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2002 11 14 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 14, 2002 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on November 14, 2002, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary M. Jackson Ignacio Ramirez, Sr. Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor Interim City Manager City Attorney City Clerk The meeting was opened with a quorum present. Mayor Alfaro recognized the high school students present. 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 emergency meeting held on October 22, 2002. Council Member Mundinger moved approval of the minutes of the emergency meeting held on October 22, 2002. Council Member Renteria 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. Consider approval of minutes of the work session and regular meeting held on October 24, 2002. Council Member Murray moved approval of the minutes of the work session and regular meeting held on October 24, 2002. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. Council Member Renteria abstained The motion carried. Page 2 of 12 Minutes of the Regular Session — November 14, 2002 Consider approval of minutes of the work sessions held on November 8 and 9, 2002. Council Member Murray moved approval of the minutes of the work sessions held on November 8 and 9, 2002, as modified. 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. Presentation of Gulf Guardian Award. Wayne Gray, Board of Parks and Recreation, Wetlands Education Center Director Travis Lovelace, and Parks and Recreation Director Scott Johnson presented the award to City Council. Since the formation of the Goose Creek Stream Development Committee in 1990, several projects have begun to revitalize and restore the Goose Creek Greenbelt, including creation of the Baytown Nature and Education Center, reclamation of the Brownwood area as the Baytown Wetlands Center and development of the Chandler Arboretum. These ongoing projects, as well as the Goose Creek Stream Trail Project, have made Baytown a better place to live and play. Presentation of the Police rescue video and certificates of commendation. Interim City Manager Jackson informed Council that early on the morning of November 6, 2002, several police officers were dispatched to a major accident. These officers included Lieutenant Claud "Bubba" Deel, and Officers Marvin Currie, James Kerr, Aron Crowell, Jessica Strombaugh, Jesse Armstrong, and Scott James. Because of their courage, no lives were lost in the accident. Officer Currie narrated the video of the rescue. Mr. Jackson presented certificates of commendation to the officers for their heroic efforts. Conduct a public hearing to consider the request of Michael W. Chatham to amend the Official Zoning Map of the City of Baytown to rezone property described as Tract 18 out of the J. W. Singleton Survey, A -709, Baytown, Harris County, Texas, from Neighborhood Conservation (NC) to Mixed Use (MU). The public hearing was called to order at 6:51 p.m. Notice of the public hearing was published in the Baytown Sun on Sunday, October 27, 2002, more than 15 days before the public hearing. Notice was mailed to all property owners within 300 feet of this location on or before October 25, 2002, more than 15 days before the public hearing. The Baytown Zoning Commission met on October 16, 2002, and voted unanimously to recommend that City Council approve the request to change the zoning district classification of the property located at 1401 Massey - Tompkins, more fully described as Tract 18 out of the J. W. Singleton Survey, A -709, Baytown, Hams County, Texas, from Neighborhood Conservation (NC) to Mixed Use (MU). The applicant is proposing to use the structure for an automobile repair shop, which is not a permitted use in the NC district. The existing structure at this location was previously used as a Fire Station. Based on the staff analysis, this request meets the six amendment criteria established in the Zoning Ordinance. Page 3 of 12 Minutes of the Regular Session — November 14, 2002 No one appeared to speak at the public hearing. The public hearing was closed at 6:53 p.m. Conduct the first public hearing on the proposed annexation of a 3.2429 acre tract of land located northeast of the intersection of Garth Road and North Road, being out of Lots 10, 11, 12, 13, 14, and 15, Block 1 of the East End Addition to Highland Farms Subdivision in Harris County, Texas. Council was not ready to conduct the public hearing for this item. Conduct the second public hearing on the proposed annexation of a 3.2429 acre tract of land located northeast of the intersection of Garth Road and North Road, being out of Lots 10, 11, 12, 13, 14, and 15, Block 1 of the East End Addition to Highland Farms Subdivision in Harris County, Texas. Council was not ready to conduct the public hearing for this item. Consider Proposed Ordinance No. 021114 -1, amending the Official Zoning map of the City of Baytown to rezone property described as Tract 18 out of the J. W. Singleton Survey, A -709, Baytown, Harris County, Texas, from Neighborhood Conservation (NC) to Mixed Use (MU). The Baytown Zoning Commission met on October 16, 2002, and voted unanimously to recommend that City Council approve the request to change the zoning district classification of the property located at 1401 Massey- Tompkins, more fully described as Tract 18 out of the J. W. Singleton Survey, A -709, Baytown, Harris County, Texas, from Neighborhood Conservation (NC) to Mixed Use (Mil). The applicant is proposing to use the structure for an automobile repair shop, which is not a permitted use in the NC district. The existing structure at this location was previously used as a Fire Station. Based on the staff analysis, this request meets the six amendment criteria established in the Zoning Ordinance. 