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2003 06 12 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 12, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on June 12, 2003, at 6:30 p.m. in the Council Chamber of 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 City Manager Gary W. Smith City Clerk The meeting was opened with a quorum present. Mayor Alfaro welcomed Mr. Randall, a guest in the audience. Council Member Godwin 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 May 22, 2003. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on May 22, 2003 as amended, to insert "million" after $6.5 in the sentence on page nine of the regular meeting minutes. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. Council Members Murray and Sheley abstained. The motion carried. Consider approval of minutes of the special meeting held on June 9, 2003. Council Member Godwin moved approval of the minutes of the minutes for the special meeting held on June 9, 2003. Council Member Mundinger seconded the motion. The vote follows: Page 2 of 10 Minutes of the Regular Session — June 12, 2003 Ayes: Council Members Anderson, Godwin, and Mundinger. Mayor Alfaro. Nays: None. Council Members Murray, Sheley, and Renteria abstained. The motion carried. Receive and discuss the Court/Jail status report from Coats, Rose, Yale, Ryman & Lee, P.C. Tom Barber of Coats, Rose, Yale, Ryman & Lee, P.C., presented the Court/Jail status update report. He said that a Construction Inspection and Review Specialist had been retained and had discovered that warranties and closeout documents necessary for day -to -day operation and repair of the facility had not been provided by the contractor. He said there is an extensive list of deficiencies, and while most of them are minor, there are some large items, such as the roof, the electrical system, and the mechanical system that still do not meet specifications. The recommendation to Council is to work with the architectural firm and the contractor to the extent possible, but if an impasse is reached, to bid out the work. Mr. Barber said that he believes that there is enough left in retainage to cover the cost of repairs. Consider Proposed Ordinance No. 030612 -1, the second reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 13.15 -acre tract of land located west of and adjacent to North Main Street and north of Republic of Texas Plaza in the H. F. Gillette Survey in Harris County, Texas. The City of Baytown received a request to annex the 13.15 -acre tract of land owned by Baytown Christian Academy. The property is proposed for development of the new campus for the Academy. The Academy filed and the City Council approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on March 27, 2003. The ordinance was approved on its first reading on April 24, 2003. Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 3 of 10 Minutes of the Regular Session — June 12, 2003 ORDINANCE NO. 9554 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 13.15 ACRE TRACT OF LAND LOCATED WEST OF AND ADJACENT TO NORTH MAIN STREET AND NORTH OF THE REPUBLIC OF TEXAS PLAZA, IN THE H.F. GILLETTE SURVEY, BAYTOWN, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 030612 -2, placing the 13.15 -acre tract of land located west of and adjacent to North Main Street and north of Republic of Texas Plaza in the H. F. Gillette Survey 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 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. 9570 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 13.15 ACRE TRACT OF LAND LOCATED WEST OF AND ADJACENT TO NORTH MAIN STREET AND NORTH OF THE REPUBLIC OF TEXAS PLAZA, IN THE H.F. GILLETTE SURVEY, 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. The City Clerk announced that Council Members Anderson, Mundinger, Murray, and Mayor Alfaro had filed affidavits of conflict of interest with his office on the following item prior to the meeting. He reiterated an earlier opinion by the City Attorney that since a majority of City Council was conflicted regarding this issue, under State law, all could participate in the discussion and vote. Page 4 of 10 Minutes of the Regular Session — June 12, 2003 Consider Proposed Ordinance No. 030612 -3, authorizing an Industrial District Agreement with ExxonMobil Corporation. Proposed Ordinance No. 030612 -3 authorizes an Industrial District Agreement with ExxonMobil Corporation for a seven -year period. The first payment pursuant to this agreement was for the tax year 2002. Pursuant to the agreement, ExxonMobil will pay the City $693,059.02, which is the difference between what is owed according to the terms and conditions of the agreement and what it actually paid in 2002. The agreement is in conformity with the policies adopted by the City Council for companies, which had an industrial district agreement in effect on July 26, 2002, in the City's industrial districts. Council Member Mundinger moved adoption of the proposed ordinance, subject to approval by staff of the metes and bounds contained in Exhibit "A." 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. 9571 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH EXXON MOBIL CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Receive report on appraisal and acquisition of the East Little League property on Ward Road and consider action related thereto. A copy of the appraisal of the property on Ward Road for the East Little League is included in the packet. On March 13, 2003, City Council directed staff to obtain an appraisal of the property and to take the necessary steps to acquire the property, subject to the new appraisal. The appraisal of the property has been received and reflects a market value of $140,000. Council Member Anderson moved that staff submit an earnest money contract to the Scanlan Foundation in the amount of the appraised value ($140,000). Council Member Mundinger seconded the motion. Council Member Sheley moved to amend the motion to make the submission of the earnest money contract contingent upon approval of the long -term maintenance agreement. Council Member Mundinger seconded the amended motion. The vote on the amended motion follows: Page 5 