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2003 07 24 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 24, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on July 24, 2003, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary M. Jackson Ignacio Ramirez, Sr. Patti Merrell Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Attorney Assistant City Clerk The meeting was opened with a quorum present and Council Member Mundinger 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 regular meeting held on July 10, 2003. Council Member Renteria moved approval of the minutes of the work session and regular meeting held on July 10, 2003. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. Council Member Sheley abstained. The motion carried. Conduct a public hearing regarding the proposed amendment of the industrial wastewater pretreatment ordinance. The public hearing was called to order at 6:32 p.m. No one appeared to speak at the public hearing. The public hearing was closed at 6:35 p.m. Page 2 of 13 Minutes of the Regular Session — July 24, 2003 Consider Proposed Ordinance No. 030724 -1, amending Chapter 98 "Utilities," Article V "Industrial Pretreatment," Division 1 "Generally," Section 98 -126 "Definitions," Section 98 -127 "Abbreviations," Section 98 -129 "Objectives" subsection (a)(7), Chapter 98 "Utilities," Article V "Industrial Pretreatment," Division 2 "Administration and Enforcement," Subdivision 1 "In General," Section 98 -166 "Publication of industrial users in significant noncompliance," Section 98- 167 "Affirmative defenses to upsets," Chapter 98 "Utilities," Article V "Industrial Pretreatment," Division 5 "Discharge Prohibitions and Limitations," Section 98 -320 "Specific pollutant limitations" subsections (a), (e)(1), and (j), Chapter 98 "Utilities," Article V "Industrial Pretreatment," Division 6 "Reporting and Sampling," Section 98 -359 "Certification statements," Section 98 -361 "Notice of potential problems, including slug loading," Chapter 98 "Utilities," Article V "Industrial Pretreatment," Division 7 "Compliance Monitoring," Section 98402 "Search warrants" subsection (a), and Chapter 98 "Utilities," Article V "Industrial Pretreatment," Division 8 "Accidental Discharges," Section 98435 "Accidental/slug control plan" to comply with the Texas Commission on Environmental Quality regulations. The current Industrial Waste Ordinance was implemented according to the then current EPA regulations. In 1998 the Texas Natural Resource and Conservation Commission, now the Texas Commission on Environmental Quality (TCEQ), received the authorization from the Environmental Protection Agency to oversee our program. , These ordinance changes are being required by TCEQ to bring the City into compliance with their regulations. Most of these changes are clarifying definitions and rewording sections to meet TCEQ's requirements. The current local limits on metals will be less stringent. Two pollutants, total chlorides and total dissolved solids, will be removed and barium will be added. Council Member Mundinger 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. ORDINANCE NO. 9597 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE V "INDUSTRIAL WASTE," DIVISION 1 "GENERALLY," SECTION 98 -126 "DEFINITIONS," SECTION 98 -127 "ABBREVIATIONS," SECTION 98 -129 "OBJECTIVES," SUBSECTION (A)(7); CHAPTER 98 "UTILITIES," ARTICLE V "INDUSTRIAL WASTE," DIVISION 2 "ADMINISTRATION AND ENFORCEMENT," SUBDMSION 1 "IN GENERAL," SECTION 98 -166 "PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOMPLIANCE," SECTION 98 -167 "AFFIRMATIVE DEFENSES TO UPSETS "; CHAPTER 98 "UTILITIES," ARTICLE V "INDUSTRIAL WASTE," DIVISION 5 "DISCHARGE PROHIBITIONS AND LIMITATIONS," SECTION 98 -320 "SPECIFIC POLLUTANT LIMITATIONS," SUBSECTIONS (A), (E), AND (J); CHAPTER 98 "UTILITIES," ARTICLE V "INDUSTRIAL WASTE," DIVISION 6 "REPORTING AND SAMPLING," SECTION 98 -359 "CERTIFICATION STATEMENTS," SECTION 98 -361 "NOTICE OF POTENTIAL PROBLEMS, INCLUDING SLUG LOADING "; CHAPTER 98 "UTILITIES," ARTICLE V "INDUSTRIAL WASTE," DIVISION 7 "COMPLIANCE MONITORING," SECTION 98402 "SEARCH WARRANTS," SUBSECTION (A); AND CHAPTER 98 "UTILITIES," ARTICLE V "INDUSTRIAL WASTE," DIVISION 8 "ACCIDENTAL DISCHARGES," SECTION 98- Page 3 of 13 Minutes of the Regular Session — July 24, 2003 435 "ACCIDENTAUSLUG CONTROL PLAN" (THE INDUSTRIAL WASTE ORDINANCE) TO BE IN COMPLIANCE WITH CURRENT REGULATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO 1100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 030724 -1, supporting the Wastewater Pretreatment Program. As part of the "substantial modification" package submittal required by the TCEQ, a resolution of funding/endorsement from the governmental body responsible for funding and implementing the pretreatment program must be submitted. The resolution must also specify the persons responsible for issuing orders pursuant to the pretreatment ordinance, for the supervision and administration of the pretreatment program, and the means by which the pretreatment program will be funded. Council Member Renteria moved adoption of the proposed ordinance. 