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2004 10 26 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 26, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in special session on October 26, 2004, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Sammy Mahan Don Murray Mercedes Renteria III Calvin Mundinger Gary M. Jackson Bob Leiper Karen Horner Gary W. Smith Council Member Sheley was absent. Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager First Assistant City Attorney City Clerk The meeting was opened with a quorum present and Council Member Murray led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the special meeting held on October 7, 2004. Council Member Mahan moved approval of the minutes of the special meeting held on October 7, 2004. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. Consider approval of minutes of the work session and regular meeting held on October 14, 2004. Council Member Renteria moved approval of the minutes of the work session and regular meeting held on October 14, 2004. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. Page 2 of 17 Minutes of the Special Session — October 26, 2004 Consider Proposed Ordinance 041026 -1, reviewing and approving the Receiver's Third Amended Application for Water and Sewer Rate Increase for Bay Oaks Harbor Water and Sewer System. Mr. Fultz, Receiver, has submitted this application for what he has determined to be an equitable water and sewer rate increase for the residents of Bay Oaks Harbor. The Receiver stated that the rate increase is needed to operate the water and sewer system. The City reviewed the rates based on "Test Year (August 1, 2003, to July 31, 2004) Operating Revenues." In accordance with TCEQ guidelines for review, system expenses for maintenance and operation were also considered. The surcharge will address the accrued indebtedness unpaid. The rates as proposed appear necessary to cover the operation and maintenance of the system. The last time the City received a request to raise rates was in 2000. This item was postponed from the October 14, 2004 meeting. City Manager Jackson explained that the City has original jurisdiction over the rates and service for Bay Oaks Harbor. Further, if Council approves this item, the residents of Bay Oaks Harbor have 90 days, after notice has been served on all parties, during which they may appeal the decision to the TCEQ. On appeal, the cost may be taxed. He said that the Finance Department has reviewed the application. The issue regards operational costs due to the abandonment by the previous owner and the general deterioration of the water and sewer system. Steve Coycault registered to speak to Council regarding the Senior Citizen tax cap. In accordance with Council's Rules of Procedure, because the topic was not on the agenda, Mr. Coycault did not address Council. The following persons registered to speak to Council on Proposed Ordinance 041026 -1: John M. Fultz, Navasota, Texas Mr. Fultz asked that Council allow him to speak following those who had registered to speak on this item. The following persons registered to speak on this item and donated their time to Mitchell Pearce: Don Williams, Holly McReynolds, Ralph Welch, Della Copples, Kathryn Bums, Jack Patterson, and John Deady. Mitchell Pearce, 4704 Riaalecreek Drive Mr. Pearce said that as the Receiver Mr. Fultz has done an excellent job. He reviewed past negotiations in the effort to have the City operate the system. Part of the problem had been obtaining title for the roads, which he said are now owned by the Homeowners Association. The association now wishes to transfer the system to the City and is willing to negotiate the terms to do so. Harold Adair, 119 Canvassback Mr. Adair spoke in opposition to an increase in the water and sewer rate for the residents of Bay Oaks Harbor. Page 3 of 17 Minutes of the Special Session — October 26, 2004 The following persons registered to speak on this item and donated their time to Gary W. Martin: Denise Foret and Joe Pope. Gary W. Martin, 1184 Bay Oaks Harbor Mr. Martin spoke in opposition to an increase in the water and sewer rate for the residents of Bay Oaks Harbor. He asserted that the water contained a high quantity of sulfiu and was substandard when compared to that received by other City residents. Chhreum Adair waived her right to speak when called upon. Soccro Cruz was called three times but did not appear. Rick Wagnor registered to speak on this item and donated his time to Mr. Fultz. John M. Fultz, Navasota, Texas Mr. Fultz requested that Council approve this application due to debt and repair problems. He said the requested rates are sufficient to operate the system, but not enough to bring it up to City standards. He stated that the water supplied to Bay Oaks Harbor is the same as that supplied to the rest