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2003 12 11 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 11, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on December 11, 2003, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith The following Council Member was absent: Coleman Godwin Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk Council Member The meeting was opened with a quorum present and Council Member Sheley led the pledge of allegiance and offered the invocation. Mayor Alfaro recognized the high school students present after which the following business was conducted: Consider approval of minutes of the work session and special meeting held on November 25, 2003. Council Member Renteria moved approval of the minutes of the work session and special meeting held on November 25, 2003. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. Council Members Anderson and Sheley abstained. The motion carried. Announce tabulation of the Bayland Island bids. I Bids were scheduled to be opened at 2 p.m. on December 11, 2003. No bids were received, despite a number of inquires and the fact that approximately 70 bid packets were distributed. Staff will develop alternatives and schedule a future work session for Council discussion. Page 2 of 16 Minutes of the Regular Session — December 11, 2003 , Conduct the first public hearing on the proposed annexation of a 5.565 -acre tract of land located at 5333 East Freeway in the George Ellis Survey, Abstract No. 21, Harris County, Texas and being located north of Interstate Highway No. 10, between Garth Road and North Main Street. The public hearing was called to order at 6:36 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 first of the public hearings. Notice of the public hearing was published in The Baytown Sun on November 28, 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. Mohammad H. Saleem is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as an automobile dealership. 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 6:37 p.m. Conduct the second public hearing on the proposed annexation of a 5.565 -acre tract of land located at 5333 East Freeway in the George Ellis Survey, Abstract No. 21, Harris County, Texas and being located north of Interstate Highway No. 10, between Garth Road and North Main Street. The public hearing was called to order at 6:37 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 28, 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. Mohammad H. Saleem is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as an automobile dealership. 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 6:38 p.m. Page 3 of 16 Minutes of the Regular Session — December 11, 2003 Consider Proposed Ordinance No. 031211 -1, approving Change Order No. 2, final payment to Huff & Mitchell, Inc., and acceptance of the Pinehurst 1 Sanitary Sewer Rehabilitation Project. Proposed Ordinance No. 031211 -1 approves deduct Change Order No. 2 to adjust final quantities, approves final payment of $35,308.86 to Huff & Mitchell, Inc., and accepts the Pinehurst 1 Sanitary Sewer Rehabilitation Project. The original contract was in amount of $351,642. Change Order No. 1, approved administratively, added $5,056 for re- routing two existing sewer service lines, increasing the contract amount to $356,698. The original contract duration was, and remained, 120 calendar days. Change Order No. 2 is a balancing change order and reduces the final contract amount by $3,609.36 to $353,088.64. The final contract amount is a net increase of $1,446.64 (0.4 %). The contractor finished the project in the allotted time and their workmanship was satisfactory. Council Member Anderson moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor AIfaro. Nays: None. The motion carried. ORDINANCE NO. 9682 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCT CHANGE ORDER NO. 2 WITH HUFF & MITCHELL, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE PINEHURST SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY - FIVE THOUSAND THREE HUNDRED EIGHT AND 861100 DOLLARS ($35,308.86) TO HUFF & MITCHELL, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031211 -2, approving final payment to Pfeiffer & Son, LTD., and acceptance of the Rollingbrook/Hutto Signalization Project. Proposed Ordinance No. 031211 -2 approves final payment of $12,077.23 to Pfeiffer & Son, LTD., and accepts the Rollingbrook/Emmett Hutto Signalization Project. The original contract was awarded to Pfeiffer & Son, LTD., for $120,772.35 and the contract was completed without change orders for the original amount and the original duration of 150 calendar days. Their workmanship was satisfactory. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor AIfaro. Nays: None. The motion carried. Page 4 of 16 Minutes of the Regular Session — December 11, 2003 ORDINANCE NO. 9683 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE ROLLINGBROOK AT EMMETT 0. HUTTO BOULEVARD SIGNALIZATION PROJECT AND IMPROVEMENTS; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWELVE THOUSAND SEVENTY -SEVEN AND 23/100 DOLLARS (512,077.23) TO PFEIFFER & SONS, LTD.