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2006 05 25 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 25, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on May 25, 2006, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Brandon Capetillo Council Member Sammy Mahan Council Member Don Murray Council Member Scott Sheley Council Member Mercedes Renteria, III Council Member Calvin Mundinger Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk Council Member Ronnie Anderson was absent. The meeting was opened with a quorum present. Council Member Capetillo led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of the minutes for the Council Meeting held May 11, 2006. Council Member Mahan moved to approve the minutes as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Administer Oaths of Office to the newly elected Mayor and Council Members. Mayor Mundinger invited Mayor Elect Stephen DonCarlos and Council Members Murray and Mahan to come forward. He then introduced the Honorable Judge Tony Polumbo. Judge Polumbo administered the Oaths and presented these newly elected members Certificates of Election. Minutes – May 25, 2006 Page 2 Presentations to Mayor Mundinger and Council Member Anderson. Mayor DonCarlos presented Mayor Mundinger with a plaque detailing the history of his dedicated service to the City of Baytown. Mayor Mundinger expressed his gratitude to Council for all of their hard work. He expressed his pleasure in the accomplishments of this Council and feels that the hard work has paid off with the implementation of several very successful projects and endeavors that have benefited the citizens of Baytown. Mayor Mundinger presented Mayor DonCarlos with the gavel and then said his goodbyes. Mayor DonCarlos informed Council that due to the recount petition being filed for the Council Member District 5 race, the presentation to outgoing Council Member Anderson and the administering of the Oath of Office for Council Member Elect Caskey will be delayed. Recognition of the Youth of the Month. Mayor DonCarlos recognized Ms. Kelli Sullivan as the May “Youth of the Month” and presented her with an award and gift certificate. He then summarized her accomplishments and success at Ross S. Sterling High School as well as her dedicated sense of community service. He also recognized her parents. Before moving to the next item, Mayor DonCarlos recognized and introduced the members of his family in attendance. Conduct the first public hearing on the proposed annexation submitted by Gary M. Jackson, City Manager of the City of Baytown for Tract 2 (4F) being that portion of land out of the J.W. Singleton Survey and recorded in Vol. 3294 at page 225 in the deed records of Harris County, Texas and Tract 3 (4E) being that portion of land out of the J.W. Singleton Survey and recorded in Vol. 3306 at page 300 in the deed records of Harris County, Texas. The property is a City of Baytown park (Barkaloo Park), which currently lies outside the city limits of Baytown. Mayor DonCarlos opened the public hearing at 6:45 p.m., asking City Manager Jackson to briefly summarize the annexation and property in question. With no one having signed in to speak, Mayor DonCarlos closed the public hearing at 6:46 p.m. Conduct the second public hearing on the proposed annexation submitted by Gary M. Jackson, City Manager of the City of Baytown for Tract 2 (4F) being that portion of land out of the J.W. Singleton Survey and recorded in Vol. 3294 at page 225 in the deed records of Harris County, Texas and Tract 3 (4E) being that portion of land out of the J.W. Singleton Survey and recorded in Vol. 3306 at page 300 in the deed records of Harris County, Texas. The property is a City of Baytown park (Barkaloo Park), which currently lies outside the city limits of Baytown. Minutes – May 25, 2006 Page 3 Mayor DonCarlos opened the public hearing at 6:46 p.m. and with no one signed in to speak closed the public hearing at 6:47 p.m. Conduct a public hearing regarding the application of Shay Shafie for a zoning amendment and a subdivision variance request for Spring Water Village property legally described as TRS 1F-3A, 1F-4, 1F-5, 1F-6, 1F7, 1F-9, 1F-10, 1F-11 1F-12, 1F13, 1F19& 1F-20, Abstract 44, N Lynch, TRS 2, 2B,2C, 3, BLK 2, TRS 20, 20B-1,BLK 20, TR 23 BLK 23 Elena Fruit & Cotton Farm, Baytown, Harris County, Texas. The zoning amendment application is to (i) reclassify the subject property from Mixed Use to Neighborhood Conservation and Urban Neighborhood and (ii) to establish an overlay district for the subject property. Mayor DonCarlos opened the public hearing at 6:48 p.m., asking City Manager Jackson to give some additional detail on this property and application for a zoning amendment and subdivision variance. City Manager Jackson explained that Mr. Shay Shafie with Park Lake Communities was available to make a presentation concerning the properties. Mr. Shafie introduced Ms. Christy Smidt with Kerry R. Gilbert and Associates who gave Council a brief presentation concerning the layout and intent of the 400 acres in question. She explained that the property is located south of