Loading...
2000 07 27 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 27, 2000 The City Council of the City of Baytown, Texas, met in regular session on July 27, 2000, at 6:30 p.m., in the Council Chamber of the Baytown City Hall with the following in attendance: Ronnie Anderson Council Member Calvin Mundinger Council Member Don Murray Council Member Coleman Godwin Council Member Pete C. Alfaro Mayor Monte Mercer City Manager Ignacio Ramirez City Attorney Gary W. Smith City Clerk Absent: Victor Almendarez Council Member Scott Sheley Council Member The meeting was opened with a quorum present, and Council Member Godwin 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 July 13, 2000 Council Member Mundinger moved to approve the minutes. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, and Godwin Mayor Alfaro Nays: None The motion carried. 20000727 -2 Minutes of Regular Session — July 27, 2000 Consider Proposed Ordinance No. 000727 -1 Setting The Time, Date, And Place For A Public Hearing To Adopt And Amend Rules Governing Plats And Subdivisions Of Land Within The City Of Baytown For August 24, 2000, At 6:35 P.M. This public hearing is required by Section 212.002 of the Texas Local Government Code and must occur prior to council adopting or amending rules governing plats and subdivisions of land. The proposed change to the city's current subdivision ordinance pertains to the period of time related to approval of a proposed subdivision plat. This proposed change is designed to promote the health, safety, morals, and general welfare of the city and the safe, orderly, and healthful development of the city. The Growth Management and Development Advisory Commission reviewed this issue at its meeting held on July 19, 2000. Prior to Council's consideration of the ordinance incorporating the proposed change, both the City's administration as well as the Growth Management and Development Advisory Commission will make a recommendation to the City Council. Council Member Murray moved to adopt the ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, and Godwin Mayor Alfaro Nays: None The motion carried. ORDINANCE NO. 8953 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO THE RULES GOVERNING PLATS AND SUBDIVISIONS OF LAND WITHIN THE CITY OF BAYTOWN AND ITS EXTRATERRITORIAL JURISDICTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 20000727 -3 Minutes of Regular Session — July 27, 2000 Consider Proposed Ordinance No. 000727 -2 Authorizing A Professional Services Agreement With Vinson & Elkins, L.L.P. ( "V &E ") Concerning The City's Response To The U.S. Army Corps Of Engineer's Issuance Of A Permit To Sanchez Oil & Gas Corporation To Drill In Burnett Bay V &E has assisted the City in monitoring the Corps actions concerning Sanchez's application for the Permit prior to the Permit's issuance. Expenses to date are approximately $5,000. Since the Permit has now been issued, the City desires for V &E to continue to advise it on various options which the City may pursue in its efforts to prevent drilling activities in the bay. Specifically, the City may wish to consider litigation or non - litigation strategies. However, at this stage in the process, the City believes that non - litigation strategies may prove more effective. Specifically, this ordinance authorizes V &E to assist the City in monitoring Sanchez's activities in the Bay to ensure that they are in compliance with the Permit, reporting any Permit violations, and requesting the Corps to take the necessary enforcement actions against Sanchez concerning any violations, including suspending or revoking the Permit. Furthermore, V &E will perform a review of the decision of the Corps to issue the Permit to ascertain whether the issuance could be successfully challenged in court. The estimated costs of these services total $7,000. Council Member Mundinger moved to adopt the ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, and Godwin Mayor Alfaro Nays: None The motion carried. ORDINANCE 8954 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 VINSON & ELKINS, LLP., CONCERNING THE CITY'S RESPONSE TO THE U.S. ARMY CORPS OF ENGINEER'S ISSUANCE OF A PERMIT TO SANCHEZ OIL & GAS CORPORATION TO DRILL IN BURNETT BAY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 20000727 -4 Minutes of Regular Session — July 27, 2000 Consider Proposed Ordinance No. 000727 -3 Authorizing the Conveyance of A Pipeline Easement Comprised of Two Strips of Land Totaling Approximately 0.034 Acres