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2003 07 10 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 10, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on July 10, 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 Pete C. Alfaro Mayor Gary M. Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The following Council Member was absent: Scott Sheley Council Member The meeting was opened with a quorum present. Mayor Alfaro asked for prayers for the father of Council Member Scott Sheley who had been hospitalized. The Mayor recognized his daughter, son -in -law, and granddaughter in the audience. He also thanked those who had prayed on behalf of his two -year old grandson who had recently undergone open -heart surgery. Council Member Godwin led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the work session and special meeting held on June 23, 2003. Council Member Mundinger moved approval of the minutes of the work session and special meeting held on June 23, 2003. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider approval of minutes of the work session and regular meeting held on June 26, 2003. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on June 26, 2003. Council Member Anderson seconded the motion. The vote follows: Page 2 of 14 Minutes of the Regular Session — July 10, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Citizen Communications: Cindy Ibert, 5133 Bayou Boulevard, requested access to the City sewer system for property located at 4305 Barkaloo. Mayor Alfaro said that normally, requests received under `Citizen Communications' are referred to Administration for response. He noted however, that Ms. Ibert had already discussed this with the Engineering Department staff, as well as the Development Review Committee and requested that the City Manager inform Council of the status of the request. Mr. Jackson reminded Council that due to severe capacity problems in the wastewater collection and treatment system throughout the City, Council established a policy in March of 2003 to no longer allow tie -ins to the system from locations outside the City. Consider Proposed Ordinance No. 030710 -1, authorizing an Industrial District Agreement with Natural Gas Odorizing, Inc. Proposed Ordinance No. 030710 -1 authorizes an Industrial District Agreement with Natural Gas Odorizing, Inc. for a seven -year period. The first payment pursuant to this agreement was for the tax year 2002. Since Natural Gas Odorizing, Inc. paid the City $42,321.26 pursuant to an interim letter agreement, no additional payment will be due for tax year 2002. City Manager Jackson informed Council that the City had received the signed agreement from Natural Gas Odorizing. However, language had been added regarding the base value established by the agreement. He noted that there are some non - financial advantages of the Industrial District Agreement, such as permitting and inspections, that would be affected by annexation. Wes Jackson, a Tax Agent for Natural Gas Odorizing, 3601 Decker Drive, stated that the company would submit a signed agreement, if it could receive the assurance that it would never be taxed more under this agreement than it would be were it annexed into the City. Council Mundinger stated that the Committee had considered the impacts of the standard agreement and decided that a single form is preferred. Assistant City Manager Bob Leiper pointed out that the base value protects the City by establishing the floor but also provides incentives to the company to invest. He said that he had told Mr. Jackson (NGO) that if he believed the taxable value of the company would decrease to a point that it would be more financially advantageous not to sign the IDA and be subsequently annexed, then the company should do so. He said it is staff s recommendation that approval of the agreement with the additional language be denied. Following further discussion regarding the advantages and disadvantages of annexation, Council Member Mundinger moved to accept staffs recommendation to deny approval of the contract containing the additional language. Council Member Renteria seconded the motion. The vote follows: Page 3 of 14 Minutes of the Regular Session — July 10, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider Proposed Ordinance No. 030710 -2, authorizing an Elevated Water Tank Use Agreement with Lee College District for the placement of communication equipment on an elevated water tank owned by the City. The agreement is for a term of five years. During such time, Lee College will be responsible for electrical costs associated with the installation, operation, and maintenance of its equipment. Additionally, Lee College has agreed to allow the City to install a wireless access point on an antenna facility to be located at or near the San Jacinto Mall under mutually acceptable terms. Should such tower not be built on or before June 15, 2005, or if an agreement is not reached on or before such date, the