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2003 09 25 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 25, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on September 25, 2003, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Calvin Mundinger Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary M. Jackson Ignacio Ramirez, Sr. Gary W. Smith The following Council Members were absent: Coleman Godwin Don Murray Council Member Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk Council Member Council Member The meeting was opened with a quorum present and Council Member Renteria led the pledge of allegiance and offered the invocation. Mayor Alfaro recognized the high school students present from Ms. White's class, after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on September 11, 2003. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on September 11, 2003. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Receive Financial Statements and Management Letter for the Harris County Organized Crime and Narcotics Task Force for the grant year ending May 31, 2003. The independent audit of the financial statements was conducted by Tiller and Company, a public accounting firm. The report was reviewed with the City Council Finance Committee on September 8, 2003. Page 2of19 Minutes of the Regular Session — September 25, 2003 Mark Tiller presented the report of the Comparative Statements of Revenues and Expenditures for the year ended May 31, 2003 to Council. He stated that there were neither findings of noncompliance nor issues of internal control. He said that there had been a decrease in staffing due to actions taken by the Harris County Sheriff's Office. He noted that funds varied because of forfeitures through the courts and the decrease in expenditures had been due to the reduction in staff. Council Member Mundinger moved to accept the Financial Statements and Management Letter for the Harris County Organized Crime and Narcotics Task Force for the grant year ending May 31, 2003. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Receive Six -month Audit on conversion of the Comprehensive Annual Financial Statements for the period ending September 30, 2002 to the GASB 34 reporting format. The Finance Committee reviewed this information on September 8, 2003. The City of Baytown is required to comply with the Governmental Accounting Standard Board's Pronouncement No. 34 (GASB 34) for this fiscal year that ends September 30, 2003. The independent auditing firm of Tiller and Company, PA provided oversight guidance and review. Mr. Tiller informed Council that the project had been a success. Manager Jackson noted that a significant effort that could require outside assistance will be needed in order to implement GASB34. Council Member Anderson moved to accept the Six -month Audit on conversion of the Comprehensive Annual Financial Statements for the period ending September 30, 2002 to the GASB 34 reporting format. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 3of19 Minutes of the Regular Session — September 25, 2003 Consider Proposed Ordinance No. 030925 -1, adopting the 2003 -2004 City of Baytown Budget. The 2003 -2004 budget totals $77,309,377. The General Fund is reduced $237,295 (0.5 %) from the 2002 -2003 General Fund budget. The combined budget is a $1,595,277 increase (2.11 %) over the 2002 -2003 budget. General Fund $43,549,585 General Debt Service Fund 8,503,928 Hotel/Motel Fund 813,096 Water & Sewer Fund 19,794,463 Sanitation Fund 2,959,966 Storm Water Fund 240,000 Central Services Fund 1,448,339 Total $77,309,377 The public hearing on the proposed budget was conducted on August 28, 2003. Following extensive discussion regarding the hours of operation at Sterling Municipal Library, Council Member Sheley moved adoption of the proposed ordinance with the stipulation that the Library's hours remain the same as the current level of operation. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9626 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004, IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030925 -2, setting the tax rate for General Fund Maintenance and Operations and Debt Service for the 2003 -2004 fiscal year. Proposed Ordinance No. 030925 -2 sets the rate for General Fund Maintenance and Operations for the 2003 -2004 fiscal year at $0.45700 per $100 of value. This ordinance will set the rate and tax levy for Debt Service at $0.28003 per $100 of value. The total tax rate proposed is $0.73703 per $100 of value. The tax rate has remained unchanged since the 1992 tax year. The public hearing on the proposed tax rate was conducted on September 11, 2003. Ed Page 4 of 19 Minutes of the Regular Session — September 25, 2003 Consider Proposed Ordinance No. 030925 -3, adopting the Baytown Area Water Authority Budget for 2003 -2004. The Baytown Area Water Authority budget totals $5,791,533 and was reviewed and approved by the Baytown Area Water Authority Board of Directors on August 12, 2003. Consider Proposed Resolution No. 030925 -1, approving the Investment Policy and Strategy of the City in compliance with the Public Funds Investment Act. The current policy has been modified to include