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1998 11 12 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 12, 1998 The City Council of the City of Baytown, Texas, met in regular session on November 12, 1998, at 6:30 p.m., in the Council Chambers at City Hall with the following in attendance: Victor Almendarez David Byford Manuel Escontrias E. Frank Hinds, Jr. Coleman Godwin Scott Sheley Pete C. Alfaro Bobby Rountree Ignacio Ramirez Eileen P. Hall Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Attorney 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 the Regular Meeting held on October 22, 1998 Council Member Almendarez moved to approve the minutes. Council Member Escontrias seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias, Godwin, and Sheley Mayor Alfaro Nays: None Abstained: Council Member Hinds 981112 -2 Minutes of the Regular Session — November 12,1998 Citizen's Communications Jay Patel, Three Voss Park Drive, Houston, Texas, requested that the City of Baytown provide utilities for a 55 -unit Super -8 Motel and Restaurant at 1 -10 and Thompson Road. The City Manager said the property had been annexed and the City would furnish utilities. He said that an appointment with the City Engineer would be arranged for Mr. Patel. He also said that the staff would assist Mr. Patel with the State permitting process. Proposed Ordinance No. 981112 -1, Setting the Date, Time, and Place for a Public Hearing (December 10 at 6:35 p.m.) on the Request of Jill Benbow, Vice President of Norwood Homes, to Amend the Official Zoning Map of the City of Baytown to Rezone Property Legally Described as Tract 4B, Abstract 69, out of the Christian Smith Survey (Bayou Oaks Estate) from Mixed Use to Neighborhood Conservation This property was recently annexed into the City and as such, received an automatic designation of Mixed Use (MU), but the plan is to construct seventy - five single family dwellings at this location. Council Member Escontrias moved to adopt the ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8441 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR THE PUBLIC HEARING ON THE PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN, RECLASSIFYING PROPERTY DESCRIBED AS TRACT 413, ABSTRACT 69, CHRISTIAN SMITH SURVEY, BAYTOWN, HARRIS COUNTY, TEXAS, FROM A MIXED USE DISTRICT TO A NEIGHBORHOOD CONSERVATION DISTRICT; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 981112 -3 Minutes of the Regular Session — November 12, 1998 Proposed Ordinance No. 981112 -2, Approving the Compensation Package Submitted by Willis, Bricker & Cannady Architects for the Bayland Park Convention Center Compensation for basic services will be a stipulated sum of $182,000 plus $5,000 budgeted for reimbursable. Willis, Bricker & Cannady's contract is with Bill Edmundson, the Hotel /Convention Center developer. The City's contract with Mr. Edmundson requires our approval. The scope of work includes design of approximately 20,000 gross square feet Convention and Training Center with associated site development. The Convention Center will provide 6,000 square feet meeting room, associated breakout rooms, a kitchen facility, circulation, and administrative support areas. The estimated construction cost is $2,798,500 which will be funded by 1998 Certificates of Obligation. Council Member Almendarez moved to adopt the ordinance. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8442 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE SELECTION OF WILLIS, BRICKER & CANNADY ARCHITECTS, INC., TO LEAD ARCHITECTURAL/ENGINEERING TEAM FOR DEVELOPMENT OF THE CONVENTION CENTER AT BAYLAND PARK AND APPROVING THE COMPENSATION PACKAGE THEREFOR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Resolution No. 981112 -1, Amending the Police Initiated Tow Agreement to Increase the Fee for Motorcycle Tows and Establishes the Policy for Negotiation of Fee Prior to Transport Outside City Limit The proposed amendments to the Police Initiated Tow Agreement will increase the fee to tow a motorcycle from $65 to $85. The base fee for a tow from the scene of an accident for a vehicle with no additional labor is $65. However, additional charges may be made for what is considered extra work. Since many motorcycles weigh upwards of 600 pounds, in most cases two people are required to upright the motorcycle and secure it for towing as well as 981112 -4 Minutes of the Regular Session — November 12, 1998 release the motorcycle from the tow truck. The Tow Truck Committee met, discussed this issue, and felt the additional $20 charge would be warranted and should be added to the base fee for the tow of a motorcycle. The Committee also included a recommended policy that requires the tow truck operator and the vehicle owner reach an agreement on tows outside the city limits. The city has no authority to set out of city rates but can establish a policy. These changes will become effective January 1, 1999. Council Member Byford moved to adopt the resolution. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None RESOLUTION NO. 1376 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE POLICE - INITIATED TOW AGREEMENT PREVIOUSLY APPROVED BY THE CITY COUNCIL ON THE 26"H DAY OF JANUARY 1995; ESTABLISHING THE COMMENCEMENT DATE FOR USE OF THE AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Ordinance No. 981112 -3, Providing for the Transfer of the Cable Television Franchise Agreement from TCI Cablevision of Texas, Inc., to Texas Cable Partners, L.P.; Providing for a Change in Actual Working Control from Texas Cable Partners, L.P. to Time Warner Cable; Providing for a Change in Control from Telecommunications, Inc., to AT &T Corporation; and Imposing Conditions Thereon The City has analyzed the transfer to assess the legal, financial, and technical qualifications of the Partnership to operate the cable system, the potential impact on subscriber rates and services, and all other factors germane to the transaction which the City can lawfully evaluate. Basically, the Partnership will be owned fifty percent by TCI and fifty percent by Time Warner and will be managed by Time Warner. Based upon the City staff analysis, the operation of the cable system by the Partnership will not adversely affect cable services to subscribers or otherwise be contrary to the public interest. Regulations provide that the City must take action prior to November 20, 1998, or the transfer will 981112 -5 Minutes of the Regular Session — November 12,1998 become effective without the company's agreement to abide by all applicable terms of the existing franchise agreement, the cable regulatory ordinance, and this proposed ordinance. Council Member Escontrias moved to adopt the ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None Council Member Hinds stated that since there had been so many problems with TCI in the past and recently, he hoped that Warner Cable would do a much better job. Customers have had difficulty communicating with TCI regarding service problems. The City Manager said the City would keep a list of complaints regarding cable service for Council to consider when the franchise agreement came before Council. In response to inquiry from Council, the City Manager said that the representative from Time Warner had not been able to attend the meeting because of street flooding. He added that a meeting with Council could be arranged at a future time. ORDINANCE NO. 8443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE TRANSFER OF THE BAYTOWN, TEXAS CABLE TELEVISION FRANCHISE AGREEMENT FROM TCI CABLEVISION OF TEXAS, INC., TO TEXAS CABLE PARTNERS, L.P.; PROVIDING FOR A CHANGE IN ACTUAL WORKING CONTROL FROM TEXAS CABLE PARTNERS, L.P., TO TIME WARNER CABLE; PROVIDING FOR A CHANGE IN CONTROL FROM TELECOMMUNICATIONS, INC., TO AT &T CORP.; IMPOSING CERTAIN CONDITIONS FOR CONSENT; PROVIDING FOR OTHER MATTERS RELATED TO THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 981112 -6 Minutes of the Regular Session — November 12,1998 Consider Approval of Plans and Specifications for the Construction of the San Jacinto Point Marsh Area Project and Authorize Advertisement for Bids The project will develop a five -acre peninsula park that will provide shoreline access, stabilize shoreline for recreation and habitat protection, and create wetland habitat of one plus acres within a protected area. The site is located at the end of West Bayshore Street directly across from the San Jacinto Monument. The construction cost estimate is $156,258. Funds will come from 1991 bond funds and a Coastal Management Program Grant. The site plans were reviewed and approved by the Parks and Recreation Advisory Board and by the Baytown Nature Center Sub - committee. Council Member Escontrias moved to approve the plans and specifications and to authorize advertisement for bids. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None Consent Agenda Council considered the consent agenda items "a" through 'T" a. Proposed Ordinance No. 981112 -4, approves Deduct Change Order No. 1 to adjust final quantities in the amount of $515 and approves final payment in the amount of $30,167 to Angel Brothers Enterprises, Inc., for the North Lakewood Lift Station and Force Main project. This is a cost share project with Simba Development (70% City, 30% Simba). A significant underrun was an 8 -inch PVC pipe with 14 -inch split steel casing, and removal and placement of asphalt pavement. A significant overrun was an 8 -inch PVC with 14 -inch steel casing and 24 -inch reinforced concrete pipe for storm drainage. The contract award amount was $302,185.00 (City's cost share was $211,530) and the final contract amount is $301,670 which represents a 0.2% cost decrease. The contract original duration was 90 calendar days and the contractor completed the work in 80 calendar days. Funds will come from 1991 bond funds. We recommend approval. 