2004 04 08 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 8, 2004 4:30 p.m. The City Council of the City of Baytown, Texas, met in special session on April 8, 2004, at 4:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray 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 Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was opened with a quorum present and Council Member Anderson 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 March 25, 2004. Council Member Anderson moved approval of the minutes of the work session and regular meeting held on March 25, 2004. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider Proposed Ordinance No. 040408 -1, the first reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 7.519 -acre tract of land in the E. T. Schaffer Survey, Abstract No. 1224 and the Harvey Whiting Survey, Abstract No. 840, being part of Lot 11 and Lot 12, Block 21 of Highland Farms Subdivision and part of Lot 26, and all of Lots 27, 28, and 29 of Block 7 of the East End Addition to Highland Farms in Harris County, Texas. Am -Mex Restaurant, Inc., the owner of the property, petitioned for annexation and proposes to develop the tract as a restaurant. At its meeting on February 12, 2004, City Council approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on March 11, 2004. The final reading may not be held until 30 days after the publication of the first reading of the ordinance and will be scheduled for May 27, 2004. Page 2 of 24 Minutes of the Special Session — April 8, 2004 Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9757 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 7.5194 ACRE TRACT OF LAND IN THE ED T. SCHAFFER SURVEY (W.C.R.R.), ABSTRACT NO. 1224 OUT OF THAT CERTAIN CALLED 63.1918 ACRE TRACT OF LAND AND BEING PART OF LOTS 11, 12 AND 26 AND ALL OF LOTS 27, 28 AND 29, BLOCK 21 OF HIGHLAND FARMS ADDITION, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 040408 -2, the first reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 57.2 -acre tract of land in the William Bloodgood League, Abstract No. 4 in Harris County, Texas, south of Interstate Highway No. 10, west of Cedar Bayou, and east of and adjacent to the railroad right -of -way. The property is located south of Interstate Highway No. 10, west of Cedar Bayou, and east of and adjacent to the railroad right -of -way. The City of Baytown owns the property and proposes to develop the tract as the Northeast Wastewater Treatment Plant. At its meeting on February 12, 2004, City Council approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on March 11, 2004. The final reading may not be held until 30 days after the publication of the first reading of the ordinance and will be scheduled for May 27, 2004. Council Member Sheley moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 3 of 24 Minutes of the Special Session — April 8, 2004 ORDINANCE NO. 9758 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF 57.2011 ACRES OF LAND IN THE WM. BLOODGOOD LEAGUE, ABSTRACT NUMBER 4, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 040408 -3, authorizing an Industrial District Agreement with First Chemical Texas, L.P. Proposed Ordinance No. 040408 -3 authorizes an Industrial District Agreement with First Chemical Texas, L.P. for a seven -year period. The first payment pursuant to this agreement will be for the tax year 2004, as its prior agreement with the City expired on February 12, 2004. Because the 2003 values, which are the value most recently certified and/or approved as of the date of the agreement, 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, 2003, in the City's industrial districts. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9759 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 FIRST CHEMICAL TEXAS, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 4 of 24 Minutes of the Special Session — April 8, 2004 Consider Proposed Ordinance No. 0404084, amending Chapter 18 "Buildings and Building Regulations," Article II "Building Construction Standards," Division 3 "Building Code," Section 18 -91 "Adopted," Section 18 -92 "Amendments," and Section 18 -95(a) "Drainage Requirements for Nonresidential Developments "; Division 4 "Building and Development Permits," Section 18- 126 "Survey or Site Plan Required," Section 18 -127 "Building Permit Fee Schedule," Subsection (a); and Section 18 -129 "Demolition," Subsection (b)(9); Article III, "Electrical Code," Division 3 "Electrical Inspector," Section 18 -216 "Duties," Subsection (b); Division 4 "Permits and Inspections," Section 18 -252 "Work Requiring Permit "; Article IV, "Plumbing Code," Section 18 -461 "Adopted," Subsection (a); Article V "Mechanical Code," Division 3 "Standards," Section 18 -556 "Code Adopted," Subsection (a); Article VI "International Fuel Gas Code," Division 2 "Standards," Section 18 -622 "Code Adopted," Subsection (a); Article VII "International Property Maintenance Code," Division 2 "Standards," Section 18 -625 "Code Adopted," Subsection (a); Article VIII "International Energy Conservation Code," Division 2 "Standards," Section 18 -628 "Code Adopted," Subsection (A); and Article IX "Minimum Property Standards," Division 2 "Standards," Section 18 -651 "Residential Code Adopted," Subsection (a) of the Code of Ordinances, Baytown, Texas; and adding a new article to be numbered and entitled Article IX %: "International Existing Building Code" to Chapter 18 "Buildings and Building Regulations" of the Code of Ordinances, Baytown, Texas; Repealing Chapter 18 `Buildings and Building Regulations," Article VIII "International Energy Conservation Code," Division 2 "Standards," Section 18 -629 "Amendments" of the Code of Ordinances, Baytown, Texas. Proposed Ordinance