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2007 01 25 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 25, 2007 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on January 25, 2007, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Brandon Capetillo Council Member Sammy Mahan Council Member Lynn Caskey Council Member Don Murray Council Member Mercedes Renteria III Council Member Scott Sheley Council Member Stephen H. DonCarlos Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk This meeting was called to order by Mayor DonCarlos with a quorum present. Consider approval of the minutes for the Regular Council Meeting and the Work Session Meeting held on January 11, 2007. Motion By: Scott Sheley - City Council Member, District 2; Second By: Brandon Capetillo - City Council Member, District 3 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider Proposed Ordinance for the second reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as 2.8730 acre tract (123,151 square feet) of the George C, Davis Survey, A-1472 Baytown, Harris County, Texas and being all of three separate tracts of land with Tract 1 being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19 Highland Farms, and Tract 3 as TR 13G BLK19 Highland Farms. City Manager Jackson explained that the Proposed Ordinance for the second reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 2.8730 acre tract (123,151 square feet) out of the George C, Davis Survey, A-1472 Baytown, Harris County, Texas and being all of three separate tracts of land with Tract 1 being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19 Highland Farms, and Tract 3 as TR 13G BLK19 Highland Farms. This 2.8730 acre tract of land is one-half mile or less in width; is contiguous to the city limits of Baytown; is vacant and without residents and will be used for the construction of a Value Place Hotel. The property is Page 2 of 16 Minutes of the Regular Session Meeting— January 25, 2007 located on the south side of I-10 and to the east of Garth Road. City Council conducted the first and second public hearings for this annexation on the 9th day of November, 2006 with said notice being published in the October 30, 2006 issue of the Baytown Sun and posted on the City of Baytown’s website on October 27, 2006. The ordinance was discussed and approved as submitted. The caption appears as follows: ORDINANCE NO. 10,501 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 A 2.8730 ACRE TRACT (123,151 SQUARE FEET) OF THE GEORGE C. DAVIS SURVEY, A-1472, BAYTOWN, HARRIS COUNTY, TEXAS, AND BEING ALL OF THREE SEPARATE TRACTS OF LAND, WITH TRACT 1 BEING DESCRIBED AS TR 13H BLK 19 HIGHLAND FARMS, TRACT 2 AS TR 13E BLK 19 HIGHLAND FARMS, AND TRACT 3 AS TR 13G BLK 19, HIGHLAND ARMS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Lynn A. Caskey, II - City Council Member, District 5 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider Proposed Ordinance for placing the property annexed into the City of Baytown in the previous agenda item and being described as 2.8730 acre tract (123,151 square feet) of the George C, Davis Survey, A-1472 Baytown, Harris County, Texas and being all of three separate tracts of land with Tract 1 being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19 Highland Farms, and Tract 3 as TR 13G BLK19 Highland Farms in Council District 4. City Manager Jackson explained that the Proposed Ordinance places the property annexed into the City of Baytown in the previous agenda item and being described as 2.8730 acre tract (123,151 square feet) of the George C, Davis Survey, A-1472 Baytown, Harris County, Texas and being all of three separate tracts of land with Tract 1 being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19 Highland Farms, and Tract 3 as TR 13G BLK19 Highland Farms in Council District 4 . The ordinance was discussed and approved as submitted. The caption appears as follows: ORDINANCE NO. 10,527 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 2.8730 ACRE TRACT (123,151 SQUARE FEET) OF THE GEORGE C. DAVIS SURVEY, A-1472, BAYTOWN, HARRIS COUNTY, TEXAS, AND BEING ALL OF THREE SEPARATE TRACTS OF LAND, WITH TRACT 1 BEING DESCRIBED AS TR 13H BLK 19 Page 3 of 16 Minutes of the Regular Session Meeting— January 25, 2007 HIGHLAND FARMS, TRACT 2 AS TR 13E BLK 19 HIGHLAND FARMS, AND TRACT 3 AS TR 13G BLK 19, HIGHLAND FARMS TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Lynn A. Caskey, II - City Council Member, District 5 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider Proposed Ordinance approving a contract with Kimley-Horn and Associates, Inc. for professional services for the development of an Aquatic Facilities Master Plan. City Manager Jackson explained that the Proposed Ordinance approves a contract with Kimley- Horn and Associates, Inc. for $65,000 for professional services for the development of an Aquatic Facilities Master Plan. On November 3rd the Council A/E Selection Committee selected the team Kimley-Horn and Associates, Inc. and Counsilman-Hunsaker to provide professional services to do