2003 02 13 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 13, 2003
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on February 13, 2003, at 6:30
p.m. in the Council Chamber of Baytown City Hall with the following in attendance:
Coleman Godwin
Calvin Mundinger
Don Murray
Mercedes Renteria III
Scott Sheley
Ronnie Anderson
Gary M. Jackson
Ignacio Ramirez, Sr.
Gary W. Smith
Absent: Pete C. A] faro
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor Pro Tempore
City Manager
City Attorney
City Clerk
Mayor
The meeting was opened with a quorum present. Mayor Pro Tempore Anderson recognized the
students present from Sterling High School. In addition, he acknowledged the presence of his father,
Jim Anderson and his wife, Barbara Anderson. 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 January 23, 2003.
Council Member Mundinger moved approval of the minutes of the work session and regular meeting
held on January 23, 2003. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, and Sheley.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
Consider approval of minutes for the work session held on January 30, 2003.
Council Member Godwin moved approval of the minutes of the work session held on January 30,
2003. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, and Sheley.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
Page 2of18
Minutes of the Regular Session — February 13, 2003
Receive and discuss the Court/Jail management audit report from Coats, Rose, Yale, Ryman &
Lee, P.C.
Val Perkins and Tom Barber of Coats, Rose, Yale, Ryman & Lee, P.C., presented the management
audit report concerning the construction of the Municipal Court and Jail Facility. Both the Municipal
Court and the jail facilities are operational and in use, although problems continue to plague them,
including:
• Lack of proper drainage has resulted in "ponding" in various areas of the facilities,
including sidewalks and the parking area;
• Air conditioning and heating problems resulting from improper installation and a faulty
compressor remain evident;
• Numerous discrepancies between electrical requirements and the actual placement of
electrical lines, breakers, and wiring;
• Doors and locks manifest regular malfunctions, a particular concern in the jail;
• Laminate in various locations of the Municipal Court Building exhibits cracking and
peeling;
• The "window wall" in the Municipal Court Building endures major leaks; and,
• There are major roof leaks, both from the roof of the jail and more significantly, the
roof of the Municipal Court.
Council Member Renteria joined the meeting at 6:45 p.m.
While the firm does not advise legal action at this time, it does recommend the following:
• After notice to the Project contractor, the services of third -party contractors be engaged
to correct the deficiencies, the costs of which be charged against the $221,663.21 in
retainage held by the City;
• Make a claim on the Berridge Manufacturing Company five -year water tightness
limited warranty and demand the replacement of the curved roof over the Municipal
Court;
• Reserve all rights to make claims against the project contractor and/or its surety for
work associated with the project deficiencies and/or the curved roof.
• Reserve all rights to make claims against the project architect for possible faulty design,
particularly as related to the curved roof, the lack of project compliance with the
Americans with Disabilities Act, and other design and project management issues;
• Use alternative delivery methods for future construction projects as permitted by the
provisions of Chapter 271 of the Texas Local Government Code (the project could have
been a candidate for a "competitive bid (design/bid/build)," a "construction manager at
risk," or a "design/build" alternative construction delivery method.)
Do not use an out- of- Baytown/Houston area architect as a project Manager on future
projects. It is incumbent that the City be served by competent project management on
all future public works projects. The City may wish to investigate the possibility of
contracting not only with a project architect on future jobs, but also with an independent
contract manager to oversee all phases of future construction management.
Page 3 of 18
Minutes of the Regular Session — February 13, 2003
Consider Proposed Ordinance No. 030213 -1, continuing the engagement of Coats, Rose, Yale,
Ryman & Lee, P.C., for legal services in connection with the post -audit report activities
concerning the Municipal Court and Jail Project.
These activities will include:
• give notice to contractor of the City's intention to retain the services of third -party
contractors to correct the project deficiencies;
• coordinate with the City to retain the contractors and to monitor payments made;
• coordinate with the City regarding the roof warranty claim and advise the City as to
further legal actions to be taken;
• monitor claims of subcontractors on the Project and litigation which may result
therefrom;
• continue negotiations with the architect regarding the design and management issues
identified and advise the City on further legal actions to be taken; and
• provide legal assistance to the City in the event of a claim by the contractor, architect,
subcontractor, or manufacturer /supplier on the project.
