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.