2003 03 27 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 27, 2003
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on March 27, 2003, at 6:30 p.m.
in the Council Chamber of Baytown City Hall with the following in attendance:
Ronnie Anderson Council Member
Coleman Godwin Council Member
Don Murray Council Member
Pete C. Alfaro Mayor
Gary M. Jackson City Manager
Ignacio Ramirez, Sr. City Attorney
Gary W. Smith City Clerk
Absent were: Calvin Mundinger Council Member
Mercedes Renteria III Council Member
Scott Sheley Council Member
The meeting was opened with a quorum present and Council Member Godwin led the pledge of
allegiance and offered the invocation. Mayor Alfaro reminded those present that Governor Rick Pent'
had declared Thursday, March 20, 2003, as a day of prayer for the State of Texas. The Mayor read an
excerpt from the proclamation and recognized the high school students present from Ms. White's class,
after which the following business was conducted:
Consider approval of minutes of the work session and regular meeting held on March 13, 2003.
Council Member Murray moved approval of the minutes of the work session and regular meeting held on
March 13, 2003. Council Member Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The motion carried.
Citizen Communications:
Chester Strange, 1307 S. Highway 146, requested that Council amend the Code of Ordinances to establish
decibel levels for unreasonable noises.
Bobby Nash, owner of the property located at 1307 S. Highway 146, reiterated the request.
Mayor Alfaro referred the requests to Administration for response.
Page 2 of 10
Minutes of the Regular Session — March 27, 2003
i Conduct the first public hearing on the proposed annexation of a 13.15 -acre tract of land located
west of and adjacent to North Main Street and north of Republic of Texas Plaza in the H. F. Gillette
Survey in Harris County, Texas.
The public hearing was called to order at 6:37 p.m.
Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings
at which persons interested in the annexation are given the opportunity to be heard. This is the first of the
public hearings. Notice of the public hearing was published in the Baytown Sun on March 12, 2003 and
posted on the City's website the same day, more than ten days prior to today's date.
Baytown Christian Academy is requesting annexation of this property to be developed as the new campus
for their school. The service plan for the annexation is provided in your packet. The annexation
ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may
be held 30 days after the ordinance is passed on its first reading and published.
No one appeared to speak at the first public hearing.
The public hearing was closed at 6:39 p.m.
Conduct the second public hearing on the proposed annexation of a 13.15 -acre tract of land located
west of and adjacent to North Main Street and north of Republic of Texas Plaza in the H. F. Gillette
Survey in Harris County, Texas.
The public hearing was called to order at 6:40 p.m.
Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings
at which persons interested in the annexation are given the opportunity to be heard. This is the second of
the public hearings. Notice of the public hearing was published in the Baytown Sun on March 12, 2003
and posted on the City's website the same day, more than ten days prior to today's date.
Baytown Christian Academy is requesting annexation of this property to be developed as the new campus
for their school. The service plan for the annexation is provided in your packet. The annexation
ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may
be held 30 days after the ordinance is passed on its first reading and published.
No one appeared to speak at the second public hearing.
The public hearing was closed at 6:41 p.m.
Consider Proposed Resolution No. 030327 -1, approving the Preliminary Official Statement for the
City of Baytown's Waterworks and Sewer System Revenue Improvement and Refunding Bonds,
Series 2003, and appointing the underwriting syndicate for the sale of the bonds.
Official action of Council is necessary to schedule the bond sale subject to additional changes. This is
standard practice to proceed without the necessity of further Council action prior to the sale date. Before
the sale, Council will take official action to approve and ratify actions necessary to effect the sale.
Drew Masterson, First Southwest, the City's financial advisor, stated that the purpose of the sale is to take
advantage of favorable interest rates and to structure repayment to reduce the debt service requirements to
free capital for use in the Kingsbend sanitary sewer project.
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Minutes of the Regular Session — March 27, 2003
Council Member Anderson moved adoption of the proposed resolution. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The motion carried.
RESOLUTION NO. 1577
RESOLUTION APPROVING PRELIMINARY OFFICIAL STATEMENT FOR THE CITY OF
BAYTOWN, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE IMPROVEMENT AND
REFUNDING BONDS, SERIES 2003; AND APPOINTING THE UNDERWRITING SYNDICATE
FOR THE SALE OF SAID BONDS.
