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2002 06 13 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 13, 2002 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on June 13, 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 a representative of Boy Scout Troop 208 led the pledge of allegiance. Council Member Renteria offered the invocation after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on May 23, 2002. Council Member Sheley moved approval of the minutes of the work session and regular meeting held on May 23, 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 June 5, 2002. Council Member Godwin moved approval of the minutes of the special meeting held on June 5, 2002. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. Council Member Sheley abstained The motion carried. Page 2of10 Minutes of the Regular Session — June 13, 2002 Consider approval of minutes for the special meeting held on June 12, 2002. Council Member Renteria moved approval of the minutes of the special meeting held on June 12, 2002. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. Council Member Sheley abstained The motion carried. Administer Oath of Office to the newly elected Mayor. City Attorney Ignacio Ramirez, Sr. administered the oath of office to Mayor Pete C. Alfaro. Citizen Communications: Peter Juarez, 3210 Arkansas Street, seeks the opportunity to submit a proposal for the installation of a "disc golf" course. Mr. Juarez was called three times but did not appear. The following two items were considered together. Consider Proposed Ordinance No. 020613 -1, the final reading of the ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 1.384 -acre tract east of Garth Road and north of Interstate Highway 10 and the Jack- In -The- Box restaurant property, in the George Ellis League, A -21. Proposed Ordinance 020613 -1 is the final reading for annexation of a 1.384 -acre tract east of Garth Road and north of Interstate Highway 10 and the Jack -In -The -Box restaurant property, in the George Ellis League, A -21. Mr. Momin has filed and the City Council has approved a petition to annex this property proposed for the construction of a convenience store. In accordance with state law, two public hearings were held on the proposed annexation on March 28, 2002. The proposed ordinance was approved at its first reading on April 25, 2002, and was published in the Baytown Sun on April 30, 2002. More than thirty days have elapsed since the publication and the ordinance can be considered for final action. Consider Proposed Ordinance No. 020613 -2, placing the recently annexed 1.384 -acre tract east of Garth Road and north of Interstate Highway 10 and the Jack -In- The -Box Restaurant property, in the George Ellis League, A -21, in Council District No. 4. Proposed Ordinance No. 020613 -2 places the recently annexed 1.384 -acre tract east of Garth Road and north of Interstate Highway 10 and the Jack -In- The -Box Restaurant property, in the George Ellis League, A -21, in Council District No. 4. Upon annexation property must be placed in the proper Council District. The property is adjacent to other properties within the City that are situated in Council District No. 4. Page 3 of 10 Minutes of the Regular Session — June 13, 2002 Council Member Murray moved adoption of Proposed Ordinance Nos. 020613 -1 and 020613 -2. 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. 9348 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 1.384 ACRE TRACT OF LAND OUT OF A 20.971 ACRE TRACT OF LAND IN THE GEORGE ELLIS LEAGUE, ABSTRACT 21, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ORDINANCE NO. 9359 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 1.384 ACRE TRACT OF LAND OUT OF A 20.971 ACRE TRACT OF LAND IN THE GEORGE ELLIS LEAGUE, ABSTRACT 21, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 020613 -3, approving Change Order No. 2, final payment to D & W Contractors, Inc., and acceptance of the West Main Street Paving Improvements Project. Proposed Ordinance No. 020613 -3 approves deduct Change Order No. 2 to adjust the final quantities in the amount of $23,755.23 and approves the final payment of $24,636.81 to D & W Contractors, Inc., and accepts the West Main Street Paving Improvements Project. The contract award amount was $509,767.50. There was one change order for additional pavement reinforcing steel totaling $6,723.84, for an amended contract amount of $516,491.34. The final contract amount is $492,736.11 and represents a 4.6% cost savings. The cost savings was largely due to an adjustment of final quantities on various bid items. The contract's original duration was 150 calendar days and the contractor completed the work in 142 calendar days. The contractor's workmanship was satisfactory. This work was funded by 2000 Certificates of Obligation. Council Member Mundinger moved adoption of the proposed ordinance. 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. Page 4 of 10 Minutes of the Regular Session — June 13, 2002 ORDINANCE NO. 9360 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCT CHANGE ORDER NO. 2 WITH D & W CONTRACTORS, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE WEST MAIN PAVING AND DRAINAGE RvfPROVEMENTS PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -FOUR THOUSAND SIX HUNDRED THIRTY -SIX AND 81/100 DOLLARS ($24,636.81) TO D & W CONTRACTORS, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 0206134, awarding an preparation of land use assumptions, 20 -year capital wastewater, and the capital recovery fees determination Texas Local Government Code. This item was withdrawn from consideration. engineering services contract for the improvements plans for water and according to Chapter 395, Title 12, Consider Proposed Ordinance No. 020613 -5, prescribing the number of positions in each classification in the police department. This item was withdrawn from consideration. Consent Agenda. a. Proposed Ordinance No. 020613 -6 grants an