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2007 03 08 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 8, 2007 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on March 8, 2007, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Brandon Capetillo Council Member Scott Sheley Council Member Sammy Mahan Council Member Don Murray Council Member Lynn A. Caskey, II Council Member Mercedes Renteria, III Council Member Stephen H. DonCarlos Mayor Robert D. Leiper Interim City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk Mayor DonCarlos called the Regular Session of Council to order at 6:35 p.m. with a quorum of Council present. MINUTES Consider approval of the minutes for the Regular Session meeting and Work Session meeting held on February 22, 2007 and the Special Session Meeting held on February 13, 2007. Council Member Capetillo moved to approve the ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. CITIZENS COMMUNICATIONS AND RECOGNITIONS Mrs. Melinda S. Hay has requested to address Council to resolve a complaint related, in part, to the property located on North Main Street. Mrs. Melinda S. Hay addressed Council to report a complaint related, in part, to the property located on North Main Street. She introduced herself and stated that she owned the commercial property at 1504 North Main Street. She gave background information on the property and stated that about 4 years ago she had the building on this property leased and she had locked the tenants out of the building due to Page 2 of 13 Minutes of the Regular Session Meeting— March 8, 2007 activities by the tenants on the property that she believed to be against the law. She stated that once she had locked the tenants out of the leased building, she was told by City staff she had no legal right to take such action. Accordingly, she stated she gave the tenants access to the building and they brought in hazardous chemicals and destroyed her property value. As a result, she mentioned that she became known as one of the Dirty Dozen and her home was on the list of unwanted properties in Baytown. She wants the City to pay her expenses and reimburse her for her loss. Her total request is for $409,244. There was no discussion on this item. Mrs. Jo Ann Ford has requested to address Council regarding the demolition of the Taft Circle Apartments. Mrs. Jo Ann Ford addressed Council regarding the demolition of the Taft Circle Apartments. She stated that she wants Taft Circle Apartments demolished and that she represents the Plumwood Subdivision. Ms. Ford reported to Council that there are wild animals, vagrants and trash all around the apartments and she wants them destroyed. The rehab work being done on the apartments is shabby, the roofing materials are being thrown into neighborhood yards, and citizens are getting flat tires. She reported safety issues and just does not understand why Council has given these apartments so many chances and why Council thinks the City of Baytown needs these apartments when nothing ever changes. Interim City Manager Leiper reported that the City had the pre-bid on the demolition and the bids will open on April 4, 2007. There was no discussion on this item. PUBLIC HEARINGS Conduct the first public hearing on the proposed annexation submitted by Mohamed Aziz Momin, owner, of the 10.8162 acre tract of land being out of Lot 5 of the subdivision on the George Ellis Survey, Abstract No. 21 in Harris County, Texas and being a part of that certain called 20.971 acre tract described in Deed recorded in Clerk’s File No. L330578 Deed Records of Harris County, Texas. Mayor DonCarlos opened the public meeting on this annexation at 6:47 p.m. Interim City Manager Leiper explained that this 10.8162 acre tract of land is contiguous to the city limits of Baytown; is vacant and without residents and will be used as follows:  20,000 SQ FT of Retail Center  20,000 SQ FT of Office Plaza and  200 Rooms Motel He told Council that the property is located near the intersection of I-10 and Garth Road. With no one signing up to speak at this hearing, Mayor DonCarlos closed the meeting at 6:49 p.m. Conduct the second public hearing on the proposed annexation submitted by Mohamed Aziz Page 3 of 13 Minutes of the Regular Session Meeting— March 8, 2007 Momin, owner, of the 10.8162 acre tract of land being out of Lot 5 of the subdivision on the George Ellis Survey, Abstract No. 21 in Harris County, Texas and being a part of that certain called 20.971 acre tract described in Deed recorded in Clerk’s File No. L330578 Deed Records of Harris County, Texas. Mayor DonCarlos opened the public meeting on this annexation at 6:50 p.m. With no one signing up to speak at this hearing, Mayor DonCarlos closed the meeting at 6:51 p.m. BUSINESS ITEMS Proposed Ordinances Consider proposed Ordinance awarding a construction contract for the Pruett Estates Sanitary Sewer Rehabilitation Project. Interim City Manager Leiper explained that the Proposed Ordinance awards a construction contract in the amount of $920,594.25 to PM Construction & Rehab., L.P. for the Pruett Estates Sanitary Sewer Rehabilitation Project. The scope of work includes sewer rehabilitation