981112 -7 Minutes of the Regular Session — November 12,1998 b. Proposed Ordinance No. 981112 -5, approves final payment for the Removal of Underground Storage Tanks and Installation of Aboveground Storage Tanks project to TECOM UST Systems, Inc., in the amount of $16,671.81. Significant overruns include removal of two additional storage tanks that were found at the old Public Work's facility, and disposal of excess product. The contract award amount was $82,868.00, and the final contract amount is $100,334.12 which represents a 21% cost growth. The contract original duration was 33 working days and the contractor completed the work in 40 working days. This will be funded by 1991 bonds. We recommend approval. C. Proposed Ordinance No. 981112 -6, approves Change Order No. 2 (to adjust quantities) in the amount of $13,191.01 and final payment in the amount of $38,442.40 to Allco, Inc., for the Ward, Elton, Cedar, and Bayou Sanitary Sewer Rehabilitation project. The contract award amount was $252,785 and the final contract amount is $284,929.01 and represents a 12.7 % cost growth. The cost growth was largely due to (1) an underestimate of the pipe - bursting of 12 -inch and 8 -inch sewer pipe on Cedar Bayou and Elton, and (2) the open cutting at Alexander and Ward Road. The contract duration was 50 working days and the contractor completed the work in 99 working days. Funds will come from a Texas Water Development Board Loan. We recommend approval. d. Proposed Resolution No. 981112 -2, approves the refinancing of the Single Family Mortgage Revenue Refunding Bonds, Series 1987A and 1988A of the Southeast Texas Housing Finance Corporation ( STHFC) and directs the Mayor to execute the appropriate certificates evidencing approval. The refinancing, if approved by the Texas Attorney General as well as all of the governmental entities on whose behalf the bonds are issued, shall provide additional funding to afford first -time homebuyers and, for a limited time, anyone living in counties recently declared disaster areas by the President. The refinancing of these bonds furthers the STHFC's continued efforts to provide financing to persons of low -to- moderate income levels to purchase single family residences. On Wednesday, October 28, 1998, the STHFC held a public hearing concerning the bonds, but no member of the public attended and no discussion of the bonds ensued at the hearing. 981112 -8 Minutes of the Regular Session — November 12,1998 The STHFC has requested that the city council approve the issue based on the public hearing and authorize the mayor to execute a general certificate as well as a certificate of highest elected official, both certificates evidencing the public's approval of the refinancing as proposed. We recommend approval. e. Proposed Ordinance No. 981112 -7, renews the City's subscription with McNaughton Book Service in the amount of $34,326.26 for the period of December 1998 through November 1999. This service will provide 202 new books per month and a core collection of 4,040. This is a base subscription which provides catalogued and processed popular new fiction and non - fiction titles, allowing the public to read bestsellers promptly. We recommend approval. f. Proposed Ordinance No. 981112 -8, designates a "No Parking Anytime, Tow - away" zone on the west side of State Highway 146 North from the railroad overpass north of Pinehurst Drive to a point 300 feet south of El Chaco Drive. This was recommended by the Growth Management and Development Advisory Commission on September 30 to provide increased visibility for eastbound traffic on El Chaco Drive and Pinehurst Drive at State Highway 146 North. We recommend approval. g. Proposed Ordinance No. 981112 -9, authorizes the sole source payment in the amount of $17,443.32 to IBM Corporation for the annual AIX Operating System Support for City Hall and Police Department computers. This annual maintenance contract has been in effect since 1991 and is budgeted each year. The contract provides support for any malfunctions of the system as well as updates to the operating system. We recommend approval. h. Proposed Ordinance No. 981112 -10, authorizes the purchase of one vehicle tracking unit from DTC Communications, Inc., in the amount of $12,000. This equipment is to be used by the Organized Crime Unit. We recommend approval. 981112 -9 Minutes of the Regular Session — November 12, 1998 Proposed Ordinance No. 981112 -11, authorizes the annual Animal Responsibility Agreement with Houston Humane Society in the amount of $17,402. This is the fourth year of the contract with the Houston Humane Society to assist in adopting dogs and cats held by the City of Baytown. The $7.00 cost per animal remains the same as last year. We recommend approval. Council Member Hinds moved to adopt the consent agenda items "a" through "i." Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8444 AN ORDINANCE AUTHORIZING DEDUCT CHANGE ORDER NO. 1 WITH ANGEL BROTHERS ENTERPRISE, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE NORTH LAKEWOOD LIFT STATION AND FORCE MAIN; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY THOUSAND ONE HUNDRED SIXTY -SEVEN AND NO /100 DOLLARS ($30,167.00) TO ANGEL BROTHERS ENTERPRISE, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8445 AN ORDINANCE AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTEEN THOUSAND SIX HUNDRED SEVENTY -ONE AND 81/100 DOLLARS ($16,671.81) TO TECOM UST SYSTEMS, INC., FOR THE REMOVAL OF UNDERGROUND STORAGE TANKS AND INSTALLATION OF ABOVEGROUND STORAGE TANKS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 981112 -10 Minutes of the Regular Session — November 12, 1998 ORDINANCE NO. 8446 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH ALLCO, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE WARD, ELTON, CEDAR, AND BAYOU SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY -EIGHT THOUSAND FOUR HUNDRED FORTY-TWO AND 40/100 DOLLARS ($38,442.40) TO ALLCO, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE REFINANCING OF THE SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES THE 1987A AND 1988A OF THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION; DIRECTING THE MAYOR TO EXECUTE THE APPROPRIATE CERTIFICATES EVIDENCING THE APPROVAL OF THE SAME; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8447 AN ORDINANCE AUTHORIZING THE PAYMENT OF THIRTY - FOUR THOUSAND THREE HUNDRED TWENTY -SIX AND 26/100 DOLLARS ($34,326.26) TO MCNAUGHTON BOOK SERVICE AS THE COST FOR BOOK LEASING OF POPULAR NEW TITLES FOR THE STERLING MUNICIPAL LIBRARY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8448 AN ORDINANCE DESIGNATING A PORTION OF STATE HIGHWAY 146 NORTH AS A "NO PARKING AT ANYTIME, TOW AWAY" ZONE; REPEALING ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 981112 -11 Minutes of the Regular Session — November 12, 1998 ORDINANCE NO.8449 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF SEVENTEEN THOUSAND FOUR HUNDRED FORTY -THREE AND 32/100 DOLLARS ($17,443.32) TO IBM CORPORATION AS THE SOLE SOURCE FOR THE ANNUAL AIX OPERATING SYSTEM SUPPORT FOR CITY HALL AND POLICE DEPARTMENT COMPUTERS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8450 AN ORDINANCE ACCEPTING THE BID OF DTC COMMUNICATIONS, INC., FOR THE PURCHASE OF ONE (1) VEHICLE TRACKING EQUIPMENT UNIT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWELVE THOUSAND AND NO /100 DOLLARS ($12,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8451 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN ANIMAL RESPONSIBILITY AGREEMENT WITH THE HOUSTON HUMANE SOCIETY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, UP TO THE SUM OF SEVENTEEN THOUSAND FOUR HUNDRED TWO AND NO /100 DOLLARS ($17,402.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Confirmation of Mayor's Appointments to the Sign Committee Previously, the City's Construction Board of Adjustments and Appeals has served as the Sign Committee for the City of Baytown. However, because the City mandates in certain cases the relocation, reconstruction, or removal of signs, state law requires that the municipal sign committee be composed of the following members: 981112 -12 Minutes of the Regular Session — November 12, 1998 two real estate appraisers, each of whom must be a member in good standing of a nationally recognized professional appraiser society or trade organization that has an established code of ethics, educational program, and professional certification program; one person engaged in the sign business in the municipality; one employee of the Texas Department of Transportation who is familiar with real estate valuations in eminent domain proceedings; and one architect or landscape architect licensed by this state. The following persons, satisfying the above - referenced requirements, have been appointed by Mayor Alfaro to serve on the Sign Committee of the City of Baytown for a term of two years: Mr. Otis Graham (Real Estate Appraiser); Mr. Joe Mueller (Real Estate Appraiser); Mr. Robbie Robbins (Gulf Coast Signs); Mr. Don Maler (TxDOT); and Mr. Bruce Riggs (Landscape Architect). Council Member Escontrias moved to confirm Mayor Alfaro's appointments. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None Consider Proposed Resolution No. 981112 -3, designating a representative and alternate to the General Assembly of the Houston - Galveston Area Council for 1999 Council Member Byford moved to appoint Council Member Hinds as the representative and Mayor Alfaro is the alternate. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None 981112 -13 Minutes of the Regular Session — November 12, 1998 RESOLUTION NO. 1369 A RESOLUTION APPOINTING E. FRANK HINDS, JR., AS REPRESENTATIVE OF THE CITY OF BAYTOWN TO THE BOARD OF DIRECTORS AND THE GENERAL ASSEMBLY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 1999 AND PETE C. ALFARO AS ALTERNATE SHOULD E. FRANK HINDS, JR., BECOME INELIGIBLE OR RESIGN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Citizen's Communications Robert (Bob) A. Hart, President of Country Club Oaks Civic Association; Mr. Lary Harrison, 4812 Burning Tree; Ms. Cindy Diggs, 4703 Burning Tree, Attorney for Country Club Oaks; appeared to discuss the zoning classification for property at Burning Tree, Cynda Brook and Baker Road. They requested that Council change the designation of Mixed Use to Neighborhood Conservation on this lot; or alternatively, that the City purchase the property for use as a pocket park. City Manager's Report _-��• l 11 -1 • • .1. 11"11!' Council Member Almendarez was elected Secretary of the Association of Hispanic Municipal Officials at the Texas Municipal League Convention in San Antonio. Due to the Thanksgiving Holiday, the next regular meeting will be held on Tuesday, November 24, 1998. Adjourn As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk