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2004 03 25 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 25, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on March 25, 2004, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was opened with a quorum present and Council Member Godwin led the pledge of allegiance. Mayor Alfaro recognized the high school students present. A moment of silence was observed in honor of Steven Maness, an employee of the Parks and Recreation Department, who passed away the day before, after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on March 11, 2004. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on March 11, 2004. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. Council Member Renteria was not present in the Chamber when the vote was taken. The motion carried. Consider Proposed Ordinance No. 040325 -1, approving an amendment to the professional services contract with SCL Engineering, Inc. for the Texas Avenue Lift Station Project. The original contract included the rehabilitation of both the Texas Avenue and Gulf Coast Lift Stations. Upon completion of the preliminary engineering report, it became evident that the cost of the rehabilitation of both lift stations made the project cost prohibitive at this time. Also, the construction cost to completely replace the Texas Avenue lift station is not much more than the cost of the extensive rehabilitation that was determined to be necessary. Page 2 of 13 Minutes of the Regular Session — March 25, 2004 As a consequence of this finding, we recommend putting the Gulf Coast lift station on hold for now and we recommend changing the scope of work to the design of the replacement of the Texas Avenue lift station. The original contract that Council approved with SCL was in the amount of $75,320. This included $63,120 for basic services, $1,000 for reimbursable expenses, $6,200 for surveying, and $5,000 for environmental services. The proposed contract amendment to add the design for the complete replacement of the Texas Avenue lift station will increase the basic services component by $28,452 and add $4,800 for a geotechnical report. Geotechnical services were not required under the rehabilitation scope of work. The total amount of the proposed increase is $33,252, and the contract is proposed to be increased to $108,572 or by 44 %. This increase is warranted by the increased scope of work. This project will be funded from 2003 and 2004 Certificates of Obligation Bonds. Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9748 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 STANDARD FORM OF AGREEMENT BETWEEN THE CITY OF BAYTOWN AND SCL ENGINEERING, INC., FOR PROFESSIONAL SERVICES FOR THE TEXAS AVENUE LIFT STATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHT THOUSAND FIVE HUNDRED SEVENTY -TWO AND NO /100 DOLLARS ($108,572.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040325 -2, authorizing an amendment to the Engineering Services Agreement with Wayne Smith & Associates, Inc. for the Northeast District Wastewater Treatment Plant Project. The contract amendment outlines a detailed scope of work and associated engineering fees. The engineering services are broken down into tasks. The tasks and fees are as follows: Task 1: Discharge permit application $ 11,090 Task 2: Preliminary engineering report $281,163 Task 3: Final design $518,953 Task 4; Design services during construction $168,057 Task 5: Resident engineering $374,175 Task 6: Additional services $216,691 Task 7: TWDB tier H funding $ 20,245 TOTAL SERVICES: $1,590,374 Page 3of13 Minutes of the Regular Session — March 25, 2004 The fees have been carefully evaluated and they are in line with the standard fee curves for professional engineering services. The total amount for professional services as outlined above is $1,590,374. This project will be funded from 1998, 2002 and 2004 Certificates of Obligation and from Municipal Development District funding. Council Member Godwin moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9749 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 AN AMENDMENT TO THE ELEVENTH AMENDMENT OF THE ENGINEERING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND WAYNE SMITH & ASSOCIATES, INC., FOR THE NORTHEAST DISTRICT WASTEWATER TREATMENT PLANT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF A COST NOT TO EXCEED ONE MILLION FIVE HUNDRED NINETY THOUSAND THREE HUNDRED SEVENTY -FOUR AND N01100 DOLLARS ($1,590,374.