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2010 05 27 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 27,2010 The City Council of the City of Baytown,Texas,met in a Regular Meeting on Thursday, May 27,2010,at 6:30 P.M.in the Council Chamber of the Baytown City Hall,2401 Market Street,Baytown,Texas with the following in attendance: Brandon Capetillo Council Member Lynn Caskey Council Member David McCartney Council Member Mercedes Renteria III Council Member Terry Sain Council Member Scott Sheley Council Member Stephen H.DonCarlos Mayor Garrison C.Brumback City Manager Bob Leiper Deputy City Manager Kevin Trailer Assistant City Manager Ignacio Ramirez City Attorney Leticia Garza City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the May 27,2010,Regular Meeting with a quorum present at 6:30 P.M. Pledge of Allegiance,Texas Pledge and Invocation was led by Council Member Sheley and Boy Scout Troop No.183,St.Paul Lutheran Church,Scout Master Ian Gilispie. 1.MINUTES a.Approve Minutes of the City Council Regular Work Session and Meeting held on May 13,2010. Motion was made by Council Member Sain,seconded by Council Member McCartney approving the minutes from the May 13,2010,City Council Regular Work Session and Meeting.The vote was as follows: Ayes:Council Members:Capetillo,McCartney,Sain,Renteria, Sheley,and Mayor DonCarlos Nays:None Abstained:Council Member:Caskey Page 2 of 23 Minutes of the May 27,2010 City Council Regular Meeting The motion carried. 2.RECOGNITIONS AND CITIZENS COMMUNICATIONS a.Swearing-in Ceremony -Administration. Mayor DonCarlos presented the agenda item. •Judge Julie Escalante,Baytown Municipal Court,administered the oath of office to Mr.Mercedes Renteria III for Council District No.1. •Ms.Leticia Garza,City Clerk for the City of Baytown,administered the oath of office to Mr.Scott Sheley for Council District No.2. •Judge Anthony (Tony)Polumbo,Justice of the Peace for Precinct 3,administered the oath of office to Mr.Brandon Capetillo for Council District No.3. b.Years of Service Awards -Human Resources. City Manager,Garry Brumback presented the agenda item and recognized the City of Baytown employees for their years of service (5,10,15 plus years). 5 YEARS: Melinda Foster,Fire Administrative Support Specialist,Sr. Ford Hamilton,Legal Asst City Attorney/Civil Service Adviser 10 YEARS: Antonio Gonzalez,Jr.,Purchasing Warehouse Assistant 20 YEARS: Celia Martinez,Library Circulation Services Specialist Kevin Page,Fire Mechanic 30 YEARS Roger Clifford,Police Captain c.Employeeand Team of the Month -Human Resources. City Manager,Garry Brumback presented the agenda item and recognized the May Employee of the Month to Benjamin Riley in the Communications Department and the May Team of the Month to Tim Rogers,Yvonne Gutierrez and Bernard Olive from the Fire Department. d.Citizen Communication:Debbie Griffin. Ms.Debbie Griffin requested to appear before City Council regarding Baytown Animal Services and the City Manager Contract. Page 3 of 23 Minutes of the May 27,2010 City Council Regular Meeting 3.PUBLIC HEARINGS a.Hold Public Hearing for Amendments to Chapter 126,Administrative Approval of Minor Replats -Planning and Development Services. At 7:01 P.M.Mayor DonCarlos opened the public hearing regarding an ordinance amending the Baytown Subdivision Regulations to allow staff to administratively approve minor replats. City Manager,Garry Brumback stated thatin 2007,the enabling legislation for subdivision regulations was amended by the State of Texas to allow municipalities the ability for staff to approve minor replats administratively.Currently the Baytown SubdivisionRegulations allow staff to approve minor plats administratively,butnot replats.A minor plat is a plat that involves four or fewer lots and does not create the need for public improvements like roads,water,sewer or drainage.A minor replat is a replat involving four or fewer existing lots which does notinvolvepublic improvements.The administrative approval of minor plats,and now minor replats,is a time saver for applicants/owners in that they are not required to wait for the monthly Planning and Zoning Commission meeting for consideration of their plat.At its meeting on April 21,2010,the Planning and Zoning Commission recommended approval of this amendment