2002 11 14 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 14, 2002
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on November 14, 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
Mercedes Renteria III
Scott Sheley
Pete C. Alfaro
Gary M. Jackson
Ignacio Ramirez, Sr.
Gary W. Smith
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
Interim City Manager
City Attorney
City Clerk
The meeting was opened with a quorum present. Mayor Alfaro recognized the high school students
present. Council Member Anderson led the pledge of allegiance and offered the invocation after which
the following business was conducted:
Consider approval of minutes of the emergency meeting held on October 22, 2002.
Council Member Mundinger moved approval of the minutes of the emergency meeting held on October
22, 2002. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
Council Member Sheley abstained
The motion carried.
Consider approval of minutes of the work session and regular meeting held on October 24, 2002.
Council Member Murray moved approval of the minutes of the work session and regular meeting held on
October 24, 2002. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley.
Mayor Alfaro.
Nays: None.
Council Member Renteria abstained
The motion carried.
Page 2 of 12
Minutes of the Regular Session — November 14, 2002
Consider approval of minutes of the work sessions held on November 8 and 9, 2002.
Council Member Murray moved approval of the minutes of the work sessions held on November 8 and 9,
2002, as modified. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Presentation of Gulf Guardian Award.
Wayne Gray, Board of Parks and Recreation, Wetlands Education Center Director Travis Lovelace, and
Parks and Recreation Director Scott Johnson presented the award to City Council.
Since the formation of the Goose Creek Stream Development Committee in 1990, several projects have
begun to revitalize and restore the Goose Creek Greenbelt, including creation of the Baytown Nature and
Education Center, reclamation of the Brownwood area as the Baytown Wetlands Center and development
of the Chandler Arboretum. These ongoing projects, as well as the Goose Creek Stream Trail Project,
have made Baytown a better place to live and play.
Presentation of the Police rescue video and certificates of commendation.
Interim City Manager Jackson informed Council that early on the morning of November 6, 2002, several
police officers were dispatched to a major accident. These officers included Lieutenant Claud "Bubba"
Deel, and Officers Marvin Currie, James Kerr, Aron Crowell, Jessica Strombaugh, Jesse Armstrong, and
Scott James. Because of their courage, no lives were lost in the accident. Officer Currie narrated the
video of the rescue. Mr. Jackson presented certificates of commendation to the officers for their heroic
efforts.
Conduct a public hearing to consider the request of Michael W. Chatham to amend the Official
Zoning Map of the City of Baytown to rezone property described as Tract 18 out of the J. W.
Singleton Survey, A -709, Baytown, Harris County, Texas, from Neighborhood Conservation (NC)
to Mixed Use (MU).
The public hearing was called to order at 6:51 p.m.
Notice of the public hearing was published in the Baytown Sun on Sunday, October 27, 2002, more than
15 days before the public hearing. Notice was mailed to all property owners within 300 feet of this
location on or before October 25, 2002, more than 15 days before the public hearing. The Baytown
Zoning Commission met on October 16, 2002, and voted unanimously to recommend that City Council
approve the request to change the zoning district classification of the property located at 1401 Massey -
Tompkins, more fully described as Tract 18 out of the J. W. Singleton Survey, A -709, Baytown, Hams
County, Texas, from Neighborhood Conservation (NC) to Mixed Use (MU). The applicant is proposing
to use the structure for an automobile repair shop, which is not a permitted use in the NC district. The
existing structure at this location was previously used as a Fire Station. Based on the staff analysis, this
request meets the six amendment criteria established in the Zoning Ordinance.
Page 3 of 12
Minutes of the Regular Session — November 14, 2002
No one appeared to speak at the public hearing.
The public hearing was closed at 6:53 p.m.
Conduct the first public hearing on the proposed annexation of a 3.2429 acre 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.
Council was not ready to conduct the public hearing for this item.
Conduct the second public hearing on the proposed annexation of a 3.2429 acre 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.
