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2002 10 10 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 10, 2002 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on October 10, 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 Gary M. Jackson Interim City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The meeting was opened with a quorum present. Mayor Alfaro recognized the high school students present from Ms. Duke's and Ms. White's classes at Sterling High School. Council Member Mundinger 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 September 26, 2002. Council Member Murray moved approval of the minutes of the work session and regular meeting held on September 26, 2002, correcting the amount by which Phase One of the Community Center Renovation Project will increase from $1,000,000 to $100,000 on page two of the work session minutes. 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. Citizen Communications: James A. Davis, 1808 E. James, is requesting payment for architectural services related to the renovation of City Hall, invoice dated July 22, 1997. Mr. Davis asserted that he is owed $71,077.50 for work he did 1997 and that staff had delayed payment until the statute of limitations prevented the City from paying the invoice. Mayor Alfaro referred Mr. Davis' request to Administration for response. Page 2 of 10 Minutes of the Regular Session — October 10, 2002 Consider Proposed Ordinance No. 021010 -1, the final reading of the ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a six -acre tract east of Thompson Road and south of the Atlantis Truck Wash. Proposed Ordinance No. 021010 -1 is the final reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City and being a six -acre tract east of Thompson Road and south of the Atlantis Truck Wash. The City has received a request to annex a six -acre tract of land owned by Roger Williams and proposed for the construction of a truck wash. Mr. Williams has filed and the City Council has approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on July 25, 2002. The proposed ordinance was approved at its first reading on August 22, 2002 and was published in the Baytown Sun on August 28, 2002. More than thirty days have elapsed since publication of the ordinance and the ordinance can be considered for final action. 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. ORDINANCE NO. 9404 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 6 -ACRE TRACT EAST OF THOMPSON ROAD AND SOUTH OF INTERSTATE 10 AND THE ATLANTIS TRUCK WASH PROPERTY, IN THE WILLIAM HILBUS SURVEY, ABSTRACT 336; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 021010 -2, placing the six -acre tract located east of Thompson Road and south of the Atlantis Truck Wash in Council District No. 3. Proposed Ordinance No. 021010 -2 places the recently annexed six -acre tract east of Thompson Road and south of the Atlantis Truck Wash in Council District No. 3. 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. 3. 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. Page 3 of 10 Minutes of the Regular Session — October 10, 2002 ORDINANCE NO. 9441 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 6 -ACRE TRACT EAST OF THOMPSON ROAD AND SOUTH OF INTERSTATE 10 AND THE ATLANTIS TRUCK WASH PROPERTY, IN THE WILLIAM HILBUS SURVEY, ABSTRACT 336 TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 021010 -3, awarding the bid for a construction contract for the Sjolander 12" Waterline Project. Proposed Ordinance No. 021010 -3 awards the bid for a construction contract for the Sjolander 12" Waterline Project to Joslin Construction Co., Inc. in the amount of $262,775.72. The scope of work includes installation of approximately 6,600 linear feet of 12 -inch waterline along Sjolander Road. Additionally, this project includes 14 fire hydrants and several valves for future residential waterline connections. The engineer's estimated construction cost was $285,000. Construction duration is estimated to be 120 calendar days. This project will be funded by 2000 Certificates of Obligation. Council Member Anderson 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. 9442 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 JOSLIN CONSTRUCTION CO., INC., FOR THE SJOLANDER 12" WATERLINE PROJECT; AUTHORIZING PAYMENT OF THE SUM OF TWO HUNDRED SIXTY -TWO THOUSAND SEVEN HUNDRED SEVENTY -FIVE AND 721100 DOLLARS ($262,775.72); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 021010 -4, approving Change Order No. 2 to the Craigmont and School Courts Sanitary Sewer Rehabilitation Phase I contract. Proposed Ordinance No. 021010 -4 authorizes Change Order No. 2 to the Craigmont and School Courts Sanitary Sewer Rehabilitation Phase I contract with PM Construction to increase the authorized expenditure limit in order to capitalize on competitive pricing and advance the time to perform the work that