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. 9462 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 TRACT 18 OUT OF THE J.W. SINGLETON SURVEY, A -709, BAYTOWN, HARRIS COUNTY, TEXAS, FROM A NEIGHBORHOOD CONSERVATION (NC) DISTRICT TO A MIXED USE (MU) DISTRICT; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 4 of 12 Minutes of the Regular Session — November 14, 2002 Consider Proposed Resolution No. 021114 -1, granting the petition to annex a 28.535 -acre tract located west of Barkuloo Road and north of Briarcreek subdivision and being out of the J. W. Singleton Survey, A -709, in Harris County, Texas and authorizing preparation of a service plan. This property is along the route of the proposed Baker Road extension. The proposed resolution authorizes staff to prepare a service plan for the property, establish dates for public hearings, and provides notice of the public hearings. Following approval of the resolution and the service plan, City Council will be required to hold two public hearings. Notice of the public hearings will be published in The Baytown Sun and will be posted on the City's Internet website. The annexation ordinance may be considered after 20 days have elapsed following the public hearings. The final reading of the ordinance may be held 30 days after the ordinance is passed on its first reading and published. Council Member Murray moved adoption of the proposed resolution. 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. RESOLUTION NO. 1563 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF RICHARD J. THOMSON CONCERNING THE ANNEXATION OF A 28.535 - ACRE TRACT LOCATED WEST OF BARKUL00 ROAD AND NORTH OF BRIARCREEK SUBDIVISION AND BEING OUT OF THE J.W. SINGLETON SURVEY, A -709, BAYTOWN, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 021114 -2, approving an interlocal agreement with the Baytown Municipal Development District to provide funding for the design and engineering for utility extensions in conjunction with the proposed North Main annexation. Proposed Ordinance No. 021114 -2 approves an interlocal agreement with the Baytown Municipal Development District for the District to provide funding, not to exceed $300,000, for the design and engineering fees for utility extensions in conjunction with the proposed North Main annexation. Approval of this agreement will allow the professional services procurement process to parallel the annexation process so that design can begin more quickly if the annexation is ultimately approved. No funds will be expended if the annexation is not approved. The water and sewer lines would be extended from Lynchburg -Cedar Bayou Road to Interstate Highway 10 at an estimated cost of $2.6 million. Funding for construction has not been budgeted. On November 7, 2002, the MDD approved the 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 5 of 12 Minutes of the Regular Session — November 14, 2002 ORDINANCE NO. 9463 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 CITY OF BAYTOWN AND THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT TO PROVIDE FUNDING FOR THE DESIGN, ENGINEERING, AND DEVELOPMENT OF THE NORTH MAIN STREET WATER AND SEWER LINE EXTENSION PROJECT IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND AND N0 1100 DOLLARS ($300,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 021114 -3, authorizing letter agreements with the property owners for the dedication of property for the Baker Road Extension Project, extending Baker Road from North Main to Crosby -Cedar Bayou Road. Proposed Ordinance No. 021114 -3 authorizes letter agreements with the property owners for the dedication of property for the Baker Road Extension Project, extending Baker Road from North Main to Crosby -Cedar Bayou Road. Separate letter agreements have been obtained from the (1) North Main Properties ( "NMP'�, (2) Chandler/Meister Group, (3) William J. Reineke, and (4) Louise Donovan. The letter agreements vary to some extent, but each contains the following salient provisions: ➢ The property owners are required to dedicate to the City fee simple title to the property in a form approved by the City Attorney within sixty days after the property is surveyed; ➢ The Baytown Municipal Development District and/or the City will endeavor to commence construction of the extension of Baker Road between North Main to Crosby -Cedar Bayou Road within three (3) to ten (10) years after the vesting of the title to the Property in the City; ➢ Should construction fail to commence within the time period specified, the property shall revert to the property owners upon request. Additionally, NMP has deposited $25,000 for a survey of portions of its property as well as portions of 4407 Cedar Bayou - Lynchburg and 4808 Barkuloo Road needed for the extension project. On June 13, 2002, the MDD committed to paying up to $25,000.00 for the same survey. If the costs of the survey exceed $50,000, NUT will pay the excess. On November 7, 2002, the MDD approved the letter agreements. Council Member Murray 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. 