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2001 05 24 CC MinutesW MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 24, 2001 The City Council of the City of Baytown, Texas, met in regular session on May 24, 2001, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Victor Almendarez Council Member Calvin Mundinger Council Member Don Murray Council Member Ronnie Anderson Council Member Coleman Godwin Council Member Pete C. Alfaro Mayor Monte Mercer City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The following Council Member was absent: Scott Sheley Council Member The meeting was opened with a quorum present and Council Member Almendarez led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes for the work session and regular meeting held on May 10, 2001. Council Member Murray moved approval of the minutes. The motion was seconded by Council Member Mundinger. The vote follows: Ayes: Council Members Mundinger, Murray and Godwin Mayor Alfaro Nays: None. Abstentions: Council Members Almendarez and Anderson. The motion carried. Page 2 of 2 Minutes of the Regular Session —May 24, 2001 Consider Ordinance No. 010524 -1, establishing the time, date and place of a public hearing on the creation of Tax Increment Reinvestment Zone No. 1, comprising 350 acres near the intersection of Garth Road and Interstate Highway 10, authorizing publication of the notice, and authorizing notice to taxing entities and presentations. Proposed Ordinance No. 010524 -1, establishes the time, date and place for a public hearing concerning the creation of Tax Increment Reinvestment Zone No. 1, comprised of 350 acres near the intersection of Garth Road and Interstate Highway 10, authorizes publication of the notice, and authorizes notice to taxing entities and presentations. The hearing will be at 6:45 p.m., Thursday, July 26, 2001, in the Council Chamber. Texas Tax Code, Section 311.003 requires the City Council to hold a public hearing on the creation of the zone and its benefits to the municipality and to property in the proposed zone. At the hearing interested persons may speak for or against the creation of the zone, its boundaries, or the concept of tax increment financing. Notice of the hearing must be published in the Baytown Sun not later than the seventh day before the date of the public hearing and this ordinance authorizes the City Clerk to publish the notice. The proposed ordinance authorizes the City Manager to provide the requisite 60 -day notice of the taxing entities and make the mandatory presentations. Council Member Mundinger moved approval of the ordinance. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Murray and Mundinger Mayor Alfaro Nays: None. The motion carried. ORDINANCE NO. 9161 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING CONCERNING THE CREATION OF REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN AND ITS BENEFITS TO THE CITY AND TO THE PROPERTY WITHIN THE ZONE; AUTHORIZING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AUTHORIZING AND DIRECTING THE CITY MANAGER TO GIVE NOTICE AND MAKE PRESENTATIONS AS REQUIRED BY THE TAX INCREMENT FINANCING ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 3 of 3 Minutes of the Regular Session —May 24, 2001 Consider Proposed Ordinance 010524 -2, authorizing an interlocal agreement with Missouri City for concrete raising services. Proposed Ordinance No. 010524 -2, authorizes an Interlocal Agreement with Missouri City for Concrete Raising Services with Concrete Raising Corporation of Texas (CRC) for the Public Works Department. This interlocal agreement will allow the Public Works Department to operate a pilot program to raise concrete surfaces to the proper grade without the replacement of the surface. The pilot program will not last longer than October 31, 2001. Funding is available in the Street/Sidewalk replacement account. The project unit prices will be as follows: Roadway (average void of 2 ") S 16.75 /linear ft. Large Concrete Slabs 2.55 /square ft. Sidewalks 8.00 /linear ft. Council Member Almendarez moved approval of the ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Murray and Mundinger Mayor Alfaro Nays: None. The motion carried. ORDINANCE NO. 9162 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN INTERLOCAL AGREEMENT WITH THE CITY OF MISSOURI CITY FOR THE ANNUAL CONCRETE RAISING SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 010524 -3, approving Change Order No. 2 to the contract and final payment on Work Order 8 and acceptance of the work on the Annual Sanitary Sewer Rehabilitation Project – Year 2000. Proposed Ordinance No. 010524 -3, approves Change Order No. 2 in the amount of $16,090.65, approves final payment on Work Order 8 of $96,343.40 to P.M. Construction and Rehabilitation, L.P., and accepts the Annual Sanitary Sewer Rehabilitation Project – Year 2000. The cost increase was largely due to additional pavement removal and replacement required on Work Order 8, which was unanticipated. The original contract was for $848,800 and Change Orders No. 1 and 2 adjust the final contract amount to $878,890.65, which represents a 3.5% increase. The contract's original duration was 365 Page 4 of 4 Minutes of the Regular Session —May 24, 2001 calendar days and the contractor completed the work in 312 calendar days. This work was funded by 2000 Certificates of Obligation. Council Member Almendarez moved approval of the ordinance. Council Member Anderson seconded the motion. City Manager Mercer explained that the Interlocal Agreement will allow the City to operate the pilot program without the necessity and expense of public bidding. If the pilot program is successful, competitive bids will be sought. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Murray and Mundinger Mayor Alfaro Nays: None. The motion carried. ORDINANCE NO. 9163 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 AND FINAL PAYMENT ON WORK ORDER NO. 8 WITH P.M. CONSTRUCTION AND REHABILITATION, L.P., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE ANNUAL SANITARY SEWER REHABILITATION CONTRACT - YEAR 2000; AUTHORIZING FINAL PAYMENT OF THE SUM OF NINETY -SIX THOUSAND THREE HUNDRED FORTY -THREE AND 40/100 DOLLARS ($96,343.40) TO P.M. CONSTRUCTION AND REHABILITATION, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 010524-4, awarding contract and deduct Change Order No. 1 for the construction of portions of the Baytown Nature Center. Proposed Ordinance No. 010524 -4, awards the contract to D & W Contractors, Inc. in the amount of $574,590 and approves deduct Change Order No. 1 in the amount of $50,000 for the construction of portions of the Baytown Nature Center. One bid was received. One bid was received after the deadline and was disqualified. The project will include the construction of several items in the Nature Center including walking trails, parking lots, a 600 foot surge barrier and wetlands creation at San Jacinto Point, two fishing piers, picnic sites, benches, salt -water marsh observation platform, a 1 %2 acre fresh -water pond with an observation platform, a butterfly/hummingbird garden, fitness stations, and an educational pavilion at Wooster Point. Construction is expected to take 150 working days. Deduct Change Order No. 1 will reduce the contract amount by $50,000 by deleting the horseshoe pits, picnic tables and benches, and landscaping and plant materials in the butterfly gardens from the site amenities allowances. $125,000 will come from the 1999 CO Bond Program, $370,000 from a Texas Parks and Wildlife Grant, $15,000 from a Galveston Bay Estuary Program Grant, and $14,590 in donations. Page 5 of 5 Minutes of the Regular Session —May 24, 2001 Our architect, Bob Randall of Randall/Porterfield Architect Inc., has reviewed the bid and recommends approval. Council Member Murray moved approval of the ordinance. Council Member Mundinger seconded the motion. City Manager Mercer explained that the contractor proposed for the project has successfully completed several projects for the City and the bid submitted was reasonable in comparison to the architect's estimates. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Murray and Mundinger Mayor Alfaro Nays: None. The motion carried. ORDINANCE NO. 9164 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH D & W CONTRACTORS, INC., FOR THE CONSTRUCTION OF PORTIONS OF THE BAYTOWN NATURE CENTER; AUTHORIZING DEDUCT CHANGE ORDER NO. # 1 WITH D & W CONTRACTORS, INC., DELETING FROM THE SCOPE OF WORK SITE AMENITIES ALLOWANCES; AUTHORIZING PAYMENT OF THE SUM OF FIVE HUNDRED TWENTY -FOUR THOUSAND FIVE HUNDRED NINETY AND N01100 DOLLARS ($524,590.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda: a. Proposed Ordinance No. 010524 -5, awards the first year renewal of the annual Residential Solid Waste Collection and Disposal Services contract with Waste Management of Texas in the amount of $1,629,678.96. Waste Management submitted a written request to renew the current contract with the allowable CPIU increase. Based on a 3.3% CPIU, the unit price is $8.19 per residential unit for 16,582 residential units. The monthly cost is $135,806.58. The current year unit price is $7.93 per residential unit per month based on 16,500 residential units. The Consumer Price Index for all Urban Areas (CPIU) is an economic indicator most widely used to measure inflation for prices of goods and services purchased for consumption by urban households. The CPIU is an average based on the previous 12 months. Page 6 of 6 IN Minutes of the Regular Session —May 24, 2001 b. Proposed Ordinance No. 010524 -6, awards the first renewal of the annual Recycling Center Services contract to Waste Management of Texas in the amount of $68,760. Waste Management has submitted a written request to renew the current contract for the same pricing, terms and conditions. The monthly charge for operation of the Recycling Center is $2,850. The monthly cost for 12 hauls per month is $2,880 and the price per haul is $240. C. Proposed Ordinance No. 010524 -7, authorizes a contract with YMCA of the Greater Houston Area for Youth Summer Recreation Programs in the amount of $ 15,310 (an increase of approximately $788 over last year). The programs are operated by the Baytown YMCA. For the last eight years, the City has had a contract with the YMCA for this program, which has been very successful. The YMCA has the available resources, including vans for