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1997 11 25 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 25,1997 The City Council of the City of Baytown, Texas, met in special session on November 25, 1997, at 5:15 p.m., in the Baytown City Hall, 2123 Market Street, with the following in attendance: Victor Almendarez Council Member David Byford Council Member Manuel Escontrias Council Member E. Frank Hinds, Jr. Council Member Stephen DonCarlos Council Member Scott Sheley 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 after which Mayor Alfaro recessed into executive session pursuant to Section 551.071 of the Texas Government Code to discuss land acquisition. When the open meeting reconvened, Mayor Alfaro announced that no action was necessary as a result of the executive session. Adjourn As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 25,1997 The City Council of the City of Baytown, Texas, met in regular session on November 25, 1997, at 6:30 p.m., in the John Tucker Hall, Lee College, with the following in attendance: Victor Almendarez Council Member David Byford Council Member Manuel Escontrias Council Member E. Frank Hinds, Jr. Council Member Stephen DonCarlos Council Member Scott Sheley 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 Sheley led the Pledge of Allegiance and offered the invocation, after which the following business was conducted: Consider Approval of Minutes for Regular and Special Meetings held on November 13, 1997 Council Member Escontrias moved to approve the minutes. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Byford, Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None 971125 -2 Minutes of the Regular Meeting — November 25, 1997 Consider Proposed Ordinance No. 971125 -1 Second and Final Reading on the Proposed Annexation of a 13 -Acre Tract North of Baker Road at Emmett O. Hutto Boulevard Consider Proposed Ordinance No. 971125 -2 Placing Annexation of a 13 -Acre Tract North of Baker Road at Emmett O. Hutto Boulevard in Proper Council District In accordance with state law and the Charter of the City of Baytown, the first reading on annexation was held not more than forty nor less than twenty days after the public hearings. Public hearings on the proposed annexation of this tract were held on September 11, 1997. Proposed Ordinance No. 971125 -1 was published on the first reading and at least thirty days have elapsed since publication. Upon annexation of the new territory, Proposed Ordinance No. 971125 -2 places the site in Council District No. 3. Council Member Almendarez moved to adopt the ordinances. Council Member Byford seconded the motion. The vote follows: Ayes: Council Members Byford, Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8100 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A THIRTEEN (13) ACRE TRACT NORTH OF BAKER ROAD AT EMMETT O. HUTTO BOULEVARD CONTIGUOUS TO EXISTING CITY LIMITS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ORDINANCE NO. 8139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ADDING A THIRTEEN (13) ACRE TRACT NORTH OF BAKER ROAD AT EMMETT O. HUTTO BOULEVARD TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 971125 -3 Minutes of the Regular Meeting — November 25, 1997 Consider Proposed Ordinance No. 971125 -3 Second Reading on Proposed Franchise with TCI Cablevision of Texas, Inc. This is the second reading on the ordinance granting a franchise to TCI Cablevision of Texas, Inc. The City's Charter requires that the franchise be read at three separate regular meetings of the Council. The franchise will not be effective until sixty days after it final passage during which time the text of the full ordinance is published once each week for four consecutive weeks. The proposed franchise requires an upgrade to the existing cable system; internet access to the City, to Lee College, and to GCCISD if such service is offered in the service area; an institutional network be provided at a discounted rate; public educational and governmental channels; specific customer service standards; and a franchise fee of three percent of gross revenues. Council Member Escontrias moved to approve the ordinance. Council Member DonCarlos seconded the motion. Council Member Sheley said that although he previously voted in favor of the three - percent increase, after further study, he now favored the five- percent increase because he thought the increased revenue would help all Baytonians. The vote follows: Ayes: Council Members Escontrias, Byford, and DonCarlos Nays: Council Members Almendarez, Hinds, and Sheley Mayor Alfaro Council Member Almendarez stressed that he had a problem with the ten -year term and would like to see that changed. Consider Proposed Ordinance No. 971125 -4 Second Reading on Proposed Franchise with Star Cable Associates. This is the second reading on the ordinance granting a franchise to Star Cable. The City's Charter requires that the franchise be read at three separate regular meetings of the Council. The franchise will not be effective until sixty days after it final passage during which time the text of the full ordinance is published once each week for four consecutive weeks. The proposed franchise requires an upgrade to the existing cable system; internet access to the City, to Lee College, and to GCCISD if such service is offered in the service area; an institutional network be provided at a discounted rate; public educational and governmental channels; specific customer service standards; and a franchise fee of three percent of gross revenues. 