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2005 04 28 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 28, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on April 28, 2005, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Sammy Mahan Don Murray Mercedes Renteria III Scott Sheley Sheryl G. Ward Calvin Mundinger 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 Deputy City Manager City Attorney City Clerk The meeting was opened with a quorum present. Council Member Mahan led the pledge of allegiance and offered the invocation, after which the following business was conducted: Mayor Mundinger recognized the high school students in attendance. Consider approval of minutes of the special meeting held on April 14, 2005. Council Member Sheley moved approval of the minutes of the work session and the regular meeting held on April 14, 2005. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carved. Consider approval of minutes of the work session held on April 18, 2005. Council Member Ward moved approval of the minutes of the special meeting held on April 18, 2005. Council Member Sheley seconded the motion. The vote follows: Page 2 of 9 Minutes of the Regular Session – April 28, 2005 Ayes: Council Members Mahan, Renteria, Sheley, and Ward. Nays: None. Abstentions: Council Members Anderson and Murray and Mayor Mundinger. The motion carried. Consider Proposed Resolution No. 050428 -1, approving the recommendation of Traffic Engineers, Inc., on the proposed redesign of street layout for Texas Avenue. Proposed Resolution No. 050428 -1 approves the recommendation of Traffic Engineers, Inc., on the proposed redesign of street layout for Texas Avenue. Traffic Engineers, Inc., evaluated the traffic operations of Texas Avenue street and parking configuration between Pruett Street and Commerce Street. Traffic Engineers, Inc., offered the following options: a. Maintain current alignment, b. Restripe Texas Avenue removing the curved roadway design to allow parallel parking, C. Restripe Texas Avenue removing the curved roadway design to allow for 22.5 degree angled parking on both sides of the street, or d. Restripe Texas Avenue removing the curved roadway design to allow for 60 degree angled parking on one side of the street, or e. Restripe Texas Avenue removing the curved roadway design to allow for a combination of 45 degree angled and parallel parking spaces. On April 12, 2005 City staff and Traffic Engineers, Inc., held a public meeting to receive public input on the redesign of the layout of Texas Avenue. Traffic Engineers, Inc. provided several options to be considered for the redesign. One specific proposal ( "c" above) provided 22.5 degree angle parking on both sides of Texas Avenue and was favored by the transportation consultant and the fourteen of the thirty-one persons in attendance at the meeting. Another option, developed by the consultant after the public meeting, that may be considered (option 'T') proposing parallel parking with a 3' curb – access space on both sides of the street. Roger Armstrong, Traffic Engineers, Inc., reviewed the possible redesign options as follows: a. present configuration -18 spaces per block, b. parallel parking with a 16' driving lane -22 spaces per block, C. 22.5 degree angled parking with a 10' driving lane -10 spaces per block, d. 60 degree angle parking — parking on only one side of the street, e. 45 degree angle parking on one side and parallel parking on the other, and f. parallel parking with a 3' curb - access area with 13' driving lanes -22 spaces per block. Mr. Armstrong stated his preference for option "c." James Haarmeyer, Sharlotta Pearce, Terry Presley, Chris Presley, Chris Warford, and Mitchell Pearce each signed to address Council on this item, but waived speaking due to the recommendation that another public meeting be held to discuss the redesign. Page 3 of 9 Minutes of the Regular Session — April 28, 2005 Gregory Stubbs, Director of Planning and Development Services, stated that the Downtown Master Plan was not considered in the development of the redesign options because the Master Plan calls for reconstruction of the sidewalks and the current redesign would be changed when the Master Plan is implemented. Council Member Sheley moved postponing consideration of the item until the next regular City Council meeting and directing the scheduling of a public meeting on May 9, 2005 to discuss option 'T." Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward Mayor Mundinger. Nays: None. The motion carried. Consider Proposed Ordinance No. 050428 -1 approving Change Order No. 1 to adjust final quantities, approve final payment and release of retainage, and to accept the Goose Creek Looped Water Line Project. Proposed Ordinance No. 050428 -1 approves Change Order No. 1 to adjust final quantities, approves final payment of $33,960.50 to Troy Construction, LLP, and accepts the Goose Creek Looped Water Line project. The original contract was awarded to Troy Construction, LLP for $304,609 and the contract duration was 120 calendar days. Change Order No. 1 is a balancing change order and increases the final contract amount by $1,246 to $305,855, which represents a 0.41% cost increase. The cost increase was mainly due to an adjustment of final quantities on various bid items. The contractor finished the project in the allotted time and their workmanship was satisfactory. Council Member Mahan moved adoption of the proposed ordinance. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,059 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH TROY CONSTRUCTION, LLP, TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE GOOSE CREEK LOOPED WATER LINE PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY -THREE THOUSAND NINE HUNDRED SIXTY AND 501100 DOLLARS ($33,960.50) TO TROY CONSTRUCTION, LLP, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 4 of 9 Minutes of the Regular Session — April 28, 2005 Consider approving plans and specifications and authorize advertisement to for bids for the Chaparral, Central Heights, and Graywood Sanitary Sewer Rehabilitation Project. Consider approval of the plans and specifications and authorizing advertisement for bids for the Chaparral, Central Heights, and Graywood Sanitary Sewer Rehabilitation Project. The scope of work includes sewer rehabilitation work primarily using the pipe bursting method, but will also include some removal and replacement by open trench methods. Some of the pipe segments include existing slip liners that will need to be removed prior to the pipe bursting operations. The base bid includes approximately 32,000 linear feet of pipe bursting for the installation of new high density polyethylene pipe. The total estimated construction cost for this project is $2.6 million. Certificates of obligation and revenue bonds will fund this project and the construction duration is 180 calendar days. Council Member Anderson moved approval of the plans and specification and authorization for advertisements for bids. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Consider approving plans and specifications and authorize advertisement to take bids for the West Baytown Sanitary Sewer Rehabilitation Project, Phase I. Consider approval of the plans and specifications and authorizing advertisement for bids for the West Baytown Sanitary Sewer Rehabilitation Phase I Project. The scope of work includes sewer rehabilitation work primarily using the pipe bursting method, but will also include some removal and replacement by open trench methods. Some of the pipe segments include existing slip liners that will need to be removed prior to the pipe bursting operations. The base bid includes approximately 25,000 linear feet of pipe bursting and 650 linear feet of open cut for the installation of new high density polyethylene pipe. The total estimated construction cost for this project is $1.4 million. Texas Water Development Board bond funding will fund this project and the estimated construction duration is 120 calendar days. Council Member Murray moved approval of the plans and specifications and authorization of advertisement for bids. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Page 5 of 9 Minutes of the Regular Session — April 28, 2005 Discuss and take appropriate action relating to the televising of City Council meetings and rules for a municipal channel. The policies, rules, and guidelines from several cities were reviewed in the preparation of the draft rules included in the packet. The purpose of the proposed rules is to control the content of the programming, restrict the programming to legitimate municipal purposes, and do not attempt to regulate conduct. A memo discussing programming options and costs, along with previously provided information estimating installation costs and timing, and set of draft rules is included in the packet. Gary Jackson, City Manager, stated that the proposal includes the televising of City Council meetings, a city bulletin board, emergency management information, and public service announcements. Staff acquired information from Missouri City on their media department. Missouri City televises constantly. The departmental budget is $767,000. A demonstration of Missouri City television was presented. Mayor Mundinger stated that the operation in Baytown would be limited and the additional cost would be $2,000 for overtime to operate the cameras. Mr. Jackson stated that the estimates provided to City Council did not include the expense of existing personnel to operate the equipment or maintaining the city bulletin board. Public service announcement videos are available. No new employees are included. Mayor Mundinger urged a start-up operation. He noted that the City of Georgetown contracts with an outside firm to operate the municipal channel, at a cost of $15,000 per year. He said that the operation may grow to additional activities. Council Member Anderson stated that it is possible that the program could grow to the size of the Missouri City operation. Mayor Mundinger stated that $50,000 in contingency funds had been identified for the project. He does not recommend live streaming over the Internet. He only recommends broadcasting over the cable channel. Mr. Jackson stated that the work would be done by the ITS Department. Mayor Mundinger noted that the franchise with Time Warner allows for two channels. The City can cooperate with Goose Creek CISD and Lee College to televise their events. Council Member Anderson stated that a portion of his district is in Chambers County and is not served by Time Warner cable. Therefore some of his constituents will not be able to view the channel. Council Member Sheley moved approval of televising City Council meetings as outlined by Mr. Jackson. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: Council Member Anderson. Page 6 of 9 Minutes of the Regular Session — April 28, 2005 The motion carried. Receive quarterly financials and investment report for the period ending March 31, 2005 for the City of Baytown. Mr. Jackson stated that the quarterly financials and investment report had been reviewed by the Finance Committee in its recent meeting. Council received the quarterly financials and investment report for the period ending March 31, 2005 for the City of Baytown. Consent Agenda a. Consider Proposed Ordinance No. 050428 -2, awarding the bid for the annual repair clamps contract. b. Consider Proposed Resolution No. 050428 -2, approving the annual budget of Baytown Outdoor, Inc. Council Member Murray asked that item b be removed from the Consent Agenda for separate consideration. Council Member Renteria moved adoption of the consent agenda, items a and c. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,060 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 GOLDEN TRIANGLE PIPE FOR THE ANNUAL REPAIR CLAMPS CONTRACT; AUTHORIZING PAYMENT IN THE AMOUNT OF SEVENTY - ONE THOUSAND THIRTY -SIX AND NO /100 DOLLARS ($71,036.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1712 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE ANNUAL BUDGET OF BAYTOWN OUTDOOR, INC., PURSUANT TO SECTION 351.101(C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 9 Minutes of the Regular Session — April 28, 2005 Council Member Mahan requested that Consent Agenda item c be reconsidered. Mayor Mundinger denied the request based on Council's rules. Consider Proposed Ordinance No. 050428 -3, repealing Ordinance No. 10,022 adopted on March 10, 2005, and authorizing and an Amendment to the Lease of Premises concerning a portion of Bayland Island with Angel Brothers Enterprises, Ltd., Bayland Island Development, L.C., and Bayland Island Beverage, Inc., to provide additional area for the development of outside amenities to complement the operation in the former restaurant building and to impose different environmental obligations on the Lessee. Proposed Ordinance No. 050428 -3 repeals Ordinance No. 10,022 adopted on March 10, 2005, and authorizes and an Amendment to the Lease of Premises concerning a portion of Bayland Island with Angel Brothers Enterprises, Ltd., Bayland Island Development, L.C., and Bayland Island Beverage, Inc., to provide additional area for the development of outside amenities to complement the operation in the former restaurant building and to impose different environmental obligations on the Lessee. Bob Leiper, Deputy City Manager, reported that the original amendment included a requirement of a wetlands delineation before any development. Not all improvements will require a wetlands delineation, therefore, the change will require, before construction, that the lessee provide a wetlands delineation or written confirmation from the U. S. Army Corp of Engineers that a wetlands delineation is not required. Council Member Murray moved approval of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 10,022 ADOPTED ON MARCH 10, 2005, WHICH AUTHORIZED AN AMENDMENT TO THE LEASE OF PREMISES CONCERNING A PORTION OF BAYLAND ISLAND TO PROVIDE ADDITIONAL AREA FOR THE DEVELOPMENT OF OUTSIDE AMENITIES TO COMPLEMENT THE OPERATION IN THE FORMER RESTAURANT BUILDING; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AMENDMENT TO THE LEASE OF PREMISES CONCERNING A PORTION OF BAYLAND ISLAND WITH ANGEL BROTHERS ENTERPRISES, LTD., BAYLAND ISLAND DEVLOPMENT, L.C., AND BAYLAND ISLAND BEVERAGE, INC., TO PROVIDE ADDITIONAL AREA FOR THE DEVELOPMENT OF OUTSIDE AMENITIES TO COMPLEMENT THE OPERATION IN THE FORMER RESTAURANT BUILDING AND TO IMPOSE DIFFERENT ENVIRONMENTAL OBLIGATIONS ON THE LESSEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8 of 9 Minutes of the Regular Session — April 28, 2005 Consider confirmation of City Manager's appointees to the Baytown Library Board. Kathy Barnett has resigned due to her relocation to the Tyler area. Ruben Linares has agreed to serve should Council confirm his appointment. Mr. Linares resides in District 4 and has been an active member of the Friends of the Library. Council Member Murray moved confirmation of Ruben Linares' appointment to the Baytown-Library Board. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Consider appointments to the Tow Truck Committee. Council Member Mahan stated that he had a conflict of interest and would not participate in the item. The terns of Lewis McRee and Jim Seth expire in April 2005. Mr. Seth has declined reappointment. Mr. McRee has agreed to serve if reappointed by Council. Mr. McRee attended 3 of the 3 meetings in 2004. C. F. Burrell and Sobeida Rodriguez have agreed to serve if appointed. Council Member Anderson moved appointment of Lewis McRee and C. F. Burrell to the Tow Truck Committee. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. Abstention: Council Member Mahan The motion carried. City Manager's Report. Distinguished Budget Presentation Award from Government Finance Officers Association. Mr. Jackson commended Donna Sams, Rhonda Young and the Finance Department for receiving the recognition. The Cinco de Mayo festivities will include a parade on Thursday, May 5, at 6:30 p.m. and a festival on Saturday, May 7, at Bicentennial Park. Page 9 of 9 Minutes of the Regular Session — April 28, 2005 P� Adjourn. Council Member Anderson moved that the meeting adjourn. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:40 p.m.