Consider Proposed Ordinance No. 030327 -1, continuing the engagement of Bettye Lynn (Springer)
of Karger Key Barnes and Lynn, LLP, for legal services in connection with the lawsuit filed on
behalf of certain firefighters against the City of Baytown regarding firefighter longevity pay.
Proposed Ordinance No. 030327 -1 continues the engagement of Bettye Lynn (Springer) of Karger Key
Barnes and Lynn, P.C., for the performance of legal services in connection with Cause No. 2001- 624939;
Keith Lowell, et al. v. City of Baytown; in the 215th Judicial District Court of Harris County, Texas, the
lawsuit filed on behalf of certain firefighters against the City of Baytown regarding firefighter longevity
pay. Originally, the City Council authorized $35,000, plus expenses for such services. On November 26,
2002, the City Council authorized additional funds not to exceed $25,000. However, because discovery
has been more extensive than originally anticipated, additional funding in an amount not to exceed
$25,000 is necessary in order to continue the engagement of Ms. Lynn. These funds are projected to take
the City through the preparation, filing and arguments concerning the City's summary judgment motion
as well as a 2 -day trial, if the summary judgment motion is unsuccessful. This funding will come from
contingency funds.
Council Member Godwin moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9537
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINUING
THE ENGAGEMENT OF BETTYE LYNN OF KARGER KEY BARNES AND LYNN, LLP, FOR THE
PERFORMANCE OF LEGAL SERVICES IN CONNECTION WITH THE LAWSUIT FILED ON
BEHALF OF CERTAIN FIREFIGHTERS AGAINST THE CITY OF BAYTOWN REGARDING
FIREFIGHTER LONGEVITY PAY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session — March 27, 2003
Consider Proposed Ordinance No. 030327 -2, authorizing a contract for a water and sewer cost of
services and rate analysis.
Ordinance Number No. 030327 -2 authorizes a contract with Maximus, Inc., in the amount of $37,500, for
a water and sewer cost of services and rate analysis. We received seven proposals to conduct the analysis.
Funding source:
Water & Sewer Fund General Overhead/Special Services
Amount budgeted:
$50,000
Amount requested:
$37,500
Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9538
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CONTRACT FOR A WATER AND SEWER RATE STUDY WITH MAXIMUS,
INC., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF THIRTY -
SEVEN THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($37,500.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 030327 -3, imposing a 90 -day moratorium upon the placement of
storm sewer pipe and/or culverts in open roadside ditches in the Julie Ann Villa Subdivision.
This action appears prudent in light of the rainfall event that occurred on March 13, 2003, during which
portions of the City of Baytown, including Julie Ann Villa Subdivision, received in excess of 5 inches of
rain over a three -hour period. This rainfall event was greater than what the interior drainage system in
Julie Ann Villa Subdivision is designed to handle and, therefore, caused internal drainage problems. It is
assumed that these problems were caused, in part, by the additional runoff from other development in the
area, which flows into an outfall channel adjacent to and servicing the Julie Ann Villa Subdivision. In
order to mitigate the impact to the outfall channel and Cedar Bayou, Chambers County Municipal Utility
District No. 1 will be performing drainage improvements to the outfall channel. These improvements will
entail deepening the outfall channel and cutting a new channel directly to Cedar Bayou without increasing
the 100 -year base flood elevation thereby bypassing the Julie Ann Villa Subdivision. This proposed
ordinance affords the City a reasonable period of time to study the effects of the impending
improvements, the impact that piping roadside ditches will have on the interior drainage system in the
Julie Ann Villa Subdivision, and the effectiveness of applicable codes and policies of the City of
Baytown.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray
seconded the motion.
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Minutes of the Regular Session — March 27, 2003
Council Member Anderson questioned the impact of the moratorium on those residents currently in the
process of installing pipe in the ditches on their properties. City Manager Jackson replied that it is a
Council policy decision whether to allow them to complete the task. Mr. Anderson stated that the
flooding problem is caused by outfall from across Highway 146 and requested that the actions of the
residents currently in the process of installing the pipe be grandfathered by the ordinance. Mr. Jackson
said that the 90 -day moratorium would allow staff time to review the outfall problem, and study and make
recommendations for improvements.