to the Baytown Subdivision Regulations.Noticeof this public hearing was published in the Baytown Sun on Tuesday,May 18,2010. With there being no one registered to speak,Mayor DonCarlos closed the public hearing at 7:03 P.M. 4.PROPOSED ORDINANCES a.Administrative Approval of Minor Replats -Planning and Development Services. City Manager,Garry Brumback presented the agenda item and stated that Ordinance No. 11,363 approves amendments to the Baytown Subdivision Regulations to allow the staff to administratively approve minor replats. A motion was made by Council Member Sheley,seconded by Council Member McCartney approving Ordinance No.11,363.The vote was as follows: Ayes:Council Members:Caskey,Capetillo,McCartney,Renteria,Sain, Sheley,and Mayor DonCarlos Nays:None The motion carried. Page 4 of 23 Minutes of the May 27,2010 City CouncilRegular Meeting ORDINANCE NO.11,363 AN ORDINANCE OF THE CITY OF BAYTOWN,TEXAS, AMENDING CHAPTER 126 "SUBDIVISIONS,"ARTICLE II "ADMINISTRATION,"OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,TEXAS,TO ADD A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 3.6 "MINOR REPLATS"IN ORDER TO DELEGATE TO THE DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES THE AUTHORITY TO APPROVE MINOR REPLATS;PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE;CONTAINING A SAVINGS CLAUSE;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b.Earnest Money Agreement for 1106 Park Street -Administration. City Manager,Garry Brumback presented the agenda item and stated that Ordinance No. 11,364 authorizes an earnest money agreement for property located at 1106 Park Street. The property is approximately 8.7 acres and was formally the site of the Goose Creek Nursing Home,which was a 90 bed,22,765 SF building.The property will be sold with all of the furniture,fixture and equipment.Under Ordinance No.11,364,the offerprice is $300,000 with no other tax/financial obligations owed,approximately $0.75 per sq.ft. for the land only. This property is contiguous to the Parks and Recreation maintenance facility on Park Street.This facility is in need of more space and employees must park along the side of the roadway.The property will initially be used for expansion of the Parks Maintenance facility and for to consolidate off-site record storage which is maintained in leased storage facilities.Future uses could include a City Employee Wellness Center or relocation of the Health Department offices from Defee to accommodate the request for more room by the Museum.This purchase will be funded through the Capital Improvement Program Fund.Proceeds from the sale of furniture and fixtures will be used to offset the expense of fencing and properlysecuring theproperty. A motion was made by Council Member Sain,seconded by Council Member Caskey approving Ordinance No.11,364.The vote was as follows: Ayes:Council Members:Caskey,Capetillo,McCartney,Renteria,Sain, Sheley,and Mayor DonCarlos Nays:None The motion carried. Page 5 of 23 Minutes of the May 27,2010 City Council Regular Meeting ORDINANCE NO.11,364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING AN EARNEST MONEY CONTRACT WITH RODNEY TOW,TRUSTEE,FOR PROPERTY LOCATED AT 1106 PARK STREET FOR MUNICIPAL PURPOSES; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00);AND PROVIDING FORTHE EFFECTIVE DATE THEREOF. c.Professional Services Contract for 2007 Street Bond Program -Year 3 (2010) -Engineering. City Manager,Garry Brumback presented the agenda item and stated that Ordinance No. 11,365 authorizes a professional design contract for the 2007 Street Bond Program -Year 3 (2010)to Bury +Partners,Inc.,in an amount not to exceed $648,300.00.Scope of work includes preliminary design,final design,and construction phase services for the following streets: •Gresham Ave.-Rice to Harvard •Louisiana St.-New Jersey to Michigan •W.James Ave.-N.Commerce to N.Main •N.Jones St.-W.Sterling to W.Lobit •Timber LN.-Jasmine to Meador •Felton St.-Lindenwood to Brentwood •Rosewood Dr.-Memorial to Oakmont •Inwood Dr.