2005 02 10 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 10, 2005
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on February 10, 2005, at 6:30
p.m. in the Council Chamber of Baytown City Hall with the following in attendance:
Sammy Mahan
Don Murray
Mercedes Renteria III
Scott Sheley
Sheryl G. Ward
Calvin Mundinger
Gary M. Jackson
Bob Leiper
Ignacio Ramirez, Sr.
Gary W. Smith
Council Member Anderson was absent.
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Deputy City Manager
City Attorney
City Clerk
The meeting was opened with a quorum present. Mayor Mundinger recognized the high school
students present and acknowledged the presence of former Council Member Perry Simmons. Council
Member Sheley 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 January 27, 2005.
Council Member Renteria moved approval of the minutes of the work session and regular meeting held
on January 27, 2005. Council Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward..
Mayor Mundinger.
Nays: None.
The motion carried.
Consider approval of minutes of the special meeting held on January 31, 2005.
Council Member Sheley moved approval of the minutes of the special meeting held on January 31,
2005. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 2 of 15
Minutes of the Regular Session — February 10, 2005
Citizen Communication:
Sandy Elms, P. O. Box 20832, Beaumont, addressed the utility bill for her parents, Mr. and Mrs. R. W.
Druce at 104 Tanglewood. Ms. Elms stated that, due to the malfunction of the remote -read device, the
water reading of her parents' water meter had been erroneous for the time period beginning June 1,
2001 until November 22, 2004, that her parents had signed a payment agreement under duress, and
requested that the amount of the back bill be either reduced or waived in its entirety.
Rhonda Young, City Treasurer, informed Council that such errors are discovered occasionally. She
said that, while the meter contained the correct reading, it had not been accessible. Due to the
malfunction of the remote -read device, which had been checked over a period of time and appeared to
be functioning normally, the remote -read gave a false reading. Once the malfunction had been
discovered, the amount that should have been paid for the use of the water which went through the
meter had been calculated against the amount which had been paid during that time. In such situations,
the customer is given the same timeframe to repay the amount due as the amount of time during which
the malfunction occurred. She noted that, according to the City Attorney, water is considered City
property and as such, may not be given away.
After discussion, it was the consensus of Council present that this item be deferred until the next
regular meeting in order to give staff time to assimilate information and suggestions from Council
regarding a solution to the issue.
Presentation of the Gold Award to the City of Baytown by United Way.
Wynona Montgomery, United Way Campaign Chair, presented the Gold Award to Gregory Stubbs,
Director of Planning and Community Development, who spearheaded the City's campaign for 2004-
2005. The award is presented to an entity showing increased contributions over the prior year. The
City of Baytown employees' donations rose 14% over those in 2003 -2004.
Conduct the first public hearing on the proposed continuation and amendment of the curfew
ordinance.
The public hearing was called to order at 6:57 p.m.
Members of Council have requested the consideration of a daytime juvenile curfew. In order to adopt
an amendment to the present curfew ordinance, Council must conduct two public hearings. This is the
first public hearing on the proposed continuation and amendment of the curfew ordinance. Pursuant to
Section 370.002 of the Texas Local Government Code, the curfew ordinance must be reviewed every
third (P) year to evaluate its effects on the community, its effects on problems the ordinance was
intendcd to remedy, and the need to continue, abolish, or amend the curfew ordinance. Tex. Loc.
Gov't Code Ann. §370.002 (Vernon 1995).
The City's juvenile curfew ordinance was originally passed on April 28, 1994, and last reviewed on
April 24, 2003. Prior to deciding whether to abolish, continue, or modify the ordinance, the City
Council must hold multiple public hearings. This is the first public hearing on the curfew ordinance
conducted by the City Council.
The following persons signed to address Council on this item:
Page 3 of 15
Minutes of the Regular Session — February 10, 2005
Larry Munn, 2900 W. Baker Road
Mr. Munn protested both the current nighttime juvenile curfew ordinance and the amendment thereto
which would add a daytime curfew.
Cyndi Montgomery, 3501 Knight Lane
Ms. Montgomery expressed opposition to a daytime curfew.