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031211 -3, awarding a construction contract for the Big Missouri Lift Station and Force Main Project. Proposed Ordinance No. 031211 -3 awards a construction contract in the amount of $1,288,351 to Insituform Tech, Inc., for the Big Missouri Lift Station and Force Main Project. The scope of work includes the replacement of the Big Missouri lift station and the installation of a new force main from the Big Missouri Lift Station to the Central District Wastewater Treatment Plant. The project also includes the installation of a new gravity sewer line along Oklahoma Street from Wisconsin Street to the Big Missouri Lift Station and the installation of a new gravity sewer line along portions of Illinois and Ohio Streets. The estimated construction cost for the project, includes a 5% contingency, is $1,434,947.80. The budget for this project is $2,300,000, including design and engineering costs and the Huggins Street Sanitary Sewer Rehabilitation Project. This project will be funded by CEP Funds and the construction duration is 200 calendar days. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9684 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH INSITUFORM TECH., INC., FOR THE BIG MISSOURI LIFT STATION AND FORCE MAIN PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE MILLION TWO HUNDRED EIGHTY -EIGHT THOUSAND THREE HUNDRED FIFTY -ONE AND NO 1100 DOLLARS ($1,288,351.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 16 Minutes of the Regular Session — December 11, 2003 Consider Proposed Ordinance No. 0312114, approving a contract amendment to Micro Air of Texas, Inc. for additional professional services in the amount of $10,700 for the Baytown Community Center Asbestos Abatement Project. The original contract was administratively approved and was in the amount of $24,900. The scope of work in the original contract included asbestos abatement monitoring, surveillance services, project coordination and documentation, and air monitoring and final report documentation, as required by the Texas Department of Health. The additional services are required due to increases in the scope of work performed by the abatement contractor. A more detailed explanation is included in a memorandum as part of the packet. The proposed amendment will increase the total contract amount from $24,900 to $35,600. This project is funded by 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 Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9685 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 AMENDMENT NO. 1 TO THE ENGINEERING SERVICES AGREEMENT WITH MICRO AIR OF TEXAS, INC., FOR ADDITIONAL ASBESTOS CONSULTING AND TESTING SERVICES RELATED TO THE ABATEMENT OF ASBESTOS - CONTAINING MATERIALS AT THE COMMUNITY CENTER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF ADDITIONAL FUNDS IN THE AMOUNT NOT TO EXCEED TEN THOUSAND SEVEN HUNDRED AND NO /100 DOLLARS ($10,700.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031211 -5, awarding a professional services contract for the investigative phase for the selection of streets for the 2001 Street Bond Program, Year 3. Proposed Ordinance No. 031211 -5 awards a professional services contract to Pate Engineers for engineering services for an investigative study of the streets in need of rehabilitation for the 2001 Street Bond Program, Year 3. The purpose of the study is to develop a preliminary list of streets for rehabilitation in each of the six Council Districts based on the data contained within the FUGRO -BRE, Inc. Pavement Management System Implementation Report and the funding available in Year Three. This preliminary list will be presented to Council in a future work session in order to develop the list of streets for preliminary engineering and more detailed cost estimation. This is the same process used in Years One and Two of the Street Bond Program. Compensation for the investigative study will be based on a time and materials basis for a total fee not to exceed $41,500. The total amount of $41,500 includes a reimbursable budget up to $1,000. Pate Engineers will complete the study within 90 calendar days after the issuance of a notice to proceed. This project will be funded by the 2003 General Obligation Bonds. Page 6 of 16 Minutes of the Regular Session – December 11, 2003 Council Member Murray moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9686 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 PATE ENGINEERS, INC., FOR AN INVESTIGATIVE STUDY FOR THE SELECTION OF STREETS TO BE REHABILITATED FOR THE 2001 -2002 STREET BOND PROJECT PHASE, III; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT NOT TO EXCEED FORTY -ONE THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($41,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031211 -6, approving and authorizing the execution of the renewal of the lease with the Bay Area Heritage Society for the Museum property at 220 West Defee Street. This item was not ready for consideration. Consider Proposed Ordinance No. 031211 -7, 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, City of Baytown, designating the intersection of North Pruett Street and William Avenue as an all -way stop and authorizing the removal of the flashing signal. A traffic study dated March 18, 2003, recommended that the traffic signal at the intersection of North Pruett Street and William Avenue be taken out