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2011 02 10 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 10, 2011 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, February 10, 2011, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Lynn Caskey David McCartney Mercedes Renteria Terry Sain Scott Sheley Stephen H. DonCarlos Robert D. Leiper Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the February 10, 2011, City Council Regular Meeting with a quorum present at 6:30 P.M. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Caskey. 1. MINUTES a. Approve Minutes of the City Council Work Session and Regular Meeting held on January 27, 2011. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Lynp Caskey. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved 2. PROPOSED ORDINANCES a. Consider a Joint Election Agreement for May 14, 2011 - City Clerk. City Manager, Robert Leiper recommended considering agenda item 2.a. and 2.b. together. City Manager, Robert Leiper presented the agenda item and stated that Ordinance No. 11,564 authorizes the City of Baytown to enter into a Joint Election Agreement with Goose Creek Consolidated Independent School District (the "School "), the Baytown Crime Control and Prevention District (the "CCPD "), and the Baytown Fire Control, Prevention, and Emergency Medical Services District (the "FCPEMSD ") for General and Special Elections to be held on May 14, 2011. Early voting will take place at three (3) locations -- Baytown City Hall, the School Administration Building and the Cedar Bayou Community Building. This joint election will not only benefit the participating entities by reducing election costs, but will also benefit electors who have become accustomed to the convenience and efficiency of being able to vote on a single ballot for all of the elections. The CCPD authorized its General Manager to negotiate and enter into this joint election agreement at its meeting on January 18, 2011. The FCPEMSD took the same action at its meeting on January 25, 2011. ORDINANCE NO. 11,564 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A JOINT ELECTION AGREEMENT WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT, AND THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT FOR THE GENERAL AND SPECIAL ELECTIONS TO BE HELD ON THE 14TH DAY OF MAY, 2011; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a Change to the FY 2010 -11 Budget for Election Expenses Associated with the Chambers County Branch Early Voting Location - Administration. City Manager, Robert Leiper presented the agenda item and stated that Ordinance No. 11,565 makes a change to the FY 2010 -11 Budget for election expenses associated with the Chambers County branch early voting location. On January 27, 2011, the City Council called the General and Special Elections of the City of Baytown for May 14, 2011. In doing so, the City Council decided to have early voting at Baytown City Hall with branch early voting at the School Administration Building and Chambers County Community Building -Cedar Bayou Annex. Ordinance No. 11,565 reprograms $6,000 from Unforeseen New Initiatives to Elections to pay the costs of the branch early voting location in Chambers County. ORDINANCE NO. 11,565 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2010 -2011 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FUNDS IN UNFORESEEN/NEW INITIATIVES TO FUND THE ELECTION EXPENSES ASSOCIATED WITH THE CHAMBERS COUNTY BRANCH EARLY VOTING LOCATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Lynn Caskey and seconded by Council Member Brandon Capetillo approving Ordinance No. 11,564 and Ordinance No. 11,565. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved C. Consider an Agreement for Advertising Services and Promotion of the Arts with the Baytown Symphony Orchestra - Administration. City Manager, Robert Leiper presented the agenda item and stated that Ordinance No. 11,566 authorizes an Agreement for Advertising Services and Promotion of the Arts with the Baytown Symphony Orchestra ( "BSO ") in the amount of $18,110; and approves the BSO's budget. Under this agreement, BSO will use hotel occupancy tax revenues provided by the City to advertise its Student Soloist Concert on May 7th at Lee College. Specifically, these funds will be used by BSO in accordance with its budget, which includes out -of -town advertising, music rental, and various musician expenses. This agreement is similar to what the City has entered into with BSO in the past, as well as other non - profit groups, which enhance tourism and bring events to the City. This ordinance authorizes the agreement and approves BSO's proposed budget. ORDINANCE NO. 11,566 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 AGREEMENT FOR ADVERTISING SERVICES AND PROMOTION OF THE ARTS WITH THE BAYTOWN SYMPHONY ORCHESTRA; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED EIGHTEEN THOUSAND ONE HUNDRED TEN AND NO /100 DOLLARS ($18,110.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving Ordinance No. 11,566. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved d. Consider Letter of Intent and Agreement in Principle for Hunt Road - Administration. City Manager, Robert Leiper presented the agenda item and stated that Ordinance No. 11,567 repeals Ordinance No. 11,552, passed on January 13, 2011, and authorizes a Letter of Intent and Agreement in Principle with Garth - Archer, Charles H. Grube, Ltd. ( "Garth- Archer ") for Hunt Road. Pursuant to the letter of intent, 1. Garth - Archer agrees to convey certain properties to the City for a future four -lane boulevard should the development along Hunt Road necessitate such expansion and widening; and 2. The City agrees to proceed with the current plan for the construction of the Hunt Road Expansion Project, which includes: o requesting City Council authorization for entering into a design contract within sixty (60) days of the conveyance of the properties; o requesting City Council authorization for entering into a construction contract within one year of the City's execution of the design contract. 3. If the City does not timely execute the current plan for the Hunt Road Expansion Project, the properties conveyed are subject to reversion. The letter of intent and agreement in principle represents merely an understanding of the parties and is not binding on the parties unless reduced to contractual form with appropriate consideration. ORDINANCE NO. 11,567 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 11,552, PASSED ON JANUARY 13, 2011, IN ITS ENTIRETY; AUTHORIZING A LETTER OF INTENT AND AGREEMENT IN PRINCIPLE WITH GARTH - ARCHER, CHARLES H. GRUBE, LTD., CONCERNING THE EXTENSION OF HUNT ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria approving Ordinance No. 11,567. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved e. Consider an Interlocal Agreement for Harris County Fire Protection Services - Fire. City Manager, Robert Leiper presented that agenda item and stated that Ordinance No. 11,568 authorizes an Interlocal Agreement with Harris County for Fire Protection Services in an unincorporated area of Harris County. This contract will be effective from April 01, 2011, to February 29, 2012, and generally contains the same terms and conditions as those in previous agreements and is for $100,000 for a period of eleven (I I) months rather than six (6) months or one (1) year. This agreement recognizes that this amount is only to partially defray the cost of fire protection services and is not meant to completely cover the City's costs; therefore, the City may bill responsible parties for services. This agreement contains an option by which the County may extend the agreement from March 01, 2012, through January 31, 2013, under the same terms and compensation and into account the desire by ETJ residents to create of an emergency services district proposed for the area covered by the agreement, and provides time for the creation of such district and the actual collection of property taxes by the district. City Manager Leiper stated that once the new District is created, they will be able to contract with the City of Baytown for fire services directly or with any other entity that they choose to do business with. City Manager Leiper also stated that should they District opt to contract with the City of Baytown, they will do so at a cost that will allow the City to recover its actual expenses. ORDINANCE NO. 11,568 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR FIRE PROTECTION SERVICES IN AN UNINCORPORATED AREA OF HARRIS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria approving Ordinance No. 11,568. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved f. Consider a Professional Service Agreement for City of Baytown Gateway Project - Engineering. City Manager, Robert Leiper presented the agenda item and stated that Ordinance No. 11,569 authorizes the Professional Services Agreement with Knudson, LP, for the City of Baytown Gateway Project in an amount not to exceed $46,500. The scope of work includes the design and construction of a gateway monument at the interchange of I -10 and Spur 330. The City of Baytown, in partnership with the Economic Alliance - Houston Port Region, will construct this gateway as part of the San Jacinto Texas Historic Gateway Program. This proposed gateway will have one (1) vertical steel tower, a masonry base and concrete planter pedestal. In addition to the tower structure, landscape planting and irrigation will also be included with this project. City Manager Leiper, in response to a question from Council Member Caskey, stated that this was one of three planed gateways throughout the City and as funding becomes available the City shall consider the placement of gateway monuments at I -10 and 146 and 146 at the Hartman Bridge. ORDINANCE NO. 11,569 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH KNUDSON, LP, FOR THE CITY OF BAYTOWN GATEWAY PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY -SIX THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($46,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Brandon Capetillo and seconded by Council Member David McCartney approving Ordinance No. 11,569. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved g. Consider an Amendment to Chapter 82 of the Baytown Code of Ordinances Requiring Purchasers of Metals to Pay by Check - Legal. City Manager, Robert Leiper presented the agenda item and stated that Ordinance No. 11,570 amend Chapter 82 of the Code of Ordinances of the City of Baytown to require purchasers of metals to pay by check, except in limited circumstances. Mr. Leiper stated that a red lined version of the ordinance was at each of their seat and included the changes discussed in the Work Session held earlier in the day. Proposed amendments to Chapter 82 "Secondhand Goods," Article II "Metals, Crafted Precious Metals and Gems" of the Code of Ordinances include: • Require those businesses that purchased secondhand metal, such as copper and bronze, and crafted precious metal dealers to pay for their purchases with a check to be mailed to the residence of the seller; with the exception of aluminum cans. Staff has followed up with other cities with similar requirements, and attempted to contact local merchants affected by the proposed amendments. 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A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Resolution No. 2118. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved b. Consider Supporting House Bi11886 for the Creation of Harris County Municipal Utility District No. 528 - Legal. City Manager, Robert Leiper presented the agenda item and stated that Resolution No. 2119 supports House Bill 886, as filed by Representative Wayne Smith on January 26, 2011, relating to the creation of the Harris County Municipal Utility District No. 528 (the "MUD), providing authority to impose a tax and issue bonds, and granting a limited power of eminent domain. The MUD will be an in -city municipal utility district in the Tri-city Beach Road area on portions of the Ashbel Smith tracts. Should the legislation pass, the MUD is required to later seek the City's consent for creation. Mr. Leiper stated that an Ordinance was passed to set up an in -city MUD and currently there are two (2) in -city MUD's in Baytown: Thompson Road and Needlepoint Road. Mr. Leiper stated that this is a developer financing tool where developers can create MUD's inside the city but it will be transparent to the city. Mr. Leiper indicated that the there is no give back, the ad valorem is paid in full, and the City will provide all utilities. Mr. Leiper stated that this enables the developer to get back out of 70% of their water, wastewater and storm development cost. Mayor DonCarlos inquired about the streets in the MUD. Mr. Leiper stated that the developer has limited street power and can only do thoroughfares and not residential streets. Mr. Leiper indicated that developer purchased three (3) tracts of the land north of 99 and is required to bring a development plan before Council for approval. RESOLUTION NO. 2119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING ITS SUPPORT TO THE CREATION OF A POLITICAL SUBDIVISION TO BE KNOWN AS HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528 AS PROPOSED IN HOUSE BILL 886 ORIGINALLY FILED BY REPRESENTATIVE WAYNE SMITH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member David McCartney and seconded by Council Member Lynn Caskey approving Resolution 2119. Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved C. Consider Adopting the Drainage Master Plan 2010 for the City of Baytown - Engineering. City Manager, Robert Leiper presented the agenda item and stated that Resolution No. 2120 adopts the Drainage Master Plan 2010 for the City of Baytown as prepared by Klotz Associates, Inc. The City engaged Klotz and Associates to provide services for the update to the existing City -Wide Drainage Master Plan and provide recommendations for the improvements necessary to meet the City of Baytown's growth and future needs. The draft of this Drainage Master Plan was submitted to the City of Baytown for approval in September 2010 calls for the implementation of sub - regional detention basins as the most effective plan to reduce flooding at an optimal cost. RESOLUTION NO. 2120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE DRAINAGE MASTER PLAN 2010 FOR THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving Resolution No. 2120. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Mercedes Renteria, Council Member Terry Sain, Council Member Scott Sheley Other: Council Member Lynn Caskey (Not Present for Vote) Nays: None Approved 4. REPORTS a. Present City of Baytown 2010 Crime Statistics - Police. In an effort to continue to provide great public safety, the Chief Dougherty presented the 2010 Crime Statistics and stated that although there was an increase in the homicide cases, they were all solved. Chief Dougherty stated that there was a decrease in sexual assaults and burglaries, an increase in robberies and auto thefts, but overall the crime rate has decreased by 4 1 /2 %. 