2005 10 13 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
October 13, 2005
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on October 13, 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
Scott Sheley
Calvin Mundinger
Gary M. Jackson
Kelvin Knauf
Bob Leiper
Ignacio Ramirez, Sr.
Council Member Renteria was absent.
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Assistant City Manager /Interim City Clerk
Deputy CityManager
City Attorney
The meeting was opened with a quorum present and Council Member Anderson led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Consider approval of minutes of the regular meeting held on September 27, 2005.
Council Member Mahan moved approval of the minutes of the regular meeting held on September
27, 2005. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Receive the Annual Report from the Parks and Recreation Advisory Board.
Ordinance No. 885 requires that the Parks and Recreation Advisory Board make an Annual Report
to the City Council. The Parks and Recreation Advisory Board approved the report at its September
7, 2005 meeting.
Wayne Gray, Chairman of the Parks and Recreation Advisory Board presented the 40' Annual
Report. He said that the past year had been excellent for the department and commended Parks and
Recreation Director Scott Johnson and his staff. He said with the support of City Council, the
board will continue to enhance the image of the City.
On behalf of the Cary Council, Mayor Mundinger thanked Mr. Gray and the Parks and Recreation
Advisory Board for their work to improve the quality of life in the City.
Page 2 of 10
Minutes of the Regular Session - October 13, 2005
Consider Proposed Ordinance No. 051013 -1, for Change Order No. 1 to the Ginger Creek
Drainage Improvements Project.
Proposed Ordinance No. 051013 -1 approves Change Order # 1 to the Ginger Creek Drainage
Improvements Project with D &W Contractor's, Inc to increase the contract amount by $43,430.
The original contract amount previously approved by Council action was $206,757. With Change
Order # 1, the contract amount will increase to $250,187. This change order is necessitated by a
major storm sewer failure approximately 65 linear feet upstream in the collection system. It is
prudent to have the work performed by the contractor that is already mobilized on -site and under
the current contract with the City rather than to wait. The additional work includes but is not
limited to replacing about 65 linear feet of corrugated metal pipe with new 54 -inch RCP pipe as well
as replacement of sidewalk and driveways. It also includes replacing a curb inlet along Old Oaks
Drive. This change order will be funded by 2002 and 2003 General Obligation Bonds.
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, and Sheley.
Mayor. Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,177'h
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUIHORIZING CHANGE ORDER NO. 1 WITH D &W CONTRACTORS, INC, FOR THE
GINGER CREEK DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT
BY THE= OF BAYTOWN, THE SUM OF FORTY-THREE THOUSAND FOUR
HUNDRED THIRTY AND N01100 DOLLARS ($43,430.00); MAKING OTTER
PROVISIONS RELATED THERETC}, AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 051013 -2, awarding a professional services contract for
final design services for the Northeast Wastewater Treatment Plant offsite collection system
to Pate Engineers, Inc.
The total amount of this contract will not exceed $782,695. The total amount for basic services is
$351,300. The bidding phase will not exceed $10,560. Reimbursables will not exceed $20,000.
Surveying will not exceed $12,800 and environmental will not exceed $11,660. Close monitoring of
the sewer line installations must take place. As such, services during construction will not exceed
$376,375. The project will not only provide for a wastewater conveyance system to divert
approximately one million gallons per day of flow from the Northeast sector of the East District
Waste Water Treatment Plant to the proposed North East Waste Water Treatment Plant
(NEWWIP) but also provide for future growth in the new NEWWTP service area by having
available gravity sewers. This project is funded by the Municipal Development District (600%) and
Utility Capital Improvement Fund (40%) through the 2005 TWDB bonds.
Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Page 3 of 10
Minutes of the Regular Session - October 13, 2005
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
ORDINANCE NO. 10,178
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUIE AND THE
INTERIM CITY CLERK TO ATTEST TO AN AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH PATE ENGINEERS, INC., FOR THE CONSTRUCTION
OF THE NORTHEAST WASTEWATER TREATMENT PLANT OFFSITE COLLECTION
SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT
NOT TO EXCEED SEVEN HUNDRED EIGHTY-TWO THOUSAND SIX HUNDRED
NINETY-FIVE AND N01100 DOLLARS ($782,695.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Mayor Mundinger recognized the Sterling High School students in attendance.