Council Member Anderson moved amendment of the motion to allow the following property owners to
complete the installation of drainage pipe on their properties: Kerry Frazier, 207 S. Circle, Alton Arnett,
10010 Gloria, and Linda Roy, 322 Circle. Council Member Murray seconded the motion to amend. The
vote follows:
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The amendment carried. The vote on the main motion follows:
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
ORDINANCE NO. 9539
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, IMPOSING A
90 -DAY MORATORIUM ON THE PLACEMENT OF STORM SEWER PIPE AND /OR CULVERTS
IN OPEN ROADSIDE DITCHES IN THE JULIE ANN VILLA SUBDIVISION; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 0303134, approving a variance to Section 6.02 of the Code of
Ordinances to allow the issuance of an alcoholic beverage permit for a restaurant with a mixed -
beverage permit and a food and beverage certificate in Bay Plaza Shopping Center.
Proposed Ordinance No. 030327 -4 grants a variance to Section 6.02 of the Code of Ordinances to Double
M Corporation, the owner of Bocelli Italian Cafe, for the approval of the issuance of an alcoholic
beverage permit for on- premise consumption at a restaurant with a mixed - beverage permit and a food and
beverage certificate. The variance will allow the issuance of a conditional permit.
Council Member Murray moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson and Murray.
Mayor Alfaro.
Nays: Council Member Godwin.
The motion carried.
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Minutes of the Regular Session — March 27, 2003
ORDINANCE NO. 9540
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A
VARIANCE TO SECTION 6 -2 OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS,
TO MARIA H. ZOES TO ALLOW THE ISSUANCE OF AN ALCOHOLIC BEVERAGE PERMIT
FOR ON- PREMISE CONSUMPTION FOR A RESTAURANT WITH A MIXED - BEVERAGE
PERMIT AND A FOOD AND BEVERAGE CERTIFICATE TO BE LOCATED IN THE BAY PLAZA
SHOPPING CENTER IN THE 2300 BLOCK OF NORTH ALEXANDER DRIVE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider approval of plans and specifications for Rollingbrook Drive at Emmett O. Hutto
Boulevard Traffic Light Project and authorize advertisement for bids.
The scope of work includes installation of a fully- actuated traffic signal and associated pavement
markings, appurtenances, and advance assemblies at the intersection of Rollingbrook Drive and Emmett
0 Hutto Boulevard. The estimated construction cost is $115,226.50. Funding is from the 2002 -2003
General Fund. The construction duration is 150 calendar days. Mr. Jackson noted that only $100,000
was budgeted for the signal installation.
Council Member Murray moved approval of plans and specifications for Rollingbrook Drive at Emmett
0. Hutto Boulevard Traffic Light Project and authorize advertisement for bids. Council Member
Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The motion carried.
Consent Agenda
a. Proposed Ordinance No. 030327 -5 awards the purchase of Motorola 800 trunking radio
equipment for the Library, Health, Planning, and Engineering Departments, and the Utility
Billing, Emergency Management, Purchasing, Animal Control, and Inspections Divisions
through Houston - Galveston Area Council (H -GAC) in the amount of $147,657.29 including
H -GAC fee. Purchase of this radio equipment will move all departments except Public Works
and Parks & Recreation to Hams County's radio system. This change will provide better
interdepartmental communications and will help the City avoid spending money to comply
with FCC's refanning requirements. An additional recurring expense of airtime will be
incurred. This cost has been budgeted for the whole year, but will not be paid for the whole
year. The City is purchasing mobile, portable, and control station radios as part of Phase I.
Phase H will be completed next year.
Funding source: 2003 General Obligation Bond funds
Amount budgeted: $150,000
Amount requested: $147,657.29, including H -GAC fee of $3,742.84
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Minutes of the Regular Session — March 27, 2003
b. Proposed Ordinance No. 030327 -6 ratifies an interlocal agreement with Harris County, Texas
to provide the eSlate election equipment for use in the May 3, 2003 election. The services
provided by the County under the agreement includes the rental of the equipment, training of
election officials and technical personnel, delivery of the equipment, mandated testing of the
equipment, preparation of the ballots for use with the equipment and the provision of ballots
for early voting by mail. At the time the contract was prepared, it was anticipated that there
would be a contested race in each city and school district election. Since this will not happen,
the cost will be reduced by the equipment ordered but not required by the election.
Harris County required the return of the contract by March 25, 2003. Therefore we are
asking City Council to ratify the actions of staff.
Funding source: Elections/Hire of Equipment
Amount budgeted: $14,000
Amount requested: $5971.24 (estimate)
d. Proposed Resolution 030327 -2 increases the amount of eligible assistance by $4,035 for
plumbing repairs under the Basic Home Improvement Program for 200 W. Humble Street.
