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1995 06 08 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 8, 1995 The City Council of the City of Baytown, Texas, met in regular session on June 8, 1995, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Eva Benavides Council Member David Byford Council Member Stephen DonCarlos Council Member Manuel Escontrias Council Member E. Frank Hinds, Jr. Council Member Rolland J. Pruett Council Member Pete C. Alfaro Mayor Bobby Rountree City Manager Ignacio Ramirez City Attorney Eileen P. Hall City Clerk The meeting was opened with a quorum present, and Council Member Hinds offered the invocation, after which the following business was conducted: Consider Minutes for the Regular Meeting Held on May 23, 1995 Council Member Escontrias moved for approval of the minutes for the regular meeting held on May 23, 1995. Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos, and Pruett Mayor Alfaro Nays: None 950608 - 3 Minutes for Regular Session - June 8, 1995 C. Bari F. Gessner, 1016 Aspen, spoke on behalf of Jimmie Miller, homeowner at 1801 Britton, concerning current location of Loop 201 /Britton Street access. Bari F. Gessner, 1016 Aspen, spoke on behalf of Jimmie Miller, homeowner at 1801 Britton, concerning the current location of Loop 201, Britton Street access, which is directly in front of Ms. Miller's driveway. Ms. Gessner, on behalf of Ms. Miller, felt that the entryway from 201 to Britton should be closed at the present location and moved to the Kentucky Street exit. She, too, pointed to the numerous vehicles exiting on to Britton from 201 at a high rate of speed, as well as the fact that the emergency services had indicated each would use Kentucky Street to access Britton rather than 201. Ms. Gessner ended her presentation by stating that Ms. Miller was opposed to moving the entryway further north, since at the present time, the danger is known and moving it further north would not resolve the problem. d. Edward Lopez, 2109 Britton, spoke in opposition to closing Britton Street, because he felt the access was needed for the neighborhood as well as for fire, police, and EMS. e. Tim Quinton, 2005 Britton, requested Council seriously consider moving the entryway to one of the two other possible entrances. f. Edna Lorenz, 2103 Britton, stated she has lived on Britton for fourteen years and did not wish to have the entryway from 201 to Britton closed. She felt the access is needed. The City Manager explained that Growth Management and Development Commission would be reviewing this matter again on June 21, and the administration would work with the State on another entry. Council Member Benavides stated that she had taken a survey a couple of weeks ago from eleven residents. Seven wanted the access left open but relocated; four preferred to close the access but felt relocation would be okay. She suggested the possibility of one -way entrance and one -way exit. Joe Scott, 2111 Britton, stated that he had resided on Britton for seventeen years and wanted the entryway to remain open but would have no objection to relocating the entry further north. 950608 - 4 Minutes for Regular Session - June 8, 1995 Mark D. Boudreaux and Jeff Dykes, Public Affairs Coordinator /Attorney, Exxon Pipeline Company, called to cancel their appearance. Consider Proposed Ordinance No. 950608 -1, Authorizing Change Order No. 2 and Final Payment for the IH -10 Water Line Project to EBR, Inc. The final contract amount is $188,294.45. There are two change orders. Change Order No. 1 was to install ten -inch isolation valve and four fire hydrant risers. Change Order No. 2 included additional 369 feet of twelve -inch waterline with associated augering and trench safety systems to accommodate future waterline extensions. Pilot's portion of the contract is $27,221.14. The administration recommended approval of the ordinance. Council Member Pruett moved for adoption of the ordinance. Council Member Byford seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos, and Pruett Mayor Alfaro Nays: None ORDINANCE NO. 7324 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH EBR, INC., FOR THE IH -10 WATER LINE EXTENSION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FOURTEEN THOUSAND SEVEN HUNDRED SIXTY -SEVEN AND 101100 DOLLARS ($14,767.10); AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -FIVE THOUSAND SIX HUNDRED FIFTY -SEVEN AND 741100 DOLLARS ($25,657.74) TO EBR, INC., FOR THE IH -10 WATER LINE EXTENSION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 950608 - 5 Minutes for Regular Session - June 8, 1995 Consider Proposed Ordinance No. 950608 -1a, Declaring An Emergency Situation Exists and Authorizing Payment to PM Construction for the Country Club Drive Sewer Collection Line Repair The eight -inch sewer collection line on Country Club Drive between Country Club View and Saint Andrews Drive collapsed on June 1, 1995. The concrete sewer line was found to be seriously deteriorated along all of Country Club Drive from Country Club View to Baker Road. The Public Works Department began replacing this line on June 6. Due to the depth of the line which is approximately 7 -1/2 feet deep at the area near Country Club View (the shallow end of the line) a shoring box must be used to prevent a cave -in. The ground in this area is very unstable. This presented problems during excavation and made the placing and moving of the shoring box very difficult. Due to the difficulties of excavation and manhole overflows, a serious safety and public health problem exists. Therefore, the administration requested that the remaining 500 feet of sewer line to Baker Road be replaced by the pipe bursting method. This is a trenchless replacement method which only requires a small entry and exit excavation for the new pipe. The cost of this project is estimated at $20,000 and should be completed in two days. The administration recommended that PM Construction replace the remaining 500 feet of pipe due to their availability and their acceptable work on a previous pipe bursting project on Caldwell. Council Member Hinds moved for adoption of the ordinance. Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos, and Pruett Mayor Alfaro Nays: None ORDINANCE NO. 7325 AN ORDINANCE DECLARING THAT AN EMERGENCY SITUATION EXISTS, AUTHORIZING THE PAYMENT UP TO THE SUM OF TWENTY THOUSAND AND NO /100 DOLLARS ($20,000.00) TO PM CONSTRUCTION FOR THE COUNTRY CLUB DRIVE SEWER COLLECTION LINE REPAIR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 950608 - 6 Minutes for Regular Session - June 8, 1995 Consider Proposed Resolution No. 1249, Authorizing the City Manager to Submit an Application to the Federal Transit Administration to Secure Section 9 Program Grant Funds to Enhance the City's Existing Transportation Services Section 9 Program Grant funds provide federal funds for planning, operating, and capital cost associated with the operation of public transit systems. Section 9 Program funds would provide 80% of the net project cost and would require the City to provide the remaining 20 %. The matching funds will come from Community Development Block Grant funds that are presently being used for transportation of the elderly and low income. If the grant application is successful, the existing transportation program for the elderly and low income will be enhanced. The Baytown Transportation Authority is recommending that the City apply for these funds. Council Member Byford moved for adoption of the resolution. Council Member Benavides seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos, and Pruett Mayor Alfaro Nays: None RESOLUTION NO. 1249 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION FOR SECTION 9 PROGRAM GRANT FUNDS TO ENHANCE THE CITY'S EXISTING TRANSPORTATION SERVICES; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 1250, Supporting Retaining Johnson Space Center Activities in the Clear Lake Area The Houston - Galveston Area Council has requested Baytown adopt a resolution supporting the retention of engineering, space shuttle management, and arbiter operations at the Johnson Space Center. These jobs bring important benefits to the entire thirteen - county area represented by Houston - Galveston Area Council. Even though NASA has dropped its proposal to relocate jobs to other 950608 - 7 Minutes for Regular Session - June 8, 1995 NASA sites, the center still faces the threat of job losses through budget cuts. Continued efforts are necessary to be certain our area is not disproportionately affected by future reductions. The administration recommended approval of the resolution. Council Member Pruett moved for adoption of the resolution. Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos, and Pruett Mayor Alfaro Nays: None RESOLUTION NO. 1250 A RESOLUTION FOR THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING RETAINING JOHNSON SPACE CENTER ACTIVITIES IN THE CLEAR LAKE AREA; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consent Agenda Council considered consent agenda items "b" through "e" as follows: b. Proposed Ordinance No. 950608 -3, authorizes an interlocal agreement with Lee College District for use of certain college -owned properties during the Fourth of July Celebration. This formal agreement has been executed for the past four years. The Lee College board will consider this item at their regular board meeting on June 15. The Parks and Recreation Advisory Board recommends approval. We recommend approval. 950608 - 8 Minutes for Regular Session - June 8, 1995 C. Proposed Ordinance No. 950608 -4, awards the annual fittings, valves and sleeves contract to Industrial International in the amount of $32,751.88. Invitations to bid were mailed to seven suppliers and we received five bids. This annual contract is used by Public Works Department for water distribution and water rehabilitation projects. The increase in cost over last year's cost is 7 %. We recommend approval. d. Proposed Ordinance No. 950608 -5, awards the annual liquid chlorine contract to DXI Industries, Inc. in the amount of $39,445. Invitations to bid were mailed to four suppliers and we received two bids and one no bid. This contract is used for chlorination in the wastewater treatment plants. This year's contract is a 2% increase over last year's bid. We recommend approval. e. Proposed Ordinance No. 950608 -6, authorizes renewal of lease for Harris County Organized Crime /Narcotics Task Force vehicles in the amount of $202,344. This contract allowed an option to renew for five additional one year periods, each additional year renewable upon the City's approval. This is the second year to renew. This contract is used by Harris County Organized Crime /Narcotics Task Force, HIDTA, and DEA for vehicles for the officers working in these agencies. There are no City funds included. We recommend approval. Council Member Escontrias moved for adoption of the consent agenda items "b" through "e." Council Member Benavides seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos, and Pruett