Interstate 10, east and west of Thompson Road, Baytown, Texas. The zoning amendment application is to (i) reclassify the subject property from Mixed Use to Neighborhood Conservation and Urban Neighborhood and (ii) to establish an overlay district for the subject property, which would allow a minimum lot size of 4400 square feet for single-family detached dwelling units with a minimum width of 40’ and a minimum lot size of 2,000 square feet for attached single-family dwelling units. The subdivision variance application will allow a minimum lot size of 4400 square feet for single-family detached dwelling units with a minimum width of 40’ and a minimum lot size of 2,000 square feet for townhomes. She showed various screen shots of the project. After the presentation Mr. Shafie fielded a brief series of questions from Council clarifying ownership issues, percentage of open space, drainage, entry, exit, traffic signals and number of lift stations required. Concerns of emergency response and school locations were also addressed. With Council having no more questions and no one having signed in to speak Mayor DonCarlos closed the public hearing at 7:15 p.m. Consider Proposed Ordinance No. 060525-1 amending the official zoning map of the City of Baytown to change the zoning district classification from Mixed Use to Neighborhood Conservation and Urban Neighborhood and to establish a planned unit development overlay district concerning certain tracts of land located south of Interstate 10 and adjacent to Thompson Road on the east and west and granting a variance to the minimum lot size requirements contained in Chapter 126 of the Code of Ordinances pertaining to single-family dwellings and townhouses. City Manager Jackson explained that Proposed Ordinance No. 060525-1, amends the official zoning map of the City of Baytown to change the zoning district classification from Mixed Use to Neighborhood Conservation and Urban Neighborhood and to establish a planned unit Minutes – May 25, 2006 Page 4 development overlay district concerning certain tracts of land located south of Interstate 10 and adjacent to Thompson Road on the east and west and granting a variance to the minimum lot size requirements contained in Chapter 126 of the Code of Ordinances pertaining to single-family dwellings and townhouse. The Planning and Zoning Commission met on April 19, 2006, and voted unanimously to approve the application of Shay Shafie for a zoning amendment and a subdivision variance request for Spring Water Village. The proposed ordinance will (i) reclassify the subject property from Mixed Use to Neighborhood Conservation and Urban Neighborhood and (ii) will establish an overlay district for the subject property, which would allow a minimum lot size of 4400 square feet for single-family detached dwelling units with a minimum width of 40’ and a minimum lot size of 2,000 square feet for attached single-family dwelling units. The subdivision variance will allow a minimum lot size of 4400 square feet for single-family detached dwelling units with a minimum width of 40’ and a minimum lot size of 2,000 square feet for townhomes. The proposed Spring Water Village Planned Unit Development is located south of Interstate 10, east and west of Thompson Road, Baytown, Texas. Council Member Murray moved to approve the Ordinance as presented with the inclusion of Staff’s recommendations. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING CERTAIN TRACTS OF LAND LOCATED SOUTH OF INTERSTATE 10 AND ADJACENT TO THOMPSON ROAD ON THE EAST AND THE WEST TO CHANGE THE ZONING DISTRICT CLASSIFICATIONS AND TO ESTABLISH A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT; GRANTING A VARIANCE TO THE MINIMUM LOT SIZE REQUIREMENTS CONTAINED IN CHAPTER 126 “SUBDIVISIONS,” ARTICLE III “DEVELOPMENTS,” DIVISION 2 “RESIDENTIAL,” SUBDIVISION IV” “TOWNHOUSE SUBDIVISIONS,” SECTION 126-350 AND ARTICLE IV “IMPROVEMENTS,” DIVISION 2 “DESIGN STANDARDS,” “SUBDIVISION III “LOTS,” SECTION 126-551 “MINIMUM SIZES” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONSISTENT WITH THE PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT CREATED HEREIN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Minutes – May 25, 2006 Page 5 Consider proposed Ordinance No. 060525-2, authorizing an agreement for professional services for the update to the Capital Recovery Fee (Impact Fee) Study and the Water and Wastewater Master Plan. City Manager Jackson explained that Proposed Ordinance No. 060525-2, authorizes a professional services agreement in the amount of not to exceed $40,675 to Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) for the update to the Capital Recovery Fee (Impact Fee) Study and the Water and Wastewater Master Plan. The A&E Committee met on April 27, 2006 and has recommended PBS&J for this project. PBS&J completed the original Impact Fee study in 2004. State Law requires the plan to be updated at least every five years. An update at this time is recommended because of the continued interest in growth within the proposed Northeast Wastewater Treatment Plant service area. The MDD recently commissioned a study of the North