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2002 02 14 CC Minutesim MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 14, 2002 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on February 14, 2002, 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 Coleman Godwin 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 The meeting was opened with a quorum present and Council Member Anderson led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on January 24, 2002. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on January 24, 2002. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Presentation of the OAK Awards. The OAK Award was presented to the following: For integrity and innovation: Rick McCallen, Richard Rodriguez, Theresa Ruiz, and Claude Nim, Utility Billing Division. As the eyes and ears of the Utility Billing Division, the meter readers continually challenge themselves to go above and beyond their normal, day -to -day duties. They constantly look for and report meters that need repair, thus protecting the City's interests and providing good customer service to the citizens. This quarter, they reported several inactive meters and one illegal use of a fire hydrant, which accounted for over $4,100 in revenue for the City. Recently, other problems have been reported, one of which will result in the recovery of over $20,000 in lost income. Page 2 of 16 Minutes of the Regular Session - February 14, 2002 According to the Recognition Committee, "these individuals took it upon themselves to expand the role of the job and address problems that had fallen through the cracks. They saw ways to improve service and benefit the City at the same time. They realized that it was an opportunity for them to make an impact. This type of dedication and service is greatly appreciated during times of financial constraints." For customer service: Judy Flores, ITS Department. With Judy's assistance, many improvements have been underway in the Utility Billing Division. Her ability to develop system reports has helped the City identify and address stuck meters, a potential loss of revenue. By ensuring that customers are not assessed duplicate charges, Judy has enhanced customer service and improved the efficiency of utility billing operations. Judy is very busy, yet she is always available to listen to her fellow employees' concerns and needs. By working closely with the employees of the Utility Billing Division, she has made their jobs easier and more productive. Consequently, they are able to provide better customer service to the citizens of Baytown and recover lost revenue for the City. The Recognition Committee noted, "Judy is primarily responsible for handling programming issues with the Pentamation computer system used by multiple departments, which is neither flexible nor `user - friendly.' Judy must be relied upon to make it work in any given situation and responds to requests for assistance on a timely basis. Judy is a pleasure to work with as she effortlessly meets the high demands of her job while maintaining a high level of customer service." For integrity, innovation, and customer service: John Carr, Fire Department. On October 13, 2001, a car was driven off the embankment and into the water at Bayland Island. Upon arrival at the scene, rescue workers determined that an occupant was still in the car, which was submerged in approximately ten feet of water. Using his courage and ingenuity, Lt. John Carr donned his breathing apparatus, which is normally used for structural fire fighting, and attempted to rescue the occupant. After the second try, he was able to free the trapped driver. Without the immediate action of Lt. Carr, the accident could have resulted in a fatality. The Recognition Committee said: "Lt. Carr exemplified the highest possible level of innovation, integrity, and customer service in saving the life of a citizen." Mayor Alfaro recognized members of Lt. Carr's family in the audience. Consider Proposed Ordinance No. 020214 -3, the second and final reading on proposed disannexation of the property occupied by First Chemical Company, L.P., which property was previously annexed via Ordinance No. 2516. On December 13, 2001, City Council conducted two public hearings pursuant to the City's charter and Chapter 43 of the Texas Local Government Code as a prerequisite to the city's disannexing property. Disannexation of territory by the City must be completed within 90 days of the date of the initiation of the disannexation proceedings. Disannexation was begun on January 10, 2002 when the ordinance was approved on its first reading. The second and final reading of the disannexation ordinance may not be considered until thirty days following publication of the ordinance. The ordinance was published in the Baytown Sun on January 12, 2002. Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Page 3 of 16 Minutes of the Regular Session - February 14, 2002 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9292 AN ORDINANCE PROVIDING FOR THE DISCONTINUANCE OF AN AREA AS PART OF THE CITY OF BAYTOWN, TEXAS, BY DISANNEXING THE PROPERTY OCCUPIED BY FIRST CHEMICAL COMPANY, L.P., WHICH PROPERTY WAS PREVIOUSLY ANNEXED VIA ORDINANCE NO. 2516; MAKING OTHER PROVISIONS RELATED THERETO. Conduct a public hearing on the request of Edna M. Gray to amend the Official Zoning Map of the City of Baytown to rezone property legally described as Tract 62 -B and 70-B, out of the William Scott Survey, Abstract 65 (10`h and Ward), from Urban Neighborhood to Mixed Use at 6:40 p.m. The Baytown Zoning Commission met on December 19, 2001, held a public hearing, and recommended approval of this request for zoning district reclassification. The applicant is proposing to develop a car- wash facility. This is not a permitted use within the UN districts. Based on Staff analysis, the request meets the six amendment criteria established in the Zoning Ordinance. Notice of the public hearing was published in the Baytown Sun on Sunday, January 13, 2002, more than 15 days before the public hearing. Notice was mailed to all property owners within 300 feet of this location on January 23, 2002, more than 15 days before the public hearing. No one appeared to speak on the proposed amendment to the Official Zoning Map of the City of Baytown to rezone property legally described as Tract 62 -B and 70 -B, out of the William Scott Survey, Abstract 65 (10th and Ward), from Urban Neighborhood to Mixed Use. The public hearing was closed at 6:43 p.m. Consider Proposed Ordinance 020214 -2, amending the Official Zoning Map of the City of Baytown to rezone property legally described as Tract 62 -B and 70 -B, out of the William Scott Survey, Abstract 65 (10`h and Ward), from Urban Neighborhood to Mixed Use. The Baytown Zoning Commission met on December 19, 2001 and approved this request for zoning district reclassification. The applicant is proposing to develop a car-wash facility. This is not a permitted use within the UN districts. Based on Staff analysis, the request meets the six amendment criteria established in the Zoning Ordinance. Council Member Anderson moved adoption of the proposed ordinance. 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. Page 4 of 16 Minutes of the Regular Session - February 14, 2002 ORDINANCE NO. 9314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY DESCRIBED AS TRACTS 62B AND 70B OUT OF THE WILLIAM SCOTT SURVEY, ABSTRACT 65, BAYTOWN, HARRIS COUNTY, TEXAS, FROM AN URBAN NEIGHBORHOOD DISTRICT TO A MIXED USE DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Conduct a public hearing on the request of James Hutchison to amend the Official Zoning Map of the City of Baytown to rezone property legally described as Tract 1 and Tract 1 -N out of the Nathaniel Lynch Survey, Abstract 44 (Lakewood Estates), from Mixed Use to Neighborhood Conservation. The purpose of the request is to build Lakewood Estates, a residential subdivision. The Mixed Use District allows for a variety of land uses. Therefore, to reclassify subject property to Neighborhood Conservation District will be consistent with the intent of the ordinance, which is to protect single - family dwelling units. Based on the Staff analysis, the request does meet the six amendment criteria established in the Zoning Ordinance. On January 16, 2002, the Planning and Zoning Commission conducted a public hearing on the proposed change. The Commission recommended approval of the reclassification. Notice of the public hearing was published in the Baytown Sun on Sunday, January 27, 2002, more than 15 days before the public hearing. Notice was mailed to all property owners within 300 feet of this location on January 23, 2002, more than 15 days before the public hearing. Mayor Alfaro opened the public hearing at 6:45 p.m. No one appeared to speak on the proposed amendment to the Official Zoning Map of the City of Baytown to rezone property legally described as Tract 1 and Tract 1 -N out of the Nathaniel Lynch Survey, Abstract 44 (Lakewood Estates), from Mixed Use to Neighborhood Conservation. The public hearing was closed at 6:46 p.m. Consider Proposed Ordinance 020214 -1, amending the Official Zoning Map of the City of Baytown to rezone property legally described as Tract 1 and Tract 1 -N out of the Nathaniel Lynch Survey, Abstract 44 (Lakewood Estates), from Mixed Use to Neighborhood Conservation. The purpose of the request is to build Lakewood Estates, a residential subdivision. The Mixed Use District allows for a variety of land uses. Therefore, to reclassify subject property to Neighborhood Conservation District will be consistent with the intent of the ordinance, which is to protect single - family dwelling units. On January 16, 2002, the Planning and Zoning Commission conducted a public hearing on the proposed change. The Commission recommended approval of the reclassification. Based on the Staff analysis, the request meets the six amendment criteria established in the Zoning Ordinance. 