The Firm will attempt to resolve all outstanding issues without litigation and shall report the status of
its efforts to the City Council in approximately 60 days. Payment for these services will be on an
hourly basis and will not exceed $30,000. Randall B. Strong will continue to provide local counsel to
the City under this arrangement.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9504
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CONTINUING THE ENGAGEMENT OF COATS, ROSE, YALE, RYMAN & LEE, P.C., FOR
LEGAL SERVICES IN CONNECTION WITH THE POST -AUDIT REPORT ACTIVITIES
CONCERNING THE MUNICIPAL COURT AND JAIL PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 030213 -2, authorizing the issuance of $7,355,000 City of
Baytown, Texas, General Obligation Bonds, Series 2003.
The proceeds of the sale of the General Obligation Bonds will be used for the acquisition and
construction of street improvements, drainage improvements, fire fighting facilities and equipment,
communications equipment, park improvements, and to pay for the costs associated with the issuance
of the Series 2003 Bonds.
Page 4of18
Minutes of the Regular Session — February 13, 2003
Drew Masterson of First Southwest informed Council that the low bid for the bonds had been
submitted by Morgan Stanley at an interest rate of 4.35 %.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9505
AN ORDINANCE OF THE CITY COUNCIL OF THE
AUTHORIZING THE ISSUANCE OF $7,355,000 CITY OF
OBLIGATION BONDS, SERIES 2003; AND PROVIDING
THEREOF.
Council Member Renteria left the meeting at 7:10 p.m.
CITY OF BAYTOWN, TEXAS,
BAYTOWN TEXAS, GENERAL
FOR THE EFFECTIVE DATE
Consider Proposed Ordinance No. 030213 -3, authorizing the issuance of $4,630,000 City of
Baytown, Texas, Certificates of Obligation, Series 2003.
The proceeds of the sale of the Certificates of Obligation will be used for construction of
improvements to the City's water and sanitary sewer system, and to pay for the costs associated with
the issuance of the Series 2003 Certificates.
Drew Masterson of First Southwest informed Council that the low bid for the certificates of obligation
had been submitted by Morgan Stanley at an interest rate of 4.36 %. He informed Council that the
City's bond ratings by Moody's is Aa3 and by Standard & Poor's is `AA -', due to positive economic
growth, large tax base, and expansion in major industry and commercial areas.
Council Member Godwin moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, and Sheley.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9506
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE ISSUANCE OF $4,630,000 CITY OF BAYTOWN, TEXAS, CERTIFICATES
OF OBLIGATION, SERIES 2003; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 5of18
Minutes of the Regular Session — February 13, 2003
Conduct a public hearing to consider the request of Steve Schieni to amend the Official Zoning
map of the City of Baytown to rezone property described as Block 3, Lots 4, 4A, 4B, 5 and Tract
14 of the Leger Subdivision and Lots 57, 58, 59, 60, 61 and 62 out of the Britton Cravens
Subdivision, Harris County, Texas from Neighborhood Conservation (NC) to Urban
Neighborhood (UN).
The public hearing was called to order at 7:24 p.m.
Notice of the public hearing was published in the Baytown Sun on Friday, January 24, 2003, more than
15 days before the public hearing. Notice was mailed to all property owners within 300 feet of this
location on or before January 13, 2003, more than 15 days before the public hearing. The Baytown
Zoning Commission met on December 18, 2002, and voted unanimously to recommend that City
Council approve the request to change the zoning district classification of the property located adjacent
to 2315 West Main Street from Neighborhood Conservation (NC) to Urban Neighborhood (UN). The
applicant is proposing to erect an office building, which is not a permitted use in the NC district.
Based on the staff analysis, the request meets the six amendment criteria established in the Zoning
Ordinance.
Kim Easterling appeared on behalf of her grandmother, Selma Osborne, 1605 Utah. She inquired
regarding the impact on the surrounding area, i.e., hours of operation, noise, and parking. Further, she
requested that the fence on the property which had been relocated, be repaired and the area around it
maintained, and the trailer be located on the far side of the lot.
Frank Sloan appeared on behalf of Steve Schieni. He discussed the proposed use for the property to be
rezoned and informed Council that a single -story trailer will be located on the center line of Lots 61
and 62 and will be used during normal business hours with little or no noise.
Francisco Martinez and Antonio Martinez signed up to speak on this issue, but declined to speak when
their names were called.
The public hearing was closed at 7:30 p.m.
