Loading...
2004 02 26 CC MinutesIm MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 26, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on February 26, 2004, at 6:30 p.m. in the Council Chamber of 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 Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was opened with a quorum present and 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 February 12, 2004. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on February 12, 2004. 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. Consider Proposed Ordinance No. 040226 -1, amending Chapter 102 "Vehicles for Hire," Article III "Tow Trucks," Division 3 "Permit," Section 102 - 196 "Application," Subsection (b)(8) of the Code of Ordinances and Chapter 102 "Vehicles for Hire," Article III "Tow Trucks," Division 3 "Permit," Section 102 -200 "Suspension, Subsection (3)c of the Code of Ordinances, to allow the permitting of wheel -lift tow trucks. Presently the ordinance requires that the tow bar on a tow truck be covered with at least one inch of rubber and have a sling. An exception was previously made for rollback tow trucks. The proposed amendment would allow the use of wheel -lift only tow trucks on the rotation list. The wheel -lift tow trucks would be required to be equipped with a winch with the same capacity as other permitted tow trucks. The proposed amendment was presented to the Tow Truck Committee on January 26, 2004 and the Committee recommended that Council amend the ordinance to permit wheel -lift only tow trucks. Page 2of10 Minutes of the Regular Session — February 26, 2004 Mr. Lewis McRee, Chairman of the Tow Truck Committee addressed Council regarding the Committee's recommendation that Council approve the ordinance. Sammy Mahan, 201 Roseland, waived the opportunity to address Council on this issue. After discussion of issues related to permitting wheel -lift only tow trucks, Council Member Mundinger moved not to adopt 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. Consider Proposed Ordinance No. 040226 -2, authorizing an interlocal agreement with Harris County for fire protection services in an unincorporated area of Harris County. This contract covers the period from March 1, 2004, to March 31, 2005. The amount to be paid under the agreement is $10,000 for services to be performed during the term of the agreement and allows us the ability to bill for services. This contract generally contains the same terms and conditions that were incorporated into the agreement which council approved on January 22, 2004, which should allow the City to charge for fire protection services provided in the service area covered by the agreement. Mr. Jackson explained that the fee paid under the agreement is a readiness to serve fee and, upon adoption of a Fee for Service Schedule, the City could bill for services rendered in the covered portion of Hams County. Council Member Anderson moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9740 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE PROVISION OF FIRE PROTECTION SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 3 of 10 Minutes of the Regular Session — February 26, 2004 Consider Proposed Ordinance No. 040226 -3, accepting the dedication of a utility easement along East Greenwood Road in Cedar Crossing Industrial Park and the dedication of 400 square feet of land out of the John Steele Survey, A -227, Chambers County, Texas. This dedication includes a lift station that was constructed as a private lift station to serve U.S. Filters. It now also serves Duna, Ecolochem and will serve the new Wal -Mart warehouse. The lift station has been inspected by the Utilities Department and payment has been received to make necessary changes to bring the unit in line with City specifications. Council Member Godwin 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. 9741 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING FROM CEDAR CROSSING L.P., THE DEDICATION OF A UTILITY EASEMENT ALONG EAST GREENWOOD ROAD IN CEDAR CROSSING INDUSTRIAL PARK AND THE DEDICATION OF 400 SQUARE FEET OF LAND OUT OF THE JOHN STEELE SURVEY, A -227, CHAMBERS COUNTY, TEXAS, AND ALL IMPROVEMENTS THEREON FOR A LIFT STATION SITE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040226 -4, authorizing an Infrastructure Construction Agreement with Cedar Crossing, L.P., from FM 1405 to the western boundary of the property to be purchased by Wal -Mart for a distribution center. On November 13, 2003, City Council approved a resolution supporting the expenditure of up to $300,000 for the design and construction of public water and sewer lines for an economic development project in Chambers County. The proposed contract formalizes that agreement and is expressly contingent upon Wal -Mart's purchase of the property on or about March 1, 2004. Under the agreement, the City shall, at its sole cost and expense, construct a twelve (12) inch water line and a twelve (12) inch sewer line with capacity sufficient to provide 25,000 gallons per day of water and sanitary sewer service to the property. The City shall endeavor to complete the infrastructure work within 90 days of the effective date of this agreement. In consideration of constructing the infrastructure, the City will receive anticipated economic development benefits generated by Wal- Mart's construction of a distribution Center on the Property. All elements of this project will be funded by interest earnings from previous water and sewer bond sales. The project is in Industrial District No. 3 and Wal -Mart will be offered the opportunity sign an Industrial District Agreement. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Page 4of10 Minutes of the Regular Session — February 26, 2004 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9742 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INFRASTRUCTURE CONSTRUCTION AGREEMENT WITH CEDAR CROSSING, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040226 -5, approving a professional services agreement for the East Greenwood Drive Water and Sewer Extension Project for the Wal -Mart Warehouse at the Cedar Crossing Industrial Park. Proposed Ordinance No. 040226 -5 approves a professional services agreement in the amount of $20,000 with Pate Engineers, Inc. for the design of East Greenwood Drive Water and Sewer Extension Project for the Wal -Mart Warehouse at the Cedar Crossing Industrial Park. In anticipation of the announcement of the Wal -Mart Warehouse project, Pate Engineers was retained by Cedar Crossing L.P. to design the necessary water and sewer line extensions. Under the agreement with Cedar Crossing L.P., the City is responsible for the design and construction costs of the public portions of this line. The agreement pays for that share of the design and preparation of bid documents, as well as construction management. This agreement will be funded by interest earnings from previous water and sewer bond sales. Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH PATE ENGINEERS, INC., FOR AN INVESTIGATIVE STUDY FOR THE DESIGN OF A 12 -INCH WATER MAIN AND 12 -INCH SANITARY SEWER MAIN EXTENSION ALONG THE PROPOSED EAST GREENWOOD ROAD EXPANSION IN CEDAR CROSSING INDUSTRIAL PARK; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF A LUMP SUM OF TWENTY THOUSAND AND NO /100 DOLLARS ($20,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 10 Minutes of the Regular Session — February 26, 2004 " Consider approving plans and specifications for the East Greenwood Drive Water and Sewer Extension Project for the Wal -Mart Warehouse at the Cedar Crossing Industrial Park and authorize advertisement for bids Approximately 1,300 feet of 12" water and 1,000 feet of 12" sewer line will be constructed in the public right -of -way from FM 1404 to the end of East Greenwood Drive where it dead -ends at the Wal- Mart property. The estimated construction cost is $100,000 and is expected to take 60 to 90 days to construct. This construction will be funded by interest earnings from previous water and sewer bond sales. Council Member Godwin moved approval of plans and specifications for the East Greenwood Drive Water and Sewer Extension Project for the Wal -Mart Warehouse at the Cedar Crossing Industrial Park and authorization for advertisement for bids. 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. Consider approving plans and specifications for the Pinehurst/Bayou Vista Drainage Outfall Project and authorize advertisement for bids. The scope of work includes the installation of approximately 375 linear feet of drainage conduit, three concrete manholes, and timber bents at two outfall points by Cedar Bayou in the Pinehurst Subdivision. The purpose of this project is to convey the public storm water from the subdivision directly into Cedar Bayou and not allow storm water runoff to spill onto private property as it currently does. The City has coordinated with the U.S. Army Corps of Engineers and has received a Nationwide Permit to discharge storm water into the tidally influenced bayou. The estimated construction cost for the project is $90,409 and will be funded from the 2001 General Obligation Drainage Bonds. Construction duration for this project is estimated to be 60 calendar days. Council Member Anderson moved approval of plans and specifications for the Pinehurst/Bayou Vista Drainage Outfall Project and authorization for advertisement for bids. 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. Page 6of10 Minutes of the Regular Session — February 26, 2004 Discuss proposed Charter amendments and consider action related thereto. Council Member Murray moved to thank the Charter Committee for the work it had done to date, to request that the members continue to serve according to the charge given them at the January 29, 2004 Charter Committee meeting, with a timeline of reporting the Committee's progress to Council by the end of calendar year 2004, regardless of whether or not it is a complete review of the Charter. 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. Discuss and consider the rescheduling of the City of Baytown Trash -Off. Council Member Anderson moved to reschedule the City of Baytown Trash -Off to Saturday, May 1, 2004. 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. Consent Agenda a. Proposed Ordinance No. 040226 -6 approves the purchase of playground equipment for Barkaloo Park through the Texas Local Government Purchasing Cooperative (Buy Board) from Total Recreation Products, Inc., representing Gametime Play Equipment in the amount of $35,154.23. In the 2000 bond program, there was $250,000 allocated for playground renovations. This is a continuation of the playground renovation program. The play equipment that was located at Barkaloo Park was removed in 2001 because of safety reasons. Parks and Recreation Department employees will install all equipment. 