The Basic Home Improvement Program (BHIP) provides income - eligible homeowners up to
55,000 for necessary repairs to bring a home into code compliance, such as roof, plumbing,
and electrical repairs. The current project located at 200 W. Humble Street was designed to
completely renovate the bathroom facilities because of extensive water damage due to leaks in
the drainage line.
Once the plumbing system was exposed, it revealed crumbling cast iron and clay pipes and
evidence of numerous leaks in the water and sewer lines. Staff recommends that the existing
plumbing system be abandoned. The existing system is inoperable and irreparable beneath
the structure. Water and sewer service cannot be restored to the structure without installation
of a new plumbing system. To reroute the plumbing and complete the work prescribed in the
work write -up, additional funds are necessary, which exceeds the limit of the Basic Home
Improvement Program. The office estimate for the additional work is approximately $3,921.
The current contractor, Prolific, Inc. has quoted $4,035. The additional cost quoted by the
contractor increases the original contract price to $9,035.
e. Proposed Resolution No. 030327 -3 is an annual requirement of the Federal Aviation
Administration (FAA) to obtain approval from various area communities concerning the
Chambers County Mosquito Control District's aerial spraying program. Since a portion of the
City of Baytown is in Chambers County, the Chambers County Mosquito Control District
must obtain this permission to apply pesticides for the purpose of mosquito control in this
area.
Council Member Godwin moved adoption of the consent agenda, items a, b, d, and e. Council Member
Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The motion carried.
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Minutes of the Regular Session — March 27, 2003
ORDINANCE NO. 9541
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE
PAYMENT OF ONE HUNDRED FORTY -SEVEN THOUSAND SIX HUNDRED FIFTY -SEVEN
AND 29/100 DOLLARS ($147,657.29) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE
PURCHASE OF MOTOROLA 800 TRUNKING RADIO EQUIPMENT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9542
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING
THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY, TEXAS, FOR THE SUPPLY OF
ELECTION EQUIPMENT AND OTHER SERVICES FOR THE MAY 3, 2003 ELECTION; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1578
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, INCREASING
THE BASIC HOME IMPROVEMENT PROGRAM LIMIT FOR PLUMBING REPAIRS AT 200 W.
HUMBLE STREET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1579
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
THE CHAMBERS COUNTY MOSQUITO CONTROL DEPARTMENT TO USE AERIAL
APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT
PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS;
DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH
AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Item 11(c) was moved from the consent agenda and considered separately:
C. Proposed Ordinance No. 030327 -7 establishes May 8, 2003 as the date for a public hearing to
consider the land use assumptions and capital improvements plan for the City of Baytown.
The public hearing is required prior to adoption of the land use assumptions and capital
improvement plans. This is a necessary predicate to the adoption of impact fees.
Mr. Jackson informed Council that this item had been changed so that it establishes the date for a public
hearing on April 10, 2003, to amend the Comprehensive Plan by updating the land use map.
Council Member Anderson moved adoption of the proposed amended ordinance. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The motion carried.
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Minutes of the Regular Session — March 27, 2003
ORDINANCE NO. 9543
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ESTABLISHING A PUBLIC HEARING DATE TO AMEND THE COMPREHENSIVE PLAN BY
UPDATING THE LAND USE MAP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider appointments to the Tow Truck Committee.
The terms of Lewis McRee and Jim Seth expire in April 2003. Both have agreed to continue to serve if
reappointed by council. Both attended the only meeting held in 2002.
Council Member Murray moved appointment of Lewis McRee and Jim Seth to the Tow Truck
Committee. Council Member Godwin seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The motion carried.
Announcement of Mayor Alfaro's appointment to the Sign Committee.
The term of Otis Graham (Real Estate Appraiser) expired on November 30, 2002. Mr. Graham was
unable to serve another term.
Mayor Alfaro announced that Chet Theiss has been appointed to the Sign Committee to fill this position.
The terms are for two years. No action by Council is required.
City Manager's Report.
Mr. Jackson reported that the Voting plan had received preclearance by the Department of Justice
Mr. Jackson informed Council that the 40`h Anniversary of Sterling Municipal Library will be celebrated
during the annual Evening with the Author, P.J. Pierce of Austin, on April 8, 2003 at 7:00 p.m.
