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2006 05 11 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 11, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on May 11, 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 Karen Horner Assistant City Attorney City Clerk, Lorri Coody was absent. The meeting was opened with a quorum present. Council Member Sheley led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of the minutes for the Council Meeting held April 27, 2006. Council Member Mahan moved to approve the minutes as amended. 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. Recognition of Mr. Gene Norton. Mayor Mundinger presented Coach Gene Norton with a Proclamation proclaiming May 11, 2006 as Gene Norton Day in the City of Baytown. Mayor Mundinger highlighted Coach Norton’s impressive career as an educator, coach and community volunteer, most notably his volunteer work at the Wetlands Center. Coach Norton thanked the Mayor and those in attendance for his recognition. He also acknowledged his family in the audience. Page 2 of 18 Minutes of the Regular Session – May 11, 2006 Receive presentation of Youth Advisory Commission Annual Report. Mr. Josue Gonzales, Ms. Ayla Casey, Mr. Logan Havel and Mr. Charles Lester, Representatives from the Youth Advisory Commission, with other members of the Commission in attendance to lend their support, gave a PowerPoint presentation to Council highlighting the following: Goals & Objectives  Foster involvement of the youth in City government  Serve as a link between the youth and City government  Encourage youth leadership and responsibility through volunteerism and community involvement  Explore and identify issues and concerns of importance to the youth  Look for ways to promote mutual understanding, respect and community involvement amongst youth of different cultures and backgrounds Accomplishments.  Chose a logo and slogan, “Learning Today, Leading Tomorrow”, that best represents the youth of our community.  Implementation of Youth of the Month.  Volunteered and assisted with the Thanksgiving Friends Serving Friends, Christmas Adopt-a-Family, YMCA Gator Ride, Port of Houston Trash Bash, the City of Baytown Trash Off and the Special Olympics.  Executive Committee attendance at the Annual YAC Summit sponsored by TML and hosted by the City of Denison, TX.  Hosted the 1st Annual Senior Citizen Prom. Where Do We Go From Here?  Continue with community involvement by volunteering our time and talents.  Begin conducting Youth Forums to discuss youth issues and concerns.  Continue to build partnerships and relationships with other community minded entities.  Begin developing a plan toward our #1 goal of a Youth Service Center. The members of the Youth Advisory Council thanked the City Council, City Staff, local businesses and various members of the community for their support this past year. Mayor Mundinger thanked the youth for their dedication, hard work and reminded them they are truly the leaders of tomorrow. Youth Advisory Commission presented Ms. Gina Rivon, Staff coordinator of the Youth Advisory Commission, a plaque in appreciation for her leadership and dedication to the Commission. Page 3 of 18 Minutes of the Regular Session – May 11, 2006 Conduct the first public hearing giving all interested persons the right to appear and be heard regarding the effect in the community of a proposed Ordinance on establishing a curfew for minors and the problems the proposed Ordinance is intended to remedy. Mayor Mundinger opened the public hearing at 6:55 p.m. City Manager Jackson asked Chief Jones with the City of Baytown Police Department to report on juvenile crime and the intent of this Ordinance. Chief Jones informed Council that this Ordinance was originally enacted in 1994 and reviewed the various components and intent with Council. He further explained that the focus is late night unsupervised youths and that there are exceptions and provisions in the Ordinance to protect those youth that are out late legitimately. Chief Jones informed Council that juvenile crime is up 13%. He urged Council to support the Ordinance. Chief Jones fielded various questions from Council which he addressed accordingly. With no one signed up to speak Mayor Mundinger closed the public hearing at 7:00 p.m. Conduct the second public hearing giving all interested persons the right to appear and be heard regarding the effect in the community of a proposed Ordinance on establishing a curfew for minors and the problems the proposed Ordinance is intended to remedy. Mayor Mundinger opened the second public hearing at 7:00 p.m. With no one having signed up to speak he closed the second public hearing at 7:01 p.m. Consider Proposed Ordinance No. 060511-1, repealing Article IV “Curfew for Minors,” of Chapter 66 “Offenses” of the Code of Ordinances; Amending Chapter 66, “Offenses” of the Code of Ordinances, by adding a new article to Chapter 66 “Offenses” numbered and entitled Article IV, “Curfew for Minors”; and prescribing a maximum penalty of Five Hundred and No/100 Dollars ($500.00). City Manager Jackson briefly reviewed the Ordinance with Council, stated that he also supports this Ordinance and that it is an effective deterrent in curtailing juvenile crime. Council Member Sheley 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. 