the study. The study will review existing pool condition at N.C. Foote Pool and the Wayne Gray Sports Complex Pool and make recommendations for renovations and upgrades. The study will also provide the potential utilization and feasibility of the construction/renovation of the aquatic facilities. The study will also provide needed layout and project cost estimates for the projects. Both N.C. Foote Pool and the Wayne Gray Sports Complex Pool were both constructed in 1973. During the 33 year that the facilities have been open; neither pool has had any major renovation or upgrades to the systems with the exception of some minor filter work at N.C. Foote Pool in 1990. The ordinance was discussed and approved as submitted. The caption appears as follows: ORDINANCE NO. 10,528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF AN AQUATIC FACILITIES MASTER PLAN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND AND NO/100 DOLLARS ($65,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motion By: Don Murray - City Council Member, District 4; Second By: Brandon Capetillo - City Council Member, District 3 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Page 4 of 16 Minutes of the Regular Session Meeting— January 25, 2007 Consider Proposed Ordinance approving the Baytown Area Water Authority's (BAWA) final payment and release of retainage to LEM Construction Co., Inc. and accepting the BAWA Expansion and Disinfection Improvements Project, Phase III. City Manager Jackson explained that the Proposed Ordinance approves Change Order No. Six, Baytown Area Water Authority's final payment of $168,866.81 to LEM Construction Co., Inc., and accepts the BAWA Expansion and Disinfection Improvements Project, Phase III. Change Orders One through Five for a credit of $19,505.77 was for miscellaneous changes in the scope of work. Change Order No. Six for an additional credit of $76,377.24 is for back charges for various work items contained within the contract. In addition, there is a restoration adjustment for a net credit of $37,481.95 as there were work items within the contract that were not needed. The original contract amount was for $4,792,100. Therefore, the final contract amount is $4,658,735.04, which is a savings of 2.78 percent from the original contract amount. The contractor finished the project with satisfactory workmanship. This project was funded through BAWA Revenue Bonds and BAWA CIPF. The BAWA Board convened on January 17, 2007 and approved/accepted the project. The ordinance was discussed and approved as submitted. The caption appears as follows: ORDINANCE NO. 10,529 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BAYTOWN AREA WATER AUTHORITY’S FINAL PAYMENT TO LEM CONSTRUCTION CO., INC., IN THE AMOUNT OF ONE HUNDRED SIXTY-EIGHT THOUSAND EIGHT HUNDRED SIXTY-SIX AND 81/100 DOLLARS ($168,866.81) FOR THE BAWA EXPANSION AND DISINFECTION IMPROVEMENTS PROJECT, PHASE III; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motion By: Sammy Mahan - City Council Member, District 6 ; Second By: Scott Sheley - City Council Member, District 2 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider Proposed Ordinance approving final payment to PM Construction & Rehab L.P., and accepting the 2006 Annual Sanitary Sewer Rehabilitation Project. City Manager Jackson explained that the Proposed Ordinance approves final payment of $76,335.16 to PM Construction & Rehab L.P. (PM) and accepting the 2006 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 $981,777.28. The contractor’s workmanship was satisfactory and each work order was completed within the assigned time limits. This project was funded by 1998 and 2000 Certificates of Obligation Bonds. The ordinance was discussed and approved as submitted. The caption appears as follows: Page 5 of 16 Minutes of the Regular Session Meeting— January 25, 2007 ORDINANCE NO. 10,530 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2006 ANNUAL SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTY-SIX THOUSAND THREE HUNDRED THIRTY-FIVE AND 16/100 DOLLARS ($76,335.16) TO PM CONSTRUCTION & REHAB L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motion By: Brandon Capetillo - City Council Member, District 3 ; Second By: Lynn A. Caskey, II - City Council Member, District 5 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider Proposed Ordinance authorizing the issuance of $13,000,000 City of Baytown Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007. Drew Masterson reported on the results of the sale. He presented Council a report with these results and Drew Masterson reported on the results of the sale. He presented Council a report with these results and introduced to Council his Staff and others that appeared with him. He explained that Tab One has a summary of the bids. There were five (5) bids received with the low bid being Coastal Securities. Mr. Masterson explained that the bids were tight which inidcates the City's credit is well understood. Tab 2 shows the detail of the winning bid. Tab 3 shows the histroy of sales. Tab 4 shows the bond