of approximately 17,200 linear feet of pipe bursting for the installation of new 8, 10, 12, and 18-inch diameter HDPE pipe. The project duration is 120 days. The total estimated construction cost for this project was $1,100,000. Due to the budget of $1,000,000, this project was bid with a base bid and alternate bid items. The base bid totaled $815,388.75 and the alternate total was $105,205.50 for a total of $920,594.25. Therefore, we recommend awarding the project with the base bid and alternate bid items in the amount of $920,594.25. This project was designed in-house by the Engineering Department. Council Member Sheley moved to approve the ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,558 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 PRUETT ESTATES SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED NINE HUNDRED TWENTY THOUSAND FIVE HUNDRED NINETY-FOUR AND 25/100 DOLLARS ($920,594.25); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 4 of 13 Minutes of the Regular Session Meeting— March 8, 2007 Consider Proposed Ordinance awarding a construction contract for the Baker Road Sanitary Sewer Extension Project. Interim City Manager Leiper explained that the Proposed Ordinance awards a construction contract in the amount of $ 954,821.00 to Jimerson Underground, Inc. 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 pumping station will be constructed and cross the ditch and 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 was $1,420,000, which included a ten percent contingency. The construction duration is 365 calendar days. MDD sales tax proceeds along with 1998 and 2004 Certificates of Obligation will fund this project. All easements are in place. Council Member Sheley moved to approve the ordinance. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,559 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 JIMERSON UNDERGROUND, INC., FOR THE BAKER ROAD SANITARY SEWER EXTENSION PROJECT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED NINE HUNDRED FIFTY-FOUR THOUSAND EIGHT HUNDRED TWENTY-ONE AND NO/100 DOLLARS ($954,821.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance, contingent upon a state-wide election being held on the 12th day of March 2007, concerning a constitutional amendment as proposed in Senate Joint Resolution No. 13, repealing Ordinance No. 10,549 and orders the Municipal Election to be held on the 12th day of May 2007, for the purpose of electing one Council Member each from District Numbers One, Two and Three. Interim City Manager Leiper explained that the Proposed Ordinance is contingent upon a state-wide election being held on May 12, 2007 for a constitutional amendment as proposed in Senate Joint Resolution No. 13. He reminded Council that on February 22, 2007, Ordinance No. 10,549 was passed which ordered the municipal election to be held on the 12th day of May, 2007, for the purpose of electing Council Members from District Nos. One, Two and Three. Since such time, a state-wide election has been proposed for May 12, 2007, concerning a constitutional amendment authorizing the Page 5 of 13 Minutes of the Regular Session Meeting— March 8, 2007 State Legislature to provide for a reduction of the limitation on the total amount of ad valorem taxes that may be imposed for public school purposes on the residence homesteads of the elderly or disabled to reflect any reduction in the rate of those taxes for the 2006 and 2007 tax years. Due to the high demand on election equipment and personnel and for efficiency in government, the Council has authorized the City to enter into joint election agreement with Harris and Chambers Counties to conduct its May 12th municipal election should a state-wide election be held. Since the joint election with the counties affects many of the provisions contained in Ordinance No. 10,549, this proposed ordinance repeals such former ordinance and calls the municipal election again. As such, this proposed ordinance establishes procedures for holding the election; locations for polling places; orders all necessary notices and actions; establishes the location for central counting, and provides for early voting hours and early voting ballot board, and provides for a run-off of June 16, 2007, if necessary. Early voting will take place from April 30 through May 8, 2007. ORDINANCE NO. 10,560 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINGENT UPON A STATE-WIDE ELECTION BEING HELD ON THE 12TH DAY OF MAY, 2007, CONCERNING A CONSTITUTIONAL AMENDMENT AS PROPOSED IN SENATE JOINT RESOLUTION NO. 13, REPEALING ORDINANCE NO. 10,549, WHICH CALLED THE MUNICIPAL ELECTION TO BE HELD ON THE 12TH DAY OF MAY, 2007, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS FROM DISTRICT NOS. ONE, TWO AND THREE; ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 12TH DAY OF MAY, 2007, FOR THE PURPOSES OF ELECTING COUNCILMEMBERS FROM DISTRICT NOS. ONE, TWO AND THREE; ESTABLISHING A DATE FOR A RUNOFF ELECTION; DESIGNATING THE MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; ESTABLISHING CERTAIN PROVISIONS RELATED THERETO; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Capetillo moved to approve the ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Consider Proposed Ordinance, contingent upon a state-wide election being held on the 12th day of March 2007, concerning a constitutional amendment as proposed in Senate Joint Resolution No. 13, repealing Ordinance No. 10,548 and calling a May 12, 2007 special election in accordance with Article X, Section 104 of the Charter of the City of Baytown submitting to the electors a proposed initiative ordinance which repeals the current smoking ordinance and adopts a new Chapter 42 “Health and Sanitation”, Article III “Smoking” that reinstates the previous smoking ordinance. Page 6 of 13 Minutes of the Regular Session Meeting— March 8, 2007 Interim City Manager Leiper explained that the Proposed Ordinance is contingent upon a state-wide election being held on May 12, 2007 for a constitutional amendment as proposed in Senate Joint Resolution No. 13. He reminded Council that on February 22, 2007, Council passed Ordinance No. 10,548, which ordered the special election be held on the 12th day of May, 2007, for the purposed initiative ordinance. Since such time, a state-wide election has been proposed for May 12, 2007, concerning a constitutional amendment authorizing the State Legislature to provide for a reduction of the limitation on the total amount of ad valorem taxes that may be imposed for public school purposes on the residence homesteads of the elderly or disabled to reflect any reduction in the rate of those taxes for the 2006 and 2007 tax years. Due to the high demand on election equipment and personnel and for efficiency in government, the Council has authorized the City to enter into joint election agreements with Harris and Chambers Counties to conduct its May 12th special election should a state-wide election be held. Since the joint election with the counties affects many of the provisions contained in Ordinance No. 10,548, this proposed ordinance repeals such former ordinance and calls the special election again. Pursuant to State law, the last day to call a May election is March 12, 2007 making this Council Meeting the last meeting before the deadline for action. ORDINANCE NO. 10,561 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINGENT UPON A STATE-WIDE ELECTION BEING HELD ON THE 12TH DAY OF MAY, 2007, CONCERNING A CONSTITUTIONAL AMENDMENT AS PROPOSED IN SENATE JOINT RESOLUTION NO. 13, REPEALING ORDINANCE NO. 10,548, WHICH CALLED A SPECIAL ELECTION FOR THE INITIATIVE SMOKING ORDINANCE; ORDERING A SPECIAL ELECTION TO BE HELD ON THE 12TH DAY OF MAY, 2007, FOR THE PURPOSES OF SUBMITTING TO THE ELECTORS THE PROPOSED INITIATIVE ORDINANCE, WHICH REPEALS THE CURRENT SMOKING ORDINANCE AND ADOPTS A NEW CHAPTER 42 “HEALTH AND SANITATION,” ARTICLE III “SMOKING” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, THAT REINSTATES THE PREVIOUS SMOKING ORDINANCE; DESIGNATING THE MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; ESTABLISHING CERTAIN PROVISIONS RELATED THERETO; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss and take appropriate action regarding the selection of an Executive Search Firm to assist with recruitment of a new City Manager. Interim City Manager Leiper explained that City Council requested the solicitation of proposals from three of the top executive search firms. Accordingly, proposals were requested from the Mercer Group (not related to the previous City Manager Monte Mercer), PARS and Waters-Oldani. Alison Froehlich Smith, Director of Human Resources, explained the solicitation process, the three proposals received and her recommendation. The background information on the proposals is as follows: Page 7 of 13 Minutes of the Regular Session Meeting— March 8, 2007 MERCER They have conducted City Manager recruitments for the Texas municipalities of Austin, Bryan, College Station, Temple and numerous other city officials. They will conduct a Myers-Briggs analysis of the candidate if desired. Their satisfaction policy is limited to a 12 month period. Their headquarters is located in Santa Fe, New Mexico. Their total fee is $16,500, not including travel expenses for job candidates to Baytown. PARS They have conducted City Manager recruitments for the Texas municipalities of Arlington, Austin, Colleyville, Dallas, Denton, DeSoto, Fort Worth, Garland, Grapevine, Haltom City, Orange, and Wichita Falls. They are currently conducting City Manager recruitment in Longview. Their satisfaction policy is limited to a 12 month period. They will conduct a Myers-Briggs analysis of the candidate if desired. Their headquarters is located in Chicago, Illinois. Their fees are as follows (not including candidate travel to Baytown):  Professional fee $14,500  Reimbursable expenses (consultant travel, $4,500 postage/shipping, telephone/fax, office support services, printing/photocopy)  Education verification and $125 per Finalist Candidate court/credit/motor vehicle records searches  Print media searches (Lexis-Nexis) $40 per Finalist Candidate  Optional services: o Conduct of focus groups (see step 1 above) $800 per day, per Consultant involved o Myers-Briggs testing (see step 10 above) $200 per Candidate WATERS-OLDANI They have conducted City Manager