to Cowboy Pipeline Service Company ( "Cowboy ") This acreage includes property owned by the City for a lift station site, and the proposed use will not affect the functioning or maintenance of the lift station. The easement will be used for the operation of one ten - inch pipeline, including fittings, corrosion control equipment, and other supporting equipment, for the transportation of hydrogen underground. Pursuant to this easement, Cowboy has agreed as follows: ➢ to complete the work in an expedient manner and to restore the property after the construction or any subsequent repair or maintenance; ➢ that the City may use the property for which the easement is granted so long as such use does not unreasonably interfere with Cowboy's use of the same; ➢ to design, construct and operate the pipeline in accordance with all applicable governmental rules and regulations; ➢ to protect the City from any damages or injuries which may arise due to the pipeline; ➢ to encase, raise, lower or otherwise alter the pipeline to accommodate the installation of roads, streets, railroads, utilities or other facilities; ➢ to notify the City prior to entering the property after initial construction; and ➢ to remove the pipeline and restore the land to its original condition if the pipeline has been abandoned or not used for twenty-four consecutive months. In exchange for this easement, Cowboy has agreed to pay $15,753.00, which is $175 per rod (16.5 feet). Additionally, this ordinance approves a pipeline permit for Cowboy Pipeline Service Company, to install a ten -inch pipeline from north of Rollingbrook Drive to the city limits at the Fred Hartman Bridge. The line will carry hydrogen and will cross the following streets within the City: Rollingbrook Drive, North Airhart Street, Park Street, Meyers Street, Hunter Street, Doris Street, West Texas Avenue, J. B. LeFevre Road, Market Street, West Main Street, and Missouri Street. Council Member Mundinger moved to adopt the ordinance. Council Member Murray seconded the motion. In response to inquiry from Council, Jack Curtsinger, Professional Engineer with Cowboy Pipeline, stated that the origin point was not the Exxon Refinery, but a point north of the Exxon Refinery. He said the line currently goes into the refinery and since the pipeline under the channel was being replaced, the pipeline outside the refinery to the south would be terminated and removed. He said Cowboy was now constructing, north of the 20000727 -5 Minutes of Regular Session — July 27, 2000 refinery, a ten -inch line to replace the six -inch line laid several years ago. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, and Godwin Mayor Alfaro Nays: None The motion carried. ORDINANCE NO. 8956 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF AN 0.034 -ACRE PIPELINE EASEMENT TO COWBOY PIPELINE SERVICE COMPANY AND APPROVING THE APPLICATION OF COWBOY PIPELINE SERVICE COMPANY FOR ONE NEW PIPELINE TO BE CONSTRUCTED WITHIN THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING AND INSPECTIONS TO ISSUE PERMITS THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 000727 -4 Awarding the Engineering Service Contract to Claunch and Miller, Inc. to Prepare Plans and Specifications for the West Main Street Sanitary Sewer Rehabilitation Project Compensation for basic services will be a lump sum of $37,500 for basic engineering service plus $30,910 budgeted for consultant services (i.e. surveying, geotechnical, and material testing) and reimbursable expenses. The scope of work includes a preliminary engineering report and design of rehabilitating or replacing the existing sanitary sewer along West Main Street between Lee Drive and Barrymore Boulevard and a traffic control plan. The estimated construction cost is $400,000. This will be funded by 2000 Certificates of Obligation. Council Member Anderson moved to adopt the ordinance. Council Member Murray seconded the motion. The vote follows: 20000727 -6 Minutes of Regular Session — July 27, 2000 Ayes: Council Members Anderson, Mundinger, Murray, and Godwin Mayor Alfaro Nays: None The motion carried. ORDINANCE NO. 8956 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH CLAUNCH & MILLER, INC., TO PREPARE PLANS AND SPECIFICATIONS FOR THE WEST MAIN STREET SANITARY SEWER REHABILITATION; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY - EIGHT THOUSAND FOUR HUNDRED TEN AND NO1100 DOLLARS ($68,410.