items that were not in the policy in the past and language suggested by the Government Treasurers' Organization of Texas (GTOT). The GTOT Investment Policy Certificate of Distinction has been received due to implementation of these changes. The Finance Committee has reviewed the policy and recommends approval. Consider Proposed Ordinance No. 0309254, amending the Code of Ordinances, Chapter 98, "Utilities," Section Nos. 98 -59 and 98 -91, to increase water and sewer rates. Water and sewer rates are being raised to cover the cost of the proposed bond sale in the Spring of 2004. The rates have a proposed effective date of October 1, 2003. Water: Base Rate — from $7.50 to $8.18 (includes first 2,000 gallons) Consumption Rate - from $2.86 to $3.10 per 1,000 gallons of water used All corresponding rates will be increased by $0.24 Sewer: Base Rate — from $7.50 to $8.18 (includes first 2,000 gallons) Consumption Rate - From $2.63 to $2.90 per 1,000 gallons of water used, with the cap of 12,000 gallons on residential usage. All corresponding rates will be increased by $0.27. Consider Proposed Ordinance No. 030925 -5, setting the time, date and place for a public hearing to consider an ordinance adopting the Municipal Drainage Utility System Act and declaring the drainage of the City of Baytown to be a public utility; and setting the time, date and place for a public hearing on the schedule of drainage charges. No. Public Hearing Time Date to consider an ordinance adopting the 6:40 p.m. November 13, 2003 Municipal Drainage Utility System Act and declaring the drainage of the City of Baytown to be a public utility Place Council Chambers, City Hall, City of Baytown 2 on the schedule of drainage charges 6:50 p.m. November 13, 2003 Council Chambers, City Hall, City of Baytown Pursuant to the Act, before the City may approve an ordinance adopting the Act and establishing drainage of the City a public utility, the City Council must hold a public hearing. The notice of the public hearing must include the text of the proposed ordinance and must be published three times before the date of the hearing. The first publication of the notice must occur on or before the 301h day before the date of the hearing. An additional public hearing is required prior to the City levying a schedule of drainage charges. The same notice requirements apply to this second public hearing. Page 5of19 Minutes of the Regular Session — September 25, 2003 Consider Proposed Ordinance No. 030925 -6, renewing a benefit consulting services agreement with HCC Employee Benefits, Inc., and authorizing payment for providing consulting services. Proposed Ordinance No. 030925 -6 renews the annual consulting/brokerage agreement with HCC Employee Benefits, Inc. in the amount of $35,000 for consulting services related to the City's Health Benefit Program. The previous year's cost was $30,000. HCC's rate increase is based on an increased level, scope and review of our comprehensive health/dental benefits program that we are now requiring. Additionally, we have increased the type and frequency of reports required. The term of this contract is October 1, 2003 through September 30, 2004. HCC has provided quality consulting/brokerage service for the City for 11 years. Consider Proposed Ordinance No. 030925 -7, approving a professional services contract with United Behavioral Health for Employee Assistance Program Services (EAP) and authorizing payment for said services. Proposed Ordinance No. 0320925 -7 awards the annual contract to United Behavioral Health to provide services related to the City's Employee Assistance Program and authorizes payment for said services. The following services are provided: • Six counseling sessions per incident or per problem for employees and their family members; • Supervisory/management and employee orientation and training; • Critical incident stress debriefing; • Work/Life Services (financial and legal services) and, • Parenting and Adult/Elder Services. The cost is $2.66 per employee per month, paid in quarterly installments based on the number of covered employees at the beginning of each month. The term of this contract is October 1, 2003 through September 30, 2004. This contract reduces our cost slightly (previously $2.70 per employee per month) while adding additional services (Work/Life Services). Consider Proposed Ordinance No. 030925 -8, authorizing a professional services contract for City Physician Services and authorizing payment for said services. Proposed Ordinance No. 030925 -8 authorizes the renewal of City physician services with Dr. Medhat Bedros and authorizes payment for said services in an amount not to exceed $81,200. This is the eleventh year for renewal. Dr. Bedros has maintained the same rates since we began using his services in October 1992. Consider Proposed Ordinance No. 030925 -9, authorizing a contract with the Baytown Opportunity Center for park cleaning and litter removal. Proposed Ordinance No. 030925 -9 authorizes a contract with the Baytown Opportunity Center (BOC) for park cleaning and litter removal in the amount of $35,344.12. The cost of the contract has increased $2,286.12 or 6.9 %, due to cost increases, according to