Consider Proposed Ordinance No. 051013 -3, authorizing an amendment to the Engineering
Services Agreement with Wayne Smith & Associates, Inc. for the Northeast District
Wastewater Treatment Plant Project
Proposed Ordinance No. 051013 -3 authorizes the second amendment to the eleventh amendment
to the Engineering Services Agreement by and between the City of Baytown and Wayne Smith &
Associates, Inc. (WSA) for the Northeast District Wastewater Treatment Plant Project. The original
amendment to the eleventh amendment included a professional service task for resident engineering
services in an amount not to exceed (NTE) $374,175. It is recommended that, in order to better
protect the interests of the City on such a vital project, a third party construction management (CM)
firm be procured that would represent the City directly. Therefore, the proposed amendment
repeals Paragraph A.105 "Task 5— Resident Engineering" contained in Exhibit "A" of the eleventh
amendment to the agreement. This task was funded out of 2004 MDD funds. These funds will
then be used to procure the third party CM firm The original contract with WSA was in the
amount of NM $1,590,374. In order to provide for additional on -site services by WSA during
construction, Task 4 of the contract, which is a design service during construction, is hereby
increased by $12,000 from $168,057 to $180,057. Therefore, this contract amendment will reduce
the contract by $362,175 from $1,590,374 to $1,228,199. This project is funded by the Municipal
Development District (60 %) and Utility Capital Improvement Fund (400/6) through the 2005 TWDB
bonds.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 4 of 10
Minutes of the Regular Session — October 13, 2005
ORDINANCE NO. 10,179
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE
INTERIM CITY CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE
ELEVENTH AMENDMENT OF THE ENGINEERING SERVICES AGREEMENT BY AND
BETWEEN THE QTY OF BAYTOWN AND WAYNE SMITH & ASSOCIATES, INC, FOR
THE NORTHEAST DISTRICT WASTEWATER TREATMENT PLANT, MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 051013 -4, authorizing a construction management
contract for the Northeast District Wastewater Treatment Plant Project.
Proposed Ordinance No. 051013 -4 authorizes a construction management contract with de
Oplossing, Inc. in an amount not to exceed $362,076. Basic services based on time and materials
will not exceed $343,200. Reimbursable expenses will not exceed $18,876. The original amendment
to the eleventh amendment of the Engineering Services Agreement by and between the City of
Baytown and Wayne Smith & Associates, Inc. included a professional service task for resident
engineering services in an amount not to exceed (NTE) $374,175. It is recommended that in order
to better protect the interests of the City on such a vital project, a third party construction
management (Cid!) firm is selected and procured that would represent the City directly. Therefore,
the A&E Selection Committee selected de Oplossing, Inc. to provide for third parry CM services.
This project is funded by the Municipal Development District (60 %) and Utility Capital
Improvement Fund (40 %) through the 2005 TWDB bonds.
Council Member Murray moved adoption of the proposed ordinance. Council Member Capetillo
seconded the motion. Tice vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,180
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE
INTERIM CITY CLERK TO ATTEST TO THE PROFESSIONAL SERVICES AGREEMENT
WITH DE OPLOSSING, INC., FOR PRE - CONSTRUCTION SERVICES AND
CONSTRUCTION MANAGEMENT SERVICES FOR THE NORTHEAST WASTEWATER
TREATMENT PLANT; AUTHORIZING ADDITIONAL FUNDS IN AN AMOUNT NOT TO
EXCEED THREE HUNDRED SIXTY-TWO THOUSAND SEVENTY-SIX AND NO /100
DOLLARS ($362,076.00); MAKING OTHER PROVISIONS RELATED THERETO, AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 5 of 10
Minutes of the Regular Session - October 13, 2005
Consider Proposed Ordinance No. 051013 -5, to award a construction contract for the Jenkins
Park Asphalt Overlay Project to Mullen Asphalt Paving Co., Inc.
Proposed Ordinance No. 051013 -5 awards a construction contract in the amount of $74,719.90 to
Mullen Asphalt Paving Co., Inc. for the Jenkins Park Overlay Project. The scope of work for this
project includes, but is not limited to, the milling of the existing asphalt paving surface of the
Jenkins Park Pavilion parking lot and repairing areas that contain base failures. Resurfacing the area
will then take place by laying down a 1 -1h" thick asphalt surface course. Minor drainage
improvements will also be made to ensure that the parking lot drains appropriately. In addition,
storm water pollution prevention as well as striping items are also included. The base bid, which
includes eight inches of crushed limestone for the base failures, is $72,436.90. Alternate bid item
number one, which includes striping items, is $2,283 and brings the total contract amount to
$74,719.90. The estimated construction duration for the project is 30 calendar days. This project
will be funded by 1992 GO Bonds, 1997 00 Bonds, 2000 CD Bonds, and the Capital Replacement
Fund.