easement to Gulf Coast Pipe Line, L.P. ( "GCPL ") in the Baytown Nature Center (the "Center") and approves a permit for the pipeline. GCPL is installing a new pipeline from Deer Park to Mont Belvieu. The line will carry petroleum products and will cross under Bayshore Drive and several lots within the Baytown Nature Center. After completion of construction, the affected land will be restored to its pre - construction condition. As consideration for granting this easement, GCPL will pay the City $50,000, which will be used for the Center's enhancement. Additionally, GCPL will reimburse the City for the employment of Gregg Crouch of Crouch Environmental Services, Inc., who will perform the following services: ➢ review construction documents and perform inspections to ensure compliance with all environmental laws and regulations; ➢ inspect post - construction activities to assure that measures have been implemented to protect the environment while the disturbed areas re- vegetate; and, ➢ act as a liaison between the pipeline company and the City so that environmental concerns will be adequately addressed. The Parks and Recreation Board has reviewed the proposal and has no objection. Page 5 of 10 Minutes of the Regular Session — June 13, 2002 b. Proposed Ordinance No. 020613 -7 amends Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules Enumerated," Schedule IX "Signalized Intersections" of the Code of Ordinances to authorize removal of traffic control signals at the intersection of Decker Drive and Lobit Street. A traffic study performed by Kimley -Horn has detennined that the signals are not warranted. The study further recommended that the signals be placed in flash mode for a 90 -day period to make certain no adverse effects would result from their removal. Under the provisions of Section 94 -61(2) of the Code of Ordinances, the traffic signals were placed in flash mode on March 5, 2002. The signals flashed yellow on Decker and red on Lobit. The 90 -day period has now elapsed with no undesirable consequences. The Growth Management and Development Advisory Commission recommends approval of this plan. C. Proposed Ordinance No. 020613 -8 awards the second renewal of the annual Residential Solid Waste Collection and Disposal Services contract to Waste Management of Texas in the amount of $1,653,557.04. Waste Management submitted a written request to renew the current contract with the allowable CPIU increase. Based on a 1.5% CPIU, unit price is $8.31 per residential unit for 16,582 residential units. The monthly cost is $137,796.42. The increase in annual award based on the 1.5% CPIU increase equals $23,878.08, or $1,989.84 on a monthly basis. 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. d. Proposed Ordinance No. 020613 -9 awards the second renewal of the annual Recycling Center Services contract to Waste Management of Texas in the amount of $68,760. Waste Management has submitted a written request to renew the current contract for the same pricing, terms, and conditions. Monthly charge for operation of the Recycling Center is $2,850. Monthly cost for 12 hauls per month is $2,880. Price per haul is $240. e. Proposed Ordinance No. 020613 -10 authorizes an interlocal agreement with Chambers County for the purchase of the City's used police uniforms. This agreement does not obligate the City to sell or the County to purchase a specified number of retired uniforms. In obtaining the uniforms and the use of same, the County has, and will continue to rely solely on its own inspections, investigations and due diligence regarding the same and the County acknowledges that the City has made no representations or warranties expressed or implied with respect to the products to be rendered. Page 6 of 10 Minutes of the Regular Session — June 13, 2002 f. Proposed Ordinance No. 020613 -11 awards the purchase of Motorola radio equipment for the Harris County Organized Crime and Narcotics Task Force (HCOCNTF) through Houston - Galveston Area Council (H -GAC) in the amount of $188,495.15, inclusive of the H -GAC fee. The H -GAC fee is $3,074.03. The Harris County Sheriff's Department had provided the radio equipment as a part of their participation in the Unit. The Sheriffs Department is reducing its involvement in the Unit. This purchase will replace the radio equipment no longer provided by the Sheriffs Department. Funds are available in the Organized Crime and Narcotics Task Force Fund. g. Proposed Ordinance No. 020613 -12 amends Chapter 18 'Buildings and Building Standards," Article III "Electrical Code," Division 6 "Standards," Section 18 -432 "Technical specifications," Subsection 0), of the Code of Ordinances to allow additional materials to be used to install electrical wiring for multifamily dwelling complexes. Specifically, the ordinance allows one to use tray cable service conductors to electrical panels inside dwelling units in multifamily dwelling complexes if- 1. a 13R automatic sprinkler system, as defined in the 1994 standards of the National Fire Protection Association, is installed; 2. an audible and visual alarm is installed to indicate not only the water flow from as few as one sprinkler head but also any tampering with the water supply valves of the sprinkler system. These alarms shall be installed so that they can be heard and seen from all sides of the building from outside the building; and, 3. a 2 Y2-inch fire department connection is installed. The National Electrical Code authorizes the use of tray cable service conductors in this manner. The Electrical Board has reviewed and recommends the proposed ordinance h. Proposed Resolution No. 020613 -1 approves the application by the City Manager for a grant from the United States Department of Justice for the Local Law Enforcement Block Grants Program. The proposed resolution designates the City Manager as the Authorized Official, and authorizes the City Manager to accept any grant awarded from the application. The total match for this grant will be $55,200. The City of Baytown's match portion of the local match is $6,133. The remaining match money will come from member agencies and generated program income. Council Member Sheley moved adoption of the consent agenda, items a through h. 