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2003 05 08 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 8, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on May 8, 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 Calvin Mundinger Council Member Don Murray Council Member Mercedes Renteria III Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Gary M. Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The meeting was opened with a quorum present. Mayor Alfaro welcomed the students present. Council Member Murray led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the work session held on April 17, 2003. Council Member Mundinger moved approval of the minutes of the work session held on April 17, 2003, correcting the statement by Mayor Alfaro on page four pertaining to further consideration by the Ad Hoc Committee. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider approval of minutes for the work session and regular meeting held on April 24, 2003. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on April 24, 2003. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 2of7 Minutes of the Regular Session — May 8, 2003 Administer Oaths of Office to the newly elected Council Members. City Attorney Ignacio Ramirez, Sr. administered the oath of office to Council Member District No. 1, Mercedes Renteria III, Council Member District No. 2, Scott Sheley, and Council Member District No. 3, Calvin Mundinger. Mayor Alfaro delivered the certificates of election to the newly elected Council Members. Consider Proposed Ordinance No. 030508 -1, awarding a professional services contract for the Kingsbend Sanitary Sewer Rehabilitation Project. Proposed Ordinance No: 030508 -1 awards an engineering contract in an amount not to exceed $115,662, to Lockwood, Andrews, & Newman, Inc. for the Kingsbend Sanitary Sewer Rehabilitation Project. Compensation for basic services is an amount not to exceed $90,734. Reimbursable expenses will not exceed $2,750. The engineering consultants' fee for surveying will not exceed $22,178. The scope of work includes the design effort to produce plans and specifications for the Kingsbend sanitary sewer rehabilitation project. The total estimated cost of the project is $1,200,000. The project will be funded by 2003 Revenue Bonds and Water and Sewer Fund. The Architectural & Engineering Committee recommends approval of the contract. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9559 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LOCKWOOD, ANDREWS, & NEWMAN, INC., FOR THE KINGSBEND SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF ONE HUNDRED FIFTEEN THOUSAND SIX HUNDRED SIXTY -TWO AND N01100 DOLLARS ($115,662.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030508 -2, changing the 2002 -2003 fiscal year budget to reprogram funding from the Big Missouri Lift Station Project to the West Baytown Sewer Rehabilitation Project, the Steinman Sewer Rehabilitation Project, and the Eva Maude Sewer Rehabilitation Project. Proposed Ordinance No. 030508 -2 changes the 2002 -2003 fiscal year budget to provide for funding for the West Baytown Sewer Rehabilitation Project, the Steinman Sewer Rehabilitation Project, and the Eva Maude Sewer Rehabilitation Project. Funding is available in the current year budget for construction of the Big Missouri Lift Station Project in the amount of $850,000. Page 3 of 7 Minutes of the Regular Session — May 8, 2003 Funding can be delayed in this project because it is in the design phase and it is not reasonably anticipated that construction funds will be required this fiscal year. By reprogramming these funds $250,000 can be provided for the design costs of the West Baytown Sewer Rehabilitation Project to allow its design to begin this fiscal year; $100,000 can be provided to the Steinman Sewer Rehabilitation Project to allow work to continue on the project; and $500,000 can be provided to the Eva Maude Sewer Rehabilitation Project to allow expeditious completion of the project. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9560 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2002 -2003 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FUNDS FROM THE BIG MISSOURI LIFT STATION PROJECT TO THE WEST BAYTOWN SEWER REHABILITATION PROJECT, THE STEINMAN SEWER REHABILITATION PROJECT, AND THE EVA MAUDE SEWER REHABILITATION PROJECT; MAKING OTHER REPRESENTATIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030508 -3, authorizing payment for the annual software maintenance agreement for the Police Department's Mobile Data Terminal software. Ordinance No. 030508 -3 authorizes payment in the amount of $42,818 for the annual software maintenance agreement to Versaterm, Inc. This maintenance support is for the Police Department's Mobile Data Terminal (MDT) software for the period June 1, 2003 to May 31, 2004. This system is used in the patrol cars to do real -time queries on various databases without being required to contact dispatch for the information. This is a sole source procurement. The cost this year reflects a 2.5% increase over last year because additional patrol cars have been fitted with the MDT units. Funding is available in the ITS general fund budget. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 4 of 7 Minutes of the Regular Session — May 8, 2003 ORDINANCE NO. 9561 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY -TWO THOUSAND EIGHT HUNDRED EIGHTEEN AND NO /100 DOLLARS ($42,818.00) TO VERSATERM, INC., AS THE COST FOR THE ANNUAL SOFTWARE MAINTENANCE AGREEMENT FOR THE BAYTOWN POLICE DEPARTMENT'S MOBILE DATA TERMINAL SOFTWARE FOR THE PERIOD COMMENCING ON JUNE 1, 2003, AND ENDING ON MAY 31, 2004; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 030508 -1, requesting the sheriff or constable to sell the property located at 3311 Wisconsin Street, Baytown, Harris County, Texas, at a public sale pursuant to Section 34.05(c) of the Texas Tax Code. Proposed Resolution No. 030508 -1 requests the sheriff or constable to sell the property located at 3311 Wisconsin Street, Baytown, Harris County, Texas, 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 property: Property Address: 3311 Wisconsin Street, Baytown, Texas 77520 Legal Description: Lot 5, Block 8, East Baytown Number and Style of Suit: Cause No. 1990- 12308; City of Baytown v. Roberta Lee Campbell; In the 80`h Judicial District Court, Harris County, Texas Date of Tax Foreclosure Sale: May 4, 1999 The right of redemption has expired on this property. This property contains no improvements. Council Member Renteria moved adoption of the proposed resolution. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 5 of 7 Minutes of the Regular Session — May 8, 2003 RESOLUTION NO. 1587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 3311 WISCONSIN STREET, BAYTOWN, HARRIS COUNTY, TEXAS, AT A PUBLIC SALE PURSUANT TO SECTION 34.05 (C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approval of plans and specifications for the Community Center Asbestos Abatement Project and authorize advertisement for bids. The scope of work includes abatement of all friable surfacing asbestos containing materials and renovation of affected materials. The estimated cost for abatement is $150,000, and will be funded by 2002 General Obligation Bonds. This is a part of the total funding of $1,250,000 allotted for the Community Center renovation project. Asbestos abatement is typically done separately from the general construction project. Council Member Murray moved approval of plans and specifications for the Community Center Asbestos Abatement Project and authorization for advertisement for bids. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Discuss and provide direction to staff regarding a request from the Bay Area Heritage Society for $5,328 for roof repairs to Wooster School Building located at the Republic of Texas Plaza at the Gray Sports Complex. The Bay Area Heritage Society has requested $5,328 for roof repairs to Wooster School Building, which is located at the Republic of Texas Plaza at the Gray Sports Complex. The minutes of the November 14, 1985 City Council meeting reflect that the City Council granted approval to the Society to relocate the old Wooster School House to the Republic of Texas Plaza. The November 14, 1985 minutes also state that all costs (moving, restoration, continual upkeep, and utility costs) will be borne by the Heritage Society. This request is for "one- time" assistance due to the cost of the roof repair. Construction must be in compliance with the City's building code. As a not - for - profit organization, the Society performs historical preservation services for the community. There are no general fund dollars available for this project. However, a contract compensating the Society for historical preservation services, funded out of Hotel -Motel tax revenue, could be the mechanism for providing the requested funds. If funded, the contract would include required provisions as follows: Page 6 of 7 Minutes of the Regular Session — May 8, 2003 • Written, prior approval of the Society's annual budget, • Quarterly reports from the Society listing expenditures made with the tax revenue. • Maintenance of the funds in a separate account to prevent commingling of the tax revenue with other funds of the Society, • Creation of a fiduciary duty in the Society with respect to the tax revenue, and • Compliance with Texas Government Code, Chapter 552, Texas Public Information Act. Mayor Alfaro informed Council that the Bay Area Heritage Society understands the statutory requirements and noted that Wanda Mitchell was present to answer any questions. It was observed that this will be funded by Hotel -Motel tax revenue and involve no general fund money. Mayor Alfaro stated that, based on the discussion, staff is directed to develop an agreement with the Bay Area Heritage Society for $5,328 for roof repairs to Wooster School Building located at the Republic of Texas Plaza at the Gray Sports Complex. Consider a request from Bayou Bowl Steering Committee for the City to pay the costs of on -site security and Emergency Medical Services (EMS) at the inaugural Bayou Bowl Texas /Louisiana High School All Star Football Game in June from the Hotel/Motel Fund. The Bayou Bowl will feature Texas High School Football All -Stars vs. Louisiana Football All - Stars. The 1St annual Bayou Bowl will be played on June 21 in Stallworth Stadium. A Steering Committee has been established consisting of representatives from various public and private organizations to plan this event. This game is expected to draw out -of -state visitors to stay in our motels as well as receiving television exposure for Baytown on the Fox Sports Southwest television station in a five (5) state region (Texas, Louisiana, Arkansas, Oklahoma, and New Mexico). The Bayou Bowl Steering Committee has requested that the City of Baytown pay for the cost of security and EMS that are directly related to the game. Funding may be from the Hotel/Motel Fund. These costs consist of overtime expenses for: • ten (10) off -duty Baytown Police Officers on -site ($1,000) • eight (8) GCCISD security personnel ($600) • a standby EMS ambulance & crew ($180) The total cost would be $1,780. These funds are available in the Hotel -Motel Fund Contingency. Council Member Murray moved approval of the request from Bayou Bowl Steering Committee for the City to pay the costs of on -site security and Emergency Medical Services (EMS) at the inaugural Bayou Bowl Texas /Louisiana High School All Star Football Game in June from the Hotel/Motel Fund. Council Member Anderson seconded the motion. There was discussion regarding the participation of county constables. Security for this event will be provided as it is for GCCISD football games, i.e., county constables patrolling the roads outside the stadium, City of Baytown officers providing security inside the stadium, and GCCISD security personnel handling the parking lot. Page 7 of 7 Minutes of the Regular Session — May 8, 2003 It was noted that the Bayou Bowl is a not - for -profit event, sponsored by the Greater Houston Coaches Association, and that all proceeds go into a scholarship fund for the players. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. City Manager's Report. City Manager Jackson informed Council that he, the Mayor, and City staff had recently attended two meetings with the Texas Commission on Environmental Quality to report changes that had been made to the City's Wastewater Improvement Program. He said capacity and compliance issues are being addressed, as in the case of the fund reprogramming for the West Baytown Sewer Rehabilitation Project, the Steinman Sewer Rehabilitation Project, and the Eva Maude Sewer Rehabilitation Project. He said staff is studying a timeframe of ten years for the program which will be incorporated in the Water and Sewer Rate Study currently underway. Depending upon the results of the study, he noted that the program may have to be accelerated in coming years. Mr. Jackson announced that Assistant City Manager Bob Leiper had earned a Masters Degree in Public Administration and congratulated him for his accomplishment. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfam. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:08 p.m. Gaily W. 9mith Ao� City Clerk MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 8, 2003 The City Council of the City of Baytown, Texas, met in work session on May 8, 2003, at 5:50 p.m. in the Hullum Conference Room 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 Mercedes Renteria III Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Gary M. Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The meeting was opened with a quorum present after which the following business was conducted: Discuss outsourcing ad valorem tax collection to Goose Creek Consolidated Independent School District. City Manager Gary Jackson responded to an inquiry from Council Member Renteria concerning the applicability of the conflict of interest statute to an employee of the school district who served on City Council. Mr. Jackson referred to an opinion from the Texas Attorney General, a copy of which was provided to the members of Council, which held that a school district was not a business entity and that the conflict of interest provisions did not apply in such case. Mr. Jackson continued to relate that staff is looking for ways to reprogram funds, outsource services, increase revenues and other means to provide services more efficiently and effectively. Assistant Superintendent Paul McLarty of Goose Creek Consolidated Independent School District has met with City staff to review the potential of joint activities between the City and School District, including joint tax collection. Donna Sams, Finance Director, reviewed the proposal with City Council. The benefits of the program include the elimination of duplicate efforts (both the City and School District mail tax bills and employ personnel to receive payments), provide a single location for the payment of local taxes, simplification of activity for taxpayers (one tax bill, one payment location), and redirect staff to the utility billing/collection function. In order to properly perform tax collection, the City would be required to make additional expenditures. The School District has made the expenditures and is currently collecting taxes for Lee College. The net savings to the City are projected to be $74,500. No disadvantages have been determined. The Finance Committee has reviewed the proposal. Council Member Anderson noted that additional savings might result from the redirecting of staff activity to the utility billing/collection activities. Page 2 of 2 Minutes of the Work Session — May 8, 2003 Ms. Sams introduced Suzi Tallent. Ms. Tallent has headed tax collections for the City and if the joint program is approved, will serve as the liaison for tax collection. Council Member Murray asked staff to study whether using a single law firm to collect taxes would bring additional savings. Mr. Jackson responded that the legal activities could be made joint or could remain separate. The contract will allow that flexibility. Mayor Alfaro stated that he has received assurances that the School District office will be able to do the job. He then asked about the proposed duration of the agreement and if there would be provisions related to increases in fees. Ms. Sams responded that the initial term would be for one year. Ignacio Ramirez, Sr., City Attorney, responded that the School District did not want to use a Consumer Price Index factor for increases. The contract will contain a provision to establish a maximum increase in fees. The School District has expressed a desire to cover their costs and not make a profit from the activity. Mr. Jackson noted that any increases would be the same for the City and Lee College. Mr. McLarty stated that the intent was to simplify the process and ask for an increase only if the cost increased. The contract would contain an annual ceiling on increases and a three -year cumulative increase ceiling. Mr. Jackson informed Council that the timeline for the program is to present an interlocal agreement to Council for approval at the next Council meeting, without the topic being included in another work session. The goal is to have the program in place for the next tax collection cycle. Council Member Anderson stated that the Finance Committee recommends the program. Mr. Ramirez noted that separate attorneys might be better. The form for each entity could focus on different taxpayers, thereby generating greater collections. Adjourn. There being no further business, Council Member Anderson moved adjournment. Council Member Mundinger seconded the motion. The vote follows: Aye: Council Members Anderson, Godwin, Murray, Mundinger, Renteria and Sheley Mayor Alfaro Nay: None. The motion carried and the meeting adjourned at 6:09 p.m. G W. Smith City Clerk