City may terminate the agreement. Lee College shall be responsible for removal of all its equipment at the end of the lease term and accepts the property in an "as is" condition with all faults. Lee College Board of Regents approved the agreement on June 26, 2003. City Attorney Ignacio Ramirez, Sr. informed Council that, before approving the agreement, Lee College had made minor changes to which the City's Legal Department had agreed. However, in making the changes, the pagination had been affected causing the need to reformat the document. In addition, one of the exhibits had been changed. Mr. Ramirez emphasized that he did not foresee any problem in obtaining approval from Lee College, since the changes were the equivalent to scrivener errors. Staff had attempted to contact counsel for the college, Mr. Rick Peebles, to obtain his agreement to the changes, but had been unable to do so. Council Member Anderson moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. Council Member Anderson accepted a friendly amendment by Council Member Murray that approval be conditional upon the acceptance of the changes by Lee College. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9588 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN ELEVATED WATER TANK USE AGREEMENT WITH LEE COLLEGE DISTRICT FOR THE PLACEMENT OF COMMUNICATION EQUIPMENT ON THE CITY OF BAYTOWN'S ELEVATED WATER TANK LOCATED AT 1112 PARK STREET, BAYTOWN, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 4 of 14 Minutes of the Regular Session — July 10, 2003 Consider Proposed Ordinance No. 030710 -3, awarding a construction contract for the Garth Road Traffic Signal Synchronization Project. Proposed Ordinance No. 030710 -3 awards a construction contract in the amount of $350,365.40 to Statewide Traffic Signal Co. for the Garth Road Synchronization Project. The scope of work includes the installation of fiber optic cable along Garth Road from Park Street north to Cedar Bayou Lynchburg Road. The total bid for this project, including alternate bid items one and two, is $350,365.40. Alternate bid item one, in the amount of $71,270 is for the replacement of all signal lights with LED signal heads. Alternate bid item two is for the installation of 144 -strand fiber optic line in place of the base bid 44 -strand line. The additional fiber is for ITS use and future expansion of the City's computer network system. The cost for bid alternate two is $22,553 and will be funded from the ITS portion of the 2003 General Obligation Bonds. The remainder of the project will be funded by Municipal Development District funds. Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. Council Member Anderson requested the timeline for the project. Mr. Jackson informed Council that the issuance of the Notice to Proceed and mobilization is projected for July 28, 2003, and substantial completion including alternate bid item one, on December 5, 2003. Council Member Murray commended both staff and the consultant for the manner in which the rebid of the project had been handled and the resulting cost savings to the City. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9589 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK ATTEST TO A CONTRACT WITH STATEWIDE TRAFFIC SIGNAL CO., FOR THE GARTH ROAD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF THREE HUNDRED FIFTY THOUSAND THREE HUNDRED SIXTY -FIVE AND 40 /100 DOLLARS ($350,365.40); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 0307104, awarding a construction contract for the Pinehurst Sanitary Sewer Project. Proposed Ordinance No. 030710 -4 awards a construction contract in the amount of $351,642 to Huff & Mitchell, Inc. for the Pinehurst Sanitary Sewer Project. The scope of work includes the installation of 2,130 linear feet of 12 -inch PVC and 150 linear feet of 15 -inch PVC sanitary sewer line on Bayou Woods Drive in the Pinehurst Subdivision. This work is necessary to alleviate sanitary sewer overflow problems within the western portion of the subdivision. As part of this effort, 540 linear feet of 18 -inch RCP, 1,065 linear feet of 24 -inch RCP, and 455 linear feet of 30- inch RCP storm sewer will be replaced. Construction duration is estimated to be 150 calendar days. The engineer's cost estimate for this project was $448,285. This project will be funded by 2002 and 2003 Certificates of Obligation. Page 5 of 14 Minutes of the Regular Session — July 10, 2003 Council Member Anderson moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9590 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK ATTEST TO A CONTRACT WITH HUFF & MITCHELL, INC., FOR THE PINEHURST SANITARY SEWER PROJECT; AUTHORIZING PAYMENT OF THE SUM OF THREE HUNDRED FIFTY -ONE THOUSAND SIX HUNDRED FORTY -TWO AND NO 1100 DOLLARS ($351,642.