Main corridor that identified several “general benefit” facilities and sanitary sewer lines for possible inclusion into the Water and Wastewater Master Plan. The updated study will include both the Capital Improvement Plan (CIP) update and the recalculation of the maximum Impact Fees to support such a plan. Inclusion of these “general benefit” lines in the CIP will the use of Impact Fee revenue for their installation or will allow a developer to install these lines and use that cost to offset their impact fees. The land use assumptions and population projections utilized in the original Impact Fee analysis will remain the same. Revenues from the previous collection of impact fees will fund this project. Council Member Renteria moved to approve the Ordinance as presented. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,339 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 A PROFESSIONAL SERVICES AGREEMENT WITH POST, BUCKLEY, SCHUH, & JERNIGAN, INC., FOR THE UPDATE TO THE CAPITAL RECOVERY FEE (IMPACT FEE) STUDY AND THE WATER AND WASTEWATER MASTER PLAN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND SIX HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($40,675.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Minutes – May 25, 2006 Page 6 Consider Proposed Ordinance No. 060525-3, awarding a construction contract for the Water Service Line Replacement Project. City Manager Jackson explained that Proposed Ordinance No. 060525-3, awards a construction contract to Dan’s Commercial Plumbing, LLC in the amount of $52,175 for the Water Service Line Replacement Project. The scope of work includes the installation of 119 water service lines to reconnect residences to new main service lines along W. Jack, W. James, W. Murrill, W. Sterling, Polly Ave., Utah St., and N. Ashbel. This service relocation is necessitated by the City’s waterline replacement program. Under this program, City crews place old, cast iron water lines in existing neighborhoods with new PVC lines, moving any lines that are in rear easements to the street ROW. This relocation necessitates installing a new service line and meter. State law requires this work to be performed by a licensed plumber so it is contracted out. There is no cost to the homeowners. The benefits of this program are improved water pressure and flow, reduce waterline failures, eliminating the need to make repairs in someone’s back yard and improved fire protection through the installations of new/additional fire hydrants. The total estimated construction cost, which included a five percent contingency, was $54,660.90. The construction duration is 45 calendar days. The Water and Sewer Fund, Utility Construction Budget will fund this project. Council Member Renteria moved to approve the Ordinance as presented. Council Member Mahan seconded to motion. The vote follows: Ayes: Council Members Renteria, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,340 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 DAN’S COMMERCIAL PLUMBING, LLC FOR THE WATER SERVICE LINE REPLACEMENT PROJECT; AUTHORIZING PAYMENT OF THE SUM OF FIFTY-TWO THOUSAND ONE HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($52,175.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060525-4, approving final payment to G&N Enterprises, Inc., and accepting the Craigmont Lift Station Rehabilitation Project. City Manager Jackson explained that Proposed Ordinance No. 060525-4, approves the final payment of $16,839.50 to G&N Enterprises, Inc. and accepts the Craigmont Lift Station Minutes – May 25, 2006 Page 7 Rehabilitation Project. The original contract was awarded to G&N Enterprises, Inc for $168,395 and the contract duration was 90 calendar days. The final contract amount was $168,395. A total of 60 calendar days were added to the contract for an amended contract duration of 150 calendar days. The additional 60 days was the result of delays experienced with the Poly-Triplex liner system on the lift station wet well. The contractor finished the project in the allotted time and their workmanship was satisfactory. Council Member Capetillo moved to approve the Ordinance as presented. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,341 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE CRAIGMONT LIFT STATION REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTEEN THOUSAND EIGHT HUNDRED THIRTY-NINE AND 50/100 DOLLARS ($16,839.50) TO G&N ENTERPRISES, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss appointment and budget processes of the Boards of Directors of the Crime Control Prevention District and the Fire Control Prevention and Emergency Medical Services District. Council Member Murray expressed his desire to see Council approve a Board composed of citizens with expertise in the respective areas of each District as opposed to having Council Members serve on the Boards. City Manager Jackson explained the law pertaining to the creation of these Boards and explained the difference between the two Boards, the methods of appointment and number of Board Members allowed. Mayor DonCarlos stated that he favors no Council Members on either Board