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." b. Proposed Ordinance No. 040226 -7 awards the third renewal of the annual vacant lot mowing contract, Item Nos. Two, Three, and Four, to Miracle Maintenance Concepts, in the amount of $74,375. Miracle Maintenance submitted a written request to renew the current contract for the same pricing, terms, and conditions. Item No. One, specialized work such as weeding and trimming, has been eliminated from this contract because it is not utilized by the City due to budget constraints. This contract is used by the Health Department for the vacant lot- mowing program. Funding is available in the Neighborhood Protection/Vacant Lot Cleaning, Landfill Fees, and the CDGB Landfill Fees accounts. im Page 7 of 10 Minutes of the Regular Session — February 26, 2004 C. Proposed Ordinance No. 040226 -8 awards the second renewal of the annual collection of warrants contract to State Municipal Services, Inc. State Municipal Services, Inc. submitted a written request to renew the current contract for the same 12% collection fee charged last year. This contract is used by the Municipal Court. Funding is available in the Municipal Court Special Services account. Municipal Court selects the warrants forwarded to State Municipal Services. This service provided will supplement the effects of our Marshals. The service will concentrate on the older warrants, while our Marshals concentrate on the more recent warrants. d. Proposed Resolution No. 040226 -1 is an annual requirement of the Federal Aviation Administration (FAA) to obtain approval from various area communities concerning the Chambers County Mosquito Control District's aerial spraying program. Since a portion of the City of Baytown is in Chambers County, the Chambers County Mosquito Control District must obtain this permission to apply pesticides for the purpose of mosquito control in this area. e. Proposed Resolution No. 040226 -2 authorizes the reimbursement for projects scheduled to begin prior to the issuance of bonds. State law requires cities to have the funds available at the time the contract is let. These projects address Texas Commission on Environmental Quality or health and public welfare issues and are scheduled for design and construction this summer. Certificates of Obligation will be issued in the fall. The following project is planned: Description Estimated Cost Central District Treatment Plant Improvements $400,000 Total $400,000 Council Member Mundinger moved adoption of the consent agenda, items a through e. 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. 9744 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY -FIVE THOUSAND ONE HUNDRED FIFTY -FOUR AND 23/100 DOLLARS ($35,154.23) TO TOTAL RECREATION PRODUCTS, INC., FOR THE PURCHASE OF PLAYGROUND EQUIPMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8of10 Minutes of the Regular Session — February 26, 2004 ORDINANCE NO. 9745 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF MIRACLE MAINTENANCE CONCEPTS FOR THE ANNUAL VACANT LOT MOWING CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -FOUR THOUSAND THREE HUNDRED SEVENTY -FIVE AND NO 1100 DOLLARS ($74,375.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9746 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF STATE MUNICIPAL SERVICES, INC., FOR THE ANNUAL COLLECTION OF WARRANTS CONTRACT AND AUTHORIZING A TWELVE PERCENT (12 %) COLLECTION FEE PURSUANT TO THE CONTRACT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1632 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1633 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING REIMBURSEMENT OF UP TO FOUR HUNDRED THOUSAND AND NO /100 DOLLARS ($400,000.00) EXPENDED OR TO BE EXPENDED FROM THE CAPITAL IMPROVEMENT PROGRAM FUND ON THE CENTRAL DISTRICT TREATMENT PLANT IMPROVEMENT PROJECT FROM THE CERTIFICATES OF OBLIGATION TO BE ISSUED IN THE FALL OF 2004; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointment to the Community Development Advisory Committee. Council Member Renteria moved appointment of Larry Newton to the Community Development Advisory Committee. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 9of10 Minutes of the Regular Session — February 26, 2004 Consider appointment to the Tow Truck Committee. This item was not ready for consideration. City Manager's Report. City Manager Jackson informed Council that the 4'h of July Celebration entertainment will include the following: DJ Music by M & D Entertainment, Texas Squeeze, the 4- Barrel Ramblers, Ramiro "Ram" Herrera, and the featured entertainment of Guy Clark, as well as the Baytown Big Band and fireworks. Mr. Jackson announced that a summer concert series is planned, including Bayou Blues Night on June 18, Surfing Tropics Night on July 3, La Familia Night on July 30, and Taste of Texas Night on August 13. Mr. Jackson related that Household Hazardous Waste Collection Day will be held jointly with Hams County, on March 20, 2004, 1200 Lee Drive, from 8:00 a.m. to 2:00 p.m. Regarding the Municipal Court Building roof, Mr. Jackson said that the replacement is currently underway, with funding from the retainage on the project, and is projected to be complete by the end of the following week. Mr. Jackson announced the Texas Water Development Board acceptance of BAWA funding. Mr. Jackson informed Council on the progress of the Community Center repairs. He said that rotted wood had been discovered and that change orders will be forthcoming for Council approval in the near future. He stated that the project provided for completion in 270 calendars days and that Notice to Proceed had been given on January 9, 2004. Mr. Jackson reported on the Street Bond Program and said that Phase I, including Amy and McFarland Streets are under full construction, and that work on Fleetwood Drive is beginning. Streets scheduled for reconstruction in the upcoming months are Country Club Drive, Ashwood Drive, Ohio Street, Utah Street, and Tanglewood Drive. Mr. Jackson said that the award of bid for Phase II of the project is scheduled for Council approval at the March 25, 2004 meeting and that the findings and list of streets for Phase III of the project are scheduled for discussion at the work session to be held on the same date. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 10 of 10 Minutes of the Regular Session — February 26, 2004 /` There being no further business, the meeting adjourned at 7:30 p.m. Gafy W. Smith City Clerk P.