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040325 -3, authorizing Change Order No. 2 to the Baytown Community Center Renovation Project Contract. Proposed Ordinance No. 040325 -3 authorizes Change Order No. 2 to the Baytown Community Center Renovation Project Contract with the Spigener Corporation to increase the contract amount by $27,005.54. The original contract amount with Spigener was $1,472,935. Change Order No. 1, replacing rotted wood and windows in the foyer area and adding mechanical system pipe hangers, along with other minor items, amounted to $24,886.56 and was approved administratively, increasing the contract amount to $1,497,821.56. The proposed Change Order No. 2 increases the contract amount to $1,524,827.10. The total of the change orders has increased the contract by 4 %. Change Order 2 will be for the addition of a water heater and associated piping to kitchen near the Tejas Room, relocation of an existing gas line, metal decking replacement, removal of an existing wood door as well as replacement with aluminum storefront doors. Moreover, additional gypsum plaster is necessary for the West Lobby along with miscellaneous plaster changes and repairs in the East Lobby and auditorium. The grills and ductwork for the auditorium need to be modified. Finally, VCT border tiles will also need to be added to the meeting rooms. Change orders are not uncommon in this type of rehabilitation work as unseen problems are discovered. There is the possibility that additional items may be required before the project is complete. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Page 4 of 13 Minutes of the Regular Session — March 25, 2004 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9750 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH SPIGENER CORPORATION FOR THE BAYTOWN COMMUNITY CENTER RENOVATIONS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -SEVEN THOUSAND FIVE AND 54/100 DOLLARS ($27,005.54); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040425 -4, selecting a consultant for the development of the Downtown Master Plan Area I and authorizing the City Manager to execute a contract for consulting services. On February 12, 2004 Council approved the use of CDBG funds to retain a consultant to complete a Downtown Master Plan for Area I (Texas Avenue). Proposals were received from 6 viable consulting firms. The proposals were reviewed by the Consultant Selection Committee, consisting of Councilman Sheley, Councilman Renteria, the City Manager, Planning and Development Services Director, the Vice - Chairman of the Baytown Downtown Association, and the Chairman of the Community Development Advisory Committee. The committee recommended H3 Studio, Inc. of St. Louis, Missouri. Gregory Stubbs, Director of Planning and Building Services, summarized the Committee's recommendation. H3 Studios, Inc. specializes in this type of work, from planning to implementation. They have similar projects that have been successful. They received excellent references. The proposed ordinance selects H3 Studios, Inc. as consultant and authorizes the City Manager to enter into a contract for a cost not to exceed $38,000 with H3 Studios, Inc. under terms and conditions deemed appropriate by the City Manager and the City Attorney. Council Member Renteria moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 5 of 13 Minutes of the Regular Session — March 25, 2004 ORDINANCE NO. 9751 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SELECTING H3 STUDIO, INC., AS THE CONSULTANT FOR THE DEVELOPMENT OF THE DOWNTOWN MASTER PLAN AREA I; AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT FOR CONSULTING SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF A SUM NOT TO EXCEED THIRTY -EIGHT THOUSAND AND N01100 DOLLARS (538,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Resolution No. 040325 -1, granting a petition for annexation submitted by Hunter's Creek Baytown Ltd. and authorizing preparation of a service plan. Proposed Resolution No. 040325 -1 grants a petition for annexation submitted by Hunter's Creek Baytown Ltd. to annex a 71.570 -acre tract of land in the William Bloodgood Survey, A-4 and the J. P. Sjolander Survey, A -1644, located south of Needlepoint Road and east of Landmark Estates in Harris County, Texas. Additionally, the proposed annexation will include that portion of Needlepoint Road that is adjacent to Hunter's Creek property. The property is proposed for development as a subdivision. The proposed resolution directs staff to prepare a service plan for the proposed annexation and to schedule the necessary public hearings. Council Member Mundinger moved adoption of the proposed resolution. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1638 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF HUNTER'S CREEK BAYTOWN, LTD., CONCERNING THE ANNEXATION OF A 71.570 ACRE TRACT OF LAND IN THE WILLIAM BLOODGOOD SURVEY, A4, AND THE J.P. SJOLANDER SURVEY, A -1644, LOCATED SOUTH OF NEEDLEPOINT ROAD AND EAST OF LANDMARK ESTATES IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 030325 -2, denying the requests of Artisan /American Corp. H.C. Crosby, L.P., for exemption from ad valorem taxation for the construction or rehabilitation of low- income at 1511 W. Texas Avenue, 7100 Bayway Drive, 1490 Kilgore Road and North Main Street and Crosby Cedar Bayou, south of I -10. Pursuant to Section 11.1825 of the Texas Tax Code, an organization is entitled to an exemption from ad valorem taxation of real property owned by the organization that the organization constructs or rehabilitates and uses to provide housing to individuals or families meeting certain income eligibility requirements. However, such exemption is not automatic, for the organization must request a tax exemption from the governing bodies of each affected taxing unit. Page 6 of 13 Minutes of the Regular Session — March 25, 2004 Council Member Mundinger moved adoption of the proposed resolution. 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. 1639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DENYING THE REQUESTS OF ARTISAN /AMERICAN CORP., AND H.C. CROSBY, L.P., FOR AN EXEMPTION FROM AD VALOREM TAXATION PURSUANT TO SECTION 11.1825 OF THE TEXAS TAX CODE CONCERNING THE CONSTRUCTION OR REHABILITATION OF LOW - INCOME HOUSING AT 1511 W. TEXAS AVENUE; DIRECTING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION TO OPPOSE AND DENY THE APPLICATIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Resolution No. 040325 -3, authorizing the reimbursement for projects scheduled to begin prior to the issuance of bonds. State law requires cities to have the funds available at the time the contract is let. This project addresses Texas Commission on Environmental Quality issues or health and public welfare and is scheduled for design and construction this summer. Certificates of obligation will be issued in the fall. The following project is planned: Description Estimated Cost Northeast Wastewater Treatment Plant Consulting Services $1,600,000 Council Member Anderson moved adoption of the proposed resolution. Council Member Mundinger 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. 1640 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTANING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7of13 Minutes of the Regular Session — March 25, 2004 Consider approving plans and specifications for the Police Academy building and the Emergency Operations Center and authorizing advertisement for bids. The scope of work includes the construction of a 6,100 square foot structure for the EOC using reinforced concrete block construction and a 12,600 square foot Police Academy using pre - engineered metal building frame and roof with masonry veneer. In addition, this contract will include all site work and infrastructure construction, such as paving operations, storm, sanitary, and water lines. The estimated construction cost for the EOC is $1,217,500 and $1,365,200 for the Police Academy. Two add alternates (an additional classroom and finishing the gymnasium and weight room) will be bid for the Police Academy at an estimated additional cost of $208,631.20. The total budget, which includes both professional services and construction costs, is $1,446,810 for the EOC and $1,495,110 for the Police Academy. Federal Grants will fund the EOC while the Police Academy will be funded through the CCPD Construction Fund. Council Member Anderson moved approval of plans and specifications for the Police Academy building and the Emergency Operations Center and authorization for advertisement for bids. Council Member Mundinger seconded the motion. City Manager Jackson commended Police Chief Byron Jones and Interim Fire Chief Shon Blake and their staffs, and the Police Academy Advisory Board, especially Bob Merchant, for their hard work and cooperation on this project. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider approving plans and specifications for the 2001 Street Bond Project Phase II and authorizing advertisement for bids. The scope of work includes the reconstruction of existing streets with new reinforced concrete pavement and some utility work within the right -of -way. This will entail some reconstruction and replacement of the affected sanitary sewer lines, water lines, and storm sewers. The streets included in Phase H are North Burnet Drive from South Burnet to Rollingwood Drive and South Pruett Street from West Main Street to West Texas Avenue. The total distance of street replacement on North Burnet Drive is approximately 4,500 linear feet and 5,800 feet for South Pruett Street. The estimated construction cost is $2,000,000 for S. Pruett and S 1,100,000 for N. Burnet for a total of $3,100,000. The construction duration for this project is 300 calendar days. The project will be funded by the 2002 General Obligation Bonds. Council Member Mundinger moved approval of plans and specifications for the 2001 Street Bond Project Phase II and authorization for advertisement for bids. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. ' Mayor Alfaro. Nays: None. The motion carried. Page8of13 Minutes of the Regular Session — March 25, 2004 Discuss proposed adoption of 2003 International Codes. Chief Building Official Kevin Byal identified the most significant changes that took place during the last code review cycle. Those include but are not limited to, acceptance of new building technology, enhancement of public safety, elimination of requirements found to lead to problems in buildings or their systems, and furtherance of the goals and objectives stated in the codes. Mr. Byal noted that the Existing Building Code helps with refurbishing existing buildings and "grandfathers" others, if they were installed in accordance with a valid code and are still safe. He said that after a close review of the codes, modifications were made to improve the codes, and the codes were clarified in accordance with new building technologies. He related that the Existing Building Code also contains a chapter for historic buildings. The cost involved is in the purchase of the Codes; no new staff will be required. The flexibility of the new codes improves the fiscal impact on builders and developers. Council Member Anderson commended Mr. Byal and is staff for this positive feedback. Discuss Tropical Storm Allison Recovery Project (TSARP) Project Flood Hazard Recovery Data and its influence on Goose Creek and Spring Gully. Chief Building Official Kevin Byal informed Council that TSARP is a joint effort between Harris County Flood Control and the Federal Emergency Management Agency. He said that all watersheds had been restudied in the County and new topography data that had been mapped with new technology had been released. Mr. Byal explained that in the maps published, the red area denoted the existing 100 -year floodplain, the green area designated the new 500 -year floodplain, and the yellow area represented the new 100 -year floodplain. He said that Harris County's plans to control flooding within Goose Creek would remove some of the areas from the floodplain designations. He added that this will require a later variation in the maps and noted that only the maps for Goose Creek and Spring Creek had so far been released. Consent Agenda a. Proposed Ordinance No. 040325 -5 awards the housing reconstruction project located at 805 S. Pruett to J &R Interests in the amount of $40,000. The existing house requires a new roof, lead abatement, major electrical and plumbing upgrades, widening of interior door frames, foundation leveling, and replacement of with numerous rotten structural members, exterior windows and doors. The extensive rehabilitation work to bring the house into current code compliance exceeds our rehabilitation limits of $25,000. The house will be reconstructed with a three bedroom, one bath, 1,050 square foot home. This house will include installation of 36" doors, as required by the Americans with Disabilities Act.Notices for this project were published in the Baytown Sun and mailed to thirty-eight contractors on our approved mailing list. Also, a notice was posted with Construction Data, which is delivered to over 600 Houston Area contractors. Six bid packages were picked up and five contractors attended the mandatory pre -bid meeting. Two sealed bids and one no bid form were received. The lowest bidder is J & R Interests for the total amount of $40,000. This project will be funded by Community Development Block Grant funds. Page 9 of 13 Minutes of the Regular Session — March 25, 2004 b. Proposed Ordinance No. 040325 -6 awards the housing reconstruction project located at 1305 Magnolia St. to J &R Interests in the amount of $40,000. The existing house requires a room addition; it is 488 square feet with a family of five. It also needs a new roof, major electrical and plumbing upgrades, widening of interior door frames, foundation leveling, and replacement of with numerous rotten structural members, exterior windows and doors. The extensive rehabilitation work to bring the house into current code compliance exceeds our rehabilitation limits of $25,000. The house will be reconstructed with a three bedroom, one bath, 1,050 square foot home. This