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2004 09 23 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 23, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on September 23, 2004, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Sammy Mahan Mercedes Renteria III Scott Sheley Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith The following Council Member was absent: Don Murray 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. Council Member Renteria led the pledge of allegiance and offered the invocation. Mayor Mundinger recognized the Ross S. Sterling High School students present after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on September 9, 2004. Council Member Renteria moved approval of the minutes of the work session and regular meeting held on September 9, 2004. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Citizen communications: Clyde Grady, 3705 Savell, addressed Council concerning continuing erosion and flooding along Cary's Bayou. He requested a neutral engineering firm be retained to design plans to redirect the water flow from Massey Tompkins and to estimate the cost of constructing a concrete lining of the (° bayou. Mayor Mundinger stated that he did not see any evidence to support the expenditure of City funds for such a project. He said he would be happy to meet with Mr. Grady to further discuss the matter. Page 2 of 20 Minutes of the Regular Session — September 23, 2004 City Manager Jackson and Bill Pedersen, Director of Engineering, informed Council that any redirection of the water flow would impact the scope of drainage. Mayor Mundinger recognized Barbara Anderson, wife of Council Member Ronnie Anderson. (A) Consider Proposed Ordinance No. 040923 -1A, amending Chapter 42 "Health and Sanitation," Article III "Smoking," Section 42 -96 "Definitions" and Section 42 -97 "Administration," Subsection (b) of the Code of Ordinances, City of Baytown, Texas, to modify the definition of "designated smoking area" in order to decrease the requirements for certain eating establishments in existing facilities and to provide the City Council the authority to waive provisions of the article upon enumerated findings. This item was postponed in action taken at the September 9, 2004 City Council meeting. It was placed on this agenda pursuant to that action. (B) Consider Proposed Ordinance No. 040923 -111, amending Chapter 42 "Health and Sanitation," Article III "Smoking," Section 42 -97 "Administration," Subsection of the Code of Ordinances, City of Baytown, Texas, to remove the ability of the director of health to grant waivers and amending Chapter 42 "Health and Sanitation," Article III "Smoking" of the Code of Ordinances, City of Baytown, Texas, to add a new section to be numbered and entitled Section 42 -106 "Variance" to provide a variance procedure for the smoking ordinance. The proposed ordinance amends Section 42 -97 to remove the ability of the Director of Health to grant waivers and adds Section 42 -60, which allows a person to seek a variance from any provision of the smoking ordinance from the construction board of adjustments and appeals. A variance under the Section 42 -106 may be granted only upon specific findings of the board. Staff distributed an amendment to Proposed Ordinance No. 040923 -B (040923 -B -2), which would not allow a variance to be considered relating to the number of seats or the square footage of the designated smoking area. The following persons registered to speak to Council concerning Proposed Ordinance Nos. 040923 - IA and1B: Julie DeTorre, 5012 Glen Haven Drive Ms. DeTorre expressed opposition to any weakening of the current smoking regulations. Mike Wilson, 3805 Del Oro Mr. Wilson urged Council to adopt Proposed Ordinance No. 040923 -B -2. Dr. Pamela Medellin, 300 Post Oak Dr. Medellin asked that Council continue to strengthen the ordinance in the interest of the health, safety and welfare of the public. Page 3 of 20 Minutes of the Regular Session — September 23, 2004 M.A. Bengtson, 4401 Garth Road Ms. Bengtson supported Council's adoption of Proposed Ordinance No. 040923 -B -2. Ann Johnson, 7307 Lone Oak Drive Ms. Johnson opposed an ordinance that would allow any type of variance to the regulations. Robert Johnson, 7307 Lone Oak Drive Mr. Johnson declined to address Council when his name was called. Manuel Escontrias, 513 Pin Oak Mr. Escontrias opposed any relaxation of the current regulations, as well as the granting of variances. Tom L. Kincaid, 4035 Wright Lane Mr. Kincaid opposed the smoking ordinance in its entirety, stating that it was unconstitutional for government to regulate private business. Tommy LeVrier, Sentinel News Mr. LeVrier declined to address Council when his name was called. After extensive discussion regarding the definition of "designated smoking area," the history of the original ordinance, adopted in 1999 and amended a month later, the variance procedure, and the fact that further clarification of the ordinance is needed, Council Member Renteria moved adoption of Proposed Ordinance No. 040923 -B -1. The motion failed for lack of a second. Council Member Anderson moved adoption of Proposed Ordinance No. 040923 -B -2. The motion failed for lack of a second. Further discussion followed regarding the variance procedure and the definition of "designated smoking area." Council Member Anderson moved adoption of Proposed Ordinance No. 040923 -B. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. City Clerk Smith requested clarification as to which version of the ordinance Mr. Anderson had moved to adopt. Page 4 of 20 Minutes of the Regular Session — September 23, 2004 Council Member Sheley moved reconsideration of the item. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Council Member Anderson moved adoption of Proposed Ordinance No. 040923- B -2 -2, which would not allow a variance to be considered relating to the number of seats or the square footage of the designated smoking area. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, and Sheley. Mayor Mundinger. Nays: None. Council Member Renteria abstained. The motion carried. ORDINANCE NO. 9882 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE III "SMOKING," SECTION 42 -96 "DEFINITIONS," AND SECTION 42 -97 "ADMINISTRATION" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO CLARIFY THE DEFINITION OF A DESIGNATED SMOKING AREA AND TO REMOVE THE ABILITY TO GRANT WAIVERS FROM THE DIRECTOR OF HEALTH; AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE III "SMOKING' OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 42 -106 "VARIANCE" TO PROVIDE A VARIANCE PROCEDURE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. By consensus of Council, the meeting was recessed at 7:56 p.m. Mayor Mundinger reconvened the meeting at 8:04 p.m., after which the following business was conducted: Receive presentation, discuss, and take appropriate action concerning the Baytown Outdoor Festival. Tricia Thompson, on behalf of the Baytown Outdoor Festival Steering Committee, addressed Council during the work session held prior to the meeting. To assist the development of the Festival, the Committee is seeking to create a non - profit corporation to promote the event, which would serve as a barrier between the donation and City funds. It would be used to receive and distribute money for the festival and donate money for the promotion and improvement of the facilities. The non - profit corporation would also be used to seek on -going investments. Page 5 of 20 Minutes of the Regular Session — September 23, 2004 Council Member Anderson moved that Council support the formation of the non - profit corporation. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider Proposed Ordinance No. 040923 -15, approving Change Order No. 1 to the Emergency Operations Center and Policy Academy Construction Project. Proposed Ordinance No. 040923 -15 approves Change Order No. 1 to the Emergency Operations Center and Policy Academy Construction Project with Frost Constructors, Inc. This change order will increase the contract amount by $56,083.60. The original contract amount with Frost Constructors, Inc. was $2,711,266.35 and with this change order will be increased to $2,767,349.95. The contractor has requested a total of $83,001.60 in changes, with $26,918 in credits, for a difference of $56,083.60. Most of the items requiring the additional work result from errors and omissions on the plans and specifications prepared by the consultant, which the consultant disputes. For example, the quantity of select fill for the building foundations required to meet the design was shown incorrectly in the contract documents, as was the total length of drilled piers and concrete trickle channel. The City will seek to resolve the issues with the consultant and, if necessary, will proceed by filing a claim against the consultant's professional liability insurance policy. To avoid costly delays and keep the project moving forward, staff recommends that the City fund this change order until such time that the matter is resolved. Funding is available in the Capital Improvement Program Fund. Council Member Anderson moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH FROST CONSTRUCTORS, INC., FOR EMERGENCY OPERATIONS CENTER AND POLICE ACADEMY CONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY - SIX THOUSAND EIGHTY -THREE AND 60/100 DOLLARS ($56,083.60); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 20 Minutes of the Regular Session — September 23, 2004 Consider Proposed Ordinance No. 040923 -16, approving the contract addendum with Larson/Burns, Inc. for construction services for the development of the Goose Creek Stream Greenbelt, Phase III. Consider Proposed Ordinance No. 040923 -16 approves a $13,800 contract addendum with