Consider Proposed Ordinance No. 0302134, amending the Official Zoning map of the City of
Baytown to rezone property described as Block 3, Lots 4, 4A, 4B, 5 and Tract 14 of the Leger
Subdivision and Lots 57, 58, 59, 60, 61 and 62 out of the Britton Cravens Subdivision, Harris
County, Texas from Neighborhood Conservation (NC) to Urban Neighborhood (UN).
The Baytown Zoning Commission met on December 18, 2002, and voted unanimously to approve the
request for zoning district reclassification of property located adjacent to 2315 West Main Street from
Neighborhood Conservation (NC) to Urban Neighborhood (UN). The applicant is proposing to erect
an office building, which is not a permitted use in the NC district. Based on the staff analysis, the
request meets the six amendment criteria established in the Zoning Ordinance.
Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, and Sheley.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
Page 6 of 18
Minutes of the Regular Session — February 13, 2003
ORDINANCE NO. 9507
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 BLOCK 3, LOTS 4, 4A, 4B, 5 AND TRACT 14 OF THE LEGER
SUBDIVISION AND LOTS 57, 58, 59, 60, 61 AND 62 OUT OF THE BRITTON CRAVENS
SUBDIVISION, BAYTOWN, HARRIS COUNTY, TEXAS, TO RECLASSIFY SUCH PROPERTY
FROM A NEIGHBORHOOD CONSERVATION ZONING DISTRICT TO URBAN
NEIGHBORHOOD ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO 1100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 030213 -5, the final reading of the Ordinance annexing
property currently within the extra - territorial jurisdiction of the City of Baytown and being 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.
The City of Baytown received a request to annex the 3.2429 -acre tract of land owned by Eugene
Ybarra and proposed for the construction of a restaurant. Mr. Ybarra 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 December 12, 2002. The first reading of the ordinance was held
on January 9, 2003. The final reading may not be held until 30 days after the publication of the first
reading ordinance, which occurred on January 11, 2003.
Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, and Sheley.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9489
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, AND 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 OF THE EAST END ADDITION TO HIGHLAND
FARMS SUBDIVISION, BAYTOWN, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORY
LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF
BAYTOWN, TEXAS.
Page 7 of 18
Minutes of the Regular Session — February 13, 2003
Consider Proposed Ordinance No. 030213 -6, placing the 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, in Council District No. 4.
Upon annexation property must be placed in the proper Council District. The property is adjacent to
other properties within the City that are situated in Council District No. 4.
Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, and Sheley.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9508
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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 OF THE EAST
END ADDITION TO HIGHLAND FARMS SUBDIVISION, BAYTOWN, HARRIS COUNTY,
TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 030213 -7, the final reading of the Ordinance annexing
property currently within the extra - territorial jurisdiction of the City of Baytown and being a
28.535 -acre tract of land located west of the intersection of Barkuloo Road and north of
Briarcreek subdivision, being out of the J. W. Singleton Survey, A -709 in Harris County, Texas.
The City of Baytown received a request to annex the 28.535 -acre tract of land owned by Richard
Thomson and along the route of the proposed extension of Baker Road. Dr. Thomson 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 December 12, 2002. The first reading of the
ordinance was held on January 9, 2003. The final reading may not be held until 30 days after the
publication of the first reading ordinance, which occurred on January 11, 2003.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Godwin
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, and Sheley.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
Page 8of18
Minutes of the Regular Session — February 13, 2003
ORDINANCE NO. 9490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, AND THE ANNEXATION OF A 28.535 ACRE TRACT LOCATED WEST
OF BARKALOO ROAD AND NORTH OF BRIARCREEK SUBDIVISION AND BEING OUT OF
THE J.W. SINGLETON SURVEY, A -709, BAYTOWN, HARRIS COUNTY, TEXAS; WHICH
SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS
FOR THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance No. 030213 -8 placing the 28.535 -acre tract located west of
Barkuloo Road and north of Briarcreek subdivision, out of the J. W. Singleton Survey, A -709, in
Harris County, Texas, in Council District No. 4.
Upon annexation property must be placed in the proper Council District. The property is adjacent to
other properties within the City that are situated in Council District No. 4.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Mundinger
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, Murray, and Sheley.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9509
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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,
BAYTOWN, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Council Member Sheley left the meeting at 7:39 p.m.
Consider Proposed Ordinance No. 030213 -9, authorizing a professional services contract for the
development of the Phase II Storm Water Management Program and permitting assistance.
