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1999 02 11 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 11, 1999 The City Council of the City of Baytown, Texas, met in regular session on February 11, 1999, at 6:30 p.m., in the Council Chamber of the Baytown City Hall with the following in attendance: Victor Almendarez David Byford Manuel Escontrias E. Frank Hinds, Jr. Coleman Godwin Scott Sheley Pete C. Alfaro Monte Mercer Ignacio Ramirez Eileen P. Hall The meeting was opened wit h Godwin led the pledge of allegiance following business was conducted: Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk a quorum present, and Council Member and offered the invocation after which the Consider Approval of Minutes for the Regular Meeting held on January 28, 1999 Council Member Escontrias moved to approve the minutes. Council Member Byford seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None 990211 -2 Minutes of the Regular Session — February 11, 1999 Consider Approval of Minutes for the Special Meeting held on February 2, 1999 Council Member Almendarez moved to approve the minutes. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None Proposed Ordinance No. 990211 -1, Authorizing Renewal of an Agreement with P.M. Construction & Rehabilitation, L.P., for the Annual Sanitary Sewer Rehabilitation Contract 1998 -99 The ordinance authorizes a renewal in the amount of $934,949 for an additional one -year contract on the same terms, conditions, and unit prices as the initial agreement dated March 26, 1998. This contract includes rehabilitation work using the pipe bursting method and removal and replacement by open trench methods. The contract has enough flexibility for unforeseen or emergency projects. This project will be funded by a Texas Water Development Board loan and 1998 Certificates of Obligation. Council Member Hinds moved to adopt the ordinance. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8512 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A MEMORANDUM OF RENEWAL OF THE 1998 -99 ANNUAL SANITARY SEWER REHABILITATION CONTRACT BETWEEN THE CITY OF BAYTOWN AND P.M. CONSTRUCTION & REHABILITATION, L.P., FOR THE 1998 -99 ANNUAL SANITARY SEWER REHABILITATION CONTRACT IN THE AMOUNT OF NINE HUNDRED THIRTY -FOUR THOUSAND NINE HUNDRED FORTY - NINE AND NO /100 DOLLARS ($934,949.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 990211 -3 Minutes of the Regular Session — February 11, 1999 Proposed Ordinance No. 990211 -2, Approving Deduct Change Order No. 2, and Final Payment for the Lift Station and Force Main Contract at Baker Road and Hutto Boulevard The ordinance approves Change Order No. 2 in the amount of $4,887 and final payment in the amount of $29,109.08 to Peltier Brothers Construction, Inc. The award amount was $226,242. The final amount is $229,440.81 which represents a 1.4% cost growth. The cost growth was largely due to extra depth boring and sidewalk replacement on Garth Road to span the pipeline corridor. The duration was 120 calendar days and the work was completed in 120 calendar days. Funds were from 1991 sewer bonds and cost shared with Camden Properties. Council Member Escontrias 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. 8513 AN ORDINANCE AUTHORIZING DEDUCT CHANGE ORDER NO. 2 WITH PELTIER BROTHERS CONSTRUCTION, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE BAKER ROAD AT EMMETT HUTTO BOULEVARD LIFT STATION AND FORCE MAIN PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -NINE THOUSAND ONE HUNDRED NINE AND 08/100 DOLLARS ($29,109.08) TO PELTIER BROTHERS CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda Council considered the consent agenda items "a" through "g" excluding item "d." a. Proposed Ordinance No. 990211 -3, amends Chapter 18 "Buildings and Building Regulations," Article II "Building Construction Standards," Division 3 "Building Code," Section 18 -91 "Adopted" and Chapter 38 "Fire Prevention And Protection," Article III "Fire Prevention Standards," Section 38 -61 "Code Adopted" and Section 38 -64 "Penalties For Violations" of the Code of Ordinances of the 990211 -4 Minutes of the Regular Session — February 11, 1999 City of Baytown, Texas, to adopt the 1997 Edition of the Standard Building Code and the Standard Fire Prevention Code. Currently, the City is using the 1994 Building and Fire Prevention Codes. Sections 18 -91 and 38 -61, as amended, adopt the 1997 Edition of the Standard Building Code and the Standard Fire Prevention Code. The updated codes will facilitate proper inspection of buildings and fire safety standards. The codes are interrelated; therefore, it is necessary to adopt both codes simultaneously. Lastly, Section 38- 64, as amended, deletes the requirement that a violation of the Fire Code has to continue for ten days prior to criminal penalties being assessed. As proposed, the penalty provision is similar to other penalty provisions in the Code of Ordinances, which makes each day during which a violation exists a separate offense and punishable, upon conviction, by a fine not to exceed $2,000. We recommend approval. b. Proposed Ordinance No. 990211 -4, authorizes the First Amendment to the 1997 License Agreement with the United States Department of Justice, Drug Enforcement Administration, Houston Field Division, ( "DEA ") for use of the City's Firearms Training Range. The proposed amended licensing agreement has a term of no less than five years and no more than thirty years, during which the DEA is authorized to use the Range for DEA firearms training and qualification activities and to conduct maintenance and enhancement activities. The agreement is contingent on the availability of funds designated for the use of the Range. Through the funding provided by the DEA, the Range will be brought into compliance with the DEA firearm policy and procedures and maintained accordingly. The agreement may be terminated at any time after the expiration of five years by giving one -year written notice. It is expected that the DEA will provide much of the needed funds to bring the Range into compliance with its standards during the first five years of this agreement. We recommend approval. C. Proposed Ordinance No. 990211 -5, renews the annual leasing of vehicles contract in the amount of $300,000. Invitations to Bid were mailed to three suppliers and one bid and two no -bids were received. This contract is used by Harris County Organized Crime /Narcotics Task Force, HIDTA, and DEA for vehicles for the officers working with these agencies. This is the first year to renew this contract for the same terms, conditions, and pricing. We recommend approval. 