Larson/Bums, Inc. for construction services for the development of the Goose Creek Stream Greenbelt, Phase III. The City is required to have our consultant of record review field changes and attend the pre - construction meeting. When the Larson/Bums contract was originally written, the construction services part of the contract was not needed, but with changes at the Texas Department of Transportation (TxDOT) and changes in consultant laws, the construction services are needed. Mark Patterson, contracts administrator with TxDOT, has reviewed and approved the contract amendment. City Council approved the original contract on June 12, 1997 in the amount of $94,419. Council approved a second addendum in September 1999 for $60,000 and a third addendum in May 2003 for $24,615.16. With this addendum, the total project for Larson/Bums, Inc. is $192,834.16. Eighty percent (80 %) funding will come from Intermodal Surface Transportation Efficiency Act (ISTEA) and Congestion Mitigation Air Quality funds for $154,267.33 and twenty percent (20 %) funding will come from the City of Baytown for $38,566.83. Funding is available from 1991 bonds. The consultants construction cost estimate was $1,637,551.77. Bids for construction of the trail were opened on Friday, September 10, 2004 with the low bid being $1,626,057.25, 0.7% below the estimate. The low bidder was Lone Star Road Construction, LTD. The Texas Department of Transportation will supervise the construction of the proposed trail. Construction is expected to begin in November. Council Member Anderson moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9884 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING ADDENDUM NO. 3 TO THE PROFESSIONAL CONSULTANT SERVICES CONTRACT BETWEEN THE CITY OF BAYTOWN AND LARSON DESIGN GROUP, INC., DB /A LARSONBURNS, INC., FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE DEVELOPMENT OF THE GOOSE CREEK STREAM GREENBELT PROJECT, PHASE III; AUTHORIZING PAYMENT IN THE AMOUNT NOT TO EXCEED THIRTEEN THOUSAND EIGHT HUNDRED AND NO 1100 DOLLARS ($13,800.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 20 Minutes of the Regular Session — September 23, 2004 Consider Proposed Ordinance No. 040923 -2, authorizing an Interlocal Agreement with the Baytown Area Water Authority to provide funding for the extension of City of Baytown water lines to the new BAWA distribution line. Proposed Ordinance No. 040923 -2 authorizes an Interlocal Agreement with the Baytown Area Water Authority (BAWA) to provide funding for the construction of water lines on Garth Road and North Main Street connecting to the new BAWA distribution line. The estimated cost is $1,000,000 and is included in the 2005 Adopted Water and Sewer Fund Capital Improvement Program. The BAWA Board approved the agreement at their July 21, 2004 meeting. BAWA has been conditionally approved by TWDB for funding. Council Member Mahan moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9885 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN AREA WATER AUTHORITY TO PROVIDE FUNDING FOR THE CONSTRUCTION OF WATER LINES ON GARTH ROAD AND NORTH MAIN STREET CONNECTING TO THE NEW BAWA DISTRIBUTION LINE; AUTHORIZING PAYMENT TO THE BAYTOWN AREA WATER AUTHORITY OF AN AMOUNT NOT TO EXCEED ONE MILLION AND NOI100 DOLLARS ($1,000,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040923 -3, authorizing an Interlocal Agreement with the Baytown Area Water Authority to provide funding for auditing services. Proposed Ordinance No. 040923 -3 authorizes an Interlocal Agreement with the Baytown Area Water Authority (BAWA) to provide funding for auditing services. The City Council approved a contract for auditing services at the September 9 meeting. The BAWA board approved the interlocal agreement at their September 15" meeting. Council Member Anderson moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 8 of 20 Minutes of the Regular Session — September 23, 2004 ORDINANCE NO. 9886 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN AREA WATER AUTHORITY TO PROVIDE FUNDING FOR AUDITING SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040923 -4, approving a contract with the Baytown Opportunity Center (BOC) for park cleaning and litter removal. Proposed Ordinance No. 040923 -4 approves a contract, in an amount not to exceed $46,875.71, with the Baytown Opportunity Center (BOC) for park cleaning and litter removal. This contract covers a 12 -month period of park cleanup and janitorial .services. It covers weekday litter cleanups and janitorial services at the Gray Sports Complex from February through September, and park cleanup at Bicentennial Park following the July 4`h Celebration. The contract also includes weekday janitorial services of the public restroom at Roseland Park as well as the restroom and pavilion facilities at the Jo Roosa Pavilion in Goose Creek Park for 12 months. The cost of the contract has increased 