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. Page 5 of 16 Minutes of the Regular Session - February 14, 2002 ORDINANCE NO. 9315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY DESCRIBED AS TRACTS 1 AND IN OUT OF THE N. LYNCH SURVEY, ABSTRACT 44, BAYTOWN, HARRIS COUNTY, TEXAS, FROM A MIXED USE DISTRICT TO A NEIGHBORHOOD CONSERVATION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance 020214 -4, ordering the Municipal Election to be held on the 4th day of May 2002, for the purpose of electing a Mayor -at -Large and three Council Members from District Numbers Four, Five and Six. According to state statute, the regular election must be held on Saturday, May 4, 2002. It will be necessary to elect the Mayor -at -Large and three Council Members from District Numbers Four, Five, and Six for two -year terms. The proposed ordinance establishes procedures for holding the election; locations for polling places; orders all necessary notices and actions; establishes the location for central counting, and provides for early voting hours and early voting ballot board. The election officers will be appointed by separate resolution. Early voting will take place from April 17 through April 30. Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria 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. 9316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 4TH DAY OF MAY, 2002, FOR THE PURPOSE OF ELECTING A MAYOR AT LARGE AND THREE COUNCILMEM 3ERS FROM DISTRICT NOS. FOUR, FIVE AND SIX; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY BALLOT BOARD FOR EARLY BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Consider Proposed Ordinance No. 020214 -5, awarding a construction contract for the construction of the Eddie V. Gray Wetlands Education and Recreation Center Boat Ramp Project. The proposed ordinance awards a construction contract for the construction of the Eddie V. Gray Wetlands Education and Recreation Center Boat Ramp Project in the amount of $509,141 to D & W Contractors, Inc. Council approved plans and specifications and authorized advertisement for bids at the December 13, 2001 council meeting. Page 6 of 16 Minutes of the Regular Session - February 14, 2002 Three companies attended the mandatory pre -bid conference on January 14, 2002 and we received two bids. Bob Randall, of RandalI/Porterfield Architect Inc., has reviewed the bids and recommends the award of the base bid and alternates No. 2 (concrete paving extension to Market Street), No. 3 (center curb island and backfield for landscaping the Wetlands Center entrance), No. 4 (site lighting), and No. 5 (flooring repairs to the Wetlands Center), to the apparent low bidder, D & W Contractors, Inc., in the amount of $509,141. The project will be funded with $118,535.25 from the 1999 CO Bond program, a $355,605.75 grant from Texas Parks and Wildlife Department's Wallop - Breaux Fund (75/25), and $35,000 from the Eddie V. Gray Wetlands Education and Recreation Center annual budget. The project will include the construction of a one -lane boat ramp, launching piers, floating docks, lighting, and parking at the Wetlands Center, as well as dredging of a 1,550 feet by 50 feet by 4 feet channel from the new ramp site to the Market Street Bridge. Spoil containment and riprap will be used to create a 300 -foot by 150 -foot wetlands area behind the Wetlands Center. The Goose Creek Stream Development Committee and the Parks and Recreation Advisory Board recommend approval. Council Member Godwin moved adoption of the proposed ordinance. 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. ORDINANCE NO. 9317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, 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 THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER BOAT RAMP PROJECT; AUTHORIZING PAYMENT OF THE SUM OF FIVE HUNDRED NINE THOUSAND ONE HUNDRED FORTY -ONE AND NO 1100 DOLLARS ($509,141.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 020214 -6, approving a professional services contract for the design, engineering, and limited construction management of the repairs to Fire Station One on Garth Road. The proposed ordinance approves a professional services contract with Bricker Cannady Architects for the design, engineering and limited construction management of the repairs to Fire Station One on Garth Road in the amount of $25,000. Fire Station One was closed on June 11, 2001 due to mold problems and the crews were relocated to a leased facility on Barkaloo Road. Several consultants have studied the problems associated with the building. Bricker Cannady Architects was retained to review these reports and perform pre - design services and submit recommendations for repairs along with cost estimates. Based on their report, the repair is estimated to cost $260,000. The Architect/Engineer Selection Committee has recommended Bricker Cannady for the design, engineering, and preparation of bid documents for the repair of the station and to work with the project coordinator to provide construction management. It is a fixed fee of $25,000, plus reimbursables. Page 7 of 16 Minutes of the Regular Session - February 14, 2002 Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. City Manager Mercer explained that the repairs are not covered by insurance because the structure is more than ten years old. No lawsuits are pending and the statute of limitations has expired. Assistant City Manager Bob Leiper said that Administration is not aware of any illnesses directly attributable to the mold problems. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREEMENT WITH BRICKER + CANNADY ARCHITECTS FOR THE DESIGN, ENGINEERING AND CONSTRUCTION MANAGEMENT OF THE REPAIRS TO FIRE STATION ONE ON GARTH ROAD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 021402 -7, amending Chapter 34 "Environment," Article III "Junked, Wrecked, Abandoned Property," Division 2 "Vehicles," Section 34 -91 "Definitions," subsection (5); Section 34 -94 "Exceptions," subsection (2), and Section 34 -95 "Notice to abate; hearing; disposal," subsection (a), subsection (a)(2) and subsection (c) of the Code of Ordinances, Baytown, Texas, to conform with recent changes in state law, including the definitions of junk vehicle, abandoned vehicle, and notice requirements; amending Chapter 26 "Community Development," Division 4 "Space, occupancy, structural, mechanical and fire protection requirements," by deleting in its entirety Section 26-144 "Vehicle storage on private property" from the Code of Ordinances, City of Baytown, Texas. Section 26 -144 "Vehicle storage on private property" is deleted in its entirety from Chapter 26 "Community Development," Division 4 "Space, occupancy, structural, mechanical and fire protection requirements" because it does not comply with current state law. These amendments bring our current ordinance into compliance with legislative changes pursuant to House Bill 489 codified in the Texas Transportation Code §§ 683.071- 683.078 effective September 1, 2001. Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. Page 8 of 16 Minutes of the Regular Session - February 14, 2002 Mike Lester, Public Health Director, informed Council that this amends the way in which an inoperable vehicle is handled. The vehicle must be inoperable for 30 days on private property or 72 hours on public property, and must be abated and removed not later than the 10th day after the date on which the notice is mailed, rather than the date of delivery. He added that the impact of these changes will be limited, since most owners already have solved the problem before the process is concluded. When asked whether the City could shorten the time from 30 days, City Attorney Ramirez replied that this time period has been mandated by the state legislature and may not be changed. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9319 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 34 "ENVIRONMENT," ARTICLE III "JUNKED, WRECKED, ABANDONED PROPERTY," DIVISION 2 "VEHICLES," SECTION 34 -91 "DEFINITIONS," SUBSECTION (5); SECTION 34 -94 "EXCEPTIONS," SUBSECTION (2), AND SECTION 34 -95 "NOTICE TO ABATE; HEARING; DISPOSAL," SUBSECTION (A), SUBSECTION (A)(2), AND SUBSECTION (C) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO CONFORM WITH RECENT CHANGES IN STATE LAW, INCLUDING THE DEFINITIONS OF JUNK VEHICLE, ABANDONED VEHICLE, AND NOTICE REQUIREMENTS; PRESCRIBING A MINIMUM PENALTY OF ONE HUNDRED AND N0 1100 DOLLARS ($100.00) AND A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 DOLLARS ($200.00); AMENDING CHAPTER 26 "COMMUNITY DEVELOPMENT," DIVISION 4 "SPACE, OCCUPANCY, STRUCTURAL, MECHANICAL AND FIRE PROTECTION REQUIREMENTS," BY DELETING IN ITS ENTIRETY SECTION 26 -144 "VEHICLE STORAGE ON PRIVATE PROPERTY" FROM THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 020214 -8, approving Change Order No. 1 and final payment, and accepting the Water Service Line Relocation Project. The proposed ordinance approves deduct Change Order No. 1 to adjust final quantities in the amount of $1,029.58, and final payment of $7,824.81 to Fulkerson Plumbing, and accepts the Water Service Line Relocation Project. The contract award amount was $32,946.56, the final contract amount is $31,916.98, and represents a 3.1% cost savings. The cost savings was due to a reduction of service connections. The contract original duration was 45 calendar days and the contractor completed the work in 58 calendar days. The delays were due to the needed rehabilitation of equipment used to repair a leaking distribution valve, rain, and inspection of the tie -ins. The contractor's workmanship was satisfactory. This work was funded by Water Distribution System funds. Council Member Sheley moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Page 9 of 16 Minutes of the Regular Session - February 14, 2002 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCT CHANGE ORDER NO. 1 WITH FULKERSON PLUMBING TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE WATER SERVICE LINE RELOCATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVEN THOUSAND EIGHT HUNDRED TWENTY -FOUR AND 81/100 DOLLARS ($7,824.81) TO FULKERSON PLUMBING FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 020214 -9, approving Change Order No. 1 and final payment, and accepting the Rollingbrook Emergency Storm Sewer Repair. The proposed ordinance approves Change Order No. 1 to adjust final quantities in the amount of $72.40, to add additional contract days due to wet conditions and an unexpected waterline repair, and final payment of $4,689.74 to Excalibur Construction, Ltd., and accepts the Rollingbrook Emergency Storm Sewer Repair Project. The contract award amount was 546,825, the final contract amount is $46,897.40, and represents a 0.1 % cost increase. The cost growth was due to a final adjustment of pay quantities. The contract original duration was 30 calendar days. Change Order No.1 adds 28 calendar days, (25 due to rain and wet conditions under the bridge, and 3 due to the repair of a waterline not shown on the drawings), for a total of 58 calendar days. The contractor's workmanship was satisfactory. This work was funded by 1994 General Obligation Bonds. Council Member Anderson moved adoption of the proposed ordinance. Council Member Sheley 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. 9321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH EXCALIBUR CONSTRUCTION, LTD., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE ROLLINGBROOK EMERGENCY STORM SEWER REPAIR PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FOUR THOUSAND SIX HUNDRED EIGHTY -NINE AND 74/100 DOLLARS ($4,689.74) TO EXCALIBUR CONSTRUCTION, LTD., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 16 Minutes of the Regular Session - February 14, 2002 Consider Proposed Ordinance No. 020214 -10, modifying the configuration of the Missouri Street and Wyoming Street intersection traffic operations. At its January 16, 2002 meeting, the Growth Management and Development Advisory Commission recommended that City Council approve the following improvements in the configuration of Missouri Street and Wyoming Street. Kimley -Horn and Associates, Inc. (KHA) evaluated the current configuration of the Missouri Street and Wyoming Street intersection due to concerns regarding the safety of motorists approaching the intersection. KHA recommends the following improvements: • Remove the yield sign on the northbound approach of Wyoming Street. • Install a 4 -inch, double yellow stripe along the transition to separate two -way flow and visually reinforce the continuation of through traffic. • Install a stop sign, and paint a 24 -inch stop bar at the westbound exit from the Bridgeview Apartments complex. • Install a warning sign on the eastbound approach, indicating a turn ahead and indicate safe speed through 20 MPH supplemental plaque. Council Member Godwin moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. City Manager Mercer stated that citizens who reside in the area and the West Baytown Civic Association had made staff aware of the problems at this intersection. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS," OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY DESIGNATING THE WESTBOUND EXIT OF THE BRIDGEVIEW APARTMENT COMPLEX AS A STOP INTERSECTION; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 11 of 16 Minutes of the Regular Session - February 14, 2002 Consider approval of plans and specifications for 2001 Municipal Street Rehabilitation Program and approval for advertisement for bids. The base bid scope of work consists of rehabilitating seven streets, including Chandler, Mayhaw, Northwood, Oakmont, Woodcrest, Lindberg, and Deanne. The type of rehabilitation ranges from hot mix asphaltic concrete overlay to complete reinforced concrete replacement. There will also be minor inlet work, curb and gutter replacement, and sidewalk replacement. Approximately 1,010 linear feet of 6 -inch diameter PVC water line will be installed on Deanne, Oakmont, and Woodcrest Streets. Work also includes installation of wheelchair ramps at intersections that require ADA compliance. The base bid total estimated cost, including construction, quality assurance testing, and engineering for the seven streets is $971,283. The base bid construction estimate is $848,281. The quality assurance- testing estimate is $59,380 and will be awarded at the same time as the construction contract. The engineering and design fee, $63,622, was previously approved by Council. West Texas Avenue will be bid as an alternate item because the total amount of funding available for this project is $989,615. The alternate bid total estimated cost, including construction, quality assurance testing, and engineering for West Texas Avenue is $399,239. The alternate bid construction estimate is $348,680. The quality assurance- testing estimate is $24,408, and will be awarded at the same time as the construction contract. The engineering and design fee is $26,151 and was previously approved by Council. The anticipated bid date is March 21, 2002 and will be awarded based upon the bid prices received. The construction duration is estimated at 180 calendar days. This project will be funded by Capital Improvement Project Funds. Council Member Mundinger moved approval of plans and specifications for 2001 Municipal Street Rehabilitation Program and approval for advertisement for bids. 