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.
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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.
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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.
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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
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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:
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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
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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
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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
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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.
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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
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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.
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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