Proposed Ordinance No. 030213 -9 authorizes a professional services contract in a lump sum amount of
$25,000 with PBS&J for the development of the Phase H Storm Water Management Program and
Permitting Assistance. The EPA and the Texas Commission on Environmental Quality (TCEQ) has
mandated that the City obtain a permit to control illicit discharges from stonn water throughout the
r City limits and the ETJ. Consequently, staff has consulted with PBS&J to prepare the permit
application and the necessary information for implementation of the program. Federal and State law
dictate that the City obtain permit coverage either by March 10, 2003 or within 90 days from the date
the general permit is issued, whichever is later. PBS&J has signed a short form contract with the City
to perfonn the work for the lump sum of $25,000.
Page 9 of 18
Minutes of the Regular Session — February 13, 2003
Council Member Mundinger moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, and Murray.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9510
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH PBS &J FOR CONSULTING ENGINEERING SERVICES FOR
THE DEVELOPMENT OF THE PHASE 11 STORM WATER MANAGEMENT PROGRAM AND
PERMITTING ASSISTANCE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT OF TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 030213 -10, authorizing final payment to D & W Contractors,
Inc. for the renovation of Duke Hill Park.
Proposed Ordinance No. 030213 -10 authorizes final payment in the amount of $16,980.53 to D & W
Contractors, Inc. for the renovation of Duke Hill Park. On August 8, 2002, Council authorized a
construction contract in the amount $172,237. Change Order No. 1, in the amount of $2,244.90, added
trail around the playground area. Change Order No. 2 deducted $4,676.57 because the actual length of
trail was less than estimated. This reduced the contract to $169,805.33, a cost reduction of 1.5 %.
Parks and Recreation Department employees have installed the playground equipment and constructed
two shelters. David Black of Busch, Hutchison, and Associates has reviewed the project and
recommends final payment to D & W Contractors, Inc.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, and Murray.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9511
t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE RENOVATION OF DUKE HILL PARK AND IMPROVEMENTS;
AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTEEN THOUSAND NINE HUNDRED
EIGHTY AND 53/100 DOLLARS ($16,980.53) TO D & W CONTRACTORS, INC.; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 10 of 18
Minutes of the Regular Session — February 13, 2003
Consider Proposed Ordinance No.030213 -11, authorizing Change Order No. 4, approving final
payment to PM Construction for Work Order No. 8, and accepting the 2001 Annual Sanitary
Sewer Rehabilitation Project.
Proposed Ordinance No.030213 -11 approves Change Order No. 4 in the amount of $1,562.50,
approves final payment of $44,087.50 for Work Order No 8 to PM Construction, and accepts the 2001
Annual Sanitary Sewer Rehabilitation Project. This acceptance also serves as the start date for the
one -year warranty period. The original contract was awarded to PM Construction in the amount of
$887,875. There were four change orders that adjusted the final contract amount to $1,093,459.50, or
an increase of 23 %. Change Order No. 1 was for the addition of a line item to the contract and did not
involve a change in the contract amount. Change Order No. 2, in the amount of $15,857, was for an
emergency manhole replacement on East Baker Road. Both change orders were approved by the City
Manager. Change Order No. 3 was for $188,165 and was authorized by City Council on September
26, 2002 in order to capitalize on competitive pricing in the contract. Change Order No. 4 was for an
emergency drop manhole construction at 5114 Goose Creek Drive that occurred after the final work
order in the contract had been completed. The contractor's workmanship was satisfactory and each
work order was completed within the assigned time limits. This project was funded by 2000
Certificates of Obligation.
Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, and Murray.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9512
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CHANGE ORDER NO. 4 AND FINAL PAYMENT ON WORK ORDER NO. 8
WITH P.M. CONSTRUCTION AND REHABILITATION, L.P., TO ADJUST THE FINAL UNIT
BID QUANTITIES FOR THE ANNUAL SANITARY SEWER REHABILITATION CONTRACT -
YEAR 2001; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY -FOUR THOUSAND
EIGHTY -SEVEN AND 501100 DOLLARS ($44,087.50) TO P.M. CONSTRUCTION AND
REHABILITATION, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance 030213 -12, ordering the Municipal Election to be held on the 3rd
day of May 2003, for the purpose of electing three Council Members from District Numbers
One, Two, and Three.
