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2003 05 22 CC Minutesid MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 22, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on May 22, 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 Mercedes Renteria III Council Member Pete C. Alfaro Mayor Gary M. Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk Absent was: Don Murray Council Member Scott Sheley Council Member The meeting was opened with a quorum present and Council Member Anderson led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the special meeting held on May 7, 2003. Council Member Renteria moved approval of the minutes of the special meeting held on May 7, 2003. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider approval of minutes for the work session and regular meeting held on May 8, 2003. Council Member Renteria moved approval of the minutes of the work session and regular meeting held on May 8, 2003. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Page 2 of 11 Minutes of the Regular Session — May 22, 2003 Conduct a public hearing regarding the application of Shawn St. John, agent for T- Mobile, for a Special Use Permit to locate an 85 -foot monopole tower and antenna at 2400% North Main Street, described as Tract 22B, Abstract 709, J. W. Singleton Survey, Baytown, Harris County, Texas. The public hearing was called to order at 6:33 p.m. Section 130 -121 of the Code of Ordinances requires that a public hearing be held before the granting of a Special Use Permit. Notice of the public hearing was published in The Baytown Sun on Thursday, May 1, 2003, at least 16 days before the public hearing. The property is zoned Mixed Use (MU). Freestanding monopole telecommunications towers, 85 feet or less in height, are permitted by right in the MU zoning district, provided that all of the applicable standards of the code are satisfied. The proposed tower location does not meet the criteria set forth in Section 21 -112 "Tower location standards" (c) "Fall zone." Section 21- 112(c) states, "A tower shall be constructed so as to minimize the potential safety hazards and location in such a manner that if the structure should fall along its longest dimension, it will remain within the property boundaries and avoid habitable structures, public streets, utility lines, and other antennas or towers." The proposed tower site is approximately 100 feet from the nearest street and 180 feet from the nearest public street. Innovative Engineering Design Inc. has submitted an affidavit stating that if the tower should fall, the upper 45 feet of the tower would break off, resulting in a fall radius of approximately 45 feet. T- Mobile has agreed to relocate the tower within the lease area so that if the upper 45 feet should fall, it will remain within the property boundaries and avoid striking any structures or public streets. On April 16, 2003, based on the engineering report, the relocation of the tower, and the criteria established in the Cable Communication Ordinance, the Growth Management and Development Advisory Commission unanimously approved recommending that City Council approve the request for a Special Use Permit for the placement of the 85 -foot monopole tower and antenna. No one appeared to speak at the public hearing. The public hearing was closed at 6:35 p.m. Consider Proposed Ordinance No. 030522 -1, granting a Special Use Permit to Shawn St. John, agent for T- Mobile, for a Special Use Permit to locate an 85 -foot monopole tower and antenna at 2400 %z North Main Street, legally described as Tract 22B, Abstract 709, J. W. Singleton Survey, Baytown, Harris County, Texas. Section 130 -121 of the Code of Ordinances requires that a public hearing be held before the granting of a Special Use Permit. Notice of the public hearing was published in The Baytown Sun on Thursday, May 1, 2003, at least 16 days before the public hearing. The property is zoned Mixed Use (MU). Freestanding monopole telecommunications towers, 85 feet or less in height, are permitted by right in the MU zoning district, provided that all of the applicable standards of the code are satisfied. The proposed tower location does not meet the criteria set forth in Section 21 -112 "Tower location standards" (c) "Fall zone." Section 21- 112(c) states, "A tower shall be constructed so as to minimize the potential safety hazards and location in such a manner that if the structure should fall along its longest dimension, it will remain within the property boundaries and avoid habitable structures, public streets, utility lines, and other antennas or towers." Page 3 of 11 Minutes of the Regular Session — May 22, 2003 The proposed tower site is approximately 100 feet from the nearest street and 180 feet from the nearest public street. Innovative Engineering Design Inc. has submitted an affidavit stating that if the tower should fall, the upper 45 feet of the tower would break off, resulting in a fall radius of approximately 45 feet. T- Mobile has agreed to relocate the tower within the lease area so that if the upper 45 feet should fall, it will remain within the property boundaries and avoid striking any structures or public streets. On April 16, 2003, based on the engineering report, the relocation of the tower, and the criteria established in the Cable Communication Ordinance, the Growth Management and Development Advisory Commission unanimously approved recommending that City Council approve the request for a Special Use Permit for the placement of the 85 -foot monopole tower and antenna. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9562 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT TO T- MOBILE TO LOCATE AN 85 -FOOT MONOPOLE TELECOMMUNICATIONS TOWER AND ANTENNA AT 2400 %z NORTH MAIN STREET; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030522 -2, awarding a professional services contract for the Hardin Road Reconstruction Project and associated drainage work. Proposed Ordinance No. 030522 -2 awards an engineering contract in an amount not to exceed $102,833, to Pate Engineers, Inc. for the Hardin Road Reconstruction Project and associated drainage work. The total amount for basic and additional services is $23,652 for drainage and $79,181 for roadway reconstruction. Reimbursables will not exceed $2,000 ($1,000 for final design/bid documents, $1,000 for construction phase services); $1,500 for surveying; and $4,633 for geotechnical services. The estimated construction cost for the drainage portion of the project is $206,229. The estimated cost for the street improvements is $563,720. The total estimated cost for professional services and associated construction for both drainage and street improvements is $872,782. This street was originally a part of the Street Bond design program being prepared by Claunch & Miller, Inc. It was removed from that project to better coordinate the design and construction activities between the drainage improvements and the street improvements. The project will be funded by 2002 General Obligation Bonds. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Page 4 of 11 Minutes of the Regular Session — May 22, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9563 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 PATE ENGINEERS, INC., FOR THE HARDIN ROAD RECONSTRUCTION PROJECT AND ASSOCIATED DRAINAGE WORK; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF ONE HUNDRED TWO THOUSAND EIGHT HUNDRED THIRTY -THREE AND NO1100 DOLLARS ($102,833.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030522 -3, awarding a contract for professional services for the design of the Baytown Police Academy. Proposed Ordinance No. 030522 -3 awards a professional services contract to Freese & Nichols, Inc. in an amount not to exceed $130,075 for architectural and engineering services for the design of the Baytown Police Academy. The costs are as follows: basic services, $103,975; expanded construction services, $10,600; programming, $7,500; reimbursables, $4,000; and geotechnical investigation and report, $4,000. The scope of work for this project includes programming, overall design, and preparation of the plans and specifications. Freese & Nichols, Inc. will also conduct onsite meetings and review the contractor's work. This project will be funded from the CCPD Construction Fund. City Manager Jackson noted that on the advice of Coats, Rose, Yale, Ryman & Lee, P.C., the firm which conducted an investigation of the delays and workmanship issues associated with the court and jail facilities, an architectural firm in the Houston area had been recommended. This will allow closer oversight over the project. More frequent visits to the site during construction will be required. He said a separate project management contract will be a part of the project. Bob Merchant, on behalf of the Police Training Academy Advisory Board, thanked Council for the action toward completion of this project. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9564 Page 5ofII Minutes of the Regular Session — May 22, 2003 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 PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., FOR THE DESIGN OF THE BAYTOWN POLICE ACADEMY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND SEVENTY -FIVE AND NO /100 DOLLARS ($130,075.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No 0305224, awarding a professional services contract for the design of the Baytown Emergency Operations Center. Proposed Ordinance No. 030522 -4 awards a professional services contract to Freese & Nichols, Inc. in an amount not to exceed $142,948 for architectural and engineering services for the design of the Baytown Emergency Operations Center (EOC). The costs are as follows: basic services, $114,348; expanded construction services, $10,600; programming, $10,000; reimbursables, $4,000; and geotechnical investigation and report, $4,000. The scope of work for this project includes programming, overall design, and preparation of the plans and specifications. Freese & Nichols, Inc. will also conduct onsite meetings and review the contractor's work. This project will be entirely funded by two separate 2001 Economic Development Incentive Special Project grants totaling $1,446,810 administered by the U. S. Department of Housing and Urban Development. City Manager Jackson noted that on the advice of Coats, Rose, Yale, Ryman & Lee, P.C., the firm which conducted an investigation of the delays and workmanship issues associated with the court and jail facilities, an architectural firm in the Houston area had been recommended. This will allow closer oversight over the project. More frequent visits to the site during construction will be required. He said a separate project management contract will be a part of the project. Mr. Jackson commended Assistant City Manager Bob Leiper for obtaining the grants for the project. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. As a member of the Architect and Engineering Selection Committee, Council Member Mundinger stated that Freese & Nichols, Inc. had been recommended to Council for this project as well as for the Baytown Police Academy project, due to the firm's vast experience in the design of such facilities as well as it being a Houston -area firm. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Page 6 of 11 Minutes of the Regular Session — May 22, 2003 ORDINANCE NO. 9565 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 PROFESSIONAL SERVICES AGREEMENT WITH FREESE & NICHOLS, INC., FOR THE DESIGN OF THE BAYTOWN EMERGENCY OPERATIONS CENTER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY -TWO THOUSAND NINE HUNDRED FORTY - EIGHT AND N01100 DOLLARS ($142,948.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030522 -5, approving a contract addendum with Larson/Burns, Inc. for engineering and landscape architectural consulting services for the development of the Goose Creek Stream Greenbelt, Phase III. Proposed Ordinance No. 030522 -5 approves a contract addendum in the amount of $24,615.16 with Larson/Bums, Inc. for engineering and landscape architectural consulting services for the development of the Goose Creek Stream Greenbelt, Phase III. City Council approved the original contract on June 12, 1997 in the amount of $94,419. Council approved an addendum in September 1999 in the amount of $60,000. With the proposed addendum, the total professional services contract for the project is $179,034.16. The current construction cost estimate is $1,632,281. An Intermodal Surface Transportation Efficiency Act (ISTEA) grant will provide 80% of the funding in the amount of $143,227.33. The remaining 20% ($35,806.83) will be funded through the 1991 bond program. Council Member Godwin moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9566 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING ADDENDUM NO. 2 TO THE PROFESSIONAL CONSULTANT SERVICES CONTRACT BETWEEN THE CITY OF BAYTOWN AND LARSON DESIGN GROUP, INC., DB /A LARSONBURNS, INC., FOR ENGINEERING AND LANDSCAPE ARCHITECTURAL CONSULTING SERVICES FOR THE DEVELOPMENT OF THE GOOSE CREEK STREAM GREENBELT PROJECT, PHASE III; AUTHORIZING PAYMENT IN THE AMOUNT NOT TO EXCEED TWENTY -FOUR THOUSAND SIX HUNDRED FIFTEEN AND 16/100 DOLLARS ($24,615.16); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7ofII Minutes of the Regular Session — May 22, 2003 Consider Proposed Ordinance No. 030522 -6, awarding a construction contract for the Rollingbrook at Emmett O. Hutto Boulevard Signalization project. Proposed Ordinance No. 030522 -6 awards a construction contract to Pfeiffer & Son in the amount of $120,772.35 for the Rollingbrook Drive at Emmett O. Hutto Boulevard Signalization project. The scope of work includes the installation of a fully- actuated signal and associated pavement markings, appurtenances, and advanced warning assemblies at the intersection of Rollingbrook Drive and Emmett Hutto Boulevard. Funding is available in the 2002 -2003 General Fund budget ($100,000 from the capital line item, $25,000 from the traffic operating account). The construction duration is 150 calendar days. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9567 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH PFEIFFER & SON FOR THE EMMETT 0. HUTTO BOULEVARD SIGNALIZATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED TWENTY THOUSAND SEVEN HUNDRED SEVENTY - TWO AND 35/100 DOLLARS ($120,772.35); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030522 -7, approving an interlocal agreement with Goose Creek Consolidated Independent School District for the outsourcing of the City's tax collection operations beginning tax year 2003. The fee for GCCISD to perform this service will be $2.00 per certified parcel. The estimated net savings to be realized from outsourcing this operation is $74,500. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. It was noted that this agreement would have no impact on the contract for delinquent tax collection. In response to Council Member Renteria, City Manager Jackson reiterated that a previously circulated Attorney General's opinion concerns the applicability of the conflict of interest statute to an employee of the school district who served on City Council. The opinion held that a school district was not a business entity and that the conflict of interest provisions did not apply in such case. The vote follows: Page 8ofII Minutes of the Regular Session — May 22, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9568 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 AN INTERLOCAL CONTRACT FOR PROPERTY TAX COLLECTION SERVICES WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, FOR THE OUTSOURCING OF THE CITY'S TAX COLLECTION OPERATIONS BEGINNING TAX YEAR 2003; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approval of plans and specifications for the Pinehurst Sanitary Sewer Project and authorize advertisement for bids. This project will include the installation of approximately 2,000 linear feet of new 12 -inch diameter sanitary sewer main line, manhole replacement, and storm sewer replacement. The estimated construction cost for this project is $448,285. The construction duration is 150 calendar days. This project will be funded by 2002 and 2003 Certifications of Obligation. Council Member Godwin moved approval plans and specifications for the Pinehurst Sanitary Sewer Project and authorization of advertisement for bids. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider authorizing the development of plans and specifications for the Street Bond program. City Manager Jackson said that proceeding with the final design phase, those streets previously identified for assessment at the December 12, 2002 Council meeting will be divided into a two - phase bidding process. He noted that there are various considerations, such as street width, drainage crossing, paving of street -side parking, and right -of -way complications that will need to be addressed. He said that some of these concerns are outside the normal scope of services of the contract and Council's policy for the resolution of the issues must be determined as well as the impact on the fee structure of the engineering contract, which is currently only for basic services. Page 9ofII Minutes of the Regular Session — May 22, 2003 Assistant City Manager Bob Leiper explained that Claunch & Miller, Inc. had been retained to perform an assessment of the streets and prepare a preliminary cost estimate, which had been presented to Council on December 12, 2002. He said that the basic fee for the estimated $6.5 million project was based on a fee curve, which decreases in inverse proportion to the amount of design work done. As the project progresses and issues such as drainage are identified as well as the division of the streets into two separate projects, staff has determined that additional engineering services may be necessary. (Two projects will require two sets of plans and specifications, two pre -bid conferences, two contractors, etc.) Mr. Leiper reminded Council that the project is billed on an hourly basis, based on the work done, with a not -to- exceed amount for basic services. He said that normally with a contract of this type, unless the scope of work changes, it is not amended in the midst of the project, because if the work could be accomplished within the original scope of the contract, it would not exceed the amount for basic services. Mr. Leiper said staff wants Council to be aware that as the project progresses, certain matters, such as the policy to resolve certain issues, and the division into two separate projects, will require additional engineering work beyond the scope of basic services, as stated in the contract. He said that staff recommends that if Council determines the streets in the project and authorizes the development of plans and specifications at this meeting, that Council additionally authorize the City Manager to issue a Notice to Proceed when staff has fully developed those issues with the engineer, in order to clearly identify basic services and additional services. He noted that this will not delay the basic engineering on the project, but until the issues are developed, the Notice to Proceed will not be given to the engineer. City Manager Jackson summarized staff's recommendation: that Council authorize the City Manager to issue a Notice to Proceed with the plans and specifications for full design of the streets identified in the preliminary engineering report as soon as the procedures and mechanics are worked out with the engineering firm for the implementation of the project. Council Member Renteria moved approval of the development of plans and specifications for the Street Bond program and authorization for the City Manager to issue a Notice to Proceed as soon as the procedures and mechanics are worked out with the engineering firm. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consent Agenda a. Proposed Ordinance No. 030522 -8 approves payments for services relating to the issuance of the City's Series 2003 Certificates of Obligation and Series 2003 General Obligation Bonds. Issuance costs include payments to the City's financial advisors, bond counsel, and rating agencies. Issuance costs were included in the amount of bonds issued and were estimated at $150,000. The estimated cost of issuance was a conservative estimate based on typical issuance expenses. Because the City issued the Certificates and General Obligation Bonds together, economies of scale were realized that provided additional savings. Page 10 of 11 Minutes of the Regular Session — May 22, 2003 Company Vinson & Elkins First Southwest Chase Bank Moody's Standard & Poor's Service Bond Counsel Financial Advisor Paying Agent Bond Rating Bond Rating Total Payment $26,306.10 $46,880.19 $600.00 $9,500.00 $9,500.00 $92,786.29 b. Proposed Resolution No. 030522 -1 adopts a policy to provide for the collection and display of the portraits of all former and future mayors of the City. Adoption of this policy reflects an awareness of the history of our City and of the contributions that