Mr. Jackson announced the appointment of Mike Lester to the H -GAC Regional Emergency/Trauma Care
Policy Council. He explained that the Council consists of 35 members, four of which are at- large. Mr.
Lester has been appointed as an at -large member due to the efforts of Council Member Murray.
For the 4`h of July Celebration, Mr. Jackson related that the headliner will be Jerry Jeff Walker, who is
expected to be joined by his son, Django Walker. The bands will include Tejano performer Jay Perez, the
Baytown Big Band, and a Zydeco band.
Page 10 of 10
Minutes of the Regular Session — March 27, 2003
Ow Adjourn.
Council Member Murray moved that the meeting adjourn. Council Member Godwin seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 7:17 p.m.
/f
Gal W. Sphitb
City Clerk
AM
MINUTES OF THE WORK SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 27, 2003
The City Council of the City of Baytown, Texas, met in work session on March 27, 2003, at 4:40
p.m. in the Council Chamber of Baytown City Hall, 2401 Market Street, Baytown, Texas, with the
following in attendance:
Ronnie Anderson Council Member
Coleman Godwin Council Member
Calvin Mundinger Council Member
Don Murray Council Member
Pete C. Alfaro
Mayor
Gary M. Jackson
City Manager
Ignacio Ramirez, Sr.
City Attorney
Gary W. Smith
City Clerk
Absent: Mercedes Renteria III
Council Member
Scott Sheley
Council Member
The meeting was opened with a quorum present after which the following business was conducted:
Discuss option for restaurant building at Bayland Waterfront.
City Manager Gary Jackson opened the discussion with the debt owed related to the property and
improvements. If any sale of the island is to be considered, the general obligation bonds must be
defeased and the debt to Southwest Bank must be paid. A valid and binding lease is in effect on the
Ships Store.
The restaurant building could be sold. As a part of the transaction, either the note to Southwest
Bank must be paid down or a mechanism must be set in place to pay the debt.
The options involving the restaurant building include paying down the debt and selling the building
or repairing the building and entering into a new lease on the building. The City has received
inquiries from potential purchasers and potential lessees. Staff believes that it is more advantageous
to sell the building. Otherwise the extent of repairs must be determined, the repairs must be made
and the debt must be paid and the City would continue to be the landlord for the facility. Staff
would prefer to seek bids.
A bid program could be structured as follows: $500,000 of the suit proceeds could be used to pay -
down the outstanding debt of $784,000. The property would be sold "as is" with a long -term
ground lease. The purchaser would be required to have repairs made and the structure certified by a
structural engineer that the structure meets the City's building codes. The proceeds of the sale
would be used to pay off the debt.
If no bids are received, then the options of demolishing the structure or repairing the structure and
entering into a new lease could be considered.
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Minutes of the Work Session — March 27, 2003
In any event, the pay -down of the debt would not occur until after bids are received and accepted by
City Council.
The bid package would include an alternate invitation to bid on the purchase of the island. The
invitation to bid would include necessary language to define the protection of the Marsh area, the
condition of a successful election for the sale of parkland, the payment of the general obligation
bonds through defeasing, and recognition of the lease of the Ships Store. Staffs recommendation
for the sale of the island specifically excludes the area adjacent to Highway 146. Only the area
across the bridge would be offered for sale. If an acceptable bid were received, an election for the
sale of the 12.34 -acre parkland tract would be held and the sale would be contingent upon approval
of the sale by the electorate. The bid must provide that the general obligation bonds will be
defeased. The bid must provide for payment of the Southwest Bank debt. The bid must recognize
the encapsulated dredge material and that the marshland is to be preserved in perpetuity.
The bid package would have two elements. The first would address the sale of the restaurant
building. As previously described, $500,000 from the lawsuit proceeds would be used to pay -down
the note and the balance would come from the sale of the building or from the Capital Replacement
Fund as an internal loan. The internal loan would be repaid from the Senterra note payments. The
balance of the lawsuit proceeds would be used to hire an architect to evaluate the Ships Store and
recommend repairs or replacement, designing both. If an acceptable bid is approved, the payments
from the marina lease and general fund proceeds will be used to discharge the balance of the
Southwest Bank note attributable to the Ships Store and other improvements.