recruitments for the Texas municipalities of Abilene, Allen, Beaumont, Brownsville, Brownwood, Cameron, Carrollton, Corpus Christi, Denton, Huntsville, Irving, Kerrville, Kilgore, Midland, Missouri City, Mont Belvieu, Pearland, Plano, and Round Rock. They have a triple guarantee that other firms do not provide. Their satisfaction policy is for 24 months. This means if the candidate selected fails to meet the job requirements for up two years they will conduct another search for no additional professional fees. They also are the only firm to use the Career Navigator which is a standardized, nationwide competency-based strategic success model. They have used this validated tool for over 10 years to assist their clients in executive searches. Their headquarters is located in Dallas, Texas. The professional fee to conduct the search for the City Manager is $20,500 plus out-of-pocket expenses (not including candidate travel to Baytown). Ms. Smith recommended that Waters-Oldani be retained to assist with recruitment of a new City Manager on a national scale. Council engaged in discussion that perhaps Council should look at a smaller area because Baytown is a unique City and we need to look at a 30 to 60 mile radius to see if we can find someone without spending these monies. Ms. Smith explained, we have used this firm in the past and they are familiar Page 8 of 13 Minutes of the Regular Session Meeting— March 8, 2007 with Baytown, but as with any of the search firms presented, before they begin recruiting they must get to know the community. The discussion continued about limiting the search to the Gulf Coast Regional Area instead of a national scale and instead of a nine month search limiting the search to three months. Council was also concerned that the search firm should recruit candidates that know Texas State statues and laws as well as have a familiarity with local issues. Ms. Smith stated that the HR Department could conduct this search; however, the HR Department does not have the resources that these search firms can provide and this would certainly affect the time frame and the type of applicant reached. Council reached a consensus that the search firm is the best approach and after hearing input from Assistant City Manager Knauf who pointed out that limiting the search area geographically might eliminate good candidates who had relocated to other parts of the nation who might be trying to come back to Texas, Council decided to use Waters-Oldani if they could agree to do the search in 120 days at the price quoted. If not, they agreed that the City should contact Mercer for negotiations. Consider Proposed Ordinance authorizing the Assistant City Manager to negotiate and execute an agreement with an executive search firm to assist in the recruitment/selection of a City Manager. Council Member Renteria moved that the Assistant City Manager be authorized to negotiate with Waters-Oldani to do the search in 120 days at the price quoted and if not he should contact Mercer for negotiations. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,562 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS.AUTHORIZING THE ASSISTANT CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE WATERS CONSULTING GROUP, INC.,TO ASSIST IN THE RECRUITMENT/SELECTION OF A CITY MANAGER:AUTHORIZING THE ASSISTANT CITY MANAGER TO NEGOTIATE ANDEXECUTE AN AGREEMENT WITH THE MERCER GROUP. INC. TO ASSIST IN THE RECRUITMENT SELECTION OF A CITY MANAGER SHOULD THE ASSISTANT CITY MANAGER AND THE WATERS CONSULTING GROUP, INC. NOT REACH AN AGREEMENT: AUTHORIZING PAYMENT FOR SUCH SERVICES IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00): AUTHORIZING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider proposed Ordinance awarding the Northeast Wastewater Treatment Plant Offsite Collection System Project, Package One. Interim City Manager Leiper explained that the Proposed Ordinance awards the Northeast Wastewater Treatment Plant Offsite Collection System Project, Package One in the amount of $4,311,717 to the lowest most responsible bidder, George Construction, Inc. (George). However, George submitted a letter requesting to withdraw its bid. There are essentially three options regarding awarding this contract. (1) Page 9 of 13 Minutes of the Regular Session Meeting— March 8, 2007 Award the contract to George Construction. (2) Award the contract to Huff and Smith. (3) Re-bid the contract prior to the expiration of the original bids in anticipation of better bids. The three options were outlined in Council’s packet. With limited discussion on this item, Council nd Member Capetillo moved that this project be sent out for a 2 set of bids. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Motions Consider approval of plans and specifications and authorize advertisement to take bids for the West Baytown Phase II & III Sanitary Sewer Rehabilitation Project. Interim City Manager Leiper explained the need for approval of plans and specifications and the need to authorize advertisement for the West Baytown Phase II & III Sanitary Sewer Rehabilitation Project. The scope of work for the project includes rehabilitation work primarily using the pipe bursting method to rehabilitate approximately 36,600 linear feet or 6.9 miles of sanitary sewer lines ranging in size from eight to 12-inch diameter pipe. The estimated construction cost for this project is $2,500,000 and the construction duration is 210 calendar days. The project is being funded through a loan from TWDB and the 2007 Certificates of Obligation. This project was designed in-house by the Engineering Department. Council Member Renteria moved that the plans and specifications be approved and that authorization be given to advertise this project. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Consider approval of plans and specifications and authorize advertisement to take bids for the Lakewood Phase II & III Sanitary Sewer Rehabilitation Project. Interim City Manager Leiper explained the need for the approval of plans and specifications and the need to authorize the advertisement of the Lakewood Phase II & III Sanitary Sewer Rehabilitation Project. The scope of work for the project includes rehabilitation work primarily using the pipe bursting method to rehabilitate approximately 37,850 linear feet or 7.2 miles of sanitary sewer lines ranging in size from eight to 12-inch diameter pipe. The estimated construction cost for this project is $2,200,000 and the construction duration is 210 calendar days. The project is being funded through a loan from TWDB. This project was designed in-house by the Engineering Department. Page 10 of 13 Minutes of the Regular Session Meeting— March 8, 2007 Council Member Capetillo moved that the plans and specifications be approved and that authorization be given to advertise this project. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Consider approval of plans and specifications and authorize advertisement for bids for the Bowie Street Drainage Project. Interim City Manager Leiper explained the need for the approval of plans and specifications and the need to authorize advertisement for the Bowie Street Drainage Project. The scope of work for the project is to improve drainage at the low point of Bowie Street and alleviate storm water ponding along an existing CenterPoint Energy power line easement. The estimated construction cost for this project is $60,000. The construction duration is 120 calendar days. The pre-bid conference and the bid opening will take place, on March 13th and March 20th, respectively. Pending the outcome of the bids, a construction contract may be brought before Council at the April 12th meeting. This project will be funded by 2003 General Obligation Drainage Bonds. One easement is still needed. Council Member Mahan moved that the plans and specifications be approved and that authorization be given to advertise this project. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Approve plans and specifications and authorize advertisement to take bids for the Street Maintenance Sales Tax 2007 Annual Mill and Overlay Contract. Interim City Manager Leiper explained the need to approve plans and specifications and the need to authorize the advertisement to take bids for the Street Maintenance Sales Tax 2007 Annual Mill and Overlay Contract. The scope of work includes milling existing asphalt streets, performing base repairs as necessary, and overlaying the street with a new asphalt driving surface. The City is in its second year of the original annual contract with Angel Brothers Enterprises. Although eligible for one additional renewal, Angel Brothers has declined to renew the contract with the CPI escalator because material costs have increased more than the allowable CPI increase. The new contract increases to $1.5 million from the current $1 million due to increased street maintenance sales tax revenue and will continue to be an annual contract based on minimum $100,000 work orders. The contract also includes three, one-year renewal options. Street Maintenance Sales Tax Revenue will fund this $1,500,000 project. Funds are available in the CIPF to meet statutory requirements to award the bid in advance of sales tax collections. Page 11 of 13 Minutes of the Regular Session Meeting— March 8, 2007 Council Member Sheley moved that the plans and specifications be approved and that authorization be given to advertise this project. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Discuss and take appropriate action regarding the allocation and selection of streets for the first year of a future street bond reconstruction project. Interim City Manager Leiper gave background information about the allocation and selection of streets for the first year of a future street bond reconstruction project. He reminded Council that they began discussion at the February 22nd meeting regarding the district allocation and the process for street selection for the first year of an upcoming street bond reconstruction project. It was the consensus of Council that year one would consist of $4 million in street construction. The $1 million in design and engineering costs would be funded by certificates of obligation (COs). Based on a potential bond authorization of $30 million, successive years would include $5 million each, $1 million for