2005 05 26 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 26, 2005
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on May 26, 2005, 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
Scott Sheley
Sheryl G. Ward
Calvin Mundinger
Gary M. Jackson
Bob Leiper
Ignacio Ramirez, Sr.
Gary W. Smith
Council Member
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. Council Member Sheley led the pledge of allegiance
and offered the invocation, after which the following business was conducted:
Consider approval of the minutes of the work session held on May 9, 2005.
Council Member Mahan moved approval of the minutes of the work session held on May 9, 2005.
Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Mahan, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
' Abstentions: Council Members Anderson, Murray, and Renteria.
The motion carried.
Consider approval of the minutes of the emergency meeting held on May 12, 2005.
Council Member Sheley moved approval of the minutes of the emergency meeting held on May 12,
2005. Council Member Ward seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
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Minutes of the Regular Session — May 26, 2005
The motion carried.
Consider approval of the minutes of the regular meeting held on May 12, 2005.
Council Member Ward moved approval of the minutes of the regular meeting held on May 12, 2005.
Council Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider approval of the minutes of the special meeting held on May 16, 2005.
Council Member Sheley moved approval of the minutes of the special meeting held on May 16, 2005.
Council Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Mahan, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
Abstentions: Council Members Anderson, Murray, and Ward.
The motion carried.
Delivery of Certificates of Election and Administer Oath of Office to the newly election Council
Members.
Mayor Mundinger delivered the Certificates of Election to Thomas Scott Sheley and Brandon
Capetillo.
Ignacio Ramirez, Sr., City Attorney and notary public, administered the oath of office to Thomas Scott
Sheley and Brandon Capetillo.
Mayor Mundinger presented a bouquet of flowers and a plaque to Council Member Ward honoring her
service to the City and District 3 as District 3 Council Member.
Council Members Sheley and Capetillo took their respective places on the Council dais.
Citizen Communications:
Randall B. Strong, 407 W. Baker Road #Z, Cedar Bayou Baytown Youth Council Apprenticeship, to
describe a paint ball field proposal and to request assistance from the City of Baytown.
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Minutes of the Regular Session — May 26, 2005
Mr. Strong was not present at the meeting.
Conduct a public hearing at 6:40 p.m. concerning the strategic partnership agreement with
Chambers County Municipal Utility District No. 1 to include the following subdivision reserves
located in Chambers County, Texas:
1. Hunters Chase Section One, Reserve A;
2. Hunters Chase Section One, Reserve B;
3. Country Meadows Section One, Reserve A;
4. County Meadows Section Five, Reserve B;
5. Pine Meadows Section One, Reserve A; and
6. Pine Meadows Section One, Reserve B.
Texas Local Government Code, Section 43.0751, requires that the City and the MUD each hold two
public hearings before the adoption of a strategic partnership agreement. At each public hearing,
members of the public who wish to present testimony or evidence regarding the proposed agreement
shall be given the opportunity to do so. This is the second of the public hearings. The first public
hearing was held during the City Council meeting on May 12, 2005. The notice of the public hearing
was published in The Baytown Sun on Tuesday, May 10, 2005, after the 20`h day before the date of the
public hearing.
The proposed strategic partnership agreement provides as follows:
• that ad valorem taxes will not be levied on the property,
• that Chambers County MUD No. 1 will retain all of its powers and functions related to
the property,
• that the City will receive sales and use taxes collected within the area of the limited
purpose annexation and the City will pay the District fifty percent (50 %) of one percent
of the sales and use tax revenues generated within the boundaries of the included
property
• that Chambers County MUD No. 1 will continue to develop, to own, and to operate and
maintain a water, wastewater, and drainage system for the property,
• that the City's regulatory authority shall include only Chapter 4 "Adult Commercial
Establishments," Chapter 42 "Health and Sanitation," Chapter 82 "Secondhand Goods,"
Article III "Junk and Automotive Wrecking and Salvage," Chapter 118 "Signs," Article
III "Regulations," Division 4 "Location," Subdivision IV "Off- Premise Signs" along
with all other provisions regulating Off - Premise Signs, and Chapter 130 "Zoning," and
• that the City will provide enforcement of the above ordinances and will provide water
and/or wastewater services as established in the existing agreement between the City
and the MUD and will provide no other services.
The public hearing was called to order at 6:40 p.m.
No one signed the list to address City Council during the public hearing.
The public hearing closed at 6:44 p.m.
Consider Proposed Ordinance No. 050526 -1, authorizing the City Manager to expend funds from
generated program income in the winding up of the affairs of the Harris County Organized
Crime Narcotics Taskforce.
