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2006 04 27 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 27, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on April 27, 2006, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Ronnie Anderson Mayor Pro Tem Brandon Capetillo Council Member Sammy Mahan Council Member Don Murray Council Member Scott Sheley Council Member Mercedes Renteria, III Council Member Calvin Mundinger Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez, Sr. City Attorney Lorri Coody City Clerk The meeting was opened with a quorum present. Council Member Renteria led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes for the Special Meeting held on April 13, 2006. Council Member Mahan moved to approve the minutes as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Youth of the Month. Mayor Mundinger introduced Tehniya Wadhwani, April’s Youth of the Month. The Mayor delivered a summary on Ms. Wadhwani’s extraordinary achievements and acknowledged the parental support and guidance she has received to become an outstanding student and citizen. Citizen Communication from Mr. Porter Flewellen regarding petition for closure of Center Street at Elvinta. Page 2 of 17 Minutes of the Regular Session – April 27, 2006 Mayor Mundinger introduced Mr. Porter Flewellen and informed him of the time constraints while addressing Council. Mr. Flewellen began his presentation by explaining that he is Captain of the School Courts Addition and is speaking on behalf of those citizens. He explained that his neighborhood has filed a petition seeking the closure of Center Street at Elvinta due to the problems the neighborhood is encountering with through traffic and the dangers it poses to the small children and neighborhood residents. He explained that the neighborhood has already had the speed limit lowered to try to resolve the safety issues but speed and through traffic are still serious issues. In his opinion the street closure would not present any safety issues for emergency vehicles since these type vehicles enter from McKinney. In support of his case, Mr. Flewellen presented Council with photos of a similar closure in Pecan Grove. He acknowledged the City’s “traffic calming” and processes. Council Member Anderson commented on his findings of this issue and hopes the City gives this request serious consideration. With no further discussion, Mayor Mundinger moved to the next item. Presentation of Distinguished Budget Award for the FY2006 budget. City Manager Jackson informed Council that the Finance Department had received The Government Finance Officers Association of the United States and Canada (GFOA) Distinguished Budget Presentation Award for its FY2006 budget. The award represents a significant achievement by the entity and this is the eleventh year the department has received this honor. It reflects the commitment of the governing body and staff in meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity has to satisfy nationally recognized guidelines for effective budget presentation. The guidelines are designed to assess how well an entity’s budget serves as:  A policy document  A financial plan  An operations guide; and  A communications device Council Member Anderson, Chair of the Finance Committee, gave his personal congratulations to the Finance Department. Consider Proposed Ordinance No. 060427-1, granting a variance to J.E.W. Inc. and Jimeez Towing & Recovery from the requirements of Sections 102-167(a) and 102-196(b)(6) of the Code of Ordinances, requiring tow truck operators performing nonconsent tows to maintain a vehicle storage facility inside the City limits and to tow the vehicle to a vehicle storage facility inside the city limits. Council Member Mahan left the meeting upon the calling of this item. He filed a conflict of interest affidavit and abstained from the vote and discussion. Page 3 of 17 Minutes of the Regular Session – April 27, 2006 Mayor Mundinger informed Council that two people had signed up to speak. He reviewed the rules and time constraints and introduced the first speaker, Mr. Jimmy Riordan, with Jimeez Towing and Recovery. Mr. Riordan voiced his frustration and confusion with the newly adopted Tow Truck Ordinance. He explained that he had been in the Tow Truck business in the City for a number of years and on the City’s rotation list for at least 4 years. He currently leases storage facilities from J.E.W. Inc. However, the recent changes to the Tow Truck Ordinance now require that storage facilities be located within the city limits and that this has placed a hardship on his business as well as that of J.E.W. Inc. He requested that his business and J.E.W.’s