32.6 % or $11,530.71, primarily due to the expansion of the Sports Complex causing a much larger area to be cleaned and a small increase in wages for the BOC. The amount of the increase is contingent on the completion of the renovation and expansion of the Sports Complex. With the current renovations to the Sports Complex underway, the City is uncertain as to the exact date the Complex will be available to the public. Portions of the Complex will be available to park users at all times. The fees have been adjusted for limited cleanup that will include the playground area, the press box near field 9 & 10 (F & G) and the parking areas supporting those areas. After construction is complete, the BOC will be responsible for the rest of the Complex as well. Ruby Pinson, Director of the Baytown Opportunity Center, has reviewed the proposed contract and has indicated that it meets with her approval. Funding is available in the Parks Department budget. Council Member Sheley moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9887 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH BAYTOWN OPPORTUNITY CENTER FOR PARK CLEANING; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY -SIX THOUSAND EIGHT HUNDRED SEVENTY -FIVE AND 71/100 DOLLARS ($46,875.71); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 20 Minutes of the Regular Session — September 23, 2004 Consider Proposed Ordinance No. 040923 -5, approving the purchase of services and software related to the redesign of the City's Internet web site. Proposed Ordinance No. 040923 -5 approves the purchase of services and software for the redesign of the City's Internet web site from eSiteful Corporation in the amount of $36,374. A Request for Proposal (RFP) was mailed to fifteen potential vendors with seven responding and two no bids received. eSiteful was selected based on its extensive experience, detailed approach to the project, and conformity to the requirements of the RFP. The web site redesign is $33,525 and an additional software purchase of $2,849 is required to implement all of the features requested. This additional software option was outlined in the RFP to avoid hidden costs and facilitate a fully functional web site. Funding is available in the current year ITS budget. Council Member Mahan moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9888 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A MASTER SERVICES AGREEMENT WITH ESITEFUL CORPORATION FOR THE PURCHASE OF SERVICES AND SOFTWARE RELATED TO THE REDESIGN OF THE CITY'S INTERNET WEB SITE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THIRTY -SIX THOUSAND THREE HUNDRED SEVENTY -FOUR AND NO /100 DOLLARS ($36,374.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040923 -6, authorizing the purchase of Voice over Internet Protocol hardware and software installation. Proposed Ordinance No. 040923 -6 approves the purchase of Voice over Internet Protocol (VoIP) hardware and software installation from Verizon South, Inc. in the amount of $56,336.65. Verizon South, Inc. is a QISV vendor. This is the final phase in transitioning all of the telephones at locations capable of handling digital phones from CentraNet (managed by Verizon) to a new digital phone system managed internally. All the hardware and software has been purchased and this is for the configuration and installation. The estimated time for completion is October/November, before signing a new service contract for the remaining analog telephone lines. Funding is available from the 2003 and 2004 General Obligation Bonds. Council Member Mahan moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Page 10 of 20 Minutes of the Regular Session — September 23, 2004 Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. "^ Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9889 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A SYSTEM AGREEMENT WITH VERIZON SOUTH, INC., FOR THE PURCHASE OF VOICE OVER INTERNET PROTOCOL (VOID) HARDWARE AND SOFTWARE INSTALLATION; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FIFTY -SIX THOUSAND THREE HUNDRED THIRTY -SIX AND 65/100 DOLLARS ($56,336.65); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040923 -7, renewing the benefit consulting services contract. Proposed Ordinance No. 040923 -7 approves the annual consulting/brokerage agreement with Capitol Risk Employee Benefits, Inc., in the amount of $35,000 for consulting services related to the City's Health Benefit Program. The term of this contract is October 1, 2004 through September 30, 2005. Capitol Risk has provided quality brokerage service for the City for 12 years. Funding is within the budgeted amount. Consider Proposed Ordinance No. 040923 -8, renewing the contract for the City's Stop Loss Coverage. Proposed Ordinance No. 040923 -8 renews the annual contract with United HealthCare for Specific and Aggregate Stop Loss Coverage for the City's health benefit