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Minutes of the Regular Session — May 26, 2005
Proposed Ordinance No. 050526 -1 the City Manager to expend funds from generated program income
in the winding up of the affairs of the Harris County Organized Crime Narcotics Taskforce. Staff has
requested that the Criminal Justice Division of the Governor's Office (CJD) approve the dissolution
plan previously approved by City Council. This approval is expected in the near future. The City will
utilize Generated Program Income to reimburse the participating agencies for personnel costs from
June 1, 2005 through September 30, 2005 and to pay the non -salary operating expenses until October
31, 2005, the end of the lease. Additionally, the assets of the Organized Crime Unit will be shared
with each agency. The proposed settlement to each participating entity is as follows:
Bellaire $ 28,317.75
Harris County District Attorney $174,928.08
Harris County Sheriffs Office $428,500.75
Houston $201,032.75
Humble $ 57,927.50
Katy $ 77,283.25
LaPorte $ 97,084.11
Seabrook $ 75,102.00
Ft. Bend County Sheriffs Office $ 20,575.00.
The authorizing ordinance states "not -to- exceed" amounts to allow for minor variations in salaries,
values and expenses until final closeout.
Police Captain Roger Clifford, Commander of the Taskforce, addressed Council. He stated that the
Criminal Justice Division of the Governor's Office had requested details on how the funds would be
distributed. The information has been provided and the indications are favorable that the plan will be
approved. Any funds remaining after distribution as proposed will belong to the City of Baytown for
use for law enforcement purposes. All investigations and cases of the Taskforce are being turned over
to on -going agencies.
Mr. Jackson stated that the City is trying to absorb the City employees from the Taskforce. He asked
that the proposed ordinance be approved contingent upon approval of the plan by the Criminal Justice
Division.
Council Member Anderson moved approval of the proposed ordinance contingent upon approval of the
proposed plan by the Criminal Justice Division of the Governor's Office. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 5 of 17
Minutes of the Regular Session — May 26, 2005
ORDINANCE NO. 10,066
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS FROM GENERATED PROGRAM
INCOME OF THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE
FOR SALARY REIMBURSEMENT AND NONSALARLY OPERATING EXPENSES TO WIND
UP THE AFFAIRS OF THE TASK FORCE; AUTHORIZING THE CITY MANAGER TO
RELEASE TO PARTICPATING GOVERNMENTAL ENTITIES A PORTION OF THE DONATED
ASSETS OF THE TASK FORCE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050526 -2, awarding a construction contract for the Chaparral
and Graywood Sanitary Sewer Rehabilitation Project.
Proposed Ordinance No. 050525 -2 awards a construction contract in the amount of $1,534,791.35 to
PM Construction & Rehab. L.P., for the Chaparral and Graywood Sanitary Sewer Rehabilitation
Project. The scope of work includes sewer rehabilitation work primarily using the pipe bursting
method, but will also include some removal and replacement by open trench methods. Some of the
pipe segments include existing slip liners that will need to be removed prior to the pipe bursting
operations. The base bid includes approximately 32,000 linear feet of pipe bursting for the installation
of new high density polyethylene pipe. The total estimated construction cost for this project was $1.65
million. This was an in -house design project and as such, the City has achieved cost savings in lieu of
retaining an outside consultant. Central Heights Subdivision was in the original design package,
however, it has been removed because staff discovered some anomalies, which require further
investigation. Certificates of Obligation and Revenue bonds will fund this project. The construction
duration is 150 calendar days.
Council Member Murray moved approval of the proposed ordinance. Council Member Sheley
seconded the motion. Council Member Murray requested a total of the linear feet of sanitary sewer
rehabilitation that has been authorized. Mr. Jackson stated that the sanitary sewer rehabilitation
projects would be discussed during the June 9, 2005 work session and that he will recommend that the
five year program be extended to a ten year program. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
The motion carried.
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Minutes of the Regular Session — May 26, 2005
ORDINANCE NO. 10,067
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
AND ATTEST TO A CONTRACT WITH PM CONSTRUCTION & REHAB, L.P., FOR THE
CHAPARRAL AND GRAYWOOD SANITARY SEWER REHABILITION PROJECT;
AUTHORIZING PAYMENT OF THE SUM OF ONE MILLION FIVE HUNDRED THIRTY -FOUR
THOUSAND SEVEN HUNDRED NINETY -ONE AND 35/100 DOLLARS ($1,534,791.35);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050526 -3, awarding a construction contract for the Park
Street Elevated Storage Tank Rehabilitation Project.
