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2005 11 10 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 10, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on November 10, 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. Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager /Interim City Clerk Deputy City Manager City Attorney The meeting was opened with a quorum present and Council Member Renteria 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 special session held on October 25, 2005. Council Member Mahan moved approval of the minutes of the work session and special session held on October 25, 2005. 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. Conduct the first public hearing on the proposed annexation of a 0.0295 acre (1,285 square feet) of land out of Lot 2 of the Minor Plat of Scottish Inns and Suites as recorded in Film Code No. 519052 of the Harris County Map Records, located in the Ed Schaffer Survey, Abstract No. 1224, and the T. T. Ristergen Survey, Abstract No. 1425, Harris County, Texas, located directly behind the proposed Discount Tire Store on Garth Road. Texas Local Government Cade, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was posted on the City's website on October 24, 2005 and published in The Baytarw Sun on October 28, 2005, not more than twenty, nor less than ten days prior to today's date. The property is intended as part of parking and landscaping for the proposed Discount Tire Store. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. Council approved the petition for annexation on October 25, 2005. Page 2 of 18 Minutes of the Regular Session - November 10, 2005 The public hearing was called to order at 6:37 p.m. No one appeared to speak at the public hearing. The public hearing closed at 6:38 p.m. Conduct the second public hearing on the proposed annexation of a 0.0295 acre (1,285) square feet of land out of Lot 2 of the Minor Plat of Scottish Inns and Suites as recorded in Film Code No. 519052 of the Harris County Map Records, located in the Ed Schaffer Survey, Abstract No. 1224, and the T. T. Ristergen Survey, Abstract No. 1425, Harris County, Texas, located directly behind the proposed Discount Tire Store on Garth Road. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the public hearings. Notice of the public hearing was posted on the City's website on October 24, 2005 and published in The Bu}toun Sun on October 28, 2005, not more than twenty, nor less than ten days prior to today's date. The property is intended as part of parking and landscaping for the proposed Discount Tire Store. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. Council approved the petition for annexation on October 25, 2005. The public hearing was called to order at 6:38 p.m. No one appeared to speak at the public hearing. The public hearing closed at 6:39 p.m. Consider Proposed Ordinance No. 051110 -1 approving final payment, releasing retainage to Morgand Texas, Inc., and accepting the Wayne Gray Sports Complex Project Proposed Ordinance No. 051110 -1 approves final payment for Change Order No. 4, releasing retainage, and accepting the Wayne Gray Sports Complex Project. The total amount Council is asked to approve for Change Order No. 4 and the remaining retainage is $143,421.35. Council approved the original contract to Morganti Texas, Inc. for the Wayne Gray Sports Complex on June 10, 2004 for $2,143,000. At that time expansion of the project scope was anticipated for the following MDD budget year. Change order No. 1 for $418,000 was approved on September 2, 2004 to be effective October 1, 2004 to add the bid alternate No. 1 (pavilion shelter) and bid alternate No. 3 (additional parking). The remaining change orders were approved as follows: • Change Order No. 2 - October 22, 2004 for additional utility, irrigation, electrical and paving: $61,831.91 • Change Order No. 3 - March 4, 2005 for conversion of the contract to a lump sum contract and adjusting quantities: $17,026.99 • Change Order No. 4 -June 3, 2005 for additional paving and drainage: $11,428.41. These change orders represent a 23.72% increase in the original project award amount. Excluding the expanded scope represented in Change Order No. 1, the project cost has increased $90,287 or 3.5 %. Page 3 of 18 Minutes of the Regular Session - November 10, 2005 City staff is currently working with the architect to settle disputes over possible errors and omissions, which resulted in some of the aforementioned change orders. However, this was no fault of the contractor. Therefore, we recommend that Council approve and release final payment to the contractor in order for them to pay the sub - contractors. The original contract duration was 300 calendar days and the limited notice to proceed was issued on July 21, 2004. The Certificate of Substantial Completion was established as being on October 7, 2005 for a total duration of 443 calendar days. The extended schedule was dictated by Change Order No. 1, which added bid alternate item No.1 for the pavilion and additional paving. The contractor then had to wait on the vendor for the materials in order to build the new pavilion. The contractor's workmanship on the entire project was above satisfactory. This project was funded by 2002 - 2005 MDD Sales Tax, Hotel/Motel Occupancy Tax, and General Fund CIPF. Council Member Renteria 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. Mayer Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,196 AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, ACCEPTING THE WAYNE GRAY