Mayor Alfaro Nays: None For bid tabulation, see Attachments "A" through "B." 950608 - 9 Minutes for Regular Session - June 8, 1996 ORDINANCE NO. 7326 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH LEE COLLEGE FOR THE USE OF CERTAIN COLLEGE PROPERTY DURING THE CITY OF BAYTOWN'S JULY 4TH CELEBRATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 7327 AN ORDINANCE ACCEPTING THE BID OF INDUSTRIAL INTERNATIONAL FOR THE ANNUAL FITTINGS, VALVES, AND SLEEVES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -TWO THOUSAND SEVEN HUNDRED FIFTY -ONE AND 88/100 DOLLARS ($32,751.88); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 7328 AN ORDINANCE ACCEPTING THE BID OF DXI INDUSTRIES, INC., FOR THE ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -NINE THOUSAND FOUR HUNDRED FORTY -FIVE AND NO /100 DOLLARS ($39,445.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 7329 AN ORDINANCE RENEWING THE CONTRACT FOR THE LEASING OF VEHICLES WITH CAPPS VAN & CAR RENTAL AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED TWO THOUSAND THREE HUNDRED FORTY - FOUR AND NO /100 DOLLARS ($202,344.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 950608 - 10 Minutes for Regular Session - June 8, 1996 Proposed Ordinance No. 950608 -2, Amends Chapter 7 "Buildings," Article I "In General" Section 7 -10 "Board of Adjustments and Appeals;" Chapter 16 -112 "Mechanical Code," Article I "In General," Section 16 -112 -2 "Mechanical Board — Merger with Board of Adjustments and Appeals;" and Chapter 17 -112 "Mobile Homes and Mobile Home Parks," Article I "In General," Section 17- 1l2 -2 "Definitions," Subsection (a) "Board" of the Code of Ordinances of the City of Baytown The City Manager explained that this change is necessitated by the potential creation of another Board of Adjustments and Appeals should Council elect to enact the Neighborhood Protection Ordinance. In the Neighborhood Protection Ordinance a five- member Board of Adjustments and Appeals is established to hear and decide appeals and requests for variances concerning zoning and land use issues. The administration recommended approval of the ordinance. Council Member Escontrias moved for adoption of the ordinance. Council Member Hinds seconded the motion. In response to an inquiry from Council, the City Manager explained that Council would have the flexibility of appointing members of the Growth Management and Development Commission to the Board of Adjustments and Appeals or all new members or a combination of new members and members of the Growth Management and Development Commission. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos, and Pruett Mayor Alfaro Nays: None ORDINANCE NO. 7330 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 7 "BUILDINGS," ARTICLE I IN GENERAL," SECTION 7 -10 "BOARD OF ADJUSTMENTS AND APPEALS;" CHAPTER 16% "MECHANICAL CODE," ARTICLE I " IN GENERAL," SECTION 16 % -2 "MECHANICAL BOARD -- MERGER WITH BOARD OF ADJUSTMENTS AND APPEALS;" AND CHAPTER 17% "MOBILE HOMES AND MOBILE HOME PARKS," ARTICLE I "IN GENERAL," SECTION 17 % -2 "DEFINITIONS," SUBSECTION (A) "BOARD;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND THE EFFECTIVE DATE THEREOF. 950608 - 11 Minutes for Regular Session - June 8, 1995 Consider Appointment to Growth Management and Development Advisory Commission Council will consider this appointment at a future meeting. Consider Appointment to Construction Board of Adjustment and Appeals Council will consider this appointment at a future meeting. Consider Appointment to Cultural Arts Council Council will consider this appointment at a future meeting. City Manager's Report Exxon Free Trade Zone Exxon has expressed its intent to take advantage of the Celler Act of 1934 making lawful the establishment of foreign trade zones within the United States. This law is designed to level the playing field for companies within the U.S. which participate. The federal law describes a foreign trade zone as an area in or joining a city port where products from abroad may be stored indefinitely, rehandled, processed, and then shipped to foreign countries without passing through customs. If designated a foreign trade zone, the business can apply to exempt from local taxes that portion of its inventory derived from foreign products. For Exxon that means foreign crude oil. The administration has met with officials of Exxon, and Exxon will need a letter of support from the City of Baytown, Lee College, and the school district. Presently, Exxon is working with Harris County Appraisal District (H -CAD) to determine if H -CAD is able to develop a dual appraisal for Exxon giving valuations without the trade zone designation and with the trade zone designation to provide the data for payments to the three local entities based on no trade zone designation. If the dual appraisal is not feasible, Exxon has agreed to execute an hold -even agreement to assure Lee College, the City of Baytown, and Goose Creek Consolidated Independent School District of no negative impact by implementation of a foreign trade zone. In any case, Exxon will need a letter of recommendation from the three entities which will be requested within thirty (30) days 950608 - 12 Minutes for Regular Session - June 8, 1995 Doug Lunceford Funeral services for former Public Works Director, Doug Lunceford, will be held Friday, June 9, at 10:00 a.m. at Howard - Glendale Funeral Home, 1015 Federal Road at I11-10. Adjourn As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk min utesk06- 08 -95. rg r