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2001 09 27 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 27, 2001 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on September 27, 2001, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Mercedes Renteria, III Council Member Ronnie Anderson Council Member Calvin Mundinger Council Member Don Murray Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Monte Mercer City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk Absent was: Coleman Godwin Council Member The meeting was opened with a quorum present and Council Member Mundinger led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the emergency meeting held on September 11, 2001. Council Member Mundinger moved approval of the minutes of the emergency meeting held on September 11, 2001. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider approval of minutes for the regular meeting held on September 13, 2001. Council Member Anderson moved approval of the minutes of the regular meeting held on September 13, 2001. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 2 of 9 Minutes of the Regular Session - September 27, 2001 Consider Proposed OrdinanceNo. 010927-1, awarding the Water Service Line Relocation Project. The ordinance awards the Water Service Line Relocation to Fulkerson's Plumbing in the amount of 532,946.56. Two potential bidders attended the mandatory pre -bid meeting and we received two bids. Fulkerson's Plumbing is the apparent responsible low bidder. The scope of work requires the services of a plumber to connect water service from the water meters to the point of entry of each house. Sixty -four houses on South Burnett, Ward, Pearl, Ruth, and North Sixth Streets will require new service connections. Fulkerson's Plumbing was awarded the Central Heights Water Line Relocation Phase II Project, and met the City's performance expectations. Engineer's estimated construction cost was $40,765. Construction duration is expected to be 45 working days and will be funded by Water Distribution Systems. Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9236 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH FULKERSON PLUMBING FOR THE WATER SERVICE LINE RELOCATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THIRTY -TWO THOUSAND NINE HUNDRED FORTY -SIX AND 561100 ($32,946.56); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 010927 -2, approving Change Order No. 1 to the West Main Street Sanitary Sewer Rehabilitation Project contract. Change Order No. 1 to the contract with E. P. Brady, Inc. for the West Main Street Sanitary Sewer Rehabilitation Project is in the amount of $30,000. This change order is for the relocation of an existing 16 -inch water line to avoid conflicts with the new sanitary sewer. The contract award amount was $451,793.15 and this change order represents a 6.64% cost growth. The contract's original duration of 120 calendar days remains unchanged. Council Member Sheley moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 3 of 9 Minutes of the Regular Session - September 27, 2001 ORDINANCE NO. 9237 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH E.P. BRADY, INC. FOR THE WEST MAIN STREET SANITARY SEWER REHABILITAITON PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 010927 -3, amending Chapter 18 "Buildings and Building Regulations," Article IV "Plumbing Code" of the Code of Ordinances of Baytown, Texas, by adding a new section to be numbered and entitled Section 18466 "Cross- Connection Control Program." This regulation, required by the Texas Natural Resource Conservation Commission in 30 Texas Administrative Code, Chapter 290, Subchapter D., will protect the City's water supply from contamination that could result from cross - connection of the City's distribution system and the systems on private property. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 `BUILDINGS AND BUILDING REGULATIONS," ARTICLE IV "PLUMBING CODE" OF THE CODE OF ORDINANCES OF BAYTOWN, TEXAS, BY ADDING A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 18 -466 "CROSS - CONNECTION CONTROL PROGRAM "; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 010927 -1, designating the City of Baytown's representative and alternate to the General Assembly of the Houston - Galveston Area Council for the year 2002. Council Member Mundinger nominated Council Member Murray as the representative and Mayor Alfaro as his alternate. Council Member Sheley seconded the motion. Council Member Anderson commended Council Member Murray for his service as the Houston - Galveston Area Council representative. The vote follows: Page 4 of 9 Minutes of the Regular Session - September 27, 2001 Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. RESOLUTION NO. 1511% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 2002; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 010927 -2, supporting the Baytown Elderly and Disabled Para - Transit Service Program. The resolution supports Texas Department of Transportation's allocation of $160,000, funded by the 5310 Grant, to provide transportation services for the elderly and disabled in the Baytown area. The American Red Cross and Mustard Seed Ministries were selected to provide transportation services. The American Red Cross will provide transportation services from various originations to local medical facilities, shopping centers, and senior centers. Mustard Seed Ministries will provide transportation services to and from the Houston Medical Center. Both providers will offer these services three (3) days per week. The anticipated start date will be October 1, 2001. Cheryl Wigley asked why the funds could not be used for public transportation. Mayor Alfaro replied that the grant is specific to transportation for the elderly and disabled. Council Member Murray moved adoption of the proposed resolution. Council Member Renteria seconded the motion. Council Member Murray reminded Council that the program was funded for one year. Efforts to renew the grant are required. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. RESOLUTION NO. 1512 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE BAYTOWN ELDERLY AND DISABLED PARA - TRANSIT SERVICE PROGRAM SPONSORED BY THE TEXAS DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 9 Minutes of the Regular Session - September 27, 2001 Consider Proposed Resolution No. 010927 -3, approving the Wheelchair Accessible Transit Program Guidelines. The Wheelchair Accessible Transit Program (Program) will provide seven (7) one -way rides per month not to exceed $15 per ride to approximately 25 income - eligible persons who are wheelchair - bound. This Program will complement the existing Senior /Disabled Citizens' Taxi Program by providing transportation service accessible to wheelchair -bound citizens. Wheelchair -lift vans will be used in the Program. The Program will become effective October 1, 2001. The funding for this Program was previously reviewed by the Community Development Advisory Committee and approved in the 2001 -2002 Community Development Block Grant budget under the Senior/Disabled Citizens' Taxi Program. Council Member Anderson moved adoption of the proposed resolution. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. RESOLUTION NO. 1513 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE WHEELCHAIR ACCESSIBLE TRANSIT PROGRAM GUIDELINES AND THE WHEELCHAIR ACCESSIBLE TRANSIT PROGRAM AGREEMENT; ESTABLISHING THE COMMENCEMENT DATE FOR THE GUIDELINES AND THE USE OF THE AGREEMENT; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approval of plans and specifications and advertisement for bids for West Main Paving & Drainage Improvements. The scope of work includes new 8 -inch thick concrete pavement with 6 -inch concrete curb and replaced or modified storm inlets. Approximately 140 - linear feet of roadway will be filled and raised above the 100 -year flood elevation. Work will commence within a few weeks after the sanitary sewer project is completed and accepted by the City. Estimated construction cost is $650,000 and will be funded by 2000 Certificates of Obligation. The construction duration is estimated to be 150 calendar days. Council Member Sheley moved approval of plans and specifications and advertisement for bids for West Main Paving & Drainage Improvements. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 6of9 Minutes of the Regular Session - September 27, 2001 Consent Agenda a) Proposed Resolution No. 010927 -4 authorizes the City Manager to accept and take necessary actions to accept the supplement of $22,000 to the Houston High Intensity Drug Trafficking Area grant. The Office of National Drug Control Policy has awarded this supplemental funding to all HIDTAs. b) Proposed Ordinance No. 010927 -4, authorizes purchase of OPTICOM Control Systems from H -GAC in the amount of $26,547.27. The H -GAC fee of $773.22 is included. This equipment will be used in the following five locations: • North Main Street @ Ward Road • North Main Street @ James Street • W. Baker Road @ Quail Hollow • North Alexander @ East James • Garth Road @ Riceland/Baytown Central Currently, OPTICOM Control Systems are used at 20 intersections in the City. C) Proposed Ordinance No. 010927 -5, awards the first renewal of the annual heating, ventilation and air conditioning contract to Bay Temperature Control, Inc., in the amount of $105,750.35. Bay Temperature submitted a written request to renew the existing contract for the same terms and conditions with the allowable CPIU 2.7% increase. 