City Manager Jackson reviewed the deliberations which had taken place during the work session held
prior to the meeting regarding this issue.
After brief discussion, it was the consensus of Council present that more information and study is
necessary due to the effects such an amendment would have in several areas, including the budget of
the Police Department. It was noted that the time for a second public hearing is entirely dependent
upon the wish of Council to further pursue the issue..
The public hearing was closed at 7:10 p.m.
Consider Proposed Ordinance No. 050210 -1, authorizing the issuance of $5,060,000 City of
Baytown, Texas, General Obligation Bonds, Series 2005.
Drew Masterson, First Southwest, informed Council that the bidding process for the bond sale had
been conducted over the Internet. The low bid had been submitted by UBS Financial Securities, a part
of Citigroup, RBC Dain Rauscher, and Southwest Securities. The interest rate is 3.994081 %, the
lowest rate in ten years. He explained that the bonds will be insured by XL Capital. The underlying
ratings of the bonds (without insurance) from Moody's are Aa3 and AA- from S &P.
Proceeds from the sale of the Series 2005 General Obligation Bonds will be used for Street and
Drainage Projects, Fire Fighting Facilities, and to pay for the costs associated with the issuance of the
Series 2005 General Obligation Bonds.
Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 9995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE ISSUANCE OF $5,060,000 CITY OF BAYTOWN, TEXAS, GENERAL
OBLIGATION BONDS, SERIES 2005; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session — February 10, 2005
Consider Proposed Ordinance No. 050210 -2, authorizing the issuance of $13,370,000 City of
Baytown, Texas, Tax and Revenue Certificates of Obligation, Series 2005.
Mr. Masterson explained that the interest rate obtained for the Certificates of Obligation through the
Texas Water Development Board is 3.03 %.
Proceeds from the sale of the Series 2005 Tax and Revenue Bonds will be used for the City's
waterworks and sanitary sewer system and to pay for the costs associated with the issuance of the
Series 2005 Tax and Revenue Certificates of Obligation.
Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 9996
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
THE ISSUANCE OF $13,370,000 CITY OF BAYTOWN, TEXAS, TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2005; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF
Consider Proposed Ordinance No. 050210 -3, adopting the flood mitigation plan for the City of
Baytown.
Proposed Ordinance No. 050210 -3 adopts the flood mitigation plan titled, "City of Baytown Flood
Mitigation Plan." The plan addresses specific flood hazard mitigation projects and will provide
additional Community Rating System (CRS) credit. An improved CRS score will further reduce flood
insurance premiums for the citizens of Baytown. Additionally, the adoption of this plan is necessary
for the City to be eligible for Federal hazard mitigation grants. The plan was discussed at the January
13, 2005 City Council work session and a public hearing was held during the January 27, 2005 regular
Council meeting.
Council Member Ward moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
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Minutes of the Regular Session — February 10, 2005
ORDINANCE NO. 9997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING
THE FLOOD MITIGATION PLAN FOR THE CITY OF BAYTOWN; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 0502104, authorizing an agreement with the Bay Oaks
Harbor Property Owners' Association and John M. Fultz, Court Appointed Receiver for Bay
Oaks Harbor Water and Sewer System, relating to the investigative study of the water and
wastewater systems in Bay Oaks Harbor Subdivision, Section I.
The agreement provides for the POA funding of up to $50,000 for an investigative study of the water
and sewer system in Bay Oaks Harbor to determine an estimate for repairs to bring it into compliance
with TCEQ and City requirements. The Receiver for the utility system, Mr. Fultz, is providing
permission for the study to be conducted on the system. The proposal for services received from
Langford Engineering estimates a fee of $43,980 for the three -phase study and report.
Deputy City Manager Bob Leiper and Mitchell Pearce were commended for the development of the
agreement.
Council Member Mahan moved adoption of the proposed ordinance. Council Member Ward seconded
the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 9998
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 JOHN M. FULTZ, COURT APPOINTED
RECEIVER FOR BAY OAKS HARBOR WATER AND SEWER SYSTEM, AND THE BAY OAKS
HARBOR PROPERTY OWNERS' ASSOCIATION RELATING TO AN INVESTIGATIVE STUDY
OF THE WATER AND WASTEWATER SYSTEMS IN BAY OAKS HARBOR SUBDIVISION,
SECTION I; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050210 -5, authorizing a professional services agreement with
Langford Engineering, Inc., to perform an investigative study of the water and wastewater
systems in Bay Oaks Harbor Subdivision, Section I.
