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2003 11 25 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 25, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in special session on November 25, 2003, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Pete C. Alfaro Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith The following Council Members were absent: Ronnie Anderson Scott Sheley Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk Council Member Council Member The meeting was opened with a quorum present. Mayor Alfaro recognized the high school students present from Ms. White's class. 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 regular meeting held on November 13, 2003. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on November 13, 2003. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Conduct the first public hearing on the proposed annexation of a 6.639 -acre tract of land located north of Staples Addition in Chambers County, Texas. The public hearing was called to order at 6:31 p.m. Page 2of15 Minutes of the Special Session — November 25, 2003 Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on November 10, 2003 and posted on the City's website on or before the same day, at least twenty and more than ten days prior to today's date. Bayou Development LLC is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a recreational vehicle park, along with a 3.667 -acre tract already within the city. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. No one appeared to speak at the first public hearing. The public hearing was closed at 6:33 p.m. Conduct the second public hearing on the proposed annexation of a 6.639 -acre tract of land located north of Staples Addition in Chambers County, Texas. The public hearing was called to order at 6:33 p.m. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on November 10, 2003 and posted on the City's website on or before the same day, at least twenty and more than ten days prior to today's date. Bayou Development LLC is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a recreational vehicle park, along with a 3.667 -acre tract already within the city. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. No one appeared to speak at the second public hearing. The public hearing was closed at 6:35 p.m. Consider Proposed Ordinance No. 031125 -1, authorizing the extension of the Collective Bargaining Agreement between the City of Baytown, Texas, and the International Association of Firefighters Local 1173 until December 11, 2003. On September 13, 2001, the City Council approved a collective bargaining agreement with Baytown Professional Firefighters Association, Local No. 1173. Such agreement expired on September 30, 2003. Commencing on April 14, 2003, nine collective bargaining sessions have been held and two proposed agreements have been voted on and rejected by the firefighters. Page 3 of 15 Minutes of the Special Session — November 25, 2003 This ordinance extends the original agreement once again and clarifies the compensation employees covered by collective bargaining should be paid. If the agreement is extended, the City's bargaining team will attempt to meet with the firefighter's bargaining team to reach another tentative agreement to be presented to the firefighters for approval. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. Discussion followed between Council and Tom Carr, President of the Baytown Professional Firefighters Association, Local No. 1173, regarding the number of tiers, and the pay structure. It was noted that there was a considerable difference between the request by the Union for a 14% pay raise for a few individuals in the higher ranks, while the remainder of firefighters would receive a 1% across - the -board raise. The cost of collective bargaining from the onset was indicated to be $126,387 and growing, which caused Council to express concern regarding the impact of the collective bargaining process on future City budgets. It was the consensus of Council present that there is a need for the negotiations to continue in order that an agreement may be reached that is satisfactory to both parties. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9672 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE EXTENSION OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173 UNTIL DECEMBER 11, 2003; PROVIDING FOR A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031125 -2, authorizing the City's chief negotiator to execute on behalf of the City an agreement with International Association of Firefighters Local 1173 (the "Union ") to extend the collective bargaining process for a period not to exceed 15 days. Pursuant to state law, an impasse in the collective bargaining process generally occurs if the parties have not reached an agreement within 60 days after the process begins. Such period may be extended in writing for a period of not more than 15 days. The City and the Union have extended the time period in the past. This proposed ordinance will again extend the time for collective bargaining up to 15 days if the Union so agrees. Page 4of15 Minutes of the Special Session — November 25, 2003 Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9673 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY'S CHIEF NEGOTIATOR IN THE COLLECTIVE BARGAINING PROCESS TO EXECUTE ON BEHALF OF THE CITY AN AGREEMENT WITH INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173 TO EXTEND THE TIME FOR COLLECTIVE BARGAINING FOR A PERIOD NOT TO EXCEED 15 DAYS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031125 -3, authorizing an Industrial District Agreement with Rhodia Inc. Proposed Ordinance No. 031125 -3 authorizes an Industrial District Agreement with Rhodia Inc. 