would otherwise be done as part of Phase II of the project. The original contract amount was $449,476.93. Change Order No. 1, in the amount of $5,278, added a line item for 10" pipe bursting to replace an existing line item for 8" pipe bursting on Elvinta Street. Change Order No. 1 was approved administratively and increased the contract amount to $454,754.93. This proposed change order increases the contract amount by $107,091.23, or 23.55 %, for an adjusted total amount of $561,846.16. Funding is available from 2002 Certificates of Obligation. Page 4 of 10 Minutes of the Regular Session — October 10, 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 carried. ORDINANCE NO. 9443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH P.M. CONSTRUCTION AND REHABILITATION, L.P., FOR THE CRAIGMONT SANITARY SEWER REHABILITATION PROJECT - PHASE I; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED SEVEN THOUSAND NINETY -ONE AND 23/100 DOLLARS ($107,091.23); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 021010 -5, approving Change Order No. 4 to the professional services contract for the State Highway 146 Lift Station and Force Main Project. Proposed Ordinance No.021010 -5 approves Change Order No. 4 to the professional services contract and authorizes final payment in the amount of $6,550.77 to Busch, Hutchison & Associates, Inc. (BHA) for preparation of plans and specifications for the State Highway 146 Lift Station and Force Main Project. Change Order No. 4, in the amount of $5,668.83, adjusts the professional services contract amount to reflect 9% of total construction costs, for a final contract amount of $80,575.03. The original professional services contract amount of $45,000 was based on BHA's estimate of a $500,000 construction cost. Additionally, BHA's contract included an allowance of $7,500 for surveying, geotechnical services, and reimbursable expenses. The construction contract was awarded to Angel Brothers Construction, Inc. in the amount of $649,412. Change Orders No. 1 and 2 were approved administratively and were for additional surveying and geotechnical services, in the amount of $8,301.70. When the project neared completion, an estimate was made of the final construction cost. In order to adjust the professional services contract amount to reflect 9% of construction costs, surveying, geotechnical services and reimbursable expenses, administration approved Change Order No. 3 in the amount of $14,104.50, for an adjusted contract amount of S74,906.20. After the project was completed and the actual final construction cost was determined to be $645,899, the engineering and design fees were recalculated. The final professional services contract amount of $80,575.03 ($58,130.91 for basic services and $22,444.12 for reimbursables) represents a 53.48% cost increase for professional services. This growth is due to the increase in construction cost from the original estimate of $500,000 to $645,899 and the increases in surveying, geotechnical services, and reimbursables. Funding is available in the Capital Improvement Projects Water and Sewer Fund. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Page 5 of 10 Minutes of the Regular Session — October 10, 2002 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 4 WITH BUSCH HUTCHISON AND ASSOCIATES, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE STATE HIGHWAY 146 LIFT STATION AND FORCE MAIN PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FIVE THOUSAND SIX HUNDRED SIXTY -EIGHT AND 83/100 DOLLARS ($5,668.83) TO BUSCH HUTCHISON AND ASSOCIATES, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 021010 -6, approving an amendment to the architectural services contract with Bricker, Cannady Architects, to expand the scope of services to include Phases Two and Three of the master plan related to the Baytown Community Building. Proposed Ordinance No. 021010 -6 approves an amendment to the architectural services contract with Bricker, Cannady Architects, to expand the scope of services related to the Baytown Community Building. City Council previously authorized two contracts with Bricker, Cannady Architects (BCA) to (1) develop a Master Plan for renovation of the Community Center and (2) for design and construction documents for the replacement of the HVAC, roof, and ADA upgrades for the restrooms (Phase One). In the Council work session on September 26, 2002, the consensus was to move forward with negotiation of a contract amendment with BCA to implement Phases One, Two, and Three of the master plan. This contract amendment will increase the fixed fee amount by $152,586 for the additional $1.8 million in construction work, increase the duration of the contract by 24 months, and expand the scope of services to include the design, construction documents, and bids specification for the Phases Two and Three of the Master Plan. Funding for the original scope of work is 2001 Bonds. Funding for the additional work is available from 2002 Certificates of Obligation. Council Member Sheley moved to table the item, until more information can be made available to Council. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Sheley. Nays: Anderson, Murray, and Renteria. Mayor Alfaro. The motion failed. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. Page 6of10 Minutes of the Regular Session — October 10, 2002 Concerns were raised about the plans to decrease the overall meeting room area by 46 %, thereby limiting the number of larger functions in the auditorium. It was also noted that, with the present budgetary constraints, the expenditure of $2,000,000 could be perceived as fiscally unsound. The vote follows: Ayes: Council Member Renteria. Nays: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. The motion failed. Consider Proposed Ordinance No. 021010 -7, engaging Coats, Rose, Yale, Ryman & Lee, P.C., for the performance of legal services in connection with the Municipal Court and Jail Project. Proposed Ordinance No. 021010 -7 engages Coats, Rose, Yale, Ryman & Lee, P.C. ( "Coats/Rose "), for the performance of legal services in connection with the Municipal Court and Jail Project. Specifically, Coats/Rose will conduct an investigation of the delays and workmanship issues associated with the court and jail facilities and present options as to how the City might best correct the outstanding issues. The investigation will entail: a review of the following: • the contract documents; • the correspondence between and among the City, architect, and construction contractor; and, o the remaining punch list items; a physical examination of the facilities; interviews with persons involved with the project; and assistance in working with the insurance and bonding companies. Coats/Rose estimates their fees for the initial audit activities as described in their proposal to be $7,500 to $10,000. Preparation and filing of a lawsuit against the construction company surety is estimated to cost $3,000 to $5,000. If litigation activities beyond the mere filing of a lawsuit are required, additional fees can be expected. Texas law provides for recovery of attorney's fees and related expenses against the surety in the event the City were to prevail in its legal claim. Payment for these initial services will be on an hourly basis and will not exceed $15,000 without additional authorization. Randall B. Strong will provide local counsel to the City under this agreement. Council Member Murray 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 7 of 10 Minutes of the Regular Session — October 10, 2002 ORDINANCE NO. 9445 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ENGAGING COATS, ROSE, YALE, RYMAN & LEE, P.C., FOR THE PERFORMANCE OF LEGAL SERVICES IN CONNECTION WITH THE MUNICIPAL COURT AND JAIL PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 021010 -1, authorizing a transfer of funds between departments in accordance with Section 68 of the City Charter. This item was withdrawn from consideration. Consent Agenda a. Proposed Ordinance No. 021010 -8 approves a contingent purchase contract with the Church of God for 0.64 acres on Bob Smith Road for property for the Police Academy/Emergency Operations Center (EOC) site. The property will connect the future Police Academy and EOC site to Bob Smith Road, improving access and traffic flow. This purchase is contingent on an appraisal of at least the purchase price, re- platting to divide the property, and an environmental assessment. The purchase price is $15,000 and will be 100% funded by the EOC construction grant. b. Proposed Ordinance No. 021010 -9 awards the bid for the purchase of surveillance equipment for the Hams County Organized Crime and Narcotics Task Force in the amount of $43,947, as follows: Items No. 1 and 2 to Advanced Marketing & Sales Associates in the amount of $39,165, and Item No. 3 to Tai Audio in the amount of $4,782. We received four bids. Funds are available in the Organized Crime and Narcotics Task Force Fund. C. Proposed Ordinance No. 021010 -10 authorizes the Mayor to execute an agreement with the Greater Harris County 9 -1 -1 Emergency Network (GHC911) to allow the City to participate in the Network Early Warning System (NEWS). GHC911 includes that portion of Baytown in Chambers County. This system provides an additional tool for the City to inform and protect its citizens and replaces FirstCall. NEWS provides early warning notifications, via telephone system, to citizens during emergency situations (chemical incidents, explosions, lost or abducted children, natural gas leaks, or dangerous criminal activity). Another advantage of NEWS will be access to a more accurate telephone number database, which will include all non - published telephone numbers. FirstCall does not have access to this data. The GHC911 Network will provide and