Langford Engineering was selected by the City Council A &E Committee for consideration of these
professional services. Langford has submitted a proposal for a three -phase investigative study and
report on the water and sewer system in Bay Oaks Harbor Subdivision at an estimated cost not to
exceed $43,980.
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Minutes of the Regular Session — February 10, 2005
The Engineering Department has reviewed the proposal and deemed it appropriate in scope and cost.
This work will be funded through a contract with the Bay Oaks Harbor Property Owners Association.
Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 9999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER NEGOTIATE A PROFESSIONAL
SERVICES AGREEMENT WITH LANGFORD ENGINEERING, INC., TO PERFORM AN
INVESTIGATIVE STUDY OF THE WATER AND WASTEWATER SYSTEMS IN BAY OAKS
HARBOR SUBDIVISION, SECTION I IN AN AMOUNT NOT TO EXCEED FORTY -THREE
THOUSAND NINE HUNDRED EIGHTY AND NO /100 DOLLARS ($43,980.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 050210 -6, making a change in the City of Baytown's Fiscal
Year 2004 -2005 Budget for municipal purposes for extraordinary expenses related to the
December 20, 2004, fire on Burning Tree and fire contract costs.
Funding is available in the Contingency, Personnel (Administration), Unforeseen/New Initiatives and
Capital Lease Purchases Accounts to Personnel (Fire) and Supply Accounts to provide for these
purposes.
Council Member Renteria moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. City Manager Jackson responded to a question regarding the funding sources.
He explained that $40,000 will be transferred from unexpended monies in the new Assistant City
Manager salary account to the regular fire salary account, $40,000 from the Contingency account will
be transferred to the overtime Fire Department salary account, and $10,000 will be transferred from the
Contingency account to the Fire Department Equipment account.
The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carved.
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Minutes of the Regular Session — February 10, 2005
ORDINANCE NO. 10000
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 REPROGRAM FUNDS IN THE CONTINGENCY,
PERSONNEL (ADMINISTRATION), UNFORESEEN/NEW INITIATIVES AND CAPITAL
LEASE PURCHASES ACCOUNTS TO PERSONNEL (FIRE) AND SUPPLY ACCOUNTS FOR
EXTRAORDINARY EXPENSES RELATED TO THE DECEMBER 20, 2004, FIRE ON BURNING
TREE AND FIRE CONTRACT COSTS; MAKING OTHER REPRESENTATIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050210 -7, approving the collective bargaining agreement with
Baytown Professional Fire Fighters Association, Local 1173.
The agreement is for a term commencing on February 16, 2005 and ending on September 30, 2007,
with the compensation portion of the agreement being effective commencing with the first full pay
period after the approval of the contract by the City Council. The Baytown Professional Fire Fighters
Association, Local 1173, approved this contract at its election held on January 27 -29, 2005.
City Manager Jackson explained the elements of the Collective Bargaining agreement, as follows:
• It is a three year agreement;
• It eliminates the option for the Fire Chief to extend probation by 6 months;
• It gives the firefighters a 4% across - the -board salary increase for 2005;
• The Ratification Incentive is equal to 4% of pay from January 1 - February 15, 2005;
• There will be an increase in Educational Certification Pay beginning in Year Two;
• The Hazmat Certification pay is contingent on the operation of a regional hazmat program;
• It includes a reduction in pay tiers for Lt., BC and AC beginning in Year Two with additional
reductions in Year Three;
• The Association may reopen compensation negotiations for Years Two and Three; and,
• If compensation is reopened, the City may reopen one additional article.