SPORTS COMPLEX PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED FORTY-THREE THOUSAND FOUR HUNDRED TWENTY-ONE AND 35/100 DOLLARS ($143,421.35) TO MORGANT1 TEXAS, INC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 051110 -2 awarding a construction contract for the Roseland & Woodlawn Sanitary Sewer Rehabilitation Project Proposed Ordinance No. 051110 -2 awards a construction contract in the amount of $1,521,350 to Troy Construction, L.L.P. for the Roseland & Woodlawn Sanitary Sewer Rehabilitation Project. The scope of work includes sewer rehabilitation of approximately 33,350 linear feet or 6.3 miles of pipe bursting for the installation of new 8, 10, 12, and 18 -inch diameter HDPE pipe. It is estimated that this project will also include removing approximately 10,550 linear feet of existing slip liners prior to the pipe bursting operations. The total estimated construction cost for this project was $1,800,000. This project was designed in -house by the Engineering Department. This project will be funded from 1998 Certificates of Obligation and the construction duration is 120 calendar days. Council Member Mahan moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. 'Me vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor. Mundinger. Nays: None. The motion carried. Page 4 of 18 Minutes of the Regular Session - November 10, 2005 ORDINANCE NO. 10,197 AN ORDINANCE OF THE QTY ODUNQL OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE QTY MANAGER AND INTERIM QTY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH TROY CONSTRUCTION, L.L.P., FOR THE ROSELAND AND WOODLAWN SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE MILLION FIVE HUNDRED TWENTY- ONE THOUSAND THREE HUNDRED FORTY AND N01100 DOLLARS ($1,521,340.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 051110 -3, authorizing a consulting services agreement for the preparation of the City of Baytown's downtown market study: Area 1. Proposed Ordinance No. 051110 -3, authorizes the City Manager to negotiate and execute a consulting services agreement with Hunter Interests Inc. On August 30, 2005, staff received proposal statements from two consulting firms interested in planning services to prepare the City's Downtown Market Study - Area One. A staff committee was formed on October 19, 2005 to evaluate and recommend a firm for selection. Hunter Interests was selected by the committee to complete this project. Hunter Interests offered added value to the project based upon their expertise in the field of downtown redevelopment and revitalization. Hunter Interests projected cost of $35,000 is within the City of Baytown's budgeted amount for this project. Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayer Mundinger. Nays: None. The motion carved. ORDINANCE NO. 10,198 AN ORDINANCE OF THE QTY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONSULTING SERVICES AGREEMENT WITH HUNTER INTERESTS, INC:, FOR THE PREPARATION OF THE QTY OF BAYTOWN'S DOWNTOWN MARKET STUDY: AREA 1; AUTHORIZING PAYMENT IN THE AMOUNT OF THIRTY FIVE THOUSAND AND N01100 DOLLARS ($35,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 051110 -4, for a " No Parking, Tow Away Zone" created 50 feet back from the intersection of Hugh Echols Blvd. @ Baker Rd. on the West side of Hugh Echols Blvd extending 475 feet. Proposed Ordinance No. 051110 -4, creates a "No Parking, Tow away Zone" on the west side of Hugh Echols Blvd in accordance with the provisions of Section 94-61. Page 5 of 18 Minutes of the Regular Session - November 10, 2005 Parking along both sides of Hugh Echols Blvd was interfering with two -way traffic due to the narrow width of the roadway and presented sight distance problems for patrons of the Harris County Courthouse and commercial delivery for the U.S. Post Office. A 90 -day, temporary no-parking zone was established by the Ciry Manager to determine the impact and effectiveness of the change. In order to consider making the change permanent, the Planning and Zoning Commission met on October 19, 2005 and approved a "No Parking, Tow away Zone" on the west side of Hugh Echols Blvd. The Harris County Justice of the Peace had requested no parking on either side of the street. That office, along with GCQSD and the Post Office were informed of the P&Z meeting to provide their input. Only GCQSD attended the meeting and offered no objections to staff's recommendations. These parties have also been notified of Council's consideration of this issue. There was discussion regarding the narrowness of Hugh Echols Blvd. and the effect on traffic movement when vehicles park on both sides of the street, especially school buses. It was noted that the local annex of Harris County has requested approval and perhaps signage from the main office in Houston to allow GCQSD buses to park in the far parking lot behind its facility during school functions. The answer to that request remains pending. It was the consensus of Council that there should no parking on either side of the street, that parking for patrons of the GCQSD Greens Center should be as close to that building as possible, and that this item should be considered by Council only after the answer from Harris County to the request for parking of GCQSD school buses is received. Council Member Sheley moved to table the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider Proposed Ordinance No. 051110 -5 authorizing a one -time lump sum emergency operations assignment pay for certain employees for services to be rendered. The 2005 Hurricane Season has been fraught with storms, which have