Council Member Capetillo moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
ORDINANCE NO. 10,181
AN ORDINANCE OF THE QTY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND INTERIM CITY CLERK
TO EXECUTE AND ATTEST TO A CONTRACT WITH MULLEN ASPHALT PAVING
CO., INC FOR THE JENKINS PARK OVERLAY PROJECT; AUTHORIZING PAYMENT
OF THE SUM OF SEVENTY-FOUR THOUSAND SEVEN HUNDRED NINETEEN AND
90/100 DOLLARS ($74,719.90); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 051013 -6, to award a construction contract to PM
Construction & Rehab, L.P. for the West Baytown Phase I Sanitary Sewer Rehabilitation
Project.
The scope of work includes the rehabilitation of approximately 25,000 linear feet of pipe- bursting,
656 feet of open cut, and abandonment of 261 linear feet of eight -inch sanitary sewer lines in the
West Baytown service area. The total amount bid for construction of this project is $1,132,888.06.
The construction duration for this project is estimated to be 120 calendar days and will be funded by
the Utility Capital Improvement Fund using TWDB Bonds.
Council Member Capetillo moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Page 6 of 10
Minutes of the Regular Session - October 13, 2005
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,182
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND INTERIM CITY CLERK
TO EXECUIE AND ATTEST TO A CONTRACT WITH PM OONSTRUCTION & REHAB,
L.P., FOR THE WEST BAYTOWN PHASE I SANITARY SEWER REHABILITATION
PROJECT, AUTHORIZING PAYMENT OF THE SUM OF ONE MILLION ONE
HUNDRED THIRTY TWO THOUSAND EIGHT HUNDRED EIGHTY-EIGHT AND
06/100 DOLLARS ($1,132,888.06); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consent Agenda
a. Consider Proposed Resolution No. 051013 -1 canceling the Council meetings
scheduled for the fourth Thursday of November and the fourth Thursday of
December, 2005, and calling a special Council meeting on Tuesday, November 22,
2005. This scheduling avoids conflicts with the Thanksgiving and Christmas
holidays.
b. Consider Proposed Ordinance No. 051013 -7, authorizing the purchase of one 2006
Chevrolet ambulance for the EMS department from Knapp Chevrolet through H
GAC in the amount of $123,950.00 including H GAC fee of $1,000.00. This
purchase is funded through the Capital Replacement Fund as specified in the 2005 -
2006 General Fund budget.
C. Consider Proposed Ordinance No. 051013 -8, awarding the renewal of the annual
animal responsibility agreement to Houston Humane Society in the amount of
$27,600.00. The City currently pays $12.00 per animal for care, adoption and/or
disposal. The annual agreement has successive renewal periods. The Houston
Humane society has submitted written confirmation for renewal of the existing
animal responsibility agreement.
d. Consider Proposed Ordinance No. 051013 -9 authorizing a professional services
agreement for the Houston High Intensity Drug Trafficking Area Program with
Stanley E. Furce, Individually and d/b /a Research International. Since September
1995, the City has administered federal funds designated for the operation of the
Houston High Intensity Drug Trafficking Area ( FIIDTA ") Major Offender Project.
This agreement is similar to that which was entered into last year and is contingent
upon funding by grant/award made available through the Office of the National
Drug Control Policy ( "ONDCP "). The agreement obligates the contractor to
provide professional services as directed by HIDTA Executive Committee and
ONDCP. No City funds will be used.
Page 7 of 10
Minutes of the Regular Session - October 13, 2005
e. Consider Proposed Ordinance No. 051013 -10 authorizing an Industrial District
Agreement with CenterPoint Energy Houston Electric, LLC for a seven -year period.
The first payment pursuant to this agreement will be for the tax year 2005, as its
prior agreement with the City expired on August 24, 2005. Because the 2002 values
are more than the 2005 values, the 2002 values shall serve as the base under the
agreement. 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, 2003, in the City's industrial districts.