The following person signed to address Council on this item:
Charles Murrell, 5314 Louise
Mr. Murrell urged Council to adopt the ordinance.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
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Minutes of the Regular Session — February 10, 2005
ORDINANCE NO. 10001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL
1173 FOR THE TERM FEBRUARY 16, 2005, THROUGH SEPTEMBER 30, 2007; PROVIDING
FOR A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050210 -8, awarding the construction contract for the
Steinman Sanitary Sewer Rehabilitation Project, Phase II.
Proposed Ordinance No. 050210 -8 awards a construction contract, in the amount of $468,791.50, to
PM Construction & Rehab, L.P. for the Steinman Sanitary Sewer Rehabilitation Project, Phase H. The
scope of work includes the rehabilitation of approximately 7,680 linear feet of sanitary sewer lines in
the Steinman Lift Station service area primarily using the pipe bursting method. This work is
necessary to alleviate sanitary sewer overflow problems within the area. The construction duration for
this project is 140 calendar days and will be funded by 2003 and 2004 Certificates of Obligation.
Council Member Renteria left the meeting at 7:42 p.m.
Council Member Mahan moved adoption of the proposed ordinance. Council Member Ward seconded
the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10002
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO
A CONTRACT WITH PM CONSTRUCTION & REHAB, L.P., FOR THE STEINMAN SANITARY
SEWER REHABILITATION PROJECT, PHASE Il; AUTHORIZING PAYMENT OF THE SUM OF
FOUR HUNDRED SIXTY -EIGHT THOUSAND SEVEN HUNDRED NINETY -ONE AND 50/100
DOLLARS ($468,791.50); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050210 -9, amending Chapter 98 "Utilities" of the Code of
Ordinances, City of Baytown, Texas, by adding a new article to be numbered and entitled Article
VII "in-City Municipal Utility Districts" to establish procedures for the creation of in -city
municipal utility districts.
Council has previously discussed a request by a developer to create a MUD within the city limits and
will consider official action on the request in the near future. Prior to consideration of approval of
such a request Council must establish a set of procedures. This ordinance adopts procedures in
accordance with State law governing the creation of in -city MUDs.
Page 9 of 15
Minutes of the Regular Session — February 10, 2005
Council Member Renteria returned to the meeting at 7:44 p.m.
City Manager Jackson informed Council that an amended ordinance had been placed before them.
Council Member Renteria moved adoption of the proposed ordinance, as amended. Council Member
Sheley seconded the motion. City Manager Jackson responded to a question regarding package sewer
plants in in -City MUDs. He said that it is dependent upon the utility availability; however, the use of a
MUD allows reimbursement to the developer. The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 98 "UTILITIES" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, BY ADDING A NEW ARTICLE TO BE NUMBERED AND ENTITLED
ARTICLE VII "IN-CITY MUNICIPAL UTILITY DISTRICTS," IN ORDER TO ESTABLISH AND
DELINEATE THE PROCEDURES, CONDITIONS, GUIDELINES AND RULES ADDRESSING
THE REQUIREMENTS FOR THE CREATION OF IN-CITY MUNICIPAL UTILITY DISTRICTS ";
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS
($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Consent Agenda
a. Proposed Ordinance No. 050210 -10 approves the purchase and partial donation of 5.0
acres of land from the CFTR -12, Inc., for the Goose Creek Stream Greenbelt Trail
Phase IV project. The 5.0 -acre tract of land is valued at $6,020. The cost to the City of
Baytown for the property is $2,154.90. The CFTR will also donate the balance of the
value to the City of Baytown totaling $3,865.10. The Goose Creek trail property will be
purchased with an 80/20 grant utilizing Congestion Mitigation Air Quality (CMAQ)
funds administered by the Texas Department of Transportation (TxDOT). (80%
CMAQ funds - $1,723.92, 20% City of Baytown MDD funds - $430.98).
b. Consider Proposed Ordinance No. 050210 -11 approves contract addendum Number 2,
in the amount of $23,601.28, to Halff Associates, Inc., to prepare plans and
specifications for the Goose Creek Stream Greenbelt Trail — Phase IV. This 1.25 mile
extension of the Goose Creek trail will be constructed with an 80/20 grant utilizing
CMAQ funds administered by the Texas Department of Transportation (TxDOT).
