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
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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.
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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
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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.
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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.
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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.
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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