design and $4 million for construction. This plan will leave $1 million after year 6 to begin design on the first phase of a future street bond program, similar to the process being funded by COs this year. The Council was shown different methods of allocating the $4 million in monies across the districts in order to provide options for Council to select a method for choosing streets for the bond reconstruction project. Interim City Manager Leiper also gave Council information on the timelines that must be met in order to complete all tasks in an orderly fashion and keep the street program moving forward. Discussion was had about the allocation methods. Council discussed the 0 to 50 PCI method of allocation as well as selecting the top 20 streets first and then taking the left over linear feet and allocating that equally between districts. They felt that the latter would be a good method because this method would be favorable when put to the voters. It was the consensus of Council to select the top 20 streets and take the remaining linear feet and distribute same equally between districts. Interim City Manager Leiper told Council that he will need a list of streets for each district for the next meeting in order to meet the deadlines discussed. CONSENT Council Member Sheley moved to approve the Consent agenda items 5a and 5b. Council Member Caskey seconded the Motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Page 12 of 13 Minutes of the Regular Session Meeting— March 8, 2007 Consider Proposed Ordinance authorizing the repair and replacement of portions of the AC system for the City Hall Annex/Museum located at 220 W. Defee by Automated LogicUnited Environmental Services through CISV. ORDINANCE NO. 10,563 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY-EIGHT THOUSAND TWO HUNDRED EIGHTY-TWO AND NO/100 DOLLARS ($128,282.00) TO AUTOMATED LOGIC UNITED ENVIRONMENTAL SERVICES FOR THE REPLACEMENT OF THE HVAC SYSTEM FOR THE BUILDING LOCATED AT 220 W. DEFEE THROUGH THE CATALOGUE INFORMATION SERVICES VENDOR PURCHASING PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance repealing Ordinance No. 10,454, which authorized the purchase of a 2007 TYMCO Model 600 Regenerative Air Street Sweeper, and authorizing the City Manager to negotiate and execute a lease-purchase agreement for one 2007 TYMCO Model 600 Regenerative Air Street Sweeper. ORDINANCE NO. 10,564 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 10,454 PASSED ON OCTOBER 12, 2006, WHICH AUTHORIZED THE PURCHASE OF A 2007 TYMCO MODEL 600 REGENERATIVE AIR STREET SWEEPER, AUTHORIZING THE PAYMENT OF ONE HUNDRED EIGHTY FIVE THOUSAND AND NO/100 DOLLARS ($185,000.00) FOR THE LEASE-PURCHASE OF A 2007 TYMCO MODEL 600 REGENERATIVE AIR STREET SWEEPER, THROUGH BAYSTONE FINANCIAL GROUP UNDER TERMS AND CONDITIONS DEEMED ACCEPTABLE BY THE CITY MANAGER AND THE CITY ATTORNEY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Consider appointment to the Tow Truck Committee (4). Council Member Caskey moved to appoint Mark Fuqua to the term of office that will begin April 1, 2007 thru April 1, 2009 and Mitchell Pearce to complete the unexpired term of Bobby Sutton which began on April 1, 2006 and ends April 1, 2008. He also moved to reappoint Gary Cochran and B.C. Hudman to serve another term beginning April 1, 2007 and ending April 1, 2009. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None Page 13 of 13 Minutes of the Regular Session Meeting— March 8, 2007 The motion carried. EXECUTIVE SESSION No Executive Session Was Conducted MANAGER'S REPORT The City of Baytown Parks and Recreation Department will open the Roseland Spray Park for the 2007 Summer Season on Saturday, March 10, 2007 at 10 a.m. This free facility will be open daily until the second weekend in November 2007. The First Annual "Nurture Nature Fest" will be held at the Baytown Nature Center on March 31, 2007 from noon to 5 p.m.. The event will follow the Annual Rivers, Lakes, Bays N'Bayous Trash Bash Event that is sponsored by the Baytown Nature Center and the Port of Houston which starts at 8:30 a.m. The Nurture Nature Fest will have several activities, exhibits and demonstrations including presentations by the Texas Zoo. There will also be birding tours available. This free event is sponsored by the Port of Houston and the Friends of the Baytown Nature Center. ADJOURN Council Member Mahan moved to adjourn the meeting. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried With no additional business the meeting adjourned at 7:50 p.m. ______________________________ Lorri Coody, City Clerk CERTIFICATION I, Lorri Coody, the duly appointed and acting City Clerk of the City of Baytown, Harris County, Texas, do hereby certify and attest that as part of my duties, I do supervise and act as lawful custodian of the records of the City of Baytown; that attached hereto is a true and correct excerpt of the minutes of the Regular Session of the City Council of the City of Baytown held on March 8, 2007. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 8, 2007. WITNESS MY HAND AND SEAL of the City on April 9, 2007. ______________________________ Lorri Coody, City Clerk (SEAL) certify\\M091296ex