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. Consent Agenda a) Proposed Ordinance No. 020214 -11 amends Schedule V of Section 94 -121 of the Code of Ordinances by reducing the speed limit on Civic Drive from 30 mph to 20 mph. At its January 16, 2002 meeting, the Growth Management and Development Advisory Commission recommended that City Council make the speed limit change. The recommendation to lower the speed limit to 20 mph is based on the geometric design of the roadway. The radius of the road is 230 °, the angle is 90 °, and the length is 361 feet. Pursuant to the standards from the Transportation and Traffic Engineering Handbook on Geometric Design, Second Edition, staff recommends the following: • Lower the speed limit to 20 mph. • Install rumble strips and pedestrian warning signs in advance of the cross walk leading to City Hall and the Community Center. • Install roadway markings and delineators. Page 12 of 16 Minutes of the Regular Session - February 14, 2002 b) Proposed Ordinance No. 020214 -12 approves credit Change Order No. 3 to adjust final quantities in the amount of $1,000, final payment of $18,634.70 to D & W Contractors, Inc., and accepts the Veterans' Memorial Plaza Project. The contract award amount was $103,434 and the final contract amount is $117,515, which represents a 13.6% cost growth. The cost growth and additional time required were due to the addition of granite benches in Change Order No. 1. Change Order 3 is a credit of $1,000 because the workmanship on the granite bench tops was below standard and the sub - contractor was unable to correct all of the problems. The contract original duration was 45 calendar days. Change Order No. 1 added 45 calendar days, for a total contract duration of 90 calendar days (June 17, 2001). The project reached substantial completion in 71 calendar days, in time for the Memorial Day celebration on May 28, 2001. The contractor's workmanship was satisfactory. This work was funded by various funding sources. C) Proposed Ordinance No. 020214 -13 authorizes renewal of a delinquent tax collection agreement with Randall B. Strong. The City of Baytown originally entered into an agreement for the collection of delinquent ad valorem taxes in August 1993 for a term of two years. The contract has been renewed since, and adjusted to coincide with the fiscal year. The most recent contract expired September 30, 2001. This will renew the contract from October 2001 through September 2003. Mr. Strong has been responsive to the needs and priorities of the City in collecting taxes. The collection rate meets expectations. Section 6.30(c) of the Texas Property Tax Code states "The governing body of a taxing unit may contract with any competent attorney to represent the unit to enforce the collection of delinquent taxes. The attorney's compensation is set in the contract, but the total amount of compensation provided may not exceed 20 percent of the amount of delinquent tax, penalty, and interest collected." The contract presented for approval sets the attorney's compensation equal to 15% of the amount of delinquent taxes, penalties and interest collected. In accordance with Section 33.07(a) of the Texas Property Tax Code, an additional penalty of 15% is assessed on the delinquent accounts to defray the cost of the attorney's compensation. The net cost to the City for this contract is zero. The Finance Committee met on January 22, 2002 and recommended that Council approve this contract. d) Proposed Ordinance No. 020214 -14 authorizes the first renewal of the annual janitorial products contracts, Items #1 -13 to Matera Paper Company in the amount of $25,386.45; and Item #14 to Groves Industrial Supply in the amount of $4,978.50, for a total contract amount of $30,364.95. Matera Paper Company and Groves Industrial Supply have submitted written requests to renew their contract for the same pricing, terms and conditions. Quantities remain the same. This contract will be used to stock the Central Warehouse for distribution of janitorial products to all departments. Page 13 of 16 Minutes of the Regular Session - February 14, 2002 e) Proposed Ordinance No. 020214 -15 authorizes a contract for the ninth annual Baytown Household Hazardous Materials Collection Day, in the estimated amount of $42,150, to MSE Environmental, Inc., a contractor for Houston - Galveston Area Council. The ninth annual Household Hazardous Materials Collection Day will be held on April 20, 2002. Last year, our collection gathered approximately 73,000 pounds of potentially hazardous waste. Approximately 20% of the waste collected was recycled or reissued. The cost funded by the City was