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2002 05 09 CC MinutesIN MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 9, 2002 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on May 9, 2002, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Ronnie Anderson Council Member Coleman Godwin Council Member Calvin Mundinger Council Member Don Murray Council Member Mercedes Renteria III 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 Mr. Ricky Parker led the pledge of allegiance. Council Member Anderson offered the invocation after which the following business was conducted: Consider approval of minutes of the regular meeting held on April 25, 2002. Council Member Murray moved approval of the minutes of the regular meeting held on April 25, 2002. 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. Consider approval of minutes for the special meeting held on May 7, 2002. Council Member Mundinger moved approval of the minutes of the special meeting held on May 7, 2002. 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 2 of 8 Minutes of the Regular Session — May 9, 2002 Administer Oaths of Office to the newly elected Council Members. City Attorney Ignacio Ramirez, Sr. administered the oath of office to Council Member District No. 4, Don Murray, Council Member District No. 5, Ronnie Anderson, and Council Member District No. 6, Coleman Godwin. Citizen Communications. Keith Magill, 9831 Forest Hollow, presented a request that water bills for RV parks be categorized separately from apartments and mobile home parks. Mayor Alfaro asked Administration to respond to Keith Magill's request. Presentation to Carol Bartz, Texas Library Champion. The Texas Library Association is celebrating 100 years of service to Texans. In an effort to preserve the association's past as well as pay tribute to those who shape its future, they have selected 100 "giants" who have paved the way for quality library service through their activities, leadership, and overall support in making a significant contribution to libraries and library service during the period 1902 -2002. Consideration of both individuals and organizations were given for inclusion. Individuals had to be librarians, library trustees, philanthropists, or public officials. If living, librarians had to have been retired from active professional service in order to be considered. Nominations were judged on the significance of the contributions made by the nominee. Consideration was given to the length of service or period of contributions, sustained involvement with libraries over time, and impact of their contribution on the local community and/or state. Emphasis was given to individuals whose impact was on a statewide basis. The champions were ultimately selected for their lasting and widespread impact on libraries and library service. Carol Bartz, our current Friends of the Library President, current lay representative to the Houston Area Library System, and former member of the Baytown Library Board, has been extremely active in library advocacy for decades. She has chaired the Advisory Council of the Houston Area Library System, serves on the Friends and Trustees Round Table for the Texas Library Association, serves on the Texas Library Association Legislative Committee, and serves on the Executive Board for the Texas Library Association. She has been cited for "her unfailing goodwill in promoting libraries, serving on committees, and mobilizing grassroots support for libraries." She has received multiple TLA awards, including Outstanding Services to Libraries in 1992. She has also been recognized by the Texas Municipal Library Directors Association, a division of TML, as Outstanding Supporter for Libraries 2001. As a Texas Library Champion, Carol joins the ranks of other notables; namely, Bob Bullock, Laura Welch Bush, Carlos Casteneda, Henry Cuellar, J. Frank Dobie, John Henry Faulk, Jack Hightower, Lyndon Baines Johnson, Henry Rosenberg, and Ralph Yarborough. The citizens of Baytown and the users of Sterling Municipal Library are most privileged to have someone of Carol's stature living in our community and working towards the betterment of not only our library but of libraries throughout the state of Texas. City Manager Monte Mercer presented Ms. Bartz with a certificate of the recognition. Page 3 of 8 Minutes of the Regular Session — May 9, 2002 Presentation of relief provided at Ground Zero, New York City, New York. Lieutenant David Alford, Baytown Police Department, presented a slide show depicting the devastation of September 11, 2001 and the aid provided by several Baytown -area residents and representatives of the Police and Fire Departments. Consider Proposed Ordinance No. 020509 -1, calling a run -off election for Mayor. The Charter of the City of Baytown requires a candidate for Mayor to win election by a majority vote. As no candidate had a majority of the