According to state statute, the regular election must be held on Saturday, May 3, 2003. It will be
necessary to elect three Council Members from District Numbers One (1), Two (2), and Three (3) for
two -year terms. The proposed ordinance establishes procedures for holding the election; locations for
polling places; orders all necessary notices and actions; establishes the location for central counting,
and provides for early voting hours and early voting ballot board. The election officers will be
appointed by separate resolution. Early voting will take place from April 16 through 29. Candidate
filing may occur between February 17 and March 19.
Page 11 of 18
Minutes of the Regular Session — February 13, 2003
Council Member Godwin moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, and Murray.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9513
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING
THE MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF MAY, 2003, FOR THE
PURPOSES OF ELECTING THREE COUNCILMEMBERS FROM DISTRICT NOS. ONE, TWO
AND THREE; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION;
PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION;
PROVIDING FOR AN EARLY BALLOT BOARD FOR EARLY BALLOTS; AND PROVIDING
FOR THE POSTING AND PUBLICATION OF NOTICE.
Consider Proposed Ordinance 030213 -13, authorizing a joint election agreement with Goose
Creek Consolidated Independent School District for the general election to be held on the 3'd day
of May 2003.
The use of the new voting equipment from Harris County will allow a fully joint election, so that city
and school races, as appropriate, will be reflected on the same ballot. Early voting will take place at
one location. Tabulation of ballots will occur at the same location, the School District's new facility.
The City and the School District will share the cost of equipment, supplies, and personnel for common
polling places. In the common polling places, the voter will only make one stop and vote only one
ballot. This will reduce the cost of the election for each entity. The School District will consider
approval of the agreement at a special meeting scheduled for Monday, February 17, 2003.
Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, and Murray.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9514
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A JOINT ELECTION AGREEMENT WITH THE GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE GENERAL ELECTION TO
BE HELD ON THE 3RD DAY OF MAY 2003; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 12 of 18
Minutes of the Regular Session — February 13, 2003
Consider Proposed Ordinance 030213 -14a, awarding the bid for the annual mowing, edging, and
trimming contract.
Consider Proposed Ordinance 030213 -14b, awarding the bid for the annual mowing, edging, and
trimming contract.
The mowing contract was presented in alternate forms. The first option retains eight mowing cycles in
Section III. The second option reduces mowing costs in Section III by eliminating three mowing
cycles. The difference is $23,355 resulting from the elimination of the three mowing cycles during the
late autumn and winter months.
Proposed Ordinance 030213 -14a awards the bid for the annual mowing, edging, and trimming contract
in the amount of $158,825, as follows:
Section I Parks Contract Mowing Sites $36,375
Section III Community Beautification Sites $62,280
Grant Smith Mowing
Grant Smith Mowing
Grant Smith Mowing
Grant Smith Mowing
Niederhofer
Niederhofer
Enterprises,
Enterprises,
Proposed Ordinance 030213 -14b awards the bid for the annual mowing, edging, and trimming contract
in the amount of $135,470, as follows:
Section I Parks Contract Mowing Sites
Section III Community Beautification Sites
(5 cycles @ $7,785.00 ea)
Section V Miscellaneous City Facilities
Section VI On -Call Only Sites
Section II Bayland Park & Marina
Inc.
Section IV Lift Stations & Well Sites
Inc.
$36,375
$38,925
$23,990
2,660
$101,950
Grant Smith Mowing
Grant Smith Mowing
Grant Smith Mowing
Grant Smith Mowing
$11,220 Niederhofer
$22,300
$33,520
Niederhofer
Enterprises,
Enterprises,
Council Member Mundinger moved adoption of proposed Ordinance No 030213 -14b. Council
Member Murray seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, and Murray.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
(8 cycles @ $7,785 each)
Section V
Miscellaneous City Facilities
$23,990
Section VI
On -Call Only Sites
2,660
$125,305
Section II
Bayland Park & Marina
$11,220
Inc.
Section IV
Lift Stations & Well Sites
$22,300
Inc.
$33,520
Grant Smith Mowing
Grant Smith Mowing
Grant Smith Mowing
Grant Smith Mowing
Niederhofer
Niederhofer
Enterprises,
Enterprises,
Proposed Ordinance 030213 -14b awards the bid for the annual mowing, edging, and trimming contract
in the amount of $135,470, as follows:
Section I Parks Contract Mowing Sites
Section III Community Beautification Sites
(5 cycles @ $7,785.00 ea)
Section V Miscellaneous City Facilities
Section VI On -Call Only Sites
Section II Bayland Park & Marina
Inc.