program in the amount of $458,701. Both specific stop loss and aggregate stop loss coverage are based on a per employee, per month rate; actual enrollment will therefore dictate the total amount. The estimated premium of $458,701 presents a 13.6% increase. The specific stop loss limit is increased from $125,000 to $150,000. The contract period is October 1, 2004 through September 30, 2005. Funding is within the budgeted amount. Consider Proposed Ordinance No. 040923 -9, renewing the contract for Third Party Administration Services for the administration of the City's Health Benefit Programs. Proposed Ordinance No. 040923 -9 renews the annual contract with United HealthCare for Third Party Administrator (TPA) Services. Since the City is self - insured, we utilize a TPA to pay the medical and dental claims. PPO network fees, prescription fees, and administrative fees will be directed through the TPA for payment. The cost for Administrative Fees for 2003/2004 was $307,418. The estimated cost for 2004/2005 for Administrative Fees is $333,273, an 8.4% increase. The actual cost will vary since coverage is based on a per employee, per month rate; actual enrollment will therefore dictate the actual total amount. The contract period is October 1, 2004 through September 30, 2005. Funding is within the budgeted amount. Page 11 of 20 Minutes of the Regular Session — September 23, 2004 Consider Proposed Ordinance No. 040923 -10, renewing the contract for the City's Employee Assistance Program Services. Proposed Ordinance No. 040923 -10 renews the annual contract to United Behavioral Health to provide Employee Assistance Program services, and authorizes payment for said services. The following services are provided: • Six counseling sessions per incident or per problem for employees and their family members • Supervisory/management training and employee orientation and training • Critical incident stress debriefing • Work/Life services (financial and legal services) • Parenting and Adult/Elder Services The cost is $2.76 per employee per month, an increase of 3 %. The term of this contract is October 1, 2004 through September 30, 2005. Funding is within the budgeted amount. Consider Proposed Ordinance No. 040923 -11, renewing the City physician services contract. Proposed Ordinance No. 040923 -11 authorizes the renewal of City physician services with Dr. Medhat Bedros, or other designated physician, and authorizes payment for said services in an amount not to exceed $85,210. This is the 13`" year for renewal. Dr. Bedros has maintained the same rates since we began using his services in October 1992. The service period is from October 1, 2004 through September 30, 2005. Funding is within the budgeted amount. Consider Proposed Ordinance No. 040923 -12, renewing the liability and property insurance programs with Texas Municipal League. Proposed Ordinance No. 040923 -12 authorizes the renewal of liability and property insurance programs with Texas Municipal League and authorizes payment in the amount of $423,456 for premiums, reimbursable losses, and administrative fees. This is a 5.6% increase in rate from 2003/2004 premiums of $400,764. Funding is within the budgeted amount. Consider Proposed Ordinance No. 040923 -13, authorizing renewal with Texas Municipal League Workers' Compensation Joint Insurance Fund to provide Administrative services, claims payments, and excess workers' compensation insurance protection. Proposed Ordinance No. 040923 -13 authorizes renewal with the Texas Municipal League Workers' Compensation Joint Insurance Fund to provide Administrative services, claims payments, and excess workers' compensation insurance protection for the City's workers' compensation program at a cost of $803,626 - an overall increase in program cost of approximately 18.1 %. The increase in program costs are due to several catastrophic claims, the continued increases in the cost of reinsurance, and the ever - increasing cost of medical care and services. Funding is within the budgeted amount. Council Member Anderson moved adoption of Proposed Ordinances 040923 -7 through 040923 -13. Council Member Sheley seconded the motion. The vote follows: Page 12 of 20 Minutes of the Regular Session — September 23, 2004 Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONSULTING/BROKERAGE AGREEMENT WITH CAPITOL RISK EMPLOYEE BENEFITS, INC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -FIVE THOUSAND AND NO /100 DOLLARS ($35,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AUTHORIZING PAYMENT OF FOUR HUNDRED FIFTY -EIGHT THOUSAND SEVEN HUNDRED ONE AND NO 1100 DOLLARS ($458,701.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9892 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., AS A THIRD PARTY ADMINISTRATOR FOR THE ADMINISTRATION OF MEDICAL AND DENTAL CLAIMS AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT IN THE AMOUNT OF THREE HUNDRED THIRTY - THREE THOUSAND TWO HUNDRED SEVENTY -THREE AND N0 1100 DOLLARS ($333,273.