buyer index, which is a long term index. The rating reports were very good and the industrial districts are reflected in the reports which are very important when looking at the debt. Mr. Master explained that his firm will have a few recommendations that Council may want to consider for the future. For an example he told Council that they may want to consider approving a debt policy. He told Council that his firm will put together a list of recommendation for review. The ordinance was discussed and approved as submitted. The caption appears as follows: ORDINANCE NO. 10,531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF $13,000,000 CITY OF BAYTOWN, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motion By: Mercedes Renteria, III - City Council Member, District 1; Second By: Brandon Capetillo - City Council Member, District 3 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Page 6 of 16 Minutes of the Regular Session Meeting— January 25, 2007 Consider Proposed Ordinance approving a Resolution of the Baytown Area Water Authority authorizing the issuance of Baytown Area Water Authority Water Supply Contract Revenue Refunding Bonds, Series 2007. City Manager Jackson explained that the Proposed Ordinance approves a Resolution of the Baytown Area Water Authority authorizing the issuance of Baytown Area Water Authority Water Supply Contract Revenue Refunding Bonds, Series 2007. The resolution was approved by the BAWA Board at their regular meeting on January 17, 2007. Drew Masterson explained tab 5 of the report which is a refunding summary given on a parameter basis. The ordinance was discussed and approved as submitted. The caption appears as follows: ORDINANCE NO. 10,532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A RESOLUTION AUTHORIZING THE ISSUANCE OF BAYTOWN AREA WATER AUTHORITY WATER SUPPLY CONTRACT REVENUE REFUNDING BONDS, SERIES 2007 (CITY OF BAYTOWN PROJECT); ACCEPTING THE TERMS AND CONDITIONS OF SUCH RESOLUTION; PROVIDING FOR CONTINUING DISCLOSURE WITH RESPECT TO SUCH BONDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Don Murray - City Council Member, District 4 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider Proposed Resolution recommending that Cedar Bayou be managed by a single entity comprised of stakeholders, accountable to Chambers County Commissioners Court and the City of Baytown and supporting legislation be introduced to accomplish that goal. Calvin Mundinger, Chairman of the Cedar Bayou Intermodal Transportation Task Force (Task Force) appeared to address Council on this item. The Task Force through its research has two recommendations: (1) there needs to be a single entity to regulate the navigable waters of Cedar Bayou and (2) the City of Baytown has a common border and needs to have a voice. Mr. Mundinger addressed the letter that John Rocco, Chairman of the Chambers County Cedar Bayou Navigation District sent to Jimmy Sylvia. Mr. Mundinger explained that the word "they" used in the first paragraph on page two of Mr. Rocco's letter refers to the Task Force. He went on by reading the 2nd paragraph on page 2. He stated to imply that the City of Baytown is an outsider is insulting. He showed a map where there many acres are in the Baytown ETJ which shows a Baytown economic interest. The Task Force has had numerous meetings with Mr. Rocco and Mr. Mundinger does not understand why he would write such a letter. Page 7 of 16 Minutes of the Regular Session Meeting— January 25, 2007 Discussion was had about the make up of the Chambers County Board. Mr. Shields with the EDF explained that the members are large land owners. It was pointed out that Mr. Rocco's letterhead shows that Mr. Rocco lives in Kingwood, Texas. Mr. Mundinger explained that the Chamber County Commissioners passed a Resolution that there will be Baytown representation. However, in light of this letter, Mr. Mundinger wants to be specific and set out two Baytown representatives with voting power. The mayor explained that he had conversed with Mr. Rocco who stated that this letter does not reflect Mr. Rocco's views but the views of his Board and that Mr. Rocco has communicated that he was leery of the Chamber's County Board being referred to as Bayer's Board. Mr. Rocco also stated that he did not think that Bayer was interested in dredging and that the Core of Engineers was interested in the dredging. The Mayor explained to him that the City of Baytown does have an interest in controlling the Bayou and we should not have to charge our citizens a tax to have a say so in something in which we own half. We do not want a heavy industrial west bank and hope for a centralized barge terminal. Mr. Rocco said their Board understands the recreational aspect that Baytown is concerned with. He is also okay with expanding the Board to seven members. However, he did not want two politicians deciding the Chairman of the Board. Mr. Mundinger pointed out that a reasonable solution would be the Chambers County Judge make the appointment but he/she consult with the Mayor of Baytown. The elected officials