990211 -5 Minutes of the Regular Session — February 11, 1999 d. Proposed Ordinance No. 990211 -6, accepts a proposal and approves a contract for a Contract Labor NT System Administrator for the Harris County Organized Crime Task Force (HCOCNTF). Council will consider this item at a future date. e. Consider Proposed Ordinance No. 990211 -7, awards a bid on sole source basis for repair of an Aerial Device on the Reserve Ladder Fire Truck to Special Equipment Services, Inc. for $11,600. The base bid includes repair /replacement of the electrical collector rings in the turntable of the boom. This work will be performed by the manufacturer's only authorized repair facility, Aerial Innovations, Inc., located in Kaufman, Texas. We recommend approval. f. Proposed Resolution No. 990211 -1, appoints the Community Development Advisory Committee members to serve as the Complete Count Committee for Census 2000. The Director of Planning and Community Development recommends the Community Development Advisory Committee be appointed to serve as the Complete Count Committee. The Committee is representative of each council district and minority groups are represented in proportion to city -wide representation. In order to make certain that the entire community responds to the request for census information, this committee will form sub - committees to work with different segments of the community. We recommend approval. g. Proposed Resolution No. 990211 -2, endorses Guiding Principles for Cleaner Air for the Houston - Galveston Area Region. Houston - Galveston Area Council has requested the City to join them in endorsing Principles for Cleaner Air. Harris County has recently announced adoption of these principles, along with the City of Houston. The Principles emphasize local flexibility, cost - effectiveness, and public - private collaboration in meeting regional clean air goals. We recommend approval. Council Member Sheley moved to adopt the consent agenda items "a" through "g" excluding item "d." Council Member Escontrias seconded the motion. The vote follows: 990211 -6 Minutes of the Regular Session — February 11, 1999 Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8514 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE II "BUILDING CONSTRUCTION STANDARDS," DIVISION 3 "BUILDING CODE," SECTION 18 -91 "ADOPTED" AND CHAPTER 38 "FIRE PREVENTION AND PROTECTION STANDARDS," SECTION 38 -61 "CODE ADOPTED" AND SECTION 38 -64 "PENALTIES FOR VIOLATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO ADOPT THE 1997 EDITION OF THE STANDARD BUILDING CODE AND THE STANDARD FIRE PREVENTION CODE; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND NO1100 DOLLARS ($500.00) FOR A VIOLATION OF THE BUILDING CODE AND A PENALTY NOT EXCEEDING TWO THOUSAND AND NO /100 DOLLARS ($2,000.00)FOR A VIOLATION OF THE FIRE PREVENTION CODE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 8515 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE 1997 LICENSE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, HOUSTON FIELD DIVISION, FOR IMPROVEMENTS TO AND USE OF THE CITY OF BAYTOWN FIREARMS TRAINING RANGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8516 AN ORDINANCE RENEWING THE CONTRACT OF CAPPS RENT A CAR, INC., FOR THE ANNUAL LEASING OF VEHICLES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THREE HUNDRED THOUSAND AND NO /100 DOLLARS ($300,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 990211 -7 Minutes of the Regular Session — February 11, 1999 ORDINANCE NO. 8517 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF ELEVEN THOUSAND SIX HUNDRED AND N01100 DOLLARS ($11,600.00) TO SPECIAL EQUIPMENT SERVICES, INC., AS THE SOLE SOURCE FOR THE REPAIR OF THE AERIAL DEVICE ON FD SHOP NO. 30; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPOINTING MEMBERS OF THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE TO SERVE AS THE COMPLETE COUNT COMMITTEE FOR CENSUS 2000; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ENDORSING GUIDING PRINCIPLES FOR CLEANER AIR FOR THE HOUSTON - GALVESTON REGION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Appointment to Community Development Advisory Committee Council Member Sheley moved to appoint Rebecca Greathouse. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None Consider Appointments to Growth Management & Development Advisory Committee Council Member Byford moved to appoint Glen Angel, Council Member Almendarez seconded the motion. The vote follows: 990211 -8 Minutes of the Regular Session — February 11, 1999 Ayes: Council Members Almendarez, Byford, Escontrias, and Godwin Mayor Alfaro Nays: Council Member Hinds and Sheley Consider Confirmation of City Manager's Appointments to Baytown Library Board Council Member Escontrias moved to confirm the City Manager appointment of Thomas Hadnot, W. C. Smith, Mary Margaret Armstrong, and Dr. Pamela Medellin. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None Consider Confirmation of City Manager's Appointment of Assistant City Manager Council Member Godwin moved to confirm the City Manager's appointment of Bob Leiper as Assistant City Manager effective February 12, 1999 with a salary of 95 percent of mid point. Council Member Byford seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None City Manager's Report Lawsuit Settled A summary judgement has been granted in the lawsuit on property use in Country Club. City Attorney Ignacio Ramirez and Assistant City Attorney Karen Horner were commended for their work. 990211 -9 Minutes of the Regular Session — February 11, 1999 Police Department Thanked by Travelers Detective Keith Doughtery received a letter of thanks from a family who were robbed of their possessions when traveling through Baytown. The Police Department recovered and returned their property. Crime Control and Prevention District Report The Council was sent a copy of the first quarterly report to the CCPD Board. Significant Events Brochure Terri Macon and Eileen Hall were commended for their work on the brochure. The hand out was a very professional job. Texas Municipal League Legislative Briefing The Mayor and City Manager attended the TML event in Austin. A briefing will be sent to Council, and a letter will be sent regarding issues. Bayland Park Hotel /Conference Center The administration expects to hear from Edmundson on the term sheet by the end of this month. Adjourn As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk