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
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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.
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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.
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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.
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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.
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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.
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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