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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. Page 4 of 15 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. Page 5of15 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. Page 6 of 15 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. Page 7 of 15 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. Page 8 of 15 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. Page 1 l of 15 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. Page 12 of 15 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