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2003 02 13 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 13, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on February 13, 2003, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Ronnie Anderson Gary M. Jackson Ignacio Ramirez, Sr. Gary W. Smith Absent: Pete C. A] faro Council Member Council Member Council Member Council Member Council Member Mayor Pro Tempore City Manager City Attorney City Clerk Mayor The meeting was opened with a quorum present. Mayor Pro Tempore Anderson recognized the students present from Sterling High School. In addition, he acknowledged the presence of his father, Jim Anderson and his wife, Barbara Anderson. Council Member Murray 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 January 23, 2003. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on January 23, 2003. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Sheley. Mayor Pro Tempore Anderson. Nays: None. The motion carried. Consider approval of minutes for the work session held on January 30, 2003. Council Member Godwin moved approval of the minutes of the work session held on January 30, 2003. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Sheley. Mayor Pro Tempore Anderson. Nays: None. The motion carried. Page 2of18 Minutes of the Regular Session — February 13, 2003 Receive and discuss the Court/Jail management audit report from Coats, Rose, Yale, Ryman & Lee, P.C. Val Perkins and Tom Barber of Coats, Rose, Yale, Ryman & Lee, P.C., presented the management audit report concerning the construction of the Municipal Court and Jail Facility. Both the Municipal Court and the jail facilities are operational and in use, although problems continue to plague them, including: • Lack of proper drainage has resulted in "ponding" in various areas of the facilities, including sidewalks and the parking area; • Air conditioning and heating problems resulting from improper installation and a faulty compressor remain evident; • Numerous discrepancies between electrical requirements and the actual placement of electrical lines, breakers, and wiring; • Doors and locks manifest regular malfunctions, a particular concern in the jail; • Laminate in various locations of the Municipal Court Building exhibits cracking and peeling; • The "window wall" in the Municipal Court Building endures major leaks; and, • There are major roof leaks, both from the roof of the jail and more significantly, the roof of the Municipal Court. Council Member Renteria joined the meeting at 6:45 p.m. While the firm does not advise legal action at this time, it does recommend the following: • After notice to the Project contractor, the services of third -party contractors be engaged to correct the deficiencies, the costs of which be charged against the $221,663.21 in retainage held by the City; • Make a claim on the Berridge Manufacturing Company five -year water tightness limited warranty and demand the replacement of the curved roof over the Municipal Court; • Reserve all rights to make claims against the project contractor and/or its surety for work associated with the project deficiencies and/or the curved roof. • Reserve all rights to make claims against the project architect for possible faulty design, particularly as related to the curved roof, the lack of project compliance with the Americans with Disabilities Act, and other design and project management issues; • Use alternative delivery methods for future construction projects as permitted by the provisions of Chapter 271 of the Texas Local Government Code (the project could have been a candidate for a "competitive bid (design/bid/build)," a "construction manager at risk," or a "design/build" alternative construction delivery method.) Do not use an out- of- Baytown/Houston area architect as a project Manager on future projects. It is incumbent that the City be served by competent project management on all future public works projects. The City may wish to investigate the possibility of contracting not only with a project architect on future jobs, but also with an independent contract manager to oversee all phases of future construction management. Page 3 of 18 Minutes of the Regular Session — February 13, 2003 Consider Proposed Ordinance No. 030213 -1, continuing the engagement of Coats, Rose, Yale, Ryman & Lee, P.C., for legal services in connection with the post -audit report activities concerning the Municipal Court and Jail Project. These activities will include: • give notice to contractor of the City's intention to retain the services of third -party contractors to correct the project deficiencies; • coordinate with the City to retain the contractors and to monitor