caused widespread and severe damage, injury, and loss of life and property and severe economic and social disruption due to high winds and tidal surges and other public calamity. Since the 2005 Hurricane Season does not end until November 30, 2005, it is imperative that the City remain prepared throughout the remainder of the season to save lives, prevent injuries, and protect properly, public health, the environment, and public safety to lessen or avert the threat of disaster. In recognition of the sacrifice that will be required to be made by the City's personnel should the City of Baytown face the imminent threat of severe weather in the future during this hurricane season, the City Council desires to establish an emergency operations assignment pay for certain essential personnel. Such personnel shall be required to perform specialized functions should the Emergency Operations Center be activated this hurricane season and shall be comprised of emergency services employees and other employees who provided for the safety and well -being of the general public and who were necessary for the restoration of vital services of the City during Hurricane Rita on September 22 through noon September 24, 2005. Therefore, for future services, this proposed ordinance authorizes a one -time lump sum payment as follows: Page 6 of 18 Minutes of the Regular Session - November 10, 2005 • assignment pay in the amount of $125.00 for employees who performed services for and on behalf of the City on September 22, 2005, and • additional assignment payment in the amount of $250.00 for employees who performed services for and on behalf of the City on September 23, 2005 through noon on September 24, 2005. This assignment pay is not and shall not be construed as extra compensation, pay or an allowance for services previously rendered. Rather, the pay is for the assignment of certain essential personnel to the emergency operations center for the remainder of the 2005 hurricane season. This payment shall be made on December 5, 2005. Council Member Anderson 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. 10,199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A ONE -TIME LUMP SUM EMERGENCY OPERATIONS ASSIGNMENT PAY FOR CERTAIN EMPLOYEES; MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECITVE DATE THEREOF. Consider Proposed Ordinance No. 051110 -6 for Change Order No. 5 to the Emergency Operations Center and Policy Academy Construction Project with Frost Constructors, Inc. This change order will increase the contract amount by $2,379. The original contract amount with Frost Constructors, Inc. was $2,711,266.35 and Change Order No. 1 increased it to $2,767,349.95. Change Order No. 2 increased the contract amount to $2,825,214.95, Change Order No. 3 increased it to $2,849,885.95, and Change Order No. 4 increased it to $2,854,148.95. Change Order No. 5 will increase the contract amount to $2,856,527.95. This change order includes the installation of a room unit condenser air intake and exhaust duct in the Police Academy. It also entails the cutting of holes in the exterior walls above the soffit for fresh air returns at the Police Academy. This change order and all above referenced items are related to the Police Academy. Please note that some of the items requiring the additional work result from errors and omissions on the plans and specifications prepared by the consultant, which the consultant disputes. This change was not considered by the consultant and has to be added as part of the work As such, the City will seek to resolve the issues with the consultant and, if necessary, will proceed by filing a claim against the consultant's professional liability insurance policy. To avoid costly delays and keep the project moving forward however, it is suggested that the City fund this change order until such time that the matter is resolved. Council Member Sheley moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Page 7 of 18 Minutes of the Regular Session — November 10, 2005 Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carved. ORDINANCE NO. 10,200 AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 5 WITH FROST CONSTRUCTORS, INC, FOR THE EMERGENCY OPERATIONS CENTER AND POLICE ACADEMY CONSTRUCTION PROJECT, AUTHORIZING PAYMENT BY THE QTY OF BAYTOWN, THE SUM OF TWO THOUSAND THREE HUNDRED SEVENTY-NINE AND N01100 DOLLARS ($2,379.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECIIVE DATE THEREOF. Consider Proposed Ordinance No. 051110 -7, calling for the closing of the railroad crossings located on Carnegie Street and on W. Pearce Avenue. The Union Pacific Railroad Company, the Texas Department of Transportation, and the City of Baytown have joined together to consolidate redundant and unnecessary street/railroad crossings. Each grade crossing represents elevated risk as an additional opportunity for a collision between a train and a vehicle or pedestrian. The City staff met with public safety officials, the Goose Creek Independent School District, and Lee College to determine if there were any of the redundant grade crossings that could be closed to improve safety while not posing operational or public safety obstacles. Of the various possible locations that were discussed, two were identified as candidates for closure: Carnegie Street and W. Pearce Avenue. Each of these crossings is located adjacent to another crossing and has low traffic counts. It is anticipated that redirecting traffic to an adjacent crossing will not significantly impact traffic patters in the area. Council discussed