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. RESOLUTION NO. 1597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPOINTING PERSONS RESPONSIBLE FOR ISSUING ORDERS PURSUANT TO CHAPTER 98 "UTILITIES," ARTICLE V "INDUSTRIAL WASTE" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, AND FOR THE SUPERVISION AND ADMINISTRATION OF THE PRETREATMENT PROGRAM; SPECIFYING THE MEANS BY WHICH THE PRETREATMENT PROGRAM WILL BE FUNDED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Receive and discuss the report from Coats, Rose, Yale, Ryman & Lee, P.C. on the Municipal Court/Jail Project. Val Perkins of Coats, Rose, Yale, Ryman & Lee, P.C. informed Council that, except for the roof, all defective work will be resolved as of July 25, 2003. Two major issues remain: remediation of potential mold and replacement of the curved metal roof. He said that after comprehensive testing, the only apparent mold was in one column and the vacant judge's office. Remediation will begin the week of July 27, 2003. Regarding the roof, demand had been made of Berridge Manufacturing to replace the faulty roof with a new one, which will be accomplished in the near future. Discussion had taken place regarding a flat roof, but staff had indicated that it would not accept a roof other than that originally intended by the architect in the design. Additionally, Berridge is confident that a curved roof can be installed successfully. Regarding the continued involvement of his firm, Mr. Perkins said that half of the requested amount of $20,000 had already been spent. He indicated that once the roof is replaced, projected to be sometime within the next month, the need for the firm's services should no longer exist. Page 4 of 13 Minutes of the Regular Session — July 24, 2003 Consider Proposed Ordinance No. 030724 -2 continuing the engagement of Coats, Rose, Yale, Ryman & Lee, P.C., for legal services in connection with the post -audit report activities concerning the Municipal Court and Jail Project. These activities will include: • Coordination with Project Architect, Project Contractor, and Project Consultant regarding "punch list" work to be performed at Courts and Jail Facility; • Coordination with Project Architect, Project Contractor, and roofing manufacturer regarding roof work to be performed at Courts and Jail Facility; • Continued negotiation with Project Architect regarding Tolling Agreement and other Project issues; • Coordination with Project Contractor and Project Consultant regarding mold remediation issues; • Physical inspection of Project work by Contractor; • Demand on and negotiation with Berridge Manufacturing Company, Project Architect and Project Contractor regarding roof replacement issues; • Final review together with Project Consultant of "punch list" work performed; • Final review with Project Consultant of mold remediation; • Communication with City staff; and • Communication with City Council Payment for the services will be on an hourly basis and will not exceed $20,000 and will be funded from the retainage on the project. Randall B. Strong will continue to provide local counsel to the City under this arrangement. Council Member Renteria moved adoption of the proposed ordinance. Council Member Godwin 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. 