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2002 09 26 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 26, 2002 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on September 26, 2002, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Ronnie Anderson Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary M. Jackson Ignacio Ramirez, Sr. Gary W. Smith Absent was: Coleman Godwin Council Member Council Member Council Member Council Member Council Member Mayor Interim City Manager City Attorney City Clerk Council Member The meeting was opened with a quorum present and Council Member Sheley led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on September 12, 2002. Council Member Sheley moved approval of the minutes of the work session and regular meeting held on September 12, 2002. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Citizen Communications: Reverend Hosea Lane, Baytown Agape Community Services, is seeking assistance to help complete the facility for a future girls' home. Reverend Lane was called three times but did not appear. Receive six -month audit report on Payroll procedures from Tiller and Company for the 12- month period ended June 30, 2002. Page 2 of 16 Minutes of the Regular Session — September 26, 2002 Tiller and Company, a public accounting firm, conducted the six -month audit. Mark Tiller presented the report for the six -month period ending June 30, 2002. He stated that the audit revealed the need for a standard pay period, which would enhance the system in the time needed to enter and extract information. He said that while it is difficult to quantify the savings involved, a standard pay period would save employee time as well as allow for better utilization of the system. Receive Financial Statements and Management Letter for the Harris County Organized Crime and Narcotics Task Force for the grant year ending May 31, 2002. The independent audit of the financial statements was conducted by Tiller and Company, a public accounting firm. Mr. Tiller presented the report of the Comparative Statements of Revenues and Expenditures for the year ended May 31, 2002 to Council. He noted that revenue and expenditures had both increased, due to increased forfeitures and equipment purchases. He stated that there were no exceptions to procedures as outlined and no findings of noncompliance. Consider Proposed Resolution No. 020926 -1, approving the Investment Policy and Strategy of the City in compliance with the Public Funds Investment Act. No changes are proposed to the policy. The Finance Committee has reviewed the policy and recommends approval. Council Member Sheley moved adoption of the proposed resolution. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE INVESTMENT POLICY AND STRATEGY OF THE CITY OF BAYTOWN IN COMPLIANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. The following six items were considered together: Consider Proposed Ordinance No. 020926 -1, renewing a benefit consulting services agreement with HCC Employee Benefits, Inc., and authorizing payment for providing consulting services pertaining to the city's health benefit program. Proposed Ordinance No. 020926 -1 renews the annual consultingibrokerage agreement with HCC Employee Benefits, Inc. in the amount of $30,000 for consulting services related to the City's health benefit program. There is no increase in cost from the previous year. The term of this contract is October 1, 2002 through September 30, 2003. HCC has provided quality brokerage service for the City for 10 years. Page 3of16 Minutes of the Regular Session — September 26, 2002 Consider Proposed Ordinance No. 020926 -2, renewing the annual contract for Third Party Administration services with InterCare Health Plans for the administration of the City's health benefit program and authorizing payment for said services. Proposed Ordinance No. 020926 -2 renews the annual contract with Intercare Health Plans for Third Party Administrator (TPA) Services. Since the City is self - insured, we utilize a TPA to pay the medical and dental claims. Preferred provider organization network fees, prescription fees, and administrative fees will be directed through the TPA for payment. The increase in the contract is 4.8% due to continuing increases in the health care industry. The current premium implemented in January 2002 will be sufficient to cover this increase. Last year's actual cost was $212,707. Estimated annual cost for fiscal year 2003 is $223,212. Actual cost will vary since coverage is based on per employee, per month rate; therefore, actual enrollment will dictate the actual total amount. The contract period is October 1, 2002 through September 30, 2003. We