business either be grandfathered, given a variance or permitted annexation so that business could continue. Mayor Mundinger introduced speaker number two, Mr. Joe Rice with J.E.W. Inc. Mr. Rice expressed the same sentiment as Mr. Riordan. City Manager Jackson explained that Proposed Ordinance No. 060427-1, if approved, would grant a variance to J.E.W. Inc. and Jimeez Towing & Recovery from the requirements of Sections 102-167(a) and 102-196(b)(6) of the Code of Ordinances, requiring tow truck operators performing nonconsent tows to maintain a vehicle storage facility inside the City limits and to tow the vehicle to a vehicle storage facility inside the city limits. J.E.W. Inc. and Jimeez Towing & Recovery are currently on the tow truck rotation list but have vehicle storage facilities located outside the city limits. He informed Council that the Tow Truck Committee met on Monday, April 24, 2006 and made its recommendation to Council that these requests for variances be denied. Mr. Jackson introduced Danny Jackson, Police Legal Advisor. Having attended the Tow Truck Committee Meeting, Mr. Danny Jackson conveyed the findings and views of the Committee to Council and explained that the property in question would require annexation to comply with the Ordinance. He continued by explaining that the Tow Truck Committee did not feel that this variance was appropriate and would ultimately cause other issues. Mr. Danny Jackson fielded numerous questions from Council, which he addressed accordingly. Council engaged in lengthy conversation on this item with a motion being made by Council Member Murray to modify the presented Ordinance to include a 120 day variance beginning April 28, 2006, contingent upon a good faith effort of J.E.W. Inc. and the City of Baytown to have the property annexed into the City of Baytown in order to comply with Sections 102-167(a) and 102-196(b)(6) of the Code of Ordinances, requiring tow truck operators performing nonconsent tows to maintain a vehicle storage facility inside the city limits and to tow the vehicle to a vehicle storage facility inside the city limits. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Murray and Sheley Mayor Mundinger Nays: None Abstain: Council Member Mahan Page 4 of 17 Minutes of the Regular Session – April 27, 2006 The motion carried. ORDINANCE NO. 10,311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING OR A 120-DAY PERIODA VARIANCE FROM SECTIONS 102-167(A) AND 102-196(B)(6) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, F REQUIRING TOW TRUCK OPERATORS PERFORMING NONCONSENT TOWS TO MAINTAIN A VEHICLE STORAGE FACILITY INSIDE THE CITY LIMITS AND TO TOW THE VEHICLE TO A VEHICLE STORAGE FACILITY INSIDE THE CITY LIMITS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Mahan returned to the council table. Discuss and consider: a. Proposed Ordinance No. 060427-2a, creating an 11 member Baytown Redevelopment Advisory Commission; or b. Proposed Ordinance No. 060427-2b, creating a 9 member Baytown Redevelopment Advisory Task Force. City Manager Jackson reviewed with Council that on March 9, 2006 and on April 13, 2006, the City Council discussed the possible establishment of a Redevelopment Advisory Commission. The two (2) options being considered as follows: a) Proposed Ordinance No. 060427-2a, creating an 11 member Baytown Redevelopment Advisory Commission. Under this option, a new stand-alone commission would be established as discussed at the March 9 Council meeting. or b) Proposed Ordinance No. 060427-2b, creating a 9 member Baytown Redevelopment Advisory Task Force. This option would consist of establishing a task force comprised of one member each from five existing City Boards (Planning & Zoning Commission, Community Development Advisory Commission, TIRZ/Redevelopment Authority, Municipal Development District, and Beautification Commission) and one member each from four other community organizations (Baytown/West Chambers County Economic Development Foundation, Baytown Chamber of Commerce, Hispanic Chamber of Commerce and the Baytown Downtown Association). Page 5 of 17 Minutes of the Regular Session – April 27, 2006 Mayor Mundinger commended Staff on their work on the favored option (b). Council engaged in general conversation on this item with most favoring option (b). Discussion moved to whether this taskforce should include elected officials. Varying views on this issue were presented. Council Member Capetillo moved to adopt option (b) amended to include one appointment by the Mayor and one appointment made by the City Manager, both of which must be appointed on or before August 1, 2006 and not to include elected officials. Council Member Anderson seconded the motion. Council Member Sheley moved for a friendly amendment of the motion to include elected officials. The friendly amendment to the motion was not accepted by the maker, Council Member Capetillo. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: Council Members Renteria and Sheley The motion carried. ORDINANCE NO. 10,312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 “ADMINISTRATION,” ARTICLE IV “BOARDS AND COMMISSIONS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 13 “BAYTOWN REDEVELOPMENT ADVISORY TASK FORCE” TO ESTABLISH SUCH TASK FORCE, PROVIDE FOR ITS MEMBERSHIP ALONG WITH ITS POWERS AND DUTIES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060427-1, authorizing the City Manager to submit a grant application for the development of a construction site operator training video to the Texas Commission on Environmental Quality for funding under the Galveston Bay Watershed Protection Initiative. City Manager Jackson explained to Council that Proposed Resolution No. 060427-1, authorizes the City Manager to submit a grant application for the development of a construction site operator training video to the Texas Commission on Environmental Quality for funding under the Galveston Bay Watershed Protection Initiative. This project will assist with implementation of non-point source pollutant reduction in new development as well as with establishing regional construction standards for non-point source pollution reduction as outlined in the NPS Action Plan of the Galveston Bay Plan. If funded, the award is payable as a cost-reimbursement and would run for the period commencing on June 14, 2006 and ending on August 31, 2007. Page 6 of 17 Minutes of the Regular Session – April 27, 2006 Council Member Renteria moved to approve the Resolution as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. RESOLUTION NO. 1786 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION FOR THE DEVELOPMENT OF A CONSTRUCTION SITE OPERATOR TRAINING VIDEO TO THE GALVESTON BAY ESTUARY PROGRAM GALVESTON BAY: WATERSHED PROTECTION INITIATIVE TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE PERIOD COMMENCING ON JUNE 14, 2006 AND ENDING ON AUGUST 31, 2007; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060427-3, awarding a construction contract for the City Hall Expansion Project. City Manager Jackson explained that Proposed Ordinance No. 060427-3, awards a construction contract in the amount of $419,800 to Apache Services, Inc. The scope of work includes the construction of a 2400 square foot addition onto the existing City Hall building, which will add a dedicated temperature controlled room for the City’s computer servers as well as additional office space and a restroom. The total estimated construction cost for this project, which includes a 5% contingency, was $363,097.10. The construction duration is 160 calendar days. The General Fund CIPF will fund this project. Council Member Renteria moved to award the contract as presented. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Page 7 of 17 Minutes of the Regular Session – April 27, 2006 ORDINANCE NO. 10,313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH APACHE SERVICES, INC., FOR THE CITY HALL EXPANSION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF FOUR HUNDRED NINETEEN THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($419,800.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060427-4, approving final payment to PM Construction & Rehab, L.P. and accepting the West Baytown Phase I Sanitary Sewer Rehabilitation project. City Manager Jackson explained that Proposed Ordinance No. 060427-4 reflects a much needed and successful project at a 10% cost savings as well as adjusts final quantities, approves final payment of $64,468.80 to PM Construction & Rehab, L.P. and accepts the West Baytown Phase I Sanitary Sewer Rehabilitation project. The original contract was awarded to PM Construction & Rehab, L.P. for $1,132,888.06 and the contract duration was 120 calendar days. Change Order Nos. 1 and 2 were approved administratively and adjusted the contract amount to $1,134,213.06 and the contract duration to 135 calendar days. Items included in these two change orders were: addition of 155 linear feet of eight-inch CIPP, reduction of 155 linear feet of eight-inch HDPE, renegotiated unit price for long side service reconnections and the relocation of a sewer service line at 1306 Magnolia. The final balance sheet shows a reduction in the final contract amount by $116,369.79 to $1,017,843.27, which represents a 10.27% cost savings from the original contract amount. The cost savings was largely due to an adjustment of final quantities on various bid items. The contractor