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. This contract includes two sections. Section I provides monthly preventative maintenance for 33 City locations and includes changing and/or cleaning of filters. Section II provides for repairs and replacement of HVAC equipment and materials. All material and equipment will be priced at actual cost plus 15 %. Hourly service call labor rate will be $43.65. d) Proposed Ordinance No. 010927 -6, establishes as a one -way street (eastbound) the cut - through roadway paralleling W. Lynchburg -Cedar Bayou Road near its intersection with North Main Street. At its June 20, 2001 meeting, the Growth Management and Development Advisory Commission approved the recommendation that City Council restrict traffic flow to one -way eastbound (currently in place as a temporary traffic control measure) at the cut - through roadway paralleling Lynchburg -Cedar Bayou Road near its intersection with North Main Street. Kimley -Horn and Associates, Inc. (KHA) evaluated the traffic operations of the cut - through roadway, and upon completion of the technical analysis and discussion with staff, KHA recommended making the street one -way. This recommendation is cost - effective at improving operations and safety at the cut - through and signalized intersection. Page 7 of 9 Minutes of the Regular Session - September 27, 2001 Council Member Sheley moved adoption of the consent agenda, items a through d. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1514 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO ACCEPT ADDITIONAL FUNDING UNDER A FEDERAL GRANT FROM THE OFFICE OF NATIONAL DRUG CONTROL POLICY FOR THE COOPERATIVE AGREEMENT PERTAINING TO THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9239 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY -SIX THOUSAND FIVE HUNDRED FORTY -SEVEN AND 27/100 DOLLARS ($26,547.27) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF OPTICOM TRAFFIC PREEMPTION EQUIPMENT FOR FIVE (5) INTERSECTIONS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL HEATING, VENTILATION AND AIR - CONDITIONING (HVAC) CONTRACT WITH BAY TEMPERATURE CONTROL, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FIVE THOUSAND SEVEN HUNDRED FIFTY AND 35/100 DOLLARS ($105,750.35); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9241 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CUT - THROUGH ROADWAY PARALLELING LYNCHBURG -CEDAR BAYOU ROAD AT ITS INTERSECTION WITH NORTH MAIN STREET AS A ONE -WAY STREET EASTBOUND; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 8 of 9 Minutes of the Regular Session - September 27, 2001 Consider appointments to Baytown Animal Control Advisory Committee. The terms of Mike Lester, Director of Health, Gary Cochran, Police Captain, and Cynthia Lipps expired on September 26, 2001. These terms are for two years. Dr. Lipps fills the position for a licensed veterinarian, Mr. Lester fills the position for the Director of Health, and Captain Cochran fills the position for the Chief of Police. Dr. Lipps and Captain Cochran attended all of the four meetings held in the last year. Mr. Lester attended three of the four meetings. Each person has agreed to serve if reappointed by council. Council Member Sheley moved to appoint Mike Lester, Director of Health, Gary Cochran, Police Captain, and Dr. Cynthia Lipps to Baytown Animal Control Advisory Committee. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. City Manager's Report. Manager Mercer suggested to Council that the two November meetings that would have been held on the 8`h and 22nd be cancelled and rescheduled for November 6`h and November 20`h, due in part to the Thanksgiving holiday. He noted that historically, the City Council also cancels the second meeting in December. He said that a resolution canceling these meetings and rescheduling the November meetings will be included on the agenda of the next meeting for Council action. Mr. Mercer said that Council would be receiving information regarding redistricting shortly. Mr. Mercer announced that the Texas Department of Transportation had approved $17.3 million to complete the last segment of Spur 330/Decker Drive. Mr. Mercer said that a special meeting could be required due to a sinkhole on the Rollingbrook Bridge. Mr. Mercer introduced Gregory Stubbs, the new Planning Director. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Page 9 of 9 Minutes of the Regular Session - September 27, 2001 Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion tamed. There being no further business, the meeting adjourned at 6:52 p.m. G Smith City Clerk el