have utilized this TPA for 5 years and are satisfied with the services provided. Consider Proposed Ordinance No. 020926 -3, awarding the contract for Specific and Aggregate Stop Loss Coverage for the City's health benefit program and authorizing payment. Proposed Ordinance No. 020926 -3 awards Specific and Aggregate Stop Loss Coverage for the City's health benefit program to American Stop Loss Insurance Brokerage, Inc. in the amount of $260,586. Both specific stop loss and aggregate stop loss coverage are based on per employee, per month rate; therefore, actual enrollment will dictate the total amount. This year the Specific Stop Loss Level (in effect, the City's deductible) was increased from $100,000 to $125,000 which resulted in a 3.8% decrease in premium cost. Consider Proposed Ordinance No. 0209264, renewing the professional services contract with Interface EAP, Inc. and authorizing payment for said services. The following services are provided: • Six counseling sessions per incident or per problem for employees and their family members; • Supervisory/management and employee orientation and training; • Critical incident stress debriefing; and, • Pre - certification and utilization review for all mental/nervous and substance abuse treatment covered under the City's medical plan. There is no increase in cost from the previous year. The cost is $2.70 per employee per month, paid in quarterly installments based on the number of covered employees at the beginning of each month. The term of this contract is October 1, 2002 through September 30, 2003. Interface has provided quality EAP service for the City for ten years. Consider Proposed Ordinance No. 020926 -5, authorizing renewal of City Physician Services with Dr. Medhat Bedros and authorizing payment for said services. Proposed Ordinance No. 020926 -5 authorizes renewal of City physician services with Dr. Medhat Bedros and authorizes payment for said services in an amount not to exceed $85,000. This is the tenth year for renewal. Dr. Bedros has maintained the same rates since we began using his services in October 1992. Page 4of16 Minutes of the Regular Session — September 26, 2002 Consider Proposed Ordinance No. 020926 -6, authorizing renewal of liability and property insurance programs with Texas Municipal League — Intergovernmental Risk Pool and authorizing payment. Proposed Ordinance No. 020926 -6 authorizes liability and property insurance programs with Texas Municipal League and authorizes payment in the amount of $343,758 for premiums, reimbursable losses, and administrative fees. This is a 16.8% increase in rate from 2001/2002 premiums of $294,103. The increase in premium stems from the revaluation of city facilities, inclusion of previously uninsured facilities, the increased value of the City's fleet, including the fire truck and twenty -four vehicles insured for the Organized Crime Taskforce. Previously, the Taskforce vehicles were leased. The State recently required that the Taskforce own the vehicles. The Taskforce will reimburse the City $15,015 for the coverage. After the reimbursement from the Taskforce, the increase to the City is 11.7% which is within the budgeted allocation. Council Member Sheley moved adoption of items No. 6 -11. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO EXECUTE A CONTRACT WITH HCC EMPLOYEE BENEFITS, INC., PERTAINING TO THE CITY'S HEALTH BENEFIT PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A RENEWAL OF THE AGREEMENT WITH CHOICENETANTERCARE HEALTH PLANS, INC., AS A THIRD PARTY ADMINISTRATOR FOR THE ADMINISTRATION OF MEDICAL AND DENTAL CLAIMS AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT OF TWO HUNDRED TWENTY -THREE THOUSAND TWO HUNDRED TWELVE AND NO /100 DOLLARS ($223,212.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 16 Minutes of the Regular Session — September 26, 2002 ORDINANCE NO. 9428 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE with American Stop Loss Insurance Brokerage, Inc., BROKERED THROUGH HCC EMPLOYEE BENEFITS, INC., APPLICABLE TO THE CITY OF BAYTOWN' S HEALTH BENEFITS PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED SIXTY THOUSAND FIVE HUNDRED EIGHTY -SIX AND N0 1100 DOLLARS ($260,586.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9429 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 RENEWAL OF THE PROFESSIONAL SERVICES CONTRACT WITH INTERFACE EAP, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINETEEN THOUSAND FOUR HUNDRED FORTY AND NO 1100 DOLLARS ($19,440.