maintain the system at no cost to the City. However, should the City use the system in an emergency situation, a charge of 15 cents per thirty- second message delivered will be assessed. The first year's cost for FirstCall was $10,755, plus $750 for map set -up. For the second year, $10,217 was budgeted and $9,706 for the third year. The activation fee is $40 per line hour, with a minimum of one hour. With FirstCall, an activation that required a 30 second notification to 500 telephone numbers would cost $166.80. This compares to $75 for the use of NEWS. Funds originally budgeted for the FirstCall System are available in the Emergency Management Division budget. Page 8of10 Minutes of the Regular Session — October 10, 2002 , d. Proposed Resolution No. 021010 -2 cancels the Council meetings scheduled for the fourth Thursday of November and the fourth Thursday of December, 2002, and calls a special Council meeting on Tuesday, November 26, 2002. This scheduling avoids conflicts with the Thanksgiving and Christmas holidays. Council Member Godwin moved adoption of the consent agenda, items a through d. 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. 9446 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF THE EAST 101 FEET OF THE PROPERTY LOCATED AT 112 BOB SMITH ROAD, BAYTOWN, HARRIS COUNTY, TEXAS, FROM THE CHURCH OF GOD; DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EARNEST MONEY CONTRACT FOR SUCH PURCHASE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9447 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ADVANCED MARKETING & SALES ASSOCIATES AND TAI AUDIO FOR THE PURCHASE OF SURVEILLANCE EQUIPMENT FOR THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -THREE THOUSAND NINE HUNDRED FORTY -SEVEN AND NO /100 DOLLARS ($43,947.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9448 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE GREATER HARRIS COUNTY 9 -1 -1 EMERGENCY NETWORK TO ALLOW THE CITY TO PARTICIPATE IN THE NETWORK EARLY WARNING SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1561 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON NOVEMBER 26, 2002, AT 6:30 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CANCELING THE REGULAR COUNCIL MEETINGS TO BE HELD ON NOVEMBER 28, 2002, AND DECEMBER 26, 2002, AT 6:30 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 10 Minutes of the Regular Session – October 10, 2002 Consider approval of the City Manager interview process. City Council must decide the procedure to employ for the interview process for the city manager candidates. In most other cities, the process would be conducted in an executive or closed session. Our Charter prohibits such a session. Following are the options available to interview the final candidates: Option 1—City Council will interview the candidates in open session. Option 2 —Video interview that would be presented to each Council Member for review. Option 3 —Have the final candidates respond to a select questionnaire in order to provide City Council with more information. Option 4—No interview. City Council will select the final candidate from the three finalists. Council Member Murray moved to select Option No. 4. 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. Mayor Alfaro noted that an item to appoint Mr. Jackson would be on the next agenda for Council approval. He also acknowledged the assistance of Alison Froelich- Smith, Director of Human Resources, for her assistance throughout this process. City Manager's Report. Interim City Manager Jackson complimented staff regarding the skill level and competence of the response to the three tropical storms that had threatened Baytown recently. Mr. Jackson informed Council that staff has resubmitted an application with an improved layout for a Parks and Recreation grant for the renovation of the Wayne Gray Sports Complex expansion and renovation. Mr. Jackson said that evaluation of the application will take place in January 2003. Regarding the problem of subdivision signs in the median (which resulted in an appeal hearing on September 26, 2002), Mr. Jackson offered Council three options: 1) reservations in the platting process; 2) abandonment of a portion of the right -of -way; or, 3) amendment of the sign ordinance. Mr. Jackson recommended that amendments to the sign ordinance be avoided, adding that a combination of the first two options would solve the problem encountered by Busch, Hutchison and Associates with the sign for Country Club Manor. He said that an item to amend the Code of Ordinances to accomplish this will be included on the same agenda as the abandonment when ready. Page 10 of 10 Minutes of the Regular Session — October 10, 2002 op� Adjourn. Council Member Mundinger moved that the meeting adjourn. 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. There being no further business, the meeting adjourned at 7 :55 p.m, f /) GWW. Smitfi-- City Clerk