Council was not ready to conduct the public hearing for this item.
Consider Proposed Ordinance No. 021114 -1, amending the Official Zoning map of the City of
Baytown to rezone property described as Tract 18 out of the J. W. Singleton Survey, A -709,
Baytown, Harris County, Texas, from Neighborhood Conservation (NC) to Mixed Use (MU).
The Baytown Zoning Commission met on October 16, 2002, and voted unanimously to recommend that
City Council approve the request to change the zoning district classification of the property located at
1401 Massey- Tompkins, more fully described as Tract 18 out of the J. W. Singleton Survey, A -709,
Baytown, Harris County, Texas, from Neighborhood Conservation (NC) to Mixed Use (Mil). The
applicant is proposing to use the structure for an automobile repair shop, which is not a permitted use in
the NC district. The existing structure at this location was previously used as a Fire Station. Based on the
staff analysis, this request meets the six amendment criteria established in the Zoning Ordinance.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9462
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY
DESCRIBED AS TRACT 18 OUT OF THE J.W. SINGLETON SURVEY, A -709, BAYTOWN,
HARRIS COUNTY, TEXAS, FROM A NEIGHBORHOOD CONSERVATION (NC) DISTRICT TO A
MIXED USE (MU) DISTRICT; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
Page 4 of 12
Minutes of the Regular Session — November 14, 2002
Consider Proposed Resolution No. 021114 -1, granting the petition to annex a 28.535 -acre tract
located west of Barkuloo Road and north of Briarcreek subdivision and being out of the J. W.
Singleton Survey, A -709, in Harris County, Texas and authorizing preparation of a service plan.
This property is along the route of the proposed Baker Road extension. 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 Murray moved adoption of the proposed resolution. Council Member Mundinger
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
RESOLUTION NO. 1563
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING
THE PETITION OF RICHARD J. THOMSON CONCERNING THE ANNEXATION OF A 28.535 -
ACRE TRACT LOCATED WEST OF BARKUL00 ROAD AND NORTH OF BRIARCREEK
SUBDIVISION AND BEING OUT OF THE J.W. SINGLETON SURVEY, A -709, BAYTOWN,
HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 021114 -2, approving an interlocal agreement with the Baytown
Municipal Development District to provide funding for the design and engineering for utility
extensions in conjunction with the proposed North Main annexation.
Proposed Ordinance No. 021114 -2 approves an interlocal agreement with the Baytown Municipal
Development District for the District to provide funding, not to exceed $300,000, for the design and
engineering fees for utility extensions in conjunction with the proposed North Main annexation.
Approval of this agreement will allow the professional services procurement process to parallel the
annexation process so that design can begin more quickly if the annexation is ultimately approved. No
funds will be expended if the annexation is not approved. The water and sewer lines would be extended
from Lynchburg -Cedar Bayou Road to Interstate Highway 10 at an estimated cost of $2.6 million.
Funding for construction has not been budgeted. On November 7, 2002, the MDD approved the
agreement.
Council Member Murray moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 5 of 12
Minutes of the Regular Session — November 14, 2002
ORDINANCE NO. 9463
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 CITY OF BAYTOWN AND THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT TO PROVIDE FUNDING FOR THE DESIGN, ENGINEERING, AND
DEVELOPMENT OF THE NORTH MAIN STREET WATER AND SEWER LINE EXTENSION
PROJECT IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND AND N0 1100
DOLLARS ($300,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 021114 -3, authorizing letter agreements with the property
owners for the dedication of property for the Baker Road Extension Project, extending Baker Road
from North Main to Crosby -Cedar Bayou Road.