5. CONSENT A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sain Other: Council Member Scott Sheley (Not Present for Vote) Nays: None Approved a. Ordinance No. 11,571: Annual Janitorial Cleaning Services Contract Renewal - Purchasing. Ordinance No. 11,571 renews the Annual Janitorial Services Contract with McLemore Building Maintenance, Inc. (MBM), in the amount of $104,325.60. MBM submitted a written request to renew the current contract for the same pricing, terms and conditions. MBM continues to provide excellent service. ORDINANCE NO. 11,571 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL JANITORIAL SERVICES CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FOUR THOUSAND THREE HUNDRED TWENTY -FIVE AND 60 /100 DOLLARS ($104,325.60); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance No. 11,572: Annual Mowing, Edging and Trimming Services Contract Renewal - Purchasing. Ordinance No. 11,572 renews the Annual Mowing, Edging and Trimming Services Contract, in the amount of $190,455.01. Trugreen Landcare, LLC, and Grant Smith Mowing submitted written requests to renew their portions of the contract for the same pricing, terms and conditions. Both contractors provide excellent service. Total award is as follows: Sec. I -Parks Contract Mowing Sites Sec. II- Bayland Park & Marina Sec. III- Community Beautification Sites Sec. V -City Facilities TOTAL: Sec. IV -Lift Stations and Well Sites $55,630.44 Grant Smith Mowing $11,830.72 Grant Smith Mowing $42,973.10 Grant Smith Mowing $44,280.75 Grant Smith Mowing $154,715.01 Grant Smith Mowing $35,740.00 Trugreen Landcare ORDINANCE NO. 11,572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF GRANT SMITH MOWING AND TRUGREEN LANDCARE, LLC, FOR THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED NINETY THOUSAND FOUR HUNDRED FIFTY -FIVE AND 01/100 DOLLARS ($190,455.01); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Ordinance No. 11,573: Annual Electric Services Contract Renewal - Purchasing. Ordinance No. 11,573 renews the Annual Electrical Services Contract with Baytown Electric Company in the amount of $200,000. Baytown Electric Company submitted a written request to renew the current contract for the same pricing as last year's contract. The awarded amount of $200,000 is an estimated amount based on previous usage. The annual electrical services contract is used by all departments for electrical services regarding emergencies, bucket truck service, repair, new installations, and miscellaneous electrical services. Bucket truck service is primarily used by the Parks and Recreation Department. Baytown Electric Company has performed electrical work for the City for numerous years and continues to provide excellent service. ORDINANCE NO. 11,573 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance No. 11,574: Annual Electrical Motor Control Center Services Contract Renewal - Purchasing. Ordinance No. 11,574 renews the Annual Electrical Motor Control Center Services Contract with Baytown Electric Company in the amount of $100,000. Baytown Electric Company submitted a written request to renew the current contract for the same pricing as last year's contract. The awarded amount of $100,000 is an estimated amount based on previous usage. This annual contract is primarily used by the Wastewater Treatment Plants and Lift Stations for control panel board electrical work. Specialized knowledge of motor control centers and electrical equipment is required. Baytown Electric Company provides excellent service. ORDINANCE NO. 11,574 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL MOTOR CONTROL CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance No. 11,575: Annual Roll -off Containers Services Contract Renewal - Public Works. Ordinance No. 11,575 renews the Annual Roll -off Container Services Contract with Waste Management of Texas, in the amount of $195,650. Waste Management submitted a written request to renew the current contract for the same pricing, terms and conditions. The original contract was awarded for $156,520. Previous renewal included a 25% change order. The change order is for the additional hauls for 30 and/or 40 yard containers for the Green Center to operate an extra day per week and for the Clean Team Project. Note that the haul price includes: (1) delivery, (2) pickup, (3) rental, transportation, (4) disposal and all other related costs not listed here. These containers will be utilized by the public for the collection of junk, heavy trash, and building materials at the Green Center; special events; and routinely by various other City departments. Waste Management provides excellent service. ORDINANCE NO. 11,575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF WASTE MANAGEMENT OF TEXAS, INC., SUCCESSOR IN INTEREST TO CITY WASTE, INC., FOR THE ANNUAL ROLL -OFF CONTAINER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED NINETY -FIVE THOUSAND SIX HUNDRED FIFTY AND NO /100 DOLLARS ($195,650.