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030710 -5, awarding a contract for asbestos abatement at the Community Center. Proposed Ordinance No. 030710 -5 awards a contract in the amount of $114,600 to CST Environmental for asbestos abatement at the Community Center. The abatement is associated with the Community Center's Renovation Project. The scope of work includes abatement of all friable surfacing asbestos containing materials (ACM) and renovation affected materials. Six bids were received and opened on June 18, 2003. Four of the bids, including two that were lower than the recommended bid ($99,500; $103,870) were considered invalid by the consultant due to failure to meet specifications. The original cost estimate for abatement was $150,000. CST Environmental submitted the lowest responsible bid. This project 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. Council Member Anderson moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Page 6 of 14 Minutes of the Regular Session — July 10, 2003 ORDINANCE NO. 9591 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK ATTEST TO A CONTRACT WITH CST ENVIRONMENTAL, INC., FOR ASBESTOS ABATEMENT ASSOCIATED WITH THE COMMUNITY CENTER RENOVATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED FOURTEEN THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($114,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030710 -6, authorizing the sale of 3.022 acres of land to the Harris County Flood Control District for the Goose Creek Drainage Improvement Project. Proposed Ordinance No. 030710 -6 authorizes the sale of 3.022 acres of land to the Harris County Flood Control District ( "HCFCD ") for the Goose Creek Drainage Improvement Project. The land will be conveyed by a deed without warranty and is subject to the following restrictions: The property will be sold and conveyed "As Is," "Where Is" and "With All Faults." HCFCD shall assume the risk that environmental conditions may exist on the property and shall release the City from liabilities which might arise out of or in connection with the physical or environmental condition of the property. The conveyance shall be subject to all valid encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights -of -way and easements appearing of record. A state certified fee appraiser has appraised the property and has determined that the fair market value, exclusive of mineral interests, is $11,176. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9592 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A DEED WITHOUT WARRANTY TO CONVEY APPROXIMATELY 3.022 ACRES OF LAND TO THE HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE GOOSE CREEK DRAINAGE IMPROVEMENT PROJECT UPON RECEIPT OF ELEVEN THOUSAND ONE HUNDRED SEVENTY -SIX AND NO/ 100 DOLLARS ($11,176.00) FROM THE HARRIS COUNTY FLOOD CONTROL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 14 Minutes of the Regular Session — July 10, 2003 Consider Resolution No. 030710 -1, adopting Policies for Phases I and II of the 2001 Street Bond Project. Proposed Resolution No. 030710 -1 adopts Policies for Phases I and II of the 2001 Street Bond Project. At the June 26, 2003 work session the policies unique to Phases I and H of the 2001 Street Bond Project were discussed. The proposed resolution establishes the policies in accordance with the discussion. The topics of the policies include maximum gutter run, width for driveways and paving of private parking areas along rights -of -way, replacing improvements with in -kind materials, headwalls for specific culverts, minimum street width, replacement of culverts along North Burnett and Tanglewood, culvert headwall construction for drainage structure crossing North Burnett, and installation of curb ramps. Council Member Mundinger moved adoption of the proposed resolution. Council Member Murray seconded the motion. Council Member Mundinger asked how the policies would impact the culverts on North Burnet. City Engineer Bill Pedersen replied that while some culverts might require adjustment, none would be removed. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING POLICIES FOR THE ADMINISTRATION OF THE 2001 STREET BOND PROJECT, PHASES I AND II; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 030710 -2, accepting a State Homeland Security sub -grant from Texas Engineering Extension Service. This item was not ready for consideration. Consider Proposed Resolution No. 030710 -3, authorizing submission of the 2002 -2003 Community Development Block Grant Action Plan to the U. S. Department of Housing and Urban Development and related actions. Proposed Resolution No. 030710 -3 authorizes submission of the 2003 -2004 Community Development Block Grant (CDBG) Action Plan to the U. S. Department of Housing and Urban Development (HUD). The 2003 -2004 allocation is $1,028,000, a decrease from last year's allocation of $1,089,000. Funding under the proposed budget includes $322,471 in unexpended funds from previous program allotments and $56,450 in program income received from repayment of demolition and housing rehabilitation liens and revolving loan program payments, for a total budget of $1,406,921. The City must submit an annual application and proposed Action Plan to the United States Department of Housing and Urban Development in order to receive the CDBG Entitlement grant. This budget document contains the recommendations from both the CDAC and Staff concerning the activities and level of funding for the 2003 -2004 CDBG Program Year. Staff met with the Chairman and Vice - Chairman of the Community Development Advisory Committee since the last Council meeting. Page 8of14 Minutes of the Regular Session — July 10, 2003 Council Member Godwin moved adoption of the proposed resolution, as revised. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2003 -2004 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 0307104, calling a special Council meeting and establishing the times, dates, and places for work sessions of the City Council concerning the 2003 -2004 Fiscal Year Budget. Proposed Resolution No. 030710 -4 calls a special Council meeting and establishes the following times, dates, and places for work sessions of the City Council concerning the 2003 -2004 Fiscal Year Budget: Date Time Location Comments Thursday, July 31, 2003 8:00 a.m. Council Chamber Special meeting to receive the City Manager's proposed Budget; determine date and time of the public hearing on the budget; and direct publication of the notice. (Charter Article V, Sec. 43) Monday, August 4, 2003 8:00 -11:00 a.m. Hullum Conf. Room Work session to review the budget Tuesday, August 5, 2003 8:00 -11:00 a.m. Hullum Conf. Room Work session to review the budget Wednesday, August 6, 2003 4:00 -6:00 p.m. Hullum Conf. Room Work session to review the budget Council Member Godwin moved adoption of the proposed resolution. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Page 9 of 14 Minutes of the Regular Session — July 10, 2003 RESOLUTION NO. 1594 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING AND ESTABLISHING THE TIMES, DATES AND PLACES FOR ITS WORK SESSIONS CONCERNING THE 2003 -2004 FISCAL YEAR BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 030710 -5 adopting Tax Increment Reinvestment Zone polices and guidelines. This item was not ready for consideration. Consent Agenda a. Proposed Resolution No. 030710 -6 expresses City Council's support to the Texas Commission on Law Enforcement Officer Standards and Education ( TCLEOSE) for a police academy in Baytown to provide training to law enforcement officers. TCLEOSE licenses police academies and requires that each governing body express their support for the police academy it sponsors. TCLEOSE has requested that the Baytown Police Academy forward a resolution of support as they are unable to locate one in their file on the Baytown Police Academy. b. Proposed Resolution No. 030710 -7 amends Resolution No. 1533, adopted on February 28, 2002, to direct that application for the grant for Family Violence Counseling be made to the Office of the Governor, Criminal Justice Division, VOCA Program. Resolution No. 1533 authorized application to the Houston - Galveston Area Council. HGAC has informed the City that the application must be redirected to the Criminal Justice Division. The Proposed Resolution makes no changes in the obligations previously authorized. C. Proposed Ordinance No. 030710 -7 awards the second renewal of the annual wastewater lab analysis contract to EFEH & Associates in the amount of $35,770.46. EFEH & Associates submitted a written request to renew the current contract for the same pricing, terms, and conditions. Quantities remain the same. This contract is used by the Pollution Control Division for lab analysis testing. Our analytical needs are governed by the types of waste streams we have discharging to Baytown's sewer conveyance system and the ever - changing regulations from state and federal governments. Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency mandate the City to operate an approved Pretreatment Program, which has been incorporated as part of our Texas Pollutant Discharge Elimination System permits (TPDES wastewater discharge permit issued by TCEQ). As part of the requirements of this program, the City is required to conduct annual and semi- annual scans on the influent and effluent of all three wastewater treatment plants and at least annually on the industrial dischargers. Regulations also require additional testing quarterly at the Central District Wastewater Treatment Plant. Funds are available in the Pollution Control/Special Services account. Page 10 of 14 Minutes of the Regular Session — July 10, 2003 ., d. Proposed Ordinance No. 030710 -8 awards the first renewal of the annual mosquito control chemicals contract, in the amount of $32,798, as follows: Item Nos. 1 and 5 to Univar USA in the amount of $12,482, Item No. 2 to Public Health Equipment & Supply Company, Inc., in the amount of $16,650, and Item Nos. 3 and 4 to B & G Chemicals And Equipment Company, Inc., in the amount of $3,666. All three companies submitted written requests to renew the current contract. Public