these closures during a work session on September 8, 2005. Questions regarding roadway improvements near the Carnegie closure have been discussed with Council Member Sheley. Questions regarding the inactive tracks on Oakwood are ongoing with Council Member Renteria. The Union Pacific Railroad will provide $7,500 in funds for each of these two intersections to defray the costs of roadway changes. The Texas Department of Transportation will reimburse up to $7,500 per intersection for eligible safety improvements, including signage and barricades. Council Member Murray 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. N Page 8 of 18 Minutes of the Regular Session - November 10, 2005 ORDINANCE NO. 10,201 AN ORDINANCE OF THE CITY GOUNCIL OF THE QTY OF BAYTOWN, TEXAS, CALLING FOR THE CLOSING OF THE RAILROAD CROSSINGS LOCATED ON CARNEGIE STREET AND ON W. PEARC E AVENUE IN THE QTY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 051110 -8 granting a variance to Saab Petroleum Corporation to allow the issuance of an alcoholic beverage permit for a convenience store for the off - premise consumption of wine & beer to be located at the corner of West Baker Road and North Main Street. Saab Petroleum is proposing to build a convenience store at the comer of West Baker Road and north Main Street which is within 300 feet of a day care and another convenience store that sells wine and beer. The following person registered to address Council on this item Byron LaGrappe, 308 W. Polk. Houston, Texas Mr. LaGrappe described the scope of the project, which includes a convenience store, a lease- space, and a car wash. He indicated that a daycare center, which had opened eight months earlier and a Diamond Shamrock service station, which had been there for some time, are located nearby. Mr. LaGrappe said the City's Cade of Ordinances dictates that the proposed building site must be at least 300 feet from a church, school, or a daycare center, and that distance is measured from property line to property line. Using that measurement, the proposed building site is only 158 feet from the property line of the daycare center. He explained that the distance from door to door is approximately 400 feet. He said the variance is necessary in order for the convenience store to sell wine and beer, as does the service station. James Elmore, 308 W. Polk, Houston, Texas, signed to address Council, but declined to speak when given the opportunity. Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria 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. 10,202 AN ORDINANCE OF THE CITY GOUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO SECTION 6-2 OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO SAAB PETROLEUM CORPORATION TO ALLOW THE ISSUANCE OF WINE AND BEER RETAIL OFF - PREMISE PERMIT FOR A PROPOSED CONVENIENCE STORE TO BE LOCATED AT THE CORNER OF W. BAKER ROAD AND N. MAIN STREET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 18 Minutes of the Regular Session - November 10, 2005 Consent Agenda a. Proposed Ordinance No. 051110 -9, awards the purchase of one forklift from Southwest Materials Handling Company through the Texas Local Government Purchasing Cooperative (Buyboard) in the amount of $26,328.00. This vehicle is for garage operations and replaces a 1966 Towmotor forklift. b. Proposed Ordinance No. 051110 -10, awards the purchase of a one -ton Dodge Ram with service body from Columbus Country Dodge through the Texas Local Government Purchasing Cooperative (Buyboard) in the amount of $28,950.00. This vehicle replaces Unit 19640, 1996 Ford F -150, Vehicle Identification Number 1FTEF15N4TLB22C4C, with 129,489 miles in the traffic control division. C. Proposed Ordinance No. 051110 -11, awards the purchase of twelve (12) police vehicles from Philpott Motors, Ltd., in the amount of $238,348.32 through H GAC. H GAC fee of $600.00 is included. Each 2006 Ford Police Interceptor is $19,812.36. All vehicles are replacements. Replaces Unit # Year /Model Description Mileage Vehicle Identification Number 0149 2001 Ford Crown Victoria 92438 2FAFP71WI IX116849 0152 2001 Ford Crown Victoria 88558 2FAFP71W11X116852 0159 2001 Ford Crown Victoria 96478 2FAFP71W41X116859 0163 2001 Ford Crown Victoria 93000 2FAFP71W61X116863 0164 2001 Ford Crown Victoria 103138 2FAFP71W81X116864 0165 2001 Ford Gown Victoria 104818 2FAFP71WMX116865 0167 2001 Ford Gown Victoria 103001 2FAFP71W31X116867 0057 2000 Ford Gown Victoria 92381 2FAFP71W8YX111657 9963 1999 Ford Gown Victoria 93456 2FAFP7IWXXX108063 9960 1999 Ford Gown Victoria 96335 2FAFP71W4XX108060 9765 1997 Ford Gown Victoria 94400 2FALP71W4VX136165 9761 1997 Ford Gown Victoria 93388 2FALP71W7VX136161 d. Proposed Ordinance No. 051110 -12 authorizes an interlocal agreement with the Baytown Municipal Development District ( "MDD ") for the Baytown Nature Center, Roseland Park and Central Little League Park Paving, Project (the "Project "). Pursuant to the agreement, the MDD will provide funding for the Project in an amount not to exceed $270,000. The Project will include a parking lot at Central Little League Park that will be located off of Memorial Drive and a parking lot near the softball/baseball practice backstop at Roseland Park. The parking lots are budgeted at $41,000 each. The third portion of the Project will be added to the annual mill and overlay contract that will provide asphalt overlay and needed base repairs of 1,262 feet of Brownwood Drive. The Project limits will be from the end of the new entryway road to Schreck Drive. The section of Brownwood Drive