9598 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINUING THE ENGAGEMENT OF COATS, ROSE, YALE, RYMAN & LEE, P.C., FOR LEGAL SERVICES IN CONNECTION WITH THE POST -AUDIT REPORT ACTIVITIES CONCERNING THE MUNICIPAL COURT AND JAIL PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030724 -3 authorizing a Release of Notice of Lis Pendens and of Judgment concerning 1601 Garth Road, Baytown, Harris County, Texas. The release is expressly contingent upon the close of the loan and the transfer of the Property to WMF Woodcreek Village Apartments, Ltd ( "WMF "). Under the terms of the loan, WMF must commit to United States Department of Housing and Urban Development ( "HUD ") to renovate and reconstruct the apartment complex. Additionally, once WMF owns the property, it must start construction within ten days and, monthly, HUD will monitor the progress of the work. WMF cannot hereafter transfer the property to any other person or entity for a period of ten years without HUD's consent. Page 5 of 13 Minutes of the Regular Session — July 24, 2003 Should WMF or any successor thereto default on its obligations by failing to perform as required or failing to pay back the loan, the owner and the mortgage company have represented to the City that HUD would become the owner of the property and would ultimately complete the renovation and reconstruction. Harvey Heller, 5100 Westheimer, Houston, Texas, a real estate attorney representing William Fredericks, the owner of the property, addressed Council regarding the ordinance. He said that in order to purchase the property, Mr. Fredericks had obtained a HUD 221 -D4 36 -year loan in the amount of $11,000,000. He listed the conditions of the loan, including annual audits, no payoff during the first 10 years, and HUD approval of any new buyers. He emphasized that the apartment complex will not be for low- income housing. Construction is estimated to be complete in less than 14 months. William Fredericks, owner of the property, requested Council to adopt the ordinance. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. It was noted that the owner will pay the customary ad valorem taxes on the property and that the release is expressly conditioned upon the approval of the loan. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carved. ORDINANCE NO. 9599 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE RELEASE OF NOTICE OF LIS PENDENS AND OF JUDGMENT CONCERNING 1601 GARTH ROAD, BAYTOWN, HARRIS COUNTY, TEXAS, SUCH RELEASE BEING CONTINGENT UPON THE CLOSE OF THE LOAN AND THE TRANSFER OF SUCH PROPERTY TO WMF WOODCREEK VILLAGE APARTMENTS, LTD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 0307244, awarding a contract for professional services for the Texas Avenue and Gulf Coast Liftstations Rehabilitation Project. Proposed Ordinance No. 030724 -4 awards a professional services contract to SCL Engineering, Inc. for the Texas Avenue and Gulf Coast Liftstations Rehabilitation Project. Compensation for basic services will not exceed $63,120. The project's reimbursable expenses will not exceed $1,000. The engineering consultants' fee for surveying will not exceed $6,200, while the environmental assessment for lead -based paint will not exceed $5,000, for a total project design cost of $75,320. The scope of work includes the design and development of plans and specifications for the replacement of pumps, motors, and piping as well as electrical improvements, wet -well rehabilitation, and mechanical improvements. This project will be funded by 2003 Certificates of Obligation. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Page 6 of 13 Minutes of the Regular Session — July 24, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9600 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 SCL ENGINEERING, INC., FOR THE TEXAS AVENUE AND GULF COAST LIFTSTATIONS REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY -FIVE THOUSAND THREE HUNDRED TWENTY AND N01100 DOLLARS ($75,320.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030724 -5, awarding a contract for professional services for the Goose Creek Looped Waterline Project. Proposed Ordinance No. 030724 -5 awards a professional services contract in the amount of $44,622 to SCL Engineering, Inc. for the Goose Creek Looped Waterline. Compensation for basic services will not exceed $28,330. The project's reimbursable expenses will not exceed $1,000. The engineering consultants' fees will not exceed the following amounts: surveying, $9,300, environmental assessment, $1,492, and geotechnical, $4,500. The project location is on Goose Creek, north of the north right -of -way line of Highway 146 (Old Spur 201). The scope of work includes the design to develop plans and specifications for the installation of a 16 -inch waterline beneath Goose Creek. The installation of this waterline will loop two existing dead -end lines on each side of the Creek, thus increasing the pressure in that service area. This project will be funded by the 2003 Certificates of Obligation. Council Member Mundinger 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. ORDINANCE NO. 9601 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 SCL ENGINEERING, INC., FOR THE GOOSE CREEK LOOPED WATERLINE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY -FOUR THOUSAND SIX HUNDRED TWENTY -TWO AND NO /100 DOLLARS ($44,622.