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2001 11 06 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 6, 2001 6:30 p.m. The City Council of the City of Baytown, Texas, met in special session on November 6, 2001, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Mercedes Renteria, III Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Scott Sheley Pete C. Alfaro Monte Mercer Karen Horner Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager First Assistant City Attorney City Clerk The meeting was opened with a quorum present. Mayor Alfaro recognized the high school students present from Ms. White's class at Sterling High School. Council Member Godwin led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the work session held on October 25, 2001. Consider approval of minutes of the regular meeting held on October 25, 2001. Council Member Godwin moved approval of the minutes of the work session and the regular meeting held on October 25, 2001. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider approval of minutes of the work session held on October 27, 2001. Council Member Sheley moved approval of the minutes of the work session held on October 27, 2001. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 2 of 9 Minutes of the Special Session - November 6, 2001 Consider Proposed Resolution No. 011106 -1, approving and authorizing execution of a supply agreement with a retail electric provider through the H -GAC Energy Purchasing Corporation; approving initial proposal pricing and appointing an authorized representative. On May 10, 2001, Council passed a resolution authorizing the City to participate in the H -GAC Energy Purchasing Corporation ( "H- GAC ") for the purchase of electricity. H -GAC has negotiated an agreement with TXU Energy Services. The proposed resolution approves the electric supply agreement and authorizes the City's representative Monte Mercer to execute the agreement dependent upon the final pricing which will be released to the City on November 13, 2001. If this resolution is passed, the City will be required to purchase electricity through H- GAC if the pricing is less than the indicative price, which is as follows: Term 12 Month 24 Month TXU Indicative Energy Price $0.0415706 $0.0415950 Transmission & Distribution Charges $0.0094038 $0.0094038 Aggregation Fee $0.0004500 $0.0004500 Total $0.0514244 $0.0514488 The City is currently paying approximately $.08 per kilowatt -hour. Because of this proposed savings and the likelihood that the fuel adjustment charge will increase over the next year, the City staff recommends that Council approve the two -year agreement. Council Member Murray moved adoption of the proposed resolution. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1519 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND AUTHORIZING EXECUTION OF A "SUPPLY AGREEMENT" WITH A RETAIL ELECTRIC PROVIDER, APPROVING INITIAL PROPOSAL PRICING; APPOINTING AUTHORIZED REPRESENTATIVES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 3 of 9 Minutes of the Special Session - November 6, 2001 Consider Proposed Ordinance No. 011106 -1, authorizing the purchase of a 1,500 gallon - per- minute fire engine. This purchase, through the Houston - Galveston Area Council (H -GAC), replaces a 1978 Ward LaFrance 1,000 GPM engine. This apparatus features an enclosed cab similar to the apparatus we have been purchasing since 1993 and will provide enclosed cab apparatus at all fire stations. Delivery is in approximately seven months. The cost of the fire engine is $330,517, inclusive of the $4,097 H -GAC fee. Approximately $10,000 more will be spent on additional equipment. $350,000 was budgeted for this purchase. This will be funded by 2001 Bonds. Council Member Sheley moved adoption of the proposed ordinance. Council Member Murray seconded the motion. In response to a question from Council, City Manager Mercer explained that under normal conditions, fire engines are used as front -line equipment for 10 to 12 years, then held in reserve until they are about 20 years old. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9259 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED THIRTY THOUSAND FIVE HUNDRED SEVENTEEN AND NO /100 DOLLARS ($330,517.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF A 1,500 GALLON - PER- MINUTE FIRE ENGINE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 011106 -2, awarding the emergency Rollingbrook Storm Sewer Repair Project. The proposed ordinance awards the emergency Rollingbrook Storm Sewer Repair Project to Excalibur Construction, Ltd. in the amount of $46,825. Four potential bidders attended the mandatory pre -bid meeting and we received two bids. Excalibur Construction, Ltd. is the apparent low responsible bidder. The scope of work is to excavate and remove approximately 115 feet of existing storm sewer, install 115 feet of reinforced concrete pipe with bedding and backfill and slope -pave both sides of the channel with 5" reinforced concrete. All work is between two existing bridges with limited working room. Engineer's estimated construction cost was $50,000. Construction duration is 30 calendar days and will be funded by 1994 General Obligation Bonds. Because the pavement on both sides of the road adjacent to the sinkhole is in danger of failure, prompt action is