Funding was approved at the November 6, 2001 Municipal Development District
(MDD) meeting (Resolution Number 11) and the agreement between the MDD and the
City of Baytown was also approved by Council on November 6, 2001 (Ordinance
Number 9264).
Page 10 of 15
Minutes of the Regular Session — February 10, 2005
At the November 20, 2001 council meeting, Council approved the CMAQ contract
with TxDOT. Council awarded the planning and engineering contract to Halff
Associates, Inc., at the December 12, 2002 meeting and approved addendum number 1
on October 9, 2003. Mark Patterson, contracts administrator with the Texas
Department of Transportation has reviewed and approved the contract amendment.
After reviewing the data received by the consultant, the Corps of Engineers will require
the City to apply for a permit. The fee for the permit was not included in the previous
agreement with Halff and is included in addendum Number 2. Also included in this
addendum is the conversion of the drawings from 1993 Texas Standards Specification
to 2004 Texas Standard Specifications, ownership mapping, plat services for up to three
parcels for land acquisition and additional surveying required by the Corps in
delineating the wetlands that are near the trail location. The proposed trail will connect
Goose Creek Park located next to West Texas Avenue, will follow Goose Creek, and
will end at Garth Road at Shillings Street. An additional trail will connect to the
Central Little League Park trail and the Graywood Subdivision. The project is
scheduled for a December 2005 letting.
C. Proposed Ordinance No. 050210 -12 awards the second renewal of the annual lifeguard
services contract, in the amount of $60,706.20, with Baytown Family YMCA. This
contract is for lifeguard services and day -to -day pool operation for two (2) pools, N. C.
Foote Pool, and Sports Complex Pool, for the 2005 swim season. The contractor has
exclusive responsibility for managing and operating the two swimming pools for the
City of Baytown. The responsibilities include maintaining proper PH and chlorine
levels; collection of daily admission fees; pool and janitorial maintenance; and
provision of proper staffing for all operations. This is the third year of the contract.
Funding is available in the Parks and Recreation budget.
d. Proposed Ordinance No. 050210 -13 awards the bid, in the amount of $42,840., to
Polydyne, Inc., for the annual cationic polymer supply contract. Invitations to bid were
sent to eight (8) suppliers and three (3) responses were received. This contract is used
by the Wastewater Treatment plants in flocculation applications utilizing belt presses
and centrifuges.
C. Proposed Ordinance No. 050210 -14 authorizes the purchase of two tape backup systems
that will be used to provide a centralized backup for both the new Windows and
RS6000 servers. The two backup systems will cost $36,922.64 and will be purchased
from International Business Machines (IBM), a Qualified Information Systems Vendor
(QISV). The current backup tape libraries are not compatible with the new server
hardware and do not provide a centralized cross - platform backup. These systems are
required to provide and to maintain the ITS disaster recovery plan. Funding is available
in the Capital Improvement Project Fund. A local government that participates in the
cooperative purchasing program established under sections 271.082 and 271.083 of the
Local Government Code satisfies otherwise applicable competitive bidding requirements
when it makes a purchase through the catalogue purchasing procedure established by
Section 2157.067 of the Government Code. The purpose of the QISV Catalogue
Purchasing Program is to allow for qualified entities (state agencies and political
subdivisions) to purchase automated information systems products and/or services in an
efficient, cost effective, and competitive procurement method.
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Minutes of the Regular Session — February 10, 2005
f. Proposed Ordinance No. 050210 -15 awards the last renewal of the annual mowing,
edging, and trimming services contract in the amount of $143,005 as follows:
SEC. I -Parks Contract Mowing sites
$36,375.00
Grant Smith
SEC. III- Community Beautification sites
(5 cycles @ $7,785.00 ea)
$38,925.00
Grant Smith
SEC. V -City facilities
$19,225.00
Grant Smith
SEC. VI -on -call only sites
$2,660.00
Grant Smith
$ 97,185.00
SEC. II- Bayland Park and Marina
$11,220.00
Niederhofer
SEC. IV -Lift Stations and Well Sites
$34,600.00 Niederhofer
$45,820.00
Grant Smith Mowing and Niederhofer Enterprises, Inc., each submitted written requests
to renew the current contract for the same pricing, terms, and conditions.