Health Equipment submitted a 19.6% manufacturer reduction in pricing. B & G Chemicals submitted manufacturer's increase of 19.4% for Item #3. The overall contract award reflects a 4% increase due to an increase in quantity for Item Nos. 2 and 3. This contract is used by the Health Department for mosquito control. Funds are available in the Mosquito Control/Chemical account. e. Proposed Ordinance No. 030710 -9 awards the last renewal of the annual fittings, valves, and meter boxes contract to Golden Triangle Pipe in the amount of $50,849.18. Golden Triangle Pipe submitted a written request to renew the current contract for the same pricing, terms, and conditions. This annual contract is used by the Utilities Department for the water distribution and water rehabilitation projects, and Public Works for drainage and sewer maintenance (manhole covers, etc.). This contract is specifically designed to stock inventory items in the central warehouse. Quantities remain the same. Funds are available in various accounts throughout the budget. f. Proposed Ordinance No. 030710 -10 awards the last renewal of the annual tire and tube contract: Section I, police pursuit tires, to JMB Tire And Appliance Company in the amount of 512,920, and Section II, III, and IV, passenger, light truck, off -road, and heavy truck tires and tubes to Carr's City Tire Service in the amount of $65,207.88. Total award of contract is $78,127.88. JMB and Cam's City Tire Service submitted written requests to renew the current contract for the same pricing, terms, and conditions. Quantities remain the same. Funds are available in the Motor Vehicles and Machinery and Equipment accounts. Council Member Renteria moved adoption of the consent agenda, items a through f. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1595 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING A POLICE ACADEMY IN BAYTOWN TO PROVIDE TRAINING TO LAW '' ENFORCEMENT OFFICERS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 11 of 14 Minutes of the Regular Session — July 10, 2003 RESOLUTION NO. 1596 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING RESOLUTION NO. 1533, ADOPTED ON FEBRUARY 28, 2002, TO DIRECT THAT THE APPLICATION FOR THE GRANT FOR FAMILY VIOLENCE COUNSELING BE MADE TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, VOCA PROGRAM, INSTEAD OF HOUSTON - GALVESTON AREA COUNCIL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9593 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF EFEH & ASSOCIATES FOR THE ANNUAL WASTEWATER LAB ANALYSIS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -FIVE THOUSAND SEVEN HUNDRED SEVENTY AND 46/100 DOLLARS ($35,770.46); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9594 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF UNIVAR USA, PUBLIC HEALTH EQUIPMENT & SUPPLY COMPANY, INC., AND B & G CHEMICALS AND EQUIPMENT COMPANY, INC., FOR THE ANNUAL MOSQUITO CONTROL CHEMICALS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THIRTY -TWO THOUSAND SEVEN HUNDRED NINETY -EIGHT AND 00/100 DOLLARS ($32,798.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9595 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL FITTINGS, VALVES, AND METER BOXES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE SUM OF FIFTY THOUSAND EIGHT HUNDRED FORTY -NINE AND 18/100 DOLLARS ($50,849.18); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9596 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF JMB TIRE AND APPLIANCE COMPANY AND CARR'S CITY TIRE SERVICE FOR THE ANNUAL TIRE AND TUBE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -EIGHT THOUSAND ONE HUNDRED TWENTY -SEVEN AND 88/100 DOLLARS ($78,127.88); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 14 Minutes of the Regular Session — July 10, 2003 Consider appointments to the Baytown Industrial Appraisal Review Board. Council annually appoints the members of the Baytown Industrial Appraisal Review Board. Each present member, Ronn Haddox, Joe Muller, and David A. Sherron, has agreed to serve if reappointed by Council. Council Member Anderson moved appointment of Ronn Haddox, Joe Muller, and David A. Sherron to the Baytown Industrial Appraisal Review Board. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider appointments to the Board of Adjustment. The terns of Dana Davis, Mary Ann Tucker, Mike Wilson, Bobby Lintleman, and D. H. Willson expire on July 27, 2003. Each has agreed to continue to serve if reappointed by council. During the most recent term, Ms. Tucker attended ten, Mr. Wilson attended eight, and Mr. Lintleman attended all of the ten meetings held. Mr. Willson was appointed to fill an unexpired term on September 13, 2001 and has attended all eight of the meetings held since his appointment. Mr. Davis was appointed to fill an unexpired term on June 27, 2002, and has attended three of the four meetings held since his appointment. Council Member Murray moved appointment of Dana Davis, Mary Ann Tucker, Mike Wilson, Bobby Lintleman, and D. H. Willson to the Board of Adjustment. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider appointment to the Construction Board of Adjustments and Appeals. The Construction Board of Adjustments and Appeals hears appeals from the decisions of the Building Official. This appointment is for an unexpired term. When Council made the appointments to this board at the April 24, 2003 meeting, Lynn A. Seamans declined to be reappointed to the at -large position. Brandon Capetillo has expressed an interest in serving on this board and will the fill this vacancy if Council appoints him. Council Member Mundinger moved appointment of Brandon Capetillo to the Construction Board of Adjustments and Appeals. Council Member Renteria seconded the motion. The vote follows: Page 13 of 14 Minutes of the Regular Session — July 10, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Announcement of Mayor's appointment to the Baytown Housing Authority. Mayor Alfaro announced his appointment of Lawrence Wallace to the Baytown Housing Authority board. Consider appointment to the Baytown Housing Finance Corporation. The term of Lawrence Wallace expired on June 30, 2003. He has indicated a willingness to continue serving on the Corporation if reappointed. The Housing Finance Corporation board traditionally has the same members as the Baytown Housing Authority board. Council Member Godwin moved appointment of Lawrence Wallace to the Baytown Housing Finance Corporation. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. City Manager's Report City Manager Jackson distributed an updated hurricane tracking chart and reported that staff is currently monitoring Tropical Storm Claudette, the track of which shows potential landfall in the vicinity of Brownsville. He said staff had conducted a conference call that afternoon with the State Office of Emergency Management and he urged those present to be vigilant and prepared. 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, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Page 14 of 14 Minutes of the Regular Session — July 10, 2003 There being no further business, the meeting adjourned at 7:29 p.m. Gaij W. mith City Clerk MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 10, 2003 The City Council of the City of Baytown, Texas, met in work session on July 10, 2003, at 4:30 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 Pete C. Alfaro Mayor Gary M. Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk Absent was: Scott Sheley Council Member The meeting was opened with a quorum present after which the following business was conducted: Discuss Tax Increment Reinvestment Zone guidelines and criteria. City Manager Gary Jackson told Council that staff is continuously refining the drafts of the guidelines and criteria. Draft 4 was presented for discussion. Staff has deleted provisions from state law, because state law governs and cannot be modified. Where discretion is allowed, the guidelines are intended to express the City's intentions. The changes to the guidelines and criteria were reviewed. A provision is included to require an applicant to list all owners, principals, partners, investors and other relevant parties (persons associated with the proposed development). If this information changes, the applicant is required to report the change within thirty days. Council Members Anderson, Mundinger and Mayor Alfaro stated that it is reasonable for the City to know with whom it is dealing. Mr. Jackson continued and explained that the City wants other taxing entities to join in participation in each zone. The applicant is required to obtain the policies, determine eligibility of the proposed development under the policies, and communicate with the other taxing entities providing specified information. The applicant would bear the cost of the presentations to the other entities. Based on the model of Zone One, eligible cost reimbursement is limited to 70% for residential development. Off -site development that meets a regional need may be reimbursed up to 100 %. The reimbursement is similar to that in a municipal utility district. Council Member Murray commented that the guidelines do not provide for reimbursement for street improvements. Page 2 of 5 Minutes of the Work Session — July 10, 2003 (' Mr. Jackson explained that other entities may allow reimbursement for improvements for which the City would not allow reimbursement. The guidelines are not intended to prohibit reimbursement from other entities. If an improvement is constructed that requires the City to provide operating costs, then the City and the applicant will negotiate the construction and operating costs of the improvement, including the pro rata share of each and the timing of reimbursement. State law determines the board of directors for each zone. There are two types of zones, one to remedy development problems in the area and the other created by petition. In the first, the board members must be residents of the City or own