making the appointment insure accountability. Mr. Mundinger gave an update about the Commissioner's Court meeting held on January 23. He said the Commissioners' heard from the Chambers County Board's Attorney and the Commissioner's tabled the issue until Task Force could meet with the Court. He turned the program over to Mike Shield to discuss some legislative issues being proposed. Mr. Shield addressed Council to explain the legislation. His bill is to amend existing legislation. He explained that the amendment seeks to foster economic growth and to protect the quality of life of the region's citizens along Cedar Bayou, it is imperative that a single entity be endowed with the responsibility authority and accountability for guiding, designing and implementing both public and private projects involving water bourn and intermodal commerce on Cedar Bayou stream south of the Highway 146 Bridge to the Houston Channel. Discussion was had if two representatives on the Board from Baytown would be enough representation for our City. Mr. Mundinger addressed the question by explaining the assessment zone and how it factors into the representation issue. Mr. Mundinger went on to speak about the Resolution he is presenting, which he read aloud. Mr. Jackson explained that the revised Resolution has some language that refers to de-annexation that may be problematic. Ignacio Ramirez, City Attorney, addressed the areas of this Resolution that should be changed and explained why they should be updated. Council considered the amended Resolution as follows: The resolution was discussed and approved as amended. The caption appears as follows: Page 8 of 16 Minutes of the Regular Session Meeting— January 25, 2007 RESOLUTION NO. 1831 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING (I) THE EXTENSION OF AUTHORITY AND JURISDICTION OF THE CHAMBER COUNTY-CEDAR BAYOU NAVIGATION DISTRICT; (II) DISANNEXATION OF CERTAIN PROPERTY FROM THE CHAMBERS COUNTY-LIBERTY COUNTY NAVIGATION DISTRICT; (III) EXPANSION OF THE EXISTING BOARD OF DIRECTORS OF THE CHAMBER COUNTY-CEDAR BAYOU NAVIGATION DISTRICT FROM FIVE TO SEVEN, AND (IV) SUPPORTING LEGISLATION BE INTRODUCED TO ACCOMPLISH SUCH GOAL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motion By: Sammy Mahan - City Council Member, District 6; Second By: Brandon Capetillo - City Council Member, District 3 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider Proposed Resolution accepting a grant from the Texas Parks and Wildlife Department from the Texas Recreational Trails Fund for approximately one mile of new decomposed granite trails and associated features for the interior of the Baytown Nature Center. City Manager Jackson explained that the Proposed Resolution accepts a $61,878.90 grant from the Texas Parks and Wildlife Department from the Texas Recreational Trails Fund for approximately one mile of new decomposed granite trails through the interior of the Baytown Nature Center. The total of the 80/20 grant is $77,348.62. The city’s $15,469.72 or 20% portion of the project will be financed by providing in kind labor and equipment as the local match. The grant will pay for the needed materials to build the trail, benches, and a roof over an existing observation deck overlooking the freshwater pond. Staff applied for the grant in May 2006 and was awarded the grant at the August Texas Parks and Wildlife Department’s Commissioner meeting. However, final approval of the project was temporally delayed because of archeological concerns. The Texas Historical Commission approved the project for construction in November. The trail will begin at the newly constructed Entry building and will lead into the center and west side of the Baytown Nature Center. Staff plans to begin construction immediately. The project is scheduled to be completed sometime next fall. The resolution was discussed and approved as amended. The caption appears as follows: RESOLUTION NO. 1832 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT’S TEXAS RECREATIONAL TRAIL PROGRAM FUND FOR APPROXIMATELY ONE MILE OF NEW DECOMPOSED GRANITE TRAILS AND RELATED IMPROVEMENTS IN THE BAYTOWN NATURE CENTER IN AN AMOUNT OF SIXTY-ONE THOUSAND EIGHT HUNDRED SEVENTY-NINE AND Page 9 of 16 Minutes of the Regular Session Meeting— January 25, 2007 NO/100 DOLLARS ($61,879.00); AUTHORIZING AN IN-KIND MATCH OF FIFTEEN THOUSAND FOUR HUNDRED SEVENTY AND NO/100 DOLLARS ($15,470.