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