was List overlaid in the 1960s and is along the only entrance and exit of the Baytown Nature Center. The terms of the contract are the same as other interlocal agreements with the MDD. e. Proposed Ordinance No. 051110 -13 authorizes the payment of the water quality assessment fees to the Texas Commission on Environmental Quality (TCEQ). These fees fund a state program to assess the quality of the river basins of the state. This is being done in compliance with the Federal Clean Water Act. TCEQ is required to recover the reasonable cost of the assessment program from wastewater permit holders and water rights holders. Page 10 of 18 Minutes of the Regular Session — November 10, 2005 The Wastewater Treatment Fee, assessed annually each October 31 in accordance with 30 TAC, Chapter 305, Subchapter M, is imposed on each permitee holding a permit under the Texas Water Code, Chapter 26. All fees shall be deposited in a fund for the purpose of supplementing other funds appropriated by the legislature to pay the expenses of the Commission to administer water quality programs, consistent with the provisions of the Texas Water Code Chapter 26, the rules and orders of the Commission, and the provisions of the Commission permits governing waste discharge and water treatment facilities. Point calculations are based on the daily average flow limits and permitted parameters specific in the permits. The combined fees for Water Quality Assessment and Wastewater Treatment for this year are $94,475.00. f. Proposed Ordinance No. 051110 -14 authorizes an interlocal agreement with the Baytown Municipal Development District (the "MDD ") regarding funding for engineering services related to a feasibility study for sewer services along North Main from Cedar Bayou Lynchburg to Wallisville Rd. The limits of the study shall include, but not be limited to, the following: • an evaluation of potential alignments for future and/or pumped sewer collection facilities based on available resources furnished by the City, and • a review of the comprehensive Water and Sewer Plan along with the plans for the new Northeast Wastewater Treatment Plant and off -site collection system The engineering firm, in completing the study, shall consider Goose Creek Consolidated Independent School District's interest in building a new high school at the northwest corner of Wallisville and North Main. The study will be compiled into a report, which will offer alternatives for sanitary sewer collection facilities necessary to provide services in areas where there is a potential for future growth and development. The terms of the contract are the same as other interlocal agreements with the city. The MDD approved the interlocal agreement at its meeting on November 3, 2005, and has authorized funding in an amount not to exceed $15,000.00.' g. Proposed Ordinance No. 051110 -15 authorizes an amendment to the agreement for the remote access of birth records. The program allows individuals born anywhere in the State of Texas to obtain a birth certificate from the City of Baytown. The City is able to link directly to the State Registrar's birth master file. The City originally started this program with the Texas Department of Health in 1998. Generally, the proposed amendment: • Granges the name of the state agency responsible for the birth records from the Texas Department of Health to the Department of State Health Services; • sets a fixed term which ends on August 31, 2006; • revises the search fee to reflect the same fee that is authorized to be charged by state law; and • provides that if an account is not used for 90 days, the account will be inactivated. h. Proposed Resolution No. 051110 -1 casting the City of Baytown's ballot for the election of a representative to the Board of Directors of the Harris County Appraisal District. The City of Baytown, along with other cities in Harris County, except Houston, nominates a representative for the HCAD Board of Directors and each entity then must cast its ballot for the nominee of its choice. Baytown nominated Bill Harry at the regular meeting on September 27, 2005, to serve as representative. Mr. Harry and Laurence W. Tobin are the two nominees for the representative of the cities other than Houston. The proposed resolution casts Baytown's ballot for Bill Harry's election. Page 11 of 18 Minutes of the Regular Session - November 10, 2005 Council Member Sheley moved adoption of the consent agenda, items a through h. Council Member Mahan 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. 10,203 AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY-SIX THOUSAND THREE HUNDRED TWENTY-EIGHT AND N01100 DOLLARS ($26,328.00) TO SOUTHWEST MATERIALS HANDLING COMPANY FOR THE PURCHASE OF ONE (1) FORKLIFT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY-EIGHT THOUSAND NINE HUNDRED FIFTY AND NO/ 100 DOLLARS ($28,950.00) TO COLUMBUS COUNTY DODGE FOR THE PURCHASE OF A ONE -TON DODGE RAM TRUCK WITH SERVICE BODY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED THIRTY-EIGHT THOUSAND THREE HUNDRED FORTY-EIGHT AND 32/100 DOLLARS ($238,348.32) TO HOUSTOIWGALVESTON AREA COUNCIL FOR THE PURCHASE OF TWELVE (12) POLICE VEHICLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,206 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 AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE BAYTOWN NATURE CENTER, ROSELAND PARK AND CENTRAL LITTLE LEAGUE PARK PAVING PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 18 Minutes of the Regular Session - November 10, 2005 ORDINANCE NO. 10,207 AN ORDINANCE OF THE