Loading...
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