-N.Pruett to 606 Inwood East James from N.Main to N.Sixth was on the original list for Year (3)but that street was reconstructed earlier using Base Restore and Overlay after a sewer replacement project accelerated the need.These segments of Felton,Rosewood and Inwood were substituted inthis project phase.This revision was endorsed by the CBAC on May 18th. A motion was made by Council Member Sheley,seconded by Council Member Capetillo approving Ordinance No.11,365.The vote was as follows: Ayes:Council Members:Caskey,Capetillo,McCartney,Renteria,Sain, Sheley,and Mayor DonCarlos Nays:None The motion carried. Page 6 of 23 Minutes of the May 27,2010 City Council Regular Meeting ORDINANCE NO.11,365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERKTO ATTEST TO THE PROFESSIONAL SERVICES AGREEMENT WITH BURY + PARTNERS,INC.,FOR ENGINEERING SERVICES FORTHE 2007 STREET BOND PROGRAM -YEAR 3;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TOEXCEED SIX HUNDRED FORTY-EIGHT THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($648,300.00);MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d.Professional Services Contract for Cedar Bayou Road Lift Station PER - Engineering. City Manager,Garry Brumback presented the agenda item and stated that Ordinance No. 11,366 authorizes a professional services agreement with Jones &Carter,Inc.,for the preliminary engineering report for the Cedar Bayou Road Lift Station and Force Main Project in an amount not to exceed $42,000.00. On March 22,2010,the A&E Committee selected Jones &Carter,Inc.,to provide design services for the existing lift station and force main located at 2515 Cedar Bayou Road. This Lift Station is experiencing overflows which must be corrected.The preliminary investigation will determine corrective actions to eliminate the overflow conditions and optimize the station to accommodate anticipated growth. A motion was made by Council Member Caskey,seconded by Council Member Capetillo approving Ordinance No.11,366.The vote was as follows: Ayes:Council Members:Caskey,Capetillo,McCartney,Renteria,Sain, Sheley,and Mayor DonCarlos Nays:None The motion carried. ORDINANCE 11,366 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE PROFESSIONAL SERVICES AGREEMENT WITH JONES & CARTER,INC.,FOR ENGINEERING SERVICES FOR THE PRELIMINARY ENGINEERING REPORT FOR THE CEDAR BAYOU ROAD LIFT STATION AND FORCE MAIN PROJECT; Page 7 of23 Minutes of the May 27,2010 City CouncilRegular Meeting AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY-TWO THOUSAND AND NO/100 DOLLARS ($42,000.00);MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FORTHE EFFECTIVE DATE THEREOF. e.Authorize E-Waste Program -Public Works. City Manager,Garry Brumback presented the agenda item and stated that Ordinance No. 11,367 authorizes the collection,transportation and disposal of electronic waste with CompuCycle through the Houston Galveston Area Council (H-GAC).The annual cost for E-Waste will be approximately $15,000. The E-Waste program expands collection services at the Green Center by encouraging Baytown residents to become environmentally responsible when disposing of old electronic equipment.City crews is constructing the facilities necessary to process these recycled items and this free service is available to all Baytown residents beginning June 7th,subject to Council's approval of this contract. Electronic waste includes approved items as follows: •Computer Equipment, •Televisions, •VCR/DVD Players,and •Cell Phones. A public education campaign is planned using flyers at City buildings and in utility bills, our web page and Channel 16,as well as information on city message boards.The notification of this new service will be coupled with the expansion of curbside recycling to include glass bottles. A motion was made by Council Member McCartney,seconded by Council Member Sheley approving Ordinance No.11,367 subject to the receipt of Certificate of Indebtness.The vote was asfollows: Ayes:Council Members:Caskey,Capetillo,McCartney,Renteria,Sain, Sheley,and Mayor DonCarlos Nays:None The motion carried. Page 8 of 23 Minutes of the May 27,2010 City Council Regular Meeting ORDINANCE NO.11,367 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING THE PAYMENT OF FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00)TO COMPUCYCLE THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE COLLECTION,TRANSPORTATION AND DISPOSAL OF ELECTRONIC WASTE;MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f.Wayne Gray Sports Complex Family Aquatics Center Change Order No.4 - Engineering. City Manager,Garry Brumback presented