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ADMINISTRATIVE SERVICES AGREEMENT WITH UNITED BEHAVIORAL HEALTH FOR THE CITY'S EMPLOYEE ASSISTANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -TWO THOUSAND EIGHT HUNDRED FIFTY -TWO AND 80/100 DOLLARS ($22,852.80); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF CITY PHYSICIAN SERVICES WITH DR. MEDHAT BEDROS; AUTHORIZING PAYMENT FOR SUCH SERVICES IN AN AMOUNT NOT TO EXCEED EIGHTY -FIVE THOUSAND TWO HUNDRED TEN AND N01100 DOLLARS ($85,210.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 13 of 20 Minutes of the Regular Session — September 23, 2004 ORDINANCE NO. 9895 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FOUR HUNDRED TWENTY - THREE THOUSAND FOUR HUNDRED FIFTY -SIX AND NO /100 DOLLARS ($423,456.00) AND THE SUM OF ONE HUNDRED SIXTY -FIVE THOUSAND AND NO /100 DOLLARS ($165,000.00) FOR DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9896 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE WORKERS' COMPENSATION JOINT INSURANCE FUND TO PROVIDE ADMINISTRATIVE SERVICES FOR THE CITY'S WORKERS' COMPENSATION PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR MONTHLY CLAIMS AS INCURRED, ADJUST ESCROW NECESSARY TO MEET SIXTY (60) DAYS' AVERAGE CLAIMS REQUIREMENT AND PROJECTED PAYMENT OF EIGHT HUNDRED THREE THOUSAND SIX HUNDRED TWENTY -SIX AND NO /100 DOLLARS ($803,626.00) FOR CLAIMS COSTS, ADMINISTRATIVE FEES, AND EXCESS WORKERS' COMPENSATION INSURANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040923 -14, amending the existing Administrative Services Agreement with ICMA Retirement Corporation to provide a retirement health saving plan. Proposed Ordinance No. 040923 -14 amends the existing Administrative Services Agreement between the City of Baytown and the ICMA Retirement Corporation (ICMA -RC) to provide the VantageCare Retirement Health Savings Plan. This plan allows employees to save for retiree health costs tax -free. The City contributes no funding for this account; it is composed of 100% employee contributions. Council Member Mahan moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9897 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A RETIREE HEALTH SAVINGS PLAN; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 14 of 20 Minutes of the Regular Session — September 23, 2004 Consider Proposed Ordinance No. 040923 -17, changing the Fiscal Year 2004 -05 Budget to reflect that there will be no reorganization in the Fire Department affecting the number of Assistant Chief and Battalion Chief positions. Currently, the Fire Department has two Assistant Chiefs and five Battalion Chiefs. Former Chief Brown had recommended reorganizing the department so that there would be two additional Assistant Chief positions and two fewer Battalion Chief positions. Because the Fire Department's Fire Chief position is vacant, it is not advisable to reorganize the department at this time. As such, this budget change keeps the current number of positions in the ranks of Assistant Chief and Battalion Chief. Council Member Anderson moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. In response to a question, Interim Fire Chief Shon Blake stated that there would be no impact on the department's overtime budget and that this would return the department to the command staff of the prior year. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9898 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2004 -2005 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REFLECT THAT THERE WELL BE NO REORGANIZATION IN THE FIRE DEPARTMENT AFFECTING THE NUMBER OF ASSISTANT CHIEF AND BATTALION CHIEF POSITIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040923 -18, approving Change Order No. 1, approving final payment of retainage, and accepting the Hill Terrace and Shreck Water Service Relocation Project. Proposed Ordinance No. 040923 -18 approves deduct Change Order No. 1 to adjust final quantities, approves final payment of retainage in the amount of $4,243.54 to Dan's Plumbing Inc., and accepts the Hill Terrace and Shreck Water Service Relocation Project. The original contract was awarded to Dan's Plumbing, Inc., for $44,999.92 and the contract duration was 30 calendar days. Change Order No. 1 is a balancing change order and reduces the final contract amount by $2,564.56 to $42,435.36, which represents a 5.7% cost savings. The cost savings is largely due to an adjustment of final quantities on various bid items. The contractor completed the project in the allotted time and the workmanship was satisfactory. Council Member Anderson moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Page 15 of 20 Minutes of the Regular Session — September 23, 2004 Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9899 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCT CHANGE ORDER NO. 