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2005 08 25 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 25, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on August 25, 2005, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Brandon Capetillo Sammy Mahan Don Murray Mercedes Renteria III Scott Sheley Calvin Mundinger Gary M. Jackson Kelvin Knauf 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 Deputy City Manager City Attorney City Clerk The meeting was opened with a quorum present and Council Member Sheley 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 August 11, 2005. Council Member Capetillo moved approval of the minutes of the work session and regular meeting held on August 11, 2005. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. Abstention: Council Member Renteria. The motion carried. Consider Proposed Ordinance No. 050825 -1, amending Chapter 2 "Administration," Article 1V "Boards and Commissions" of the Code of Ordinance, Baytown, Texas, to establish the Baytown Beautification Advisory Commission. The proposed ordinance establishes a fifteen- member commission of city residents. Three members are appointed by the Mayor and each Council Member appoints two members. City Council approves all appointees. The commission members may come from civic organizations, educational institutions, businesses, non - profit charitable organizations, governmental institutions, or the public at large. The terms of the commission members shall be staggered, with terms not to exceed two years. A commission member may succeed him/herself. Page 2 of 11 Minutes of the Regular Session — August 25, 2005 The commission shall establish its own rules and procedures. Its meetings and minutes will be public. The commission shall elect its own officers from among its membership. Absence at three consecutive meetings, without valid reason, may result in removal from the commission. The commission is to promote the public interest in litter control, neighborhood improvement through voluntary cooperation of citizens, government, businesses, and industries, participation in the Keep America Beautiful, Inc., and Keep Texas Beautiful, Inc. programs, and to investigate and develop plans for the cleanliness and beautification of the City through education programs, recommendations for enforcement and additional program alternatives, development of programs for the reduction of litter, recommendations for legislative changes for the handling of solid waste and the control and elimination of litter, trash, and waste materials, recommendations for beautification programs for main entryways and public rights -of -way within the city, and development of recognition programs. Council Member Murray moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. There was discussion regarding designating members from specific civic organizations, the deadline for appointment, or a secondary method of filling a position, publicizing the need for volunteers, and completing the appointments by the second regular meeting in September. Council Member Murray amended his motion to change the beginning date of the terms from November 1 to October 1, 2005. Council Member Anderson accepted the amendment. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV `BOARDS AND COMMISSIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING A NEW DMSION TO BE NUMBERED AND ENTITLED DIVISION 11 "BAYTOWN BEAUTIFICATION ADVISORY COMMISSION' TO ESTABLISH SUCH COMMISSION, PROVIDE FOR ITS MEMBERSHIP ALONG WITH ITS POWERS AND DUTIES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050825 -2, awarding the construction contract for the Goose Creek Lift Station Rehabilitation Project. Proposed Ordinance No. 050825 -2 awards a construction contract, in the amount of $690,200, to T &C Construction, LTD, for the Goose Creek Lift Station Rehabilitation Project. The scope of work for this project includes, but is not limited to a new valve pit structure, pumping units, valves, piping, and electrical controls. To increase structural stability, the work also consists of the installation of a new structural liner inside the existing wet well. The total estimated construction cost for this project was $700,000. The construction duration is 180 calendar days. The 1992 AMT bonds and interest along with 2002 -2004 Certificates of Obligation will fund this project. Page 3 of 11 Minutes of the Regular Session — August 25, 2005 Council Member Capetillo moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,133 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 T & C CONSTRUCTION, LTD., FOR THE GOOSE CREEK LIFT STATION REHABILITATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF SIX HUNDRED NINETY THOUSAND TWO HUNDRED AND NO 1100 DOLLARS ($690,200.