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF CITY PHYSICIAN SERVICES WITH DR. MEDHAT BEDROS; AUTHORIZING PAYMENT FOR SUCH SERVICES IN AN AMOUNT NOT TO EXCEED EIGHTY -FIVE THOUSAND AND NO /100 DOLLARS ($85,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9431 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THREE HUNDRED FORTY -SEVEN THOUSAND SIX HUNDRED SEVENTY -EIGHT AND NO /100 DOLLARS ($347,678.00) AND THE SUM OF ONE HUNDRED FORTY THOUSAND AND NO /100 DOLLARS ($140,000.00) FOR DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 16 Minutes of the Regular Session — September 26, 2002 Consider Proposed Ordinance No. 020926 -7, approving Change Order No. 3 to the annual Sanitary Sewer Rehabilitation contract — Year 2001. Proposed Ordinance No. 020926 -7 approves Change Order No. 3, in the amount of $188,165, to the annual Sanitary Sewer Rehabilitation contract - Year 2001 with PM Construction to increase the authorized expenditure limit in order to capitalize on competitive pricing. The original contract amount was $887,875. Change Order No. 1 was for the addition of a new line item only and did not affect the project cost. Change Order No. 2, in the amount of $15,857, was for an emergency manhole replacement on East Baker Road. Both were approved administratively, and increased the contract to $903,732. This proposed change order increases the contract amount by $188,165, or 20.82 %, to provide additional funding for emergency work, for an adjusted total amount of $1,091,897. Of the original budgeted funding of $1,099,248, $7,351 remains unencumbered. These remaining funds will be available for inspection and testing costs. Funding is available from 2000 Certificates of Obligation Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor AIfaro. Nays: None. The motion carried. ORDINANCE NO. 9432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH P.M. CONSTRUCTION AND REHABILITATION, L.P., FOR THE ANNUAL SANITARY SEWER REHABILITATION CONTRACT - YEAR 2001; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED EIGHTY -EIGHT THOUSAND ONE HUNDRED SIXTY -FIVE AND NO /100 DOLLARS ($188,165.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 020926 -8, awarding a professional services contract for design of the Pinehurst Sanitary Sewer Project. Proposed Ordinance No. 020926 -8 awards a professional service contract to PBS&J for the preparation of plans and specifications for the Pinehurst Sanitary Sewer Project. Compensation for basic services is an amount not to exceed $73,000, plus $20,000 for surveying, geotechnical and electrical services, and reimbursable expenses. The scope of work includes replacing 2,000 linear feet of existing eight - inch sanitary sewer in the Pinehurst Subdivision. The project will also include the evaluation of the capacity of Lift Station No. 30 and force main along State Highway 146. The lift station pumps and electrical will be upgraded if feasible. The estimated cost of the project is $726,000. On August 29, 2002, the Architect and Engineering Selection Committee recommended PBS &J for the planning and engineering of the Pinehurst Sanitary Sewer Project. This will be funded by 2001 Certificates of Obligation. Page 7 of 16 Minutes of the Regular Session — September 26, 2002 Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A PROFESSIONAL SERVICES CONTRACT WITH PBS &J FOR THE DESIGN OF THE PINEHURST SANITARY SEWER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED NINETY -THREE THOUSAND AND NO /100 DOLLARS ($93,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 020926 -9, awarding a professional services contract for the design of the rehabilitation of the East District Wastewater Treatment Plant. Proposed Ordinance No. 020926 -9 awards a professional services agreement to Camp Dresser & McKee to prepare plans and specifications for the rehabilitation of the East District Wastewater Treatment Plant. Compensation for basic services is an amount not to exceed $170,005 plus $5,000 for reimbursables. Additional services will include a resident engineer for inspection of the project in an amount not to exceed $55,125. The engineering consultants' fees (surveying, geotechnical services, materials testing) are not to exceed $19,500. The scope of work includes rehabilitation of the existing influent lift station, demolition of the circular treatment plant, rehabilitation of the three existing aeration basins, demolition of the sludge dewatering facility, rehabilitation of one clarifier, replacement of wooden baffles in the chlorine contact basin, and replacement of return- activated sludge pumps with air -lift pumps to serve the new treatment facilities. The estimated cost of the project is $1,900,000. This will be funded by 2001 Certificates of Obligation. Council Member Sheley moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 8of16 Minutes of the Regular Session — September 26, 2002 ORDINANCE NO. 9434 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A PROFESSIONAL SERVICES CONTRACT WITH CAMP DRESSER & MCKEE INC., FOR THE DESIGN OF THE REHABILITATION OF THE EAST DISTRICT WASTEWATER TREATMENT PLANT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY -NINE THOUSAND SIX HUNDRED THIRTY AND NO / 100 DOLLARS ($249,630.