completed the project in the allotted time and their workmanship was satisfactory. Phase II of the project is currently under final design and will be submitted to TWDB for approval in May of this year. Pending TWDB approval of the project, it is anticipated that the award of a construction contract will go before Council sometime in midsummer. Council Member Renteria moved to approve the Ordinance as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Page 8 of 17 Minutes of the Regular Session – April 27, 2006 ORDINANCE NO. 10,314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE WEST BAYTOWN PHASE I SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY-FOUR THOUSAND FOUR HUNDRED SIXTY-EIGHT AND 80/100 DOLLARS ($64,468.80) TO PM CONSTRUCTION & REHAB, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060427-5, awarding a construction contract for the Lakewood Sanitary Sewer Rehabilitation Project – Phase I. City Manager Jackson reviewed the Proposed Ordinance No. 060427-5 with Council, which awards a construction contract in the amount of $1,204,426.25 to PM Construction & Rehab, L.P. for the Lakewood Sanitary Sewer Rehabilitation Project – Phase I. The scope of work includes sewer rehabilitation of approximately 24,375 linear feet of pipe bursting for the installation of new eight, 10, 12, and 15-inch diameter HDPE pipe. It is estimated that this project will also include removing approximately 9,250 linear feet of existing slip liners prior to the pipe bursting operations. The total estimated construction cost for this project was $1,400,000. This project was designed in-house by the Engineering Department and as such, the City has achieved significant cost savings in not having to procure an outside consultant. 2005 and 2006 TWDB Bonds will fund this project and the construction duration is 120 calendar days. Mr. Jackson commended staff for their hard work in designing this project which resulted in a cost savings of $1,300,000. Council Member Capetillo moved to approve as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH PM CONSTRUCTION & REHAB, L.P., FOR THE LAKEWOOD SANITARY SEWER REHABILITATION PROJECT – PHASE I; AUTHORIZING PAYMENT OF THE SUM OF ONE MILLION TWO HUNDRED FOUR THOUSAND FOUR HUNDRED TWENTY-SIX AND 25/100 DOLLARS ($1,204,426.25); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 17 Minutes of the Regular Session – April 27, 2006 Consider Proposed Ordinance No. 060427-6, awarding a construction contract to D&W Contractors, Inc. for the 2001 Street Reconstruction Project – Phase III. City Manager Jackson informed Council that the Phase III bids came in considerably low allowing for all streets to be done in concrete and that Proposed Ordinance No. 060427-6, awards the construction contract to D&W Contractors, Inc. in the amount of $5,920,236.30 for the 2001 Street Reconstruction Project – Phase III. The estimated construction cost estimate was $6,751,700. The scope of work includes the reconstruction of existing streets with new reinforced concrete pavement for all of the chosen streets. The work also consists of some utility work within the right-of-way. This will entail some reconstruction and replacement of the affected sanitary sewer lines, water lines, and storm sewers. 2003, 2004, and 2005 General Obligation Bonds and the Utility CIP will fund this project and the construction duration is 640 calendar days. Council engaged in general conversation regarding the item expressing their satisfaction in the bids and that it included new reinforced concrete pavement for all of the chosen streets. Questions arose about scheduling of the projects and what determined the order of construction. Deputy City Manager Bob Leiper explained that the contractor determines the order of the construction, but they can only have five streets impassable at any one time. With no other discussion needed, Council member Capetillo moved to approve the Ordinance as presented. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH D&W CONTRACTORS, INC., FOR THE 2001 STREET RECONSTRUCTION PROJECT – PHASE III; AUTHORIZING PAYMENT OF THE SUM OF FIVE MILLION NINE HUNDRED TWENTY THOUSAND TWO HUNDRED THIRTY-SIX AND 30/100 DOLLARS ($5,920,236.30); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060427-7, awarding a contract for quality assurance testing to Coastal Testing Laboratories, Inc. on the 2001 Street Bond Project – Phase III. Page 10 of 17 Minutes of the Regular Session – April 27, 2006 City Manager Jackson explained that Proposed Ordinance No. 060427-7, awards a contract to Coastal Testing Laboratories, Inc. for quality assurance testing services on the 2001 Street Bond Project - Phase III. Compensation for basic services will be a not-to-exceed amount of $209,277. The scope of work includes quality assurance testing in accordance with the construction contract documents for the soils, concrete, and asphalt. This contract will be funded by 2003 General Obligation Bonds. Council Member Anderson moved to approve the Ordinance as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,317 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 WITH COASTAL TESTING LABORATORIES, INC., FOR QUALITY ASSURANCE TESTING SERVICES CONCERNING THE 2001 STREET BOND PROJECT – PHASE III; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED NINE THOUSAND TWO HUNDRED SEVENTY-SEVEN AND NO/100 DOLLARS ($209,277.