votes cast in the election for Mayor, a run -off election is necessary. The date of the run -off election, June 1, 2002, the election officers, and all other terms have been established by City Council in Ordinance No. 9316. Council Member Murray 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. ORDINANCE NO. 9354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING A RUNOFF ELECTION TO BE HELD ON THE 1 ST DAY OF JUNE, 2002, FOR THE PURPOSE OF ELECTING A MAYOR FROM THE CITY AT LARGE; 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; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 020509 -1, granting a petition for annexation submitted by Baytown Christian Academy and authorizing preparation of a service plan. Proposed Resolution No. 020509 -1 grants a petition for annexation submitted by Baytown Christian Academy to annex a 26.670 acre tract of land west of North Main Street and immediately north of Republic of Texas Plaza. The property is intended as their new campus. The southern half of the property is currently within the City limits. Staff is directed to prepare a service plan for the proposed annexation and to schedule the necessary public hearings. Council Member Mundinger moved adoption of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Page 4 of 8 Minutes of the Regular Session — May 9, 2002 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF BAYTOWN CHRISTIAN ACADEMY CONCERNING THE ANNEXATION OF A 26.670 ACRE TRACT OF LAND WEST OF NORTH MAIN STREET AND IMMEDIATELY NORTH OF REPUBLIC OF TEXAS PLAZA IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 020509 -2, approving traffic signal modifications at Garth Road and Birdsong. Proposed Ordinance No. 020509 -2 approves traffic signal modifications for the intersection of Garth Road and Birdsong. The purchase of the land and subsequent development is contingent upon Council's approval of the traffic signal upgrade. An upgraded traffic signal is necessary to provide for traffic flow that will accompany the proposed development. The modifications are supported by a traffic study performed at the expense of the developer. At its April 17, 2002 meeting, the Growth Management & Development Advisory Commission reviewed the proposed change and unanimously recommended the modifications to City Council. Council Member Renteria 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. 9355 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING TRAFFIC SIGNAL MODIFICATIONS AT THE INTERSECTION OF GARTH ROAD AND BIRDSONG DRIVE TO ALLOW THE ACCESS DRIVE APPROACH ALIGNED WITH BIRDSONG DRIVE TO BE SIGNALIZED CONTINGENT UPON THE DEPOSIT OF SUFFICIENT FUNDS FOR THE COST AND INSTALLATION OF THE TRAFFIC SIGNAL; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 DOLLARS ($200.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 5 of 8 Minutes of the Regular Session — May 9, 2002 Consider Proposed Ordinance No. 020509 -3 awarding the bid for the design and construction of a multi -face pylon sign at the entrance to the Baytown Waterfront District. Proposed Ordinance No. 020509 -3 awards the bid for the design and construction of a multi -face pylon sign at the entrance of the Baytown Waterfront District to Quality Signs of Houston in the amount of $35,100. Bid packets were sent to 11 vendors and we received two bids. Additionally, two bids were submitted late and refused and one bid was returned by the post office. The sign will be 42' tall, 14' wide and V- shaped, and placed at the entrance to the Waterfront District on Business 146. The sign will be visible to traffic traveling both directions along Business 146. The sign meets all sign ordinance requirements. The sign will mark the Waterfront District entrance and will promote the public boat ramps. There will be two tenant spaces for the restaurant and marina to place signs. The sign is expandable to accommodate three more tenant signs. A rendering of the sign is included in your packet. Construction is estimated at 8 to 12 weeks. Council Member Godwin 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. 9356 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 QUALITY SIGNS OF HOUSTON, FOR THE DESIGN AND CONSTRUCTION OF A MULTI -FACE PYLON SIGN AT THE ENTRANCE OF THE BAYTOWN WATERFRONT DISTRICT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF THIRTY -FIVE THOUSAND ONE HUNDRED AND NO /100 DOLLARS ($35,100.