Proposed Ordinance No. 021114 -3 authorizes letter agreements with the property owners for the
dedication of property for the Baker Road Extension Project, extending Baker Road from North Main to
Crosby -Cedar Bayou Road. Separate letter agreements have been obtained from the (1) North Main
Properties ( "NMP'�, (2) Chandler/Meister Group, (3) William J. Reineke, and (4) Louise Donovan. The
letter agreements vary to some extent, but each contains the following salient provisions:
➢ The property owners are required to dedicate to the City fee simple title to the property in a form
approved by the City Attorney within sixty days after the property is surveyed;
➢ The Baytown Municipal Development District and/or the City will endeavor to commence
construction of the extension of Baker Road between North Main to Crosby -Cedar Bayou Road
within three (3) to ten (10) years after the vesting of the title to the Property in the City;
➢ Should construction fail to commence within the time period specified, the property shall revert to
the property owners upon request.
Additionally, NMP has deposited $25,000 for a survey of portions of its property as well as portions of
4407 Cedar Bayou - Lynchburg and 4808 Barkuloo Road needed for the extension project. On June 13,
2002, the MDD committed to paying up to $25,000.00 for the same survey. If the costs of the survey
exceed $50,000, NUT will pay the excess.
On November 7, 2002, the MDD approved the letter agreements.
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, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9464
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING LETTER AGREEMENTS WITH THE PROPERTY OWNERS FOR THE
DEDICATION OF PROPERTY FOR THE BAKER ROAD EXTENSION PROJECT, EXTENDING
BAKER ROAD FROM NORTH MAIN TO CROSBY CEDAR BAYOU ROAD; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Page 6 of 12
Minutes of the Regular Session — November 14, 2002
Consider Proposed Ordinance No. 0211144, 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.
Council was not ready for action on this item.
Consider Proposed Ordinance No. 021114 -5, awarding a professional services contract for the West
Wye Drive Drainage Improvements Project.
Proposed Ordinance No. 021114 -5 awards a professional services contract to Freese & Nichols for the
West Wye Drive Drainage Project. Compensation for basic services is an amount not to exceed $30,500,
plus an amount not to exceed $12,870 for surveying, environmental assessment, and reimbursable
expenses, for a total contract amount not to exceed $43,370. The scope of work includes the design of
drainage improvements and a detention basin at the end of West Wye Drive. Construction costs will not
be estimated until completion of the drainage study currently being performed. The property is currently
owned by the City. This project will be funded by 2002 General Obligation Bonds.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9465
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 AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES CONTRACT
WITH FREESE AND NICHOLS, INC., FOR SURVEYING AND ENGINEERING SERVICES FOR
THE WEST WYE DRIVE DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FORTY -THREE THOUSAND
THREE HUNDRED SEVENTY AND N01100 DOLLARS ($43,370.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 021114 -6, authorizing payment to the Texas Commission on
Environmental Quality for the Annual Water Quality Assessment and Waste Treatment Fees.
Proposed Ordinance No. 021114 -6 authorizes payment to the Texas Commission on Environmental
Quality for the Annual Water Quality Assessment and Waste Treatment Fees as follows: Central District
Plant, $28,060, East District Plant, $36,200, West District Plant, $18,810, for a total amount of $83,070.
The water quality assessment fees fund a state program to assess the quality of the river basins of the State
in response to the Federal Clean Water Act. State law requires the TCEQ to recover the reasonable costs
of the assessment program from wastewater permit holders and water right holders.
Page 7 of 12
Minutes of the Regular Session — November 14, 2002
The Wastewater Treatment Fees, assessed annually each October 31, are imposed on each permittee
holding a permit under the Texas Water Code, Chapter 26. All fees are to be deposited in a fund for the
purpose of supplementing other funds appropriated by the Legislature to pay the expenses of the
Commission to administer water quality programs consistent with the provisions of the Texas Water
Code, Chapter 26, the rules and orders of the Commission, and the provisions of the Commission permit
governing waste discharges and water treatment facilities. Point calculations are based on the daily
average flow limits and permitted parameters specified in the permits. This is an increase of $11,819.25
from the 2001 fees. Funds are available in the Wastewater Treatment budget.