the agenda item and stated that Ordinance No. 11,368 authorizes Change Order No.4 to the Wayne Gray Sports Complex Family Aquatics Center Project with Hassell Construction Company,Inc.,in the amount of $38,660.00. Change Order #4 will "furnish and install Variable Frequency Drives for two (2) 50HP Pumps.These "soft start"drives will extend the life of the pumps and piping by starting slowly and raising the pressure as needed.They will also reduce electricity costs by only running at the speed necessary for system demand.This Change Order #4 in the amount of $38,660.00 will increase the contract total to $10,514,158.44. A motion was made by Council Member Sheley,seconded by Council Member Sain approving Ordinance No.11,368.The vote was asfollows: Ayes:Council Members:Caskey,Capetillo,McCartney,Renteria,Sain, Sheley,and Mayor DonCarlos Nays:None The motion carried. ORDINANCE NO.11,368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING CHANGE ORDER NO.4 WITH HASSELL CONSTRUCTION COMPANY,INC.,FOR THE WAYNE GRAY SPORTS COMPLEX FAMILY AQUATICS CENTER PROJECT;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,THE SUM OF THIRTY-EIGHT THOUSAND SIX HUNDRED SIXTY AND NO/100 DOLLARS ($38,660.00);AND PROVIDING FORTHE EFFECTIVE DATE THEREOF. Page 9 of 23Minutes of the May 27,2010 City Council Regular Meeting 5.PROPOSED RESOLUTIONS a.Accept a Donation for the Fire Fighter Memorial -Administration. City Manager,Garry Brumback presented the agenda item and stated that Resolution No. 2061 accepts the donation of $100,000 from the Baytown Life Safety Foundation for the construction of the Baytown Fire Fighter Memorial. The Baytown Life Safety Foundation is a 501 (c)3,non-profit organization formed in 1993 to promote fire and life safety in Baytown.Over thepast 17 years,the Foundation has funded such innovative life safety programs as the Fire Safety House,the Fire Safety Robot,the award-winning BEAT Alley Clown Program,and the purchase of the first defibrillators carried on Baytown fire apparatus.The Foundation accepted the call to lead a community fundraising program to provide a portion of the funding for the Baytown Fire Fighter Memorial Plaza in Bicentennial Park.This $100,000 was raised through direct donations and various fundraising activities including: •Fire Fighter Calendars:Fire Fighter Chris Crain-Coordinator •T-shirts and hoodies:Battalion Chief Richard Lopez-Coordinator •Golf Tournament:Equipment Operator Tony Spiller -Coordinator •Skeet Tournament:Lieutenant Marshall Mutton -Coordinator •Sale of brick pavers:Yvonne Gutierrez -Coordinator The officers of the Foundation are Bob Leiper,President,and John Adkins,Vice President. A motion was made by Council Member McCartney,seconded by Council Member Caskey approving Resolution No.2061.The vote was as follows: Ayes:Council Members:Caskey,Capetillo,McCartney,Renteria,Sain, Sheley,and Mayor DonCarlos Nays:None The motion carried. RESOLUTION NO.2061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,ACCEPTING A DONATION IN THE AMOUNT OF ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00)FROM THE BAYTOWN LIFE SAFETY FOUNDATION FOR THE CONSTRUCTION OF THE BAYTOWN FIRE FIGHTER MEMORIAL;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 23 Minutes of the May 27,2010 City Council Regular Meeting b.Amend the Downtown Facade Program Guidelines -Planning and Development Services. City Manager,Garry Brumback presented the agenda item and stated that Resolution No. 2062 repeals Section 2of Resolution No.1958,which adopted the City of Baytown Downtown Facade Improvement Program Guidelines,and adopting amended guidelines to allow lessees of eligible properties to participate in the program. The City of Baytown Downtown Facade Improvement Program Guidelines (the "Program")adopted on December 11,2008,requires applications for grants to be submitted by the property owner.There may be circumstances where a lessee desires to make facade improvements to a building that it holds under long-term lease. Ordinance No.2062 amends the Program by expanding those eligible to participate to include a lessee ofan eligible property,who provides proof of such status along with proof that all owners of the property have approved the facade plans and the lessee's application for participation in the Program.With this