of service and that William Avenue be designated as a two -way stop and marked with stop signs at the intersection. Additionally, the study recommended placing the signal in yellow flash on North Pruett Street and red flash on William Avenue for a ninety - day period to test for adverse effects of these changes. The Growth Management and Development Advisory Commission and City Council approved these changes. On June 16, 2003, the changes were implemented. During the next several days, two accidents were recorded and several near misses reported. Due to these occurrences, the intersection was returned to an all -way red flash. As a result of this activity, the traffic division conducted further analysis. It was determined that the designation of the intersection should be changed from a two -way stop to a four -way (non - signalized) stop. This recommendation was forwarded to the Planning and Zoning Commission. Page 7 of 16 Minutes of the Regular Session — December 11, 2003 roN On November 19, 2003, the Planning and Zoning Commission recommended that Council approve the designation of the intersection of North Pruett Street and William Avenue as an all -way stop (signed) intersection with the removal of the flashing signal. Council Member Anderson moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. Council Member Sheley stated that his constituents who reside in this area prefer to keep the intersection with the all -way red flashing signal. Assistant City Manager Leiper informed Council that the problem had first occurred when the equipment had malfunctioned. He stated that the signal -head equipment could be replaced, the flashing light left in place, and the intersection converted to a four -way signed stop. He noted however, that the motion should include an amendment to the ordinance to leave the traffic signal in place as well as the installation of stop signs on the south and north sides of North Pruett Street at its intersection with William Avenue. Council Member Anderson withdrew his motion and Council Member Mundinger withdrew his second. Council Member Sheley moved adoption of the proposed ordinance, amending it to remove the signal head at the intersection of North Pruett Street and William Avenue and replacing it with red overhead flashers, 4 -way, by designating the intersection of North Pruett Street and William Avenue as an all -way stop intersection and placing stop signs on the south and north sides of North Pruett Street at its intersection with William Avenue. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9687 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 IX "DESIGNATION — SIGNALIZED INTERSECTIONS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY REMOVING THE SIGNAL HEAD AT THE INTERSECTION OF NORTH PRUETT STREET AND WILLIAM AVENUE AND REPLACING IT WITH RED OVERHEAD FLASHERS, 4 -WAY; 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, CITY OF BAYTOWN, TEXAS, BY DESIGNATING THE INTERSECTION OF NORTH PRUETT STREET AND WILLIAM AVENUE AS AN ALL -WAY STOP INTERSECTION AND PLACING STOP SIGNS ON THE SOUTH AND NORTH SIDES OF NORTH PRUETT AT ITS INTERSECTION WITH WILLIAM AVENUE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 8 of 16 Minutes of the Regular Session — December 11, 2003 Consider Proposed Ordinance No. 031211 -8, repealing Section 2 of Ordinance No. 9626 adopted on the 25'h day of September, 2003 and adopting health premium plans for future retirees. With the passage of the budget Council established a tier payment plan method for retiree health premiums for all employees retiring on or after January 1, 2004. This proposed ordinance repeals the tier payment plan system and reinstates it only for employees who are hired on or after January 1, 2004. All employees hired prior to such date with at least ten years of service with the City of Baytown will pay the same premiums as paid by active employees upon retirement from the City. All retirees must meet the age, service, and/or medical disability requirements established by the City Council in conformity with the Texas Municipal Retirement System to retire with the City of Baytown. City Manager Jackson noted that since the budget had been adopted in September, according to Council's Rules of Procedure, an item may not be reconsidered if the item has been previously considered and voted on by the Council within the preceding six months, unless the Council, by majority vote, waives this restriction as to the item. Council Member Murray moved to waive the restriction on reconsideration of an item previously considered and voted on by the Council within the preceding six months. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9688 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, REPEALING SECTION 2 OF ORDINANCE NO. 9626 ADOPTED ON THE 25T" DAY OF SEPTEMBER, 2003; ADOPTING PAYMENT PLANS FOR RETIREE HEALTH PREMIUMS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9of16 Minutes of the Regular Session — December 11, 2003 Consider Proposed Ordinance No. 031211 -9, authorizing the extension of the Collective Bargaining Agreement between the City of Baytown, Texas, and the International Association of Firefighters Local 1173 until January 8, 2004. 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. 