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. E Ordinance No. 11,576: Consider the Purchase of Three (3) Freightliner Trucks - Public Works. Ordinance No. 11,576 authorizes the Purchase of three (3) 2011 Freightliner trucks from Houston Freightliner, Inc., through Houston - Galveston Area Council (H -GAC), for a total amount of $267,245. All three trucks are replacement trucks. The H -GAC fee of $1,000 is included in the total purchase price. All three (3) vehicles are new and are replacing two (2) utility trucks and one (1) dump truck; a spreadsheet is attached listing the specifics of each of the replacement trucks. These items support the City of Baytown's vision of maintaining and improving infrastructure. ORDINANCE NO. 11,576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED SIXTY -SEVEN THOUSAND TWO HUNDRED FORTY - FIVE AND NO 1100 DOLLARS ($267,245.00) TO HOUSTON FREIGHTLINER, INC., THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF THREE (3) 2011 FREIGHTLINER TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Ordinance No. 11,577: Sole Source Purchase of Four (4) Lucas CPR Chest Compression Systems - Health. Ordinance No. 11,577 authorizes the sole source purchase of four (4) Lucagm II CPR Chest Compression Systems for the Baytown Health Department from Physio - Control, Inc., in the amount of $58,937; the cost for each unit is $14,734.25. This item is budgeted through the FCPEMSD. A grant was awarded by the Texas Department of State Health Services to the City for two of these devices with a 50% match of $14,686, which will be reimbursed after purchase. The Lucagm Chest Compression System is a safe and efficient tool that standardizes chest compressions in accordance with the latest scientific guidelines. It provides an enhanced and expanded quality of service for all patients and over time, independent of transport conditions, rescuer fatigue, or variability in the experience level of the caregiver. Mechanical piston CPR used by medical and paramedical personnel improved end -tidal CO2 and mean arterial pressure in patients in cardiac arrest in both the out -of- hospital and in- hospital settings. This equipment is a new acquisition, which expands the City's public safety service levels and is being funded through the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD). ORDINANCE NO. 11,577 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FIFTY -EIGHT THOUSAND NINE HUNDRED THIRTY -SEVEN AND NO /100 DOLLARS ($58,937.00) TO PHYSIO - CONTROL, INC., FOR THE PURCHASE OF FOUR (4) LUCASTM 2 CPR CHEST COMPRESSION SYSTEMS FOR THE HEALTH DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Ordinance No. 11,578: Purchase of one (1) 2011 Frazer Ambulance with Dodge Chassis - Health. Ordinance No. 11,578 authorizing the Purchase of one (1) 2011 Frazer Ambulance with Dodge Ram 4500 6.71, Diesel Chassis from Dallas Dodge Chrysler Jeep, through H- GAC, This proposed ordinance authorizes the Purchase of one (1) new ambulance with Frazer Type 114' generator powered module mounted on a 2011 Dodge Ram 4500 6.71, diesel chassis from Dallas Dodge Chrysler Jeep, through H -GAC, in the amount of $147,875; the H -GAC fee of $1,000 is assessed per each purchase order and is included in the total cost. The new ambulance replaces a 2001 Ford E350 Chassis with a mileage of 112,675 with a scheduled delivery of six months. This ambulance is a new acquisition for the Baytown Health Department, which expands the City's public safety service levels and is being funded through the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD). ORDINANCE NO. 11,578 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY -SEVEN THOUSAND EIGHT HUNDRED SEVENTY -FIVE AND N0 1100 DOLLARS ($147,875.00) TO DALLAS DODGE CHRYSLER JEEP THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) NEW AMBULANCE WITH FRAZER TYPE I 14' GENERATOR POWERED MODULE MOUNTED ON A 2011 DODGE RAM 4500 6.71, DIESEL CHASSIS FOR THE HEALTH DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Ordinance No. 11,579: Consider an Interlocal Agreement for Utilities for an Industrial Development Project in Chambers County - Administration. Ordinance No. 11,579 authorizes an Interlocal Agreement with the Baytown Municipal Development District concerning funding for the extension of water and sewer utilities for an industrial development project in Chambers County in an amount not to exceed $200,000. Once utilities are extended, the Chambers County Improvement District No. 1 will provide water and wastewater service for the development project pursuant to its interlocal agreement with the City of Baytown. The Baytown Municipal Development District approved this item at its meeting on February 03, 2011. ORDINANCE NO. 11,579 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING 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 EXTENSION OF WATER AND SEWER UTILITIES FOR AN INDUSTRIAL DEVELOPMENT PROJECT IN CHAMBERS COUNTY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Ordinance No. 11,580: Consider the Closeout of Town Circle Repaving Project - Engineering. Ordinance No. 11,580 provides for acceptance of the Town Circle Repaving Project and release of retainage in the amount of $37,290.58 to Mar -Con, LLC. The original contract price of this project was $386,369.25; Change Order #1 totaling $1,510.00 (which is .004% of the original contract amount) was approved by City Manager on December 21, 2010, bringing the final contract cost to $387,879.25. The final cost of the project was $359,315.82 with a savings of $28,563.43. The