdivision in Harris County, Texas and authorizing preparation of a service plan. Proposed Resolution No. 021024 -1 grants Eugene Ybarra's petition for annexation of a 3.2429 tract of land located northeast of the intersection of Garth Road and North Road, being out of Lots 10, 11, 12, 13, 14, and 15, Block 1 of the East End Addition to Highland Farms Subdivision in Harris County, Texas. Mr. Ybarra is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a restaurant. Page 2 of 10 Minutes of the Regular Session — October 24, 2002 The proposed resolution authorizes staff to prepare a service plan for the property, establish 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. 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 Sheley moved adoption of the proposed resolution. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1562 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF EUGENE YBARRA CONCERNING THE ANNEXATION OF A 3.2429 ACRE TRACT LOCATED NORTHEAST OF THE INTERSECTION OF GARTH ROAD AND NORTH ROAD, BEING OUT OF LOTS 10, 11, 12, 13, 14 AND 15, BLOCK 1, EAST END ADDITION TO HIGHLAND FARMS SUBDIVISION, BAYTOWN, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 021024 -1, awarding a professional services contract for the Big Missouri Lift Station Project. Proposed Ordinance No. 021024 -1 awards a professional services contract to Langford Engineering for the Big Missouri Lift Station Rehabilitation Project. Compensation for basic services is an amount not to exceed $193,500, plus an amount not to exceed $53,370 for surveying, geotechnical services, and reimbursable expenses, for a total contract amount not to exceed $246,870. The scope of work includes the design of a 12" force main from the Big Missouri Lift Station, down Missouri Street and up State Highway 146 to the West Main Lift Station. The design will also include modifications and improvements to the existing lift station. The cost of basic services is 8.4% of the estimated construction cost of $2,300,000. This project will be funded by 2001 and 2002 Certificates of Obligation. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 3 of 10 Minutes of the Regular Session — October 24, 2002 ORDINANCE NO. 9449 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH LANGFORD ENGINEERING, INC., FOR THE DESIGN OF THE BIG MISSOURI LIFT STATION REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY -SIX THOUSAND EIGHT HUNDRED SEVENTY AND NO /100 DOLLARS ($246,870.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 021024 -2, awarding the bid for a professional services contract for the West Wye Drive Drainage Improvements Project. Council was not ready for action on this item. Consider Proposed Ordinance No. 021024 -3, authorizing renewal of the contract with Texas Municipal League Workers' Compensation Joint Insurance Fund to provide administrative services, claims payments, and excess workers' compensation insurance protection for the City's Workers' Compensation Program and authorizing payment. Proposed Ordinance No. 021024 -3 authorizes renewal of the contract with Texas Municipal League Workers' Compensation Joint Insurance Fund to provide administrative services, claims payments, and excess workers' compensation insurance protection for the City's Workers' Compensation Program and authorizes payment of the projected cost of $543,353, a 12.5% overall increase in program costs. This increase in program costs is due to the rise in the Pool's expenses over the past several years and the impact of the September 11, 2001 incident on the market's availability/cost of reinsurance. With our improving claims experience due to expanding the City-Wide Safety Program, we are optimistic that we will see a reduction next year. Council Member Sheley moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carved. Page 4of10 Minutes of the Regular Session — October 24, 2002 ORDINANCE NO. 9450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE WORKERS' COMPENSATION JOINT INSURANCE FUND TO PROVIDE ADMINISTRATIVE SERVICES FOR THE CITY'S WORKERS' COMPENSATION PROGRAM, AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR MONTHLY CLAIMS AS INCURRED, ADJUST ESCROW NECESSARY TO MEET SIXTY (60) DAYS AVERAGE CLAIMS REQUIREMENT AND PROJECTED PAYMENT OF FIVE HUNDRED FORTY -THREE THOUSAND THREE HUNDRED FIFTY -THREE AND NO /100 DOLLARS ($543,353.00) FOR CLAIMS COSTS, ADMINISTRATIVE FEES, AND EXCESS WORKERS' COMPENSATION INSURANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 0210244, amending the Sanitation Fund budget and authorizing a transfer of funds between departments in accordance with Section 68 of the City Charter. Proposed Ordinance No. 021024 -4 amends the Sanitation Fund budget by increasing appropriations by $150,000 and authorizes a transfer of $70,000 in the General Fund and $149,000 in the Water and Sewer Fund, in accordance with Section 68 of the City Charter. The transfers are primarily "housekeeping" functions. All transfers were made between the various departments utilizing savings realized and will have no impact on the total budget. The amendment of the Sanitation Fund budget was necessitated by a change in the City's computer system that required adjustments to accounts receivable balances for accounts written off over previous years. This amendment is necessary to address an unusual and unforeseen condition that could not have been included in the original budget. Council Member Anderson moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9451 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS FROM VARIOUS ACCOUNTS WITHIN THE GENERAL FUND AND THE WATER & SEWER FUND, AND INCREASE THE APPROPRIATION FOR THE SANITATION FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 10 Minutes of the Regular Session — October 