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Mahan had filed an affidavit indicating a conflict of interest and he would not participate in consideration of the item. Consider Proposed Ordinance No. 050825 -3, amending Article III "Tow Trucks" of Chapter 102 "Vehicles for Hire" of the Code of Ordinances, City of Baytown, Texas, by repealing the existing Article III "Tow Trucks," and adopting a new Article III "Tow Trucks" to regulate the operation of tow trucks relating to nonconsent tows and approving the Tow Truck Agreement. The proposed amendments provide new definitions to provide clarity in the provision of nonconsent tows within the City, provides for quarterly meetings of the Tow Truck Committee, establishes penalties for failure to comply with the ordinance and contract; establishes new fees for towing vehicles ($105 flat fee, $65 for transferring a vehicle to the desired location, and $15 per diem storage). The proposed contract is revised to be consistent with the proposed ordinance. The contract has been revised to permit the use of a wheel -lift truck. The Tow Truck Committee has met over the course of the last year to recommend the proposed changes. The minutes of the meetings are included in the packet. On July 19, 2005, the Tow Truck Committee voted unanimously to recommend the proposed changes to the ordinance and to the contract for towing services. The following persons signed to address Council but waived the opportunity to speak when called upon by the Mayor: Brad Shirley and Linda Shirley. Council Member Murray moved to postpone consideration of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Page 4 of 11 Minutes of the Regular Session – August 25, 2005 Ayes: Council Members Anderson, Capetillo, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. Abstention: Council Member Mahan. The motion carried. Consider Proposed Ordinance No. 0508254, amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94-121 "Schedules enumerated," Schedule X "Designation— Restrictive Turn Movements" of the Code of Ordinance, City of Baytown, Texas, to designate Goose Creek Drive at Baker Road as "No Right on Red." The purpose of the "No Right on Red" sign is to increase safety at the intersection due to a line of sight problem, caused by a limited City right -of -way. Section 544.007 (f) of the Texas Transportation Code authorizes the "municipal authority" to prohibit right turns when facing a steady red signal. The Planning and Zoning Commission approved the change at their meeting on July 20, 2005. Council Member Murray moved adoption of the proposed ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,134 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 X "DESIGNATION— RESTRICTIVE TURN MOVEMENTS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO DESIGNATE GOOSE CREEK DRIVE AT BAKER ROAD AS "NO RIGHT ON RED "; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MINIMUM PENALTY OF ONE AND N01100 DOLLARS ($1.00) AND A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. N Page 5 of 11 Minutes of the Regular Session — August 25, 2005 Consider Proposed Ordinance No. 050825 -5, approving an allocation agreement for the creation of an in -City Municipal Utility District in the territory proposed for development along Thompson Road between Lynchburg -Cedar Bayou Road and Interstate Highway No. 10. This project and the creation of an in -City MUD were discussed at the July 14, 2005 work session. Council Member Capetillo moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,135 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 UTILITY FUNCTIONS AND SERVICES ALLOCATION AGREEMENT WITH BURNET BAY, LTD.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF Consider Proposed Resolution No. 050825 -1, consenting to the formation of an in -City Municipal Utility District in the territory proposed for development along Thompson Road between Lynchburg -Cedar Bayou Road and Interstate Highway No. 10. This project and the creation of an in -City MUD was discussed at the July 14, 2005 work session. Council Member Capetillo moved adoption of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1737 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE CREATION OF A POLITICAL SUBDMSION TO BE KNOWN AS HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473, ONE PURPOSE OF WHICH WILL BE TO SUPPLY FRESH WATER FOR DOMESTIC OR COMMERCIAL USE OR TO FURNISH SANITARY SEWER SERVICES, ROADWAYS, OR DRAINAGE, WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND CONSISTING OF APPROXIMATELY 403.9469 ACRES OF LAND, MORE OR LESS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 11 Minutes of the Regular Session — August 25, 2005 Consider Proposed Resolution No. 050825 -2, granting consent to the inclusion of 43.3846 acres into Lake Municipal Utility District located within the extraterritorial jurisdiction of the City. Proposed Resolution No. 050825 -2 grants Lake Municipal Utility District's petition for the inclusion of 43.3846 acres into its District. Texas Local Government Code, Section 42.042 provides that a district that supplies fresh water or furnishes sanitary sewer services may not be created (or expanded) in the extraterritorial jurisdiction of a municipality without the consent of the municipality. The conditions placed on this expansion are similar to the consents the City has granted for the creation of other MUDs. The primary distinctions in this consent are: This is an expansion of an existing MUD (as opposed to a creation), and The provision of water and wastewater service is specifically excluded. On July 20, 2005, the Board of Directors of Lake MUD presented a petition requesting that the City grant its consent to the expansion of Lake MUD by its inclusion of an additional 43.3846 acres. A copy of the petition is included in the packet. The area proposed for the expansion is north and east of the intersection of Garth Road and Wallisville Road, within the City's extraterritorial jurisdiction. This action grants consent to the expansion of the district. Council Member Anderson moved adoption of the proposed resolution. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 43.3846 ACRES OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, IN LAKE MUNICIPAL UTILITY DISTRICT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a. Proposed Ordinance No. 050825 -6 authorizes payment in the amount of $63,913 to Versaterm for the annual software maintenance for public safety applications. The annual software maintenance agreements provide support in the event of programming, upgrades, bug fixes, telephone support, etc. for the following software packages: Informix Four J's Compiler and client licensing, Fire CAD and document imaging, Police Department MaxiCad, Police Department MugShot, RMS software and support services. Funding is available in the ITS account of the general fund. Page 7 of 11 Minutes of the Regular Session — August 25, 2005 b. Proposed Ordinance No. 050825 -7 authorizes payment, in the amount of $63,240.46, to Netview Technologies, Inc., for cabling, security, and fiber optics for new Emergency Operations Center (EOC) and Police Academy (PA). These projects include installation of fiber optic connectivity between the new EOC/PA and EOC to the Police Department, Security Detection (PA), Speaker/Intercom System (PA), IP Security Cameras (both), network cabling (EOC) and Card Access Security System (PA). Netview Technologies, Inc., is a Qualified Information Systems Vendor (QISV). A local government that participates in the cooperative purchasing program established under sections 271.082 and 271.083 of the Local Government Code satisfies otherwise applicable competitive bidding requirements when it makes a purchase through the catalogue purchasing procedure established by Section 2157.067 of the Government Code. The purpose of the QISV Catalogue Purchasing Program is to allow state agencies and political subdivisions to purchase automated information systems products and/or services in an efficient, cost effective, and competitive procurement method. The CCPD Construction Fund and Capital Improvement Project Fund (CIPF) will fund this project. Proposed Ordinance No. 050825 -8 awards the annual hot -mix asphalt contract, in the amount of $79,900, to the apparent lowest responsible bidder, Baytown Asphalt Materials, dba Century Asphalt Materials. Invitations to bid were sent to three (3) suppliers and three (3) responses were received. Hot -mix asphalt is picked up by the Public Works Department from the supplier's plantsite and used for pothole patching, streets, parking lots, and various other applications by the Public Works Department. d. Proposed Ordinance No. 050825 -9 awards the annual concrete raising contract, in the amount of $70,000, to the apparent lowest responsible bidder, Superior Grouting Services of Texas, Inc. Invitations to bid were sent to three (3) suppliers and three (3) responses were received. This contract it to provide concrete raising services for the purpose of eliminating swales, birdbaths, and related pavement failures on various concrete thoroughfares throughout the City. The contract requires lifting and stabilizing for all thicknesses up to and including six inches (6 ") of concrete pavements, including curb and gutter, roadways, and driveway aprons. Council Member Murray moved adoption of the consent agenda, items a through d. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 8of11 Minutes of the Regular Session — August 25, 2005 ORDINANCE NO. 10,136 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY -THREE THOUSAND NINE HUNDRED THIRTEEN AND N0 1100 DOLLARS ($63,913.00) TO VERSATERM, INC., FOR ANNUAL SOFTWARE MAINTENANCE FOR PUBLIC SAFETY APPLICATIONS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY -THREE THOUSAND TWO HUNDRED FORTY AND 46/100 DOLLARS ($63,240.46) TO NETVIEW TECHNOLOGIES, INC., FOR CABLING, SECURITY AND FIBER OPTICS FOR THE NEW EMERGENCY OPERATIONS CENTER AND POLICE ACADEMY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTOWN ASPHALT MATERIALS, LTD., DB /A CENTURY ASPHALT MATERIALS FOR THE ANNUAL HOT -MIX ASPHALT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -NINE THOUSAND NINE HUNDRED AND NO /100 DOLLARS ($79,900.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,139 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 T & C CONSTRUCTION, LTD., FOR THE GOOSE CREEK LIFT STATION REHABILITATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF SIX HUNDRED NINETY THOUSAND TWO HUNDRED AND NO /100 DOLLARS ($690,200.