10,322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ARTICLE IV “CURFEW FOR MINORS,” OF CHAPTER 66 “OFFENSES” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 66, “OFFENSES” OF THE CODE OF ORDINANCES, Page 4 of 18 Minutes of the Regular Session – May 11, 2006 BAYTOWN, TEXAS, BY ADDING A NEW ARTICLE TO CHAPTER 66 “OFFENSES” TO BE NUMBERED AND ENTITLED ARTICLE IV, “CURFEW FOR MINORS”; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF Consider Proposed Ordinance No. 060511-2, the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as 16.1545 acres of land in Nathaniel Lynch Survey A-44 described in Harris County Clerk’s File No. F270656 and File No. G387613. City Manager Jackson brought Council’s attention to the map in their packet. He reminded Council of the previous discussions they had and presentations they had received regarding this property. The proposed development is for a multi-family housing project near the intersection of Loop 330 and I10. Mr. Jackson believes this a first class project and will be a nice gateway to the community. Council Member Capetillo moved to approve the Ordinance as presented. Council Member Murray 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. 10,323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF 16.1545 ACRES OF LAND IN THE NATHANIEL LYNCH SURVEY, A- 44, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider the following items related to the Emergency Operations Center: a) Proposed Ordinance No. 060511-3, approving Change Order No. 6 and approving a change in the General Fund Capital Improvements Program Fund of the FY 05-06 Budget to fund this change order. City Manager Jackson informed Council that item 8a was not ready for consideration and moved to item 8b. Page 5 of 18 Minutes of the Regular Session – May 11, 2006 b) Report from the law firm of Chamberlain, Hrdlicka. City Manager Jackson explained the problems with the construction of the EOC, the main issue being the leaking of the building and that Staff has had numerous unsuccessful meetings with all parties trying to resolve the issues. Mr. Jackson informed Council that Staff had utilized its Administrative Authority and obtained the services of the law firm of Chamberlain, Hrdlicka to review the issues associated with the EOC, including contracts, previous and proposed change orders, etc. and after which they would advise the City on how to proceed. He summarized the firm’s expertise in construction law and litigation. Mr. Jackson introduced Mr. Mike Davis with Chamberlain, Hrdlicka. Mr. Davis gave an additional summary of his firm’s experience and expertise. He informed Council there were a number of remedies for the City to look at. He explained the firm is in the early stages of the due diligence and it would be premature for him to give a recommendation at this time. The firm’s intentions are to complete the review of the documentation, finalize the interviews, analyze the various factors associated with the leak issue, finalize the analysis and submit the firm’s report and recommendation. This will aid the City in finding the most cost effective resolution. Mr. Davis and Staff fielded numerous questions from Council which were addressed accordingly. Council expressed their various views and concerns on this matter. Mr. Jackson and Mr. Davis explained there were fail-safe measures in place to protect the taxpayers. They informed Council that the contractor had Performance and Payment Bonds and both the architect and project manager had Errors and Omissions Coverage. c) Authorizing the City Manager and the City Attorney to negotiate an agreement with the law firm of Chamberlain, Hrdlicka for a possible contract for legal representation to recover certain expenses. Mr. Jackson explained that this item will authorize the City Manager and the City Attorney to negotiate an agreement with the law firm of Chamberlain, Hrdlicka for a possible contract for legal representation to recover certain expenses incurred by the City caused by other parties. Based on the firm’s report, the City Council, may wish to discuss and possibly request that the firm submit a proposal for legal representation to recover certain City expenses. Council Member Mahan 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. Page 6 of 18 Minutes of the Regular Session – May 11, 2006 Consider Proposed Ordinance No. 060511-4, authorizing an agreement with Hugh L. Landrum & Associates, Inc. for the appraisal of the Baytown Industrial Districts. City Manager Jackson explained Proposed Ordinance No. 060511-4, authorizes an agreement with Hugh L. Landrum & Associates, Inc. for appraisal of the Baytown Industrial Districts. The City, last year, contracted with Hugh L. Landrum & Associates, Inc. to provide the valuations of properties for the City’s industrial districts and to provide general advice on planning for the impact of any pollution control exemptions granted by the TCEQ. The total contract is $32,000, an increase of $1,500 over last year. The budgeted amount is $33,550. Council Member Anderson moved to approve as submitted. Council Member Murray 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. 