QTY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY FOUR THOUSAND FOUR HUNDRED SEVENTY -FIVE AND NO/ 100 DOLLARS ($94,475.00) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AS THE COST FOR THE ANNUAL WASTE TREATMENT FEES AND THE ANNUAL WATER QUALITY ASSESSMENT FEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,208 AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE INTERIM QTY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AND THE CITY OF BAYTOWN TO PROVIDE FUNDING FOR A FEASIBILITY STUDY FOR SEWER SERVICES ALONG THE IH 10 CORRIDOR BY NORTH MAIN STREET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,209 AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO AMENDMENT NO.1 TO THE AGREEMENT WITH THE STATE FOR THE REMOTE ACCESS OF BIRTH RECORDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1754 A RESOLUTION OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider an appeal of the decision of the Construction Board of Adjustments and Appeals concerning construction of E1 Toro's restaurant located at 5810 Garth Road. The following person registered to address Council on this item Julie DeTorre, 5012 Glen Haven Ms. DeTorre stated that the American Cancer Society opposes the El Toro request for an exemption to the ordinance because it would expose more people to secondhand smoke, a Class -A carcinogen. She said that Council should let the public health concerns prevail over one restaurant's aesthetic concerns. She contended that granting the waiver would set a bad precedent. Mayor Mundinger called the hearing to order. Witnesses for the hearing were sworn in. John Mayes testified that, in order to request a building permit, plans for the restaurant had been submitted to the City in 2003. T'he permit was issued at that time. Six months later, notification was received that the permit was due to expire. Mr. Mayes informed Council that Roland Ibarra, owner of the proposed restaurant, completed the necessary paperwork in order to continue the permit. Page 13 of 18 Minutes of the Regular Session - November 10, 2005 Mr. Mayes testified that financing for the project had taken longer than expected and was not approved until earlier this year. When the financing had been obtained, Mr. Ibarra returned to the City to get the permit, but was told it had expired. No notification had been received as had been in 2003. Mr. Mayes further testified that, in good faith, the identical plans had been resubmitted as had been originally submitted, with no doors separating the smoking from the non - smoking sections in the restaurant. A letter was then received from the City with notification that, in order to build the restaurant, the plans must comply with the Code of Ordinances and that doors on all entryways into the smoking area, including non -public areas, must be constructed. Mr. Mayes further testified that a variance had been requested and was denied. Mr. Mayes testified that the original plans were drawn with no doors and were approved and that the same permit number issued in 2003 was reissued to Mr. Ybarra. Mr. Mayes testified that there are other restaurants in the City that do not comply with the ordinance and the one restaurant which has complied does not have a continuous barrier because the doors remain open constantly. Mr. Mayes testified that City employees instructed him to build the doors in order to comply with the ordinance, but they were indifferent as to whether the doors were ever closed. Mr. Mayes testified that the restaurant's owners are concerned with public health, but wish to construct the restaurant as originally designed. Mr. Mayes testified that equipment to deal with cigarette smoke is part of the restaurant's plans. Tony Gray, Environmental Health Coordinator for the City, testified that the Construction Board of Adjustments and Appeals had denied the variance request on August 31, 2005. Mr. Gray testified that Section 18 -60 of the ordinance sets five conditions which must exist before a variance may be granted: • Special conditions and circumstances exist which are peculiar to the building, structure, or service system involved and which are not applicable to others; • Special conditions and circumstances do not result from the action or inaction of the applicant; • Granting the variance requested will not confer on the applicant any special privilege that is denied by this Cade to other buildings, structures, or service systems; • The variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and, • The granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare. Mr. Gray testified that the variance request was denied because it did not meet any of the above referenced conditions. He further testified that "physical barrier," is defined in the Code of Ordinances as follows: "Physical barrier means a barrier that will form an effective membrane continuous, exclusive of doorways, from outside wall to outside wall, from a smoke barrier to a smoke barrier, from floor to floor or ceiling above, or a combination thereof." Mr. Gray testified that a doorway without a door is not an actual doorway, but rather, an opening, a passageway, or an entryway. In response to a question, Mr. Gray testified that a doorway with doors opened is an open doorway that could be a continuous barrier. Mr. Gray testified and presented evidence and diagrams of the restaurant floor plans that were submitted and the layout of the facility. He testified that the plans submitted in 2003 had indicated doors in the event of a future requirement for doors to be installed. Mayor