payments made; • coordinate with the City regarding the roof warranty claim and advise the City as to further legal actions to be taken; • monitor claims of subcontractors on the Project and litigation which may result therefrom; • continue negotiations with the architect regarding the design and management issues identified and advise the City on further legal actions to be taken; and • provide legal assistance to the City in the event of a claim by the contractor, architect, subcontractor, or manufacturer /supplier on the project. The Firm will attempt to resolve all outstanding issues without litigation and shall report the status of its efforts to the City Council in approximately 60 days. Payment for these services will be on an hourly basis and will not exceed $30,000. Randall B. Strong will continue to provide local counsel to the City under this arrangement. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINUING THE ENGAGEMENT OF COATS, ROSE, YALE, RYMAN & LEE, P.C., FOR LEGAL SERVICES IN CONNECTION WITH THE POST -AUDIT REPORT ACTIVITIES CONCERNING THE MUNICIPAL COURT AND JAIL PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030213 -2, authorizing the issuance of $7,355,000 City of Baytown, Texas, General Obligation Bonds, Series 2003. The proceeds of the sale of the General Obligation Bonds will be used for the acquisition and construction of street improvements, drainage improvements, fire fighting facilities and equipment, communications equipment, park improvements, and to pay for the costs associated with the issuance of the Series 2003 Bonds. Page 4of18 Minutes of the Regular Session — February 13, 2003 Drew Masterson of First Southwest informed Council that the low bid for the bonds had been submitted by Morgan Stanley at an interest rate of 4.35 %. Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9505 AN ORDINANCE OF THE CITY COUNCIL OF THE AUTHORIZING THE ISSUANCE OF $7,355,000 CITY OF OBLIGATION BONDS, SERIES 2003; AND PROVIDING THEREOF. Council Member Renteria left the meeting at 7:10 p.m. CITY OF BAYTOWN, TEXAS, BAYTOWN TEXAS, GENERAL FOR THE EFFECTIVE DATE Consider Proposed Ordinance No. 030213 -3, authorizing the issuance of $4,630,000 City of Baytown, Texas, Certificates of Obligation, Series 2003. The proceeds of the sale of the Certificates of Obligation will be used for construction of improvements to the City's water and sanitary sewer system, and to pay for the costs associated with the issuance of the Series 2003 Certificates. Drew Masterson of First Southwest informed Council that the low bid for the certificates of obligation had been submitted by Morgan Stanley at an interest rate of 4.36 %. He informed Council that the City's bond ratings by Moody's is Aa3 and by Standard & Poor's is `AA -', due to positive economic growth, large tax base, and expansion in major industry and commercial areas. Council Member Godwin moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Sheley. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9506 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF $4,630,000 CITY OF BAYTOWN, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 2003; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5of18 Minutes of the Regular Session — February 13, 2003 Conduct a public hearing to consider the request of Steve Schieni to amend the Official Zoning map of the City of Baytown to rezone property described as Block 3, Lots 4, 4A, 4B, 5 and Tract 14 of the Leger Subdivision and Lots 57, 58, 59, 60, 61 and 62 out of the Britton Cravens Subdivision, Harris County, Texas from Neighborhood Conservation (NC) to Urban Neighborhood (UN). The public hearing was called to order at 7:24 p.m. Notice of the public hearing was published in the Baytown Sun on Friday, January 24, 2003, more than 15 days before the public hearing. Notice was mailed to all property owners within 300 feet of this location on or before January 13, 2003, more than 15 days before the public hearing. The Baytown Zoning Commission met on December 18, 2002, and voted unanimously to recommend that City Council approve the request to change the zoning district classification of the property located adjacent to 2315 West Main Street from Neighborhood Conservation (NC) to Urban Neighborhood (UN). The applicant is proposing to erect an office building, which is not a permitted use in the NC district. Based on the staff analysis, the request meets the six amendment criteria established in the Zoning Ordinance. Kim Easterling appeared on behalf of her grandmother, Selma Osborne, 1605 Utah. She inquired regarding the impact on the surrounding area, i.e., hours of operation, noise, and parking. Further, she requested that the fence