of the City, and if a problem exists with the quality of the water, it is due to the need for repairs to the system. He reiterated Mr. Jackson's previous statement that if Council approves this item, the residents of Bay Oaks Harbor would have 90 days after notice has been served on all parties during which they may appeal the decision to the TCEQ. He noted that the City has increased its water and sewer rates, which in turn must be passed on to the ratepayers. He said that he and City Attorney Ignacio Ramirez, Sr. are working toward a means for the City to take over the system, which would be the best resolution of the problem. Council Member Murray moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. Council Member Mahan expressed sympathy for the residents of Bay Oaks Harbor. Council Member Renteria voiced opposition to approval of the ordinance, citing the lack of notice. Council Member Murray said that, while the situation is unfortunate, not approving the ordinance would only postpone the inevitable. The vote follows: Ayes: Council Members Anderson and Murray. Mayor Mundinger. Nays: Council Members Mahan and Renteria. The motion carried. ORDINANCE NO. 9917 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE RECEIVER'S THIRD AMENDED APPLICATION FOR WATER AND SEWER RATE INCREASE FOR BAY OAKS HARBOR WATER AND SEWER SYSTEM; SETTING FORTH OTHER PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 4 of 17 Minutes of the Special Session — October 26, 2004 Consider Proposed Ordinance No. 041026 -2, authorizing a contract with the Baytown Outdoor, Inc. City Council has discussed the planned Baytown Outdoor Festival on several occasions. This contract will allocate $27,000 in Hotel Motel funds for advertising and marketing services related to the event. These funds must be spent in accordance with State law governing the use of Hotel Motel funds. It is anticipated that there may be additional agreements related to this event. Mike Beard, 207 Morrell Mr. Beard spoke in favor of the adoption of the ordinance. He said the committee has received strong support from Texas Parks and Wildlife and the U.S. Army Corps of Engineers. He informed Council that the committee is now ready to hire a marketing firm to promote and brand the festival. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9918 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 LETTER AGREEMENT FOR ADVERTISING SERVICES WITH BAYTOWN OUTDOOR, INC., FOR THE BAYTOWN OUTDOOR FESTIVAL; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TWENTY -SEVEN THOUSAND AND N01100 DOLLARS ($27,000.00) FOR SERVICES UNDER THE CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 041026 -3, authorizing a contract for services with the Hispanic Chamber of Commerce of Greater Baytown. Manager Jackson stated that while this contract is similar to that between the City and the Baytown Chamber of Commerce, it covers different services. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. Mayor Mundinger expressed his appreciation of the efforts of the Hispanic Chamber of Commerce of Greater Baytown. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. Page 5 of 17 Minutes of the Special Session — October 26, 2004 ORDINANCE NO. 9919 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 LETTER AGREEMENT FOR VARIOUS COMMUNITY SERVICES WITH THE HISPANIC CHAMBER OF COMMERCE OF GREATER BAYTOWN; AUTHORIZING PAYMENT IN AN AMOUNT OF FIVE THOUSAND AND NO /100 DOLLARS ($5,000.00) FOR SERVICES UNDER THE CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 0410264, authorizing the purchase of holiday decorations for Texas Avenue. Manager Jackson explained that the City of Baytown, the Baytown Downtown Association, and the Historic Goose Creek Association would each contribute $2,000 for the decorations in order to bolster attention to the area and continue the momentum from the Downtown Master Plan. Council Member Mahan moved adoption of the proposed ordinance. Council Member Murray seconded the motion. Council Member Murray suggested that other areas of the City take advantage of public /private partnerships for holiday decorations. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF HOLIDAY DECORATIONS FOR USE ON TEXAS AVENUE IN THE AMOUNT OF TWO THOUSAND AND N0 1100 DOLLARS ($2,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 041026 -5, authorizing the payment of the outstanding debt on the ship store and common area at Bayland Island. Proposed Ordinance No. 041026 -5 authorizes the payment of the total outstanding debt in the amount of $243,262.23 on the ship store and common area at Bayland Island to Southwest Bank of Texas. Funds were included in the 2005 budget to retire the debt prior to its 2010 maturity date to reduce annual debt payments. This will complete the repayment of all the Southwest Bank of Texas debt associated with the restaurant, ships store and common area. Total interest saved will be $44,970.03 by this action. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. Mayor Mundinger commended the Finance Department for their work on this project. The vote follows: Page 6 of 17 Minutes of the Special Session — October 26, 2004 Ayes: Council Members Anderson, Mahan, Murray, and Renteria. OW Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE DEBT ON THE SHIP STORE AND COMMON AREAS AT BAYLAND ISLAND IN THE AMOUNT OF TWO HUNDRED FORTY -THREE THOUSAND TWO HUNDRED SIXTY -TWO AND 23/100 DOLLARS ($243,262.23) TO SOUTHWEST BANK OF TEXAS, SUCCESSOR IN INTEREST TO CITIZENS BANK AND TRUST COMPANY OF BAYTOWN, TEXAS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 041026 -6, authorizing a contract amendment to the Water Supply Agreement with the Baytown Area Water Authority to extend the term of the agreement and increase the contract quantity. This proposed amendment would not be effective until the effective date of the water supply contract between BAWA and the City of Houston. Additionally, the proposed amendment extends the term of the BAWA contract until December 31, 2040 and increases the contract quantity to 90% of the contract quantity that BAWA receives from the City of Houston. Specifically, the contract will be amended as follows: Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. Manager Jackson thanked Public Services Director Fred Pack and the Legal Department for their work on this project. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9922 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT AMENDMENT TO THE WATER SUPPLY AGREEMENT WITH r' THE BAYTOWN AREA WATER AUTHORITY TO EXTEND THE TERM OF THE CONTRACT AND INCREASE THE CONTRACT QUANTITY; AUTHORIZING PAYMENT THEREOF; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Current Agreement Contract Amendment Co ntract uanti 10.71 million gallons per day 14.22 million gallons per da Ex iration Date December 31, 2020 December 31, 2040 Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. Manager Jackson thanked Public Services Director Fred Pack and the Legal Department for their work on this project. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9922 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT AMENDMENT TO THE WATER SUPPLY AGREEMENT WITH r' THE BAYTOWN AREA WATER AUTHORITY TO EXTEND THE TERM OF THE CONTRACT AND INCREASE THE CONTRACT QUANTITY; AUTHORIZING PAYMENT THEREOF; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 17 Minutes of the Special Session — October 26, 2004 Consider Proposed Ordinance No. 041026 -7, authorizing a supplemental agreement to the professional services agreement for the James Street Elevated Storage Tank Rehabilitation Project. Proposed Ordinance No. 041026 -7 authorizes a supplemental agreement to the professional services agreement with Swain & Associates, Inc., for the James Street Elevated Storage Tank Rehabilitation Project. This amendment will increase the contract amount by $19,000. This amendment will cover the addition of the James Street elevated tank, which is currently under construction. The original agreement with the consultant was in the amount of $18,500. The contract amendment outlines a detailed scope of work with associated fees. The amended contract amount will be $37,500. The $19,000 contract amendment includes basic services of $18,500 and $500 for reimbursables. The fees have been carefully evaluated and they are in line with the standard fee curves for professional engineering and inspection services. The 2003 Certificates of Obligation will fund this project. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. Council Member Anderson expressed concern regarding the appearance of the area in which the work is being done. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9923 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 SUPPLEMENTAL AGREEMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SWAIN & ASSOCIATES, INC., FOR THE JAMES STREET ELEVATED STORAGE TANK PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED NINETEEN THOUSAND AND NO 1100 DOLLARS ($19,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 041026 -8, awarding a professional services contract to prepare plans and specifications as well as inspection services and provide inspection services for the Park Street Water Tank Rehabilitation Project. Proposed Ordinance No. 041026 -8 awards a professional services contract in the amount of not to exceed $19,000 for consulting services to Swain and Associates, Inc., for the preparation of plans and specifications as well as inspection services for the Park Street Water Tank Rehabilitation Project. Compensation for basic services will not exceed $18,500 and reimbursables shall not exceed $500. The scope of work for this project includes preparing plans and specifications in order to make repairs to the platform/balcony, paint the tower, and replace the existing fences at the Park Street tank as well as the West Main and East James tank locations. The contract will also include inspection and project management services during the construction phase of the project. This project will be funded from the 2004 Certificates of Obligation. Page 8 of 17 Minutes of the Special Session — October 26, 2004 Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9924 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 SWAIN & ASSOCIATES, INC., FOR THE PARK STREET WATER TANK REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED NINETEEN THOUSAND AND N01100 DOLLARS ($19,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 041026 -9, approving payment to the Texas Comptroller of Public Accounts for reimbursement of local sales tax that was previously paid in error to the Baytown Crime Control and Prevention District. Proposed Ordinance No. 041026 -9 approves payment in the amount of $67,172.93 to the Texas Comptroller of Public Accounts for reimbursement of local sales tax that was previously paid in error to the Baytown Crime Control and Prevention District. An allocation was made from former CCPD funds in the 2005 budget for this payment. The same entity has incorrectly paid sales tax to the City. Due to statutory confidentiality, the entity outside the district that collected and paid the sales tax in error may not be disclosed. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9925 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF SIXTY -SEVEN THOUSAND ONE HUNDRED SEVENTY -TWO AND 93/100 DOLLARS ($67,172.93) TO THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS FOR REIMBURSEMENT OF LOCAL SALES TAX THAT WAS PREVIOUSLY PAID IN ERROR TO THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 17 Minutes of the Special Session — October 26, 2004 Consider Proposed Ordinance No. 041026 -10, awarding a Bank Depository Services Contract. Consider Proposed Ordinance No. 041026 -10, awarding a contract for Bank Depository Services with Bank One, NA. Requests for proposals were sent to eleven local institutions. Four responses were submitted on June 30, 2004. The City approved an extension with Southwest Bank to allow time for the completion of negotiations with Bank One, NA. That agreement will expire December 31, 2004. The Finance Department recommends Bank One, NA. This recommendation was presented to the Finance Committee on August 31, 2004 and the committee concurs. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9926 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 DEPOSITORY SERVICES AGREEMENT WITH BANK ONE, NA; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 041026 -11, approving Change Order Number 2 to the contract with Morganti Texas, Inc., relating to the Wayne Gray Sports Complex Project. Proposed Ordinance No. 041026 -11 approves Change Order Number 2 to the contract with Morganti Texas, Inc., relating to the Wayne Gray Sports Complex Project to include items related to the project, including the extension of water lines for field maintenance, the addition of fire hydrants, and the construction of a connecting walkway between the two complexes. The proposed Change Order includes the following: ➢ Extension of the 8" water line and 2 fire hydrants $13,968.32 ➢ Irrigation for 8 fields (16 quick connect valves) $16,335.91 ➢ Connecting 8 -foot wide walkway between complexes $17,617.00 ➢ Additional reinforcing steel for concrete walk/driveways $ 7,288.88 ➢ Additional electrical conduit for the score boxes $ 3,622.69 ➢ Additional welded cross braces on each of the 8 backstops $ 2,999.11 ➢ Total $61,831.91 The original contract for the Sports Complex, in the amount of $2,143,000, was approved by Council on June 10, 2004. Council approved Change Order No. 1 on September 9, 2004, adding $418,000, for a 60 x 100 foot pavilion and 102 additional parking spaces on the North Main side of the park, increasing the total amount to $2,561,000. The proposed change order will increase the contract by $61,831.91 to $2,622,831.91. Morganti Texas, Inc., has agreed to convert this contract from a unit price bid to a lump sum bid including both change orders totaling $2,622,831.91 hereby avoiding any future change orders unless there is a need for a change in scope. Funding is available through an Interlocal Agreement with the Baytown Municipal Development District. Page 10 of 17 Minutes of the Special Session — October 26, 2004 Manager Jackson said that the items in proposed change order add value and are desirable for the project. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9927 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH MORGANTI TEXAS, INC., FOR THE WAYNE GRAY SPORTS COMPLEX PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -ONE THOUSAND EIGHT HUNDRED THIRTY -ONE AND 91 /100 DOLLARS ($61,831.91); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 041026 -1, nominating Bayer MaterialScience, L.L.C., to the Office of the Governor, Economic Development and Tourism through the Economic Development Bank as an enterprise project. This item was discussed during the work session held on October 14, 2004. Manager Jackson stated that this additional action is necessary in order to provide incentives in the census block and points for a competitive application to acquire the designation. Council Member Renteria moved adoption of the proposed resolution. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING BAYER MATERIALSCIENCE LLC TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT & TOURISM, THROUGH THE ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFED BUSINESS AND TRIPLE JUMBO ENTERPRISE PROJECT PURSUANT TO CHAPTER 2303 OF THE TEXAS GOVERNMENT CODE; PROVIDING LOCAL INCENTIVES; MAKING OTHER PROVISIONS ASSOCIATED THEREWITH; AND PROVIDING FOR THE EFFECTIVE THEREOF. Page 11 of 17 Minutes of the Special Session — October 26, 2004 Consider Proposed Resolution No. 041026 -2, granting a petition for annexation of 66.869 acres of land south of Needlepoint Road in Harris County submitted by Moody Simmons Baytown LTD and Moody Simmons Baytown II, LTD. Proposed Resolution No. 041026 -2 grants the petition for annexation submitted by Moody Simmons Baytown, LTD., and Moody Simmons Baytown II, LTD., to annex 66.869 acres of land in the William Bloodgood Survey, A -4, south of Needlepoint Road in Harris County, Texas. The property is a proposed extension of the Hunters Creek residential subdivision previously considered by City Council. The petition has been submitted as a prerequisite for obtaining utility services. Upon commencement of annexation proceedings, staff recommends the inclusion of that portion of the right - of -way of Needlepoint Road that is not within the city limits. Council Member Mahan moved adoption of the proposed resolution. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF MOODY SIMMONS BAYTOWN, LTD., AND MOODY SIMMONS BAYTOWN II, LTD., CONCERNING THE ANNEXATION OF 66.869 ACRES OF LAND IN THE WILLIAM BLOODGOOD SURVEY, A -4, SOUTH OF NEEDLEPOINT ROAD IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 041026 -3, approving guidelines for the Senior/Disabled Citizens Transportation Program. The Senior/Disabled Citizen Transportation Program (the "Program ") is sponsored by the Community Development Block Grant program in collaboration with the Harris County Coordinated Transportation Program (HCCTP). The goal of the Program is to provide eligible senior and disabled citizens non - emergency transportation services within the city limits of Baytown and to and from Houston for medical appointments. The City of Baytown will use CDBG funds to purchase ride coupons from Hams County that will provide eligible residents with free and/or reduced transportation service. Harris County receives funding from Houston - Galveston Area Council and Texas Department of Transportation to operate HCCTP. Each eligible participant will be given 36 ride coupons for a six -month period. Each ride coupon has a face value of $5; however, the City will be able to purchase a ride coupon for $1. Each ride coupon affords the participant up to three miles of non - emergency transit service with a HCCTP transit provider. The number of coupons required for a single one -way trip is based on mileage. Transportation service is available using advanced reservations for ride sharing with other passengers. The City successfully operated a similar program for nearly three years using TxDOT funds until all funds were depleted. Page 12 of 17 Minutes of the Special Session — October 26, 2004 The funding and program concept was reviewed with the Community Development Advisory Committee and the FY2004 CDBG budget includes $30,000 for this activity. Council Member Renteria moved adoption of the proposed resolution. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING GUIDELINES FOR THE SENIOR/DISABLED CITIZEN TRANSPORTATION PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 0410264, amending the guidelines for the Senior/Disabled Citizens Taxi Program. The Senior/Disabled Citizens Taxi Program currently provides four one -way rides per month not to exceed $6 per ride to 268 income - eligible senior and disabled citizens. The goal of the Program is to provide non - emergency transportation services within the city limits of Baytown to eligible senior citizens and disabled citizens that earn no more than 30% of the area's median income. This amendment will decrease the benefit to two one -way rides per month not to exceed $6. Due to an increase in ridership and cost of transportation, the Program is being revised to maximize the limited CDBG funding by supplementing the service with alternative funding. Participants will receive additional transportation service via the Harris County Coordinated Transportation Program ( HCCTP). The proposed amendment and development of the HCCTP should yield a significant cost savings to CDBG and increase overall transit service to low- income senior and disabled citizens within Baytown. The revised Program will become effective November 1, 2004. Council Member Renteria moved adoption of the proposed resolution. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE GUIDELINES FOR THE SENIOR/DISABLED CITIZEN TAXICAB PROGRAM; ESTABLISHING THE COMMENCEMENT DATE FOR THE AMENDED GUIDELINES; AND PROVIDING A REPEALING CLAUSE. Page 13 of 17 Minutes of the Special Session — October 26, 2004 Consider approving plans and specifications and authorizing advertisement for bids for the Texas Avenue Lift Station Project The scope of work includes demolishing the existing lift station and constructing a new lift station in its place. The work includes, but is not limited to, a new wet/dry pit structure, pumping units, valves, piping, electrical controls, and civil site improvements. The estimated construction cost for the project, which includes a fifteen percent contingency, is $855,000. The allotted construction duration for the project is 180 calendar days. The 2003 Certificates of Obligation will fund this project. Council Member Renteria moved approval of plans and specifications for the Texas Avenue Lift Station Project and authorization for advertisement for bids. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. Consent Agenda a. Proposed Ordinance No. 041026 -12 authorizes a contract with Thielsch Engineering, Inc., for the cost determination for meter replacement program in the amount of $30,000. b. Proposed Ordinance No. 041026 -13 authorizes the purchase of one Peterbilt 335 truck with a Printice 124 loader and Warren trash body from Rush Equipment Center in the amount of $120,000 including Houston Galveston Area Council (H -GAC) fee. The H- GAC fee is $1,000. This equipment replaces Unit #3103, 1995 GMC with Prentice Picker, with 96,635 miles for the Solid Waste Department. C. Proposed Ordinance No. 041026 -14 authorizes the purchase of 11 vehicles for the Police Department from Philpott Motors through Houston Galveston Area Council (H- GAC) in the amount of $218,535.96 including H -GAC fee. The H -GAC fee is $600. All of the vehicles are replacement vehicles. The vehicles being replaced are as follows: Unit Year Make Model Mileage 0149 2001 FORD CROWN VIC 100,177 0153 2001 FORD CROWN VIC 97,233 0156 2001 FORD CROWN VIC 107,659 0074 2000 FORD CROWN VIC 85,321 0072 2000 FORD CROWN VIC 109,674 0070 2000 FORD CROWN VIC 104,031 0066 2000 FORD CROWN VIC 99,911 0046 2000 FORD CROWN VIC 90,456 9965 1999 FORD CROWN VIC 102,137 9964 1999 FORD CROWN VIC 102,917 9962 1999 FORD CROWN VIC 99,407 9966 1999 FORD CROWN VIC 98,966 9765 1997 FORD CROWN VIC 91,395 Page 14 of 17 Minutes of the Special Session — October 26, 2004 d. Proposed Ordinance No. 041026 -15 authorizes the purchase of five Chevrolet vehicles, one one -half ton extended cab pickup, one three - quarter ton crew cab pickup, two one - half ton pickups, and one one -half ton cargo van from Lawrence Marshall Chevrolet through Houston Galveston Area Council (H -GAC) in the amount of $82,889 including H -GAC fee. The H -GAC fee is $600. All vehicles are replacement vehicles as follows: Pollution Control Unit # 1701 1993 Ford % ton Mileage 84150 Parks Unit #533 1997 Chevy 1 ton Mileage 88,125 Water Distribution Unit #5140 1995 Chevy %: ton Mileage 183,496 Wastewater Treatment Unit #789501989 Chevy' /o ton Mileage 124,875 Radio Shop Unit #9063 1990 GMC Safari Van Mileage 104,419. e. Proposed Ordinance No. 041026 -16 authorizes the purchase of two Ford vehicles, one Ranger pickup and one Ford Expedition from Philpott Motors through the Houston Galveston Area Council (H -GAC) in the amount of $37,503.40 including H -GAC fee. The H -GAC fee is $600.00. All vehicles are replacement vehicles as follows: Inspection Unit 499523 1995 Ford Taurus Mileage 114,142 EMS Unit #9654 1996 Jeep Cherokee Mileage 113,395. f. Proposed Ordinance No. 041026 -17 authorizes the purchase of one John Deere 5320 tractor with flail mower for Wastewater Treatment from Brookside Equipment Sales, Inc., in the amount of $26,372.50 through the Texas Local Government Purchasing Cooperative (Buyboard). This is new equipment. g. Proposed Ordinance No. 041026 -18 awards the annual sulfur dioxide contract to DXI Industries, Inc., in the amount of $50,800. Invitations to bid were mailed to three suppliers and we received one bid. The quantities remain the same as last year. The price per ton is $508. This contract is used for dechlorination in the wastewater treatment plants. h. Receive the investment report for the period ending September 30, 2004 for the City of Baytown. The Finance Committee reviewed the reports prior to the Council Work Session. Council Member Anderson moved adoption of the consent agenda, items a through h. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. Page 15 of 17 Minutes of the Special Session — October 26, 2004 ORDINANCE NO. 9928 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 A COST DETERMINATION FOR THE METER REPLACEMENT PROGRAM WITH THIELSCH ENGINEERING, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED THIRTY THOUSAND AND N0 1100 DOLLARS ($30,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9929 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY THOUSAND AND NO /100 DOLLARS ($120,000.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF A PETERBILT 335 TRUCK WITH A PRINTICE 124 LOADER AND WARREN TRASH BODY FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED THIRTY -FIVE AND 96/100 DOLLARS ($218,535.96) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ELEVEN VEHICLES FOR THE BAYTOWN POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9931 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -TWO THOUSAND EIGHT HUNDRED EIGHTY - NINE AND NO /100 DOLLARS ($82,889.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF FIVE (5) 2005 CHEVROLET VEHICLES -- ONE (1) %2 TON EXTENDED CAB PICKUP, ONE (1)'/4 TON CREW CAB PICKUP, TWO (2) %2 TON PICKUPS, AND ONE (1) %2 TON CARGO VAN; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9932 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY -SEVEN THOUSAND FIVE HUNDRED THREE AND 40/100 DOLLARS ($37,503.40) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF TWO (2) 2005 FORD VEHICLES -- ONE (1) RANGER PICKUP AND ONE (1) EXPEDITION; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 16 of 17 Minutes of the Special Session — October 26, 2004 ORDINANCE NO. 9933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY -SIX THOUSAND THREE HUNDRED SEVENTY -TWO AND 50/100 DOLLARS ($26,372.50) TO BROOKSIDE EQUIPMENT SALES, INC., FOR THE PURCHASE OF ONE (1) JOHN DEERE 5320 TRACTOR WITH FLAIL MOWER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DXI INDUSTRIES, INC., FOR THE ANNUAL SULFUR DIOXIDE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY THOUSAND EIGHT HUNDRED AND NO 1100 DOLLARS ($50,800.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approval of City Manager's appointment of Fire Chief. Council Member Mahan moved approval of the City Manager's appointment of Interim Fire Chief Shon Blake as Fire Chief. Council Member Renteria seconded the motion. It was noted that Mr. Blake is a dedicated employee, that staff was pleased with his performance as interim Fire Chief and he is willing to perform a difficult job for the City. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. Consider appointment to the Construction Board of Adjustments and Appeals. This item was postponed until the next regular Council meeting to be held on November 11, 2004. Consider appointments to the Community Development Advisory Committee. It is necessary to appoint members of the Community Development Advisory Committee in order to hold public hearings, review the status of funded programs, and establish an annual budget for the Community Development Block Grant funds. Terms for the following members will expire on January 1, 2005: Aida Rendon of District 1, Rebecca Greathouse of District 2, Eric Halverson of District 4, and Joe Frank Robins of District 6. Norman Barnett of Council District 5 is resigning because he has relocated to another district. The remaining members have agreed to serve an additional term, if reappointed. Page 17 of 17 Minutes of the Special Session — October 26, 2004 Between October 2003, and September 30, 2004, the Community Development Advisory Committee held six meetings. The attendance record for each member is as follows: Aida Rendon — 5 Eric Halverson — 5 Rebecca Greathouse - 3 Joe Frank Robins — 6 Council Member Renteria moved appointment of Rebecca Greathouse, Eric Halverson, and Joe Frank Robins to the Community Development Advisory Committee. Council Member Anderson seconded the motion. Appointments for Districts 1 and 5 will be considered at the next regular Council meeting to be held on November 11, 2004. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. City Manager's Report. Manager Jackson reminded Council of Texas Recycles Day Weekend, to be held on November 12 and 13, 2004. Mr. Jackson announced that Lynda Kilgore, Municipal Court Administrator, had received the Award of Excellence from the Texas Court Clerks Association. Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:52 p.m. �Cu 40b G. Gary VV. Smith City Clerk