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2002 06 27 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 27, 2002 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on June 27, 2002, at 6:30 p.m. in the auditorium of the Community Center 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 Gary Jackson Interim City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The meeting was opened with a quorum present and Council Member Sheley 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 June 13, 2002. Council Member Murray moved approval of the minutes for the work session and regular meeting held on June 13, 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. Consider Proposed Ordinance No. 020627 -1, approving final payment to D & W Contractors, Inc. for construction of portions of the Baytown Nature Center. Proposed Ordinance No. 020627 -1 approves final payment in the amount of $27,436.35 to D & W Contractors, Inc. for construction of the Baytown Nature Center. Council authorized the construction contract with D & W Contractors, Inc. in the amount of $524,590 at the May 24, 2001 council meeting. There were two change orders totaling $24,139, for a total contract amount of $548,729. The two change orders were for additional concrete and asphalt work at the Wooster Point shelter, additional handrails for the two fishing piers, additional dirt work and drainage on San Jacinto Point, and additional work on the surge barrier at San Jacinto Point. The additional cost was paid by Baytown Nature Center donations. Page 2ofII Minutes of the Regular Session — June 27, 2002 The project was funded with $125,000 from the 1999 Certificates of Obligation, a $370,000 grant from Texas Parks and Wildlife Department, (this is a 50150 match grant; the majority of the City's match was for the purchase of land in 1997), a $15,000 grant from the Galveston Bay Estuary Program, and $38,729 in donations. The project included the construction of walking trails, parking lots, a 600 foot surge barrier, and wetlands creation at San Jacinto Point, 2 fishing piers, picnic sites, salt -water marsh observation platform, a 1 Y2-acre fresh -water pond with an observation platform, a butterfly/hummingbird garden, fitness stations, and an educational pavilion at Wooster Point. Bob Randall of Randall/Porterfield Architect Inc. reviewed the project and recommends final payment to D & W Contractors, Inc. The project was expected to take 6 months to complete and was substantially complete in January 2002. Final payment was postponed because of a delay in delivery of specialty equipment for the Children's Nature Discovery Area which was delivered on June 5, 2002. The Baytown Nature Center was closed for construction in June 2001 and reopened on May 18, 2002. 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 carved. ORDINANCE NO. 9368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE CONSTRUCTION OF THE BAYTOWN NATURE CENTER AND IMPROVEMENTS; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -SEVEN THOUSAND FOUR HUNDRED THIRTY -SIX AND 45/100 DOLLARS ($27,436.45) TO D & W CONTRACTORS, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 020627 -2, amending the Code of Ordinances, Chapter 98, "Utilities," Article III "Water Service," Section 98 -59 "Rates," to modify the method for calculating water rates for manufactured home parks and recreational vehicle parks. Council was not ready for action on this item. Consider Proposed Ordinance No. 020627 -3, amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules Enumerated," Schedule IX "Signalized Intersections" authorizing installation of a traffic signal at the intersection of Rollingbrook Drive and Emmett O. Hutto Blvd. This proposed ordinance authorizes installation of a traffic signal at the intersection of Rollingbrook Drive and Emmett O. Hutto Boulevard and imposes a fine for noncompliance with the traffic signal. Page 3 of 11 Minutes of the Regular Session — June 27, 2002 In November of 2001, Kimley -Horn and Associates (KHA) conducted a signal warrant analysis on the ", intersection of Rollingbrook Drive and Hutto Blvd. At that time, three traffic warrants were satisfied (accidents, four hour volumes, and peak hour volumes) and the consultants recommended lesser traffic control than a full - signalized intersection. These included a flashing beacon warning of "Stop Ahead" on Hutto Blvd. If the accident rate did not improve they recommended later installation of a flashing stop signal. If that measure did not improve the accident rate, they recommended consideration of a full traffic signal control. Based on the escalating accident rate, the Growth Management and Development Advisory Commission (GMDAC) at their June 19, 2002 meeting reviewed the proposed change and unanimously recommended approval of installation of a traffic signal. If approved by City Council, the City can contract with a traffic engineering firm to design the signal and prepare plans and specifications. The estimated cost of design and preparation of bid/construction documents is $30,000 and can be funded from the General Fund Capital budget. Construction is estimated to be $120,000 and can be included for consideration in next year's budget. This should allow awarding construction bids after October 1, 2002. Construction will take 4 to 5 months after the bid is awarded. 