house will include installation of 36" doors, as required by the Americans with Disabilities Act. Notices for this project were published in the Baytown Sun and mailed to thirty - eight contractors on our approved mailing list. Also, a notice was posted with Construction Data, which is delivered to over 600 Houston Area contractors. Six bid packages were picked up and five contractors attended the mandatory pre -bid meeting. Two sealed bids and one no bid form were received. The lowest bidder is J & R Interests for the total amount of $40,000. This project will be funded by Community Development Block Grant funds. C. Proposed Ordinance No. 040325 -7 awards the housing reconstruction project located at 1301 Cypress St. to Swanson Interior Design in the amount of $41,500. The existing house requires a new roof, major electrical and plumbing upgrades, central heating, widening of interior door frames, foundation leveling, and replacement of sub -floor along with numerous rotten structural members, exterior windows and doors. The extensive rehabilitation work to bring the house into current code compliance exceeds our rehabilitation limits of $25,000. The house will be reconstructed with a three bedroom, one bath, 1,050 square foot home. This house will include installation of 36" doors, as required by the Americans with Disabilities Act. Notices for this project were published in the Baytown Sun and mailed to thirty-eight contractors on our approved mailing list. Also, a notice was posted with Construction Data, which is delivered to over 600 Houston Area contractors. Six bid packages were picked up and five contractors attended the mandatory pre -bid meeting. Two sealed bids and one no bid form were received. The lowest bidder is Swanson Interior Design for the total amount of $41,500. This project will be funded by Community Development Block Grant funds. d. Proposed Ordinance No. 040325 -8 awards the annual repair clamp contract to Municipal Pipe and Fabrication in the amount of $53,475.17. Invitations to bid were mailed to three suppliers and three bids were received. This year's contract is a 9% decrease from last year's contract due to reduced quantities. Quantities have been adjusted to reflect previous year's usage. This contract will be used by the Public Utilities Department for water and sewer rehabilitation projects. This project will be funded by the Water Distribution System. e. Proposed Ordinance No. 040325 -9 awards the bid to rebuild the Central District Wastewater Treatment Plant belt filter press to Ashbrook Corporation in the amount of $48,995. Invitations to bid were mailed to five (5) bidders and we received three (3) responses. Ashbrook will perform turnkey job to rebuild the Central District Wastewater Treatment Plant belt filter press, Klampress Type 85 Size 2 (1.5 meter), per specifications. This project will be funded by the Wastewater Treatment/Machinery & Equipment. Page 10 of 13 Minutes of the Regular Session — March 25, 2004 Council Member Renteria moved adoption of the consent agenda, items a through e. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9752 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 04 -09 TO J & R INTERESTS FOR THE SUM OF FORTY THOUSAND AND NO /100 DOLLARS ($40,000.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9753 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 04 -10 TO J & R INTERESTS FOR THE SUM OF FORTY THOUSAND AND NO /100 DOLLARS ($40,000.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9754 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 04 -11 TO SWANSON INTERIOR DESIGN FOR THE SUM OF FORTY -ONE THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($41,500.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9755 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MUNICIPAL PIPE AND FAB FOR THE ANNUAL REPAIR CLAMP CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY -THREE THOUSAND FOUR HUNDRED SEVENTY -FIVE AND 17/100 DOLLARS ($53,475.17); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9756 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ASHBROOK CORPORATION FOR REBUILD OF THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT BELT FILTER PRESS AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -EIGHT THOUSAND NINE HUNDRED NINETY -FIVE AND NO /100 DOLLARS ($48,995.