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motion By: Don Murray - City Council Member, District 4; Second By: Mercedes Renteria, III - City Council Member, District 1 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider approval of plans and specifications and authorizes advertisement to take bids for the Pruett Estates Sanitary Sewer Rehabilitation Project. City Manager Jackson explained that this item approves plans and specifications and authorizes advertisement for the Pruett Estates Sanitary Sewer Rehabilitation Project. The scope of work for the project includes rehabilitation work primarily using the pipe bursting method to rehabilitate approximately 17,200 linear feet of sanitary sewer lines ranging in size from eight-inch to 18- inch diameter pipe. The estimated construction cost for this project is $1,100,000. The total budget is $1,000,000. Therefore, the bid form will reflect alternate bid items to maximize use of available funds. The construction duration is 120 calendar days. 2006 and 2007 Certificates of Obligation Bonds will fund this project. The pre-bid conference and the bid opening are scheduled to take place on February 9th and February 16th, respectively. The award of a construction contract should be in March. Motion By: Scott Sheley - City Council Member, District 2; Second By: Lynn A. Caskey, II - City Council Member, District 5 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider approval plans and specifications and authorizes advertisement to take bids for the Baker Road Sanitary Sewer Extension Project. City Manager Jackson explained that this item approves plans and specifications and authorizes advertisement for the Baker Road Sanitary Sewer Extension Project. The scope of work for the project includes the installation of new gravity sanitary sewer lines south from the intersection of North Main and Baker Road and north from Meridian Estates. The gravity system will then traverse east through an existing 16-foot utility easement to a Harris County Flood Control District, ditch. At this point, a lift station will be constructed and the line will cross the ditch to outfall into the existing gravity system on the east side. This project will accommodate future growth and development within the service area of Baker Road and North Main. The estimated construction cost for this project is $1,420,000, which includes a ten percent contingency. The construction duration is 365 calendar days and 2007 MDD funds and 1998 and 2004 Certificates of Obligation Bonds will fund this project. Page 10 of 16 Minutes of the Regular Session Meeting— January 25, 2007 Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Lynn A. Caskey, II - City Council Member, District 5 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Discuss and take appropriate action regarding compensation for City Manager. No action was taken on this item. Discuss and take appropriate action regarding compensation for Municipal Court Judge. Having had the Municipal Court Judge's employee evaluation in executive session, Council approved a 6% merit increase in the Municipal Court Judge's annual salary as follows: Motion By: Sammy Mahan - City Council Member, District 6; Second By: Lynn A. Caskey, II - City Council Member, District 5 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 CONSENT Consider Proposed Ordinance authorizing the City Manager to execute an intergovernmental service agreement with the Houston-Galveston Area Council to provide regional law enforcement training and instructional classes for the period of September 1, 2006 through August 31, 2007. The Proposed Ordinance authorizes the City Manager to execute an intergovernmental service agreement with the Houston-Galveston Area Council to provide regional law enforcement training and instructional classes for the period of September 1, 2006 through August 31, 2007. As remuneration for these services, the Houston-Galveston Area Council shall pay the City of Baytown the sum of THIRTY-FIVE THOUSAND NINE HUNDRED FIFTY DOLLARS ($35,950). All classes shall be conducted and taught by City of Baytown police officers at the City of Baytown Police Academy located at 3200 North Main. The ordinance was approved without discussion on the consent agenda motion of Council Member Scott Sheley. The caption appears as follows: ORDINANCE NO. 10,533 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL SERVICE AGREEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE CITY OF BAYTOWN POLICE DEPARTMENT TO PROVIDE REGIONAL LAW Page 11 of 16 Minutes of the Regular Session Meeting— January 25, 2007 ENFORCEMENT TRAINING AND INSTRUCTIONAL CLASSES FOR THE PERIOD OF SEPTEMBER 1, 2006, THROUGH AUGUST 31, 2007, FOR THE SUM OF THIRTY-FIVE THOUSAND NINE HUNDRED FIFTY AND NO/100 DOLLARS ($35,950.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motion By: Scott Sheley - City Council Member, District 2; Second By: Brandon Capetillo - City Council Member, District 3 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider Proposed Ordinance authorizing the Annual Cisco Smartnet (hardware and software) maintenance agreement with Calence, LLC, for the period of January 4, 2007 through January 3, 2008. The Proposed Ordinance authorizes the Annual Cisco Smartnet (hardware and software) maintenance agreement with Calence, LLC, for the period of January 4, 2007 through January 3, 2008 in the amount of $40,904.92. This agreement provides for annual hardware and software maintenance for all of the City's network switches, routers, bridges and the Voice-Over-IP telephone system. Calence is a CISV vendor (1203791623100) on the state contract. The ordinance was approved without discussion on the consent agenda motion