9464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING LETTER AGREEMENTS WITH THE PROPERTY OWNERS FOR THE DEDICATION OF PROPERTY FOR THE BAKER ROAD EXTENSION PROJECT, EXTENDING BAKER ROAD FROM NORTH MAIN TO CROSBY CEDAR BAYOU ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 12 Minutes of the Regular Session — November 14, 2002 Consider Proposed Ordinance No. 0211144, amending Chapter 42 "Health and Sanitation," Article V, "Live Outdoor Exhibitions," Section 42 -286 "Permit required" of the Code of Ordinances, to regulate live outdoor exhibitions. Council was not ready for action on this item. Consider Proposed Ordinance No. 021114 -5, awarding a professional services contract for the West Wye Drive Drainage Improvements Project. Proposed Ordinance No. 021114 -5 awards a professional services contract to Freese & Nichols for the West Wye Drive Drainage Project. Compensation for basic services is an amount not to exceed $30,500, plus an amount not to exceed $12,870 for surveying, environmental assessment, and reimbursable expenses, for a total contract amount not to exceed $43,370. The scope of work includes the design of drainage improvements and a detention basin at the end of West Wye Drive. Construction costs will not be estimated until completion of the drainage study currently being performed. The property is currently owned by the City. This project will be funded by 2002 General Obligation Bonds. 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. 9465 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES CONTRACT WITH FREESE AND NICHOLS, INC., FOR SURVEYING AND ENGINEERING SERVICES FOR THE WEST WYE DRIVE DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FORTY -THREE THOUSAND THREE HUNDRED SEVENTY AND N01100 DOLLARS ($43,370.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 021114 -6, authorizing payment to the Texas Commission on Environmental Quality for the Annual Water Quality Assessment and Waste Treatment Fees. Proposed Ordinance No. 021114 -6 authorizes payment to the Texas Commission on Environmental Quality for the Annual Water Quality Assessment and Waste Treatment Fees as follows: Central District Plant, $28,060, East District Plant, $36,200, West District Plant, $18,810, for a total amount of $83,070. The water quality assessment fees fund a state program to assess the quality of the river basins of the State in response to the Federal Clean Water Act. State law requires the TCEQ to recover the reasonable costs of the assessment program from wastewater permit holders and water right holders. Page 7 of 12 Minutes of the Regular Session — November 14, 2002 The Wastewater Treatment Fees, assessed annually each October 31, are imposed on each permittee holding a permit under the Texas Water Code, Chapter 26. All fees are to be deposited in a fund for the purpose of supplementing other funds appropriated by the Legislature to pay the expenses of the Commission to administer water quality programs consistent with the provisions of the Texas Water Code, Chapter 26, the rules and orders of the Commission, and the provisions of the Commission permit governing waste discharges and water treatment facilities. Point calculations are based on the daily average flow limits and permitted parameters specified in the permits. This is an increase of $11,819.25 from the 2001 fees. Funds are available in the Wastewater Treatment budget. Council Member Renteria 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. 9466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -THREE THOUSAND SEVENTY AND NO 1100 DOLLARS ($83,070.00) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AS THE COST FOR THE ANNUAL WASTE TREATMENT FEES AND THE ANNUAL WATER QUALITY ASSESSMENT FEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a. Proposed Ordinance No. 021114 -7 authorizes payment of the FY2003 Houston Area Library Automated Network (HALAN) contract fee, in the amount of $58,458, for provision of an integrated automated circulation system at the library. Sterling Municipal Library has been a member of HALAN since 1978. The membership fees and contract are renewed annually. We have 34 workstations and seven terminal reference LAN connected to the system. Public and staff use of electronic information via this system equaled 124,110 times last year, an increase of 24% over the previous year. This request reflects a $13,008 increase (28.6 %) over