Mundinger questioned whether the doors had been added to the plans at the request of the Health Department and were not a part of the original plans. Mike Lester, Director of Health, testified that the original plans showed openings, but no doors. When the plans had been reviewed by the Health Department, it was requested that the doors be added. Page 14 of 18 Minutes of the Regular Session - November 10, 2005 Mr. Gray testified that, during the meeting of the Construction Board of Adjustments and Appeals, Mr. Ybarra contended that the doors would not be aesthetically pleasing. Mr. Gray testified that the parameters for a variance do not include a provision for aesthetics, which invalidated this argument. There was also discussion of what constitutes a physical barrier and the fact that the building permit had lapsed and was considered a re- submitted permit and so nullified the approval which had been given prior to the ordinance amendment. Mayor Mundinger noted that this was not a unique incident. He said that there were numerous restaurants in the City that had been asked to submit plans showing doors in the event of a future requirement for them. He stated that since certain prerogatives had been shifted from the Director of Health to the Construction Board of Adjustments and Appeals, the ordinance is now interpreted and enforced differently. Mr. Gray called as a witness Kevin Byal, Chief Building Official. Mr. Byal testified that the plans for the restaurant were submitted in 2003. The plan review expired six months after Mr. Ybarra had been notified that the building permit was ready. City staff notified Mr. Ybarra that the plan review was due to expire. A letter had been received from Mr. Ybarra requesting an extension. The permit was not active at this time. In February 2004 a six -month extension was granted. In June 2004, Mr. Ybarra paid the permit fees and picked up the permit. Due to the difficulty in receiving financing, construction of the restaurant did not begin at that time. According to the Code of Ordinances, since the project did not begin construction within six months of activating the permit, the permit had expired. Mr. Ybarra reapplied for a building permit in January 2005. In the interim, new building codes had been adopted by City Council. The reason both permits had the same number was for the sake of efficiency in the City's permit system Mr. Gray called as a witness Mike. Lester, Director of Health. Mr. Lester testified that in September 2004, City Council approved three amendments to the smoking ordinance, as follows: • The definition of a designated smoking area was clarified; The ability to grant waivers was removed from the Director of Health and shifted it to the Construction Board of Adjustments and Appeals; and, A new section which included a variance process was added. Mr. Lester testified that when the Construction Board of Adjustments and Appeals began to hear requests for waivers, the interpretation of the Code of Ordinances became more stringent and literal. He testified that, prior to the code amendment in September 2004, City staff's position was to require that door frames be put in place when the building was constructed, and if legitimate complaints were received, to require that physical doors be erected. He testified that, when the original plans for this restaurant were submitted, the door frames were not in the drawing, and the owners were notified that the plans would not be approved unless the plans were redrawn to include the frames. Mr. Mayes made no closing statement. In his closing statement Mr. Gray reiterated his earlier remarks. The hearing was closed. There was discussion regarding the definition of "physical barrier," the effectiveness of doors as an effective membrane, and the need for consistently enforcing the ordinance. Page 15 of 18 Minutes of the Regular Session - November 10, 2005 Consider affirming, modifying, or reversing the decision of the Construction Board of Adjustments and Appeals concerning construction of E1 Toro's restaurant located at 5810 Garth Road. Council Member Mahan moved to reverse the decision of the Construction Board of Adjustments and Appeals concerning construction of El Toro's restaurant located at 5810 Garth Road. Council Member Capetillo seconded the motion. There was further discussion regarding how the ordinance had been enforced before and after the amendment in September 2004, and the impact the enforcement had on local restaurants. Council Member Anderson called the vote. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: Council Member Anderson. Council Member Sheley abstained. The motion carved. Mayor Mundinger recessed the meeting at 8:06 p.m. The meeting reconvened at 8:12 p.m. 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. City Manager Jackson summarized the action taken thus far regarding this item. Since the September 19, 2005 meeting, the ad hoc committee, comprised of Mayor Pro Tern Anderson, Council Member Mahan, Council Member Capetillo, and Assistant City Attorney Danny Jackson, had met with Bob Loman, attorney for A &K Investments I., Inc. and an agreement had been reached. In answer to a question from the City Manager, City Attorney Ramirez stated that, if an agreement had been reached, the continuation of the appeal was not necessary. He then asked the parties if an agreement had been reached. Both parties answered in the affirmative. As Chairman of the ad hoc committee, Mayor Pro Tem Anderson explained, that the committee had spent a considerable amount of time meeting with City staff as well as the owners and their legal representatives regarding the Taft Circle Apartments. The committee had been adamant that the apartments either be brought up to all City codes and standards or be demolished. An agreement had been achieved to reconstruct the apartment complex in the shortest period of time possible, while still maintaining quality of life for those who might choose to reside there in the future. The following person registered to address Council on this item: l Page 16 of 18 Minutes of the Regular Session - November 10, 2005 Richard Heven. 