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 expired on August 31, 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 which had an industrial district agreement in effect on July 26, 2002 in the City's industrial districts. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9674 AN ORDINANCE 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 RHODIA INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 15 Minutes of the Special Session — November 25, 2003 Consider Proposed Ordinance No. 0311254, awarding a construction contract for the Community Center Renovation Project. Proposed Ordinance No. 031125 -4 awards a construction contract in the amount of $1,472,935 to the Spigener Corporation for the Community Center Renovation Project. The scope of work includes the renovation of the restrooms, ceiling grid and tiles, new plaster coating in the lobby area, sheetrock work, floor tile replacement, HVAC system replacement, and roof replacement. The construction duration for this project is 270 calendar days and will be funded by $943,515 from 2002 General Obligation Bonds, $400,000 from the 2003 -2004 CIPF Budget, and $129,420 accrued interest on the 2002 General Obligation bonds. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9675 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH SPIGENER CORPORATION FOR THE BAYTOWN COMMUNITY CENTER RENOVATIONS PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE MILLION FOUR HUNDRED SEVENTY -TWO THOUSAND NINE HUNDRED THIRTY -FIVE AND 00 /100 DOLLARS ($1,472,935.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031125 -5, awarding a construction contract for the Street Bond Project — Phase I. Proposed Ordinance No. 031125 -5 awards a construction contract in the amount of $2,512,299.55 to D &W Contractors, Inc. for Street Bond Project — Phase I. The following streets are included as part of this package: a. Amy Drive from Ward to Ivie Lee; b. McFarland Drive from Ward to Ivie Lee; c. Country Club Drive from West Baker to Club; d. Ashwood Drive from Fairway to Mustang; e. Fleetwood Drive from Memorial to Felton; f. Ohio Street from Oklahoma to Huggins; g. Utah Street from Missouri to West Main; and h. Tanglewood Drive from North Holly to Robin Page 6of15 Minutes of the Special Session – November 25, 2003 ., The scope of work includes street reconstruction including replacement of the existing pavement with reinforced concrete. There will also be some reconstruction and replacement of the affected sanitary sewer lines, water lines, and storm sewers. The construction duration for this project is 300 calendar days and will be funded by 2002 General Obligation bonds. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9676 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH D &W CONTRACTORS, INC., FOR THE 2001 -2002 STREET BOND PROJECT – PHASE I; AUTHORIZING PAYMENT OF THE SUM OF TWO MILLION FIVE HUNDRED TWELVE THOUSAND TWO HUNDRED NINETY -NINE AND 55 1100 DOLLARS ($2,512,299.55); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031125 -6, amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated," Schedule VIII "Designation —Stop and Yield Intersections," of the Code or Ordinances, City of Baytown, designating the intersection of Gentry Street and Stadium Drive/Martin Luther King Street as an all -way stop and designating the intersection of Gulf Avenue and South Main Street as an all -way stop. After the implementation of the ordinance requiring one -way traffic on Carnegie Street, a traffic flow problem was noted by the Baytown Police Department at the intersection of Gentry Street and Stadium Drive/Martin Luther King Street. Police Lieutenant Martha Murch requested that stop signs to be added to Gentry Street to allow the cross traffic to enter the intersection and to allow students to more safely traverse the intersection. The Public Works Department/Traffic Division, under the provisions of Section 94 -61(2) of the Code of Ordinances, instituted traffic control measure as follows; installation of stop signs on Gentry Street to reduce the traffic hazard caused by high traffic volumes. The signs were installed September 11, 2003. Staff has reviewed the impact of the stop signs. On September 24, 2003 Mr. Martinez, Vice Principal of Seniors at Lee High School, and Lieutenant Murch reported that this change had solved their safety concerns. Following removal of the stop signs on South Main Street, staff received complaints from citizens about a restriction of visibility on westbound Gulf Avenue. Staff reviewed the intersection and a visibility problem was found. Page 7of15 Minutes of the Special Session — November 25, 2003 A building on the northeast corner of the intersection is only four and a half feet from the curb. Traffic on Gulf Avenue was forced to pull out into South Main Street just to have the required line of sight to safely enter the intersection. If vehicles were parked along South Main Street, the visibility problem was exacerbated. The Public Works Department/Traffic Division, under the provisions of Section 94 -61(2) of the Code of Ordinances, instituted traffic control measures as follows: the re- installation of stop signs on South Main Street to reduce the traffic hazard caused by limited visibility. This measure was taken in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) 2000 Edition, Section 2B.07 option C, which provides as follows: "Locations where a road user, after stopping, cannot see conflicting traffic and is not able to safely negotiate the intersection unless conflicting cross traffic is also required to stop." On October 15, 2003 the Planning and Zoning Commission recommended the approval of the all -way stop at the intersection of Gentry Street and Stadium Drive/Martin Luther King Street and at the intersection of South Main Street and Gulf Avenue. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9677 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO (I) DESIGNATE THE INTERSECTION OF GENTRY STREET AND STADIUM DRIVE/MARTIN LUTHER KING AS AN ALL -WAY STOP INTERSECTION AND (II) DESIGNATE THE INTERSECTION OF GULF AVENUE AND SOUTH MAIN STREET AS AN ALL -WAY STOP INTERSECTION; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A PENALTY OF TWO HUNDRED AND NO 1100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031125 -7, authorizing renewal of liability and property insurance programs with Texas Municipal League — Intergovernmental Risk Pool and authorizing payment. Proposed Ordinance No. 031125 -7 authorizes liability and property insurance programs with Texas Municipal League and authorizes payment in the amount of $400,764 for premiums, reimbursable losses and administrative fees, and $150,000 for deductibles. This is a 15.27% increase in rate from 2002/2003 premiums of $347,678. Page 8of15 Minutes of the Special Session — November 25, 2003 The increase in premium reflects the change in our liability claims experience due to lawsuits and accidents, the appraisal and revaluation by TML of City buildings, and the addition by TML of some previously uninsured facilities. An increase in the rate was anticipated and the renewal amount is within the funds budgeted for the purpose. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Mayor Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9678 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FOUR HUNDRED THOUSAND SEVEN HUNDRED SIXTY -FOUR AND N01100 DOLLARS ($400,764.00) AND THE SUM OF ONE HUNDRED FIFTY THOUSAND AND NO 1100 DOLLARS ($150,000.00) FOR DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Mayor 031125 -8, authorizing renewal of the contract with Texas Municipal League Workers' Compensation Joint Insurance Fund to provide administrative services, claims payments, and excess workers' compensation insurance protection for the Mayor's Workers' Compensation Program and authorizing payment. Proposed Ordinance No. 031125 -8 authorizes renewal of the contract with the Texas Municipal League Workers' Compensation Joint Insurance Fund to provide administrative services, claims payments, and excess workers' compensation insurance protection for the City's Workers' Compensation Program at a cost of $680,164 — an overall increase in program costs of 25.1%. This increase in program costs is due to the increases in the Pool's expenses over the past several years, the continued increases in the cost and availability of reinsurance, and the increasing cost of medical care and services. With the continuing improvement in our claims frequency and severity experience relating to our City -Wide Safety Program expansion, we anticipate some reduction in our future renewals. An increase in the rate was anticipated and the renewal amount is within the funds budgeted for the purpose. Council Member Godwin moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Mayor Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Page 9of15 Minutes of the Special Session — November 25, 2003 ORDINANCE NO. 9679 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE WORKERS' COMPENSATION JOINT INSURANCE FUND TO PROVIDE ADMINISTRATIVE SERVICES FOR THE CITY'S WORKERS' COMPENSATION PROGRAM, AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR MONTHLY CLAIMS AS INCURRED, ADJUST ESCROW NECESSARY TO MEET SIXTY (60) DAYS AVERAGE CLAIMS REQUIREMENT AND PROJECTED PAYMENT OF SIX HUNDRED EIGHTY THOUSAND ONE HUNDRED SIXTY -FOUR AND N01100 DOLLARS ($680,164.00) FOR CLAIMS COSTS, ADMINISTRATIVE FEES, AND EXCESS WORKERS' COMPENSATION INSURANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 031125 -1, authorizing the amount of a performance bond as required by the contract with Goose Creek Consolidated Independent School District for Tax billing and collections. Proposed Resolution No. 031125 -1 authorizes the amount of a bond as required by the contract with Goose Creek Consolidated Independent School District for tax billing and collections. The School District shall give bond conditioned on the faithful performance of its duties as Assessor and Collector of the City. The bond will be payable to and shall be approved by the City in an amount determined by the City Council. The City shall pay the cost of such bond in addition to the payment of collection fees set out herein. The amount of the bond is proposed to be $500,000, as recommended by our outside auditor. Council Member Godwin moved adoption of the proposed resolution. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. Council Member Renteria abstained. The motion carried. RESOLUTION NO. 1618 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DETERMINING THE AMOUNT OF THE BOND FOR GOOSE CREEK CONSOLIDATED SCHOOL DISTRICT TO OBTAIN ON BEHALF OF THE CITY OF BAYTOWN CONDITIONED ON THE FAITHFUL PERFORMANCE OF THE SCHOOL DISTRICT'S DUTIES AS ASSESSOR AND COLLECTOR OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 15 Minutes of the Special Session — November 25, 2003 Consider Proposed Resolution No. 031125 -2, granting a petition for annexation submitted by Mohammad H. Saleem and authorizing preparation of a service plan. Proposed Resolution No. 031125 -2 grants a petition for annexation submitted by Mohammad H. Saleem to annex a 5.565 -acre tract of land in the George Ellis Survey, Abstract No. 21, Harris County, Texas. The property is located north of Interstate Highway No. 10, between Garth Road and North Main Street, east of and adjacent to the Dodge dealership. The address of the property is 5333 East Freeway, Baytown, Texas. The property is proposed to be developed as an automobile dealership. This resolution directs staff 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 Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1619 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF MOHAMMAD H. SALEEM CONCERNING THE ANNEXATION OF A 5.565 -ACRE TRACT OF LAND IN THE GEORGE ELLIS SURVEY, ABSTRACT NO. 21, HARRIS COUNTY, TEXAS, AND AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approval of the plans and specifications for the Gray Sports Complex Renovation Project and authorize advertisement for bids. The city proposes to renovate the existing Sports Complex and expand the facility on the North Main Street Property. The 60 -acre project will include the renovation of the four -field complex for the youth softball, construction of four new adult softball fields, and construction of concession/restroom facilities. The project also includes the construction of a large pavilion and other park facilities including trails, site lighting, and landscaping. The Rotary Club of Baytown will donate $20,000 toward the construction of the pavilion. A Texas Parks and Wildlife Department grant application that would have added some other upgrades to the project was not successful. A pre -bid conference is planned for December 17, 2003 with the bid opening set for December 22, 2003. Plans are to present the bids to City Council for approval in January 2004. Construction is expected to take 10 months, beginning in February with completion in the fall of 2004. The Parks and Recreation Advisory Board, at its November 5, 2003 meeting, approved the plans and specifications and recommended approval. Council Member Murray moved approval of plans and specifications for the Gray Sports Complex Renovation Project and authorization for advertisement for bids, contingent upon staff review and approval. Council Member Godwin seconded the motion. The vote follows: Page 11 of 15 Minutes of the Special Session — November 25, 2003 Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider approval of plans and specifications for the Bayland Marina Dredging Project and authorize advertisement for bids. The city proposes to mechanically and/or hydraulically dredge approximately 10,000 cubic yards of sandy silt and place it in two upland non - wetland levee sites on Bayland Island and Bayland Park. The City received a U.S. Army Corps of Engineers permit in October. The bid opening is set for December 22, 2003. Plans are to present the bids to City Council for approval in January 2004. The construction duration for this project is expected to be 30 days beginning in late January with completion in March 2004. Council Member Mundinger moved approval of plans and specifications for the Bayland Marina Dredging Project and authorization for advertisement for bids. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider approval of plans and specifications for the Hardin Road Drainage and Roadway Reconstruction Project and authorize advertisement for bids. The scope of work includes the reconstruction of the existing asphalt roadway with reinforced concrete. In addition, the work will also consist of utility relocations, ditch re- grading operations along with storm sewer outfall, culvert, and driveway replacements. The amount of the street reconstruction is approximately $636,616. The amount of the associated drainage improvements is $282,352, for a total estimated cost for construction of $918,968. The construction duration for this project is 150 calendar days. The proposed improvements will be funded by the 2001 Bond Program. Council Member Renteria moved approval of plans and specifications for the Hardin Road Drainage and Roadway Reconstruction Project and authorization for advertisement for bids. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Page 12 of 15 Minutes of the Special Session – November 25, 2003 Consider approval of plans and specifications for the East District Wastewater Treatment Plant Project and authorize advertisement for bids. The scope of work includes the rehabilitation of Influent Lift Station Number One, Treatment Train Number One, and miscellaneous facilities such as a clarifier and Pump Stations Number One and Two. The cost associated with this project will come out of the total allotted funds of $1,900,000 for the East District Wastewater Treatment Plant Renovations Project. The estimated construction cost for the renovations is $1,620,000, and will be funded by the 2002 Certificates of Obligation. City Manager Jackson reminded Council that this project involves only the rehabilitation of the plant but entails no increase in capacity. Council Member Mundinger moved approval of plans and specifications for the East District Wastewater Treatment Plant Project and authorization for advertisement for bids. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consent Agenda a. Proposed Resolution No. 031125 -3 approves application for continued funding of the Victims of Crime Act ( "VOCA ") Grant awarded to the City to provide the Family Violence Counseling Program in the Police Department for the 2004 -2005 period. The Houston - Galveston Area Council will review the VOCA Grant application during competitive grant proposals. The application will request continued funding for one full -time personnel position, a Case Management Coordinator, who works directly under the supervision of the Baytown Police Department. This continuation grant will be for the 5�h year of funding. The original application was approved by Resolution No. 1404 and the grant was awarded by the Office of the Governor — Criminal Justice Division for fiscal years 2001, 2002, and 2003. Funding is provided annually. This application will request funding in an amount not to exceed $46,667. The local match will be in kind and is available in the Police Department general fund budget. b. Proposed Ordinance No. 021125 -9 awards the annual wastewater lab analysis contract to Envirodyne Laboratories, Inc., in the amount of $23,885. This contract is used by the Pollution Control Division for lab analysis testing. The types of waste streams we have discharging to Baytown's sewer conveyance system and the changing regulations from state and federal governments govern our analytical needs. Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency mandate that the City operates 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). Page 13 of 15 Minutes of the Special Session — November 25, 2003 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. Funds are available in the Pollution Control/Special Services account. C. Proposed Ordinance No. 031125 -10 awards the purchase of two IBM P -630 Systems from International Business Machines Corporation (IBM) in the amount of $194,279.84. IBM is a QISV vendor. This purchase will replace existing IBM RS6000 systems that were purchased in 1998. The average life span of these systems is three years. The current systems are approaching six years of age and are incurring an increasing workload with the utilization of new applications. All departments of the city use the current systems and our main applications reside on these servers. The existing hardware is also obsolete and does not support our future network infrastructure. The proposed systems will provide an improved response time, better performance, and higher efficiency. This is a five -year internal lease of $48,309 per year. A local government that participates in the cooperative purchasing program established under sections 271.082 and 271.083 of the Local Government Code satisfies otherwise applicable competitive bidding requirements when it makes a purchase through the catalogue purchasing procedure established by Section 2157.067 of the Government Code. The purpose of the QISV (Qualified Information Systems Vendors) Catalogue Purchasing Program is to allow for qualified entities (state agencies and political subdivisions) to purchase automated information systems products and/or services in an efficient, cost effective, and competitive procurement method. Council Member Renteria moved adoption of the consent agenda, items a through c. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A BUDGET FOR CONTINUED FUNDING OF THE VICTIMS OF CRIME ACT GRANT TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR THE PERIOD COMMENCING ON JULY 1, 2004, AND ENDING ON JUNE 30,2005; DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 14 of 15 Minutes of the Special Session — November 25, 2003 ORDINANCE NO. 9680 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ENVIRODYNE LABORATORIES, INC., FOR THE ANNUAL WASTEWATER LAB ANALYSIS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -THREE THOUSAND EIGHT HUNDRED EIGHTY -FIVE AND N01100 DOLLARS ($23,885.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9681 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED NINETY -FOUR THOUSAND TWO HUNDRED SEVENTY -NINE AND 84/100 DOLLARS ($194,279.84) TO INTERNATIONAL BUSINESS MACHINES CORPORATION FOR TWO IBM P -630 SYSTEMS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointments to the Baytown Industrial Development Corporation Board. This item was not ready for consideration. Consider appointments to the Emergency Medical Services Committee. The terms of Roger Lay, Randy Kimmey, and Jess Navarre will expire on December 11, 2003. Each has agreed to serve if reappointed by Council. During the most recent term, Mr. Kimmey attended six and Mr. Navarre attended four of the six meetings of the committee. Mr. Lay was appointed to fill an unexpired term on April 10, 2003, and due to a prior commitment, was unable to attend the only meeting held since his appointment. Council Member Mundinger moved appointment of Roger Lay, Randy Kimmey, and Jess Navarre to the Emergency Medical Services Committee. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider appointment to the Urban Rehabilitation Standards Review Board. Mr. E.W. Froehner, the board member serving as an interested citizen, passed away on October 29, 2003. Page 15 of 15 Minutes of the Special Session — November 25, 2003 �►. Council Member Godwin moved appointment of Joe Frank Robins to the Urban Rehabilitation Standards Review Board. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfam. Nays: None. The motion carried. City Manager's Report. City Manager Jackson informed Council that the annual Christmas Parade will take place on Thursday, December 4, 2003. Mr. Jackson announced that the annual Art League Reception will be held on Friday, December 5, 2003, at the Sterling Municipal Library. Mr. Jackson noted that the Texas Recycles Day report had been included in Council's packets and the participation and commodities bad been excellent. Mr. Jackson said that because Council had requested additional information regarding Sales Tax alternatives, this item will be scheduled for discussion at the next regular work session on December 11, 2003 and information on the subject will be forthcoming in the Council packets for the meeting. Mayor Alfaro thanked those present for the expressions of sympathy at the recent passing of his father -in -law. The Mayor also wished everyone a Happy Thanksgiving. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:20 p.m. Gaiy W Smith City Clerk MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 25, 2003 The City Council of the City of Baytown, Texas, met in work session on November 25, 2003, at 5:20 p.m. in the Hullum Conference Room of Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Pete C. Alfaro Gary Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Absent: Ronnie Anderson Scott Sheley Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk Council Member Council Member The meeting was opened with a quorum present after which the following business was conducted: Discuss street bond program. City Manager, Gary Jackson, reported to Council that the program had been separated into Phase I and Phase II to speed the beginning of the work. Phase II is in the design stage and will be presented to Council in early 2004. A chart of the streets to be rehabilitated reflects the street status, residential or non - residential, as classified by the Thoroughfare Plan. Phase I streets are residential streets. Phase H streets are collector /minor arterial streets. During the discussion of the bond election, Council expressed that a minimum of $1.5 million would be spent on residential streets in each council district. Some of the districts are approaching an expenditure of $1.5 million in the first phase for residential streets. Mr. Jackson discussed the plan to have a joint project with Harris County for the rehabilitation of Raccoon Drive and Kilgore Road. The need for street repairs is great. The work in Phase I will address important needs, but it addresses only two miles of the two hundred seventy -six miles of streets in the City. To maintain all streets at a 55 PCI rating, significant funding is necessary for maintenance. It is estimated that $3 to $4 million is required per year for maintenance and repair. The Council discussed how it would determine expenditures from the bond funds for non- residential streets. The discussion indicated that the decisions would be based on need. The Page 2 of 3 Minutes of the Work Session — November 25, 2003 streets selected would have a PCI rating below 55 and the streets would be selected on a citywide basis, without concern for Council District lines. Mayor Alfaro suggested that the sales tax for street maintenance be considered. He asked staff to estimate the miles of streets that can be maintained with bond funds and with a %4 of one percent sales tax. Mr. Jackson explained that Claunch & Miller had performed the engineering work for Years 1 & 2. Pate Engineering will perform the engineering work for Year 3. Mr. Jackson asked for Council comment on the plan to allow Pate to review the street evaluation and select the top four or five streets in each District. The budget for Year 3 is $4 million, including $3.2 million for construction. The Council consensus was to use the street studies to determine which streets to study. Discuss plans and specifications for the Gray Sports Complex renovation. Scott Johnson, Director of Parks and Recreation, described the process of meeting with the Girls Softball League, the umpires, the Heritage Society and the design firm, HOK, to discuss the renovation and develop a master plan for the facility. The budget for the renovation is $2.19 million, including $1.9 million for construction. The Rotary Club of Baytown has pledged $20,000 toward the construction of the pavilion. The cost of the infrastructure improvements (electricity and drainage) is significant. The plan includes building women's and men's softball facilities, one concession stand and a 100 -car parking lot. The existing youth fields will be raised and renovated. Although three applications were made for grant funding through Parks & Wildlife, the competition is very stiff, and we were not able to win an award. Mr. Jackson explained to Council that the item is on the Council agenda for action, but technical adjustments are necessary in the plans and specifications. Staff will ask Council to approve the plans and specifications contingent upon staff approval of the final plans. Discuss appointments. Baytown Industrial Development Corporation Board. Council postponed this item until the next meeting. Emergency Medical Services Advisory Committee. Council Member Mundinger indicated that he would move the reappointment of Roger Lay, Randy Kimmey and Jess Navarre. Urban Rehabilitation Standards Review Board. Council Member Godwin indicated that he would move the appointment of Joe Frank Robbins to the unexpired term of E. W. Froehner (Interested Citizen). Page 3 of 3 Minutes of the Work Session — November 25, 2003 Adjourn. There being no further business, Council Member Murray moved adjournment. Council Member Mundinger seconded the motion. The vote follows: Aye: Council Members Godwin, Mundinger, Murray, and Renteria Mayor Alfaro Nay: None. The motion carried and the meeting adjourned at 6:10 p.m. G Smith City Clerk