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. 9369 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 AUTHORIZING THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF ROLLINGBROOK DRIVE AND EMMETT O. HUTTO BOULEVARD; 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. Consider Proposed Ordinance No. 0206274, amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules Enumerated," Schedule VIII "Stop and Yield Intersections" designating a stop intersection at the intersection of El Chaco Drive and Mescalero Drive. The proposed ordinance designates El Chaco Drive a 4 -way stop intersection at its intersection with Mescalero Drive and imposes a fine for noncompliance with the stop sign. Page 4 of 11 Minutes of the Regular Session — June 27, 2002 Due to the approved installation of a traffic signal at the intersection of SH 146 and El Chaco Drive, there is an anticipated increase of traffic on El Chaco Drive and Mescalero Drive to utilize the signal. Therefore, traffic control will be necessary for the orderly flow through the intersection of El Chaco Drive and Mescalero Drive, especially during morning and evening rush hours. There are currently stop signs on Mescalero Drive at El Chaco Drive. The additional signs requested will be on the inbound and outbound lanes of El Chaco Drive making it a 4-way stop intersection. At its meeting on June 19, 2002, the Growth Management and Development Advisory Commission approved the 4 -way stop intersection of El Chaco Drive and Mescalero Drive and recommends approval to the City Council. Council Member Anderson 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. 9370 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 VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY PLACING A STOP SIGN ON EL CHACO BOULEVARD AT ITS INTERSECTION WITH MESCALERO DRIVE; 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. Consent Agenda a. Proposed Ordinance No. 020627 -5 authorizes the assignment of West Bay Organics, L.C.'s Industrial District Agreement to Dome Hydrocarbons, L.C. The City Council authorized an Industrial District Agreement with West Bay Organics on May 13, 1999. On June 5, 2001, Dome Hydrocarbons acquired certain assets of West Bay Organics, which included West Bay Organics' facility that is the subject of the Industrial District Agreement. The Industrial District Agreement provides that the agreement cannot be assigned without the prior written consent of the City; therefore, Dome Hydrocarbons has asked the City to approve the assignment of the agreement. In consideration of approval of the assignment, Dome Hydrocarbons agrees as follows: the City has the right to collect any underpayment of Industrial District payments from Dome Hydrocarbons; ➢ the City has the right to pursue and/or resolve with Dome Hydrocarbons any and all outstanding matters under the agreement with West Bay Organics; ➢ The City has the right to require strict compliance with any and all terms of the agreement; ➢ Dome Hydrocarbons shall assume all obligations and liabilities under the agreement; ➢ Dome Hydrocarbons shall not contest the City's authority to impose these additional conditions on the consent granted. Page 5ofII Minutes of the Regular Session — June 27, 2002 b. Proposed Ordinance No. 020627 -6 awards the first renewal of the annual wastewater lab analysis contract to EFEH & Associates in the amount of $35,770.46. EFEH submitted a written request to renew the current contract for the same pricing, terms, and conditions. Quantities remain the same. This contract is used by the Pollution Control Division for lab analysis testing. Our analytical needs are governed by the types of waste streams that discharge to the City's sewer conveyance system and the ever - changing regulations from state and federal governments. The Texas Natural Resource Conservation Commission (TNRCC) and the Environmental Protection Agency mandate the City to operate an approved Pretreatment Program, which has been incorporated as part of our Texas Pollutant Discharge Elimination System permits (wastewater discharge permit issued by TNRCC). As part of the requirements of this program, the City is required to conduct annual and semi - annual scans on the influent and effluent of all three wastewater treatment plants and at least annually on the industrial dischargers. Regulations also require additional testing quarterly at the Central District Wastewater Treatment Plant. C. Proposed Ordinance No. 020627 -7 awards the second renewal of the annual tire and tube contract, Section I, police pursuit tires, to JMB Tire and Appliance Company in the amount of $12,920; and Section II, III, and IV, passenger, light truck, off -road, and heavy truck tires and tubes to Carr's City Tire Service in the amount of $65,207.88. Total award of contract is $78,127.88. JMB Tire and Appliance Company and Carr's City Tire Service submitted written requests to renew the current contracts for the same pricing, terms, and conditions. Quantities remain the same. d. Proposed Ordinance No. 020627 -8 awards the final renewal for the annual ready -mix concrete contract to Transit Mix Concrete — Baytown, Inc., in the amount of $86,750. Transit Mix submitted a written request to renew the current contract for the same pricing terms, and conditions. Quantities remain the same. This contract is used by the Public Works and Parks and Recreation Departments for various construction projects, i.e., streets and drainage repair, new projects, rehab projects, etc. e. Proposed Resolution No. 020627 -1 authorizes the Chambers County Mosquito Control Department to use aerial application methods for the purpose of mosquito control within that portion of Baytown that is within Chambers County. This is an annual requirement of the Federal Aviation Administration (FAA) to obtain approval from various area communities concerning the Chambers County Mosquito Control District's aerial spraying program. Since a portion of the City of Baytown is in Chambers County, the Chambers County Mosquito Control District must obtain this permission to apply pesticides for the purpose of mosquito control in this area. Council Member Mundinger moved adoption of the consent agenda, items a through e. 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. Page 6 of 11 Minutes of the Regular Session — June 27, 2002 ORDINANCE NO. 9371 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 ASSIGNMENT OF INDUSTRIAL DISTRICT AGREEMENT TO DOME HYDROCARBONS, L.C.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9372 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF EFEH & ASSOCIATES FOR THE ANNUAL WASTEWATER LAB ANALYSIS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -FIVE THOUSAND SEVEN HUNDRED SEVENTY AND 46/100 DOLLARS ($35,770.46); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9373 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF JMB TIRE AND APPLIANCE COMPANY AND CARR'S CITY TIRE SERVICE FOR THE ANNUAL TIRE AND TUBE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -EIGHT THOUSAND ONE HUNDRED TWENTY - SEVEN AND 88/100 DOLLARS ($78,127.88); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9374 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF TRANSIT MIX CONCRETE - BAYTOWN, INC., FOR THE ANNUAL READY - MIX CONCRETE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF EIGHTY -SIX THOUSAND SEVEN HUNDRED FIFTY AND N01100 DOLLARS ($86,750.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approval of the City Manager recruitment process. Council Member Sheley moved to direct Human Resources staff to begin to develop a profile of the desired candidate for City Manager. Council Member Murray seconded the motion. The vote follows: Page 7 of 11 Minutes of the Regular Session — June 27, 2002 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider taking from table confirmation of the City Manager's appointment of Chief of Police. During the meeting held on June 13, 2002, Council tabled until this meeting, the confirmation of the City Manager's appointment of the Chief of Police. In order to take action on the matter, it is necessary for a motion to be made to take the matter from the table. The motion requires a second and the affirmative vote of a majority of the quorum present at the meeting. The following persons registered to speak to Council supporting taking from the table confirmation of the City Manager's appointment of Chief of Police: Phil Davis, Allen Cannon, Bob Merchant, Jerry Gainer, Clint Johnson, Tom Hard, Johnny Erikson, Peck Meier, and Jackie Erikson. The following persons registered to speak to Council opposing taking from the table confirmation of the City Manager's appointment of Chief of Police: Veronica Estrada, (yielded time to Marga Hernandez) Marga Hernandez, Reverend Henry Can, (yielded time to Charles Mixon) and Charles Mixon. Council Member Murray moved to take from table confirmation of the City Manager's appointment of Chief of Police. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nay: Council Member Renteria. The motion carried. Consider confirmation of the City Manager's appointment of Chief of Police. The following persons registered to speak to Council in support of confirmation of the City Manager's appointment of Chief of Police: Joe Frank Robins, Donna Walker, Allen Cannon, Merle Hunt, Fred Elmore, Keli Anderson, Tracey Wheeler- Martinez, Bob Merchant, Kevin Pipes, Jerry Gainer, Carl Brandon, James Lewis, Maria Juarez, Gene Poirot, Peck Meier, Jackie Erikson, and Jim Cauley. The following persons registered to speak to Council in opposition to confirmation of the City Manager's appointment of Chief of Police: Page 8 of 9 Minutes of the Regular Session — June 27, 2002 Laura Acosta, (yielded time to Fred Aguilar) Fred Aguilar, Veronica Estrada, (yielded time to Marga Hernandez) Marga Hernandez, Joe Nieto, Reverend Henry Carr, Charles Mixon, Corinna Burns, David Martinez, Arthur Martinez, (yielded time to Hilda Martinez) Desir6e Martinez, (yielded time to Hilda Martinez) Hilda Martinez, Mary Marquez, (yielded time to Charles Mixon), Charles Mixon, Jason Martinez, (yielded time to Eva Benavides) and Eva Benavides. Mike Beard and Eric Halverson registered to speak to Council concerning confirmation of the City Manager's appointment of Chief of Police but declined to speak when given the opportunity. During public comment Mayor Alfaro announced that a short break was necessary and the meeting was recessed at 7:45 p.m. The meeting reconvened at 7:50 p.m. Johnny Erikson, Guillermo Ocegueda, Juan Macia, and Linda Navejar registered to speak to Council regarding confirmation of the City Manager's appointment of Chief of Police, but did not respond when their names were called. Council Member Godwin moved confirmation of the City Manager's appointment of Chief of Police. Council Member Mundinger seconded the motion. There was lengthy discussion, both in support of and opposition to confirmation. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nay: Council Member Renteria The motion carried. Consider election of Mayor Pro Tem. Section 15 of the Charter requires City Council to elect a Mayor Pro Tem. The Mayor Pro Tem shall act as the mayor during the absence or disability of the mayor and, if a vacancy should occur, shall become mayor until the next regular election. Council Member Murray moved the nomination of Council Member Anderson as Mayor Pro Tem. Council Member Mundinger seconded the motion. There were no further nominations. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 9 of 11 Minutes of the Regular Session — June 27, 2002 Consider appointments to Baytown Municipal Development District. The terms of the directors of the Municipal Development District are staggered. The Council Members that serve as Directors coextensive with their election to Council. Directors Lanham and Stasney serve through June, 2002. Directors Allen and Gilbert serve through June, 2003. It is time to consider appointments to the positions held by Messers. Lanham and Stasney. A chart reflecting each member's attendance was included in the packet. Council Member Sheley moved appointment of Fritz Lanham to the Baytown Municipal Development 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. Consider appointment to the Baytown Area Water Authority Board of Directors. 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. The term expires September 1, 2003. City Council is authorized to make the appointment. Council Member Mundinger moved appointment of Dan Conejo to the Baytown Area Water Authority Board of Directors. 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. Consider appointment to the Baytown Area Community Long Range Planning Commission. Council Member Renteria moved appointment of Larry Newton to the Baytown Area Community Long Range Planning Commission to fill the unexpired term of Aline Reineke, who passed away recently. 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. Page 10 of 11 Minutes of the Regular Session — June 27, 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. The term expires on July 27, 2003. City Council is authorized to make the appointment. Council Member Godwin moved appointment of Dana Davis to the Board of Adjustment. 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. Announcement of Mayor's appointments to the Baytown Housing Authority. The appointments are made by the Mayor pursuant to Texas Local Government Code, Sections 392.031 and 392.0331. The terms of Linda Winkleman, Hector Meza, and Wayne Hanson expire on July 1, 2002. Mayor Alfaro announced his appointment of Linda Winkleman, Hector Meza, and Wayne Hanson to the Baytown Housing Authority. Consider appointments to Baytown Housing Finance Corporation. The Baytown Housing Finance Corporation board is interlocking with the Baytown Housing Authority board. The terms of Linda Winkleman, Hector Meza, and Wayne Hanson expire on July 1, 2002. Each has agreed to serve if reappointed. Council Member Murray moved appointment of Linda Winkleman, Hector Meza, and Wayne Hanson to the Baytown Housing Finance Corporation. 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. None. Page 11 of 11 Minutes of the Regular Session — June 27, 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 9:00 p.m. dia6 W. ith City Clerk