property within the zone. The zone created by petition requires the board to be composed of the state senator and state representative (or agent) and owners of property within the zone. In order for an improvement to be eligible for reimbursement, the improvement must have a useful life equal to at least the life of the zone or any bonds or notes related to the improvement. If the life of the improvement does not meet the test, then the reimbursement will be reduced to reflect the lack of useful life. The guidelines and criteria make it clear that City Council is the sole judge of whether the financial statements justify the creation of the zone. In response to a question from Mayor Alfaro related to the requirement of affordable housing, the representative from Hawes Hill & Assoc., the City's TIRZ consultant, stated that the City may reserve one -third of the increment to provide for affordable housing anywhere within the City. The funding may be used to make housing more affordable. Council Member Mundinger expressed concern that the board of a petition zone would be composed only of property owners within the zone. Discuss Bayland Island bid package. Mr. Jackson outlined the two options proposed for the invitation to bid on Bayland Island. Option 1 will involve the sale of the restaurant building and a ground lease of the property the building occupies and Option 2 will involve the sale of the entire Island, subject to the marina lease and an election to approve the sale of park land. Bob Leiper, Assistant City Manager, explained the development of the proposed invitation to bid. The wetlands area is subject to a grant and may not be sold. The City began acquiring the property that comprises the Island in 1970. Some of the property was acquired as park land. Park land may only be sold if the sale is approved in an election. Any proceeds must be used for park purposes. The City sold $4.7 million in bonds for construction of the marina. The annual debt service is $320,000, which is funded by the marina lease. $2.775 million remains unpaid on the bonds. The bond covenants require that the bonds must be paid in full if the improvements financed by the bonds are sold. Due to the refinancing of the bonds, the bonds may not be paid off until 2011. Therefore, if the marina is sold, the bonds must be defeased. The City took out a bank loan for $1.8 million to construct the restaurant. The annual payment is $200,000. The restaurant leases have substantially met the payment. The outstanding balance is $1.1 million and it matures in 2010. The note may be prepaid without penalty. Page 3 of 5 Minutes of the Work Session — July 10, 2003 The Ships Store was leased in 2002 for a three -year term. The tenant may renew for five -year terms, three times. The rent is $3,000 per month with an additional rental of 5% of the gross revenues that exceed $60,000. If the property is sold, the new owner must honor the lease. The invitation to bid will allow the City to accept the option that best benefits the City. There can be no owner financing. Each bidder will be required to submit financial statements reflecting the ability to complete the bid and purchase. The bid is in two options. The building will be sold without warranty. The purchaser will pay all costs. The following uses are prohibited: an industrial facility, a junk or wrecking yard, a sexually oriented business, and/or a facility which would affect the ability of a person to sell alcoholic beverages elsewhere on Bayland Island or Britton Park. The minimum bid will be $100,000. The ground lease will be for 40 years on the land that the building occupies and will provide access to the common areas. A fee will be charged for the maintenance of the common areas. The sale of the Island will be by deed without warranty. The sale will be subject to the marina/ ships store lease. The purchaser will pay all costs. The same uses will be prohibited. Mineral rights will be reserved. The future dredging of the marina will be the purchaser's responsibility. The award of the bid will be contingent upon an election approving the sale of the park land. A $25,000 deposit will be required to cover the costs of the election. Any activity involving the wetlands would require approval from the Corps of Engineers. The minimum bid is $3.75 million. If a bid for Option 1 is approved, the loan would be paid down to obtain a release, repairs to the ships store would be made, remaining debt would be paid from the Serrano's note, the lease payments from the ships store would be used to pay the remaining debt on the ships store, the general fund would pay the marina bonds, and the City would be free to market the rest of the Island. If a bid for Option 2 is approved, after a successful election, the bonds would be defeased, the bank loan would be paid, the cost of the sign would be reimbursed. A bidder may bid on either or both options. The City may select the preferred bid. Election of one option excludes the