10,324 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 CONTRACT WITH HUGH L. LANDRUM & ASSOCIATES, INC., FOR THE APPRAISAL OF PROPERTY WITHIN THE BAYTOWN INDUSTRIAL DISTRICTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THIRTY-TWO THOUSAND AND NO/100 DOLLARS ($32,000.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060511-5, approving final payment to PM Construction & Rehab L.P. for work completed in Work Order No. 6, and accepting the 2005 Annual Sanitary Sewer Rehabilitation Project. City Manager Jackson reviewed with Council Proposed Ordinance No.060511-5, approving final payment of $43,706.35 for work completed in Work Order No. 6 to PM Construction & Rehab L.P. (PM) and accepting the 2005 Annual Sanitary Sewer Rehabilitation Project. The project consisted of six work orders that were completed and balanced out individually by administration. The original contract was awarded to PM for a sum not to exceed $1,000,000 and the final contract amount was $977,208.05. The contractor’s workmanship was satisfactory and each work order was completed within the assigned time limits. This project was funded by 2002, 2003, and 2004 Certificates of Obligation Bonds. Council Member Anderson moved to approve as submitted. Council Member Capetillo Page 7 of 18 Minutes of the Regular Session – May 11, 2006 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. 10,325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2005 ANNUAL SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY-THREE THOUSAND SEVEN HUNDRED SIX AND 35/100 DOLLARS ($43,706.35) TO PM CONSTRUCTION & REHAB L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF Mayor Mundinger took items 18, 11a and 11b together. Discuss and take appropriate action regarding the allocation of funds for street repair projects. Consider the following items related to the Kilgore and Bob Smith Road Reconstruction Project: a) Consider approval of the combining of $1.5 million of Year Five funds in the 2001 Street Bond program with Year Four funds and also moving the Kilgore Road project from Year Five to Year Four. b) Consider proposed Ordinance No. 060511-6, authorizing an agreement for preliminary professional engineering design services for the Kilgore and a segment of Bob Smith Road (Walker to McKinney) Reconstruction Project. Mayor Mundinger briefly reviewed the intent of the items, funding for Kilgore Road and other street projects, asked Council to wait on discussion of the Mill and Overlay Program and then turned the discussion over to City Manager Jackson. Mr. Jackson brought Council’s attention to the handouts presented to them at their places. He explained that this item considers the approval of combining of $1.5 million of Year Five funds in the 2001 Street Bond program with Year Four funds and also moving the Kilgore Road project from Year Five to Year Four. This th item is a follow up to the April 27 City Council work session regarding the reconstruction of Kilgore Road. Kilgore Road and Raccoon Drive were originally listed as “Future Projects” in the allocation chart used in years one and two. As the timing of County funding was finalized for Raccoon and sought for Kilgore, these projects were moved to Year Five. The action described in the agenda item would shift the Kilgore project from Year Five to Year Four, along with the $1.5 million in funding associated with the project. This change would leave Raccoon Page 8 of 18 Minutes of the Regular Session – May 11, 2006 and its associated funding in Year Five. Council engaged in general conversation and asked for clarification of the items presented. Deputy City Manager Bob Leiper gave an additional summary of the updated handouts, asking Council to use these updates as a reference for their continued discussion. He also explained the updated numbers on the handouts and what they represent. Mr. Leiper further explained that Proposed Ordinance No. 060511-6, authorizes a professional services agreement with Klotz Associates, Inc. (Klotz) in the amount of not to exceed $51,206 for preliminary engineering design services associated with the Kilgore and Bob Smith Road Reconstruction Project. Compensation for both basic and additional services will not exceed $46,206. The project’s reimbursable expenses shall not exceed $5,000. Therefore, the total contract amount is $51,206. As part of the preliminary engineering, the consultant will attend meetings with City staff as necessary to address and review all City maintained water, sewer and drainage facilities in order to produce the Preliminary Engineering Report (PER). Once completed, the PER with cost estimates and recommendations will be presented to City Council at a Council Workshop session. The PER will address and include the following: summary of project, background, existing conditions for