BOC. This contract covers a 12- month period of park clean up and janitorial services. It covers weekday litter cleanups and janitorial services at the Gray Sports Complex from February through October, and park cleanup at Bicentennial Park following the July 4`h Celebration. The contract also includes weekday janitorial services of the public restroom at Roseland Park and weekday cleanup of the restroom and pavilion facilities at the Jo Roosa Pavilion in Goose Creek Park for 12 months. Page 6 of 19 Minutes of the Regular Session — September 25, 2003 ., Texas Local Government Code, Section 252.022(a)(13) exempts from the competitive bidding process the procurement of "services performed by blind or severely disabled persons." The Parks staff has reviewed the contract and reports that the contract provides these services at a lower cost than could be provided internally. Ruby Pinson, Director of the Baytown Opportunity Center, has signed the proposed contract. Consider Proposed Ordinance No. 030925 -10, authorizing a professional services agreement for the Houston High Intensity Drug Trafficking Area Program. Since September 1995, the City has administered federal funds designated for the operation of the Houston High Intensity Drug Trafficking Area ( "HIDTA ") Major Offender Project. This agreement is the same as the one entered into last year and is contingent upon funding by grant/award made available through the Office of the National Drug Control Policy ( "ONDCP "). The agreement obligates the contractor to provide professional services as directed by HIDTA Executive Committee and ONDCP. No City funds will be used. Council Member Mundinger moved approval of Items 5 -14. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9627 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING THE RATE AND TAX LEVY FOR GENERAL FUND MAINTENANCE AND OPERATION AND DEBT SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9628 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1603 A RESOLUTION OF CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN INVESTMENT POLICY AND STRATEGY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7of19 Minutes of the Regular Session — September 25, 2003 ORDINANCE NO. 9629 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98 -59 "RATES," SUBSECTION (A)(1) "RATE TABLE" AND SUBSECTION (G) "VOLUME USERS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO INCREASE WATER RATES; AMENDING CHAPTER 98 "UTILITIES," ARTICLE IV "SEWER SERVICE," SECTION 98 -91 "SEWER SERVICE CHARGE," SUBSECTION (A) "RATE SCHEDULE" AND SUBSECTION (F) "VOLUME USERS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO INCREASE SEWER RATES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 9630 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING THE TIME, DATE AND PLACE FOR A PUBLIC HEARING TO CONSIDER AN ORDINANCE ADOPTING THE MUNICIPAL DRAINAGE UTILITY SYSTEM ACT AND DECLARING THE DRAINAGE OF THE CITY OF BAYTOWN TO BE A PUBLIC UTILITY; AND SETTING THE TIME, DATE AND PLACE FOR A PUBLIC HEARING ON THE SCHEDULE OF DRAINAGE CHARGES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9631 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO EXECUTE A CONTRACT WITH HCC EMPLOYEE BENEFITS, INC., PERTAINING TO THE CITY'S HEALTH BENEFIT PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -FIVE THOUSAND AND NO 1100 DOLLARS ($35,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9632 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ADMINISTRATIVE SERVICES AGREEMENT WITH UNITED BEHAVIORAL HEALTH; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -TWO THOUSAND ONE HUNDRED EIGHT AND NO /100 DOLLARS ($22,108.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9633 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF CITY PHYSICIAN SERVICES WITH DR. MEDHAT BEDROS; AUTHORIZING PAYMENT FOR SUCH SERVICES IN AN AMOUNT NOT TO EXCEED EIGHTY -ONE THOUSAND TWO HUNDRED AND N01100 DOLLARS ($81,200.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8of19 Minutes of the Regular Session — September 25, 2003 ORDINANCE NO. 9634 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 CONTRACT WITH BAYTOWN OPPORTUNITY CENTER FOR PARK CLEANING; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THIRTY -FIVE THOUSAND THREE HUNDRED FORTY -FOUR AND 12 /100 DOLLARS ($35,344.12); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH STANLEY E. FURCE, INDIVIDUALLY AND D/B /A RESEARCH INTERNATIONAL; AUTHORIZING PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030925 -11, continuing the engagement of Fritz, Byrne & Head, L.L.P., for legal services in connection with the Texas Commission on Environmental Quality's proposed rules governing non - hazardous solid waste landfills. On August 23, 2001, the City of Baytown engaged Fritz, Byrne & Head, L.L.P., to represent the City in the proceedings concerning the permit applications of TSP Development, Limited for authorization to construct and operate a non - hazardous solid waste landfill in Chambers County. The contested case hearings on the TSP permit applications were initially abated by a federal court injunction and, currently, by legislation authored by State Representative Wayne Smith, passed during the regular legislative session. The legislation requires the TCEQ to adopt formal rules governing the design and operation of facilities like those proposed by TSP and further prohibits any processing of applications for such facilities until such time as rules are adopted. The TCEQ has drafted proposed rules and has published them in the Texas Register as a part of the rulemaking process. Written comments are due on the proposed rules no later than October 6, 2003. The proposed ordinance authorizes the continuation of the engagement of the law firm and a payment of up to $2,500 for the development and submittal of written comments to the proposed rules. These services fall within the scope of services of the original contract. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 9of19 Minutes of the Regular Session — September 25, 2003 ORDINANCE NO. 9636 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINUING THE ENGAGEMENT OF FRITZ, BYRNE & HEAD, L.L.P., FOR LEGAL SERVICES IN CONNECTION WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY'S PROPOSED RULES GOVERNING NON - HAZARDOUS SOLID WASTE LANDFILLS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030925 -12, authorizing an Industrial District Agreement with Advanced Aromatics, L.P. Proposed Ordinance No. 030925 -12 authorizes an Industrial District Agreement with Advanced Aromatics, L.P. for a seven -year period. The first payment pursuant to this agreement will be for the tax year 2003, as its prior agreement with the City will expire October 11, 2003. Because the 2003 values are more than the 2002 values, the 2003 values shall serve as the base under the agreement. The agreement is in conformity with the policies adopted by the City Council for companies that had an industrial district agreement in effect on July 26, 2002 in the City's industrial districts. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor A] faro. Nays: None. The motion carried. ORDINANCE NO. 9637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH ADVANCED AROMATICS, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030925 -13, approving Change Order No. 1, final payment to Joslin Construction Co., Inc., and acceptance the Sjolander 12" Water Line Project. Ordinance No. 030925 -13 approves deduct Change Order No. 1 to adjust final quantities, approves final payment of $29,223.78 to Joslin Construction Co., Inc. and accepts the Sjolander 12" Water Line Project. The original contract was awarded to Joslin Construction Co., Inc. for $262,775.72 and the contract duration was 120 calendar days. Change Order No. 1 is a balancing change order and reduces the final contract amount by $3,036.45 to $259,739.27, which represents a 1.16% cost savings. The cost savings was largely due to an adjustment of final quantities on various bid items. The contractor finished the project within the allotted time. Council Member Renteria moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Page 10 of 19 Minutes of the Regular Session — September 25, 2003 Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9638 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCT CHANGE ORDER NO. 1 WITH JOSLIN CONSTRUCTION CO., INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE SJOLANDER 12" WATER LINE PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -NINE THOUSAND TWO HUNDRED TWENTY -THREE AND 78/100 DOLLARS ($29,223.78) TO JOSLIN CONSTRUCTION CO., INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030925 -14, approving the agreement between Harris County Water Control and Improvement District Number 1 and the Baytown Area Water Authority. Proposed Ordinance No. 030925 -14 approves the agreement between Harris County Water Control and Improvement District Number 1 (HCWCID #1) and the Baytown Area Water Authority (BAWA). BAWA has provided treated water to HCWCID #1 since September 1983. The proposed contract renews the agreement with HCWCID #1 for an additional 20 years. On September 17, 2003, the BAWA Board of Directors approved the water supply contract with HCWCID #1. The significant changes in the contract are as follows: the provisions relating to the construction of the facilities has been deleted since it is no longer applicable; the capital buy -in fee provisions have been deleted since it is no longer applicable; a provision has been added to clarify that all pressure regulating devices and equipment shall remain the property of HCWCID #1, who shall be responsible for its operation, maintenance, repair and replacement; and a provision has been added to require HCWCID #1 to submit a copy of its water conservation plan. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 11 of 19 Minutes of the Regular Session — September 25, 2003 ORDINANCE NO. 9639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE WHOLESALE WATER SUPPLY CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 030925 -2, granting a petition for annexation submitted by Bayou Development, LLC and authorizing preparation of a service plan. Proposed Resolution No. 030925 -2 grants a petition for annexation submitted by Bayou Development, LLC, to annex a 6.639 -acre tract of land in the Jacob Armstrong Survey, Abstract No. 2, Chambers County. Bayou Development, LLC proposes to develop this tract and the adjoining 3.667 -tract already within the city limits as an RV Park. It is necessary to annex the 6.639 -acre tract in order for the development to receive utilities. Staff is directed to prepare a service plan for the proposed annexation and to schedule the necessary public hearings. Council Member Renteria moved adoption of the proposed resolution. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF BAYOU DEVELOPMENT, LLC CONCERNING THE ANNEXATION OF A 6.639 ACRE TRACT OF LAND IN THE JACOB ARMSTRONG SURVEY, ABSTRACT NO. 2, CHAMBERS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approval of plans and specifications for the State Highway 99 Utility Relocation Project and authorize advertisement for bids. The scope of work includes the relocation of an existing 16" water line and a 4" sanitary sewer force main to facilitate the construction of State Highway 99 at the intersection of F.M. 1409 in Chambers County. The total budget for this project is $220,482 and will be funded by 2003 Certificates of Obligation Bonds. The estimated construction cost for the project, which includes a 10% contingency, is $202,108.50. The estimated cost for in -house inspection services is $5,000, for a total estimated project cost of $207,108.50. Construction duration is estimated to be 60 calendar days. Council Member Renteria moved approval of plans and specifications for the State Highway 99 Utility Relocation Project and authorization for advertisement for bids. Council Member Sheley seconded the motion. The vote follows: Page 12 of 19 Minutes of the Regular Session — September 25, 2003 Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider approval of plans and specifications for the Community Center Renovation Project and authorize advertisement for bids. The scope of work includes replacement of the HVAC system and roof, along with the renovation of the bathrooms, replacement of selected ceiling grid and installation of new lighting in selected areas. The estimated total cost for renovation is $1,615,273.94, which will be funded by the 2002 General Obligation Bonds, Asbestos Class Action Settlement and 2004 CIPF budget. A memo from the City Engineer regarding this project is included in your packet. The estimated construction duration is 210 days. Council Member Anderson moved approval of plans and specifications for the Community Center Renovation Project and authorization for advertisement for bids. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consent Agenda a. Proposed Ordinance No. 030925 -15 awards the first renewal of the annual sludge disposal contract to Rustin Transportation in the amount of $180,050. Rustin Transportation submitted a written request to renew the current contract. Price per cubic yard will be $13.88, an increase of 50.03 over last year. This contract is used for the collection, hauling, and disposal of processed sewage sludge at each of the three City of Baytown Wastewater Treatment Plants. b. Proposed Ordinance Number 030925 -16 awards the annual ready -mix concrete contract to Transit Mix Concrete and Materials in the amount of $95,300. Invitations to bid were mailed to four suppliers and we received two bids. The Public Works and Parks and Recreation Departments use this contract for various construction projects, i.e., streets and drainage repair, new projects, rehabilitation projects, etc. Page 13 of 19 Minutes of the Regular Session — September 25, 2003 C. Proposed Ordinance No. 030925 -17 approves an interlocal agreement with Harris County for Donations Management. To be eligible for Federal Emergency Management Agency (FEMA) grants and funding, the City must establish a plan to handle items donated to the City after a major disaster. The donated items may be food, clothing, or money. Harris County has established a program and the State of Texas has approved it. The City could establish its own program and seek state approval or join in the Harris County plan. The City of Baytown wishes to participate in the Harris County Donations Management Plan, rather than appoint an independent Donations Management Council for Baytown. By approval of the proposed resolution, the City will be in compliance with the planning standards and criteria set forth for Donations Management by the State of Texas Division of Emergency Management. d. Proposed Ordinance No. 030925 -18 approves the amendment to the contract with 3DI for the final closure report and capping of the dewatering well located at the City's North Main Street facility. The scope of work includes the cutting and capping of the existing dewatering wells and the final closure report to be sent to Texas Commission on Environmental Quality. The amendment provides compensation in an amount not to exceed $6,000.00, which will be funded by the 1992 General Obligation Bonds. e. Proposed Ordinance No. 030925 -19 authorizes certification pay for personnel in the Police, Fire and Public Work/Utilities Departments meeting the requisite qualifications, to update the amount that is paid as certification pay. This action brings the ordinance into agreement with our current pay rates and does