other. The timeline for the bids is as follows: final approval of the invitation to bid, August 14; advertise for 45 -60 days, October 15; review bids, November 15; action by Council awarding bid, November 25; and the election, February, 2004. Council Member Murray urged staff to be alert for conditions that would discourage bids. Minimum bids should be based on the fair market value of the property, not on City costs or debts. Members of Council expressed concerns about bids not meeting the minimums and not being sufficient to discharge the City's obligations. Mr. Jackson explained that if the process is not successful, the Council may consider demolition of the restaurant building and pursuing leases of other sites on the Island. Discuss proposed amendments to the wastewater pretreatment ordinance. Mr. Jackson noted that the proposed changes, which are minor, are mandated by the Texas Commission on Environmental Quality. TCEQ has reviewed and approved the proposed changes. Page 4 of 5 Minutes of the Work Session — July 10, 2003 The next step is public participation. A public hearing has been scheduled for July 24, 2003 and the proposed ordinance will be presented to Council for action at that meeting. Pam Kroupa, Pollution Control Officer, informed Council that many of the changes result from the transfer of enforcement from the Environmental Protection Agency to TCEQ. A few changes were required to conform to the state regulations. The substantive changes added barium and made other limits less stringent. Discuss State Homeland Security subgrants. Mr. Jackson reported that the information from Texas Engineering Extension Service was received on Tuesday, July 8, 2003. Previously the information had been sent by the Houston - Galveston Area Council. The information provides only limited implementation information. Acceptance of the grant is due by July 31. The City's application for the grant was the completion of a "Risk Capability and Needs Assessment." The assessment indicated a need of $2.6 million. The local grant is for $249,000. The methodology for distributing the funding within the City is being determined. The City has been offered a regional grant of $500,000 for a motorized hazardous materials response vehicle. This offer was made due to the staffing of the City and our location in an industrial setting. Non - motorized response vehicles are being awarded throughout the HGAC region. The grant is so new that the process is not defined. The agreement requires the City to sign a regional mutual aid agreement. It does not exist. Similarly, the City must comply with the protocols of the Harris County Office of Emergency Management. The protocols have not been developed. The City must support the regional haz -mat response system. The system has not been developed yet. The City will have costs incidental to accepting the grant. Insurance on the vehicle will be $1,800 per year. Staff is developing questions related to the grant and will seek answers from TEEX. Staff suggests that action on the grant be delayed until the July 24 meeting. A plan to limit cost is to send a Battalion Chief to a call before dispatching the Haz -mat vehicle. The time involvement is not known. Cost recovery is proposed by billing the responsible party, if it can be found. Council will be required to adopt a fee schedule for such billing. Mayor Alfaro emphasized that the citizens must be protected while a crew is responding to a hazardous materials call out of the city. Council Member Murray requested information on predictable costs, including on -going training, overtime, and maintenance of equipment. Dale Palmer, Fire Chief, stated that the program could be funded through collections for responses. Council Member Godwin asked how haz -mat had been handled in the past and why the City would respond beyond its boundaries. Chief Palmer replied that Houston Haz -mat had been called and responding beyond boundaries was a requirement of the grant. Page 5 of 5 Minutes of the Work Session — July 10, 2003 00' Discuss appointments. Council Member Anderson stated that he would move the reappointment of Bonn Haddox, Joe Muller, and David A. Sherron to the Baytown Industrial Appraisal Review Board. Council Member Murray stated that he would move the reappointment of Dana Davis, Mary Ann Tucker, Mike Wilson, Bobby Lintelman, and D. H. "Dan" Willson to the Board of Adjustment. Council Member Mundinger stated that he would move the appointment of Brandon Capetillo to the Construction Board of Adjustments and Appeals. Council Member Godwin stated that he would move the reappointment of Lawrence Wallace to the Baytown Housing Finance Corporation. Adjourn. There being no further business, Council Member Murray moved adjournment. Council Member Renteria seconded the motion. The vote follows: Aye: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria Mayor Alfaro Nay: None. The motion carried and the meeting adjourned at 6:21 p.m. Gar5ffW. Sr ith City Clerk