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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. Page 3 of 10 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. Page 4 of 10 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. Page 5 of 10 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. Page 6 of 10 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 Page 7 of 10 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. Page 8 of 10 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. Page 9of10 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. Page 2 of 4 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, Page 3 of 4 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