Council Member Renteria moved adoption of the proposed ordinance. Council Member Mundinger
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9466
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF EIGHTY -THREE THOUSAND SEVENTY AND NO 1100
DOLLARS ($83,070.00) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AS
THE COST FOR THE ANNUAL WASTE TREATMENT FEES AND THE ANNUAL WATER
QUALITY ASSESSMENT FEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consent Agenda
a. Proposed Ordinance No. 021114 -7 authorizes payment of the FY2003 Houston Area
Library Automated Network (HALAN) contract fee, in the amount of $58,458, for
provision of an integrated automated circulation system at the library. Sterling Municipal
Library has been a member of HALAN since 1978. The membership fees and contract are
renewed annually. We have 34 workstations and seven terminal reference LAN connected
to the system. Public and staff use of electronic information via this system equaled
124,110 times last year, an increase of 24% over the previous year. This request reflects a
$13,008 increase (28.6 %) over the previous year, as the fee schedule was reformulated
based upon usage rather than number of terminals connected to the network. This more
fairly distributes costs to those larger libraries that are heavier users of system resources.
Further, an independent consultant who evaluated the proposed fee structure and compared
it to other consortiums noted that, in previous years, there had not been any inflation factor
built into the calculation. The reformulated fees also reflect inflationary costs. Funds are
available in the Sterling Municipal Library budget.
b. Proposed Ordinance No. 021114 -8 approves the final payment of $45,590 to Underwood
Sheetmetal, Inc. and accepts the installation of the Tremco Metal Roofing System on the
structure located at 2101 Market Street (formerly Baytown Rentals). The contractor was
given 30 working days to complete this project and it was completed in 10 working days.
The building is currently used by the Parks Department for storing supplies, assembling
playground equipment and for the storing of records. During renovation of the
Community Center, administrative offices will be located at the structure. The contractor's
work was satisfactory and the project was completed at the approved budget price.
Council authorized the use of contingency funds for this project on August 8, 2002.
Page 8of12
Minutes of the Regular Session — November 14, 2002
C. Proposed Ordinance No. 021114 -9 rejects all bids opened on September 23, 2002, and
awards the re -bid of the Tremco Roofing System repair on the Fire Administration Building
located at 3110 North Main Street to Pyramid Waterproofing, Inc., in the amount of
$49,700. Four bids were received. Pyramid Waterproofing, Inc. is the apparent low
responsible bidder.
d. Proposed Ordinance No. 021114 -10 awards the final renewal of the annual construction
materials contract to Deer Park Lumber Company in the amount of $75,000. Deer Park
Lumber has submitted a written request to renew the current contract for the same pricing.
Quantities fluctuate during the term of this contract. The award amount is based on average
yearly usage. This contract is used by all departments for construction materials, roofing
materials, and masonry items.
e. Proposed Ordinance No. 021114 -11 awards a demolition contract for 200 Gresham, 1218
Carnegie, 1514 Hawthorne, 135 Heron Inlet North, and 1508 Kilgore /Jones to All Texas
Demolishing, in the amount of $12,650.00. All are abandoned residential structures. Nine
bid packages were picked up and three were returned. All Texas Demolishing is the
apparent low responsible bidder. Notwithstanding the total award amount less than
$25,000, this item is submitted for Council approval because other demolition contracts
have been awarded to All Texas Demolishing bringing a total award for all contracts to an
amount in excess of $25,000.
Location
Description of Structure
200 Gresham Substandard garage.
1218 Carnegie Abandoned, substandard house.
1514 Hawthorne Abandoned, substandard house.
135 Heron Inlet North Abandoned, substandard mobile home.
1508 Kilgore /Jones Substandard mobile home.
Bid Amount
$1,850
$2,450
$4,250
$2,250
$1,850
Total $12,650
Each structure was ordered demolished by the Urban Rehabilitation Standards Review
Board at its September 9, 2002 meeting. The Department of Housing and Urban
Development has issued a national objective to aid in the reduction of slum and blight.