24, 2002 Consent Agenda a. Proposed Ordinance No. 021024 -5 renews the City's subscription with McNaughton Book Service in the amount of $37,889.54 for the period of December 2002 through November 2003. This book - leasing program brings vitality to Sterling Municipal Library's services for adults. Because the books arrive catalogued and processed, there is little delay between the time that an avid reader sees a review in a newspaper or magazine and the moment when the book is available on the Library's shelves. This is the most popular service we offer for adults and increasing numbers of large -print readers have joined regular -print borrowers seeking this service. The cost this year reflects a .01% increase over last year, which is less than the projected inflation rate as noted in Public Library Price Index. Funds are available in the Sterling Municipal Library budget. b. Proposed Ordinance No. 021024 -6 amends Chapter 42 "Health and Sanitation," Article III "Smoking," Section 42 -99 "Offense," Subsection (a)(5) to correct a scrivener's error concerning the offense of failing to post the required sign. The ordinance requires an owner, lessee, manager, operator or other person in charge of a public place to post signs in a conspicuous place to notify persons entering the premises that smoking is prohibited in certain locations. While the ordinance provides any violation of the smoking ordinance is an offense and subject to the criminal penalties prescribed in the Code, Section 42 -99 lists some specific offenses -- one of which is the failure to post the required sign. In such section it incorrectly refers to section 43 -102, which does not exist. The proposed ordinance corrects the error and provides that it is an offense for a person to fail to post a sign as required by section 42 -102. C. Proposed Ordinance No. 021024 -7 approves an interlocal agreement with the City of Seabrook to allow its participation in the Harris County Organized Crime & Narcotics Task Force. Approval of this agreement will bring participation in the Task Force to eleven agencies. Seabrook will provide personnel services to the Task Force and will be reimbursed through grant funding. No local funding is involved. d. Proposed Ordinance No. 021024 -8 awards the annual sulfur dioxide contract to DXI Industries, Inc., in the amount of $38,800. Invitations to bid were mailed to three suppliers and we received two bids. Quantities remain the same as last year's contract. Last year's price per ton was $390 compared to $388 per ton this year. This contract is used for de- chlorination in the wastewater treatment plants. Funding is available in the Wastewater Treatment/Chemicals account. e. Proposed Ordinance No. 021024 -9 awards the last renewal of the annual frozen dinners contract to HEB Pantry Store #283 in the amount of $45,302.40. HEB submitted a written request to renew their contract for the same pricing, terms, and conditions. Quantities remain the same. This contract provides frozen meals for prisoners to be delivered weekly to the jail facility. Funding is available in the Police/Support of Prisoners account. W Page 6 of 10 Minutes of the Regular Session — October 24, 2002 f. Proposed Ordinance No. 021024 -10 awards the annual sludge disposal contract to Rustin Transportation in the amount of $144,040. BFI submitted a bid that did not meet specifications. Bid packets were distributed to seven bidders and we received four bids and one no -bid. This annual sludge disposal contract is used for the collection, hauling, and disposal of processed sewage sludge at each of the three City wastewater treatment plants. Funding is available in the Wastewater Treatment account. g. Proposed Ordinance No. 021024-11 authorizes the purchase of a 2003 truck - mounted jet rodder through the Houston - Galveston Area Council (H -GAC) in the amount of $81,585, inclusive of the H -GAC fee of $1,000. The jet rodder will be purchased from Underground, Inc., Pearland, Texas. The jet rodder replaces a 1996 model used by Wastewater Collections. Funding is available in the Wastewater Collections/Motor Vehicles account. h. Proposed Ordinance No. 021024 -12 authorizes the purchase of one 2003 Ford flatbed dump truck, and one 2003 Ford stakebed trash truck through the Houston - Galveston Area Council (H -GAC) in the amount of $122,909, inclusive of the H- GAC fee of $1,000. The trucks will be purchased from Bayou City Ford - Sterling, Houston, Texas. The flatbed dump truck replaces a 1985 model used by the Drainage Division. The stakebed trash truck replaces a 1981 model used by the Solid Waste Operations. Funding is available through Drainage /Capital Lease Purchases. i. Proposed Ordinance No. 021024 -13 authorizes the purchase of one John Deere 31OG backhoe loader with trailer, through the Texas Local Government Purchasing Cooperative, in the amount of $55,744.20. This backhoe loader will be purchased from Rush Equipment Center, Houston, Texas. This backhoe loader replaces a 1981 model with trailer. Funding is available in the Utility Construction/Machinery and Equipment account. Proposed Ordinance No. 021024 -14 authorizes the purchase of five 2003 Chevrolet '/2 ton pickup trucks, through the Houston - Galveston Area Council (H- GAC), in the amount of $86,173, inclusive of the H -GAC fee of $600. The pickup trucks will be purchased from Triangle Chevrolet, Inc., Port Arthur, Texas. All of the pickup trucks are low - emission vehicles. Information for each truck is as follows: Item Cost Funding Replaces %2 ton regular PU $16,236 Wastewater Treatment/Motor Vehicles 1986 regular PU %2 ton regular PU $16,236 Solid Waste Operations/Motor Vehicles 1986 regular PU %2 ton regular PU $16,236 Water Distribution/Motor Vehicles 1990 regular PU %2 ton regular PU $16,236 Pollution Control/Motor Vehicles 1986 regular PU %2 ton extended cab PU $21,229 Solid Waste Operations/Motor Vehicles 1989 utility vehicle Total $86,173 Council Member Sheley moved adoption of the consent agenda, items a through j. Council Member Mundinger seconded the motion. The vote follows: Page 7of10 Minutes of the Regular Session — October 24, 2002 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9452 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY -NINE THOUSAND FIVE HUNDRED FIFTY -FIVE AND NO 1100 DOLLARS ($39,555.00) TO MCNAUGHTON BOOK SERVICE AS THE COST FOR BOOK LEASING OF POPULAR NEW TITLES FOR THE STERLING MUNICIPAL LIBRARY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9453 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE III "SMOKING," SECTION 42 -99 "OFFENSE," SUBSECTION (A)(5) TO CORRECT A SCRIVENER'S ERROR CONCERNING THE OFFENSE OF FAILING TO POST THE REQUIRED SIGN; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND N0 1100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 9454 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF SEABROOK FOR PARTICIPATION IN THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9455 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DXI INDUSTRIES, INC., FOR THE ANNUAL SULFUR DIOXIDE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -EIGHT THOUSAND EIGHT HUNDRED AND NO 1100 DOLLARS ($38,800.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9456 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF HEB PANTRY STORE #283 FOR THE ANNUAL FROZEN DINNERS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -FIVE THOUSAND THREE HUNDRED TWO AND 40/100 DOLLARS ($45,302.40); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. IN Page 8 of 10 Minutes of the Regular Session — October 24, 2002 ORDINANCE NO. 9457 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF RUSTIN TRANSPORTATION FOR THE ANNUAL SLUDGE DISPOSAL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FORTY -FOUR THOUSAND FORTY AND N01100 DOLLARS ($144,040.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9458 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -ONE THOUSAND FIVE HUNDRED EIGHTY -FIVE AND NO /100 DOLLARS ($81,585.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2003 TRUCK - MOUNTED JET RODDER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9459 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY -TWO THOUSAND NINE HUNDRED NINE AND NO /100 DOLLARS ($122,909.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2003 FORD FLATBED DUMP TRUCK AND ONE (1) 2003 FORD STAKEBED TRASH TRUCK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9460 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -FIVE THOUSAND SEVEN HUNDRED FORTY -FOUR AND 20 /100 DOLLARS ($55,744.20) TO THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE FOR THE PURCHASE OF ONE (1) JOHN DEERE 310G BACKHOE LOADER WITH TRAILER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9461 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -SIX THOUSAND ONE HUNDRED SEVENTY -THREE AND N01100 DOLLARS ($86,173.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF FIVE (5) 2003 CHEVROLET % TON PICKUP TRUCKS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 10 Minutes of the Regular Session — October 24, 2002 Consider selection of City Manager and authorize contract negotiations. At the meeting held on October 10, 2002, Council finalized the City Manager selection process. This item allows Council to select the final candidate and authorizes the Mayor to negotiate a contract with the finalist. The contract will require subsequent approval by Council. Council Member Murray moved to select Gary M. Jackson as City Manager and to authorize contract negotiations. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider appointment to the Board of Directors of the Reinvestment Zone Number One, City of Baytown. Council was not ready for action on this item. City Manager's Report. Interim City Manager Jackson commended Lynda Kilgore, Municipal Court Administrator for receiving the 2002 Award for Extraordinary Achievement from the Texas Court Clerks Association in appreciation of her commitment to excellence and continued dedication to the association and profession. Lynda is Vice - President of TCCA, has served as President of Gulf Coast Chapter, is a facilitator for Texas Municipal Courts Education Center, teaches Certification Prep Courses, has served as Chairperson of the Nominations Committee, Public Relations Committee and By -laws Committee. Lynda demonstrates professionalism at the highest level. Mr. Jackson announced that the Texas Department of Health, Bureau of Vital Statistics, has awarded the 5 -Star Reporting Award to the Municipal Court/Vital Statistics Division for its excellence in maintaining birth and death records. A lot of hard work goes into being nominated and receiving this award. Mr. Jackson congratulated Traci Fullen, Charlotte Busby, Patsy Hilton, and all the Municipal Court personnel for a job well done. Mr. Jackson reported that an Emergency Management Exercise will be conducted November 13, 2002. A tabletop exercise will be held on October 30, 2002. Mr. Jackson noted that Texas Recycles Days are on November 15 and 16, 2002. Mr. Jackson informed Council that the 2002 Halloween Carnival will be moved from Jenkins Park to the Community Center due to the inclement weather. It will be held on October 25, 2002, between 6:00 p.m. and 10:00 p.m. Page 10 of 10 Minutes of the Regular Session - October 24, 2002 Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, nod Shcley. Mayor Alfaro, Nays: None. The motion carried. There being no further business, the meeting adjourned at 6 :46 p.m. Gary W. Smith ------- City Clerk