not increase the amounts paid. Qualified personnel receive certificate pay as follows: Police Certificate Certification Pay (1) Intermediate $ 60.00 (2) Advanced $120.00 (3) Master $180.00 Fire Certificate Certification Pay (1) Intermediate $ 60.00 (2) Advanced $120.00 (3) Master $180.00 Public Works/Utilities Certificate Certification Pay (1) Grade C Water and/or Wastewater $ 60.00 (2) Grade B Water and/or Wastewater $ 90.00 (3) Grade A Water and/or Wastewater $120.00 Employees will qualify for the certification pay when they meet the qualifications established by the appropriate state agency for the applicable certificate. Page 14 of 19 Minutes of the Regular Session — September 25, 2003 rp"', f. Proposed Ordinance No. 030925 -20 establishes assignment pay in the amount of Eighty Cents ($0.80) per hour for police officer personnel who act as a Field Training Officer (FTO) to probationary police officers during the training period of the rookie officer. Council Minute Order has previously established this amount and it is recommended that it be established by ordinance. This assignment pay is in addition to any other pay that police officers receive as salary compensation and is paid only when the officer is serving as FTO. The work involved in training a new rookie is critical to the success of the department. Officers selected as Field Training Officers are expected to take on additional work during the time that they have a rookie officer with them. This ordinance does not increase the amounts paid. g. Proposed Resolution Number 030925 -3 authorizes the City Manager and/or Assistant City Manager to execute a contract on behalf of the City of Baytown with either CenterPoint Energy or TXU Energy Retail Services LP. This will allow the City to respond to changes in the electric retail market and take advantage of favorable pricing. h. Proposed Ordinance No. 030925 -21 authorizes an electric sales agreement with the Texas General Land Office ( "GLO ") for the purchase of electricity through the state power program. The program allows the land commissioner to convert oil and gas royalties from public land into electricity and sell it to public schools, state universities, state agencies and local governments at a discount. Under this program, Reliant Energy Retail will purchase the state's natural gas and arrange for the generation and delivery of electricity to the participating public entities at a discounted rate, off of the Reliant Energy/HL &P base rate. The City participated in this program prior to electric deregulation, which commenced on January 1, 2002. Since deregulation, the City has participated in the aggregation group established by the H -GAC Energy Purchasing Corporation; and the City's contract with HGAC expires on December 31, 2003. While the proposed ordinance approves the agreement, the same will not be executed until the City obtains indicative pricing from the GLO as well as HGAC and any other retail electric provider or aggregation group so that the best value to the City can be determined. This proposed ordinance preserves the City's option in locking in an advantageous rate with the GLO since rates change daily. The rate that the City approves may be for a one -year, two -year or three -year tern. i. Resolution No. 030925 -4 requesting the sheriff or constable to sell the properties located at 124 W. Texas Avenue, 1109 Bookertee Street, 1206 Bookertee Street and 1102 S. Shepperd, Baytown, Harris County, Texas, at a public sale pursuant to Section 34.05(c) of the Texas Tax Code. In 1997, the Legislature amended the Tax Code to allow taxing entities to sell via a public sale property held by a taxing entity as a result of the receipt of an insufficient bid at a tax foreclosure sale. At a public sale, the property will be sold at a public auction at the courthouse door of the county on the first Tuesday of the month, between the hours of 10 :00 a.m. and 4:00 p.m. The acceptance of a bid at such a sale is conclusive and binding on the question of its sufficiency. As such, it is believed that this process will provide the City an efficient mechanism for (i) returning deteriorated or unproductive properties to the tax rolls, (ii) enhancing the value of ownership to the properties neighboring those which have been bid off to the City in tax foreclosure sales, and (iii) improving the safety and quality of life throughout the City. This resolution authorizes the sale of the following properties: Page 15 of 19 Minutes of the Regular Session — September 25, 2003 (1) Property address: Legal description: Number and style of suit: Date of tax foreclosure sale: (2) Property address: Legal description: Number and style of suit: Date of tax foreclosure sale: (3) Property address: Legal description: Number and style of suit: Date of tax foreclosure sale: 124 W. Texas Avenue, Baytown, Texas Lot 9, Block 19, Goose Creek Cause No. 1997 - 11086; City of Baytown v. Dale Calcerone; In the 61" Judicial District Court, Harris County, Texas May 2, 2000 1109 Bookertee Street, Baytown, Texas Lot 7 & East 14 ft. of Lot 8, Block 4; Oakwood Annex Sec. l Cause No. 1999- 60748; City of Baytown v. Charles Lewis; In the 330 Judicial District Court, Harris County, Texas August 7, 2001 1206 Bookertee Street, Baytown, Texas Lot 7, Block 5; Oaklawn Cause No. 1990 - 17657; City of Baytown v. James W. Wilson; In the 280`h Judicial District Court, Harris County, Texas September 1, 1992 (4) Property address: 1102 S. Shepperd, Baytown, Texas Legal description: Lot 7, Block 7; Danubina Court Sec. 2A Number and style of suit: Cause No. 1995- 44174; City of Baytown v. Curtis Noack; In the 269`h Judicial District Court, Harris County, Texas Date of tax foreclosure sale: May 6, 1997 The right of redemption has expired on these properties. These properties contain no improvements. Council Member Renteria moved adoption of the consent agenda, items a through i. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9640 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF RUSTIN TRANSPORTATION FOR THE ANNUAL SLUDGE DISPOSAL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED EIGHTY THOUSAND FIFTY AND N0 1100 DOLLARS ($180,050.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9641 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TRANSIT MIX CONCRETE AND MATERIALS FOR THE ANNUAL READY -MIX CONCRETE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINETY -FIVE THOUSAND THREE HUNDRED AND NO /100 DOLLARS ($95,300.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 16 of 19 Minutes of the Regular Session — September 25, 2003 ORDINANCE NO. 9642 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DONATIONS MANAGEMENT AGREEMENT WITH HARRIS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9643 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SIXTH AMENDMENT TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF BAYTOWN AND 3D INTERNATIONAL ENVIRONMENTAL GROUP; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX THOUSAND AND NO /100 DOLLARS ($6,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9644 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CERTIFICATION PAY TO PERSONNEL OF THE POLICE, FIRE, AND PUBLIC WORKS/UTILITIES DEPARTMENTS MEETING THE REQUISITE QUALIFICATIONS; PROVIDING FOR A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9645 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ASSIGNMENT PAY FOR FIELD TRAINING OFFICERS; PROVIDING FOR A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1605 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPOINTING AUTHORIZED REPRESENTATIVES TO EXECUTE A SUPPLY AGREEMENT WITH A RETAIL ELECTRIC PROVIDER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9646 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN ELECTRIC SALES AGREEMENT WITH TEXAS GENERAL LAND OFFICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1606 ,. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTIES LOCATED AT 124 W. TEXAS AVENUE, 1109 BOOKERTEE STREET, 1206 BOOKERTEE STREET AND 1102 S. SHEPPERD AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 17 of 19 Minutes of the Regular Session — September 25, 2003 Consider Proposed Resolution No. 030925 -5, selecting the City of Baytown's representative and alternate to the General Assembly of the Houston - Galveston Area Council for the year 2004. Currently, Council Member Murray is the representative and Mayor Alfaro serves as alternate. Council Member Anderson moved adoption of the proposed resolution, designating Council Member Murray as the representative and Mayor Alfaro as the alternate. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1607 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 2004; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointment to the Planning and Zoning Commission. Position 2 has not been filled. The term will expire on December 31, 2004. Council Member Sheley moved appointment of Shawn McDonald to the Planning and Zoning Commission. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider appointment to the Local Law Enforcement Block Grant Advisory Board. It is necessary to appoint members of the Local Law Enforcement Block Grant Advisory Board in order to hold public hearings and establish a budget for the block grant funds. The Board must have a representative from each of the following: local court, religion, community group, school, prosecutor's office, and police. The following persons have agreed to serve if appointed: • Judge Tony Polumbo (local court) (new appointment) • Reverend Silverio Sanchez (religion) • Lavon Heintschel (local community group) (new appointment) • Kathy Clausen (school) (new appointment) • Julie Escalante, Assistant City Attorney (prosecutor's office) • Jackie E. Erikson, Captain (police). Page 18 of 19 Minutes of the Regular Session — September 25, 2003 Reverend Richard Turner and Lieutenant David Alford may be reappointed to serve as alternates. Council Member Renteria moved appointment of the following to the Local Law Enforcement Block Grant Advisory Board: Hon. Tony Polumbo (local court), Reverend Silverio Sanchez (religion), Lavon Heintschel (local community group), Kathy Clausen (school), Julie Escalante, Assistant City Attorney (prosecutor's office), Jackie E. Erikson, Captain (police), and Lieutenant David Alford (Alternate). Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider appointment of a temporary Associate Municipal Judge. The appointee will serve until the resolution of the administrative leave of Judge Bailey or until January 31, 2004. This appointment will allow the workload at Municipal Court to be shared among the associate judges without significantly impacting their private law practices. The Associate Judges have requested that Council make this appointment. The Municipal Judges Committee recommends the additional appointment. Virtually no additional expense will be incurred because the judges are compensated only for the time in service to the City. Council Member Anderson moved appointment of Andy Helms to serve as temporary Associate Municipal Judge until the resolution of the administrative leave of Judge Bailey or until January 31, 2004. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. City Manager's Report. City Manager Jackson announced that the City had been awarded the 2003 Coastal America Spirit Award in recognition of the creation of the Baytown Nature Center. Parks Director Scott Johnson informed Council that the Galveston Bay Estuary Program, the Galveston Bay Foundation, Texas Parks and Wildlife, Texas General Land Office, United States Fish & Wildlife Service, Lyondell Chemical Company, ExxonMobil Corporation, Chevron Phillips Chemical Company, and Crouch Environmental Services, as well as several City employees, had partnered with the City in the establishment of the Nature Center. He thanked them for their assistance and said the City is very proud of the award. Page 19 of 19 Minutes of the Regular Session — September 25, 2003 Mr. Jackson informed Council that the United Way Campaign, headed by Planning Director Gregory Stubbs, would be conducted from September 18 to November 21, 2003. Mr. Jackson noted that the City had received the Corps of Engineers permit for the Bayland Marina Dredging. Mr. Jackson said that the City had received one Fire Apparatus Pumper and one Fire Apparatus Aerial Quint that are undergoing final component installation. This equipment was funded by the 2001 Bond Program in the amount of nearly $1,000,000. Council Member Sheley thanked those who had attended the reception for the Downtown Association. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Renteria, and Sheley. Mayor A] faro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:22 p.m. r/ G#y W Smith City Clerk MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 25, 2003 The City Council of the City of Baytown, Texas, met in work session on September 25, 2003, at 6:00 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 Calvin Mundinger Council Member Mercedes Renteria III Council Member Pete C. Alfaro Mayor Gary Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk Absent were: Coleman Godwin Council Member Don Murray Council Member Scott Sheley Council Member The meeting was opened with a quorum present after which the following business was conducted: Discuss appointment of a temporary Associate Municipal Judge. Mayor Alfaro informed Council that feedback from Judge Strong, speaking for himself and Judge Benavides, was that their work schedules made it difficult to cover the Court docket. The appointment of an additional Associate Municipal Judge would ease the burden. Other than the initial expense of processing the employee, the City would incur no additional cost, as a judge is paid only for the time serving on the bench. The other position would be to serve until the administrative leave of Judge Bailey was resolved or until January 31, 2004. Council Member Renteria stated that the Municipal Judge Committee had met and recommended the appointment of Andy Helms. Council Member Anderson, also a member of the Municipal Judge Committee, concurred. Discuss appointments. Houston Galveston Area Council General Assembly Council Member Anderson indicated that he would move the reappointment of Don Murray as the City's representative to the Houston Galveston Area Council General Assembly and of Mayor Alfaro as alternate. Page 2 of 2 Minutes of the Work Session — September 25, 2003 Planning and Zoning Commission Council Member Sheley was not present and City Manager Gary Jackson stated that Mr. Sheley had selected a person to nominate to the Planning and Zoning Commission. Local Law Enforcement Block Grant Advisory Board Council Member Renteria stated that he would move the appointment of Judge Tony Polumbo (local court), Reverend Silverio Sanchez (religion), Lavon Heintschel (local community group), Kathy Clausen (school), Julie Escalante, Assistant City Attorney (prosecutor's office), and Jackie E. Erikson, Captain (police), with Reverend Richard Turner and Lieutenant David Alford as alternates to the Local Law Enforcement Block Grant Advisory Board. Due to Rev. Turner not residing in the City, Council discussed delaying his reappointment as an alternate until additional information can be provided. Adjourn. There being no further business, Council Member Mundinger moved adjournment. Council Member Renteria seconded the motion. The vote follows: Aye: Council Members Anderson, Mundinger, and Renteria Mayor Alfaro Nay: None. The motion carried and the meeting adjourned at 6:08 p.m. Gbfy W Smith City Clerk