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 13 Minutes of the Regular Session — July 24, 2003 Consider Proposed Ordinance No. 030724 -6, awarding a construction contract for the Eva Maude Sanitary Sewer Rehabilitation Project. Proposed Ordinance No. 030724 -6 awards a construction contract in the amount of $586,590 to PM Construction & Rehab, LP for the Eva Maude Sanitary Sewer Rehabilitation Project. The scope of work includes rehabilitation primarily using the pipe bursting method, but will also include some removal and replacement by open trench methods, as needed, of 14,337 linear feet of eight -inch HDPE pipe. The total base bid for this project is $534,539. The alternate bid item is for an additional 1,251 linear feet of pipe bursting in the amount of $52,051, for a total construction cost of $586,590, well below the budget of $830,000. This work is necessary to alleviate sanitary sewer overflow problems within the subdivision. The construction duration for this project is 120 calendar days. This project will be funded by 2003 Certificates of Obligation. Council Member Murray 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. ORDINANCE NO. 9602 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 PM CONSTRUCTION & REHAB, L.P., FOR THE EVA MAUDE SUBDIVISION SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF FIVE HUNDRED EIGHTY -SIX THOUSAND FIVE HUNDRED NINETY AND NO /100 DOLLARS ($586,590.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030724 -7, awarding a contract for professional services for the Pinehurst Bayou Vista drainage outfall Project. Proposed Ordinance No. 030724 -7 awards a professional services contract in an amount not to exceed $24,901 to Lockwood, Andrews, and Newnam, Inc. (LAN) for the Pinehurst Bayou Vista drainage outfall project. The total amount for basic engineering services will not exceed $22,741, which includes preliminary engineering, final design, and bidding phase services. The total amount for surveying will not exceed $1,320 while the total for reimbursable expenses will not exceed $840. This project will include approximately 450 linear feet of drainage conduit, two outfall structures, and two drop structures. As part of the total basic engineering services fee, LAN will confirm permitting requirements with the U.S. Army Corps of Engineers ( USACE) including completion of the permit application for submittal. However, the permit process with the USACE may necessitate additional coordination on part of the consultant, which may in turn require additional funding to complete the project. This project will be funded through the Capital Drainage Fund. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Page 8 of 13 Minutes of the Regular Session — July 24, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9603 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 LOCKWOOD, ANDREWS, & NEWNAM, INC., FOR PINEHURST BAYOU VISTA DRAINAGE OUTFALL PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWENTY -FOUR THOUSAND NINE HUNDRED ONE AND NO /100 DOLLARS ($24,901.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030724 -8, approving an amendment to the contract with Bricker Cannady Associates for additional professional services for the Baytown Community Center Renovation Project. Proposed Ordinance No. 030724 -8 approves an amendment to the contract with Bricker Cannady Associates in the amount of $26,000 for additional professional services. These services include investigation of alternative materials and systems as a result of the asbestos abatement, including design for the replacement of all the ceilings grids and light fixtures as well as the plaster ceiling in the auditorium. This work is in addition to that specified in the contract for the design of the improvements to the roof, restrooms, and heating and air conditioning. A memorandum included in the packet provides additional information.' This amendment increases the total contract amount from $148,000 to $174,000 and extends the term from December 16, 2003 to July 17, 2004. This project is funded by 2002 General Obligation Bonds. Council Member Godwin 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. 