The second element of the bid will be for the sale of the island. The conditions of the bid will
include a successful election for the sale of the park land, cash to defease the general obligation
bonds, cash to pay the Southwest Bank note, acknowledgement of the marina lease and a pledge to
honor the terms of the lease, conditions related to the marshland and the dredge spoil areas, and the
future obligation to dredge the marina. The minimum bid would be $4.1 million. Financial
statements and a bid bond would be required. If a bid to purchase the island is accepted, the lawsuit
proceeds will not be used to pay on the Southwest Bank debt.
Bidders may bid on either or both, however, acceptance of a bid on one option excludes acceptance
of the bid on the other option. The timeline for the process includes 30 days to prepare the
invitation to bid, a 45 to 60 day period to receive bids, 30 days to review the bids with final action
in late August.
Members of Council expressed their views that the City should get out of the restaurant and
landlord business. Council Members Mundinger and Murray expressed a desire to place restrictions
on the use of the property in the bid package for the sale of the island.
Discuss outsourcing the operation of the City's pools.
Mr. Jackson stated that through the strategic plan process ideas for cutting expenditures and
increasing revenues are being reviewed. The ideas will be presented to Council. One proposal is
for the outsourcing of the management of the operation of the City's swimming pools. Some cities
have seen significant savings through the process. La Porte has been successful in outsourcing its
operations. The YMCA and several private entities have expressed interest in submitting a bid to
operate the pools. In response to an inquiry from Council Member Anderson, City Attorney Ignacio
Ramirez, Sr. stated that the contract would require sufficient insurance and indemnity of the City,
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Minutes of the Work Session — March 27, 2003
its officers and employees.
Mr. Jackson commended Scott Johnson, Parks Director, and his staff for researching and bring the
proposal forward.
Receive briefing on and discuss First Responder program.
Mr. Jackson noted that he has had questions about the First Responder program and about the use of
fire engines to respond to certain calls. Part of the strategic plan is to bring major programs to the
Council for review.
Fire Chief Dale Palmer began his comments by recognizing the cooperative efforts of Mike Lester,
Director of Health; Byron Jones, Police Chief, and Malcolm Swinney, Director of Communications,
in helping prepare the report. He also noted the work of the EMS Advisory Committee in their
continuing efforts to improve pre - hospital care.
Assistant Fire Chief Shon Blake gave a brief history of emergency medical services in Baytown.
The City began operating EMS in 1986. The First Responder program was begun in 1992. The
purpose of the program is to provide an enhanced service level for critical emergencies. It is part of
the American Heart Association's "Chain of Survival." The locations of the fire stations tend to
provide a more rapid response than is available from the two EMS locations.
The elements of the First Responder program include Scene Management, which provides for safety
and efficient use of resources; Patient Care, of the 200 top cities in the United States, 96% have a
First Responder program; Rescue, provides manpower to assist in critical situations; Staff
Allocation, provision of EMS is labor intensive and the fire personnel are trained to provide basic
life support and the EMS personnel provide the advanced care.
The program provides for a response to 18 critical, life - threatening, emergency scenarios. In the
last 5 years, the Fire Department has responded to 24,686 calls, of which 62% were medical
emergencies. In 2002, the department responded to 4,995 calls, of which 62% were medical
emergencies. The first unit arriving, either Fire or EMS, upon assessment of the medical condition,
can release the second responding unit from the call.
The cost of the program is $2.32 per mile. The average call is 1.5 miles. The cost of equipment and
supplies is $11,083.80 annually. The annual training cost is $6,100. The total annual cost is
$17,183.80. The benefits of the program include optimization of survival and enhancement of the
quality of life.
A review of a typical call was provided.
Mayor Alfaro noted that the Council must determine the most effective and efficient way to provide
the service. While the level of service could be provided exclusively through EMS, additional
resources would be required. The resources appear available in the Fire Department.
In response to inquiries from Council Member Godwin, Chief Palmer stated that the program was
being modified to reduce the responses to minor automobile accidents that did not require additional
assistance or presented no medical emergency.
Page 4 of 4
Minutes of the Work Session — March 27, 2003
Council Member Mundinger left the meeting during the discussion of the First Responder program.
Discuss appointments.
Council Member Murray stated that he would move the reappointment of Lewis McRee and Jim
Seth to the Tow Track Committee.
Adjourn.
There being no further business, Council Member Godwin moved adjournment. Council Member
Anderson seconded the motion. The vote follows:
Aye: Council Members Anderson, Godwin, and Murray
Mayor Alfaro.
Nay: None.
The motion carried and the meeting adjourned at 6:00 p.m.
aSG ith
City Clerk