The demolition of these structures will meet this objective. This project is funded by
CDBG funds.
f. This item was removed for separate consideration.
g. Proposed Ordinance No. 021114 -13 updates the Personnel Policy Manual to allow
performance evaluations to be conducted on the anniversary of the employee's date of
employment. The proposed schedule will move the evaluation time from the end of the
calendar year to times throughout the year, providing more time to prepare and provide
appropriate feedback during the evaluation.
h. Proposed Resolution No. 021114 -2 requests the sheriff or constable to sell the property
located at 5610 Bayway Drive at a public sale pursuant to Section 34.05(c) of the Texas
Tax Code. In 1997, the Legislature amended the Tax Code to allow taxing entities to sell
via a public sale property held by a taxing entity as a result of the receipt of an insufficient
bid at a tax foreclosure sale. At a public sale, the property will be sold at a public auction
at the courthouse door of the county on the first Tuesday of the month, between the hours
of 10:00 a.m. and 4:00 p.m.
Page 9 of 12
Minutes of the Regular Session — November 14, 2002
The acceptance of a bid at such a sale is conclusive and binding on the question of its
sufficiency. As such, it is believed that this process will provide the City an efficient
mechanism for (i) returning deteriorated or unproductive properties to the tax rolls, (ii)
enhancing the value of ownership to the properties neighboring those which have been bid
off to the City in tax foreclosure sales, and (iii) improving the safety and quality of life
throughout the City. This resolution authorizes the sale of the following property:
Property Address: 5610 Bayway Drive
Legal Description: Lot 7, Block L, Wooster B & I
Number and Style of Suit: Cause No. 1989- 30677;
City of Baytown v. Linda J. Armstrong; In the 295th
Judicial District Court, Harris County, Texas
Date of Tax Foreclosure Sale: May 6, 1997
This property was approved for a sheriff or constable's sale by Council at the July 25,
2002, council meeting via Resolution No. 1555. However, if the sheriff or constable's sale
does not occur within 90 days of the passage of the resolution, then another resolution
must be passed before the sale shall commence. Although a certified copy of Resolution
No. 1555 was prepared on July 29, 2002, it was not received by Randy Strong's office
before the 90 -day period expired. Another resolution is required to authorize the sheriff or
constable to sell the property located at 5610 Bayway Drive, Baytown, Texas 77520.
The right of redemption has expired on the property. The property contains no
improvements.
Council Member Mundinger moved adoption of the consent agenda, items a through e, g and h. Council
Member Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor A] faro.
Nays: None.
The motion carried.
ORDINANCE NO. 9467
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE FY2003 HOUSTON AREA LIBRARY AUTOMATED NETWORK (HALAN)
CONTRACT FEE FOR AN INTEGRATED AUTOMATED CIRCULATION SYSTEM AT THE
LIBRARY IN THE AMOUNT OF FIFTY -EIGHT THOUSAND FOUR HUNDRED FIFTY -EIGHT
AND N01100 DOLLARS ($58,458.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9468
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING
THE INSTALLATION OF THE TREMCO METAL ROOFING SYSTEM ON THE STRUCTURE
LOCATED AT 2101 MARKET STREET AND IMPROVEMENTS; AUTHORIZING FINAL
PAYMENT OF THE SUM OF FORTY -FIVE THOUSAND FIVE HUNDRED NINETY AND NO /100
DOLLARS ($45,590.00) TO UNDERWOOD SHEETMETAL, INC.; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 10 of 12
Minutes of the Regular Session — November 14, 2002
ORDINANCE NO. 9469
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING
THE BIDS FOR THE TREMCO ROOFING SYSTEM REPAIR OF THE STRUCTURE LOCATED AT
3110 NORTH MAIN STREET; AWARDING THE TREMCO ROOFING SYSTEM REPAIR OF THE
STRUCTURE LOCATED AT 3110 NORTH MAIN STREET — REBID TO PYRAMID
WATERPROOFING, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF FORTY -NINE THOUSAND SEVEN HUNDRED AND NO /100 DOLLARS ($49,700.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
ORDINANCE NO. 9470
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF DEER PARK LUMBER COMPANY FOR THE ANNUAL CONSTRUCTION
MATERIALS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF SEVENTY -FIVE THOUSAND AND NO /100 DOLLARS ($75,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9471
AN ORDINANCE OF THE CITY COUNCIL OF THE 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 TWELVE THOUSAND SIX
HUNDRED FIFTY AND NO 1100 DOLLARS ($12,650.00); MAKING VARIOUS FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT.