9604 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE THE NOTIFICATION OF AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BRICKER + CANNADY ARCHITECTS FOR THE BAYTOWN COMMUNITY CENTER RENOVATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF TWENTY -SIX THOUSAND AND NO 1100 DOLLARS ($26,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 13 Minutes of the Regular Session — July 24, 2003 Consider Proposed Resolution No. 030724 -2, directing staff to prepare an annexation service plan for Natural Gas Odorizing, Inc. property and to publish notice of the required public hearings for annexation. This item was withdrawn from consideration. Consider Proposed Resolution No. 030724 -3, accepting a State Homeland Security sub - recipient grant from Texas Engineering Extension Service. Proposed Resolution No. 030724 -3 accepts a State Homeland Security sub - recipient grant from Texas Engineering Extension Service in an amount up to $749,945. The grant will provide $249,945 for local jurisdiction homeland security. Also, the grant will provide the City a motorized hazardous materials response unit and related equipment and supplies. Acceptance of the grant will obligate the City to serve as the first responder for hazardous material incidents for the eastern portion of the H -GAC area. The City would serve as a secondary responder throughout the 13- county H -GAC region. No local matching funds are required. Notice of the grant award was received on June 26, 2003. The sub - recipient agreement and terms and conditions was received on July 7, 2003 and a response is due by July 31, 2003. It was noted that a small portion of the local jurisdictional grant (9%2 %) will be prorated to San Jacinto Methodist Hospital for decontamination showers outside of the hospital. The following persons registered to speak to Council regarding acceptance of a State Homeland Security sub - recipient grant from Texas Engineering Extension Service: Charles E. Murrell, Bill Domask (yielded time to Thomas Carr), and John Carr. Marian Wyse registered to speak to Council regarding the resolution, but declined to speak when given the opportunity. Thomas Carr, 318 W. Texas Ave. Mr. Carr, representing the Baytown Firefighter's Association, urged Council to accept the grant. Council Member Mundinger moved adoption of the proposed resolution. Council Member Renteria seconded the motion. Mayor Alfaro asked that Council be given quarterly reports regarding revenue and expenditures relating to the grant. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: Council Member Godwin. The motion carried. RESOLUTION NO. 1598 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A LOCAL FIRST RESPONDER GRANT FROM THE TEXAS ENGINEERING EXTENSION SERVICE IN THE AMOUNT OF SEVEN HUNDRED FORTY -NINE THOUSAND NINE HUNDRED FORTY - FIVE AND NO 1100 DOLLARS ($749,945.00) TO ENHANCE THE CITY OF BAYTOWN'S READINESS AND RESPONSE CAPABILITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 13 Minutes of the Regular Session — July 24, 2003 Consider Proposed Resolution No. 0307244, adopting Tax Increment Reinvestment Zone policies and guidelines. This item was not ready for consideration. Consent Agenda a. Proposed Resolution No. 030724 -5 approves the application by the City Manager for a grant from the United States Department of Justice for the Local Law Enforcement Block Grants Program. The proposed resolution designates the City Manager as the Authorized Official, and authorizes the City Manager to accept any grant awarded from the application. The total grant will be $43,616. The City's match portion of the grant is $4,846. b. Proposed Ordinance No. 030724 -9 awards the purchase of one 2003 Chevrolet van and four 2003 Chevrolet extended -cab pickup trucks for the Harris County Organized Crime and Narcotics Task Force ( HCOCNFT) through the Houston - Galveston Area Council (H- GAC) in the amount of $85,600, inclusive of the H -GAC fee of $600. The trucks will be purchased from Lawrence Marshall Chevrolet, Hempstead, Texas. Funds are available in the HCOCNFT motor vehicles account. All are replacement vehicles for the following: C. Proposed Ordinance No. 030724 -10 awards purchase of two 2003 Chevrolet cargo vans through the Houston - Galveston Area Council (H -GAC) in the amount of $38,669.40, inclusive of the H -GAC fee of $600. The vehicles will be purchased from J -K Chevrolet, Port Arthur, Texas. Funds are available in the Police Department motor vehicles account. Both are replacement vehicles for the following: Unit No. Vehicle Mileage Unit 9420 Mileage 1998 Ford Windstar van Unit 9581 1995 Ford Taurus 97,561 