Section IV Lift Stations & Well Sites
Inc.
$36,375
$38,925
$23,990
2,660
$101,950
Grant Smith Mowing
Grant Smith Mowing
Grant Smith Mowing
Grant Smith Mowing
$11,220 Niederhofer
$22,300
$33,520
Niederhofer
Enterprises,
Enterprises,
Council Member Mundinger moved adoption of proposed Ordinance No 030213 -14b. Council
Member Murray seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, and Murray.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
Page 13 of 18
Minutes of the Regular Session — February 13, 2003
ORDINANCE NO. 9515
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACTS OF GRANT SMITH MOWING AND NIEDERHOFER ENTERPRISES, INC.,
FOR THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED
THIRTY -FIVE THOUSAND FOUR HUNDRED SEVENTY AND N01100 DOLLARS
($135,470.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 030213 -15, granting a conditional, limited variance to Section
6 -2, "Sales near schools, churches, hospitals or day care facilities" for the sale of beer and wine in
a grocery store in the Bay Plaza Shopping Center.
Proposed Ordinance No. 030213 -15 grants a variance to INH Realty Corporation, the owner of Bay
Plaza Shopping Center, for the approval of the issuance of a permit for the sale of beer and wine for
off - premise consumption through a grocery store to be located at the shopping center. The variance
will allow the issuance of the permit. The shopping center is on 13.9 acres. A day -care center is
located toward the south end of the center. A grocery store is proposed for the northern end of the
center. Our ordinance prohibits the sale of alcoholic beverages within 300 feet of the property line of a
day -care center. As an additional obstacle, the shopping center shares a common property line with
James Bowie Elementary School. The distances are measured from lot line to lot line. Therefore the
store is too close to the day care and the school to allow a license to be issued for the grocery store.
The statute allows the City to grant variances to its ordinance. A variance appears appropriate in this
situation. Hathaways Grocery was formerly located at the shopping center for a number of years. The
Zone, which is licensed for on- premise consumption of alcoholic beverages, is located in the shopping
center. There is no direct public access between the school and the proposed grocery store site. The
day -care is a significant distance from the proposed grocery store site and is generally served by a
separate parking lot. The distance requirements for day -care centers and the method of measuring
were enacted in 1997, long after the development of the center. In order to allow the property owner to
finalize lease negotiations, we recommend that a variance be granted for a one -year period to allow the
permitting of the sale of beer and wine only at a grocery store located in rental units 10, 11, and 12 of
the Bay Plaza Shopping Center. Should a permit for such sales not be issued within one year of the
date of approval of this resolution, the variance will expire.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Mundinger and Murray.
Mayor Pro Tempore Anderson.
Nays: Council Member Godwin.
The motion carried.
im
Page 14 of 18
Minutes of the Regular Session — February 13, 2003
ORDINANCE NO. 9516
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING
A LIMITED VARIANCE TO SECTION 6 -2 OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, TO INH REALTY CORPORATION TO ALLOW THE ISSUANCE OF A
WINE AND BEER RETAILER'S OFF - PREMISES PERMIT AT A GROCERY STORE TO BE
LOCATED IN RENTAL UNITS 10, 11 AND 12 OF THE BAY PLAZA SHOPPING CENTER IN
THE 2300 BLOCK OF NORTH ALEXANDER DRIVE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance No. 030213 -16, awarding the Annual Sanitary Sewer
Rehabilitation Contract — Year 2003.
Proposed Ordinance No. 030213 -16 awards the Annual Sanitary Sewer Rehabilitation Contract — Year
2003 to PM Construction in the amount of $999,608.15. Six potential bidders attended the mandatory
prebid meeting and we received five bids. PM Construction was the apparent lowest responsible
bidder. The scope of work includes sanitary sewer rehabilitation work primarily using the pipe bursting
method, but will also include some removal and replacement by open trench method, as needed. PM
Construction recently completed the 2001 Annual Sanitary Sewer Rehabilitation project and exceeded
performance expectations. Construction duration is one calendar year and will be funded by 2002
Certificates of Obligation. This contract is for an initial term of one year, with the option of an
extension for an additional one -year period under the same terms, conditions, and unit prices as
expressed in the contract.
Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin
seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, and Murray.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9517
AN ORDINANCE OF THE CITY COUNCIL OF THE 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 ANNUAL SANITARY SEWER REHABILITATION CONTRACT - YEAR 2003;
AUTHORIZING PAYMENT OF THE SUM OF NINE HUNDRED NINETY -NINE THOUSAND
SIX HUNDRED EIGHT AND 151100 DOLLARS ($999,608.15); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 15 of 18
Minutes of the Regular Session — February 13, 2003
Consent Agenda
a. Proposed Ordinance No. 030213 -17 approves final payment to Florida Traffic Control
Devices Inc. in the amount of $9,121.67 and accepts the State Highway 146 at El Chaco
Signalization project. The contract with Florida Traffic Control Devices Inc. was for
$91,216.69 and the project was completed for this amount. The contractor was given
60 calendar days to complete the project. The project was substantially complete and
the traffic signals were in service in 57 calendar days. The contractor's work was
satisfactory.
b. Proposed Ordinance No. 030213 -18 authorizes the City Manager to enter into a Solid
Waste Implementation Program Contract with Houston - Galveston Area Council
(HGAC) for reimbursement by HGAC for illegal dumpsite surveillance equipment as
approved in the Fiscal Year 2002 -2003 HGAC Solid Waste Management Grant. The
Grant/Contract, in the amount of $23,856, is for the purchase and use of surveillance
and communication equipment that will help curtail the acts of illegal dumping and the
number of illegal dumpsites. No matching funds are requested from the City, other than
Health Department personnel locating and operating the equipment.
C. Proposed Ordinance No. 030213 -19 approves interlocal agreements with the Cities of
La Porte, Seabrook, Katy, Bellaire, Humble, and Webster and the Counties of Harris
and Fort Bend to allow their participation in the Harris County Organized Crime &
Narcotics Task Force. Approval of these agreements will allow the other entities to
approve one standard from of agreement. Each entity will provide personnel services to
the Task Force and will be reimbursed through grant funding. No local funding is
involved.
d. Proposed Ordinance No. 030213 -20 awards the second renewal of the annual gasoline
and diesel fuel contract to King Fuels, Inc., in the amount of $980,304.70. King Fuels,
Inc., submitted a written request to renew the current contract for the same discount,
terms, and conditions. Total award amount includes all taxes and environmental fees
for all entities (City of Baytown, Goose Creek ISD, Barbers Hill ISD, Lee College, and
City of Seabrook) included in the Interlocal Contract for fuel. The City's portion of this
contract is $531,041.58. Price per gallon of fuel is based on the daily Oil Publication
Information Sheet (OPIS) price per gallon less quoted discount.
e. Proposed Ordinance No. 030213 -21 awards the second renewal of the annual janitorial
and cleaning services contract to Pedus Service in the amount of $65,347.45. Pedus
Service submitted a written request to renew the current contract with a 2.4% CP1U
increase. Services have been adjusted by the relocation of the Transportation
Department to 307 South Main from Lee Drive, and the reduction of service at the
Baytown Police Substation, DOT and Domestic Violence. Services to all other
locations remain the same. The net change is $267.12 or .0041 %. This contract
provides cleaning services for 14 locations throughout the City. The Consumer Price
Index for all Urban Areas (CPIU) is an economic indicator most widely used to measure
inflation for prices of goods and services purchased for consumption by urban
households.
f. Proposed Ordinance No. 020213 -22 awards the last renewal of the annual police and
animal control uniform contract to Direct Action Uniforms for $31,238.97. Direct
Action submitted a written request to renew the current contract for the same pricing,
terms, and conditions. Quantities have been adjusted to reflect the proposed budget.
This contract includes uniforms for the Animal Control and Police Department.
Page 16 of 18
Minutes of the Regular Session — February 13, 2003
g. Proposed Resolution 030213 -1 authorizes participation in an Inter urisdictional
Comprehensive All Hazard Mitigation Plan. A memorandum is included in the packet.
h. Receive the City of Baytown investment report for the quarter ending December 31,
2002.
Council Member Mundinger moved adoption of the consent agenda, items a through h. Council
Member Murray seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, and Murray.
Mayor Pro Tempore Anderson.
Nays: None.
The motion carried.