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060427-8, authorizing the City Manager to negotiate and execute a personal services agreement with Edd Hayes for the design and construction of the Firefighters’ Memorial. City Manager Jackson explained that Proposed Ordinance No. 060427-8, authorizes the City Manager to negotiate and execute a personal services agreement in the amount of $55,000 with Edd Hayes for the design and construction of the Firefighters’ Memorial. Request for proposals were issued for this project. One response was received and the project will be funded by the CIPF. Mr. Jackson introduced Chief Blake and Lt. Lopez with the City of Baytown Fire Department. They explained to Council that the Firefighters’ Memorial will pay tribute to all fallen firefighters who have died in the line of duty for the City of Baytown. The plaza construction st will not begin until after the new budget, October 1. Chief Blake introduced Mr. Edd Hayes who joined them and informed Council that he is working closely with the Department to ensure accurate and authentic depiction of the equipment, uniforms and patches. Mr. Hayes showed Page 11 of 17 Minutes of the Regular Session – April 27, 2006 Council a sample of the work he is doing for the City of Houston and a rough draft of the proposed work for the City of Baytown. Council Member Anderson moved to approve the Ordinance as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PERSONAL SERVICES AGREEMENT WITH EDD HAYES FOR THE DESIGN AND CONSTRUCTION OF THE FIREFIGHTERS’ MEMORIAL; AUTHORIZING PAYMENT IN THE AMOUNT OF ONE HUNDRED FIVE THOUSAND AND NO/100 DOLLARS ($105,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor Mundinger called items 14 and 15 together. Council Members Anderson and Murray filed a conflict of interest on both items and abstained from the vote. Consider Proposed Resolution No. 060427-2, accepting a $30,000 contribution from ExxonMobil supporting the Baytown Nature Center’s Environmental Education Programs. Consider Proposed Resolution No. 060427-3, accepting a $30,000 contribution from ExxonMobil supporting the Eddie V. Gray Wetlands Education and Recreation Center’s Wetlands Ecology Program. Mr. Jackson stated that the City proudly accepts the funds for these two Parks and Recreation programs. He explained that Proposed Resolution No. 060427-2, accepts a $30,000 contribution from ExxonMobil supporting the Baytown Nature Center’s Environmental Education Programs. The program covers the annual cost to fund the BNC Naturalist (John Mason), educational supplies, and interpretive signs. He also explained that Proposed Resolution No. 060427-3, accepts a $30,000 contribution from ExxonMobil supporting the Eddie V. Gray Wetlands Education and Recreation Center’s th Wetlands Ecology Program. The program covers the annual cost to fund the 5 Grader Program including personnel costs and educational supplies. The fund also is used to update and upgrade the exhibits in the Bob Craig Exhibit Hall’s “Wetlands Ecology Trail”. Council Member Capetillo moved to approved items 14 and 15 together as presented. Council Page 12 of 17 Minutes of the Regular Session – April 27, 2006 Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, Mahan and Sheley Mayor Mundinger Nays: None Abstained: Council Members Anderson and Murray The motion carried. RESOLUTION NO. 1787 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00) CONTRIBUTION FROM EXXON MOBIL CORPORATION SUPPORTING THE BAYTOWN NATURE CENTER’S ENVIRONMENTAL EDUCATION PROGRAMS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1788 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00) CONTRIBUTION FROM EXXON MOBIL CORPORATION SUPPORTING THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER’S WETLANDS ECOLOGY PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Receive quarterly financial and investment reports for the period ending March 31, 2006 for the City of Baytown. City Manager Jackson explained that the City of Baytown’s Investment