1999 Chevy extended -cab pickup truck 134,800 1999 Chevy extended -cab pickup truck 130,300 1999 Chevy extended -cab pickup truck 128,403 1999 Che extended -cab pickup truck 97,125 C. Proposed Ordinance No. 030724 -10 awards purchase of two 2003 Chevrolet cargo vans through the Houston - Galveston Area Council (H -GAC) in the amount of $38,669.40, inclusive of the H -GAC fee of $600. The vehicles will be purchased from J -K Chevrolet, Port Arthur, Texas. Funds are available in the Police Department motor vehicles account. Both are replacement vehicles for the following: Unit No. Vehicle Mileage Unit 9420 1994 Ford Explorer 103,515 Unit 9581 1995 Ford Taurus 65,907 d. Proposed Ordinance No. 030724 -11 awards the purchase of five 2003 Ford Crown Victoria sedans through the Houston - Galveston Area Council (H -GAC) in the amount of $101,984.35, inclusive of the H -GAC fee of $600. The vehicles will be purchased from Philpott Motors, Inc., Port Neches, Texas. Funds are available in the Police Department motor vehicles account. All are replacement vehicles for the following: Unit No. Vehicle Mileage 0154 2001 Ford Crown Victoria 48,883 9715 1997 Ford Crown Victoria 110,441 9763 1997 Ford Crown Victoria 97,878 9621 1996 Ford Crown Victoria 115,682 9722 1997 Ford Crown Victoria 110,756 Page 11 of 13 Minutes of the Regular Session — July 24, 2003 e. Proposed Ordinance No. 030724 -12 awards purchase of one 2003 Chevrolet % -ton pickup truck, one 2003 Chevrolet Y2-ton extended -cab pickup truck, and one Chevrolet Impala through the Houston - Galveston Area Council (H -GAC) in the amount of $54,881, inclusive of the H -GAC fee of $600. The vehicles will be purchased from Lawrence Marshall Chevrolet, Hempstead, Texas. Funds are available in the Police Department motor vehicles account. All are replacement vehicles for the following: Unit No. Vehicle Mileage 9405 1994 Chevrolet Silverado 102,142 889A 1988 GMC Sierra 147,889 9523 1995 Ford Taurus 99,023 Council Member Renteria moved adoption of the consent agenda, items a through e. Council Member Anderson seconded the motion. The vote follows: Ayes: Mayor Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1599 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 JUSTICE FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM; AUTHORIZING FOUR THOUSAND EIGHT HUNDRED FORTY -SIX AND N01100 DOLLARS ($4,846.00) IN MATCHING 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. ORDINANCE NO. 9605 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 JUSTICE FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM; AUTHORIZING FOUR THOUSAND EIGHT HUNDRED FORTY -SIX AND NO /100 DOLLARS ($4,846.00) IN MATCHING 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. ORDINANCE NO. 9606 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY -EIGHT THOUSAND SIX HUNDRED SIXTY -NINE AND 40/100 DOLLARS ($38,669.40) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF TWO (2) 2003 CHEVROLET CARGO VANS FOR THE BAYTOWN POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 13 Minutes of the Regular Session — July 24, 2003 ORDINANCE NO. 9607 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED ONE THOUSAND NINE HUNDRED EIGHTY -FOUR AND 35/100 DOLLARS ($101,984.35) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF FIVE (5) 2003 FORD SEDANS FOR THE BAYTOWN POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9608 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -FOUR THOUSAND EIGHT HUNDRED EIGHTY -ONE AND NO 1100 DOLLARS ($54,881.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) CHEVROLET 3/4 -TON PICKUP TRUCK, ONE (1) CHEVROLET 1/2 -TON EXTENDED CAB PICKUP TRUCK, AND ONE (1) CHEVROLET SEDAN FOR THE BAYTOWN POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointments to the Baytown Municipal Development District Board. This item was not ready for consideration. City Manager's Report City Manager Jackson informed Council that a work session with Commissioner Sylvia Garcia will be held on Friday, August 1, 2003, from 2:00 to 4:00 p.m. Mr. Jackson announced that the City had won the Keep Texas Beautiful Award. Health Director Mike Lester displayed the award. Mr. Jackson reminded Council that National Night Out will be held on Tuesday, August 5, beginning at 6:30 p.m. in neighborhoods throughout the City. Mr. Jackson commended staff for their preparedness during Hurricane Claudette the previous week. Mr. Jackson noted that a special meeting will be held on Thursday, July 31, 2003, at 8:00 a.m. He also reminded Council of the budget work sessions on Monday, August 4, at 8:00 a.m., Tuesday, August 5, at 8:00 a.m., and Wednesday, August 6, 2003, at 4:00 p.m. Mayor Alfaro urged Council attendance at the work session with Commissioner Garcia on August 1, 2003. He also encouraged Council participation in the National Night Out activities and the Region XIV meeting to be held on August 8, 2003. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Page 13 of 13 Minutes of the Regular Session — July 24, 2003 00` Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7::49 p.m. Patti Merrell Assistant City Clerk ek MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 24, 2003 The City Council of the City of Baytown, Texas, met in work session on July 24, 2003, at 5:10 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 Patti Merrell Assistant City Clerk The meeting was opened with a quorum present after which the following business was conducted: Discuss Tax Increment Reinvestment Zone (TIRZ) Guidelines and Criteria. City Manager Gary Jackson told Council that staff is continuously refining the drafts of the guidelines and criteria. Draft 6 was presented for discussion. Mr. Jackson said that most of the changes to the present draft were grammatical in nature. He noted that two types of zones exist: those initiated by Council as well as those sought by petition. State law determines the board of directors for each zone. 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. If more than 10% of the proposed zone is populated, the zone must be sought by petition. Council Member Murray wondered if the proposed Bay Oaks Nos. 1 and 2 falls under this provision. Council Member Anderson arrived at 5:22 p.m. Council Member Sheley questioned whether the $3,000 application fee is reasonable. Mr. Jackson replied that the amount is nominal, and noted that, according to this latest draft of the guidelines, most fees will be paid for the consultant. He also pointed out that the verbiage contained in the policy is consistent with state law. Page 2 of 4 Minutes of the Work Session — July 24, 2003 Council Member Mundinger noted that the applicant would be paying more than in previous drafts of the guidelines. Mr. Jackson said that while no law prescribes this policy, state law still governs. Council Member Murray proposed that the phrase "whether by petition or otherwise" under Section D. be changed to "whether by petition or Council initiated." The remaining Council Members and staff concurred. Mr. Jackson continued and pointed out that the area within the zone must be not less than 75 acres for residential development or 25 acres for commercial development/redevelopment. Mayor Alfaro asked if 75 acres is the equivalent of 300 homes. Planning Director Gregory Stubbs determined that it is, based on the current lot size and allowances for streets and sidewalks in the Code of Ordinances. Discuss Community Center Renovation Project. Engineering Director Bill Pedersen explained that an amendment to the contract with Bricker Cannady Associates, in the amount of $26,000, is necessary for additional professional services. These services include investigation of alternative materials and systems as a result of the asbestos abatement, including design for the replacement of all the ceilings grids and light fixtures as well as the plaster ceiling in the auditorium. This work is in addition to that specified in the contract for the design of the improvements to the roof, restrooms, and heating and air conditioning. This amendment increases the total contract amount from $148,000 to $174,000 and will extend the term from December 16, 2003 to July 17, 2004. In answer to a question from Council Member Murray, Mr. Pedersen said the original budget for the project was $1,250,000. Bricker Cannady Associates has since submitted a revised construction cost estimate, based on the additional asbestos abatement costs, in the amount of $1.6 million, an increase of $350,000. Mr. Pedersen noted that partial funding, in the amount of $205,295.20, is available from the asbestos class action settlement. The remaining monies for the project will come from General Obligation Bonds and the General Fund budget. Mr. Pedersen explained that, after completion of the asbestos study, it was determined that the entire plaster ceiling in the auditorium must be abated, due to the friable materials it was found to contain. Staff further recommends the replacement of all the ceiling grids, tiles, and light fixtures throughout the building. The