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution Number 020509 -2, adopting the proposed Baytown Nature Center Park Rules and operations plan. The Baytown Nature Center (BNC) will have the Grand Opening on Saturday, May 18, 2002 and will open for regular business on Sunday, May 19, 2002. The BNC will require several rule changes and reclassifications because of the new parks facilities. The BNC citizens committee and staff have proposed rules. The proposed rules include hours of operation, restrictions on motor vehicles, prohibition of golfing, exclusion of pets (except support dogs), prohibition of fires and model cars and airplanes, restrictions on fishing, a 20 mile - per -hour speed limit, and prohibition of collecting natural artifacts and boating. A memorandum is included in your packet that details the proposed rules. Page 6 of 8 Minutes of the Regular Session — May 9, 2002 The opening and closing times will be changed and posted on the first of each month. The Gate Attendants will be funded in an enterprise fund with seed money coming from the BNC donation account. The Parks and Recreation Advisory Board has reviewed and approved the rule changes and recommended approval at the May 6, 2002 meeting. The Baytown Nature Center Sub- committee has also approved the rule changes. Proposed Resolution No. 020509 -2 approves the Baytown Nature Center Park Rules and Operations Plan. Council Member Mundinger moved adoption of the proposed resolution. 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. 1545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BAYTOWN NATURE CENTER PARK RULES AND OPERATIONS PLAN; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. The following two items were considered together. Consider plans and specifications for the renovation of the Roseland Park bulkhead, parking lot, and trail project. The Roseland Park bulkhead, parking lot, and trail project will replace approximately 830 linear feet of timber bulkhead at Roseland Park; provide an asphalt overlay of the existing parking area near the bulkhead; and construction of 855 feet of concrete trail connecting the bulkhead to the central area of the park. The renovations will include enlarging the grass area along the bulkhead to expand the usable fishing area along the bulkhead. The new greenbelt will start at the guardrail separating the boatramp area from the parking area and extend to the end of the existing parking area. A six -foot wide walking trail will be separated from the parking area for a safe walking trail along the waterfront. A pre -bid conference is planned for May 22, 2002 with the bid opening set for May 28. It is presently planned for bids to be presented for award on June 13. Construction is expected to begin in July with completion during September 2002. Construction is expected to take 90 calendar days. The Parks and Recreation Advisory Board approved the plans and specifications at the May 6, 2002 meeting and recommended approval. Page 7 of 8 Minutes of the Regular Session — May 9, 2002 Funding is available through the Baytown Municipal Development District, 5245,000, and Parks and Recreation General Fund, $28,000. Consider Proposed Ordinance No. 0205094, approving an interlocal agreement with the Baytown Municipal Development District to provide funding for the Roseland Park bulkhead, parking lot, and trail project. Proposed Ordinance No. 020509 -4 approves an agreement with the Baytown Municipal Development District to provide funding for the Roseland Park bulkhead, parking lot, and trail project. Because it is a joint project, it is necessary to establish a mechanism for the payment of the necessary funds for construction of the project. This agreement is similar to agreements previously approved for joint projects. This project was discussed during the municipal development district (MDD) meeting held prior to the City Council meeting. MDD approved the agreement. Funding is available from through the Baytown Municipal Development District in an amount not to exceed $245,000. Council Member Godwin moved approval of the plans and specifications and 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. 9357 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AND THE CITY OF BAYTOWN TO PROVIDE FUNDING FOR THE ROSELAND PARK BULKHEAD, PARKING LOT AND TRAIL PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointment to the Baytown Area Water Authority. Sam Schulze has tendered his resignation as a director of the Baytown Area Water Authority Board. Mr. Schulze served the position outside the City, but within the authority's boundaries. The appointment is for the unexpired term. City Council is authorized to make the appointment. Council was not ready for action on this item. Page 8 of 8 Minutes of the Regular Session — May 9, 2002 �. Consider appointment to the Board of Adjustment. William J. Reineke has tendered his resignation as a member of the Board of Adjustment. The appointment is for the unexpired term. City Council is authorized to make the appointment. Council was not ready for action on this item. City Manager's Report. City Manager Mercer announced his resignation as City Manager, effective June 14, 2002. Adjourn. Council Member Mundinger moved that the meeting adjourn. 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. There being no further business, the meeting adjourned at 7:09 p.m. Garf W. 9mith City Clerk