Council Member Sheley moved adoption of the consent agenda, items a through e. Council
Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
RESOLUTION NO. 1749
A RESOLUTION OF THE QTY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
CALLING A SPECIAL C)DUNCIL MEETING TO BE HELD ON TUESDAY, NOVEMBER
221 2005, AT 6:30 P.NL, IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN,
TEXAS; CANCELLING ITS REGULARLY SCHEDULED CITY COUNCIL MEETING TO
BE HELD ON THURSDAY, NOVEMBER 24, 2005, AT 6:30 P.M., AND ON THURSDAY,
DECEMBER 22, 2005 AT 6:30 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL,
BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,183
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY-THREE THOUSAND
NINE HUNDRED FIFTY AND N01100 DOLLARS ($123,950.00) TO
HOUSTOT�GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2006
CHEVROLET AMBULANCE FOR THE EMERGENCY MEDICAL SERVICES DIVISION;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,184
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF HOUSTON HUMANE SOCIETY FOR THE ANNUAL
ANIMAL RESPONSIBILITY AGREEMENT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF TWENTY-SEVEN THOUSAND SIX HUNDRED AMID
NO/ 100 DOLLARS ($27,600.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 8 of 10
Minutes of the Regular Session - October 13, 2005
ORDINANCE NO. 10,185
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH STANLEY E. FURCE,
INDIVIDUALLY AND D /B /A RESEARCH INTERNATIONAL; AUTHORIZING
PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,186
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 CENTERPOINT ENERGY HOUSTON
ELECTRIC, LLP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider appointments to Baytown Housing Finance Corporation.
This item was not ready for consideration.
Consider appointments to the Construction Board of Adjustments and Appeals.
This board hears appeals from the decisions of the building official and appeals from the decisions
of the health official relating to the smoking ordinance. The term of Jim Starrett (General
Contractor) expired in May of 2003. The position has been vacant since that time.
Council Member Sheley moved appointment of Chris Presley to the Construction Board of
Adjustments and Appeals. Council Member Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider appointments to the Baytown Beautification Advisory Commission.
Council Member Anderson moved appointment of Nlike Wilson to the Baytown Beautification
Advisory Commission for a one -year tern. Council Member Sheley seconded the motion. The vote
follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
Page 9 of 10
Minutes of the Regular Session — October 13, 2005
Council Member Murray moved appointment of Lupe Alfaro to the Baytown Beautification
Advisory Commission for a one -year term. Council Member Capetillo seconded the motion. The
vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Continue from the September 19, 2005 meeting the appeal of A&K Investments I, Inc., of
the decision, of the Urban Rehabilitation Standards Review Board, ordering the demolition
of the buildings at Taft Circle Apartments
Bob Lowman, the attorney for A&K Investments, informed Council that he had met with Assistant
Cary Attorney Danny Jackson regarding this issue. He said that an agreement, satisfactory to all
parties, had nearly been achieved.
Assistant City Attorney Jackson explained that he was confident that the agreement would soon be
ready to be presented to the ad hoc committee comprised of Mayor Pro Tern Anderson and Council
Members Mahan and Capetillo for their consideration.
Dr. Nanik Bhagia stated that Cornerstone /Woodbridge Properties LLC is in agreement with the
direction the negotiations are proceeding.
Dennis Heyen signed to address Council but waived the opportunity to speak when called upon by
the Mayor.
After further brief discussion, Council Member Anderson moved that this and the following two
items be tabled to the regular Council meeting on November 10, 2005. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Murray, and Sheley.
Mayor Mundinger.
Nays: Council Member Mahan.
The motion carved.
Consider affirming, modifying, or reversing the decision of the Urban Rehabilitation
Standards Review Board ordering the demolition of the buildings at Taft Circle Apartments.
(Cornerstone /Woodbridge Properties LLC)
This item was tabled to the regular Council meeting on November 10, 2005.
Page 10 of 10
Minutes of the Regular Session — October 13, 2005
Consider affirming, modifying, or reversing the decision of the Urban Rehabilitation
Standards Review Board ordering the demolition of the buildings at Taft Circle Apartments.
(A&K Investments I, Inc.)
This item was tabled to the regular Council meeting on November 10, 2005.
City Manager's Report.
GtyManager Jackson made no report.
Mayor Mundinger recognized the Boy Scouts and their leader present at the meeting.
Adjourn.
Council Member Murray moved that the meeting adjourn. Council Member Sheley seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
There being no further business, the meeting adjou