approximately $55,000. Previously, the City was the recipient of contributions from hazardous materials disposal contractors. The contributions ended in 1999. f) Proposed Ordinance No. 020214 -16 awards the bid for the repair of mechanical bar screen for the Central District Wastewater Treatment Plant to Houston Service Industries, in the amount of $47,850. Work required includes repair and delivery. City crews will install the equipment. Invitations to bid were mailed to five suppliers and we received one response and one no -bid. Houston Service Industries dismantled the bar screen and prepared the scope of work. Council Member Godwin moved adoption of the consent agenda, items a through f. Council Member Sheley 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. 9323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE V "DESIGNATION — SPEED LIMIT ZONES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO LOWER THE SPEED LIMIT ON CIVIC DRIVE FROM 30 MILES PER HOUR TO 20 MILES PER HOUR; REPEALING ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 9324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH D & W CONTRACTORS, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE VETERANS' MEMORIAL PLAZA PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHTEEN THOUSAND SIX HUNDRED THIRTY -FOUR AND 70/100 DOLLARS ($18,634.70) TO D & W CONTRACTORS, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 14 of 16 Minutes of the Regular Session - February 14, 2002 ORDINANCE NO. 9325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH RANDALL B. STRONG FOR THE COLLECTION OF DELINQUENT AD VALOREM TAXES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACTS OF MATERA PAPER COMPANY AND GROVES INDUSTRIAL SUPPLY FOR THE ANNUAL JANITORIAL PRODUCTS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY THOUSAND THREE HUNDRED SIXTY -FOUR AND 95/100 DOLLARS ($30,364.95); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9327 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY -TWO THOUSAND ONE HUNDRED FIFTY AND N0 1100 DOLLARS ($42,150.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR COLLECTION SERVICES ASSOCIATED WITH BAYTOWN'S NINTH ANNUAL HOUSEHOLD HAZARDOUS MATERIALS COLLECTION DAY ON APRIL 20, 2002; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9328 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HOUSTON SERVICE INDUSTRIES FOR THE REPAIR OF A MECHANICAL BAR SCREEN FOR THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -SEVEN THOUSAND EIGHT HUNDRED FIFTY AND NO /100 DOLLARS ($47,850.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointment of Health Officer and Alternate Health Officer for the City of Baytown. Dr. James J. Bernick has served as Health Officer for the City since March 1, 1998. His present term will expire on March 9, 2002. Dr. Bernick has agreed to serve another two -year term. Dr. David Hall has served as Alternate Health Officer for the City since December 16, 1997. His present term will expire on March 9, 2002. Dr. Hall has agreed to serve another two -year term. Council Member Mundinger moved appointment of Dr. James J. Bernick as Health Officer and Dr. David Hall as Alternate Health Officer for the City of Baytown. Council Member Sheley seconded the motion. The vote follows: Page 15 of 16 Minutes of the Regular Session - February 14, 2002 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider appointment to the Community Development Advisory Committee. The term for this position expired on January 1, 2002. This position represents Council District 1. This is a two -year term. This item was deferred until the next meeting. Consider appointment to the Growth Management and Development Advisory Commission and Planning and Zoning Commission. The terms of John D. Jones (District 1) and Wayne Smith (District 6) expired January 1, 2002. Both members are willing to serve again if Council reappoints them. Of the thirteen meetings held since October 2000, Mr. Jones attended six and Mr. Smith attended ten. This is a two -year term. The Zoning Commission had no meetings in the year 2001. The Zoning Commissioners are the same as the members of the Growth Management and Development Advisory Commission. Council Member Renteria moved appointment of Jesse Gutierrez to represent District 1 on the Growth Management and Development Advisory Commission and Planning and Zoning Commission. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. City Manager's Report City Manager Mercer introduced Dale Palmer, the new Fire Chief. Mr. Mercer informed Council that the Trash Off will be held on Saturday, April 6, 2002. Fab +e its of 16 Minutes of the Regular Session - February 14, 2002 Adjourn. xi Council Member Mundinger moved that the meetinIg adjourn. Council Member Godwin seconded the motion. The vote Follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria,.and Sheiey. Mayor Marc, Nays: None. ]'he motion carried. There being no further business, tire meeting adjourned at 7:17 p.mm. Ga ;v-1W. Smith City Clerk M