ORDINANCE NO. 9472
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING THE CITY
OF BAYTOWN PERSONNEL POLICY MANUAL TO ALLOW A PERFORMANCE EVALUATION
TO BE CONDUCTED ON THE EMPLOYEE'S ANNIVERSARY DATE; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
RESOLUTION NO. 1564
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING
THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 5610 BAYWAY DRIVE
AT A PUBLIC SALE PURSUANT TO SECTION 34.05 (C) OF THE TEXAS TAX CODE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Proposed Ordinance No. 021114 -12 awards the purchase of one 2003 Ford flatbed truck, one 2003 Ford
Ranger pickup, and one 2003 Ford bucket truck through the Houston - Galveston Area Council (H -GAC)
in the amount of $100,777.05, inclusive of the H -GAC fee of $600. The trucks will be purchased from
Philpott Motors, Inc., Port Neches, Texas. $30,000 is budgeted for the flatbed truck, $15,350 for the
pickup truck, and $75,000 for the bucket truck. Information for each truck is as follows:
Page 11 of 12
Minutes of the Regular Session — November 14, 2002
Item Cost Funding Replaces
Flatbed truck $30,288.40 Parks /Motor Vehicles 1995 % ton
construction truck
Ford Ranger PU $13,606.40 Inspections /Motor Vehicles 1989 Ranger PU
Bucket truck $56.882.25 Traffic Control/Capital Lease Purchase 1984 bucket truck
Total $100,777.05
Interim City Manager Jackson informed Council that due to a 12.19% decline in sales tax revenue
compared to last year at this time, and staffs concern that this could be the beginning of a trend,
expenditures are being carefully monitored. Consequently, staff is requesting that Council award
purchase of the bucket truck only.
Council Member Anderson moved adoption of the ordinance awarding the purchase of the 2003 bucket
truck only. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9473
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF FIFTY -SIX THOUSAND EIGHT HUNDRED EIGHTY -TWO
AND 25/100 DOLLARS ($56,882.25) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE
PURCHASE OF ONE (1) 2003 FORD BUCKET TRUCK; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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 informed Council that Texas Recycles Days will be held on November 15
and 16, 2002 at the Lowe's Home Improvement Warehouse.
Mr. Jackson displayed a photo of the new mosquito spray unit. He said that it will allow increased
flexibility to get to the breeding areas of the mosquitoes that carry St. Louis encephalitis and West Nile
virus.
Mr. Jackson reminded Council of the fundraiser for Officer John Way to be held on November 23, 2002.
Page 12 of 12
Minutes of the Regular Session — November 14, 2002
Adjourn.
Council Member Mundinger moved that the meeting adjourn. Council Member Renteria seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carved.
There being no further business, the meeting adjourned at 7:08 p.m.
I IC
G W. mi
City Clerk
MINUTES OF THE WORK SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 14, 2002
The City Council of the City of Baytown, Texas, met in work session on November 14, 2002, at
5:55 p.m. in the Hullum Conference Room of Baytown City Hall, 2401 Market Street, Baytown,
Texas, with the following in attendance:
Ronnie Anderson
Council Member
Coleman Godwin
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Mercedes Renteria, III
Council Member
Pete C. Alfaro Mayor
Gary M. Jackson
Interim City Manager
Ignacio Ramirez, Sr.