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 020926 -10, awarding a professional services agreement for the design of the 2002 -2003 Bond Municipal Street Program. Proposed Ordinance No. 020926 -10 awards a professional services agreement to Claunch & Miller, Inc., to prepare plans and specifications for the 2002 -2003 Bond Municipal Street Program in an amount not to exceed $526,500 for basic services. Additional services and reimbursable expenses are not to exceed $124,810, for a total project amount of $651,310. The scope of work includes rehabilitation of those streets prioritized by the Street Bond Committee and reviewed by City Council during the council work session on June 27, 2002. The consultant will evaluate the top three streets in each district and will develop the cost for rehabilitation as part of the investigative phase of this contract. The design will not be authorized until staff has reviewed design alternatives and cost. On April 26, 2002, the Architect and Engineering Selection Committee recommended Claunch & Miller, Inc. for the first year of the Street Rehabilitation Program. On August 8, 2002, the Committee met again and in the interest of saving time and consulting fees, added the second year to the award. This project will be funded by Capital Improvement Project Funds. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The process utilized by the Architect and Engineering Selection Committee and the method used to calculate fee structure were discussed. It was explained that state law governs the selection process. A "not to exceed" cost for projects of this type was determined to be more cost efficient than a firm price /or percentage of construction. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 9 of 16 Minutes of the Regular Session — September 26, 2002 ORDINANCE NO. 9435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO PROFESSIONAL SERVICES CONTRACT WITH CLAUNCH & MILLER, INC., FOR THE DESIGN OF THE 2002 -2003 BOND MUNICIPAL STREET PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, OF AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY -ONE THOUSAND THREE HUNDRED TEN AND NO 1100 DOLLARS ($651,310.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 020926 -11, authorizing the partial assignment of the Industrial District Agreement with Reliant Energy, Inc. to Texas Genco, L.P. Proposed Ordinance No. 020926 -11 authorizes the partial assignment of the Industrial District Agreement with Reliant Energy, Inc. to Texas Genco, L.P. ( "Genco "). The City Council approved an Industrial District Agreement ( "IDA ") with Houston Lighting and Power Company, the predecessor of Reliant Energy ( "Reliant ") on August 25, 1995. On February 20, 2000, such agreement was amended. Thereafter, on August 31, 2002, Genco acquired certain assets of Reliant including a portion of its facilities which are subject to the IDA. The IDA provides that it cannot be assigned without the prior written consent of the City; therefore, Reliant and Genco have asked the City to approve the partial assignment of the IDA. In consideration of approval of the assignment, Genco agrees as follows: • The City shall have the authority to collect any past underpayment of Industrial District Payments from Genco and/or Reliant; • The City shall have the authority to, and shall not be deemed to have waived the right to, pursue and/or resolve any and all outstanding matters, including, but not limited to, any breach of contract concerns, with Genco; • The City shall have the authority to require strict compliance with any and all terms of the Agreement; • Genco shall assume all obligations and liabilities under the Agreement pertaining to the Property accruing after the effective date of the Deed; and, • Genco, or any entity acting by, through, or on behalf of Genco, shall not contest the City's authority to impose these additional conditions on the consent granted herein. Council Member Anderson moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 10 of 16 Minutes of the Regular Session — September 26, 2002 ORDINANCE NO. 9436 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE PARTIAL ASSIGNMENT OF THE INDUSTRIAL DISTRICT AGREEMENT WITH RELIANT ENGERGY, INCORPORATED, TO TEXAS GENCO, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a. Proposed Ordinance No. 020926 -12 