g. Proposed Ordinance No. 050210 -16 authorizes an Interlocal Agreement with Barbers
Hill ISD, Goose Creek CISD, City of Seabrook, and the City of Baytown for an auction
to be held April 2, 2005.
h. Proposed Ordinance No. 050210 -17, authorizes the City Manager to negotiate and sign
a contract for headliner entertainment for the 4`h of July Celebration. Gary Allan has
put our date on hold pending the Council's decision. Gary Allen has several top 10
Country hits including "Nothing on But the Radio" that hit number 1 on the Billboard
and Radio and Record Charts. Other songs include "Songs about Rain" and "Man to
Man." Additional information can be found at www.garyallan.com. Should we not be
able to book Mr. Allan, this item will allow staff to schedule another headliner for the
celebration. Bands under consideration include Robert Earl Keene, 38 Special and Jerry
Jeff Walker. Staff has been planning the line -up for this year's celebration for the past
several months. This year, we will have several Baytown area bands performing with a
major headliner. The other bands are the Coastliners, the Bayou Big Band, and a new
Lee College band.
i. Proposed Ordinance No. 050210 -18 approves a payment arrangement with the Texas
Comptroller of Public Accounts for the reimbursement of sales taxes paid in error to the
City of Baytown. The City received notice on August 18, 2004 from the State that a
single taxpayer filed amended returns for a refund of City of Baytown ($560,500.93)
sales tax they paid in error from January 2003 through March 2004. Adjustments were
made to revenues during the 2005 budget process to reflect this error. The State has
agreed to allow the City to reimburse the State, interest -free, over a five -year period
beginning in October 2006.
Council Member Renteria moved adoption of the consent agenda, items a through i. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
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Minutes of the Regular Session — February 10, 2005
ORDINANCE NO. 10004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE ACQUISITION OF A 5.0 -ACRE TRACT OF LAND LOCATED NEAR THE
INTERSECTION OF PARK STREET AND STATE HIGHWAY 146 FROM THE CFTR -12, INC.,
FOR THE GOOSE CREEK STREAM GREENBELT TRAIL PHASE IV PROJECT;
AUTHORIZING PAYMENT IN THE AMOUNT OF TWO THOUSAND ONE HUNDRED FIFTY -
FOUR AND 90/100 DOLLARS ($2,154.90); DIRECTING THE CITY CLERK TO FILE SAID
DEED WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL
AGREEMENT NO. 2 TO CONTRACT FOR ENGINEERING SERVICES WITH HALFF
ASSOCIATES, INCORPORATED FOR PROFESSIONAL SERVICES FOR ADDITIONAL
ENGINEERING, SURVEYING, ENVIRONMENTAL, GEOTECHNICAL, AND HYDROLOGIC
AND HYDRAULIC SERVICES ASSOCIATED WITH THE DESIGN, ENGINEERING AND
DEVELOPMENT OF PHASE IV OF THE GOOSE CREEK STREAM PEDESTRIAN TRAIL;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF TWENTY -
NINE THOUSAND SEVEN HUNDRED THIRTY -FOUR AND 40/100 DOLLARS ($29,734.40);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF BAYTOWN FAMILY YMCA FOR THE ANNUAL LIFEGUARD
SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF SIXTY THOUSAND SEVEN HUNDRED SIX AND 20 /100 DOLLARS ($60,706.20);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF POLYDYNE, INC., FOR THE ANNUAL CATIONIC POLYMER
SUPPLY CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF FORTY -TWO THOUSAND EIGHT HUNDRED FORTY AND NO /100 DOLLARS
($42,840.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF THIRTY -SIX THOUSAND NINE HUNDRED TWENTY-
TWO AND 64/100 DOLLARS ($36,922.64) TO INTERNATIONAL BUSINESS MACHINE
CORPORATION FOR THE PURCHASE OF TWO IBM TAPE BACKUP SYSTEMS; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 13 of 15
Minutes of the Regular Session — February 10, 2005
ORDINANCE NO. 10009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF GRANT SMITH MOWING AND NIEDERHOFER ENTERPRISES, INC.,
FOR THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED
FORTY -THREE THOUSAND FIVE AND NO /100 DOLLARS ($143,005.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 10010
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 BARBERS HILL
INDEPENDENT SCHOOL DISTRICT, GOOSE CREEK CONSOLIDATED INDEPENDENT
SCHOOL DISTRICT, AND THE CITY OF SEABROOK FOR A COOPERATIVE AUCTION TO
BE HELD ON APRIL 2,2005; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT
FOR HEADLINER ENTERTAINMENT FOR THE 4TH OF JULY CELEBRATION;
AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED THIRTY -ONE THOUSAND
AND NO /100 DOLLARS ($31,000.00); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 10012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING A PAYMENT ARRANGEMENT WITH THE TEXAS COMPTROLLER OF PUBLIC
ACCOUNTS FOR REIMBURSEMENT OF LOCAL SALES TAX TOTALING FIVE HUNDRED
SIXTY THOUSAND FIVE HUNDRED AND 93/100 DOLLARS ($560,500.93) THAT WAS
PREVIOUSLY PAID IN ERROR TO THE CITY OF BAYTOWN; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider establishing compensation of the full time Municipal Court Judge.