and urges Staff to have a Work Session on this item. With no other discussion Mayor DonCarlos moved to the next item. Consent. a) Consider Proposed Ordinance No. 060525-5, approving the Water Supply Contract – Treated Water between the Baytown Area Water Authority and Harris County Minutes – May 25, 2006 Page 8 Fresh Water Supply District No. 1-B. b) Consider Proposed Ordinance No. 060525-6, authorizing an Industrial District Agreement with Dome Hydrocarbons, L.C. c) Consider Proposed Ordinance No. 060525-7 repealing Ordinance No. 9597, passed by the City Council of the City of Baytown on July 24, 2003, and amending Chapter 98 “Utilities,” Article V “Industrial Pretreatment,” Division 1 “Generally,” Section 98-126 “Definitions,” Section 98-127 “Abbreviations,” Section 98-129 “Objectives” subsection (a)(7), Chapter 98 “Utilities,” Article V “Industrial Pretreatment,” Division 2 “Administration and Enforcement,” Subdivision 1 “In General,” Section 98-166 “Publication of industrial users in significant noncompliance,” Section 98- 167 “Affirmative defenses to upsets,” Chapter 98 “Utilities,” Article V “Industrial Pretreatment,” Division 5 “Discharge Prohibitions and Limitations,” Section 98-320 “Specific pollutant limitations” subsections (a), (e)(1), and (j), Chapter 98 “Utilities,” Article V “Industrial Pretreatment,” Division 6 “Reporting and Sampling,” Section 98-359 “Certification statements,” Section 98-361 “Notice of potential problems, including slug loading,” Chapter 98 “Utilities,” Article V “Industrial Pretreatment,” Division 7 “Compliance Monitoring,” Section 98-402 “Search warrants” subsection (a), and Chapter 98 “Utilities,” Article V “Industrial Pretreatment,” Division 8 “Accidental Discharges,” Section 98-435 “Accidental/slug control plan” to comply with the Texas Commission on Environmental Quality regulations. d) Consider Proposed Resolution No. 060525-1, authorizing the City Manager to accept a United States Department of Justice, Drug Enforcement Administration 2006 grant as to the Houston High Intensity Drug Trafficking Area Program (HIDTA) and authorizing the City Manager to take all further actions necessary to implement the grant. Council Member Sheley moved to approve items a through d as presented. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Minutes – May 25, 2006 Page 9 ORDINANCE NO. 10,342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A WATER SUPPLY CONTRACT – TREATED WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 1-B; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,343 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH DOME HYDROCARBONS, L.C.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 9597, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON JULY 24, 2003; AMENDING CHAPTER 98 “UTILITIES,” ARTICLE V “INDUSTRIAL WASTE,” DIVISION 1 “GENERALLY,” SECTION 98-126 “DEFINITIONS,” SECTION 98-127 “ABBREVIATIONS,” SECTION 98-129 “OBJECTIVES,” SUBSECTION (A)(7); CHAPTER 98 “UTILITIES,” ARTICLE V “INDUSTRIAL WASTE,” DIVISION 2 “ADMINISTRATION AND ENFORCEMENT,” SUBDIVISION 1 “IN GENERAL,” SECTION 98-166 “PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOMPLIANCE,” SECTION 98-167 “AFFIRMATIVE DEFENSES TO UPSETS”; CHAPTER 98 “UTILITIES,” ARTICLE V “INDUSTRIAL WASTE,” DIVISION 5 “DISCHARGE PROHIBITIONS AND LIMITATIONS,” SECTION 98-320 “SPECIFIC POLLUTANT LIMITATIONS,” SUBSECTIONS (A), (E), AND (J); CHAPTER 98 “UTILITIES,” ARTICLE V “INDUSTRIAL WASTE,” DIVISION 6 “REPORTING AND SAMPLING,” SECTION 98-359 “CERTIFICATION STATEMENTS,” SECTION 98-361 “NOTICE OF POTENTIAL PROBLEMS, INCLUDING SLUG LOADING”; CHAPTER 98 “UTILITIES,” ARTICLE V “INDUSTRIAL WASTE,” DIVISION 7 “COMPLIANCE MONITORING,” SECTION 98-402 “SEARCH WARRANTS,” SUBSECTION (A); AND CHAPTER 98 “UTILITIES,” ARTICLE V “INDUSTRIAL WASTE,” DIVISION 8 “ACCIDENTAL DISCHARGES,” SECTION 98-435 “ACCIDENTAL/SLUG CONTROL PLAN” (THE INDUSTRIAL WASTE ORDINANCE) TO BE IN COMPLIANCE WITH CURRENT REGULATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM Minutes – May 25, 2006 Page 10 PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE DEPARTMENT OF JUSTICE FOR A 2006 GRANT FOR THE HIGH INTENSITY DRUG TRAFFICKING AREA PROJECT IN THE AMOUNT OF NINE HUNDRED NINE THOUSAND TWO HUNDRED FIVE AND NO/100 DOLLARS ($909,205.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Manger’s Report.  Council Budget Questionnaire. City Manager Jackson reviewed the Budget Questionnaire with Council and informed them that they were needed back by June 16, 2006. A reminder went out on the Memorial Day Service at Bicentennial Park and that the pools at the Sports Complex would open on May 27, 2006. Council Member Sheley reminded Council and Staff of District 2’s “Meet the Mayor” gathering at the Defee Station on June 3, 2006 at 9:00 a.m. Council Member Sheley moved to adjourn the meeting. Council Member Renteria seconded the motion. The vote follows: Ayes: Council members Renteria, Capetillo, Mahan, Murray and Sheley Mayor Don Carlos Nays: None The motion carried. Adjourn. With no additional business the meeting adjourned at 7:35 p.m. _________________________ Lorri Coody, City Clerk