2200 Buchanan Mr. Heyen informed Council that people in his neighborhood did not want the Taft Circle Apartments rehabilitated. He noted that in a similar case, the Northwood Apartments had been rehabilitated and that he understood the crime rate in that area was high. In addition, he said that Council had disregarded the health concerns of citizens by allowing businesses to do as they please. Mark Knop, the attorney representing Cornerstone /Woodbridge Properties LLC, requested a ten-day extension (from November 21 to December 1) to deposit the $50,000 cash bond. He said the agreement would be signed on November 21, but additional time is needed to deposit the bond. There was lengthy discussion regarding whether to grant the extension. Bob Loman, representing A&K Investments I Inc., requested that the timeframe for both owners be the same. Assistant City Attorney Danny Jackson informed Council that the representatives of A&K had worked diligently over the past several weeks to come to the present agreement. He said those representing Comerstone /Woodbridge had not fully participated. Mr. Knop assured Council that the agreement would be signed by November 21, 2005 and the cash bond posted by December 1, 2005. Council Member Mahan noted that the apartment complex consists of two different properties. Cornerstone /Woodbridge owns several buildings and A&K owns the remaining buildings. The following person signed to address Council but declined to speak when given the opportunity. Joe Frank Robins. Council Member Murray requested clarification regarding the relationship between A&K and Comerstone/ Woodbridge. Mr. Loman informed Council that A&K owns one tract which has 60% of the buildings on it. He said that A&K intends to buy out Cornerstone /Woodbridge. He said if the purchase takes place, A&K will then be subject to the terns and conditions of the agreement signed by Cornerstone /Woodbridge. Council Member Mahan said that as of the day before, the ad hoc committee had been assured that new roofs on all of the apartments would be installed within the first 90 days. Mr. Mahan noted that this is a very large investment and shows good faith on the part of the owners. Mr. Knop asked that the third paragraph of the order, regarding the withdrawal of Cornerstone /Woodbridge's appeal on buildings the company does not own, be deleted. He said that there is ongoing litigation regarding the title to all of the buildings involved, therefore he requested that the paragraph be removed. Assistant City Attorney Jackson approved, and stated that Mr. Knop did not want to prejudice his position in his lawsuit. On behalf of A&K, Mr. Loman presented the signed order to Council, with the change in the date that the cash bond is to be posted from November 21 to December 1, 2005. On behalf of Comerstone /Woodbridge, Mr. Knop requested that the order be amended by deleting the thud paragraph, as above referenced, changing the date that the cash bond is to be posted from November 21 to December 1, 2005, and removing all reference to Cornerstone, which is not a part of the legal name. Page 17 of 18 Minutes of the Regular Session - November 10, 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. (Cornerstone /Woodbridge Properties LLC). Council Member Capetillo moved to modify the decision of the Urban Rehabilitation Standards Review Board ordering the demolition of the buildings at Taft Circle Apartments to comply with the agreement reached by all parties. 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. 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.) Council Member Anderson moved to modify the decision of the Urban Rehabilitation Standards Review Board ordering the demolition of the buildings at Taft Circle Apartments to comply with the agreement reached by all parties. Council Member Renteria 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 informed Council that on November 3, 2005, the Parks and Recreation Department team participated in the Texas Recreation and Park Society annual "Equipment Rodeo" competition. They placed in all but one event, won first place in three events and second in two events. Mr. Jackson announced that Baytown Police Sergeants Lon Craft and Larry Joe Martin were among the latest officers, and the fast Baytown Police Officers, to graduate from the 84' School of Police Supervision on October 28, 2005. Mr. Jackson commended the Municipal Court which has received the "Five Star Award" for excellence in reporting vital statistics records to the State. This is the fifth consecutive year that the City of Baytown has earned the Five Star Award from the Texas Department of Health, Bureau of Vital Statistics. Page 18 of 18 Minutes of the Regular Session — November 10, 2005 Adjourn. Council Member Capetillo moved that the meeting adjourn. 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 carved. There being no further business, the meeting adjourned at 8.50 p.m Kelvin Kmuf i Interim City �rk