the previous year, as the fee schedule was reformulated based upon usage rather than number of terminals connected to the network. This more fairly distributes costs to those larger libraries that are heavier users of system resources. Further, an independent consultant who evaluated the proposed fee structure and compared it to other consortiums noted that, in previous years, there had not been any inflation factor built into the calculation. The reformulated fees also reflect inflationary costs. Funds are available in the Sterling Municipal Library budget. b. Proposed Ordinance No. 021114 -8 approves the final payment of $45,590 to Underwood Sheetmetal, Inc. and accepts the installation of the Tremco Metal Roofing System on the structure located at 2101 Market Street (formerly Baytown Rentals). The contractor was given 30 working days to complete this project and it was completed in 10 working days. The building is currently used by the Parks Department for storing supplies, assembling playground equipment and for the storing of records. During renovation of the Community Center, administrative offices will be located at the structure. The contractor's work was satisfactory and the project was completed at the approved budget price. Council authorized the use of contingency funds for this project on August 8, 2002. Page 8of12 Minutes of the Regular Session — November 14, 2002 C. Proposed Ordinance No. 021114 -9 rejects all bids opened on September 23, 2002, and awards the re -bid of the Tremco Roofing System repair on the Fire Administration Building located at 3110 North Main Street to Pyramid Waterproofing, Inc., in the amount of $49,700. Four bids were received. Pyramid Waterproofing, Inc. is the apparent low responsible bidder. d. Proposed Ordinance No. 021114 -10 awards the final renewal of the annual construction materials contract to Deer Park Lumber Company in the amount of $75,000. Deer Park Lumber has submitted a written request to renew the current contract for the same pricing. Quantities fluctuate during the term of this contract. The award amount is based on average yearly usage. This contract is used by all departments for construction materials, roofing materials, and masonry items. e. Proposed Ordinance No. 021114 -11 awards a demolition contract for 200 Gresham, 1218 Carnegie, 1514 Hawthorne, 135 Heron Inlet North, and 1508 Kilgore /Jones to All Texas Demolishing, in the amount of $12,650.00. All are abandoned residential structures. Nine bid packages were picked up and three were returned. All Texas Demolishing is the apparent low responsible bidder. Notwithstanding the total award amount less than $25,000, this item is submitted for Council approval because other demolition contracts have been awarded to All Texas Demolishing bringing a total award for all contracts to an amount in excess of $25,000. Location Description of Structure 200 Gresham Substandard garage. 1218 Carnegie Abandoned, substandard house. 1514 Hawthorne Abandoned, substandard house. 135 Heron Inlet North Abandoned, substandard mobile home. 1508 Kilgore /Jones Substandard mobile home. Bid Amount $1,850 $2,450 $4,250 $2,250 $1,850 Total $12,650 Each structure was ordered demolished by the Urban Rehabilitation Standards Review Board at its September 9, 2002 meeting. The Department of Housing and Urban Development has issued a national objective to aid in the reduction of slum and blight. The demolition of these structures will meet this objective. This project is funded by CDBG funds. f. This item was removed for separate consideration. g. Proposed Ordinance No. 021114 -13 updates the Personnel Policy Manual to allow performance evaluations to be conducted on the anniversary of the employee's date of employment. The proposed schedule will move the evaluation time from the end of the calendar year to times throughout the year, providing more time to prepare and provide appropriate feedback during the evaluation. h. Proposed Resolution No. 021114 -2 requests the sheriff or constable to sell the property located at 5610 Bayway Drive at a public sale pursuant to Section 34.05(c) of the Texas Tax Code. In 1997, the Legislature amended the Tax Code to allow taxing entities to sell via a public sale property held by a taxing entity as a result of the receipt of an insufficient bid at a tax foreclosure sale. At a public sale, the property will be sold at a public auction at the courthouse door of the county on the first Tuesday of the month, between the hours of 10:00 a.m. and 4:00 p.m. Page 9 of 12 Minutes of the Regular Session — November 14, 2002 The acceptance of a bid at such a sale is conclusive and binding on the question of its sufficiency. As such, it is believed that this process will provide the City an efficient mechanism for (i) returning deteriorated or unproductive properties to the tax rolls, (ii) enhancing the value of ownership to the properties neighboring those which have been bid off to the City in tax foreclosure sales, and (iii) improving the safety and quality of life throughout the City. This resolution authorizes the sale of the