City Attorney
Gary W. Smith
City Clerk
The meeting was opened with a quorum present after which the following business was
conducted:
Discuss proposed amendments to the carnival ordinance.
Gary Jackson, Interim City Manager, reminded City Council that the current ordinance makes it
an offense for a person to intentionally or knowingly charge admission to a regulated event
without having secured a permit from the City. The changes proposed are the result of study of
other ordinances. The proposed version is more stringent than the ordinances reviewed. The
permit fee is raised to $100 per day of the event. The cash bond is increased from $2,500 to
$5,000. Trailers and recreational vehicles used as living quarters are required to have waste
disposal systems. Two portable toilets are required per 100 persons expected to attend the event.
Local organizations that will hold a short-term event on their own property are exempt from the
fee requirements.
Council's discussion reflected concern over unintended impact on local non - profit organizations.
The item will be reviewed by the City Attorney to determine changes that will have less of an
impact on the local organizations.
Discuss proposed delinquent bidder requirements.
Mr. Jackson informed City Council that Dallas and Houston have developed procedures that
review whether a vendor or a contractor owes the City money. A similar procedure could be
developed for Baytown either by adoption of an ordinance or by amending the purchasing rules
and policies.
Page 2 of 3
Minutes of the Work Session — November 14, 2002
Council's discussion indicated that the concept was worth exploring. Council Member Murray
opined that if a principal owes money, then the entity should be precluded from being awarded
the bid/contract.
Council Member Sheley arrived at 6:15 p.m.
Discuss Waterfront monumentation.
Mayor Alfaro introduced the subject and stated that the proposed signage is not required in the
contract with either tenant at the Waterfront, but it could boost publicity and attention to the area
by installing lettering on the oil derrick.
Mr. Jackson explained that the V -sign at the entrance to the Waterfront has been installed. The
question before Council concerns installation of lettering on the oil derrick.
Mayor Alfaro stated that the lettering would be paid from Hotel Occupancy Tax funds. These
funds are restricted in use, but are available for tourism promotion. There will not be an impact
on the general fund budget. Assistant City Manager, Bob Leiper, explained that the proposed
lettering would be four feet in height and would be neon lettering.
Council Member Godwin expressed his opposition to the proposed lettering as unnecessary.
Mayor Alfaro further explained that an amendment to the sign ordinance might be required for
the sign. Mr. Leiper responded to a question and explained that the lettering would be readable
from the foot of the Hartman Bridge and the lighting would be visible from the top of the bridge.
Council Member Murray stated his opposition to the lettering because the Waterfront is a
destination and the sign would not impact business. He expressed dissatisfaction with the
design. Council Member Anderson reminded Council of the City's interest in the property and
of the previous complaints of lack of signage and the lack of knowledge of the existence of the
restaurant at the Waterfront. Council Member Renteria supported the placement of the lettering
to increase the advertising of the area. Council Member Mundinger supported the concept but
requested more attractive lettering. Council Member Sheley asked Council to consider the long -
range plan for the Waterfront and suggested that the businesses at the Waterfront should
participate in the cost of any increased signage.
Discuss appointment.
Reinvestment Zone Number One, City of Baytown.
This appointment was delayed until the next meeting.
Page 3 of 3
Minutes of the Work Session — November 14, 2002
Adjourn.
Theme being no further business, Conned Member Mundinger moved adjournment. Conned
Member Anderson seconded the motion. The vote follows:
Aye: Council Members Anderson, Godwin„ Mundinger, Murray, Renteria and Shelly
Mayor Alfaro.
Nay": ,None.
The motion carried and the meeting adjourned at 6:29 p.m.
P'
a............_
Gar} W Smith.
" 'City Clerk