transporting participants and an outreach coordinator, who will supervise the programs. The agreement includes Tennis Program, a Parks Program, a Camp Fun Special Population Program working with the physically challenged, and a Summer Day Camp Program. For more details of the programs, see Exhibits "A" and `B" attached to the proposed ordinance. d. Proposed Ordinance 010524 -8, renews the traffic signal repair services contract with Southwest Signal Supply, Inc. in the amount of $25,000. Southwest Signal Supply submitted a written request to renew the contract for the same pricing, terms and conditions. Quantities remain the same. This contract will be used for miscellaneous traffic signal repair services for various locations throughout the city. e. Proposed Ordinance 010524 -9, abandons a five -foot utility easement between Lots 2 and 3 in Block 1 of Forest Gate Subdivision. Mark and Nan Tiller own both lots and desire to build a new home utilizing both lots. This abandonment will allow the Tillers to build their home on both lots. There are no utilities in the easement. Reliant Energy has released their interest in the easement. No other utility has raised any objection to the abandonment. Pursuant to our policy, upon approval by City Council, the easement will be abandoned and conveyed by quitclaim deed upon payment by the Tillers of the fair market value of the easement. The proposed ordinance authorizes execution and delivery of the deed upon payment. f. Proposed Resolution No. 010524 -1, calls a special council meeting for Tuesday, June 5, 2001 at 8:00 a.m. to canvass the returns of the June 2, 2001 run -off election. The Texas Election Code requires the governing body to canvass the returns of an election no sooner than two days, nor more than six days, after the date of the election. IN Page 7 of 7 Minutes of the Regular Session —May 24, 2001 Council Member Almendarez moved approval of the consent agenda, items a through f. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin, Murray and Mundinger Mayor Alfaro Nays: None. The motion carried. ORDINANCE NO. 9165 AN ORDINANCE RENEWING THE CONTRACT OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE MILLION SIX HUNDRED TWENTY -NINE THOUSAND SIX HUNDRED SEVENTY -EIGHT AND 96/100 DOLLARS ($1,629,678.96); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9166 AN ORDINANCE RENEWING THE CONTRACT OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL RECYCLING CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY - EIGHT THOUSAND SEVEN HUNDRED SIXTY AND NO /100 DOLLARS ($68,760.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9167 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH THE YMCA OF THE GREATER HOUSTON AREA FOR YOUTH SUMMER RECREATION PROGRAMS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTEEN THOUSAND THREE HUNDRED TEN AND NO /100 DOLLARS ($15,310.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. N Page 8 of 8 Minutes of the Regular Session —May 24, 2001 ORDINANCE NO. 9168 AN ORDINANCE RENEWING THE CONTRACT OF SOUTHWEST SIGNAL SUPPLY, INC., FOR THE ANNUAL TRAFFIC SIGNAL REPAIR SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($25,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, PROVIDING THAT A PORTION OF A UTILITY EASEMENT BE VACATED, ABANDONED AND CLOSED; PROVIDING FOR THE QUITCLAIMING OF THE CITY'S INTEREST IN SAID PROPERTY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. RESOLUTION NO. 1490 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON JUNE 5, 2001, AT 8:00 A.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS, TO CANVASS THE RETURNS OF THE JUNE 2, 2001, RUN -OFF ELECTION AND TO ADMINISTER THE OATH OF OFFICE TO THE NEWLY ELECTED COUNCIL MEMBER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Manager's Report. The Memorial Day Ceremony will be held at Bicentennial Park on Monday, May 28, 2001, at 1:30 p.m. Council Members were asked to check their calendars to see if Thursday, June 21, 2001, at 6:00 p.m. would be a convenient day for a meeting to discuss budget priorities. Conduct an appeal hearing of the decision of the Urban Rehabilitation Standards Review Board to demolish the structure at 118 E. Cleveland Street, at the request of Arthur Lashley. On May 7, 2001, the Urban Rehabilitation Standards Review Board heard the case involving the property located at 118 E. Cleveland. At the conclusion of the hearing, the Board ordered the demolition of the structure. On May 11, 2001, Arthur Lashley, owner of the property, filed his appeal of the decision to the City Council. page 9 of 9 Minutes of the Regular Session —May 24, 2001 No action was required on the requested appeal bearing because an agreement had bean entcied between the City and the property owner for the repair of the structure at 118 E. Cleveland Street. Mayor Alfaro recognized Council Member Almendarez fnt his service to his district and the community. :Adjourn. There being no further business, Council Member Godwin moved adjournment of the meeting. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Almendarez, Anderson, Godwin. Murray and Mundhrger Mayor Al lirro Nays: Noce, The meeting adjourned to 0:47 I mt. h Gan ` W S title City Clerk