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 000727 -5 Authorizing a Professional Services Agreement with Richard A. Peebles, P.C., and Mehaffy & Weber, a Professional Corporation ( "The Firm ") The ordinance authorizes appropriate legal action to recover damages relating to the design, development, construction, and the oversight of the construction and development of Phase I of Bayland Park Project, which includes the restaurant and ships store (the "Project "). Senterra Development, L.L.C., Wilson Architectural Group, and Turner Construction Company were involved in the design and development of the Project. Since completion, the City has diligently worked with these companies to correct defects and errors made. The City desires to continue its efforts with the assistance of the Firm, as the Firm has been successful in handling similar claims in the past. This ordinance authorizes a professional services agreement wherein the Firm will pursue all remedies available to the City and, in exchange therefor, will receive the following only if it is successful on the merits of the case: Settlement before suit is filed 25 percent of monies and benefits recovered Award or settlement after suit is filed 35 percent of monies and benefits recovered 20000727 -7 Minutes of Regular Session — July 27, 2000 The City will pay certain reasonable and necessary expenses of prosecuting the case. Such expenses will be submitted for approval before being incurred. Council Member Godwin moved to adopt the ordinance. Council Member Murray seconded the motion. In response to inquiry from Council, City Attorney Ramirez stated that the agreement was a straight contingency but that the cost of prosecuting, the court costs, the cost of experts, would be paid by the City, and the agreement was the same as the one with Goose Creek Consolidated Independent School District and other school districts. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, and Godwin Mayor Alfaro Nays: None The motion carried. ORDINANCE NO. 8957 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 RICHARD A. PEEBLES, P.C., AND MEHAFFY & WEBER, A PROFESSIONAL CORPORATION, TO TAKE APPROPRIATE LEGAL ACTION TO RECOVER DAMAGES RELATING TO THE DESIGN, DEVELOPMENT, CONSTRUCTION AND OVERSEEING THE CONSTRUCTION AND DEVELOPMENT OF PHASE I OF BAYLAND PARK PROJECT, WHICH INCLUDES THE RESTAURANT, MARINA AND SHIPS STORE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 000727 -1 Supporting the Concept of Adopting Dormagen, Germany, as a Sister City The resolution will state the City's support of further investigation of the possibilities of adopting Dormagen, Germany as a sister city of Baytown. By this action, the City will join with other local entities to determine the benefits that would come from the relationship. Council Member Mundinger moved to adopt the resolution. Council Member Anderson seconded the motion. The vote follows: Minutes of Regular Session — July 27, 2000 Ayes: Council Members Anderson, Mundinger, Murray, and Godwin Mayor Alfaro Nays: None The motion carried. RESOLUTION NO. 1450 20000727 -8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE CONCEPT OF ADOPTING DORMAGEN, GERMANY, AS A SISTER CITY AND DIRECTING THE CITY ADMINISTRATION TO RESEARCH THE POSSIBILITY OF ENTERING INTO A SISTER CITY RELATIONSHIP WITH DORMAGEN, GERMANY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda Council considered the consent agenda items "a" through "d." a. Proposed Ordinance No. 000727 -6 authorizes the sole source purchase of full NCIC/TCIC support from within Computer Aided Dispatch and Record Management Systems along with full Mobile Workstation Support from Versaterm Incorporated, for the Police Department in the amount not to exceed $367,168. This purchase is part of the enhanced communication system program funded through the Crime Control & Prevention District and will provide hardware /software so police units can utilize laptop computers (MDT's) in the field. These devices will improve service delivery and enhance employee safety. b. Proposed Ordinance No. 000727 -7 authorizes the purchase of thirty Panasonic CF 27 laptop computers to be used as mobile data terminals in police vehicles. The vendor, Portable Computer Systems, Inc. is on the State of Texas QISV list which satisfies the requirements for competitive proposals. The cost of the computers is an amount not to exceed $125,400. This purchase is part of the enhanced communication system program funded through the Crime Control & Prevention District. C. Proposed Ordinance No. 000727 -8 authorizes the sole