of 10 Minutes of the Regular Session — June 12, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The amendment carried. The vote on the original motion, as amended, follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider Proposed Ordinance No. 0306124, • amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules Enumerated," Schedule IX "Signalized Intersections" of the Code of Ordinances to authorize removal of traffic control signals at the intersection of William at its intersection with Pruett; • amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules Enumerated," Schedule VIII "Stop and Yield" of the Code of Ordinances to designate William, at its intersection with Pruett, as a stop intersection; • amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules Enumerated," Schedule VIII "Stop and Yield" of the Code of Ordinances to authorize removal of stop signs on South Main at its intersection with Gulf Avenue; and • amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules Enumerated," Schedule I "One Way Streets" of the Code of Ordinances to establish Carnegie Street as a one -way street (northbound) between Gentry and Market Street. Proposed Ordinance No. 030612 -4 amends Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules Enumerated," Schedule IX "Signalized Intersections" and Schedule VIII "Stop and Yield" of the Code of Ordinances to authorize removal of traffic control signals at the intersection of William at its intersection with Pruett and to designate it as a stop intersection. Currently there are flashing signals at this intersection. Due to the age of the signal equipment, substantial improvements, at an estimated cost of 535,000, would be needed in order to resume its operation as a full traffic signal. A traffic study performed by C. J. Hensche and Associates indicates that traffic patterns have changed and the location no longer warrants signalization. C. J. Hensche and Associates recommends the removal of signals and the installation of stop signs on William. On May 21, 2003, the Growth Management and Development Advisory Commission reviewed the proposed change and unanimously recommended it to City Council. Page 6 of 10 Minutes of the Regular Session — June 12, 2003 The proposed ordinance also amends Schedule VIII "Stop and Yield" to authorize removal of stop signs on South Main Street at its intersection with Gulf Avenue. Currently the intersection is a four -way stop. A traffic study performed by C. J. Hensche and Associates indicates that the stop signs on South Main Street are no longer warranted according to the Texas Manual on Uniform Traffic Control Devices. C. J. Hensche and Associates recommends their removal. On March 19, 2003, the Growth Management and Development Advisory Commission reviewed the proposed change from a four -way to a two -way stop and unanimously recommended it to City Council. Finally, the proposed ordinance amends Schedule I "One Way Streets" to establish Carnegie Street as a one -way street (northbound) between Gentry and Market Street. A serious safety situation exists on Market Street caused by vehicles picking up and dropping off students. With the assistance of the Police Department, traffic will be routed down Stadium Drive to Gentry Street and two lanes of Carnegie Street will be used as a drop off/pickup area. Market Street would not be used for student drop off/pickup. The Police Department and GCCISD agree with this arrangement. They are willing to provide officers for a two -week educational period. On May 21, 2003, the Growth Management and Development Advisory Commission reviewed the proposed change and unanimously recommended it to City Council. A map of the proposed traffic route is in the packet. Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray seconded the motion. There was discussion regarding the removal of the traffic signal at the intersection of William at Pruett, relating the safety of the adjoining neighborhood and the possibility that removal of the signal might encourage drag racing on Pruett. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: Council Member Sheley. The motion carried. ORDINANCE NO. 9572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE I "DESIGNATION — ONE -WAY STREETS," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS," AND SCHEDULE IX "DESIGNATION — SIGNALIZED INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO (I) ESTABLISH CARNEGIE STREET AS A ONE -WAY STREET (NORTHBOUND) BETWEEN GENTRY STREET AND MARKET STREET, (11) REMOVE THE STOP SIGNS ON THE SOUTH AND NORTH SIDES OF SOUTH MAIN STREET AT ITS INTERSECTION WITH GULF AVENUE, (M) INSTALL STOP SIGNS ON THE EAST AND WEST SIDES OF WILLIAM STREET AT ITS INTERSECTION WITH PRUETT STREET, AND (IV) REMOVE THE TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF WILLIAM STREET AND PRUETT STREET; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 7of10 Minutes of the Regular Session — June 12, 2003 Consider rejecting all bids for the construction of the Garth Road Signalization and authorize readvertisment based on revised specifications. Bids for the construction of the project were opened on May 19, 2003. After bid opening, it was anticipated that the award would be to the low bidder. That bid, for the base project and Alternate 1, exceeded the amount required for the engineering services and the construction of the project by approximately $12,000. The engineer determined that the two apparent low bidders had submitted bids that did not meet the specifications of the invitation to bid. The remaining bidder's bid was significantly higher. Staff proposes that City Council reject all bids and rebid the project. The specifications will be revised to allow a broader range of acceptable software, as determined by Klotz & Assoc., our engineer. Council Member Mundinger moved to reject all bids for the construction of the Garth Road Signalization and authorize readvertisment based on revised specifications. 