pavement, utilities, sidewalks and driveways for each street, right-of-way issues and constraints based on available as-built/record drawing information, design criteria and issues, proposed improvements and associated construction cost; constructability issues, scheduling and phasing of construction, and recommendations and conclusions. There will also be exhibits prepared such as: a location map for all proposed street segments to be reconstructed, examples of existing conditions, constraints and variances, typical street details with pavement design sections, assumed drainage areas and preliminary calculations, construction cost estimate backup data, and a geotechnical report. Upon the issuance of a notice to proceed, Klotz will complete the PER within 90 calendar days. 2005 General Obligation Bonds will fund this project. Council Member Capetillo moved to combine $1.5 million of Year Five funds in the 2001 Street Bond program with Year Four funds, move the Kilgore Road project from Year Five to Year Four and authorize an agreement for preliminary professional engineering design services for the Kilgore Road project and a segment of Bob Smith (Walker to McKinney) Reconstruction Project, the construction of Kilgore Road and the sections of Bob Smith (Walker to McKinney) with the remaining funds to be divided between District 1 and District 3. 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. 10,326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO Page 9 of 18 Minutes of the Regular Session – May 11, 2006 EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH KLOTZ ASSOCIATES, INC., FOR PRELIMINARY PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE KILGORE AND BOB SMITH ROAD RECONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIFTY-ONE THOUSAND TWO HUNDRED SIX AND NO/100 DOLLARS ($51,206.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060511-7, approving final payment to Angel Brothers Enterprises, LTD, and accepting the 2005 Annual Mill and Overlay Project. City Manager Jackson explained that Proposed Ordinance No. 060511-7, approves final payment of $641,099.39 to Angel Brothers Enterprises, LTD, and accepts the 2005 Annual Mill and Overlay Project. Change Order No. 1, approved administratively, was for the addition of a line item to the contract and did not affect the overall amount of the contract. The final balance sheet reflects an increase of the contract by 24.72% for additional mill and overlay work performed by the contractor thus resulting in more streets being completed. The original contract amount was $1,000,000, and the amended final contract amount is $1,247,221.74. The scope of work included milling existing asphalt streets, performing base repairs as necessary, and overlaying the street with new asphaltic concrete. The contractor finished the work in the allotted time and their workmanship was satisfactory. Engineering and inspection services for this project were furnished by the City of Baytown Engineering Department. The Street Maintenance Sales Tax funded this project. Mr. Jackson continued by expressing his pleasure of the outcome of the Mill and Overlay Project. He informed Council that a press release was being prepared highlighting the value of this project. Council Member Murray 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. 10,327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2005 ANNUAL MILL AND OVERLAY PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIX HUNDRED FORTY-ONE THOUSAND NINETY-NINE AND 39/100 DOLLARS ($641,099.39) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 18 Minutes of the Regular Session – May 11, 2006 Consider proposed Ordinance No. 060511-8, authorizing an amendment to the letter agreement with ESOR Consulting Engineers, Inc. for additional professional engineering services associated with the Pinehurst Subdivision Roadside Swale Rectification Project. City Manager Jackson explained that Proposed Ordinance No. 060511-8, authorizes an amendment to the letter agreement with ESOR Consulting Engineers, Inc. (ESOR) in the amount of not to exceed (NTE) $11,874 for additional professional engineering services associated with the Pinehurst Subdivision Roadside Swale Rectification Project. Of the total amount ($11,874) $10,374 will be for basic services while another $1,500 will be for reimbursable. On May 9, 2005, a letter agreement in an amount NTE $22,160 (of which $3000 is for additional services) with ESOR was executed administratively in order to prepare design drawings with the intent of having the Public Works Department (PW) performing the construction activities. Due to PW’s current workload, they will not be able to perform the construction of the necessary drainage improvements. As such, it is necessary to amend the original letter agreement with ESOR to include the following services: 1. Revise the plan and profile sheets to prepare them for public bidding purposes. 2. Prepare contract documents including specifications for public bidding purposes. 3. Required services for the bidding and negotiation phase. 