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 firefighters' bargaining team to reach another tentative agreement to be presented to the firefighters for approval. City Manager Jackson informed Council that during the last Collective Bargaining Session, the Baytown Professional Firefighters Association, Local No. 1173, had made an offer that would decompress the tier structure to a 0.94% across - the -board increase for the majority of firefighters, although some in the higher ranks would receive substantially higher. The City's bargaining team had countered with a final offer to reduce the tiers, but not to the degree the Union had requested. That option will be taken to the Union for a vote sometime before the first Council meeting in January 2004. Discussion followed regarding the City's options should an impasse be declared. Council Member Murray noted that the cost of Collective Bargaining to the taxpayers was well over $100,000, and growing. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9689 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 FOR THE TERM OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2003, UNTIL JANUARY 8, 2004; PROVIDING FOR A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 16 Minutes of the Regular Session — December 11, 2003 Consider rejecting bids for the construction of the Baytown Nature Center Entryway project and authorize advertisement for bids. Council approved plans and specifications for the Baytown Nature Center Entryway Project and authorized advertising for bids at its October 23, 2003 meeting. Bids were opened on November 25, 2003. We received two bids and the apparent low base bid is $690,427.80, while our budget for this project is $544,500. Halff Associates, Inc. has reviewed the bids and recommends that we reject the bids and reduce the scope of work to stay within budget. The project has been revised to widen the southern roadway to allow two -way traffic and to bid the northern roadway and the resurfacing of a portion of Brownwood Drive as alternate items. Either of these elements can be constructed at a later date as funds allow. A drawing indicating the revisions is included in the packet. The revised specification manuals and drawings should be ready in early January 2004. A pre -bid conference will be scheduled with the bid opening set for late January 2004. It is anticipated that bids will be presented to Council for approval in February 2004. Construction is expected to begin in March with completion by August. Construction is expected to take 120 calendar days. Council Member Mundinger moved to reject all bids for the Baytown Nature Center Entryway Project and authorize readvertisment based on revised specifications. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consent Agenda a. Proposed Resolution No. 031211 -1 requests the sheriff or constable to sell property located on Fortinberry Avenue, Baytown, Hams 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 property: Property address: Legal description: Number and style of suit: Date of tax foreclosure sale The right of redemption improvements. Fortinber y Avenue, Baytown, Texas Lots 7 and 8, Block 16, Busch Terrace Cause No. 2001- 64632; City of Baytown v. A. L. Edwards; In the 11P Judicial District Court, Harris County, Texas July 1, 2003 has expired on this property. This property contains no Page 11 of 16 Minutes of the Regular Session — December 11, 2003 b. Proposed Resolution No. 031211 -2 authorizes the City Manager to make application for and take other actions related to the Juvenile Accountability Incentive Block Grant Program (RAP). The City of Baytown received these grant funds in 1999 and established a juvenile program. This resolution will renew our present program. The City was awarded this grant in 2003 and 2004 and has again been invited to apply for grant funds to aid in the reduction of juvenile crime. This will be the sixth year to apply for the grant. The City is eligible for $18,770 with a 10% cash match of $2,086, making the total project budget $20,856. These funds enable the court to continue alternative sentencing for juveniles in the Municipal Court. Appointment of a Juvenile Crime Enforcement Coalition is also on this agenda. These funds would allow the court to enhance the existing program which is divided into a classroom session for the juvenile and a parent or guardian and a community service session that requires the juveniles to dress in orange- colored vests and pick up trash, paint over graffiti, clean vacant lots, etc. All activities are closely supervised. The program has been successful and these funds would allow the Court to expand the existing program. Funding is available in the Municipal Court annual budget. C. Proposed Ordinance No. 031211 -10 awards the annual frozen dinners contract, in the amount of $27,125, to Lewis Food Town, Inc. Invitations to bid were mailed to three suppliers and we received two bids and one no -bid. Kroger would not bid fine pricing for the entire twelve months of the contract. The Police Department will pick up meals instead of requiring delivery as in the past. This change resulted in increased competition that lowered the overall unit pricing for dinners. Quantities were reduced to accurately