the mayors have made to our City. The policy will establish that a portrait of each person who has been elected Mayor of Baytown will be displayed in the Council Chamber. C. Proposed Resolution No. 030522 -2 authorizes the City Manager to request the extension of the budget year of the Harris County Organized Crime Unit and Narcotics Taskforce and authorizing the utilization of unexpended funds from the current grant to operate during the extension period. This item was removed from consideration. d. In accordance with the Public Funds Investment Act Section 2256 -023 (a) and (b), the Investment Report for the period ending March 31, 2003 is submitted for review. e. The six -month financial information for the period ending March 31, 2003 is submitted for review. Council Member Renteria moved adoption of the consent agenda, items a, b, d, and e. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9569 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT FOR SERVICES RELATING TO THE ISSUANCE OF THE CITY'S SERIES 2003 CERTIFICATES OF OBLIGATION AND SERIES 2003 GENERAL OBLIGATION BONDS IN AN AMOUNT OF NINETY -TWO THOUSAND SEVEN HUNDRED EIGHTY -SIX AND 29/100 DOLLARS ($92,786.29); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 11 of 11 Minutes of the Regular Session – May 22, 2003 RESOLUTION NO. 1588 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A POLICY CONCERNING MAYORAL PORTRAITS AND THEIR DISPLAY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Manager's Report City Manager Jackson informed Council that City pools open on May 24, 2003, for the first time under contract with the Y.M.C.A. for pool management services. Mr. Jackson announced that the Memorial Day service will be held on Monday, May 26, 2003, at the Veterans' Plaza. The rainout location is the Community Center. Mr. Jackson noted that the annual hurricane meeting will be held on Thursday, June 19, 2003, 6:30 p.m. at City Hall. Mr. Jackson submitted the following budget schedule: July 31, 2003 — submit proposed budget to City Council and schedule public hearings on the proposed budget; August 4 -6, 2003 —City Council budget work sessions; August 28, 2003— Public hearing on the proposed budget and tax rate; and, September 11, 2003 —City Council adopts 2003 -2004 budget and tax rate. Mr. Jackson proposed two additional pre- budget work session dates. After brief discussion, it was the consensus of Council present that these sessions be held on June 16 and June 23, 2003. Mr. Jackson announced that the Texas Commission on Law Enforcement Achievement Awards Ceremony in Austin, on June 4, 2003 at 2 :30 p.m., will honor Officer Marvin Currie and Lieutenant Claud Deel (among others) for valor. Mr. Jackson introduced Yvonne Gutierrez, a Fire Department Administration employee, and a member of the Alpha Beta Gamma Honor Society, who just graduated from Lee College with an Associate Degree in Science and Business Administration. Ms. Gutierrez introduced her husband and sons. Adjourn. Council Member Godwin moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7 13 p.m. daYy W. mith City Clerk MINUTES OF THE WORK SESSION *. OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 22, 2003 The City Council of the City of Baytown, Texas, met in work session on May 22, 2003, at 5:00 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 Mercedes Renteria III Council Member Pete C. Alfaro Mayor Gary M. Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk Absent were: Don Murray Council Member Scott Sheley Council Member The meeting was opened with a quorum present after which the following business was conducted: Receive and discuss preliminary engineering report on the design work associated with the Street Bond program. Gary Jackson, City Manager, noted that the item was a continuation of previous presentations related to the Street Bond program. An updated estimate of costs was provided to Council. Sam Cruze, of Claunch & Miller, engineers, reviewed the progress of the Street Bond program. The bonds are in the amount of $20,000,000. Fugro -BRE conducted an analysis of all the streets in Baytown. The Street Bond Committee reviewed the analysis and recommended thirteen streets. Claunch & Miller were retained to perform professional services for the first two years of the program. James Bowie Drive and Kilgore Road were removed from the list. The preliminary design proceeded on eleven streets. The current estimate of cost totals $9.3 million, including a 20% contingency. Paving constitutes 60% of the cost with utility work and drainage comprising 20% each. Mayor Alfaro stated that the utility work and drainage work would not be done if the street work was not being done. Mr. Cruze explained the difficulty in developing plans on the streets in established neighborhoods due to street widths, trees, landscaping, drainage facilities, and street -side parking. The cost presented included replacing existing structures in -kind. He urged Council to consider policy decisions, including approval of a narrower width for S. Pruett; establish a minimum culvert size for N. Burnett; establish roadside ditch grades; determine the nature of drainage crossings; replacement of water lines on Country Club and Utah; relax the 600 -foot gutter run rule for Amy and