Report for the quarter ended March 31, 2006 is submitted for review in accordance with the Public Funds Investment Act Section 2256-023 (a) and (b). The City of Baytown’s Financial Report for the quarter ended March 31, 2006 is also submitted for review. Both of these reports were reviewed by the Council Finance Sub-committee on April 25, 2006. Council Member Mahan moved to approve the reports as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Page 13 of 17 Minutes of the Regular Session – April 27, 2006 Consider approval of plans and specifications and authorizing advertisement to take bids for the new Northeast Wastewater Treatment Plant. City Manager Jackson explained that this item approves plans and specifications and authorizes advertisement to take bids for the new Northeast Wastewater Treatment Plant. The Texas Water Development Board (TWDB) has approved the second and final submittal of the plans and specifications thus authorizing the City to advertise and take bids for the project. With Council ndth approval, the project will be advertised on May 2 and May 9. The pre-bid conference will thnd take place on May the 12 while the bid opening will be on June the 2. We expect to nd recommend awarding a construction contract at the June 22 Council meeting. The scope of work includes construction of a 4.0 MGD sewer plant that can be expanded to a maximum of 16.0 MGD to accommodate future growth within the new service area for the plant. An important project related to this construction is the off-site work currently under design which will redirect approximately 1 MGD from the East District Wastewater Treatment Plant, providing relief to this landlocked plant as well as capacity to facilitate growth in the remaining East District service area. The total estimated construction cost for this project is $17.2 million. 60% of this project is being funded through MDD, which consists of $10,320,000 of the estimated construction cost. 2006 TWDB and 2006 Certificate of Obligation Bonds will fund this project and the construction duration is 630 calendar days. Council Member Murray moved to approve as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Consider approval of plans and specifications and authorizing advertisement to take bids for the Bayland Island Ship Store Renovation Project. City Manager Jackson explained that this item approves plans and specifications and authorizes advertisement to take bids for the Bayland Island Ship Store Renovation Project. The scope of work consists of encasing the structure in an architectural metal skin and metal roof. All windows and doors will be removed then replaced and caulked to provide a weatherproof structure. The total estimated construction cost for this project, which includes a 20 percent ndth contingency, is $135,200.00. This project will advertise on May the 2 and May the 9. The thth pre-bid conference will take place on May the 12 and the bid opening will be on May the 26. th It is anticipated that staff will have an item on the June 8 Council agenda to award a construction contract. Funding for the project is from the settlement proceeds from a lawsuit concerning the construction of the restaurant and the ship store building. The construction duration is 180 calendar days. Page 14 of 17 Minutes of the Regular Session – April 27, 2006 Council Member Anderson moved to approve as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Consent Agenda a) Consider Proposed Ordinance No. 060427-9, authorizing the purchase of annual maintenance for the Police Department’s Mobile Data Terminal software. b) Consider Proposed Ordinance No. 060427-10, establishing the 2006 Baytown Youth Summer Employment Program. c) Consider Proposed Ordinance No. 060427-11, approving a contract with Baytown Commissary for the operation and management of the Wayne Gray Sports Complex Concession Stand located on the North Main or adult side of the park. d) Consider Proposed Resolution No. 060427-4, authorizing the Chambers County Mosquito Control District to use aerial application methods for the purpose of mosquito control within that portion of Baytown that is within Chambers County. Council Member Sheley moved to approve items a through d with discussion on item c. Council Member Mahan seconded the motion. Council Member Renteria asked about safety netting for the girls’ side of the Wayne Gray Sports Complex. Parks and Recreation Director Scott Johnson explained that it is the responsibility of GFSA to provide and maintain that netting. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Page 15 of 17 Minutes of the Regular Session – April 27, 2006 ORDINANCE NO. 10,319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FORTY-FIVE THOUSAND FIVE HUNDRED FIFTY-EIGHT AND NO/100 DOLLARS ($45,558.00) TO VERSATERM SYSTEMS FOR THE ANNUAL MAINTENANCE FOR THE POLICE DEPARTMENT’S MOBILE DATA TERMINAL SOFTWARE FOR THE PERIOD JUNE 1, 2006 TO MAY 31, 2007; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE 2006 BAYTOWN YOUTH SUMMER EMPLOYMENT PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOURTEEN THOUSAND AND NO/100 DOLLARS ($14,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,321 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 CONCESSIONS AGREEMENT WITH RPRS INVESTMENTS, LTD, D/B/A BAYTOWN COMMISARY FOR THE OPERATION AND MANAGEMENT OF THE NEW WAYNE GRAY SPORTS COMPLEX CONCESSION STAND(S); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1789 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL DISTRICT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 16 of 17 Minutes of the Regular Session – April 27, 2006 Consider appointments to the Tow Truck Committee (2). The Tow Truck Committee is appointed by City Council and is composed of five (5) citizens not in the tow truck business. The terms of office shall be two-years in length with appointments being made in April. Members are to meet at least quarterly to hear grievances pertaining to procedures of wrecker service. There are two appointments to be made to this Committee. C. F. Burrell has officially resigned his term which will expire in April 2007. Enclosed in your packet is a copy of his letter of resignation. Mr. Lee Lombard’s term expired April 2006. Mr. Lombard has confirmed that he wishes to be reappointed to serve on this Committee. Council Member Anderson moved to reappoint Mr. Lombard as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Murray and Sheley Mayor Mundinger Nays: None Abstain: Council Member Mahan The motion carried. Consider appointment to the Beautification Advisory Commission (1). The Beautification Advisory Commission is a fifteen-member commission of city residents. Three members are appointed by the Mayor and each Council Member appoints two members. The City Council approves all appointees. The commission members may come from civic organizations, educational institutions, businesses, non-profit charitable organizations, governmental institutions, or the public at large. The terms of the commission members shall be staggered, with terms not to exceed two years. A commission member may succeed him/herself. Wayne Hanson representing District 4 has tendered his resignation from this Committee, requiring an appointment to complete his term which will expire on September 30, 2007. Council Member Murray moved to appoint Mr. Larry Haynes to the Committee. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Page 17 of 17 Minutes of the Regular Session – April 27, 2006 Consider appointments to the Cedar Bayou Intermodal Transportation Task Force (2). City Manager Jackson informed Council that they had two appointments to consider to the West Chambers County Economic Development Foundation’s Cedar Bayou Intermodal Transportation Task Force. This taskforce is jointly-sponsored by the Chambers County Judge, Commissioner’s Court, EDF and the City of Baytown. The taskforce will be comprised of seven voting members and as many non-voting ad hoc “resource” members as the Committee Chair deems necessary to accomplish the mission. The EDF appointment will serve as Chair of the taskforce. It has been requested that Mayor and Council each make one appointment to this Task Force. Council informed Mr. Jackson they were not prepared to make their appointment. Mayor Mundinger announced his appointment of Bo Cox to the Cedar Bayou Intermodal Transportation Task Force. Mayor’s announcement of his appointment to the Architects and Engineers Selection Committee. Mayor Mundinger officially announced his resignation to the Architects and Engineers Selection Committee and announced as his appointment Council Member Brandon Capetillo. Additionally, the Mayor announced that the members of the Committee at a meeting earlier in the day named Council Member Don Murray as Chairman of the Committee. City Manager’s Report.  Arbor Day  Long Neck Wildlife Festival th  Youth Advisory Commission’s “Senior Citizen Prom” Saturday, April 29, 4 – 6:30 p.m. at the Baytown Community Center City Manager Jackson reviewed the items in his report and added the Hurricane Preparedness Town Meeting which will be held on June 15, 2006 at 6:00 p.m. in Council Chambers. Adjourn. With no other business Council Member Capetillo moved to adjourn the meeting. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. The meeting adjourned at 8:20 p.m. _______________________ Lorri Coody, City Clerk