reflect average usage of this contract for the last three years. Funding is available in the Police Department annual budget. d. Proposed Ordinance No. 031211 -11 awards the sole source purchase, in the amount of $61,620, to Printrak, for an Automated Fingerprint Identification System (AFIS), the Livescan Station 3000n with cabinet (LSS3000n), containing standard Harris County profiles connected directly to the Harris County AFIS database for the jail. Funding is available through the 2002 and 2004 Local Law Enforcement Block Grant. The proposed purchase will replace our current AFIS system that will be out -of -date due to the updating of the Harris County system. This purchase is a replacement for our existing AFIS equipment for which the manufacturer is phasing out support and maintenance. More detailed information is included in a memorandum from the Police Chief in the packet. e. Proposed Ordinance No. 031211 -12 awards the annual construction materials contract, in the amount of $75,000, to Deer Park Lumber Company, Ltd. Invitations to bid were mailed to seven suppliers and we received two bids. The award of this contract is based on the average of the last three year's actual expenditures for construction materials. Lumber pricing fluctuates constantly due to pulp pricing. The pricing for lumber cannot be held firm for the entire term of this contract. Unit pricing is obtained weekly from the Random Lengths Lumber /Market Price Guide published weekly. This contract is used by all departments for construction materials, roofing materials, and masonry items. Funding is available through various accounts. Page 12 of 16 Minutes of the Regular Session — December 11, 2003 f. Proposed Ordinance No. 031211 -13 awards the first renewal of the annual cationic polymer supply contract, in the amount of $45,252, to Atlantic Coast Polymers, Inc. Atlantic Coast Polymers submitted a written request to renew the current contract for the same pricing, terms and conditions. Quantities remain the same. This contract is used by the Wastewater Treatment plants in flocculation applications utilizing belt presses and centrifuges. Funding is available in the Wastewater budget. This contract may be renewed for three additional one year periods, each additional year renewable upon the City of Baytown's approval and the receipt by the City of Baytown of written notice from the bidder of its desire to renew said contract at least thirty days prior to the expiration of the contract. This is the first renewal of this contract. g. Mat Dobbs, DVM, has requested that the 3100 block of East Elvinta be renamed to Crosby -Cedar Bayou Road. The 3100 block is the only portion of East Elvinta north of Highway 146. The roadway continues north across Alexander Drive and is known as Crosby -Cedar Bayou Road. Resolution No. 1167 reserves to City Council the authority to refer a requested street name change to the appropriate department or commission. Staff recommends that each request be referred to the Planning and Zoning Commission. Council Member Mundinger moved adoption of the consent agenda, items a through g. 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. 1621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 00 FORTINBERRY AVENUE AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1622 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPLY FOR A GRANT WITH THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, FOR THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM; AUTHORIZING THE CITY MANAGER TO APPOINT A JUVENILE CRIME ENFORCEMENT COALITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 13 of 16 Minutes of the Regular Session — December 11, 2003 ORDINANCE NO. 9690 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF LEWIS FOOD TOWN, INC., FOR THE ANNUAL FROZEN DINNERS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY - SEVEN THOUSAND ONE HUNDRED TWENTY -FIVE AND NO /100 DOLLARS ($27,125.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9691 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SIXTY -ONE THOUSAND SIX HUNDRED TWENTY AND NO /100 DOLLARS ($61,620.00) TO PRINTRAK AS THE SOLE SOURCE FOR A LIVESCAN STATION 3000N WITH CABINET (LSS3000N) CONTAINING STANDARD HARRIS COUNTY PROFILES CONNECTED DIRECTLY TO THE HARRIS COUNTY AFIS DATABASE FOR THE POLICE DEPARTMENT JAIL; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9692 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DEER PARK LUMBER COMPANY, LTD., FOR THE ANNUAL CONSTRUCTION MATERIALS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -FIVE THOUSAND AND NO /100 DOLLARS ($75,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9693 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ATLANTIC COAST POLYMERS, INC., FOR THE ANNUAL CATIONIC POLYMER SUPPLY CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -FIVE THOUSAND TWO HUNDRED FIFTY -TWO AND N0 1100 DOLLARS ($45,252.