No. 040408 -4 repeals the existing 2000 International Building, Energy Conservation, Fire, Fuel Gas, Mechanical, Plumbing and Property Maintenance codes and adopts the 2003 edition of the International Building Code (IBC) International Energy Conservation Code (IECC), International Fire Code (IFC), International Fuel Gas Code (IFGC) International Mechanical Code (IMC), International Plumbing Code (IPC) International Property Maintenance Code (IPMC) and the 2003 edition of the International Existing Building Code. The International Codes have provided uniformity of instruction across the Nation. The proposed ordinance also provides for the addition of the new "International Existing Building Code." It is founded on the provisions that were once contained within the Building Code. This addition will provide for added flexibility when dealing with existing buildings, which may reduce the renovation or repair costs. The only expense to the City is the purchase of new Code manuals for the City staff. The change to these updated codes was discussed at the Council work session on March 25, 2004. Council Member Renteria arrived at 4:35 p.m. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. 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Consider Proposed Ordinance No. 040408 -6, awarding a construction contract for the Craigmont Subdivision Sanitary Sewer Rehabilitation Phase II. Proposed Ordinance No. 040408 -6 awards the construction contract in the amount of $619,167.50 to Horseshoe Construction, Inc. for the Craigmont Sanitary Sewer Rehabilitation Phase II project. The scope of work includes rehabilitation work primarily using the pipe bursting method, but will also include some removal and replacement by open trench methods as needed. The total base bid for this project, which includes 11,910 linear feet of eight -inch HDPE pipe bursting, is $534,097.50. An alternate bid item for an additional 2440 linear feet of pipe bursting is in the amount of $85,070. Therefore, the total construction cost for this project is $619,167.50, which is well below the construction estimate of $850,000 that included a 10% contingency. This project was designed in- house and is necessary to alleviate sanitary sewer overflow problems within the subdivision. The construction duration for this project is 120 calendar days and will be funded by 2004 Certificates of Obligation Bonds. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9762 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 HORSESHOE CONSTRUCTION, INC., FOR THE CRAIGMONT SUBDIVISION SANITARY SEWER REHABILITATION PHASE II PROJECT; AUTHORIZING PAYMENT OF THE SUM OF SIX HUNDRED NINETEEN THOUSAND ONE HUNDRED SIXTY -SEVEN AND 50 1100 DOLLARS ($619,167.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 24 Minutes of the Special Session — April 8, 2004 Consider Proposed Ordinance No. 040408 -7, awarding a contract for professional services with de Oplossing, Inc. for construction management services on the new Police Academy. Proposed Ordinance No. 040408 -7 awards a professional services contract in the amount of $39,102 for construction management services during the Police Academy Project to de Oplossing, Inc. Compensation for providing construction management services will be for a total fee of not to exceed $39,102. The total compensation includes a reimbursable budget up to $1,862 and the basic services component is $37,240. This work is necessary to ensure quality assurance and quality control during the constructions project. The scope of work includes construction inspection and surveillance to ensure compliance with the plans and specifications. It also includes implementation of project controls such as review of pay requests and documentation of project progress. If necessary, de Oplossing, Inc. will also perform change order review to also include project closeout monitoring. This project will be funded by CCPD Construction Funds. Consider Proposed Ordinance No. 040408 -8, awarding a contract for professional services with de Oplossing, Inc. for construction management services on the new Emergency Operations Center. Proposed Ordinance No. 040408 -8 awards a professional services contract in the amount of $49,875 for construction management services during the Emergency Operations Center (EOC) Project to de Oplossing, Inc. Compensation for providing construction management services will be for a total fee of not to exceed $49,875. The total compensation includes a reimbursable budget up to $2,375 and the basic services component is $47,500. This work is necessary to ensure quality assurance and quality control during the constructions project. The scope of work includes construction inspection and surveillance to ensure compliance with the plans and specifications. It also includes implementation of project controls such as review of pay requests and documentation of project progress. If necessary, de Oplossing, Inc. will also perform change order review to also include project closeout monitoring. This project will be funded by HUD/EDI Federal Grants. Council Member Renteria moved adoption of Proposed Ordinances 040408 -7 and 040408 -8. Council Member Sheley seconded the motion. In response to a question regarding the inspection process throughout the project, City Manager Jackson responded that inspections will be done by the contractor and the City's inspectors. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9763 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 DE OPLOSSING, INC., TO PERFORM CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF THE BAYTOWN POLICE ACADEMY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY -NINE THOUSAND ONE HUNDRED TWO AND N01100 DOLLARS ($39,102.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8 of 24 Minutes of the Special Session — April 8, 2004 ORDINANCE NO. 9764 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 DE OPLOSSING, INC., TO PERFORM CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF THE BAYTOWN EMERGENCY OPERATIONS CENTER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY -NINE THOUSAND EIGHT HUNDRED SEVENTY -FIVE AND N01100 DOLLARS ($49,875.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040408 -9, approving a professional services contract for the Goose Creek Lift Station Evaluation Project. Consider proposed Ordinance No. 040408 -9 approves a professional services contract in the amount of $48,888 to Lockwood, Andrews, & Newnam, Inc. for the investigation and evaluation of the Goose Creek Lift Station. Compensation for both basic and additional services will not exceed $48,888. Compensation for basic services, which includes preliminary engineering, will not exceed the amount of $29,718. The project's reimbursable expenses shall not exceed $682, while the surveying charges will be $3,080. This project is being funded by the Texas Water Development Board (TWDB) and as such will have additional fees not to exceed $15,408 for the preparation of the Engineering component of the TWDB Loan. The TWDB component includes extensive coordination efforts to include the following tasks: 1. Project Management, 2. Environmental Impact Investigation, 3. Engineering Feasibility Report, 4. Addressing TWDB Review Comments, and 5. Coordination Meetings. The design scope of work for basic services includes the investigation and evaluation of the structural, hydraulic, electrical systems, and influent stream analysis of the Goose Creek Lift Station. Preliminary engineering for this project will consist of verifying and confirming influent line flows, and capacity of the lift station. The report will also include recommendations on rehabilitation methods including pump size and type as well as detailed opinions of probable cost for each proposed rehabilitation method. This project will be funded by TWDB funds. Council Member Murray moved adoption of the proposed ordinance. 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. Page 9 of 24 Minutes of the Special Session — April 8, 2004 ORDINANCE NO. 9765 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH LOCKWOOD, ANDREWS & NEWNAM, INC., TO PERFORM PRELIMINARY ENGINEERING SERVICES FOR THE INVESTIGATION AND EVALUATION OF THE GOOSE CREEK LIFT STATION; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY -EIGHT THOUSAND EIGHT HUNDRED EIGHTY -EIGHT AND NO 1100 DOLLARS ($48,888.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040408 -10, approving a new pipeline application permit for Invista, Inc. Proposed Ordinance No. 040408 -10 approves a pipeline permit application for INVISTA, INC. to install a 12 -inch petroleum pipeline in an existing pipeline corridor within both the city limits and the Extra - territorial jurisdiction (ETJ). The pipeline will cross the following streets: Bayway Drive Park Street Ashby Street North Street Emmett Hutto Blvd. Garth Road Sjolander Road Baker Road Cedar -Bayou Lynchburg Road North Main Street Barkuloo Road Archer Road Crosby Cedar Bayou Road The proposed pipeline will be used to transport petroleum products to include Acetylene from the Chevron Cedar Bayou Plant at IH -10 to the INVISTA/Dupont Plant at LaPorte. The pipeline will include a maximum operating pressure of 1529 PSI, a minimum test pressure of 2294 PSI, and have a minimum yield strength of 52,000 PSI. The carrier pipe has an outside diameter of 12.750 inches and a wall thickness of 0.375- inches. The pipe will include 12 -14 mils fusion bond epoxy coating and be API 5L X 52 ERW type. As an intrastate system, the Texas Railroad Commission will regulate the pipeline. All design, materials, and construction shall comply with all applicable codes and standards. Council Member Renteria moved adoption of the proposed ordinance. 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. ORDINANCE NO. 9766 AN ORDINANCE APPROVING THE APPLICATION OF INVISTA, INC., FOR A NEW PIPELINE TO BE CONSTRUCTED WITHIN THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE A PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 24 Minutes of the Special Session — April 8, 2004 Consider Proposed Ordinance No. 040408 -11, awarding a construction contract for the construction of the Baytown Nature Center Entryway project. Proposed Ordinance No. 040408 -11 awards a construction contract in the amount of $549,309.90 to D &W Contractors, Inc. for the Baytown Nature Center Entryway Project. Council approved plans and specifications and authorized advertising for bids at the October 23, 2003 Council meeting. Bids were rejected at the December 11, 2003 Council meeting and staff was again authorized to advertise for bids. Bids were opened at 10:00 AM on Tuesday, March 30, 2004. We received one bid, that low base bid being $516,759.90. This bid is below the project estimate and budget of $537,000. Additionally, add alternates three ($11,000 for landscaping) and four ($21,550 for a gazebo) are recommended for award, bringing the contract total to $549,309.90. The additional $12,309.90 in funding will come from the Nature Center Donations Account. Five general contractors attended the pre -bid conference held on March 23, 2004. Our consultant, Chip Perry of Halff Associates, Inc. has reviewed the bid and recommends we award a construction contract to D &W Contractors, Inc. The project includes the construction of a new entry from Bayway Drive into the Baytown Nature Center to include approximately 4,500 linear feet by 11 feet wide of new roadway, a 14 space parking lot, a restroom and guard station facility, gated entry, fencing and a water feature along the entry. A '/4 acre pond is also planned for the project. Construction is expected to begin in May with completion in September, taking approximately 120 calendar days. Council Member Anderson 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. 