necessary. Pursuant to Texas Local Government Code, Section 252.022(a)(3), this contract is exempt from competitive bidding. The unforeseen failure of the storm drain poses risk to Rollingbrook Drive. Page 4 of 9 Minutes of the Special Session - November 6, 2001 Council Member Sheley moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9260 AN ORDINANCE DECLARING THAT AN EMERGENCY SITUATION EXISTS, AUTHORIZING THE PAYMENT OF THE SUM OF FORTY -SIX THOUSAND EIGHT HUNDRED TWENTY -FIVE AND NO /100 DOLLARS (S46,825.00) TO EXCALIBUR CONSTRUCTION, LTD., FOR THE ROLLINGBROOK EMERGENCY STORM SEWER REPAIR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 011106 -3, amending Chapter 102, "Vehicles for Hire," Section 102 -59, "Insurance," to allow self - insurance for taxicabs. The proposed ordinance amends Section 102 -59, "Insurance" of Chapter 102, "Vehicles for Hire," to allow a permitted taxicab company to be self - insured as provided by the Texas Transportation Code. Currently, our ordinance requires proof of insurance through an acceptable insurance company with the minimum coverage required by law. The proposed amendment will allow the taxicab companies to provide a certificate of self - insurance issued by the State. This change will more closely match the requirements of state law. Houston, Pasadena, Texas City, Port Arthur, Conroe, and Beaumont allow self - insurance. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9261 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 102 "VEHICLES FOR HIRE" ARTICLE II "TAXICABS," DIVISION 2 "LICENSE," SECTION 102 -59 "INSURANCE," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, AUTHORIZING SELF - INSURANCE AS ALLOWED BY LAW TO BE SUFFICIENT FOR THE ISSUANCE OF A PERMIT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 9 Minutes of the Special Session - November 6, 2001 Consent Agenda a) Proposed Ordinance No. 011106 -4, renews the City's subscription with McNaughton Book Service in the amount of $37,652 for the period of December 2001 through November 2002. This book - leasing program brings vitality to Sterling Municipal Library's services for adults. Because the books arrive catalogued and processed, there is little delay between the time that an avid reader sees a review in a newspaper or magazine and the moment when they are available on the Library shelves. This is the most popular service we offer for adults and increasing numbers of large print readers have joined regular print borrowers seeking this service. The cost this year reflects a 3.9% increase over last year, which is in line with the projected inflation rate as noted in the Public Library Price Index. b) Proposed Ordinance No. 011106 -5 authorizes payment to the Texas Natural Resource Conservation Commission for the Annual Water Quality Assessment Fees and the Annual Waste Treatment Fees. For the water quality assessment fees, this authorizes payment in the amount of $19,221 for the funding of a state program to assess the quality of the river basins of the State in response to the Federal Clean Water Act. State law requires the TNRCC to recover the reasonable costs of the assessment program from wastewater permit holders and water right holders. This is the same amount that was assessed last year. For the waste treatment fees, the ordinance authorizes payment in the amount of $52,029.75. The Wastewater Treatment Fee, assessed annually each October 31, is imposed on each permittee holding a permit under the Texas Water Code, Chapter 26. All fees are to be deposited in a fund for the purpose of supplementing other funds appropriated by the Legislature to pay the expenses of the Commission to administer water quality programs consistent with the provisions of the Texas Water Code, Chapter 26, the rules and orders of the Commission, and the provisions of the Commission permit governing waste discharges and water treatment facilities. Point calculations are based on the daily average flow limits and permitted parameters specified in the permits. This is an increase of $649. C) Proposed Ordinance No. 011106 -6 approves an agreement with the Municipal Development District to provide funding for the local match for the Texas Department of Transportation (Congestion Mitigation Air Quality (CMAQ) grant that will provide the hiking and biking trails in the Goose Creek Stream Greenbelt, Phase IV. Federal funds, in the amount of $1,089,535, have been approved for this phase of the project. Local funding (20% or $275,000) is required. The ordinance will provide payment of the local match as follows: $50,000 this fiscal year and $150,000 in each of the two following fiscal years. This phase of the project will complete the Goose Creek Stream Trail System from the Goose Creek Bridge at Texas Avenue, through Goose Creek Park, along Goose Creek to Decker Drive, where the trail will pass under Decker Drive and continue along the stream to Schilling Street, ending at Garth Road. A spur will cross Decker Drive at Garth Road and connect the trail to the Central Little League /Graywood Area Neighborhood Park. This project will be discussed during the Municipal Development District (MDD) meeting to be held on November 6, prior to the City Council meeting. Page 6 of 9 Minutes of the Special Session - November 6, 2001 Council Member Sheley moved adoption of the consent agenda, items a through c. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY -SEVEN THOUSAND SIX HUNDRED FIFTY -TWO AND NO /100 DOLLARS ($37,652.00) TO MCNAUGHTON BOOK SERVICE AS THE COST FOR BOOK LEASING OF POPULAR NEW TITLES FOR THE STERLING MUNICIPAL LIBRARY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY -ONE THOUSAND TWO HUNDRED FIFTY AND 75/100 DOLLARS ($71,250.75) TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AS THE COST FOR THE ANNUAL WASTE TREATMENT FEES AND THE ANNUAL WATER QUALITY ASSESSMENT FEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9264 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 AN AGREEMENT TO PROVIDE LOCAL MATCH FUNDING FOR THE CONGESTION MITIGATION AIR QUALITY GRANT FOR GOOSE CREEK STREAM GREENBELT, PHASE IV; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 011106 -2, casting the City of Baytown's ballot for the election of a representative to the Board of Directors of the Harris County Appraisal District. The City of Baytown, along with other cities in Harris County, except Houston, nominates a representative for the HCAD Board of Directors and each entity then must cast its ballot for the nominee of its choice. Baytown nominated Bill Harry at the regular meeting on September 13, 2001, to serve as representative of the cities other than Houston. Mr. Harry was the sole nominee for the representative of the cities other than Houston. The proposed resolution casts Baytown's ballot for Bill Harry's election. Page 7 of 9 Minutes of the Special Session - November 6, 2001 Council Member Sheley moved approval of the proposed resolution casting the City of Baytown's ballot for Bill Harry as the representative of the cities other than Houston to the Harris County Appraisal District. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointment of the City's representative to the Gulf Coast Economic Development District Board of Directors. The Gulf Coast Economic Development District exists to promote economic growth in the Houston - Galveston region through the development and implementation of a comprehensive economic development strategy. The District's activities are governed by a Board of Directors. The cities of Baytown, Houston, Galveston, Pasadena and Texas City make direct appointments to the District Board. The City of Baytown slot is vacant. The appointment term is for two years. Council Member Mundinger moved appointment of Gregory Stubbs, Director of Planning, as the City's representative to the Gulf Coast Economic Development District Board of Directors. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 8 of 9 Minutes of the Special Session - November 6, 2001 Conduct the public hearing on the proposed redistricting plan for the City of Baytown at 6:40 p.m. The results of the 2000 census require the City of Baytown to adopt a new voting plan that complies with constitutional and statutory requirements. The public's opinion of the proposed plan is important for the Council to consider. To provide the public an opportunity to express its opinion concerning the proposed plan, Council called a public hearing to give all interested persons an opportunity to address City Council at 6:40 p.m. Notice of the public hearing was published in The Baytown Sun on Saturday, October 27, 2001. Council established criteria for the new voting plan as follows: 1. Where possible, use easily identifiable geographic boundaries as district boundaries; 2. Maintain communities of interest in a single district and avoid splitting neighborhoods when drawing district boundaries; 3. Use whole county voting precincts when drawing districts; 4. Base the new plan, to the extent possible, on the existing council district; 5. Draw districts that are relatively equal in size and that in no event exceed a ten percent top to bottom deviation; 6. Draw districts that are compact and contiguous; 7. Recognize incumbent - constituency relations by keeping existing members of the council in their districts; and 8. Narrowly tailor the plan to avoid retrogression in the position of racial minorities and language minorities as defined in the Voting Rights Act with respect to their effective exercise of the electoral franchise. The proposed plan addresses the criteria as follows: • The district lines follow major thoroughfares or watercourses. • Previously divided neighborhoods have been united in single districts. • The existing council districts form the basis of the new districts. • The proposed districts are very similar in size, with the maximum deviation of 8% between Districts 1 and 4. • The proposed districts are more compact and contiguous than the present districts. • Existing members of the council are kept in their present districts. • The plan preserves District 1 as a safe minority district. No one appeared to speak on the proposed redistricting plan for the City of Baytown. The public hearing was closed at 6:43 p.m. City Manager's Report City Manager Mercer made no report. Page 9 of 9 Minutes of the Special Session - November 6, 2001 Adjourn. Council Member Mundtnger moved that the meetiut, adjourn. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger. Murray, Renteris, and Sheley. Mayor Al faro. Nay.,: None: The motion carried. There being no further business, the meeting adjourned at 6:44 Imil. .t City Clerk