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. Page 7 of 10 Minutes of the Regular Session — June 13, 2002 ORDINANCE NO. 9361 AN ORDINANCE GRANTING AN EASEMENT TO GULF COAST PIPE LINE, L.P., IN THE BAYTOWN NATURE CENTER; APPROVING THE APPLICATION FOR A NEW PIPELINE TO BE CONSTRUCTED WITHIN THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE PERMITS THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9362 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 IX "DESIGNATION — SIGNALIZED INTERSECTIONS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY REMOVING THE TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF DECKER DRIVE AND LOBIT STREET; AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY PLACING A STOP SIGN ON LOBIT STREET AT ITS INTERSECTION WITH DECKER DRIVE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 DOLLARS (5200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 9363 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE MILLION SIX HUNDRED FIFTY -THREE THOUSAND FIVE HUNDRED FIFTY -SEVEN AND 04/100 DOLLARS ($1,653,557.04); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9364 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL RECYCLING CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -EIGHT THOUSAND SEVEN HUNDRED SIXTY AND NO /100 DOLLARS ($68,760.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH CHAMBERS COUNTY FOR THE SALE OF THE CITY'S USED POLICE UNIFORMS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8 of 10 Minutes of the Regular Session — June 13, 2002 ORDINANCE NO. 9366 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED EIGHTY -EIGHT THOUSAND FOUR HUNDRED NINETY -FIVE AND 15/100 DOLLARS ($188,495.15) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF MOTOROLA RADIO EQUIPMENT FOR THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9367 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING STANDARDS" ARTICLE III "ELECTRICAL CODE," DIVISION 6 "STANDARDS," SECTION 18432 "TECHNICAL SPECIFICATIONS," SUBSECTION (J) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALLOW ADDITIONAL MATERIALS TO BE USED TO INSTALL ELECTRICAL WIRING FOR MULTIFAMILY DWELLING UNITS; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND N01100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. RESOLUTION NO. 1549 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE, OFFICE OF JUSTICE PROGRAMS, UNITED STATES DEPARTMENT OF JUSTICE FOR A LOCAL LAW ENFORCEMENT BLOCK GRANT IN THE AMOUNT OF FIFTY -FIVE THOUSAND TWO HUNDRED AND NO 1100 DOLLARS ($55,200.00) FOR LAW ENFORCEMENT ACTIVITIES OF THE BAYTOWN POLICE DEPARTMENT; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AUTHORIZING THE REQUISITE MATCH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider confirmation of the City Manager's appointment of Chief of Police. The following persons registered to speak to Council concerning confirmation of the City Manager's appointment of Chief of Police and yielded their time to Reverend Henry Carr: Linda Navejar, Ricky Brownfield, Marge Hernandez, Carrie Orr, Pastor Gregory Griffith, Jack Baskin, Hilda Martinez, Carmen Torres, Al Flores, Charles Mixon, Kay Mitchell, and Maria Morales. Helen G. Motte registered to speak to Council on this matter but left the meeting before her name was called. Reverend Henry Carr, 211 Harold Lane Reverend Carr spoke in opposition to the confirmation of the City Manager's appointment of Byron Jones as Chief of Police. Page 9 of 10 Minutes of the Regular Session — June 13, 2002 The following persons registered to speak to Council concerning confirmation of the City Manager's appointment of Chief of Police and yielded their time to Eva Benavides: Fred Aguilar, Ruben DeHoyos, Guillermo Ocegueda, Rafael Perez, and Maria Ortiz. Eva Benavides, 3127 Wisconsin Ms. Benavides spoke in opposition to the confirmation of the City Manager's appointment of Byron Jones as Chief of Police. The following persons registered to speak to Council concerning confirmation of the City Manager's appointment of Chief of Police and yielded their time to Hilda Martinez: Arthur Martinez, Veronica Estrada, and Jason Martinez. Hilda Martinez, 7507 Shoshone Ms. Martinez spoke in opposition to the confirmation of the City Manager's appointment of Byron Jones as Chief of Police. The following persons registered to speak to Council concerning confirmation of the City Manager's appointment of Chief of Police and spoke in support of the appointment of Byron Jones: Clint Johnson, Jackie Erikson, Johnny Erikson, Reverend Richard Turner, David Alford, and Chuck Edge. Martha Trealor registered to speak to Council concerning the confirmation of the City Manager's appointment of Chief of Police and yielded her time to Reverend Turner. Council Member Mundinger moved confirmation of the City Manager's appointment of Byron Jones as Chief of Police. Council Member Murray seconded the motion. There was lengthy discussion, both in support of and opposition to confirmation. After further consideration, Council Member Murray withdrew his second and Council Member Mundinger withdrew his motion. Council Member Sheley moved to table this item until the next regular meeting on June 27, 2002. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: Council Member Godwin. The motion carried. Page 10 of 10 Minutes of the Regular Session — June 13, 2002 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. 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. None. Adjourn. Council Member Mundinger moved that the meeting adjourn. 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. There being no further business, the meeting adjourned at 7:58 p. � // Gar.YW. Sinith City Clerk