ceilings will be replaced with suspended ceilings. Council Member Sheley asked if future renovation could damage the work currently underway. David Lidsky, of Bricker Cannady Associates, stated that, with care, only marginal damage would result if further renovations are undertaken in the future. Mayor Alfaro noted that the renovations are consistent with the Parks and Recreation Master Plan. Mr. Pedersen informed Council that if total abatement is not done at this time, the cost of future abatement could be three times the current cost. Page 3 of 4 Minutes of the Work Session — July 24, 2003 Discuss State Homeland Security subgrants. Fire Chief Dale Palmer informed Council that these grants resulted from a voluntary threat and vulnerability assessment performed begun in 2000. The City's potential overall threat was rated a 10 out of a possible 12 as the highest potential at -risk for any community. He distributed a list comparing cost and revenue for the proposed grant program. He said that if properly documented, recovery of costs would be through collections for responses, as long as the City is dealing with a responsible party. City Manager Jackson stated that, if Council decides to accept the grants, a "Special Revenue Fund" would be established to track expenses and revenue associated with the regional program. Mayor Alfaro noted that in order to break even, the City must respond to four haz -mat incidents according Chief Palmer's handout. Council Member Sheley asked who would replace those employees called out on a haz -mat call. Chief Palmer replied that the cost would be covered in the fee schedule. Council Member Murray noted that there would be additional costs involved in acceptance of the grant, including training. He asked if currently there was space available for a haz -mat vehicle. Chief Palmer indicated that a bay is available at Station No. 4. Council Member Godwin said he does not believe residents will accept this proposal. He asked if the City doesn't already draw on industry resources in the event of a haz -mat incident. Chief Palmer said that was not necessarily the case. Mayor Alfaro noted that the time was 6:14 p.m., and the next agenda item had been published to be received and discussed at 6:10 p.m. He said that Council would come back to this item for further discussion following that item. Receive and discuss the 2002 Water Quality Report for the City of Baytown Public Services Director Fred Pack introduced Tony Brown, Superintendent and Armando Martinez, Lab Supervisor of the Baytown Area Water Authority plant. Mr. Brown distributed the report while Mr. Martinez reported that the Water Quality Report was prepared as mandated and forwarded to each customer of the Authority. No violations were reported and contaminants were below the goal for each contaminant. The contaminants are naturally occurring, come from fluoridation done by at the Plant, or from pesticide run -off into the source water. No adverse health affects are reported. Page 4 of 4 Minutes of the Work Session— July 24, 2003 /� Discuss State Homeland Security subgrants. (cont.) Council Member Godwin continued by stating that the City should not pay firefighters to protect other cities. He predicted that either the City will have to hire more firefighters, or more overtime will be incurred by the Fire Department. He observed that the City has not been success &1 in the past with collections for such programs, such as emergency medical services. He also questioned the future of the program once the grant money has been expended. Chief Palmer noted that the grant was for equipment. He pointed out that the City currently participates with area cities in mutual -aid agreements. He informed Council that there had been 64 haz -mat incidents in the past 20 years. Council Member Renteria indicated his support of acceptance of the grants. He said that Baytown is very vulnerable and there is a need to be prepared. Discuss appointments. Mayor Alfaro informed Council that Bill Gilbert would no longer be able to serve on the Baytown Municipal Development District Board. Council Member Murray indicated that he had a time to propose for membership to the board. Adjourn. There being no further business, Council Member Mundinger moved adjournment. Council Member Renteria seconded the motion. The vote follows: Aye: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfam Nay: None. The motion carried and the meeting adjourned at 6:25 p.m. Y' - alo l t>o Patti Merrell Assistant City Clerk OW