ORDINANCE NO. 9518
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE FULL SIGNALIZATION OF THE INTERSECTION OF STATE HIGHWAY
146 AT EL CHACO DRIVE AND IMPROVEMENTS; AUTHORIZING FINAL PAYMENT OF
THE SUM OF NINE THOUSAND ONE HUNDRED TWENTY -ONE AND 67/100 DOLLARS
($9,121.67) TO FLORIDA TRAFFIC CONTROL DEVICES, INC.; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9519
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE
CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A SOLID WASTE IMPLEMENTATION
PROGRAM CONTRACT WITH HOUSTON - GALVESTON AREA COUNCIL (HGAC)
REGARDING REIMBURSEMENT BY HGAC FOR ILLEGAL DUMPSITE SURVEILLANCE
EQUIPMENT AS APPROVED IN THE FISCAL YEAR 2002 -2003 HGAC SOLID WASTE
MANAGEMENT GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9520
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITIES OF LA PORTE,
SEABROOK, KATY, BELLAIRE, HUMBLE AND WEBSTER AND THE COUNTIES OF HARRIS
AND FORT BEND FOR PARTICIPATION IN THE HARRIS COUNTY ORGANIZED CRIME
TASK FORCE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF KING FUELS, INC., FOR THE ANNUAL GASOLINE AND DIESEL FUEL
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
NINE HUNDRED EIGHTY THOUSAND THREE HUNDRED FOUR AND 70/100 DOLLARS
($980,304.70); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Page 17 of 18
Minutes of the Regular Session — February 13, 2003
ORDINANCE NO. 9522
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF PEDUS SERVICE FOR THE ANNUAL JANITORIAL & CLEANING
SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF SIXTY -FIVE THOUSAND THREE HUNDRED FORTY -SEVEN AND 45/100 DOLLARS
($65,347.45); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9523
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF DIRECT ACTION UNIFORMS FOR THE ANNUAL POLICE AND
ANIMAL CONTROL UNIFORM CONTRACT AND AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN, THE SUM OF THIRTY -ONE THOUSAND TWO HUNDRED THIRTY -EIGHT
AND 97/100 DOLLARS ($31,238.97); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1569
A JOINT RESOLUTION OF THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS,
AND THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE
ADOPTION OF AN INTERJURISDICTIONAL COMPREHENSIVE ALL HAZARD MITIGATION
PLAN.
Consider appointment to the Baytown West Chambers County Economic Development
Foundation.
One member of City Council is appointed to the Economic Development Foundation Board. Ronnie
Anderson was appointed to the to the Foundation in February 2002. The term expired at the end of
2002.
Council Member Mundinger moved appointment of Coleman Godwin to the Baytown West Chambers
County Economic Development Foundation. Council Member Godwin seconded the motion. The
vote follows:
Ayes: Council Members Godwin, Mundinger, and Murray.
Mayor Pro Tempore Anderson.
Nays: None.
Consider appointment to the Emergency Medical Service Advisory Committee.
This appointment will be the seventh member of the committee as established by Section 30 -121 of the
Code of Ordinances. The purpose of the committee is to provide recommendations to council for
construction, equipment, and numbers of emergency medical service vehicles necessary to provide
service by the City. Mr. Randall Strong has agreed to serve on the Committee and will serve an initial
two -year term, to expire on December 11, 2004.
Page 18 of 18
Minutes of the Regular Session — February 13, 2003
Council Member Godwin moved appointment of Randall Strong to the Emergency Medical Service
Advisory Committee. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, and Murray.
Mayor Pro Tempore Anderson.
Nays: None.
City Manager's Report.
City Manager Jackson reported to Council that, due to the placement of highway beams for the Spur
330 Project, Baker Road at Decker Drive will be closed from 10:00 a.m. to 3:00 p.m. on Tuesday and
Wednesday, February 18 and 19, 2003.
Mr. Jackson informed Council that the Warrant Amnesty Round -up Program for outstanding
Municipal Court warrants will begin on March 17, 2003. Letters will be mailed on March 1 and
amnesty will be granted beginning on March 17 through March 31. During this period, the warrant fee
will be waived. He said hours will be extended during the week and on Saturdays during the program.
Beginning April 1 through April 15, the warrant roundup begins. All those arrested during the
roundup will have to pay the $50 warrant fees. All defendants will be taken to jail to be booked or to
pay in full.
Adjourn.
Council Member Godwin moved that the meeting adjourn. Council Member Mundinger seconded the
motion. The vote follows:
Ayes: Council Members Godwin, Mundinger, and Murray.
Mayor Pro Tempore Anderson
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 8:02 p.m.
Ga#j W. mith
City Clerk