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. Consent Agenda a. This item was removed for separate consideration. b. Proposed Ordinance No. 030612 -6 approves an interlocal agreement with the City of Houston to allow participation in the Harris County Organized Crime & Narcotics Task Force. This contract will allow the utilization of equipment, facilities, and trained personnel on an "as- requested" basis. C. Proposed Ordinance No. 030612 -7 approves the purchase of playground equipment for the Wayne Gray Sports Complex through the Texas Local Government Purchasing Cooperative (Buy Board) from Total Recreation Products, Inc., representing Gametime Play Equipment, in the amount of $49,222.09. The Buy Board is a joint project of the Texas Association of School Boards, the Texas Municipal League, and the Texas Association of Counties. Purchasing through the Buy Board complies with statutory bidding requirements. The unit, when complete, will be featured in the fall issue of the Gametime Playground catalog. Because they are used for promotional purposes, Gametime sells and installs these catalog items at half -price. The new units will be installed around August 1, 2003. This project will be funded by 2002 General Obligation Bonds. This renovation is consistent with the number one goal of the Parks, Recreation, Open Space, and Greenways Masterplan that is "Renovation of Facilities and Infrastructure." Page 8of10 Minutes of the Regular Session — June 12, 2003 d. Proposed Ordinance No. 030612 -8 awards the first renewal of the annual liquid chlorine contract to DXI Industries, Inc., in the amount of $66,589. DXI submitted a written request to renew the current contract for the same pricing, terms, and conditions. Quantities remain the same. Price per ton is $391.70. This contract is used for chlorination in the Wastewater Treatment Plants. e. Proposed Ordinance No. No. 030612 -9 awards the annual electrical services contract to Instrumentation and Electrical Specialist, LLC., in the amount of $75,000. Invitations to bid were mailed to ten suppliers and we received four responses. This annual electrical services contract is used by all departments for electrical services for emergencies, bucket truck service, and miscellaneous electrical services. Bucket truck service is primarily used by the Parks and Recreation Department. Council Member Renteria moved adoption of the consent agenda, items b through e. Council Member Murray 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. 9573 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF HOUSTON FOR PARTICIPATION IN THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9574 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY -NINE THOUSAND TWO HUNDRED TWENTY -TWO AND 091100 DOLLARS ($49,222.09) TO TOTAL RECREATION PRODUCTS, INC., FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR THE WAYNE GRAY SPORTS COMPLEX; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF DXI INDUSTRIES, INC., FOR THE ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -SIX THOUSAND FIVE HUNDRED EIGHTY -NINE AND N01100 DOLLARS ($66,589.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 10 Minutes of the Regular Session — June 12, 2003 ORDINANCE NO. 9576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF INSTRUMENTATION AND ELECTRICAL SPECIALIST, LLC FOR THE ANNUAL ELECTRICAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($75,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. The City Clerk announced that Council Members Anderson, Mundinger, Murray, and Mayor Alfaro had filed affidavits of conflict of interest with his office on the following item prior to the meeting. He reiterated an earlier opinion by the City Attorney that since a majority of City Council was conflicted regarding this issue, under State law, all could participate in the discussion and vote. a. Proposed Ordinance No. 030612 -5 approves a new pipeline permit for ExxonMobil Corporation to install a 16" pipeline under Bayway Drive at West Avenue. The pipeline will carry industrial grade natural gas with a maximum operating pressure of 627 PSIG and a minimum test pressure of 1,200 PSIG. The carrier pipe has an outside diameter of 16 inches and a wall thickness of 0.50 - inches. The pipe will include 14 -16 millimeters fusion bond epoxy coating. The minimum yield strength of the pipe is 35 KSI. The pipeline will be installed and constructed by Houston Pipeline, Inc. ExxonMobil owns the easement through which this pipeline will be routed. 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. 9577 AN ORDINANCE APPROVING THE APPLICATION OF EXXON MOBIL CORPORATION FOR A NEW PIPELINE TO BE CONSTRUCTED WITHIN THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE A PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider election of Mayor Pro Tem. Section 15 of the Charter requires City Council to elect a Mayor Pro Tem. The Mayor Pro Tem shall act as the mayor during the absence or disability of the mayor and, if a vacancy should occur, shall become mayor until the next regular election. Page 10 of 10 Minutes of the Regular Session —June 12, 2003 ,/'" Council Member Anderson moved the nomination of Council Member Mundinger as Mayor Pro Tem. Council Member Murray seconded the motion. There were no further nominations. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. City Manager's Report City Manager Jackson announced that the City had been the recipient of the "Keep Texas Beautiful, First Place, Government Award" and Citation of Merit, Governor's Award, in recognition of the Trash Off, 2003. Mr. Jackson reported that the Library Public Relations Council, a national library marketing organization, had awarded Sterling Municipal Library a Certificate of Merit in their national marketing contest. In addition, he informed Council that the Friends of the Library had recently completed a $17,000 renovation of the children's area in the Library. Mr. Jackson referred to an article written by the City's Health Director and EMS Administrator called "If You Call, They Will Come, Utilization of EMS by Senior Patients" which was published by the American Geriatrics' Society. Mr. Jackson informed Council that Centerpoint Energy (Entex) has notified the City of a rate decrease, effective immediately. No action is required by Council. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:45 p.m. op" a4 za Y16X Gard/W. SlAith City Clerk