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Announcement of Mayor's appointment to the Baytown Housing Authority. This item was not ready for consideration. Consider appointment to Baytown Housing Finance Corporation. The Baytown Housing Finance Corporation board is interlocking with the Baytown Housing Authority board. The term of James White expired on July 1, 2005. This item was not ready for consideration. Page 9of11 Minutes of the Regular Session — August 25, 2005 Consider appointments to the Construction Board of Adjustments and Appeals. This item was not ready for consideration. Consider appointment to the Community Development Advisory Committee. Eric Halverson has moved from the City, thereby vacating his position. Mr. Halverson represented District 2 on the Committee. Norman Barnett, a resident of District 2, has expressed interest in serving on the Committee. Council Member Sheley moved appointment of Norman Barnett to the Community Development Advisory Committee. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider appointments to the Youth Advisory Commission. On March 24, 2005 Council unanimously approved the establishment of a Youth Advisory Commission that would provide the youth of Baytown with an opportunity and a vehicle to provide input into the decisions and policies that affect them. The YAC will meet the 15` and P Monday of every month. The following person registered to speak to Council regarding appointment to the Youth Advisory Commission: Anthony Logan Havel, 613 South Circle Drive Mr. Havel requested Council support and to be appointed to the Youth Advisory Commission. Gina Rivon, Youth Advisory Commission Coordinator, informed Council that the commission's first meeting would be held on September 19, 2005. Council Member Murray moved appointment of Brittnee Ann Andrew, Rachel Elise Barajas, Ayla Blythe Casey, Stephanie Ann Constante, Corey Alan Cunningham, Frederick Dominguez, LaTonya T. Edmeade, Josue David Gonzales, Anthony Logan Havel, David Garrett Johnson, Katie Marie Kenny, Charles Garner Lester, Jacob Austin Miller, Nawausi Nicole Mitchell, Reagan Dru Moore, Alba Marina Perez, Angela Nicole Shelton, Hayley Sherrill Thompson, Mary Katherine Waldie, Kelanie J. Watty, and Michal Noel Winston to the Youth Advisory Commission. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 10 of 11 Minutes of the Regular Session – August 25, 2005 Consider confirmation of the Mayor's appointments to the Parks and Recreation Board. The terms of Wayne Gray and Lynne Foley will expire on August 31, 2005. During the most recent term, Mr. Gray attended 29 of 29 meetings held since his last appointment. Ms. Foley attended 15 of the 20 meetings of the Board since her appointment to the unexpired tern of Douglas Shipley. Each has indicated a willingness to continue his/her service to the City. Council Member Sheley moved confirmation of the Mayor's appointments of Wayne Gray and Lynne Foley to the Parks and Recreation Board. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. City Manager's Report. City Manager Jackson announced the following schedule for meetings for tax rate and budget adoption: • Sept. 8, 6:30 p.m.— regular meeting — consider proposed tax rate • Sept. 15, 4:30 p.m.— special meeting —I" public hearing on tax rate • Sept. 19, 4:30 p.m.— special meeting -2 "d public hearing on tax rate /schedule and announce meeting to adopt tax rate • Sept. 27 -4:30 p.m.— special meeting —adopt budget, tax rate, and water and sewer rate adjustments. Council Member Murray said that he would be unable to attend the special meeting on September 27, 2005. Council Member Anderson said that he would be unable to attend the regular meeting on September 8, 2005. Council Member Murray reminded Council of the Envision Houston Region planning workshop to be conducted by Houston - Galveston Area Council on Saturday, September 24, 2005 at the Baytown Community Center from 9:00 a.m. to 1:00 p.m. He urged attendance by Council and citizens at this important event. Conduct the appeal of Conn's, Inc., of the decision, of the Planning & Zoning Commission denying the plat of Conn's. The witnesses for the hearing were sworn in. Larry Coker, Vice - President of C.A.I.L.P. dba Conn's Inc., informed Council that the site plan and the civil design presented to the Planning. & Zoning Commission were viable and consistent with City ordinances. He said the new store will provide 40 or 50 jobs to the community. Don Lotspeich, representing the general contractor of this project, stated that all Code requirements, specified by the City and by Harris County, concerning the approaches, have been met. Page 11 of 11 Minutes of the Regular Session — August 25, 2005 Gregory Stubbs, Planning Director, explained that all code requirements on this project have been met and that staff had recommended approval to the Planning & Zoning Commission. The hearing was closed. Consider affirming, modifying, or reversing the decision of the Planning & Zoning Commission denying the plat of Conn's. Council Member Murray moved to reverse the decision of the Planning & Zoning Commission. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Adjourn. Mayor Mundinger declared the meeting adjourned. There being no further business, the meeting adjourned at 7:35 p.m. City Clerk vV