9767 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 AND W CONTRACTORS, INC., FOR THE BAYTOWN NATURE CENTER ENTRYWAY PROJECT; AUTHORIZING PAYMENT OF THE SUM OF FIVE HUNDRED FORTY -NINE THOUSAND THREE HUNDRED NINE AND 901100 DOLLARS ($549,309.90); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 11 of 24 Minutes of the Special Session — April 8, 2004 Consider Proposed Ordinance No. 040408 -12, approving an interlocal agreement with Harris County, Texas for the supply of election equipment and other services for the May 15, 2004 election. Proposed Ordinance No. 040408 -12 approves an interlocal agreement with Harris County, Texas to provide the eSlate election equipment for use in the May 15, 2004 election. The services provided by the County under the agreement includes the rental of the equipment, training of election officials and technical personnel, delivery of the equipment, mandated testing of the equipment, preparation of the ballots for use with the equipment and the provision of ballots for early voting by mail. The amount to be paid to Harris County is currently estimated to be $7,377.30. A deposit of $4,426.38 was required. Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9768 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY, TEXAS, FOR THE SUPPLY OF ELECTION EQUIPMENT AND OTHER SERVICES FOR THE MAY 15, 2004 ELECTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040408 -13, authorizing an Assignment of the Tax Abatement Agreement for Certain Taxable Property located in the Elastomers Reinvestment Zone and the Enichem Reinvestment Zone to LCY Elastomers L.P. On July 12, 2001, the City Council authorized the tax abatement agreement with Polimeri Europa Americas, Inc., f/k/a Enichem Americas, Inc. ( "PEA "). Effective as of January 30, 2004, LCY acquired certain assets of PEA including its facility, which is subject to the City's tax abatement agreement with PEA. LCY and PEA have requested that the tax abatement agreement be assigned to LCY. As consideration for the City granting the assignment, LCY has agreed to assume all obligations and liabilities under the agreement accruing prior to and after the date of the effective date of the assignment. The abatement agreement runs until December 30, 2005. The abated amount is 75% in 2004 and 50% in 2005. Chip Toomey and Jeff Brown declined to speak to this item when given the opportunity. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Page 12 of 24 Minutes of the Special Session — April 8, 2004 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9769 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE ASSIGNMENT OF THE TAX ABATEMENT AGREEMENT FOR CERTAIN TAXABLE PROPERTY LOCATED IN THE ELASTOMERS REINVESTMENT ZONE AND THE ENICHEM REINVESTMENT ZONE WITH POLIMERI EUROPA AMERICAS, INC., F/K/A ENICHEM AMERICAS, INC., TO LCY ELASTOMERS L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040408 -14, continuing the engagement of Bettye Lynn of Lynn Pham Moore & Ross, P.C., for legal services in connection with the appeal of lawsuit pertaining to firefighter longevity pay. Proposed Ordinance No. 040408 -14 continues the engagement of Bettye Lynn of Lynn Pham Moore & Ross, P.C., for the performance of legal services in connection with Cause No. 2001 - 624939; Keith Lowell, et al. v. City of Baytown, the lawsuit filed on behalf of certain firefighters against the City of Baytown regarding firefighter longevity pay. Ms. Lynn was successful in her arguments and motions before the district court, as the case against the City was dismissed on February 15, 2004. On March 11, 2004, the firefighters filed a motion for new trial arguing that the district court erred in its ruling that the City was immune from suit based upon the doctrine of sovereign immunity. So far for this case, the City Council has authorized $85,000, plus expenses for legal services associated with this suit. However, since a new trial is requested, Ms. Lynn projects that another $15,000 will be necessary for the initial and reply brief and the preparation and presentation of oral arguments on the motion for new trial and for an appellate brief, if necessary. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. When asked if assistance might be available from the Texas Municipal League, City Attorney Ramirez informed Council that TML does not assist cities with lawsuits involving back wages. Mr. Ramirez stated that the recovery of attorney's fees is at the discretion of the presiding judge. It was noted that the amount of back pay involved in the litigation is between $400,000 and $500,000. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 13 of 24 Minutes of the Special Session — April 8, 2004 ORDINANCE NO. 9770 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINUING THE ENGAGEMENT OF BETTYE LYNN OF LYNN PHAM MOORE & ROSS, P.C., FOR THE PERFORMANCE OF LEGAL SERVICES IN CONNECTION WITH THE LAWSUIT FILED ON BEHALF OF CERTAIN FIREFIGHTERS AGAINST THE CITY OF BAYTOWN REGARDING FIREFIGHTER LONGEVITY PAY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040408 -15, authorizing a Long -term Maintenance Agreement with the East Little League, Inc., for property adjacent to Ward Road. Proposed Ordinance No. 040408 -15 authorizes a Long -term Maintenance Agreement (the "Agreement ") with the East Little League, Inc., (the "League ") for property adjacent to Ward Road (the "Property"). The Agreement grants the League exclusive use of certain portions of the Property for youth baseball activities associated with the purposes of the League and non - exclusive use of the remainder of the Property. The Agreement is for a term of 25 years and imposes the following requirements on the League: ➢ to obtain the City's approval of any expansion or modification, other than routine maintenance, of the Property; ➢ to relocate its facilities when required by the City; ➢ to be responsible for year -round maintenance of the Property to the enumerated standards; ➢ to bring the facility up to the current codes of the City of Baytown within three years; ➢ to assume any and all liability that may arise due to defects relating to the Property; ➢ to assume the Property in an "as is" condition; ➢ to pay all electrical, telephone and other utility costs; and ➢ to maintain certain levels of insurance and to indemnify the City. The Agreement is contingent upon approval by the City Council and the acquisition of the Ward Road Property. The contract was discussed at the Parks Board meeting on July 1, 2003 and was recommended by the Board on July 15, 2003. The League was first notified on July 21" that the contract was ready for signature. After a change in League Board membership in 2003, a signed contract was delivered to the City on March 22, 2004. Consider Proposed Ordinance No. 040408 -16, authorizing an earnest money contract with the Diocese Of Galveston- Houston and the Scanlan Foundation for the purchase of 15 acres along Ward Road. Proposed Ordinance No. 040408 -16 authorizes an earnest money contract with the Diocese of Galveston- Houston and the Scanlan Foundation for the purchase of 15 acres along Ward Road for the development of new baseball fields. This has been a long -tern project, whereby the City (i) for over a year was involved in discussions with the property owners to no avail to acquire the property and (ii) thereafter for approximately eight months was involved in negotiating a long -term maintenance agreement with the East Little League. Page 14 of 24 Minutes of the Special Session — April 8, 2004 Since the Little League has agreed to a long -term maintenance agreement, the City, in accordance with the wishes previously expressed by the City Council, shall submit an earnest money contract to the owners of the property for the property's appraised value. This proposed ordinance approves the earnest money contract to be submitted. Pursuant to the contract, the City will offer to purchase the property for $140,000, which is the property's appraised value, which is less than the $260,000 being sought by the Scanlan Foundation for the property. Council Member Renteria moved adoption of Proposed Ordinances 040408 -15 and 040408 -16. Council Member Murray seconded the motion. City Manager Jackson reviewed the value difference in the two appraisals of the property and stated that the Scanlan Foundation has indicated that it will not accept an offer of less than $260,000. Mr. Jackson noted that the original figure of $150,000, upon which the City had originally based its plan to purchase the property, had not necessarily been an actual appraisal, but rather, an approximation by a local realtor as to the value of the property. Mr. Jackson introduced Keith Weir, the new President of the East Little League The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carved. ORDINANCE NO. 9771 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 LONG -TERM MAINTENANCE AGREEMENT WITH THE EAST LITTLE LEAGUE, INC., CONCERNING PROPERTY ADJACENT TO WARD ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9772 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EARNEST MONEY AGREEMENT WITH THE DIOCESE OF GALVESTON - HOUSTON AND THE SCANLAN FOUNDATION FOR THE PURCHASE OF 15 ACRES ALONG WARD ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 15 of 24 Minutes of the Special Session — April 8, 2004 Consider Proposed Ordinance No. 040408 -17, authorizing Notice of Intent to Issue Certificates of Obligation in the amount of $11,980,000. Proposed Ordinance No. 040408 -17 authorizes Notice of Intent to Issue Certificates of Obligation in the amount of $11,980,000 for water and wastewater projects. Prior to the sale of certificates of obligation, the City Council must publish notice of its intention to sell the bonds. The publication must occur twice, with the date of the first publication at least fifteen (15) days before the date tentatively set in said notice for the passage of the ordinance authorizing the issuance of such certificates of obligation. The proposed resolution approves the form and content of the notice to be published and authorizes the mandated publication. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9773 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040408 -1, granting a petition for annexation submitted by Maryon Babin and authorizing preparation of a service plan. Proposed Resolution No. 040408 -1 grants a petition for annexation submitted by Maryon Babin to annex Lot 14 (-2 acres) of Huron Subdivision, located south of Interstate Highway No. 10 and between Garth Road and North Main Street in Harris County, Texas. The property is proposed to be developed as an equipment sales location. The proposed 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 Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 16 of 24 Minutes of the Special Session — April 8, 2004 RESOLUTION NO. 1642 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF MARYON BABIN CONCERNING THE ANNEXATION OF LOT 14 OF HURON SUBDIVISION, LOCATED SOUTH OF INTERSTATE HIGHWAY NO. 10 AND BETWEEN GARTH ROAD AND NORTH MAIN STREET, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040408 -2, granting a petition for annexation submitted by Protestant Episcopal Church of the Diocese of Texas and authorizing preparation of a service plan. Proposed Resolution No. 040408 -2 grants a petition for annexation submitted by Protestant Episcopal Church to annex a 20.36 -acre tract of land situated in the H. G. Gillette Survey, Abstract 297, located at the northeast corner of the intersection of Lynchburg -Cedar Bayou Road and North Main Street in Harris County, Texas. The property is proposed to be developed as a church. The proposed 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. For future petitions for annexation, it was requested that a map of the area to be annexed be included with the other information in Council's packet. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1643 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF PROTESTANT EPISCOPAL CHURCH OF THE DIOCESE OF TEXAS CONCERNING THE ANNEXATION OF A 20.36 ACRE TRACT OF LAND IN THE H. G. GILLETTE SURVEY, ABSTRACT 297, LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF LYNCHBURG -CEDAR BAYOU ROAD AND NORTH MAIN STREET, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 17 of 24 Minutes of the Special Session — April 8, 2004 Consider Proposed Resolution No. 040408 -3, opposing any plan of school financing that transfers or limits the revenue of municipalities. Municipalities are charged with delivering services to the public. The present system of municipal financing limits the revenue that a municipality may raise in order to provide for the delivery of services to its citizens. Any further limitation or reduction of the funding for municipalities will result in a reduction in services. Transfer of revenue from municipalities to public schools will result in the reduction of municipal services or in the artificial increase in ad valorem taxation. The cities of LaPorte and Brenham have each approved a resolution opposing school finance or tax system reforms that would negatively affect city revenues. Council Member Murray moved adoption of the proposed resolution with the addition of the following paragraph: "Texas cities provide complete packages of services to schools including police and fire protection, emergency management, water and wastewater services, streets and drainage, all without any property taxes assessed to school property. " 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. RESOLUTION NO. 1644 A RESOLUTION OF THE CITY OF BAYTOWN, TEXAS, OPPOSING ANY SCHOOL FINANCE OR TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040408 -4, authorizing the City to join a coalition of municipalities to intervene in the best interest of those municipalities during the Public Utility Commission public hearings to determine Stranded Costs And Other True -Up Balances. Proposed Resolution No. 040408 -4 authorizes the City of Baytown, Texas, to join a coalition and to intervene in proceedings related to the application of CenterPoint Energy Houston Electric, LLC, Reliant Energy Retail Services, LLC and Texas Genco, LP to determine stranded costs and other true - up balances pursuant to PURA § 39.262 and authorizes the City Attorney to represent the City and to take appropriate actions relating to such proceedings. Council Member Mundinger moved adoption of the proposed resolution. Council Member Murray seconded the motion. The vote follows: Page 18 of 24 Minutes of the Special Session — April 8, 2004 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1645 A RESOLUTION AUTHORIZING THE CITY OF BAYTOWN, TEXAS TO JOIN A COALITION AND TO INTERVENE IN PROCEEDINGS RELATED TO THE APPLICATION OF CENTERPOINT ENERGY HOUSTON ELECTRIC, L.L.C., RELIANT ENERGY RETAIL SERVICES, L.L.C. AND TEXAS GENCO, L.P., TO DETERMINE STRANDED COSTS AND OTHER TRUE -UP BALANCES PURSUANT TO SECTION 39.262 OF THE PUBLIC UTILITY REGULATORY ACT; AUTHORIZING THE CITY ATTORNEY TO REPRESENT THE CITY AND TO TAKE APPROPRIATE ACTIONS RELATING TO SUCH PROCEEDINGS; MAKING CERTAIN FINDINGS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider rejecting all bids and authorizing advertisement for bids for the Pinehurst/Bayou Vista Drainage Outfall Project. The bids will be rejected on the basis of the consultant's recommendation. The estimated construction cost was $90,409 and the bids were $126,440 equating to a 29 percent increase. A reason for the high bids was the unknown soil conditions. City staff will contract with a geotechnical firm to take soil samples and provide recommendations for construction, which could reduce the bids. The scope of work for this project includes the installation of approximately 375 linear feet of drainage conduit, three concrete manholes, and timber bents at two outfall points by Cedar Bayou in the Pinehurst Subdivision. The purpose of this project is to convey the public storm water from the subdivision directly into Cedar Bayou and not allow stone water runoff to spill onto private property as it currently does. The City has coordinated with the U.S. Army Corps of Engineers and has received a Nationwide Permit to discharge storm water into the tidally influenced bayou. As previously stated, the estimated construction cost for the project is currently $90,409, but will; in all likelihood change based on the results of the geotechnical investigation and existing soil conditions. This project will be funded from the 2003 General Obligation Bonds. Council Member Renteria moved to reject all bids for the Pinehurst/Bayou Vista Drainage Outfall Project and authorize advertisement for bids. 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. Page 19 of 24 Minutes of the Special Session — April 8, 2004 Consent Agenda a. This item was removed for separate consideration. b. Proposed Ordinance No. 040408 -19 authorizes an agreement with Texas Genco, L.P. for emergency protection services. Specifically, under the agreement, the City agrees to provide emergency services for fire, chemical and medical emergencies that escalate above the internal response capability of the company; provided that the City has the equipment, facilities, personnel, training and resources available. The company shall replace material used and repair or replace equipment lost or damaged in the control of a fire or emergency situation at the plant. This contract has an initial term, which commences on April 1, 2004, and ends on August 27, 2005, for which the City shall receive $14,166.67. Thereafter, the contract automatically renews for successive one - year periods unless (i) it is terminated by either party for cause, (ii) it is terminated by either party without cause at the conclusion of any term or (iii) Texas Genco L.P does not have an industrial district agreement with the City. Each successive year, the amount to be paid will be $10,000 plus an adjustment based upon the consumer price index. C. Proposed Ordinance No. 040408 -20 authorizes an interlocal agreement with the Baytown Municipal Development District to provide funding in the amount of $30,000 for professional services for development of the landscaping plan for Decker Drive. The proposed interlocal agreement is on the same, or very similar terms, as previous interlocal agreements. MDD, at its April 1, 2004 meeting, appropriated $30,000 to provide a source of funding for the professional services required for the landscaping plan. This is an appropriate expenditure to complement MDD's $2,500,000 investment in the Decker Drive project. Upon approval of this interlocal agreement, we will send out an RFQ to search for qualified consultants to present to the Council's A/E committee. The consultant fees are estimated to be between $24,000 to $30,000 for this project. d. Proposed Ordinance No. 040408 -21 approves an amendment to the contract with Official Payments Corporation whereby customers can pay their Municipal Court fines by credit card online or by calling a 1 -800 number (1 -800- 487 - 4567). There is no cost to the City. Customers can pay by using their Master Card, Discover Card, or American Express Card. To use this service customer's pay a two to three percent service charge, based upon the amount involved in the transaction. The Finance Department and ITS are working on being able to take credit card payments and online payments by early 2005 using the system software. Expanding the agreement with Official Payments to include Utility bills, Health and EMS charges, and other miscellaneous charges would provide an interim payment method for customers that wish to pay their bills with debit/credit cards. e. Proposed Ordinance No. 040408 -22 awards the annual contract for the annual fittings, valves, & meter boxes contract to Golden Triangle Pipe in the amount of $36,009. Seven (7) bid packets were mailed and three (3) bids were received, as well as one no bid. This annual contract is used by the Utilities Department for the water distribution and water rehabilitation projects, and Public Works for drainage and sewer maintenance (manhole covers, etc.). This contract is specifically designed to stock inventory items in the central warehouse. Page 20 of 24 Minutes of the Special Session — April 8, 2004 f. Proposed Ordinance No. 040408 -23 authorizes a contract for a Floodplain Hazard Mitigation Plan for the City of Baytown in the amount of $47,300 to Halff Associates, Inc. Funding will be through a grant awarded by the Texas Water Development Board in the amount of $50,000. Halff and Associates proposal is not to exceed $43,120 for the plan with reimbursables up to $4,180. The grant program requires a 25 percent local match. The city is permitted to use staff time, publications, advertisement and any other in -kind service to apply against the required match. The development of this plan is a key component in the maintenance of our current Community Rating System (CRS) rating. It will provide guidance for future mitigation programs leading to additional improvements in our CRS rating. The overall goal of the plan is to identify effective measures that reduce or eliminate the long -term risk of flood damage to buildings, manufactured homes, and other NFIP- insurable structures. Specific goals include reducing the number of repetitively or substantially damaged structures and associated claims under the NFIP and encouraging long -term comprehensive mitigation planning. As an additional benefit Baytown will be eligible for future mitigation project grants. g. Proposed Resolution No. 040408 -5 denies the request of TX Archer Housing, L.P., for exemption from ad valorem taxation for the construction or rehabilitation of low - income housing located or to be located at 4702 North Main. 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. Council Member Renteria moved adoption of the consent agenda, items b through g. Council Member Godwin seconded the motion. Asim Khan and Dennis Wells of the IT Department were commended for their efforts regarding online credit card acceptance. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9774 " 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 AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH TEXAS GENCO, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 21 of 24 Minutes of the Special Session — April 8, 2004 ORDINANCE NO. 9775 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 AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF THE LANDSCAPING PLAN FOR DECKER DRIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9776 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 GOVERNMENT IVR AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND OFFICIAL PAYMENTS CORPORATION, F/K/A U.S. AUDIOTEX, L.L.C., TO PROCESS CREDIT CARD PAYMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9777 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL FITTINGS, VALVES & METER BOXES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -SIX THOUSAND NINE AND N01100 DOLLARS ($36,009.