4. Limited construction phase services; and 5. Limited post construction services for project close-out and as-built drawings. The purpose of this project is to improve the overall drainage within the northeast quadrant of the Pinehurst Subdivision by cleaning out ditches, replacing culverts and driveways, as well as adding an additional outfall point between two lots on Maple Lane. As part of ESOR’s overall services, they will also prepare an opinion of probable cost for the construction portion of this project. Upon the issuance of a notice to proceed, ESOR will complete the design package within 30 calendar days. Staff will then prepare an item on the agenda at an upcoming Council meeting to approve the plans and specifications and authorize advertisement to take bids on this project. 2002 General Obligation Bonds will fund this amendment to the existing letter agreement. Council Member Anderson 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 11 of 18 Minutes of the Regular Session – May 11, 2006 ORDINANCE NO. 10,328 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AMENDED LETTER AGREEMENT WITH ESOR ENGINEERING AND SURVEYING SERVICES, INC., SUCCESSOR IN INTEREST TO ESOR CONSULTING ENGINEERS, INC., FOR ADDITIONAL ENGINEERING SERVICES ASSOCIATED WITH THE PINEHURST SUBDIVISION ROADSIDE SWALE RECTIFICATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN ADDITIONAL AMOUNT NOT TO EXCEED ELEVEN THOUSAND EIGHT HUNDRED SEVENTY-FOUR AND NO/100 DOLLARS ($11,874.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060511-9, approving a Master Services Agreement with Time Warner Cable Information Services (Texas), LP, d/b/a Time Warner Cable, and authorizing thereunder a three-year contract to provide Internet services and a three-year contract to provide fiber cable connectivity between certain municipal facilities. City Manager Jackson explained that Proposed Ordinance No. 060511-9, approves a Master Services Agreement with Time Warner Cable Information Services (Texas), LP, d/b/a Time Warner Cable (“Time Warner”), and authorizing thereunder a three-year contract to provide Internet services and a three-year contract to provide fiber cable connectivity between certain municipal facilities. The Master Services Agreement establishes the terms and conditions under which the City will be able to procure various services from Time Warner. The proposed ordinance authorizes the following services under the Master Services Agreement: 1. Internet Services. Under this three-year agreement, Time Warner will provide Internet connectivity for email and Internet access for the entire City at an annual cost of $13,500. For the past several years this service has been provided by Verizon. This contract will increase the City’s available bandwidth from 6MB to 10MB at a cost of less than half of the current expenditures. Verizon has indicated that our current contract will be terminated effective June 15, 2006 due to a business restructuring. Both Verizon and Time Warner submitted bids on this service with Verizon quoting approximately the same as the previous costs. Time Warner Business Solutions is a CISV vendor. 2. Fiber Cable Connectivity. Under this three-year agreement, Time Warner will provide fiber cable connectivity between the Police Department (3200 N. Main), Defee St. Annex (220 W. Defee) and City Hall (2401 Market St.) for high speed digital network connections as a primary communications link at an annual cost of $10,500. These links will provide a higher degree of reliability for daily activities and communications (phone and Internet) during emergency operations and increased bandwidth. The savings recouped from the new Internet services agreement will cover the cost of these links. Page 12 of 18 Minutes of the Regular Session – May 11, 2006 Time Warner is the only company, which has the resources in Baytown to provide this type of service. Time Warner Business Solutions is a CISV vendor. Council Member Mahan 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. 10,329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A MASTER SERVICES AGREEMENT WITH TIME WARNER CABLE INFORMATION SERVICES (TEXAS), LP, D/B/A TIME WARNER CABLE AND AUTHORIZING THEREUNDER A THREE-YEAR CONTRACT TO PROVIDE INTERNET SERVICES AND A THREE-YEAR CONTRACT TO PROVIDE FIBER CABLE CONNECTIVITY BETWEEN CERTAIN MUNICIPAL FACILITIES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWENTY-FOUR THOUSAND AND NO/100 DOLLARS ($24,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060511-1, supporting Texas Parks and Wildlife’s restoration and preservation efforts for the Battleship Texas. Mayor Mundinger explained that Proposed Resolution No. 060511-1, supports Texas Parks and Wildlife’s restoration and preservation efforts for the Battleship Texas which is in desperate need of repair. Mayor Mundinger and various members of Council expressed their support of this Resolution. Council Member Mahan moved to approve the Resolution as presented. 