of Council Member Scott Sheley. The caption appears as follows: ORDINANCE NO. 10,534 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY THOUSAND NINE HUNDRED FOUR AND 92/100 DOLLARS ($40,904.92) TO CALENCE, LLC, FOR THE ANNUAL CISCO SMARTNET (HARDWARE AND SOFTWARE) MAINTENANCE AGREEMENT FOR THE PERIOD OF JANUARY 4, 2007, THROUGH SOFTWARE) MAINTENANCE AGREEMENT FOR THE PERIOD OF JANUARY 4, 2007, THROUGH JANUARY 3, 2008; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motion By: Scott Sheley - City Council Member, District 2; Second By: Brandon Capetillo - City Council Member, District 3 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider Proposed Ordinance awarding the annual lifeguard services contract. The Proposed Ordinance awards the annual lifeguard services contract to the YMCA of Greater Page 12 of 16 Minutes of the Regular Session Meeting— January 25, 2007 Houston-Baytown in the amount of $60,448. Invitations to bid were sent to seven suppliers and one bid and one no-bid were received. This contract is for lifeguard services and day-to-day pool operation for two (2) pools, N. C. Foote Pool, and Sports Complex Pool, for the 2007 swim season. Contractor shall have exclusive responsibility for managing and operating the two swimming pools for the City of Baytown. Responsibilities include: maintaining proper PH and Chlorine levels; collection of daily admission fees; pool and janitorial maintenance; and provision of proper staffing for all operations, including pool. The YMCA has handled this contract for the past four years and has performed very well. Last year’s contract was $60,706.20. This contract is $258.20 less than last year’s contract. The ordinance was approved without discussion on the consent agenda motion of Council Member Scott Sheley. The caption appears as follows: ORDINANCE NO. 10,535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF YMCA OF THE GREATER HOUSTON AREA D/B/A BAYTOWN FAMILY YMCA FOR THE ANNUAL LIFEGUARD SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY THOUSAND FOUR HUNDRED FORTY-EIGHT AND NO/100 DOLLARS ($60,448.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motion By: Scott Sheley - City Council Member, District 2; Second By: Brandon Capetillo - City Council Member, District 3 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider Proposed Ordinance awarding the annual printing and mailing of utility bills contract. The Proposed Ordinance awards the annual printing and mailing of utility bills contract to Data Prose in the amount of $30,780.12. Total award of contract is based on the best value for the City and includes one-time setup fees and notification of address change. For evaluation purposes, bid is based on total cost per letter bill mailed. Estimated monthly cost for mailing of utility bills will be $2,090. Invitations to bid were sent to five suppliers and two responses were received. The ordinance was approved without discussion on the consent agenda motion of Council Member Scott Sheley. The caption appears as follows: ORDINANCE NO. 10,536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DATAPROSE FOR THE ANNUAL OUTSOURCING OF UTILITY BILLS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF Page 13 of 16 Minutes of the Regular Session Meeting— January 25, 2007 BAYTOWN, THE SUM OF THIRTY THOUSAND SEVEN HUNDRED EIGHTY AND 12/100 DOLLARS ($30,780.12); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motion By: Scott Sheley - City Council Member, District 2 ; Second By: Brandon Capetillo - City Council Member, District 3 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider Proposed Ordinance awarding the bid for the purchase of NOPTIC Thermal Imager units. The Proposed Ordinance awards the bid for the purchase of 14 NOPTIC Thermal Imager units from Autoliv, Inc. Night Vision Product Group. These units mount onto police patrol units enabling greater visibility of persons or items that are hidden in darkness. This award will be paid for through the 2005 Buffer Zone Protection Grant that was awarded to the City Of Baytown in July 2006. The ordinance was approved without discussion on the consent agenda motion of Council Member Scott Sheley. The caption appears as follows: ORDINANCE NO. 10,537 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF FIFTY-THREE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($53,200.00) TO AUTOLIV INC., AS THE SOLE SOURCE FOR NOPTIC THERMAL IMAGER UNITS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Motion By: Scott Sheley - City Council Member, District 2; Second By: Brandon Capetillo - City Council Member, District 3 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider appointment to the Community Development Advisory Committee (1). This item is not ready. Consider appointment to the Board of Adjustments (Zoning) (1). This item is not ready. Page 14 of 16 Minutes of the Regular Session Meeting— January 25, 2007 Consider appointment to the Tow Truck Committee (1). This item is not ready. Consider appointment to the Planning and Zoning Commission (1). Council Member Mahan nominated Mike Chatham to serve a two year term to begin on the 1st day of January 2007 and end on the 31st day of December 2009. Motion By: Sammy Mahan - City Council Member, District 6; Second By: Don Murray - City Council Member, District 4 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider appointment to the Southeast Texas Housing Finance Corporation Board (1). Mr. Daniel Sandoval has served as the City of Baytown's appointment to this Board and his current term Mr. Daniel Sandoval has served as the City of Baytown's appointment to this Board and his current term will expire on January 26, 2007. Mr. Sandoval desires reappointment. Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Mercedes Renteria, III - City Council Member, District 1 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 Consider confirmation of the Mayor’s appointment of the resident member to the Baytown Housing Authority Board (1). This items was not ready. Consider confirmation of the Mayor’s appointment of the resident member to the Baytown Housing Finance Corporation Board (1). This item was not ready. Receive the announcement of the Mayor’s appointment to the Harris-Galveston Subsidence District. Mayor DonCarlos announced Fritz Lanham as his appointment to the Harris-Galveston Subsidence District. Page 15 of 16 Minutes of the Regular Session Meeting— January 25, 2007 Recess into and conduct an executive session pursuant to Government Code, Section 551.074, for the evaluation of the City Manager and the Municipal Court Judge. Mayor DonCarlos announced at 7:55 p.m. that Council would recess into a closed session under Sub Chapter D Government Code 551.074, employee evaluations. Mayor DonCarlos re-convened the regular meeting at 8:37 p.m. and announced that no action was taken in the executive session. Manager’s Report Mr. Jackson announced that he would be leaving his post as City Manager of the City of Baytown effective March 2, 2007. He told the Council that he has enjoyed his work with the City and the Community and the dedicated public officials, staff and business leaders. He feels fortunate to have served the City and with his combined roles he has served a total of 4 and 1/2 years. He told Council are great things in store for the City and would like to believe that he had some influence in setting the frame work and infrastructure that currently exists in the City. He is proud of this infrastructure. When he first arrived in Baytown, this area was one that needed attention. Mr. Jackson told Council that he will take a position as Assistant City Manager in a City close by but will continue to live in the City of Baytown. Council and Staff thank Mr. Jackson for his service and commended him on his accomplishments at Baytown as well as his vast knowledge of municipal government and operations. Departmental Presentations from the Human Resources Department and the Legal Department. Mr. Jackson explained to Council that each month the departments throughout the city will give a report in order to give Council and the viewing public an overview about the services the City provides and the work that City Staff completes. This month's Departmental Presentations are from the Human Resources Department and the Legal Department. Alison Smith, the Director of Human Resources gave the report for her department. She began by telling Council that she and her staff serve three categories of employees: collective bargaining, civil service and general. Her overview of departmental services covered the following 12 areas: 1. The Department's Mission 2. The Department's Purpose 3. The Organizational Chart 4. The Employment Process 5. Compensation and Benefits 6. Training and Development 7. Employee Relations Page 16 of 16 Minutes of the Regular Session Meeting— January 25, 2007 8. Internal Consultant to Supervisors on Management Practices 9. Risk Management 10. Safety Division 11. Civil Service Administration Compliance 12. Collective Bargaining Administration Compliance Ignacio Ramirez, the City Attorney, gave the report for his department. He covered the following areas concerning his department: 1. The Department's Mission 2. The Department's Purpose 3. The Organizational Chart 4. The Number of Ordinances Prepared Since 2002 through 2006 5. The Number of Resolutions Prepared Since 2002 through 2006 6. The Number of Prosecutions in Municipal Court 7. A Subrogation Chart showing 5 years of collections 8. Certified Law Office Award from the Texas City Attorney's Association 9. The Core/Current Services were explained Adjourn With no additional business the meeting adjourned at 9:10 p.m. Motion By: Scott Sheley - City Council Member, District 2; Second By: Lynn A. Caskey, II - City Council Member, District 5 7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District 1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member, District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council Member, District 5, Sammy Mahan - City Council Member, District 6 ______________________________ Lorri Coody, City Clerk