This item allows Council to establish the salary and car allowance of the full -time Municipal Court
Judge. The Judge, as a full -time employee, will receive the same benefits as all other full time, non -
civil service employees.
The following person signed to address Council on this item:
Mike Beard, 207 Morrell
Mr. Beard spoke regarding the activity at the juvenile court and commended Council for the
appointment of Ms. Escalante as Municipal Court Judge.
Page 14 of 15
Minutes of the Regular Session — February 10, 2005
Council Member Renteria left the meeting at 7:54 p.m.
Council Member Murray moved to establish the compensation of the full time Municipal Court Judge
at $6,160 per month, with a $300 per month car allowance. Council Member Sheley seconded the
motion. The vote follows:
Ayes: Council Members Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Discuss and take appropriate action relating to the appointment of Associate Municipal Court
Judge(s).
Mayor Mundinger informed Council present that the recommendation of the ad hoc Municipal Court
Judges Committee is as follows:
Municipal Court Judge Escalante would supervise a pool of three Associate Municipal Court Judges
who would act as independent contractors. The appointment of each Associate Municipal Court Judge
is subject to his/her execution of a contract meeting this condition. The committee submitted two
names for Council's consideration as Associate Municipal Court Judge: Michael Mark and O'Shea
Spencer.
Council Member Sheley moved to appoint Michael Mark and O'Shea Spencer to the position of
Associate Municipal Court Judge, for the remainder of the current term, contingent upon the execution
of the above referenced contract. Council Member Ward seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
City Manager's Report.
City Manager Jackson informed Council that Scott Johnson, Director of Parks and Recreation, has
been named as Director of the Year by the Texas Recreation and Park Society, Region IV.
Mr. Jackson welcomed the City's new Librarian, Katherine Brown.
Page 15 of 15
Minutes of the Regular Session— February 10, 2005
Hear the appeal of the decision of the Planning & Zoning Commission denying the parking and
OW density variance from Section 126 -386 "Site Standards" Code of Ordinances, City of Baytown,
requested by The Housing Corporation for the proposed development on Birdsong Drive near
Garth Road.
Mayor Mundinger announced that no action was required on this item because the appeal had been
withdrawn. He said that the appellant intended to resubmit his request to the Planning & Zoning
Commission for further consideration.
Consider affirming, reversing, or modifying the decision of the Planning & Zoning Commission
denying the parking and density variance from Section 126 -386 "Site Standards" Code of
Ordinances, City of Baytown, requested by The Housing Corporation for the proposed
development on Birdsong Drive near Garth Road.
No action was required because the appeal had been withdrawn.
Adjourn.
Council Member Murray moved that the meeting adjourn. Council Member Mahan seconded the
motion. The vote follows:
Ayes: Council Members Mahan, Murray, Sheley, and Ward.
Mayor. Mundinger.
Nays: None.
The motion carried.
There being no further business, the meeting adjoun - --
OW