McFarland and waive the rule on S. Pruett. Page 2 of 3 Minutes of the Work Session — May 22, 2003 f Council was presented with the proposal to develop the plans for all eleven streets as one package, or to divide the streets into two packages. The anticipated cost would be close to the same for either method. By dividing the program into two packages, it is anticipated that work would start sooner. The commencement of construction might be advanced from January, 2004 under the consolidated proposal to December, 2003 in the split proposal. Completion may be advanced from June, 2005 in the consolidated proposal to June and October, 2004 in the split proposal. The advantages of splitting the program include starting sooner, more bidders, lower bonds, and ease of accelerating the program. The disadvantages include the loss of economies of scale and additional management effort. Mayor Alfaro requested that a cost value be placed on the policy decisions that were requested. Council Member Renteria requested information on traffic calming. Receive presentation and discuss warrant collection proposal. Mr. Jackson explained that staff is reviewing means of revenue enhancement. The establishment of a Marshal program to enhance warrant service is one proposal for Council to consider. Gary Smith, City Clerk, introduced Lynda Kilgore, Municipal Court Administrator, and Rebecca Luckey, Administrative Assistant II, and explained that the purpose of the presentation is to provide an overview of the concept of a Marshals Office and the benefits for the City. Lynda Kilgore made the presentation. The City is confronted by an increasing number of warrants. The warrants arise from people who are cited to appear in Court and do not appear and from people who do not pay fines that are assessed. This is not uncommon for cities and courts. Other cities have used a Marshals Office to assist with this problem. Marshals are dedicated to serving the warrants and collecting delinquent fines. Court security is provided by a police officer assigned as a bailiff. He has no warrant/fine collection duties. The position is primarily funded through the Building Security Fund —from court costs. In our current system, far more warrants are issued than are served. We presently address the issue through police activity and a warrant collection agency. We did conduct an amnesty program earlier this year and we will provide the results later in the presentation. City Marshals are peace officers who receive authority from the ordinance creating the position. By ordinance the Marshals focus will be on serving Court papers (warrants), collecting delinquent fines, and preserving order in the Court. The position will be similar to the Fire Marshals in the Fire Department. The duties will include execution of warrants and civil process (subpoenas and summons), duties as a peace officer as defined by the Code of Criminal Procedure, Court security, and other duties as assigned. In addition to the usual peace officer training, Marshals receive specialized training about courts, court procedures and operations, the duties of a bailiff, and all aspects of the collection process. Page 3 of 3 Minutes of the Work Session – May 22, 2003 A police officer has one option when a person with an outstanding warrant is encountered —to make an arrest. A Marshal may arrest —and —if empowered by the ordinance —may collect the fine and issue a receipt. This saves time, trouble, embarrassment, money, and effort. A Marshal may escort a person to an ATM to get the needed money. Benefits of a Marshal program include increased revenue, Court security, and a peace officer dedicated to the needs of the Court. Special funds are available to provide training to a Marshal. The Marshall will be hired by and report to the City Clerk through the Court Administrator. This will provide a lower stress level for the officer due to the single chain of command. Expenses to start the program include salary and benefits, uniforms and equipment, vehicle, office and office supplies and a desk. Other cities have experienced a 40% increase in revenues after the institution of a Marshals Office. We project a 30% increase, to produce an additional $574,468 revenue to the City, plus the $49,420 from the Building Security Fund; with $205,820 in first year expenses. The expenses of the current Bailiff are included in the expenses. The Bailiff will be returned to the Police Department with the revenues of the Marshal program providing the expenses for the first year. The two -week amnesty program generated $108,000 in net revenue for the City. The total revenue is projected to be $623,868. The total expenditures are projected to be $205,820. The net increase is projected to be $418,048. Information from other cities utilizing Marshals was presented. Establishing a Marshall program will infomr those who choose to ignore their tickets that they can no longer hide from their responsibility. Adjourn. There being no further business, Council Member Anderson moved adjournment. Council Member Renteria seconded the motion. The vote follows: Aye: Council Members Anderson, Godwin, Mundinger, and Renteria Mayor Alfaro Nay: None. The motion carried and the meeting adjourned at 6:22 p.m. �fl G W. Smith City Clerk