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. Page 13 of 18 Minutes of the Regular Session – May 11, 2006 RESOLUTION NO. 1790 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE TEXAS PARKS AND WILDLIFE DEPARTMENT’S PROPOSAL FOR THE RESTORATION AND PRESERVATION OF THE BATTLESHIP TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060511-2, accepting the petition requesting annexation submitted by Gary M. Jackson, City Manager of the City of Baytown for Tract 2 (4F) being that portion of land out of the J.W. Singleton Survey and recorded in Vol. 3294 at page 225 in the deed records of Harris County, Texas and Tract 3 (4E) being that portion of land out of the J.W. Singleton Survey and recorded in Vol. 3306 at page 300 in the deed records of Harris County, Texas. The above mentioned property is a City of Baytown Park (Barkaloo Park), which currently lies outside the city limits of Baytown. This annexation will provide for placement of this park inside of the city limits of Baytown. City Manager Jackson explained that Proposed Resolution No. 060511-2, accepts the petition requesting annexation submitted by the City Manager’s Office for Tract 2 (4F) being that portion of land out of the J.W. Singleton Survey and recorded in Vol. 3294 at page 225 in the deed records of Harris County, Texas and Tract 3 (4E) being that portion of land out of the J.W. Singleton Survey and recorded in Vol. 3306 at page 300 in the deed records of Harris County, Texas. He further explained that this property is utilized as a City park, known as Barkaloo Park and currently sits outside the City limits. Council Member Anderson moved to approve the Resolution 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. RESOLUTION NO. 1791 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF THE CITY OF BAYTOWN CONCERNING THE ANNEXATION OF TRACT 2 (4F), BEING THAT PORTION OF LAND OUT OF THE J.W. SINGLETON SURVEY AND RECORDED IN VOL. 3294 AT PAGE 225 IN THE DEED RECORDS OF HARRIS COUNTY, TEXAS; AND TRACT 3 (4E), BEING THAT PORTION OF LAND OUT OF THE J.W. SINGLETON SURVEY AND RECORDED IN VOL. 3306 AT PAGE 300 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 14 of 18 Minutes of the Regular Session – May 11, 2006 Consider Proposed Resolution No. 060511-3, authorizing the City of Baytown to join the Coalition of Cities to intervene in and to take appropriate action concerning the proceedings pending under PUC Docket No. 32093 and related proceedings pertaining to CenterPoint Energy Houston Electric, LLC’s cost of service rate filing. City Manager Jackson introduced Mr. Alton Hall with Epstein Becker Green Wickliff & Hall, P.C. Mr. Hall explained to Council this is a new proceeding and that Centerpoint Energy had been called in by the Public Utility Commission (PUC) to file a rate case to see if they are over- earning. He further explained that Proposed Resolution No. 060511-3, authorizes the City of Baytown to join the Coalition of Cities to intervene in and to take appropriate action concerning the proceedings pending under PUC Docket No. 32093 and related proceedings pertaining to CenterPoint Energy Houston Electric, LLC’s cost of service rate filing. On December 1, 2005, the Staff of the Public Utility Commission of Texas (the “Commission”) filed a petition to inquire into the reasonableness of the rates being charged by CenterPoint Energy Houston Electric, LLP (“CenterPoint”). On December 16, 2005, the Commission ordered CenterPoint to submit a rate filing by April 15, 2006, for its transmission and distribution utility operations to allow the Commission to assure rates, operations and services are just and reasonable. In response to the Commission’s order, CenterPoint submitted a rate filing package on April 14, 2006, in the proceedings pending under PUC Docket No. 32093. Any rate changes ordered by the Commission in the proceedings could affect CenterPoint’s rate for wholesale electric transmission customers and for transmission and distribution services to competitive retailers such as retail electric providers, cities and electric cooperatives serving end-use retail electric customers in CenterPoint’s certificated service area. Additionally, such proceedings may also affect the retail electric customers if those competitive retailers choose to pass along to their retail electric customers the changed rates. The Commission referred the proceedings to the State Office of Administrative Hearings on April 18, 2006, requesting the assignment of an Administrative Law Judge to conduct a hearing and issue a proposal for decision to the Commission if necessary. The deadline for the Commission to rule on the proceedings is October 16, 2006. The City of Houston has intervened in the case and has been working towards a settlement agreement, which may includes components such as a base rate freeze, a conservation and energy efficiency program, a new 30-year franchise agreement, a hurricane and storm reserve, and a health, safety and welfare program (which may include the provision of rate credits). Mr. Jackson and Mr. Hall fielded various questions and clarified issues regarding the Resolution. Council Member Capetillo moved to approve the Resolution 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 15 of 18 Minutes of the Regular