amendment,both the lessee and the owners of the property must comply with the Program requirements and responsibilities and both will be required to execute applicable Program documents. Mr.Sheley recommended getting the draft of the guidelines for the facade projects approved as soon as possible. A motion was made by Council Member McCartney,secondedby Council Member Sheley approving Resolution No.2062.The vote was as follows: Ayes:Council Members:Caskey,Capetillo,McCartney,Renteria,Sain, Sheley,and Mayor DonCarlos Nays:None The motion carried. RESOLUTION NO.2062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,REPEALING SECTION 2 OF RESOLUTION NO.1958,ADOPTED ON THE 11TH DAY OF DECEMBER,2008, WHICH ADOPTED THE CITY OF BAYTOWN DOWNTOWN FACADE IMPROVEMENT PROGRAM GUIDELINES;ADOPTING AMENDED CITY OF BAYTOWN DOWNTOWN FACADE IMPROVEMENT PROGRAM GUIDELINES;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 11 of 23 Minutes of the May 27,2010 City Council Regular Meeting 6.CONSENT A motion was made by Council Member Sheley,seconded by Council Member McCartney approving Consent Items:6.a.,6.b.,6.c,6.d.,6.e.,6.f.,6.g.,6.h.,6.i.,6.j., 6.k.,6.1.,6.m.,and 6.n.The vote was as follows: Ayes:Council Members:Caskey,Capetillo,McCartney,Renteria,Sain, Sheley,and Mayor DonCarlos Nays:None The motion carried. a.Ordinance No.11,369:Annual Mosquito Control Chemicals Contract - Purchasing. Ordinance No.11,369 awards the first renewal of the Annual Mosquito Control Chemicals Contract in the amount of $100,000 asfollows: •ADAPCO,Inc.,awarded Item 10 &13; •B &G Chemicals &Equipment Company,Inc.,awarded Items 3,4,&12; •Clarke Mosquito Control Products,Inc.,awarded Items 2,6a,6b,11,&14; •Public Health Equipment &Supply Company,Inc.,awarded Item 5;and •UNIVAR USA,Inc.,awarded Items 1,7,8 &9. PHESCO and ADAPCO submitted written requests to renew their contracts for another yearwith the same unit pricing. UNIVAR submitted a written request to renew for another year with slight manufacturer increases for items #8 and #9,mosquito larvicide growth regulators. Clarke submitted a written request to renew with a manufacturer increase for item #11, mosquito larvicide liquid. B &G submitted a written request to renew their contract with one item experiencing a manufacturer price increase,Item #3,BVA carrying oil.This increase is directly tied to the price of petroleum/oil. All increases have been reviewed by staff as reasonable and necessary.All companies continue to provide excellent service in a very competitive market. Page 12 of 23 Minutes of the May 27,2010 City Council Regular Meeting ORDINANCE NO.11,369 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,RENEWING THE ANNUAL MOSQUITO CONTROL CONTRACT WITH ADAPCO,INC.,FOR ITEM NOS.10 AND 13,WITH B &G CHEMICALS AND EQUIPMENT COMPANY, INC.,FOR ITEM NOS.3,4 AND 12,WITH PUBLIC HEALTH EQUIPMENT &SUPPLY COMPANY,INC.,FOR ITEM NO.5,WITH UNIVAR USA,INC.,FOR ITEM NOS.1,7,8,AND 9,AND WITH CLARKE MOSQUITO CONTROL PRODUCTS,INC.,FOR ITEM NOS.2,6A,6B,11 AND 14;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b.Ordinance No.11,370:Weekly Residential Curbside Recycling Contract Expenditures -Purchasing. Ordinance No.11,370 authorizes expenditures for the third year of the Weekly Residential Curbside Recycling Contract in an amount not to exceed $500,000 with Waste Management of Texas.The contract is a three-year contract with a yearly automatic Consumer Price Index (CPI)adjustment clause to be effective June 1st of each year,and a quarterly fuel surcharge adjustment.Waste Management has agreed to the new residential unit count of 18,838.The monthly cost is $41,443.60.This service is funded through a curbside recycling fee on residential utility bills. ORDINANCE NO.11,370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING FUNDING IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00)FOR THE THIRD YEAR OF THE WEEKLY RESIDENTIAL CURBSIDE RECYCLING CONTRACT WITH WASTE MANAGEMENT OF TEXAS,INC.;MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c.Ordinance No.11,371:Annual Installation and Repair of Traffic Signal Equipment Contract -Public Works. Ordinance No.11,371 awards the third renewal of the Annual Installation and Repair of Traffic Signal Equipment Contract to Southwest Signal Supply,Inc.,in the amount of $133,600.