1 WITH DAN'S PLUMBING, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE HILL TERRACE AND SHRECK WATER SERVICE RELOCATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FOUR THOUSAND TWO HUNDRED FORTY -THREE AND 541100 DOLLARS ($4,243.54) TO DAN'S PLUMBING, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040923 -1, approving the Investment Policy and Strategy of the City in compliance with the Public Funds Investment Act. The Finance Committee reviewed the policy at its meeting on August 31, 2004 and recommends approval. The policy was last reviewed and approved by City Council at the regular meeting held on September 25, 2003. No changes have been made to the current policy. Council Member Mahan moved adoption of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN INVESTMENT POLICY AND STRATEGY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040923 -2, accepting a grant for the Baytown Nature Center Tidal Channels and Wetlands Expansion Project. Proposed Resolution No. 040923 -2 approves acceptance of a grant from the Natural Resource Trustee Program in the amount of $189,760 for the Baytown Nature Center Tidal Channels and Wetlands Expansion Project. The City and members of the Friends of the Baytown Nature Center have been working with the Natural Resource Trustees for over a year to plan and develop this project. Page 16 of 20 Minutes of the Regular Session — September 23, 2004 The project will also utilize a $50,000 grant from the U.S. Fish and Wildlife Service that was awarded last year to aid in the project. Greg Crouch of Crouch Environmental Services is currently working on the master plan and is working with the Corps of Engineers to obtain the needed permits to complete the project. Council Member Mahan moved adoption of the proposed resolution. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE NATURAL RESOURCE TRUSTEE PROGRAM IN THE AMOUNT OF ONE HUNDRED EIGHTY -NINE THOUSAND SEVEN HUNDRED SIXTY AND N01100 DOLLARS ($189,760.00) FOR THE BAYTOWN NATURE CENTER TIDAL CHANNELS AND WETLANDS EXPANSION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a. Proposed Ordinance No. 040923 -19 approves the annual software maintenance agreements, in the amount of $52,564.86, with Sungard Pentamation to provide support for programming, upgrades, bug fixes, telephone support, etc. for the following software packages: Fund Accounting, Purchasing, Fixed Assets, Human Resources, Budget Analyst, Inventory Manager, Personnel Budgeting and Vehicle Manager (Encompass), Cash Receipts, Utility Billing (ACIS), Code Enforcement, Occupational License, Inspections and Action Software, Informix Four J's Compiler, Optio Printing and Cognos Report Writer, Custom Programming on Financial Software and Custom Programming on Revenue Software. b. Proposed Ordinance No. 040923 -20 rejects all bids for thermo pavement markings for the Traffic Control Division and authorizes rebidding. Rejection of all bids is requested due to an error in the bid specifications. C. Proposed Ordinance No. 040923 -21 awards the annual tire and tube contract, Section I, police pursuit tires, to JMB Tire and Appliance Company in the amount of $15,277.20; and Section II, passenger, light truck tires and tubes, Section III, off -road tires and tubes, and Section IV, heavy truck tires and tubes to Carr's City Tire Service in the amount of $63,451.30. The total contract is $78,728.50. Invitations to bid were mailed to 13 bidders and we received 6 responses. Funding is available in the Motor Vehicles and Machinery and Equipment accounts. Page 17 of 20 Minutes of the Regular Session — September 23, 2004 d. Ordinance No. 040923 -22 awards the second renewal of the annual sludge disposal contract to Rustin Transportation in the amount of $180,051.36. Rustin Transportation submitted a written request to renew the current contract with a 2.3% increase. The July Consumer Price Index is 3 %. Price per cubic yard will be $14.19. This contract is used for the collection, hauling, and disposal of processed sewage sludge at each of the three City of Baytown Wastewater Treatment Plants. Funding is available in the Wastewater Treatment/Rents account. e. Proposed Ordinance No. 040923 -23 authorizes a professional services agreement for the Houston High Intensity Drug Trafficking Area Program with Stanley E. Furce, Individually and d/b /a Research International. Since September 1995, the City has administered federal funds designated for the operation of the Houston High Intensity Drug Trafficking Area ( "HIDTA ") Major Offender Project. This agreement is similar to that which was entered into last year and is contingent upon funding by grant/award made available through the Office of the National Drug Control Policy ( "ONDCP "). The agreement obligates the contractor to provide professional services as directed by HIDTA Executive Committee and ONDCP. No City funds will be used. f. Proposed