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointments to the Baytown Industrial Development Corporation Board. The terms of the Directors of the Baytown Industrial Development Board expire on December 14, 2003. The present Directors are as follows: Mike Wilson, Mercedes Renteria, Calvin Mundinger, Ronald Anderson, Donald C. Murray, Scott Sheley, and Coleman Godwin. Directors Wilson and Sheley have each served three two -year terms and are not eligible for reappointment. No Director may serve more than six consecutive years. The remaining Directors are eligible for reappointment. Traditionally, Council has appointed the members of City Council to the Board. Council Member Anderson moved appointment of Tommie Jones to fill the position vacated by Director Wilson, Mercedes Renteria, Calvin Mundinger, Ronald Anderson, Donald C. Murray, and Coleman Godwin to the Baytown Industrial Development Board. Council Member Renteria seconded the motion. The vote follows: ' Page 14 of 16 Minutes of the Regular Session — December 11, 2003 Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider confirmation of the City Manager's appointment to the Civil Service Commission. The term of Ruben Linares expires on January 1, 2004. This is a three -year term. Mr. Linares is willing to serve another tern if his reappointment is confirmed. Since Mr. Linares' appointment, he has attended two of the three Civil Service Commission meetings. Council Member Murray moved confirmation of the City Manager's appointment of Ruben Linares to the Civil Service Commission. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider appointment of the chairperson of Reinvestment Zone Number One, City of Baytown. Each year, City Council appoints the chairperson of the Reinvestment Zone. Dr. Murray has served as the chairperson since the Zone's creation. Council Member Mundinger moved appointment of Don Murray as the Chairman of the Reinvestment Zone Number One, City of Baytown. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. Consider appointments to Planning and Zoning Commission. The terms of Rolando Valdez (District 1), Barry Bobbitt (District 3), Gilbert Chambers (District 5), Lewis McRee (Mayor's appointee), and Jim Hutchison (City Manager's ETJ appointment) will expire on December 31, 2003. Each has agreed to serve if reappointed by Council. Since appointment in October, Mr. Valdez, Mr. Bobbitt, Mr. Chambers, Mr. McRee, and Mr. Hutchison have each attended both of the meetings held. Council Member Renteria moved appointment of Rolando Valdez (District 1), Barry Bobbitt (District 3), Gilbert Chambers (District 5), Lewis McRee (Mayor's appointee), and Jim Hutchison (City Manager's ETJ appointment) to the Planning and Zoning Commission. Council Member Murray seconded the motion. The vote follows: Page 15 of 16 Minutes of the Regular Session — December 11, 2003 Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. Consider appointments to the Juvenile Crime Enforcement Coalition. The Juvenile Accountability Incentive Block Grant (RAP) includes the Coalition, which meets annually. The Coalition consists of representatives from the following categories: Police, Administration, Juvenile Court, Business, Social Services, Law Enforcement (Sheri ff /Constable), State /Local Probation, Schools, Faith based, and Law Enforcement -other (Fire Marshal). The following persons have agreed to serve if appointed by City Council: Police Jesse Armstrong, Ed David, Randy Rhodes, Clint Holden Administration Randall B. Strong Juvenile Court Julie Escalante, Lynda Kilgore, Karen Jones Business Nicholas Pipkin Social Services Mike Wilson (Communities in Schools) Sheriff /Constable Bob Wooten (Deputy Constable, Pct. 3) State /Local Probation Carl Nickell (Harris County Juvenile Probation) Schools Lisa Vaughan, Mary Kilgore (Goose Creek CISD - Truancy) Faith based Bonnie Parker Fire Marshal Howard Gudgell Council Member Sheley moved appointment of Jesse Armstrong, Ed David, Randy Rhodes, Clint Holden (Police), Randall B. Strong (Administration), Julie Escalante, Lynda Kilgore, Karen Jones (Juvenile Court), Nicholas Pipkin (Business), Mike Wilson (Communities in Schools - Social Services), Bob Wooten (Deputy Constable, Pct. 3- Sheriff /Constable), Carl Nickell (Harris County Juvenile Probation- State/Local Probation), Lisa Vaughan, Mary Kilgore (Goose Creek CISD - Truancy- Schools), Bonnie Parker (Faith based), and Howard Gudgell (Fire Marshal). Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. City Manager's Report. City Manager Jackson informed Council that the Decker Drive Ribbon - Cutting Ceremony will be held on Monday, December 15, at 10:30 a.m. Mr. Jackson said that the City's holiday closings will be on December 25 and 26 and New Year's Day, January 1, 2004. Mr. Jackson noted that United Way contributions totaled $13,670.51. Page 16 of 16 Minutes of the Regular Session — December 11, 2003 Mr. Jackson announced that the Finance Department was awarded the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ended September 30, 2002 by the Government Finance Officers Association. Mr. Jackson explained the "Buy Baytown' Campaign to Council. He said that the objective of the campaign is to encourage the purchasing of goods and services in the City and noted that it is a very positive means to improve business and revenue. Mr. Jackson gave Council an update on the Wastewater System regarding the purchase of Northeast Wastewater Treatment Plant property. He said that the City had closed on the purchase of the property the previous week and that the Phase I and Phase H Environmental Studies necessary had been