Session – May 11, 2006 RESOLUTION NO. 1792 A RESOLUTION OF THE CITY OF BAYTOWN, TEXAS, PERTAINING TO CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC’S COST OF SERVICE RATE FILING PENDING AS PUC DOCKET NO. 32093 AND RELATED PROCEEDINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda. a) Consider Proposed Ordinance No. 060511-10, awarding the renewal of the annual cleanup and mowing contract for the Health Department to Affordable Lawn Pros in the amount of $75,500. b) Consider Proposed Ordinance No. 060511-11, awarding the renewal of the annual wood grinding and material handling services contract to Novus Wood Group, L.P., in the amount of $250,000. c) Consider Proposed Ordinance No. 060511-12, accepting from San Jacinto Methodist Hospital a grant of a 0.0198-acre tract of land in the Harvey Whiting Survey, Abstract 840, Harris County, Texas, for the Sterling Municipal Library Facility. d) Consider Proposed Ordinance No. 060511-13, approving the Water Supply Contract – Treated Water between the Baytown Area Water Authority (“BAWA”) and Cindy Riley, d/b/a C&R Water Supply. e) Consider Proposed Ordinance No. 060511-14, amending Chapter 94 “Traffic and Vehicles,” Article IV “Specific Street Regulations,” Section 94-121, approving installation of a stop sign on Montana at the intersection of Arizona. Council Member Sheley moved to approve items 19a through 19e as presented. Council Member Renteria seconded the motion. Council Member Renteria thanked the Public Works Department for the installation of the much needed stop sign at the intersection of Montana and Arizona. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Page 16 of 18 Minutes of the Regular Session – May 11, 2006 ORDINANCE NO. 10,330 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF AFFORDABLE LAWN PROS FOR THE ANNUAL CLEANUP AND MOWING CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY-FIVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($75,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF NOVUS WOOD GROUP, L.P., FOR THE ANNUAL WOOD GRINDING AND MATERIAL HANDLING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING FROM SAN JACINTO METHODIST HOSPITAL A GRANT OF 0.0198-ACRE TRACT OF LAND IN THE HARVEY WHITING SURVEY, ABSTRACT 840, HARRIS COUNTY, TEXAS, FOR THE STERLING MUNICIPAL LIBRARY FACILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A WATER SUPPLY CONTRACT – TREATED WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND CINDY RILEY, D/B/A C&R WATER SUPPLY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE IV “SPECIFIC STREET REGULATIONS,” SECTION 94-121 “SCHEDULES ENUMERATED,” SCHEDULE VIII “DESIGNATION – STOP AND YIELD INTERSECTIONS,” OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF A STOP SIGN ON MONTANA STREET AT ITS INTERSECTION WITH ARIZONA STREET; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; Page 17 of 18 Minutes of the Regular Session – May 11, 2006 PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider appointment to the Tow Truck Committee (1). Council Member Renteria presented Rikki Wheeler as an appointee to the Committee. Council Member Capetillo presented Gary Cochran as an appointee to the Committee. With only one appointment to make, additional discussion is needed on this item. The item was tabled. Consider appointment to the Cedar Bayou Intermodal Transportation Task Force (1). Mayor Mundinger and City Manager Jackson explained there was one appointment to the West Chambers County Economic Development Foundation’s Cedar Bayou Intermodal Transportation Task Force. This task force 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. On April 27, 2006 Mayor Mundinger appointed Bo Cox to serve as his appoint to this taskforce. Council was informed they will need to make their appointment to serve this taskforce. Council Member Mahan presented Gary Englert as the Council appointee to serve this taskforce. 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. City Manager’s Report.  May 2-4, 2006 Hurricane Drill. City Manager Jackson explained that the exercise the City participated in on May 2–4, 2006, was State wide and included host cities as well as the coastal communities. He reviewed the various components of this successful exercise, noted some follow up items and the complexity of the issues addressed. The City will continue to educate the public. Council Member Mahan stated that he was impressed by the Baytown’s performance in this exercise. Page 18 of 18 Minutes of the Regular Session – May 11, 2006  Election Canvassing, May 24, 2006 at 10:00 a.m. City Manager Jackson reminded Council of the Election Canvassing.  Reminder: Central Counting Station for the May 13, 2006 Election - Goose Creek Consolidated ISD Board Conference Room, Admin. Bldg, 4544 I-10 East. City Manager Jackson reminded Council of the location of the Central Counting Station. Council Member Anderson moved to adjourn the meeting. 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. Adjourn. With no additional business the meeting adjourned at 8:25 p.m. _______________________________ Kelvin Knauf, Assistant City Manager