Resolution No. 040923 -3 authorizes and directs the Mayor to execute General Certificates of Local Governmental Unit relating to Southeast Texas Housing Finance Corporation's ( "SETH ") issuance of Multifamily Housing Revenue Bonds. SETH is issuing the bonds to finance the construction of a multifamily property in La Porte. The issuance of the bonds is expected to advance SETH's continued efforts in providing safe, decent, sanitary and affordable housing to residents of its sponsoring political subdivisions, including the City of Baytown. To gain approval of the Texas Attorney General's Office for the issuance of the desired bonds, SETH has asked that the City of Baytown confirm certain information regarding SETH, including, but not limited to, the City's approval of SETH's Restated Articles of Incorporation, the City's appointment of Daniel Sandoval to SETH's Board of Directors, and the fact there is no litigation pending or threatened against the City relating to SETH. Council Member Sheley moved adoption of the consent agenda, items a through f. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 18 of 20 Minutes of the Regular Session — September 23, 2004 ORDINANCE NO. 9900 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -TWO THOUSAND FIVE HUNDRED SIXTY - FOUR AND 86/100 DOLLARS ($52,564.86) TO SUNGARI) PENTAMATION, INC., AS THE COST FOR THE ANNUAL SOFTWARE MAINTENANCE CONTRACT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9901 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS FOR THERMO PAVEMENT MARKINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9902 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF JMB TIRE AND APPLIANCE COMPANY FOR SECTION I "POLICE PURSUIT TIRES" OF THE ANNUAL TIRE AND TUBE CONTRACT AND ACCEPTING THE BID OF CARR'S CITY TIRE SERVICE FOR SECTION II "PASSENGER, LIGHT TRUCK TIRES AND TUBES," SECTION III "OFF -ROAD TIRES AND TUBES," AND SECTION IV "HEAVY TRUCK TIRES AND TUBES" OF THE ANNUAL TIRE AND TUBE CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF SEVENTY -EIGHT THOUSAND SEVEN HUNDRED TWENTY -EIGHT AND 501100 DOLLARS ($78,728.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9903 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF RUSTIN TRANSPORTATION FOR THE ANNUAL SLUDGE DISPOSAL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED EIGHTY THOUSAND FIFTY -ONE AND 36/100 DOLLARS ($180,051.36); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9904 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH STANLEY E. FURCE, INDIVIDUALLY AND DB /A RESEARCH INTERNATIONAL; AUTHORIZING PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 19 of 20 Minutes of the Regular Session — September 23, 2004 RESOLUTION NO. 1680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GENERAL CERTIFICATE OF LOCAL GOVERNMENTAL UNIT RELATING TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (SEVILLE PLACE APARTMENTS) IN ONE OR MORE SERVICES IN AN AGGREGATE AMOUNT NOT TO EXCEED fifteen MILLION AND NO /100 DOLLARS ($15,000,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointments to Baytown Animal Control Advisory Committee. The terms of Billie Wolfe and Richard Godwin expire on September 26, 2004. These terms are for two years. Each has agreed to serve if reappointed by council. During the most recent term, Ms. Wolfe attended five and Mr. Godwin attended five of the six meetings of the board. Council Member Renteria moved appointment of Billie Wolfe and Richard Godwin to the Baytown Animal Control Advisory Committee. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider extension of Interim Municipal Judge(s) contracts. The contract for each of our interim Municipal Judges expires on September 30, 2004. If no action is taken, no person will be under contract to preside over Municipal Court after September 30, 2004. Council Member Renteria moved to extend the contracts of the interim Municipal Judges for an additional 45 days. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. City Manager's Report. City Manager Jackson reminded Council of the Economic Development Strategic Plan meeting to be held on September 28, 2004 at 4:00 p.m. in Tucker Hall at Lee College. Page 20 of 20 Minutes of the Regular Session — September 23, 2004 Mr. Jackson informed Council that staff had assisted the American Red Cross with shelter for Hurricane Ivan refugees, including the donation of 77 cots and 194 blankets. The hurricane has now been downgraded to a tropical storm and will probably make landfall in the vicinity of Cameron, Louisiana. He cautioned that there still remained a heavy rainfall threat for Baytown. Mr. Jackson announced that Lynda Kilgore was named the Municipal Clerk of the Year for the Texas Municipal Court Association. Adjourn. Council Member Anderson moved that the meeting adjourn. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 8:27 p.m. GAry W. Smith City Clerk S