conducted prior to the purchase of the property. He said this acquisition is vital to the plant expansion for the future provision of services to the citizens of Baytown. Mr. Jackson also informed Council regarding the meeting with Texas Water Development Board for project financing. He related that low- interest rate loans are available. Council Member Shelley reported that the Baytown Downtown Business Association had unveiled a new membership brochure. Both Manager Jackson and Mayor Alfaro wished all present a Merry Christmas and a Happy New Year Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:28 p.m. G0y W Smith City Clerk MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 11, 2003 The City Council of the City of Baytown, Texas, met in work session on December 11, 2003, at 5:43 p.m. in the Hullum Conference Room of Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Ronnie Anderson Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Absent: Coleman Godwin Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk Council Member The meeting was opened with a quorum present after which the following business was conducted: Discuss future retiree health care premiums. City Manager, Gary Jackson, reminded Council of the adoption of the tiered retiree health plan adopted with the 2003 -2004 fiscal year budget. The proposed ordinance for consideration in the regular session repeals the action taken while adopting the budget and adopts a tiered plan for employees hired on or after January 1, 2004. The existing plan provided only a short time frame for employees to make retirement plans. The proposed change will make the new plan completely prospective. Existing employees who retire with ten consecutive years of service to the City will be eligible to participate in the health plan and pay the same premium as a current employee. All persons hired on or after January 1, 2004 will be required to sign and acknowledge receipt of information about the tiered plan with a statement that the plan may change. It is estimated that up to three employees may retire each year. The impact will be approximately $12,000 per year. It is anticipated that the savings from the new Third Party Administrator will offset the possible $12,000 per year cost. Page 2 of 3 Minutes of the Work Session — November 25, 2003 Discuss sales tax options. Mr. Jackson reviewed the options for sales tax elections. He reviewed the memorandum provided to Council concerning possible uses of funds from a sales tax for street maintenance, as follows: • Continue the concrete contract, • Establish a crack -seal program, and • Establish a contractual street rehabilitation and repair program. The proposals enhance current street maintenance services. The enhanced programs are proposed as contractual arrangements, rather than the purchase of equipment and material, due to the requirement that the tax must be renewed each four years. Mayor Alfaro asked that the Council refine the criteria for street selection and options for use of the tax revenue in January and call an election on a street maintenance sales tax on the May 15, 2004 election date. The criteria should be adopted without regard to Council District lines. Council Member Mundinger proposed seeking input from the Street Bond Committee, but withdrew the suggestion after discussion by the Council. Mr. Jackson and Bob Leiper, Assistant City Manager, explained that the PCI for the streets has been established in segments and that the information compiled by FUGRO -BRE would be used by staff to develop plans for the rehabilitation and repair, without the use of outside consultants. The item will be placed on January Council work session agendas for discussion. Discuss appointments. Baytown Industrial Development Corporation Board. Council Member Anderson indicated that he would move the appointment of Tommie Jones, Mercedes Renteria III, Calvin Mundinger, Don Murray, Ronnie Anderson, and Coleman Godwin to the Baytown Industrial Development Corporation Board. Civil Service Commission. Council Member Murray indicated that he would move the confirmation of the City Manager's appointment of Ruben Linares to the Civil Service Commission. Reinvestment Zone Number One, City of Baytown, chairperson. Council Member Mundinger indicated that he would move the reappointment of Don Murray as chairperson of Reinvestment Zone Number One, City of Baytown. Planning and Zoning Commission. Council Member Renteria indicated that he would move the reappointment of Rolando Valdez, Barry Bobbitt, Gilbert Chambers, Lewis McRee and Jim Hutchison to the Planning and Zoning Commission. Page 3 of 3 Minutes of the Work Session — November 25, 2003 Juvenile Crime Enforcement Coalition. Council Member Sheley indicated that he would move the appointment of Jesse Armstrong, Ed David, Randy Rhodes, Clint Holden, Randall B. Strong, Julie Escalante, Lynda Kilgore, Kum Jones, Nicholas Pipken, Mike Wilson, Bob Wooten, Carl Nickell, Lisa Vaughan, Mary Kilgore, Bonnie Parker and Howard Gudgell to the Juvenile Crime Enforcement Coalition. Adjourn. There being no further business, Council Member Mundinger moved adjournment. Council Member Murray seconded the motion. The vote follows: Aye: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley Mayor Alfaro Nay: None. The motion carried and the meeting adjourned at 6:22 p.m. GKry W Smith City Clerk rA MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 11, 2003 The City Council of the City of Baytown, Texas, met in joint work session with the Planning and Zoning Commission on December 11, 2003, at 4:50 p.m. in the Council Chamber of Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Ronnie Anderson Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Absent: Coleman Godwin Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk Council Member Also attending were the following members of the Planning and Zoning Commission: Lewis McRee Chairperson Gilbert Chambers Commissioner Joe C. Floyd Commissioner Jim Hutchison Commissioner Shawn McDonald Commissioner James Pricket Commissioner Rolando Valdez Commissioner Gregory Stubbs Director of Planning and Building Services The meeting was opened with a quorum present after which the following business was conducted: Receive presentation and discuss overview of water and sewer master plan and capital recovery fee process. City Manager, Gory Jackson, introduced the topic to Council and the Commission by stating that the meeting would provide an overview of the process. The Water and Sewer Master Plan is the basis for the capital recovery fees. The discussion will involve the specific steps required to adopt the capital recovery fees. The City wants new development, but the new development should pay its proportionate share of its impact on the water and sewer system. Page 2 of 3 Minutes of the Joint Work Session with Planning and Zoning Commission — December 11, 2003 Dale Conger, PBS&J, the City's consulting engineers, explained that the capital recovery fee is intended to protect existing rate customers from the cost of expanding services to serve the growing community. The capital recovery fees charge new users when they come into the system. They pay for the existing equity and debt service so that they enter the system on a par with existing customers. Mr. Conger reviewed the steps for adoption and explained that the statute governs the process and is explicit. The steps are as follows: • Develop growth projections and land use assumptions (basis for computing the fee), • Develop a capital improvement plan to support the assumption, • Compute the fee, • Appoint an advisory committee (Planning and Zoning Commission), • Establish a date for a public hearing on the capital improvement plan and land use assumptions, • Approve the capital improvement plan within thirty days of the date of the public hearing, • The advisory committee comments on the proposed fees, • A public hearing is held on the impact fees, • Approve the impact fees within thirty days of the public hearing, • Review and update the process, plan and fees each five years, and • The Mayor annually certifies compliance with the procedure. In response to comments and questions from the Council and Commission, Mr. Conger explained that the plan addresses all land uses. There are various ways to calculate the equivalency unit (the base measure for calculating the fee) but many entities have used the size of the meter serving the property. Several of the neighboring cities, including Houston, have adopted impact fees. The impact fee is established at the time the property is platted and collected when the meter is set. The homebuilders pay the fee and add it to the cost of the home. The impact fees that are collected are kept in a separate account and used only for capital expansions of the system. The city's extraterritorial jurisdiction is considered in the plan. There are various options on how to deal with development in the ETJ. The Baytown Area Water Authority was not included in the plan, therefore the impact fee will be lower than in other cities that include capital expansions to the water treatment plant. The Master Plan includes the projects that are necessary for the growth within the next ten years. The plan will include improvements for service beyond the ten -year period. These improvements will be captured in revisions to the impact fee. Mr. Jackson reminded Council that the Master Plan is a part of the overall water and wastewater plan for the city. This plan deals with new development, not current infrastructure. It does not address the inflow and infiltration problems in the present system. It does not address the current capacity problems. The statute provides a method for calculating the maximum impact fee. A lower fee may be adopted. Mr. Conger noted that the collected fees must be used to build the improvements or the fees must be refunded. Page 3 of 3 Minutes of the Joint Work Session with Planning and Zoning Commission — December 11, 2003 rk Adjourn. There being no further business, Council Member Renteria moved adjournment. Council Member Mundinger seconded the motion. The vote follows: Aye: Council Members Anderson, Mundinger, Murray, Renteria and Sheley Mayor Alfaro Nay: None. The motion carried and the meeting adjourned at 5:36 p.m. Gdry W. Smith City Clerk n CD C CD CD � n o Q � � 1 O O n \ 1 w F-�-1 F—i V 1 H� a w Mw N C D d E L d a� `O N U o Z U w �N LL m m N c E y N O� E N D y W 0 U LL LL wa a U m C N d 'O E T W aF N U 0 2 _m Sy LL O .N C V 7 � LL M A a �a