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2006 11 09 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 09, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in special session on November 09, 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 Lynn Caskey Council Member Don Murray Council Member Mercedes Renteria III Council Member Scott Sheley Council Member Stephen H. DonCarlos Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk The meeting was opened with a quorum present. Mayor Don Carlos recognized students from Lee High School and Sterling High School for attending the City Council Meeting. Consider approval of the minutes for the Special Session Meeting and the Work Session Meeting held on October 23, 2006. Council Member Mahan moved to approve the minutes. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. Citizen Communication: Mr. Bob Pledger on behalf of the Baytown Teenage Baseball Association's (Pony) is requesting to address the City Council to thank the City for the use of the Jenkins Park baseball fields. Bob Pledger, Vice President of Baytown Teenage Baseball Association (BTBA) gave a brief update on the use of the Jenkins Park baseball fields. Baytown Teenage Baseball Association had 7 teams in the league last year. BTBA has inter-leagued with Northshore and Highlands for a total of 13 teams in the league this year. Mr. Pledger thanked Council for the use of the baseball fields and stated that he personally is happy about the possibility of a skate park. Page 2 of 7 Minutes of the Regular Session Meeting—November 9,2006 Conduct the first public hearing on the proposed annexation submitted by Athari Real Estate, LTD., David Hester, Anderson Shoe and Saddle Repair, Inc., and ValPlace Development Texas, LP, owners of the 2.8730 acre tract(123,151 square feet)to be annexed out of the George C, Davis Survey, A-1472 Baytown, Harris County, Texas and being all of three separate tracts of land with Tract 1 being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19 Highland Farms, and Tract 3 as TR 13G BLK19 Highland Farms. Mayor DonCarlos opened the first public hearing at 6:42 p.m. City Manager Jackson explained that this 2.8730 acre tract of land is one-half mile or less in width; is contiguous to the city limits of Baytown; is vacant and without residents and is proposed to be used for the construction of a Value Place Hotel. The property is located on the south side of I-10 and to the east of Garth Road. With no one signing up to speak at this meeting, Mayor DonCarlos closed the Public Hearing at 6:43 p.m. Conduct the second public hearing on the proposed annexation submitted by Athari Real Estate, LTD., David Hester, Anderson Shoe and Saddle Repair, Inc., and ValPlace Development Texas, LP, owners of the 2.8730 acre tract(123,151 square feet)to be annexed out of the George C, Davis Survey, A-1472 Baytown, Harris County, Texas and being all of three separate tracts of land with Tract 1 being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19 Highland Farms, and Tract 3 as TR 13G BLK19 Highland Farms. Mayor DonCarlos opened the second public hearing at 6:43 p.m. City Manager Jackson explained that this 2.8730 acre tract of land is one-half mile or less in width; is contiguous to the city limits of Baytown; is vacant and without residents and is proposed to be used for the construction of a Value Place Hotel. The property is located on the south side of I-10 and to the east of Garth Road. With no one signing up to speak at this meeting, Mayor DonCarlos closed the Public Hearing at 6:44 p.m. Consider Proposed Ordinance No. 061109-1, approving an interlocal agreement with the Baytown Municipal Development District for funding of the North Main/IH-10 Utility Project. City Manager Jackson stated that this interlocal agreement was approved by the Baytown Municipal Development District at the last meeting held November 2, 2006. Mr. Jackson explained that the Proposed Ordinance approves an interlocal agreement with the Baytown Municipal Development District ("MDD") for the North Main/IH-10 Utility Project to extend water and wastewater facilities on N. Main from Cedar Bayou Lynchburg Road to Wallisville Road. The Project is divided into two phases. The first phase of the Project will provide for sanitary sewer services on North Main Street, north of I-10 to Wallisville Road, which will include services for the new high school at the intersection of North Main and Wallisville, and a general benefit lift station along the North I-10 feeder road, east of North Main Street. The second phase of the Project will provide for sanitary sewer services along North Main Street, south of I-10 to Lynchburg-Cedar Bayou Road, and will include the installation of a 12-inch water line along North Main Street from I-10 south to Lynchburg-Cedar Bayou Road. The Page 3 of 7 Minutes of the Regular Session Meeting—November 9,2006 construction for the first phase of the Project is anticipated to be completed by August 2008; and the construction for the second Phase of the Project is anticipated to be completed by January 2009. Pursuant to the proposed agreement, the MDD shall reimburse the City for the principal, interest, and costs associated with the debt issuance used to fund the construction of the project— the principal of such issuance being an amount not to exceed FOUR MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($4,500,000). Discussion was had about the 12"line on Garth Road and the 30" BAWA line. Council Member Capetillo moved to approve the ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,476 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 AN AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE NORTH MAIN/IH-10 UTILITY PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 061109-1, setting the date, place and time for the City Council retreat. City Manager Jackson explained that the first date available for a Council retreat without working conflicts is December 9, 2006 and the Sundeck is available at the Country Club for holding the retreat. Mr. Jackson explained that this date is during the holiday season and may not be good for Council. Discussion was had that it might be preferable to wait until after the holiday season and have the retreat in January. Council Member Sheley moved to approve the resolution setting December 9, 2006 as the date, Sundeck Country Club View as the place and 8:00 a.m. as the time for the City Council retreat. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. Page 4 of 7 Minutes of the Regular Session Meeting—November 9,2006 RESOLUTION NO. 1819 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON SATURDAY, DECEMBER 9, 2006, AT 8:00 A.M. IN THE SUNDECK COUNTY CLUB VIEW, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss and take appropriate action concerning the Longneck Wildlife Festival. Mayor DonCarlos explained that the Board of Directors of Baytown Outdoor Inc. have decided to postpone the 2007 Long Neck Wildlife Festival and have agreed to work with the City of Baytown Parks &Recreation Department to assist in three special Mini-Events during 2007. City Manager Jackson explained that the objective of the Mini-Events is to highlight some of Baytown's outdoor and recreation facilities. The three Mini-Events being planned by the Parks & Recreation Department, which would be free of charge, include: • Youth Fishing Tournament proposed for January 27, 2007 at the Wayne Gray Sports Complex. • Wetlands Center Day—Proposed date is May 5, 2007 • Nature Center Day—Proposed date for the fall, a date will be decided on in the future. Scott Johnson, Director of Parks and Recreation also fielded questions and concerns regarding the mini events. Consent Agenda a. Consider Proposed Ordinance No. 061109-2, approving the purchase of twenty- five (25) sets of Globe Personal Protective Equipment for replacement during fiscal year 2006-2007. b. Consider Proposed Ordinance No. 061109-3, approving the purchase of furniture for the New EOC from HON Company C/O J. Tyler Services under the TXMAS Government Purchasing Program. c. Consider Proposed Ordinance No. 061109-4, awarding the first renewal of the annual oil and grease contract. d. Consider Proposed Ordinance No. 061109-5, authorizing the purchase of one 2007 Chevrolet Impala for the Police Department from Caldwell Country Chevrolet through H-GAC. e. Consider Proposed Ordinance No. 061109-6, authorizing the purchase of one 2007 Ford F150 super cab pickup truck for the Mosquito Control Department from Philpott Motors, Ltd., through H-GAC. Page 5 of 7 Minutes of the Regular Session Meeting—November 9,2006 f. Consider Proposed Ordinance No. 061109-7, authorizing the purchase of eleven 2007 Ford Police Interceptors from Philpott Motors,Ltd., through H-GAC. g. Consider Proposed Ordinance No. 061109-8, awarding the last renewal of the annual construction materials contract. h. Consider Proposed Ordinance No. 061109-9, authorizing the purchase of one 2007 Chevrolet ambulance for Emergency Medical Services from Frazer, LTD., through H-GAC. Council Member Sheley moved to approve consent items a through h as submitted. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,477 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF THIRTY-SEVEN THOUSAND NINE HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($37,925.00) TO CASCO INDUSTRIES AS THE SOLE SOURCE FOR THE PURCHASE OF 25 SETS OF GLOBE PERSONAL PROTECTIVE EQUIPMENT FOR REPLACEMENT DURING FISCAL YEAR 2006-2007; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,478 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY-SEVEN THOUSAND ONE HUNDRED ELEVEN AND 15/100 DOLLARS ($37,111.15) TO HON COMPANY C/O J. TYLER SERVICES, INC., FOR THE PURCHASE OF FURNITURE FOR THE NEW EMERGENCY OPERATIONS CENTER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,479 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF TRI-CON, INC., FOR THE ANNUAL OIL AND GREASE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY-FOUR THOUSAND TWENTY-SIX AND 08/100 DOLLARS ($34,026.08); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 7 Minutes of the Regular Session Meeting—November 9,2006 ORDINANCE NO. 10,480 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY THOUSAND SEVEN HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS ($20,778.00) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2007 CHEVROLET IMPALA FOR THE POLICE DEPARTMENT FROM CALDWELL COUNTRY CHEVROLET; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,481 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTEEN THOUSAND ONE HUNDRED SEVENTY-TWO AND 55/100 DOLLARS ($17,172.55) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2007 FORD F150 SUPER CAB PICKUP TRUCK FROM PHILPOTT MOTORS, LTD., FOR THE MOSQUITO CONTROL DIVISION OF THE HEALTH DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,482 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED TWENTY-SIX THOUSAND SEVEN HUNDRED FIFTY-FIVE AND 93/100 DOLLARS ($226,755.93) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ELEVEN (11) 2007 FORD POLICE INTERCEPTORS FROM PHILPOTT MOTORS, LTD; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF DEER PARK LUMBER COMPANY, LTD., FOR THE ANNUAL CONSTRUCTION MATERIALS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,484 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY-SEVEN THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($127,400.00) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE 2007 CHEVROLET AMBULANCE FOR EMERGENCY MEDICAL SERVICES FROM FRAZER, LTD.; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 7 Minutes of the Regular Session Meeting—November 9,2006 Consider appointment to the Community Development Advisory Committee (1). This item was not ready for consideration. Continue discussion and provide direction to staff regarding the timing, committee structure, and consider making appointments to the General Obligation Bond Committees. No further discussion needed. City Manager's Report. • City Council meeting will be held November 20, 2006. • Baytown Chamber of Commerce Public Safety Recognition will be held Tuesday November 14, 2006 at 6:30 pm at the Baytown Community Center. • Veteran's Day Service will be held at Veterans Memorial Plaza, November 11, 2006 at 11:00 am. • Report on the Baytown Recycles Day Council Member Sheley stated 43 Flags will be flown over Texas Avenue and he thanked Council and staff for their support and dedication to the project. Council Member Capetillo briefly informed Council of the Veteran's Day Events that will take place at the Veteran's Day Service. Council Member Renteria announced that a Fall Festival will be held at San Jacinto Elementary Saturday,November 11, 2006 at 10:00 am. Adjourn Council Member Murray moved to adjourn the meeting. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 7:15 p.m. Lorri Coody, City Clerk