971125 -4 Minutes of the Regular Meeting — November 25, 1997 Council Member Escontrias moved to approve the ordinance. Council Member Byford seconded the motion. Council Member Sheley urged Council to reconsider the ordinance. The vote follows: Ayes: Council Members Escontrias, Byford, and DonCarlos Nays: Council Members Almendarez, Hinds, and Sheley Mayor Alfaro Consider Proposed Ordinance No. 971125 -5 Altering the Speed Limits along Highway 146 within the City Limits of Baytown The ordinance alters the speed limits established for vehicles under the provisions of state statutes upon the basis of an engineering and traffic investigation performed by TxDOT within the corporate limits of the City. The proposed speed limits include: Main lanes from Cedar Bayou to 528 feet south of Alexander Drive 55 mph East frontage road from Ferry Road to 1,558 feet north of Ferry Road 35 mph West frontage road from 1,108 feet north of Alexander Drive to Lynchburg Road (J B LeFevre) 50 mph West frontage road from 845 feet north of West Main Street to the south city limits 50 mph East frontage road from 1,108 feet north of Alexander Drive to Lynchburg Road (J B LeFevre) 45 mph East frontage road from 845 feet north of West Main Street to the south city limits 40 mph Council Member DonCarlos moved to remove the motion from the table. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Byford, Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None Council Member Hinds moved to approve the ordinance. Council Member DonCarlos seconded the motion. Council Member Almendarez stated that he would like the City to do its own traffic study as he felt the speed limits recommended by TxDOT were too high. The vote follows: 971125 -5 Minutes of the Regular Meeting — November 25, 1997 Ayes: Council Members Byford, Hinds, and DonCarlos Mayor Alfaro Nays: Council Members Almendarez, Escontrias, and Sheley ORDINANCE NO. 8140 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON PORTIONS OF STATE HIGHWAY 146 WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE PLACEMENT OF SIGNS BY THE TEXAS DEPARTMENT OF TRANSPORTATION PROJECT DIRECTOR; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consent Agenda Council considered the consent agenda items "a" through "g" as follows: a. Proposed Resolution No. 1336 authorizes the City Manager to accept a grant award from the U.S. Department of Justice designating an authorized representative; authorizing the creation of an Advisory Board; providing for a public hearing. This grant for the Police Department can be utilized for personnel and equipment but may not be utilized for items already included in the current budget. The City will receive $94,525 and must match this with $10,503. Before obligating the funds, an Advisory Board must be established and a public hearing held. Funds must be expended within 24 months, on or before September 30, 1999. The advisory board includes a representative from the local police department or local sheriff's department, the local prosecutor's office, the local court system, the local public school system, and a local non - profit educational, religious, or community group active in crime prevention or drug use prevention or treatment and any other representatives deemed appropriate by council. The board will hold a public hearing prior to making a recommendation for expenditure of the funds. This grant is identical to the grant awarded in 1996 to the City. We recommend approval. 971125 -6 Minutes of the Regular Meeting — November 25, 1997 b. Proposed Ordinance No. 971125 -6 amends Chapter 31 "Utilities" Article IV "Water Service," Section 31 -54 "Water deposits and refunds," Subsection (e) "Form of deposits" of the Code of Ordinances to authorize certain bonds as acceptable forms of deposits for water service. This proposed ordinance allows commercial consumers as well as the owners of apartment houses, mobile home parks, or other multifamily dwelling projects to deposit appropriate bonds to attain water service. Bonds are easier to secure for apartment complexes and provide the City the same amount of security as a letter of credit or security investment. Recently, we have had several requests to submit such collateral. Specifically, such bonds must be issued by a surety licensed to do business in the State of Texas, be in a form approved by the City Attorney, and have a term of not less than one year. We recommend approval. C. Consider Proposed Ordinance No. 971125 -7 authorizes the purchase of property from John P. Bender for the Baytown Nature Center for $250,000. Mr. Bender proposes to sell to the City all of his remaining property interests in the Baytown Nature Center. The property consists of his undivided one -half interest in approximately 27.9345 acres being a portion of Tract 1, Block 9, Town of Wooster, together with his interest in thirty -three tracts. This proposal is consistent with the recently drafted Baytown Nature Center Master Plan and was approved by the Parks and Recreation Advisory Board on November 11, 1997. We recommend approval. d. Proposed Ordinance No. 971125 -8 authorizes memorandum of extension of the contract for the collection of City of Baytown warrants with Texas Municipal Services, Inc. (TMS). This is the second renewal of the agreement with TMS. The first year of the agreement (February 1995 to September 1996), TMS