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 11 of 13 Minutes of the Regular Session — March 25, 2004 Consider appointing Interim/Municipal Court Judge and/or Interim/Associate Municipal Court Judge(s). Option 1: Appointment Municipal Court Judge and Associate Municipal Court Judge(s); or Option 2: Appoint a full -time Municipal Court Judge and Associate Municipal Court Judges; or Option 3: Adopt Resolution No. 040325 -4 rejecting the reappointment of the incumbent judges and appointing an Interim Municipal Court Judge and Interim Associate Municipal Court Judges. Mayor Alfaro announced that Randall Strong had submitted his resignation as Associate Municipal Judge due to personal reasons. After discussion regarding the above options, the possibility of hiring a full -time Municipal Judge; the fact that if no action is taken within 90 days after the appointment had expired (January 31, 2004), it is deemed that the judge is appointed to another two -year term; the need for the completion of a study of the necessity for a full -time judge; the ability of the Court to perfonn under current conditions; the possibility of making an interim appointment; the effect the reappointment of Larry Bailey would have on the status of his administrative leave; and the fact that a federal lawsuit is still pending against him, Council Member Sheley moved approval of the proposed resolution under Option 3, with Andy Helms appointed interim Municipal Court Judge with a term beginning on March 25, 2004 through the sooner of October 1, 2004 or the date Council appoints a Municipal Court Judge and with Kelly Benavides and Lang Bailey appointed interim Associate Judges, with terms beginning on March 25, 2004 through the sooner of October 1, 2004 or the date Council appoints an Associate Municipal Court Judge, with Larry Bailey remaining on administrative leave handling the jail docket. Council Member Murray seconded the motion. Mayor Alfaro stated that Lary Bailey would not accept the appointment as interim Associate Municipal Court Judge. Council Member Sheley withdrew his motion. Council Member Murray withdrew his second. Council Member Mundinger moved the following: That Larry Bailey be appointed Interim Municipal Court Judge for the period beginning March 25, 2004, through the earlier of (i) October 1, 2004, or (ii) the date the City Council appoints a Municipal Court Judge, contingent upon his remaining on administrative leave with pay until further notice by the City Council or until October 1, 2004, whichever occurs first. While on administrative leave, Larry Bailey shall not report to the Baytown Municipal Court facility for any purpose; shall, when appropriate during the week and on weekends, issue warrants, take pleas of prisoners, give magistrate warnings and perform other duties of the Interim Municipal Court Judge as needed; and shall perform other duties as requested. That Andy Helms and Kelly Benavides be appointed as Interim Associate Municipal Court Judges for the period beginning March 25, 2004, through the earlier of (i) October 1, 2004, or (ii) the date the City Council appoints an Associate Municipal Court Judge. Page 12 of 13 Minutes of the Regular Session — March 25, 2004 All appointments are contingent upon each person so appointed signing a Contract for Professional Judicial Services with the City. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1641 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TERMINATING THE RIGHTS OF THE INCUMBENT MUNICIPAL COURT JUDGE, THE INCUMBENT ASSOCIATE MUNICIPAL COURT JUDGE AND THE INCUMBENT INTERIM ASSOCIATE MUNICIPAL COURT JUDGES TO CONTINUE TO SERVE ANOTHER TERM OF OFFICE BY REJECTING THEIR REAPPOINTMENTS; APPOINTING AN INTERIM MUNICIPAL COURT JUDGE AND INTERIM ASSOCIATE MUNICIPAL COURT JUDGES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Review a PowerPoint Presentation that may serve as a public education program for the upcoming Street Maintenance Sales Tax Election. Assistant City Manager Leiper distributed a PowerPoint Presentation to Council. City Manager Jackson asked for comment and suggestions. He advised Council that while the City may educate, it may not advocate any forum and urged caution in the message and activities of City employees and use of City equipment. City Manager's Report. City Manager Jackson informed Council that the City had once again been the recipient of the Distinguished Budget Presentation Award from the Government Finance Officers Association. He recognized City Council and staff for their contributions in this achievement. Mr. Jackson reminded Council that the April 8, 2004 Special City Council Meeting would be held at 4:30 p.m. Mr. Jackson commended Police Captain Cook regarding a bomb scare and commended the Police Department in its response to the recent incident in the Lakewood area on Red Bud Lane. Page 13 of 13 Minutes of the Regular Session — March 25, 2004 00� Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 8:38 p.m. lu/ / n Gan/W. %mitt City Clerk