source purchase of fifty -four full assembly laptop console mounts to be installed in police vehicles from Precision Mounting Technologies in an amount not to exceed $49,608.18. This is part of the enhanced communication system funded through the Crime Control & Prevention District. Twenty -four of 20000727 -9 Minutes of Regular Session — July 27, 2000 the mounts are funded through the Law Enforcement Block Grant and will provide mounts for the remainder of the fleet. d. Proposed Ordinance No. 000727 -9 authorizes the purchase of fifty -four Motorola VRM 650 high power modems and accessories from H -GAC for the Police Department in an amount not to exceed $161,352. This purchase is part of the enhanced communication system program funded through the Crime Control & Prevention District. Twenty -four of the modems and accessories are funded through the Law Enforcement Block Grant and will provide the equipment for the remainder of the fleet. Council Member Mundinger moved to adopt the consent agenda items "a" through "d." Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, and Godwin Mayor Alfaro Nays: None The motion carried. ORDINANCE NO. 8958 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF THREE HUNDRED SIXTY -SEVEN THOUSAND ONE HUNDRED SIXTY -EIGHT AND NO1100 DOLLARS ($367,168.00) TO VERSATERM, INC., AS THE SOLE SOURCE FOR PURCHASE OF FULL NCIC/TCIC SUPPORT FROM WITHIN COMPUTER AIDED DISPATCH AND RECORD MANAGEMENT SYSTEMS ALONG WITH FULL MOBILE WORKSTATION SUPPORT FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8959 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY -FIVE THOUSAND FOUR HUNDRED AND NO /100 DOLLARS ($125,400.00) TO PORTABLE COMPUTER SYSTEMS, INC., FOR THE PURCHASE OF THIRTY (30) PANASONIC CF -27 LAPTOP COMPUTERS FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 20000727 -10 Minutes of Regular Session — July 27, 2000 ORDINANCE NO. 8960 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF FORTY -NINE THOUSAND SIX HUNDRED EIGHT AND 181100 DOLLARS ($49,608.18) TO PRECISION MOUNTING TECHNOLOGIES AS THE SOLE SOURCE FOR THE PURCHASE OF FIFTY -FOUR (54) FULL ASSEMBLY LAPTOP CONSOLE MOUNTS FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8961 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SIXTY -ONE THOUSAND THREE HUNDRED FIFTY -TWO AND NO1100 DOLLARS ($161,352.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF FIFTY -FOUR (54) MODEMS AND ACCESSORIES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Appointments to the Downtown Revitalization Committee Council will consider this item at a future time. Receive 2001 Bond Steering Committee Appointments Of Subcommittee Chairpersons Mayor Alfaro announced that the 2001 Bond Steering Committee Co- Chairs have made the following appointments: Sidewalks, Streets, Signalization Parks Public Buildings Automation and Equipment Utilities Finance Chair Mike Wilson Bill Gilbert Vivian Hemphill Joe Simon Reggie Brewer Vice -Chair Tommy Jones Merle Hunt Al Weatheral John Adams 20000727 -11 Minutes of Regular Session — July 27, 2000 City Manager's Report Budget Work Session The budget work sessions will be held: August 7 at 7:30 a.m. August 8 at 5:30 p.m. August 9 at 5:30 p.m. There will be another work session August 8 at 5:00 p.m. to provide information concerning operations at the Baytown Olefins Plant. Jory Lester and Kelly Riggs Commended The City Manager commended Jory Lester and Kelly Riggs for passing the Cisco Certified Network Associate Test. He recognized Asim Khan and Dennis Wells for the quality of work they do in ITS. Temporary Directional Signs The City is sending letters to homebuilders so they will be aware of the requirements. Drought The Baytown Area Water Authority plant is at maximum production. Consumption appears to have reached a plateau. The expansion that is taking place at BAWA will be on line next summer and will increase capacity to 26 MGD with a maximum that will be a little higher than that. We are having water breaks, and our crews are working very hard to address those. Our water rehab crew has helped us a lot in the last few years by replacing pipe. Mayor Alfaro's Comments Mayor Alfaro requested that a moment of silence be observed in honor of Marciene Lanham who passed away during the past week. Mrs. Lanham was the wife of former City Manager Fritz Lanham. 20000727 -12 Minutes of Regular Session —July 27, 2000 Adjourn As there was no further business to be transacted, the meeting was adjourned. GarVW. 8mith, City Clerk