collected 274 warrants for a total of $37,963.50; however, at that time TMS was attempting to collect warrants primarily two years old or older. For fiscal year 1996/97, 702 warrants were collected for a total of $115,118.70. The City paid the company $22,976.84. The company is willing to continue the collection process for 20% of the proceeds collected We recommend approval. e. Proposed Ordinance No. 971125 -9 approves final payment and acceptance of Airhart Sidewalk and Kentucky Drainage Project. approves Change 971125 -7 Minutes of the Regular Meeting — November 25, 1997 Order No. 3 in the amount of $3,839.95 to adjust the final unit bid quantities and authorizes final payment in the amount of $22,316.49 to J.T.B. Services, Inc. The final construction cost was two percent above the original contract amount. Overrun items included grate inlets, asphalt quantities, and concrete sidewalk quantities. The original contract amount was $133,986.62. The final contract amount is $136,548.34. This project was funded by a Community Development Block Grant. We recommend approval. f. Proposed Ordinance No. 971125 -10 awards bid for playground equipment to Miracle Recreation Equipment for $27,625. Invitations to bid were mailed to four suppliers and we received three bids and one no -bid. The playground equipment is for Goose Creek Phase II (Britton Park.) which is funded by a grant from the Texas Parks and Wildlife Department and Goose Creek Stream Development bonds. Texas Parks and Wildlife Department will pay $13,812.50 and Goose Creek Stream Development will pay $13,812.50. We recommend approval. g. Proposed Ordinance No. 971125 -11 authorizes the purchase of office furniture for the City Hall, Municipal Court, and the Municipal Service Center from the General Services Commission for $117,225.77. In order to provide for efficient optimization of space at City Hall, Municipal Court, and the Municipal Service Center, the staff has worked with the General Services Commission to utilize modular furniture at these city facilities. The modular furniture selected for Municipal Court will help alleviate the crowded conditions there and can be used at a new facility. We recommend approval. Council Member Escontrias moved to accept the consent agenda items "a" through "g." Council Member Byford seconded the motion. The vote follows: Ayes: Council Members Byford, Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None For bid tabulation, see Attachments "A" and "B." 971125 -8 Minutes of the Regular Meeting — November 25, 1997 RESOLUTION NO. 1136 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO ACCEPT A GRANT AWARD IN THE AMOUNT OF NINETY -FOUR THOUSAND FIVE HUNDRED TWENTY -FIVE AND NO /100 DOLLARS ($94,525.00) FROM THE UNITED STATES DEPARTMENT OF JUSTICE; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING CREATION OF AN ADVISORY BOARD; PROVIDING FOR A PUBLIC HEARING; AUTHORIZING A CASH MATCH OF TEN THOUSAND FIVE HUNDRED THREE AND NO /100 DOLLARS ($10,503.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8141 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 31 "UTILITIES," ARTICLE IV "WATER SERVICE," SECTION 31 -54 "WATER DEPOSITS AND REFUNDS," SUBSECTION (E) "FORM OF DEPOSITS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 8142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF PROPERTY FOR THE BAYTOWN NATURE CENTER FROM JOHN P. BENDER, INDIVIDUALLY AND AS TRUSTEE; DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EARNEST MONEY CONTRACT WITH JOHN P. BENDER, INDIVIDUALLY AND AS TRUSTEE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 971125 -9 ,Minutes of the Regular Meeting — November 25, 1997 ORDINANCE NO. 8143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A MEMORANDUM OF EXTENSION OF THE CONTRACT FOR THE COLLECTION OF OUTSTANDING CITY OF BAYTOWN WARRANTS WITH TEXAS MUNICIPAL SERVICES, INC.; AUTHORIZING PAYMENT OF TWENTY PERCENT (20 %) OF ALL AMOUNTS COLLECTED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8144 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH J.T.B. SERVICES, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE AIRHART SIDEWALK AND KENTUCKY DRAINAGE PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -TWO THOUSAND THREE HUNDRED SIXTEEN AND 491100 DOLLARS ($22,3167.49) TO J.T.B. SERVICES, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8145 AN ORDINANCE ACCEPTING THE BID OF MIRACLE RECREATION FOR THE PURCHASE OF PLAYGROUND EQUIPMENT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -SEVEN THOUSAND SIX HUNDRED TWENTY -FIVE AND NO /100 DOLLARS ($27,625.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Appointments to Local Law Enforcement Block Grant Advisory Board The City has received a Local Law Enforcement Block Grant, and it is necessary to appoint an advisory board. The Board will hold the public hearing necessary under the grant to make a recommendation to Council for expenditure of funds. Council Member Escontrias moved to appoint Judge Jimmy Johnson, Hiawatha Jackson, Jerry Bliss, Al Weatherall, Captain Richard Reff, and Ignacio Ramirez. Council Member Sheley seconded the motion. The vote follows: 971125 -10 Minutes of the Regular Meeting — November 25, 1997 Ayes: Council Members Byford, Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None City Manager's Report City Hall will be closed Thursday and Friday, November 27 and 28 for Thanksgiving. Adjourn As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk SW