contractor completed the contract on time with satisfactory workmanship. ORDINANCE NO. 11,580 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE TOWN CIRCLE REPAVING PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY -SEVEN THOUSAND TWO HUNDRED NINETY AND 58/100 DOLLARS ($37,290.58) TO MAR -CON, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. APPOINTMENTS a. Consider Baytown Library Board Appointments - Library. City Manager, Robert Leiper presented the agenda item to consider three (3) appointments and one (1) vacancy to the Baytown Library Board. Mr. Leiper stated that Mr. Gary Englert, Mr. Ron Lewis, and Ms. Tavita Lopez terms are set to expire on February 28, 2011 and are all eligible and desire reappointment to serve another two year term. If reappointed their terms would run from March 01, 2011, to February 28, 2013. This item was discussed on the January 27, 2011, City Council Work Session. Mr. Leiper nominated Mr. Gene Poirot to fill the vacancy of Ms. Cheryl Griffin. A motion was made by Council Member Brandon Capetillo and seconded by Council Member David McCartney for the reappointments of Mr. Englert, Mr. Lewis, and Ms. Lopez and the appointment of Mr. Poirot to the Library Board. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sain Other: Council Member Scott Sheley (Not Present for Vote) Nays: None Approved b. Community Development Advisory Committee Appointment - Planning and Development Services. City Manager, Robert Leiper presented the agenda item to discuss one reappointment to the Community Development Advisory Committee. As this item is a District one (1) appointment, Council Member Renteria requested that this item be tabled for the next meeting. C. Planning and Zoning Commission Appointments - Planning and Development Services. City Manager, Robert Leiper presented the agenda item to consider one (1) reappointment and two (2) other appointments to the Planning and Zoning Commission. This item was discussed on the January 13, 2011 City Council Work Session and January 27, 2011 Regular Meeting. City Manager, Robert Leiper and Council Member Sheley both stated that they are not ready for their appointments. Council Member McCartney nominated Mr. Spencer Carnes for a District Six (6) appointment to the Commission. A motion was made by Council Member David McCartney and seconded by Council Member Lynn Caskey appointing Mr. Carnes to the Commission. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved d. Baytown Ethics Commission Appointments - City Clerk. City Manager, Robert Leiper presented the agenda item to consider three (3) reappointments to the Baytown Ethics Commission. Mr. Leiper stated that Mr. Jim Black, Mr. Brad Hoffman, and Ms. Carol Turner terms are set to expire on March 11, 2011 and all desire reappointment for a three year term ending on March 11, 2014. A motion was made by Council Member Scott Sheley and seconded by Council Member Brandon Capetillo for the reappointments of Mr. Black, Mr. Hoffman, and Ms. Turner. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sain, Council Member Scott Sheley Nays: None Approved e. Tow Truck Committee Appointments - City Clerk. Council Member Caskey abstained from this agenda item and stated that he has filed a Conflict of Interest Affidavit with the City Clerk. City Manager, Robert Leiper presented the agenda item to consider two (2) reappointments and one (1) vacancy to the Baytown Tow Truck Committee. Mr. Leiper stated that Mr. Mark Fuqua and B.C. Hudman terms are set to expire on March 31, 201 and both members desire reappointment for another two year term that would expire March 31, 2013. Council Member Renteria deferred his nomination until next meeting. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney for the reappointments of Mr. Fuqua and Mr. Hudman. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Mercedes Renteria, Council Member Terry Sain, Council Member Scott Sheley Other: Council Member Lynn Caskey (Abstain) Nays: None Approved 7. MANAGER'S REPORT City Manager, Robert Leiper reported the following reports and events: • An $81,000 grant was received to start the clean up on Tabb's Bay with a matching fund requirement; • A $48,000 assistance grant was received for the fire department to make repairs to seven (7) vehicles; • The Daddy and Me dance is February 11, 2011; • The Jailhouse Run Barbecue is Friday, February 11 th and the run is Saturday, February 12th;and • Free Tax services at the library; start lining up at 7:30am. Mayor DonCarlos stated that there is an Oyster Fry at the Shrine's on Friday, February 11th. Council Member Renteria stated that the Hispanic Chamber Gala is on Friday, February 11 th. 8. ADJOURN A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney adjourning the February 10, 2011 City Council Regular Meeting. The vote is as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Brandon Capetillo, Council Member Lynn Caskey, Council Member Mercedes Renteria, Council Member Terry Sam, Council Member Scott Sheley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the February 10, 2011, City Council Regular Meeting of at 7:18 P.M.