following property: Property Address: 5610 Bayway Drive Legal Description: Lot 7, Block L, Wooster B & I Number and Style of Suit: Cause No. 1989- 30677; City of Baytown v. Linda J. Armstrong; In the 295th Judicial District Court, Harris County, Texas Date of Tax Foreclosure Sale: May 6, 1997 This property was approved for a sheriff or constable's sale by Council at the July 25, 2002, council meeting via Resolution No. 1555. However, if the sheriff or constable's sale does not occur within 90 days of the passage of the resolution, then another resolution must be passed before the sale shall commence. Although a certified copy of Resolution No. 1555 was prepared on July 29, 2002, it was not received by Randy Strong's office before the 90 -day period expired. Another resolution is required to authorize the sheriff or constable to sell the property located at 5610 Bayway Drive, Baytown, Texas 77520. The right of redemption has expired on the property. The property contains no improvements. Council Member Mundinger moved adoption of the consent agenda, items a through e, g and h. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor A] faro. Nays: None. The motion carried. ORDINANCE NO. 9467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FY2003 HOUSTON AREA LIBRARY AUTOMATED NETWORK (HALAN) CONTRACT FEE FOR AN INTEGRATED AUTOMATED CIRCULATION SYSTEM AT THE LIBRARY IN THE AMOUNT OF FIFTY -EIGHT THOUSAND FOUR HUNDRED FIFTY -EIGHT AND N01100 DOLLARS ($58,458.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE INSTALLATION OF THE TREMCO METAL ROOFING SYSTEM ON THE STRUCTURE LOCATED AT 2101 MARKET STREET AND IMPROVEMENTS; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY -FIVE THOUSAND FIVE HUNDRED NINETY AND NO /100 DOLLARS ($45,590.00) TO UNDERWOOD SHEETMETAL, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 12 Minutes of the Regular Session — November 14, 2002 ORDINANCE NO. 9469 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS FOR THE TREMCO ROOFING SYSTEM REPAIR OF THE STRUCTURE LOCATED AT 3110 NORTH MAIN STREET; AWARDING THE TREMCO ROOFING SYSTEM REPAIR OF THE STRUCTURE LOCATED AT 3110 NORTH MAIN STREET — REBID TO PYRAMID WATERPROOFING, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -NINE THOUSAND SEVEN HUNDRED AND NO /100 DOLLARS ($49,700.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF DEER PARK LUMBER COMPANY FOR THE ANNUAL CONSTRUCTION MATERIALS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -FIVE THOUSAND AND NO /100 DOLLARS ($75,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ALL TEXAS DEMOLISHING FOR THE DEMOLITION OF STRUCTURES; AUTHORIZING EXECUTION OF A CONTRACT FOR THE SUM OF TWELVE THOUSAND SIX HUNDRED FIFTY AND NO 1100 DOLLARS ($12,650.00); MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. ORDINANCE NO. 9472 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING THE CITY OF BAYTOWN PERSONNEL POLICY MANUAL TO ALLOW A PERFORMANCE EVALUATION TO BE CONDUCTED ON THE EMPLOYEE'S ANNIVERSARY DATE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. RESOLUTION NO. 1564 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 5610 BAYWAY DRIVE AT A PUBLIC SALE PURSUANT TO SECTION 34.05 (C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Ordinance No. 021114 -12 awards the purchase of one 2003 Ford flatbed truck, one 2003 Ford Ranger pickup, and one 2003 Ford bucket truck through the Houston - Galveston Area Council (H -GAC) in the amount of $100,777.05, inclusive of the H -GAC fee of $600. The trucks will be purchased from Philpott Motors, Inc., Port Neches, Texas. $30,000 is budgeted for the flatbed truck, $15,350 for the pickup truck, and $75,000 for the bucket truck. Information for each truck is as follows: Page 11 of 12 Minutes of the Regular Session — November 14, 2002 Item Cost Funding Replaces Flatbed truck $30,288.40 Parks /Motor Vehicles 1995 % ton construction truck Ford Ranger PU $13,606.40 Inspections /Motor Vehicles 1989 Ranger PU Bucket truck $56.882.25 Traffic Control/Capital Lease Purchase 1984 bucket truck Total $100,777.05 Interim City Manager Jackson informed Council that due to a 12.19% decline in sales tax revenue compared to last year at this time, and staffs concern that this could be the beginning of a trend, expenditures are being carefully monitored. Consequently, staff is requesting that Council award purchase of the bucket truck only. Council Member Anderson moved adoption of the ordinance awarding the purchase of the 2003 bucket truck only. 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. 