authorizes renewal of a delinquent tax collection agreement with Randall B. Strong. The City of Baytown originally entered into an agreement for the collection of delinquent ad valorem taxes in August 1993 for a term of two years. The contract has been renewed since, and adjusted to coincide with the fiscal year. The most recent renewal was granted on February 14, 2002, and will expire 12 months thereafter. This contract will supersede the previous agreement and will extend the contract until September 30, 2005. Mr. Strong has been responsive to the needs and priorities of the City in collecting taxes. The collection rate meets expectations. Section 6.30(c) of the Texas Property Tax Code states, "The governing body of a taxing unit may contract with any competent attorney to represent the unit to enforce the collection of delinquent taxes. The attorney's compensation is set in the contract, but the total amount of compensation provided may not exceed 20 percent of the amount of delinquent tax, penalty, and interest collected. The contract presented for approval sets the attorney's compensation equal to 15% of the amount of delinquent taxes, penalties and interest collected. In accordance with Section 33.07(a) of the Texas Property Tax Code, an additional penalty of 15% is assessed on the delinquent accounts to defray the cost of the attorney's compensation. The net cost to the City for this contract is zero. The Finance Committee met on September 13, 2002 and received the management collection report submitted by Mr. Strong. b. Proposed Ordinance No. 020926 -13 authorizes a contract with the Baytown Opportunity Center (BOC) for park cleaning and litter removal in the amount of $33,058. The cost of the contract has increased $1,957.79, or 6.3 %, due to cost increases and wages for the BOC. This contract covers a 12 -month period of park clean up and janitorial services. It covers weekday litter cleanups and janitorial services at the Gray Sports Complex from February through October, and park cleanup at Bicentennial Park following the July 4th Celebration. The contract also includes daily janitorial services of the public restroom at Roseland Park and daily cleanup of the restroom and pavilion facilities at the Jo Roosa Pavilion in Goose Creek Park for 12 months. Texas Local Government Code, Section 252.022(a)(13) exempts from the competitive bidding process the procurement of "services performed by blind or severely disabled persons." Ruby Pinson, Director of the Baytown Opportunity Center, has executed the proposed contract. Page 11 of 16 Minutes of the Regular Session – September 26, 2002 C. Proposed Ordinance No. 020926 -14 awards the bid for the purchase of compound water meters to Southwest Stainless LP, dba Hughes Supply, in the amount of $35,540. Invitations to Bid were mailed to seven suppliers and we received four bids and three no -bids. The bid of ABB Water Meters, the apparent low bidder, does not meet specifications. In particular, the bid failed to meet the requirements of the Texas Commission on Environmental Quality requirement that all meters be "NSF61" certified, a standard applied by the National Sanitation Foundation (NSF) for lead -free water meters. Water meter companies must apply for certification from NSF, which checks all vendors of the material used in water meters, tests and issues certification. Funding is available in the Water Distribution annual budget. d. Proposed Ordinance No. 020926 -15 awards the second renewal of the annual heating, ventilation, and air - conditioning (HVAC) contract to Bay Temperature Control, Inc., in the amount of $92,455.77. Bay Temperature submitted a written request to renew the existing contract for the same pricing, terms, and conditions. This contract includes two sections: Section I— Monthly Preventative Maintenance for 30 City locations includes changing and/or cleaning of filters, and Section II--- Repairs and replacement of HVAC equipment and materials. All material and equipment will be priced at actual cost plus 15 %. Hourly service call labor rate will be $43.65. e. Proposed Resolution No. 020926 -2 requests that the Texas Department of Transportation: • study the effect of restricting large trucks from using the inside lane(s) of State Highway 146 on those portions having at least three travel lanes in each direction within the City during peak traffic hours of work days; • approve such restriction; and, • place the appropriate signs upon passage of this ordinance by the City Council. f. Proposed Resolution No. 020926 -3 requests the sheriff or constable to sell the property located at (i) 100 N. First Street; (ii) 314 E. James Street; (iii) 1505 Thompson; and (iv) 1620 Elm Street at a public sale pursuant to Section 34.05(c) of the Texas Tax Code. In 1997, the Legislature amended the Tax Code to allow taxing entities to sell via a public sale property held by a taxing entity as a result of the receipt of an insufficient bid at a tax foreclosure sale. At a public sale, the property will be sold at a public auction at the courthouse door of the county on the first Tuesday of the month, between the hours of 10:00 a.m. and 4:00 p.m. The acceptance of a bid at such a sale is conclusive and binding on the question of its sufficiency. As such, it is believed that this process will provide the City an efficient mechanism for (i) returning deteriorated or unproductive properties to the tax rolls, (ii) enhancing the value of ownership to the properties neighboring those which have been bid off to the City in tax foreclosure sales, and (iii) improving the safety and quality of life throughout the City. This resolution authorizes the sale of the following properties: Property #1 Property Address: 100 N. First Street Legal Description: Lots 11 & 12, Block 74 (016* &051 * Thomas Wright) Goose Creek HCAD Account No.: 050- 086 - 000 -0011 Number and Style of Suit: Cause No. 1998 - 40001; City of Baytown v. Homer C. Webb and Elizabeth Webb; In the 127`h Judicial District Court, Hams County, Texas Date of Tax Foreclosure Sale: July 3, 2001 Page 12 of 16 Minutes of the Regular Session — September 26, 2002 Property #2: Property Address: Legal Description: HCAD Account No.: Number and Style of Suit: Date of Tax Foreclosure Sale: Property #3: Property Address: Legal Description: HCAD Account No.: Date of Tax Foreclosure Sale: Property #4: Property Address: Legal Description: HCAD Account No.: Date of Tax Foreclosure Sale: 314 East James Street Lots 5 & 6, Block 65 (016 &051* Thomas Wright) Goose Creek 050- 077 - 000 -0005 Cause No. 1997- 39534; City of Baytown v. Jimmy Alton Tallent; In the 15151 Judicial District Court, Harris County, Texas April 4, 2000 1505 Thompson Tracts 40A & 41 (051 *25 ft Tract 16) All of Tract 17; A66 Wm Scott 041 - 022 - 003 -0060 Number and Style of Suit: Cause No. 1990 - 17684; City of Baytown v. Henry Dodd; In the 230 Judicial District Court, Harris County, Texas September 3, 1991 1620 Elm Street Lot 100, Block 7, Pelly 052- 281 -000 -0100 Number and Style of Suit: Cause No. 1989-25675 - City of Baytown v. Tony Rodriguez; In the 280`4 Judicial District Court, Harris County, Texas January 1, 1991 The right of redemption has expired on each property. Each property contains no improvements. Council Member Mundinger moved adoption of the consent agenda, items a through f. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carved. ORDINANCE NO. 9437 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH RANDALL B. STRONG FOR THE COLLECTION OF DELINQUENT AD VALOREM TAXES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 13 of 16 Minutes of the Regular Session — September 26, 2002 ORDINANCE NO. 9438 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 BAYTOWN OPPORTUNITY CENTER FOR PARK CLEANING; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THIRTY -THREE THOUSAND FIFTY -EIGHT AND NO /100 DOLLARS ($33,058.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SOUTHWEST STAINLESS LP, DBA HUGHES SUPPLY FOR THE PURCHASE OF COMPOUND WATER METERS AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -FIVE THOUSAND FIVE HUNDRED FORTY AND NO /100 DOLLARS ($35,540.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAY TEMPERATURE CONTROL, INC., FOR THE ANNUAL HEATING, VENTILATION, AND AIR- CONDITIONING (HVAC) CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINETY -TWO THOUSAND FOUR HUNDRED FIFTY -FIVE AND 77/100 DOLLARS ($92,455.77); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY OF BAYTOWN TO CONTACT AND COORDINATE WITH THE TEXAS DEPARTMENT OF TRANSPORTATION, THE CITY OF HOUSTON AND THE BAYTOWN LOCAL EMERGENCY PLANNING COMMITTEE REGARDING POTENTIALLY PROHIBITING THE OPERATION OF LARGE TRUCKS IN THE LEFT LANE OF STATE HIGHWAY 146 BETWEEN THE SOUTH CITY LIMITS AND BUSINESS 146 - ALEXANDER DRIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1559 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTIES LOCATED AT 100 N. FIRST STREET, 314 E. JAMES STREET, 1505 THOMPSON AND 1620 ELM STREET AT A PUBLIC SALE PURSUANT TO SECTION 34.05 (C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 14 of 16 Minutes of the Regular Session — September 26, 2002 Consider Proposed Resolution No. 020926 -4, selecting the City of Baytown's representative and alternate to the General Assembly of the Houston - Galveston Area Council for the year 2003. Currently, Council Member Murray is the representative and Mayor Alfaro serves as alternate. Council Member Anderson moved adoption of the proposed resolution, designating Council Member Murray as the representative and Mayor Alfaro as the alternate. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION No. 1560 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 2003; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointments to Baytown Animal Control Advisory Committee. The terms of Richard Godwin and Billie Wolfe expire on September 26, 2002. These terms are for two years. Mr. Godwin and Ms. Wolfe have agreed to serve if reappointed. During the most recent term, Mr. Godwin attended five of the ten meetings held. Due to the acceleration of the meeting schedule and the change in meeting time from noon to 5:00 p.m., Mr. Godwin was unable to attend certain meetings. Mr. Godwin has indicated that he will be able to adjust his schedule in order to attend future meetings. Ms. Wolfe was appointed to fill an unexpired term on November 9, 2000, and has attended all of the nine meetings held since her appointment to the Board. Council Member Sheley moved appointment of Richard Godwin and Billie Wolfe to the Baytown Animal Control Advisory Committee. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. City Manager's Report. Mayor Alfaro reminded Council that City Manager resumes are due in the Human Resources Department on Monday, September 30, 2002. Page 15 of 16 Minutes of the Regular Session — September 26, 2002 Conduct appeal of building official's decision denying a request for a variance from the t requirements of the sign ordinance for a sign for Country Club Manor, filed by James P. Hutchison. Mayor Alfaro called to order the hearing on the appeal of the decision of the building official's decision denying a request for a variance from the requirements of the sign ordinance for a sign for Country Club Manor. He stated that as with all hearings before the City Council, the rules of evidence would be informal; however, he asked both parties to refrain from using irrelevant or redundant testimony. Mayor Alfaro swore in all witnesses. He asked for opening statements of three minutes each from both sides, beginning with James P. Hutchison. Mr. Hutchison contested the decision denying a variance for the sign. He said the sign would be placed in the median, back from the curb, and would not obstruct vision. He noted that maintenance of the sign would be the responsibility of the Home Owners Association. He added that Harris County has no objection the location. Kevin Byal, Chief Building Inspector, reviewed the Code requirements, including the prohibition of signs in rights -of -way or on traffic islands, under certain conditions. He added that the Home Owners Association for this subdivision had not yet been formed. First Assistant City Attorney Karen Horner testified that the variance must meet certain requirements which had not been satisfied. She added that Council could adopt an ordinance that would allow certain sign provisions to be added and requested time for staff to determine the impact of such an ordinance. After closing statements, the hearing was closed. Council may affirm, reverse, or modify the decision of the building official denying the requested variance from the requirements of the sign ordinance for a sign for Country Club Manor. City Attorney Ramirez cautioned Council that any amendments to the sign ordinance could result in challenges to the off - premise portion and could prove difficult to defend in court. Council Member Murray moved to reverse the decision of the chief building official denying the requested variance from the requirements of the sign ordinance for a sign for Country Club Manor. Council Member Anderson seconded the motion. There was discussion regarding placement of the sign, safety concerns, and liability issues. Council Member Murray amended his motion to make granting the variance conditional upon indemnification of the City by the Home Owners Association. After further discussion, Council Member Murray withdrew his motion and amendment thereto and Council Member Anderson withdrew his second. Council Member Sheley moved to table the decision in order to give staff time to devise a way to allow placement of the sign, as requested. Council Member Renteria seconded the motion. The vote follows: Page 16 of 16 Minutes of the Regular Session — September 26, 2002 �. Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Adjourn. Council Member Renteria moved that the meeting adjourn. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfam. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:59 p.m. / GarOV. Sniith n( // City Clerk