on the property which had been relocated, be repaired and the area around it maintained, and the trailer be located on the far side of the lot. Frank Sloan appeared on behalf of Steve Schieni. He discussed the proposed use for the property to be rezoned and informed Council that a single -story trailer will be located on the center line of Lots 61 and 62 and will be used during normal business hours with little or no noise. Francisco Martinez and Antonio Martinez signed up to speak on this issue, but declined to speak when their names were called. The public hearing was closed at 7:30 p.m. Consider Proposed Ordinance No. 0302134, amending the Official Zoning map of the City of Baytown to rezone property described as Block 3, Lots 4, 4A, 4B, 5 and Tract 14 of the Leger Subdivision and Lots 57, 58, 59, 60, 61 and 62 out of the Britton Cravens Subdivision, Harris County, Texas from Neighborhood Conservation (NC) to Urban Neighborhood (UN). The Baytown Zoning Commission met on December 18, 2002, and voted unanimously to approve the request for zoning district reclassification of property located adjacent to 2315 West Main Street from Neighborhood Conservation (NC) to Urban Neighborhood (UN). The applicant is proposing to erect an office building, which is not a permitted use in the NC district. Based on the staff analysis, the request meets the six amendment criteria established in the Zoning Ordinance. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Sheley. Mayor Pro Tempore Anderson. Nays: None. The motion carried. Page 6 of 18 Minutes of the Regular Session — February 13, 2003 ORDINANCE NO. 9507 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 BLOCK 3, LOTS 4, 4A, 4B, 5 AND TRACT 14 OF THE LEGER SUBDIVISION AND LOTS 57, 58, 59, 60, 61 AND 62 OUT OF THE BRITTON CRAVENS SUBDIVISION, BAYTOWN, HARRIS COUNTY, TEXAS, TO RECLASSIFY SUCH PROPERTY FROM A NEIGHBORHOOD CONSERVATION ZONING DISTRICT TO URBAN NEIGHBORHOOD ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO 1100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030213 -5, the final reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being 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. The City of Baytown received a request to annex the 3.2429 -acre tract of land owned by Eugene Ybarra and proposed for the construction of a restaurant. Mr. Ybarra 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 December 12, 2002. The first reading of the ordinance was held on January 9, 2003. The final reading may not be held until 30 days after the publication of the first reading ordinance, which occurred on January 11, 2003. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Sheley. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9489 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 3.2429 ACRE TRACT 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, BAYTOWN, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Page 7 of 18 Minutes of the Regular Session — February 13, 2003 Consider Proposed Ordinance No. 030213 -6, placing the 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, 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. Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Sheley. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9508 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 3.2429 ACRE TRACT 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, BAYTOWN, 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. 030213 -7, the final reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 28.535 -acre tract of land located west of the intersection of Barkuloo Road and north of Briarcreek subdivision, being out of the J. W. Singleton Survey, A -709 in Harris County, Texas. The City of Baytown received a request to annex the 28.535 -acre tract of land owned by Richard Thomson and along the route of the proposed extension of Baker Road. Dr. Thomson 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 December 12, 2002. The first reading of the ordinance was held on January 9, 2003. The final reading may not be held until 30 days after the publication of the first reading ordinance, which occurred on January 11, 2003. Council Member Sheley moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Sheley. Mayor Pro Tempore Anderson. Nays: None. The motion carried. Page 8of18 Minutes of the Regular Session — February 13, 2003 ORDINANCE NO. 9490 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 28.535 ACRE TRACT LOCATED WEST OF BARKALOO ROAD AND NORTH OF BRIARCREEK SUBDIVISION AND BEING OUT OF THE J.W. SINGLETON SURVEY, A -709, BAYTOWN, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 030213 -8 placing the 28.535 -acre tract located west of Barkuloo Road and north of Briarcreek subdivision, out of the J. W. Singleton Survey, A -709, in Harris County, Texas, 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. Council Member Sheley moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Sheley. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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, BAYTOWN, 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. Council Member Sheley left the meeting at 7:39 p.m. Consider Proposed Ordinance No. 030213 -9, authorizing a professional services contract for the development of the Phase II Storm Water Management Program and permitting assistance. Proposed Ordinance No. 030213 -9 authorizes a professional services contract in a lump sum amount of $25,000 with PBS&J for the development of the Phase H Storm Water Management Program and Permitting Assistance. The EPA and the Texas Commission on Environmental Quality (TCEQ) has mandated that the City obtain a permit to control illicit discharges from stonn water throughout the r City limits and the ETJ. Consequently, staff has consulted with PBS&J to prepare the permit application and the necessary information for implementation of the program. Federal and State law dictate that the City obtain permit coverage either by March 10, 2003 or within 90 days from the date the general permit is issued, whichever is later. PBS&J has signed a short form contract with the City to perfonn the work for the lump sum of $25,000. Page 9 of 18 Minutes of the Regular Session — February 13, 2003 Council Member Mundinger moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9510 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PBS &J FOR CONSULTING ENGINEERING SERVICES FOR THE DEVELOPMENT OF THE PHASE 11 STORM WATER MANAGEMENT PROGRAM AND PERMITTING ASSISTANCE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030213 -10, authorizing final payment to D & W Contractors, Inc. for the renovation of Duke Hill Park. Proposed Ordinance No. 030213 -10 authorizes final payment in the amount of $16,980.53 to D & W Contractors, Inc. for the renovation of Duke Hill Park. On August 8, 2002, Council authorized a construction contract in the amount $172,237. Change Order No. 1, in the amount of $2,244.90, added trail around the playground area. Change Order No. 2 deducted $4,676.57 because the actual length of trail was less than estimated. This reduced the contract to $169,805.33, a cost reduction of 1.5 %. Parks and Recreation Department employees have installed the playground equipment and constructed two shelters. David Black of Busch, Hutchison, and Associates has reviewed the project and recommends final payment to D & W Contractors, Inc. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9511 t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE RENOVATION OF DUKE HILL PARK AND IMPROVEMENTS; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTEEN THOUSAND NINE HUNDRED EIGHTY AND 53/100 DOLLARS ($16,980.53) TO D & W CONTRACTORS, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 18 Minutes of the Regular Session — February 13, 2003 Consider Proposed Ordinance No.030213 -11, authorizing Change Order No. 4, approving final payment to PM Construction for Work Order No. 8, and accepting the 2001 Annual Sanitary Sewer Rehabilitation Project. Proposed Ordinance No.030213 -11 approves Change Order No. 4 in the amount of $1,562.50, approves final payment of $44,087.50 for Work Order No 8 to PM Construction, and accepts the 2001 Annual Sanitary Sewer Rehabilitation Project. This acceptance also serves as the start date for the one -year warranty period. The original contract was awarded to PM Construction in the amount of $887,875. There were four change orders that adjusted the final contract amount to $1,093,459.50, or an increase of 23 %. Change Order No. 1 was for the addition of a line item to the contract and did not involve a change in the contract amount. Change Order No. 2, in the amount of $15,857, was for an emergency manhole replacement on East Baker Road. Both change orders were approved by the City Manager. Change Order No. 3 was for $188,165 and was authorized by City Council on September 26, 2002 in order to capitalize on competitive pricing in the contract. Change Order No. 4 was for an emergency drop manhole construction at 5114 Goose Creek Drive that occurred after the final work order in the contract had been completed. The contractor's workmanship was satisfactory and each work order was completed within the assigned time limits. This project was funded by 2000 Certificates of Obligation. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9512 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 4 AND FINAL PAYMENT ON WORK ORDER NO. 8 WITH P.M. CONSTRUCTION AND REHABILITATION, L.P., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE ANNUAL SANITARY SEWER REHABILITATION CONTRACT - YEAR 2001; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY -FOUR THOUSAND EIGHTY -SEVEN AND 501100 DOLLARS ($44,087.50) TO P.M. CONSTRUCTION AND REHABILITATION, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance 030213 -12, ordering the Municipal Election to be held on the 3rd day of May 2003, for the purpose of electing three Council Members from District Numbers One, Two, and Three. According to state statute, the regular election must be held on Saturday, May 3, 2003. It will be necessary to elect three Council Members from District Numbers One (1), Two (2), and Three (3) for two -year terms. The proposed ordinance establishes procedures for holding the election; locations for polling places; orders all necessary notices and actions; establishes the location for central counting, and provides for early voting hours and early voting ballot board. The election officers will be appointed by separate resolution. Early voting will take place from April 16 through 29. Candidate filing may occur between February 17 and March 19. Page 11 of 18 Minutes of the Regular Session — February 13, 2003 Council Member Godwin moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9513 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF MAY, 2003, FOR THE PURPOSES OF ELECTING THREE COUNCILMEMBERS FROM DISTRICT NOS. ONE, TWO AND THREE; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY BALLOT BOARD FOR EARLY BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Consider Proposed Ordinance 030213 -13, authorizing a joint election agreement with Goose Creek Consolidated Independent School District for the general election to be held on the 3'd day of May 2003. The use of the new voting equipment from Harris County will allow a fully joint election, so that city and school races, as appropriate, will be reflected on the same ballot. Early voting will take place at one location. Tabulation of ballots will occur at the same location, the School District's new facility. The City and the School District will share the cost of equipment, supplies, and personnel for common polling places. In the common polling places, the voter will only make one stop and vote only one ballot. This will reduce the cost of the election for each entity. The School District will consider approval of the agreement at a special meeting scheduled for Monday, February 17, 2003. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9514 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A JOINT ELECTION AGREEMENT WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE GENERAL ELECTION TO BE HELD ON THE 3RD DAY OF MAY 2003; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 18 Minutes of the Regular Session — February 13, 2003 Consider Proposed Ordinance 030213 -14a, awarding the bid for the annual mowing, edging, and trimming contract. Consider Proposed Ordinance 030213 -14b, awarding the bid for the annual mowing, edging, and trimming contract. The mowing contract was presented in alternate forms. The first option retains eight mowing cycles in Section III. The second option reduces mowing costs in Section III by eliminating three mowing cycles. The difference is $23,355 resulting from the elimination of the three mowing cycles during the late autumn and winter months. Proposed Ordinance 030213 -14a awards the bid for the annual mowing, edging, and trimming contract in the amount of $158,825, as follows: Section I Parks Contract Mowing Sites $36,375 Section III Community Beautification Sites $62,280 Grant Smith Mowing Grant Smith Mowing Grant Smith Mowing Grant Smith Mowing Niederhofer Niederhofer Enterprises, Enterprises, Proposed Ordinance 030213 -14b awards the bid for the annual mowing, edging, and trimming contract in the amount of $135,470, as follows: Section I Parks Contract Mowing Sites Section III Community Beautification Sites (5 cycles @ $7,785.00 ea) Section V Miscellaneous City Facilities Section VI On -Call Only Sites Section II Bayland Park & Marina Inc. Section IV Lift Stations & Well Sites Inc. $36,375 $38,925 $23,990 2,660 $101,950 Grant Smith Mowing Grant Smith Mowing Grant Smith Mowing Grant Smith Mowing $11,220 Niederhofer $22,300 $33,520 Niederhofer Enterprises, Enterprises, Council Member Mundinger moved adoption of proposed Ordinance No 030213 -14b. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Pro Tempore Anderson. Nays: None. The motion carried. (8 cycles @ $7,785 each) Section V Miscellaneous City Facilities $23,990 Section VI On -Call Only Sites 2,660 $125,305 Section II Bayland Park & Marina $11,220 Inc. Section IV Lift Stations & Well Sites $22,300 Inc. $33,520 Grant Smith Mowing Grant Smith Mowing Grant Smith Mowing Grant Smith Mowing Niederhofer Niederhofer Enterprises, Enterprises, Proposed Ordinance 030213 -14b awards the bid for the annual mowing, edging, and trimming contract in the amount of $135,470, as follows: Section I Parks Contract Mowing Sites Section III Community Beautification Sites (5 cycles @ $7,785.00 ea) Section V Miscellaneous City Facilities Section VI On -Call Only Sites Section II Bayland Park & Marina Inc. Section IV Lift Stations & Well Sites Inc. $36,375 $38,925 $23,990 2,660 $101,950 Grant Smith Mowing Grant Smith Mowing Grant Smith Mowing Grant Smith Mowing $11,220 Niederhofer $22,300 $33,520 Niederhofer Enterprises, Enterprises, Council Member Mundinger moved adoption of proposed Ordinance No 030213 -14b. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Pro Tempore Anderson. Nays: None. The motion carried. Page 13 of 18 Minutes of the Regular Session — February 13, 2003 ORDINANCE NO. 9515 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACTS OF GRANT SMITH MOWING AND NIEDERHOFER ENTERPRISES, INC., FOR THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED THIRTY -FIVE THOUSAND FOUR HUNDRED SEVENTY AND N01100 DOLLARS ($135,470.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030213 -15, granting a conditional, limited variance to Section 6 -2, "Sales near schools, churches, hospitals or day care facilities" for the sale of beer and wine in a grocery store in the Bay Plaza Shopping Center. Proposed Ordinance No. 030213 -15 grants a variance to INH Realty Corporation, the owner of Bay Plaza Shopping Center, for the approval of the issuance of a permit for the sale of beer and wine for off - premise consumption through a grocery store to be located at the shopping center. The variance will allow the issuance of the permit. The shopping center is on 13.9 acres. A day -care center is located toward the south end of the center. A grocery store is proposed for the northern end of the center. Our ordinance prohibits the sale of alcoholic beverages within 300 feet of the property line of a day -care center. As an additional obstacle, the shopping center shares a common property line with James Bowie Elementary School. The distances are measured from lot line to lot line. Therefore the store is too close to the day care and the school to allow a license to be issued for the grocery store. The statute allows the City to grant variances to its ordinance. A variance appears appropriate in this situation. Hathaways Grocery was formerly located at the shopping center for a number of years. The Zone, which is licensed for on- premise consumption of alcoholic beverages, is located in the shopping center. There is no direct public access between the school and the proposed grocery store site. The day -care is a significant distance from the proposed grocery store site and is generally served by a separate parking lot. The distance requirements for day -care centers and the method of measuring were enacted in 1997, long after the development of the center. In order to allow the property owner to finalize lease negotiations, we recommend that a variance be granted for a one -year period to allow the permitting of the sale of beer and wine only at a grocery store located in rental units 10, 11, and 12 of the Bay Plaza Shopping Center. Should a permit for such sales not be issued within one year of the date of approval of this resolution, the variance will expire. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mundinger and Murray. Mayor Pro Tempore Anderson. Nays: Council Member Godwin. The motion carried. im Page 14 of 18 Minutes of the Regular Session — February 13, 2003 ORDINANCE NO. 9516 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A LIMITED VARIANCE TO SECTION 6 -2 OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO INH REALTY CORPORATION TO ALLOW THE ISSUANCE OF A WINE AND BEER RETAILER'S OFF - PREMISES PERMIT AT A GROCERY STORE TO BE LOCATED IN RENTAL UNITS 10, 11 AND 12 OF THE BAY PLAZA SHOPPING CENTER IN THE 2300 BLOCK OF NORTH ALEXANDER DRIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030213 -16, awarding the Annual Sanitary Sewer Rehabilitation Contract — Year 2003. Proposed Ordinance No. 030213 -16 awards the Annual Sanitary Sewer Rehabilitation Contract — Year 2003 to PM Construction in the amount of $999,608.15. Six potential bidders attended the mandatory prebid meeting and we received five bids. PM Construction was the apparent lowest responsible bidder. The scope of work includes sanitary sewer rehabilitation work primarily using the pipe bursting method, but will also include some removal and replacement by open trench method, as needed. PM Construction recently completed the 2001 Annual Sanitary Sewer Rehabilitation project and exceeded performance expectations. Construction duration is one calendar year and will be funded by 2002 Certificates of Obligation. This contract is for an initial term of one year, with the option of an extension for an additional one -year period under the same terms, conditions, and unit prices as expressed in the contract. Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9517 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 P.M. CONSTRUCTION AND REHABILITATION, L.P., FOR THE ANNUAL SANITARY SEWER REHABILITATION CONTRACT - YEAR 2003; AUTHORIZING PAYMENT OF THE SUM OF NINE HUNDRED NINETY -NINE THOUSAND SIX HUNDRED EIGHT AND 151100 DOLLARS ($999,608.15); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 15 of 18 Minutes of the Regular Session — February 13, 2003 Consent Agenda a. Proposed Ordinance No. 030213 -17 approves final payment to Florida Traffic Control Devices Inc. in the amount of $9,121.67 and accepts the State Highway 146 at El Chaco Signalization project. The contract with Florida Traffic Control Devices Inc. was for $91,216.69 and the project was completed for this amount. The contractor was given 60 calendar days to complete the project. The project was substantially complete and the traffic signals were in service in 57 calendar days. The contractor's work was satisfactory. b. Proposed Ordinance No. 030213 -18 authorizes the City Manager to enter into a Solid Waste Implementation Program Contract with Houston - Galveston Area Council (HGAC) for reimbursement by HGAC for illegal dumpsite surveillance equipment as approved in the Fiscal Year 2002 -2003 HGAC Solid Waste Management Grant. The Grant/Contract, in the amount of $23,856, is for the purchase and use of surveillance and communication equipment that will help curtail the acts of illegal dumping and the number of illegal dumpsites. No matching funds are requested from the City, other than Health Department personnel locating and operating the equipment. C. Proposed Ordinance No. 030213 -19 approves interlocal agreements with the Cities of La Porte, Seabrook, Katy, Bellaire, Humble, and Webster and the Counties of Harris and Fort Bend to allow their participation in the Harris County Organized Crime & Narcotics Task Force. Approval of these agreements will allow the other entities to approve one standard from of agreement. Each entity will provide personnel services to the Task Force and will be reimbursed through grant funding. No local funding is involved. d. Proposed Ordinance No. 030213 -20 awards the second renewal of the annual gasoline and diesel fuel contract to King Fuels, Inc., in the amount of $980,304.70. King Fuels, Inc., submitted a written request to renew the current contract for the same discount, terms, and conditions. Total award amount includes all taxes and environmental fees for all entities (City of Baytown, Goose Creek ISD, Barbers Hill ISD, Lee College, and City of Seabrook) included in the Interlocal Contract for fuel. The City's portion of this contract is $531,041.58. Price per gallon of fuel is based on the daily Oil Publication Information Sheet (OPIS) price per gallon less quoted discount. e. Proposed Ordinance No. 030213 -21 awards the second renewal of the annual janitorial and cleaning services contract to Pedus Service in the amount of $65,347.45. Pedus Service submitted a written request to renew the current contract with a 2.4% CP1U increase. Services have been adjusted by the relocation of the Transportation Department to 307 South Main from Lee Drive, and the reduction of service at the Baytown Police Substation, DOT and Domestic Violence. Services to all other locations remain the same. The net change is $267.12 or .0041 %. This contract provides cleaning services for 14 locations throughout the City. 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. f. Proposed Ordinance No. 020213 -22 awards the last renewal of the annual police and animal control uniform contract to Direct Action Uniforms for $31,238.97. Direct Action submitted a written request to renew the current contract for the same pricing, terms, and conditions. Quantities have been adjusted to reflect the proposed budget. This contract includes uniforms for the Animal Control and Police Department. Page 16 of 18 Minutes of the Regular Session — February 13, 2003 g. Proposed Resolution 030213 -1 authorizes participation in an Inter urisdictional Comprehensive All Hazard Mitigation Plan. A memorandum is included in the packet. h. Receive the City of Baytown investment report for the quarter ending December 31, 2002. Council Member Mundinger moved adoption of the consent agenda, items a through h. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Pro Tempore Anderson. Nays: None. The motion carried. ORDINANCE NO. 9518 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE FULL SIGNALIZATION OF THE INTERSECTION OF STATE HIGHWAY 146 AT EL CHACO DRIVE AND IMPROVEMENTS; AUTHORIZING FINAL PAYMENT OF THE SUM OF NINE THOUSAND ONE HUNDRED TWENTY -ONE AND 67/100 DOLLARS ($9,121.67) TO FLORIDA TRAFFIC CONTROL DEVICES, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A SOLID WASTE IMPLEMENTATION PROGRAM CONTRACT WITH HOUSTON - GALVESTON AREA COUNCIL (HGAC) REGARDING REIMBURSEMENT BY HGAC FOR ILLEGAL DUMPSITE SURVEILLANCE EQUIPMENT AS APPROVED IN THE FISCAL YEAR 2002 -2003 HGAC SOLID WASTE MANAGEMENT GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9520 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITIES OF LA PORTE, SEABROOK, KATY, BELLAIRE, HUMBLE AND WEBSTER AND THE COUNTIES OF HARRIS AND FORT BEND FOR PARTICIPATION IN THE HARRIS COUNTY ORGANIZED CRIME TASK FORCE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9521 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF KING FUELS, INC., FOR THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINE HUNDRED EIGHTY THOUSAND THREE HUNDRED FOUR AND 70/100 DOLLARS ($980,304.70); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 17 of 18 Minutes of the Regular Session — February 13, 2003 ORDINANCE NO. 9522 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF PEDUS SERVICE FOR THE ANNUAL JANITORIAL & CLEANING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -FIVE THOUSAND THREE HUNDRED FORTY -SEVEN AND 45/100 DOLLARS ($65,347.45); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9523 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF DIRECT ACTION UNIFORMS FOR THE ANNUAL POLICE AND ANIMAL CONTROL UNIFORM CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -ONE THOUSAND TWO HUNDRED THIRTY -EIGHT AND 97/100 DOLLARS ($31,238.97); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1569 A JOINT RESOLUTION OF THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS, AND THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE ADOPTION OF AN INTERJURISDICTIONAL COMPREHENSIVE ALL HAZARD MITIGATION PLAN. Consider appointment to the Baytown West Chambers County Economic Development Foundation. One member of City Council is appointed to the Economic Development Foundation Board. Ronnie Anderson was appointed to the to the Foundation in February 2002. The term expired at the end of 2002. Council Member Mundinger moved appointment of Coleman Godwin to the Baytown West Chambers County Economic Development Foundation. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Pro Tempore Anderson. Nays: None. Consider appointment to the Emergency Medical Service Advisory Committee. This appointment will be the seventh member of the committee as established by Section 30 -121 of the Code of Ordinances. The purpose of the committee is to provide recommendations to council for construction, equipment, and numbers of emergency medical service vehicles necessary to provide service by the City. Mr. Randall Strong has agreed to serve on the Committee and will serve an initial two -year term, to expire on December 11, 2004. Page 18 of 18 Minutes of the Regular Session — February 13, 2003 Council Member Godwin moved appointment of Randall Strong to the Emergency Medical Service Advisory Committee. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Pro Tempore Anderson. Nays: None. City Manager's Report. City Manager Jackson reported to Council that, due to the placement of highway beams for the Spur 330 Project, Baker Road at Decker Drive will be closed from 10:00 a.m. to 3:00 p.m. on Tuesday and Wednesday, February 18 and 19, 2003. Mr. Jackson informed Council that the Warrant Amnesty Round -up Program for outstanding Municipal Court warrants will begin on March 17, 2003. Letters will be mailed on March 1 and amnesty will be granted beginning on March 17 through March 31. During this period, the warrant fee will be waived. He said hours will be extended during the week and on Saturdays during the program. Beginning April 1 through April 15, the warrant roundup begins. All those arrested during the roundup will have to pay the $50 warrant fees. All defendants will be taken to jail to be booked or to pay in full. Adjourn. Council Member Godwin moved that the meeting adjourn. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Pro Tempore Anderson Nays: None. The motion carried. There being no further business, the meeting adjourned at 8:02 p.m. Ga#j W. mith City Clerk