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9778 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREEMENT WITH HALFF ASSOCIATES, INC., FOR PREPARATION OF A FLOODPLAIN HAZARD MITIGATION PLAN FOR THE CITY OF BAYTOWN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -SEVEN THOUSAND THREE HUNDRED AND NO /100 DOLLARS ($47,300.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DENYING THE REQUESTS OF TX ARCHER HOUSING, 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 4702 NORTH MAIN STREET; DIRECTING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION TO OPPOSE AND DENY THE APPLICATIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 22 of 24 Minutes of the Special Session — April 8, 2004 Item a. was removed from the consent agenda and considered separately: a. Proposed Ordinance No. 040408 -18 authorizes the purchase of two vehicles (2004 Chevrolet Silverado 2500 Crew Cabs) for the Fire Department from Lawrence Marshall Chevrolet through Houston Galveston Area Council in the amount of $46,764 including the H -GAC fee. H -GAC fee is $600. Both vehicles are replacement vehicles. Unit # Description Mileage Unit 83 1993 Chevrolet Caprice 134,149 Unit 942009 1994 Ford Crown Victoria 97,604 There was discussion regarding the types of vehicle and the tonnage involved. It was noted that the vehicles to be purchased were % ton trucks with gasoline engines, which would be to the City's financial advantage. Council Member Anderson 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. 9779 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY -SIX THOUSAND SEVEN HUNDRED SIXTY - FOUR AND N01100 DOLLARS ($46,764.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF TWO (2) 2004 CHEVROLET SILVERADO 2500 CREW CAB PICKUP TRUCKS FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointments to the Tow Truck Committee. The positions on the Tow Truck Committee currently held by Bobby Sutton and Lee Lombard expire in April 2004. Each has agreed to serve if reappointed by council. Both attended the only meeting held in 2003. The position formerly occupied by Mercedes Renteria III is vacant. Council Member Sheley moved appointment of Bobby Sutton and Lee Lombard to the Tow Truck Committee. 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. Page 23 of 24 Minutes of the Special Session — April 8, 2004 Consider approval of appointment of Debbie Allen to the Baytown Police Reserve Force. Chapter 50 of the Code of Ordinances provides that membership on the Police Reserve Force is at the discretion of the Chief of Police. Section 50 -30 requires Council's approval of the Chiefs appointment before the reserve officer can carry a weapon or act as a peace officer. Ms. Allen is a certified peace officer and previously served with the Baytown Police Department from February 1, 1991 to February 27, 2004. She left the Department in good standing. Chief Jones will appoint Ms. Allen to the Reserve Force, subject to Council's approval. Council Member Murray moved approval of the Police Chief's appointment of Debbie Allen to the Baytown Police Reserve Force. Council Member Renteria seconded the motion. It was noted that Ms. Allen is currently not employed as a peace officer in any other jurisdiction. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. City Manager's Report. City Manager Jackson announced that Sterling Municipal Library had been awarded a $12,000 Verizon Foundation grant for its Literacy Volunteer Program. Mr. Jackson informed Council of upcoming meetings regarding the Economic Development Strategic Plan. The Baytown/West Chambers County Economic Development Foundation has invited Dr. Hodgins from the University of Houston at Clear Lake, an economic development professor, to present socio- economic data for the Baytown/Chambers County area at Lee College on Tuesday, May 4. Council's presence is not required, but notice will be posted, should a quorum of Council attend. The consultant for the Economic Development Strategic Plan, Angelou Economics, will be in town on Wednesday and Thursday, May 5 and 6. On Thursday, May 6, from 1:00 -3:00 p.m. at the Baytown Chamber of Commerce, the consultant will meet with a focus group of government officials. Again, Council's presence is not required, but notice will be posted, should a quorum is present. Other officials attending will be representatives of the Baytown/West Chambers County Economic Development Foundation and other Chambers County officials. Mayor Alfaro announced that he had formed an ad -hoc committee composed of himself, Mayor Pro - Tem Mundinger, and the Chairman of the current Judges' Committee, Council Member Murray. The purpose of the committee is to provide direction and guidance to staff regarding a timeline for the selection of a full -time judge. He said the committee plans to meet the following week in order to make a recommendation for Council consideration at the next meeting on April 22, 2004. ,,M*N Council Member Sheley commended staff on the success of the Household Hazardous Waste Collection Day/Recyclable Electronics Exchange held on March 20, 2004. Page 24 of 24 Minutes of the Special Session — April 8, 2004 !p� 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 5:41 p.m. ell Ga W. Sinith City Clerk