9473 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -SIX THOUSAND EIGHT HUNDRED EIGHTY -TWO AND 25/100 DOLLARS ($56,882.25) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2003 FORD BUCKET TRUCK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointment to the Board of Directors of the Reinvestment Zone Number One, City of Baytown. Council was not ready for action on this item. City Manager's Report. Interim City Manager Jackson informed Council that Texas Recycles Days will be held on November 15 and 16, 2002 at the Lowe's Home Improvement Warehouse. Mr. Jackson displayed a photo of the new mosquito spray unit. He said that it will allow increased flexibility to get to the breeding areas of the mosquitoes that carry St. Louis encephalitis and West Nile virus. Mr. Jackson reminded Council of the fundraiser for Officer John Way to be held on November 23, 2002. Page 12 of 12 Minutes of the Regular Session — November 14, 2002 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 carved. There being no further business, the meeting adjourned at 7:08 p.m. I IC G W. mi City Clerk MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 14, 2002 The City Council of the City of Baytown, Texas, met in work session on November 14, 2002, at 5:55 p.m. in the Hullum Conference Room of Baytown City Hall, 2401 Market Street, Baytown, Texas, 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 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 after which the following business was conducted: Discuss proposed amendments to the carnival ordinance. Gary Jackson, Interim City Manager, reminded City Council that the current ordinance makes it an offense for a person to intentionally or knowingly charge admission to a regulated event without having secured a permit from the City. The changes proposed are the result of study of other ordinances. The proposed version is more stringent than the ordinances reviewed. The permit fee is raised to $100 per day of the event. The cash bond is increased from $2,500 to $5,000. Trailers and recreational vehicles used as living quarters are required to have waste disposal systems. Two portable toilets are required per 100 persons expected to attend the event. Local organizations that will hold a short-term event on their own property are exempt from the fee requirements. Council's discussion reflected concern over unintended impact on local non - profit organizations. The item will be reviewed by the City Attorney to determine changes that will have less of an impact on the local organizations. Discuss proposed delinquent bidder requirements. Mr. Jackson informed City Council that Dallas and Houston have developed procedures that review whether a vendor or a contractor owes the City money. A similar procedure could be developed for Baytown either by adoption of an ordinance or by amending the purchasing rules and policies. Page 2 of 3 Minutes of the Work Session — November 14, 2002 Council's discussion indicated that the concept was worth exploring. Council Member Murray opined that if a principal owes money, then the entity should be precluded from being awarded the bid/contract. Council Member Sheley arrived at 6:15 p.m. Discuss Waterfront monumentation. Mayor Alfaro introduced the subject and stated that the proposed signage is not required in the contract with either tenant at the Waterfront, but it could boost publicity and attention to the area by installing lettering on the oil derrick. Mr. Jackson explained that the V -sign at the entrance to the Waterfront has been installed. The question before Council concerns installation of lettering on the oil derrick. Mayor Alfaro stated that the lettering would be paid from Hotel Occupancy Tax funds. These funds are restricted in use, but are available for tourism promotion. There will not be an impact on the general fund budget. Assistant City Manager, Bob Leiper, explained that the proposed lettering would be four feet in height and would be neon lettering. Council Member Godwin expressed his opposition to the proposed lettering as unnecessary. Mayor Alfaro further explained that an amendment to the sign ordinance might be required for the sign. Mr. Leiper responded to a question and explained that the lettering would be readable from the foot of the Hartman Bridge and the lighting would be visible from the top of the bridge. Council Member Murray stated his opposition to the lettering because the Waterfront is a destination and the sign would not impact business. He expressed dissatisfaction with the design. Council Member Anderson reminded Council of the City's interest in the property and of the previous complaints of lack of signage and the lack of knowledge of the existence of the restaurant at the Waterfront. Council Member Renteria supported the placement of the lettering to increase the advertising of the area. Council Member Mundinger supported the concept but requested more attractive lettering. Council Member Sheley asked Council to consider the long - range plan for the Waterfront and suggested that the businesses at the Waterfront should participate in the cost of any increased signage. Discuss appointment. Reinvestment Zone Number One, City of Baytown. This appointment was delayed until the next meeting. Page 3 of 3 Minutes of the Work Session — November 14, 2002 Adjourn. Theme being no further business, Conned Member Mundinger moved adjournment. Conned Member Anderson seconded the motion. The vote follows: Aye: Council Members Anderson, Godwin„ Mundinger, Murray, Renteria and Shelly Mayor Alfaro. Nay": ,None. The motion carried and the meeting adjourned at 6:29 p.m. P' a............_ Gar} W Smith. " 'City Clerk