Consider Proposed Ordinance No. 050526 -3 awards a construction contract to Utility Service Co., Inc.,
for the Park Street Elevated Storage Tank Rehabilitation Project. The scope of work includes the
application of a new interior and exterior lining on the elevated storage tank. There will also be some
spot welding on the balcony platforms. The total base bid for this project is $256,700. Alternate bid
item number one for the application of the slogan, "Home of Lee College," on the sides of both tanks
is $1500 each. Alternate bid item number two for the application of the City of Baytown logo is $3500
each. Staff recommends providing for two "Home of Lee College" slogans and two City of Baytown
logos totaling $10,000. The total contract amount, including both alternate bid items, is $266,700.
The construction duration for this project is 120 calendar days. The project will be funded by 2004
Certificates of Obligation.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,068
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
AND ATTEST TO A CONTRACT WITH UTILITY SERVICE CO., INC., FOR THE PARK
STREET ELEVATED STORAGE TANK REHABILITAITON PROJECT; AUTHORIZING
PAYMENT OF THE SUM OF TWO HUNDRED SIXTY -SIX THOUSAND SEVEN HUNDRED
AND NO 1100 DOLLARS ($266,700.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 0505264, approving Change Order No. 1, approving final
payment to Paula Construction, Inc., and accepting the Cedar Bayou Road Drainage Project.
Proposed Ordinance No. 050526 -4 approves deduct Change Order No. 1 to adjust final quantities,
approves final payment of $6,454.94 to Paula Construction, Inc., and accepts the Cedar Bayou Road
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Minutes of the Regular Session — May 26, 2005
Drainage Project. The original contract was awarded to Paula Construction, Inc., for $66,934.10 and
the contract duration was 60 calendar days. Change Order No. l is a balancing change order and
reduces the final contract amount by $2,384.65 to $64,549.45, which represents a 3.56% cost savings.
The cost savings was largely due to an adjustment of final quantities on various bid items. The
contractor finished the project in the allotted time and their workmanship was satisfactory.
Council Member Mahan moved approval of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,069
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CHANGE ORDER NO. 1 WITH PAULA CONSTRUCTION, INC., TO ADJUST
THE FINAL UNIT BID QUANTITIES FOR THE CEDAR BAYOU ROAD DRAINAGE PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF SIX THOUSAND FOUR HUNDRED
FIFTY -FOUR AND 94/100 DOLLARS ($6,454.94) TO PAULA CONSTRUCTION, INC., FOR
SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050526 -5, approving a contract amendment for professional
services for construction management services on the new Emergency Operations Center.
Proposed Ordinance No. 050526 -5 approves a contract amendment for professional services with de
Oplossing, Inc., increasing the contract amount by $10,768 for construction management services on
the Emergency Operations Center (EOC). The original contract amount was $49,875, which included
$2,375 in reimbursables and $47,500 in basic services. The new contract amount will be $60,643.
This contract amendment is necessitated due to the additional time de Opplossing, Inc., has spent as a
result of errors and omissions by the architect. Their contract is necessary for quality assurance and
quality control during the construction project. The scope of work continues to include construction
inspection and surveillance to ensure compliance with the plans and specifications. It also includes
implementation of project controls such as review of pay requests and documentation of project
progress. de Opplossing, Inc has also performed change order reviews. The construction project is
funded through a federal grant. These additional services will be funded by the Capital Improvement
Project Fund.
Council Member Murray moved approval of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
Page 8 of 17
The motion carried.
Minutes of the Regular Session — May 26, 2005
ORDINANCE NO. 10,070
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 THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH DE OPLOSSING, INC., FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE CONSTRUCTION OF THE EMERGENCY OPERATIONS CENTER;
AUTHORIZING ADDITIONAL FUNDS IN AN AMOUNT NOT TO EXCEED TEN THOUSAND
SEVEN HUNDRED SIXTY -EIGHT AND N01100 DOLLARS ($10,768.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 050526 -6, approving Change Order No. 4 approving the
Emergency Operations Center and Policy Academy Construction.
Proposed Ordinance No. 050526 -6 approves Change Order No. 4 to the Emergency Operations Center
(EOC) and Police Academy (PA) Construction Project with Frost Constructors, Inc. This Change
Order will increase the contract amount by $4,263. The original contract amount with Frost
Constructors, Inc., was $2,711,266.35 and Change Order No. 1 increased it to $2,767,349.95. Change
Order No. 2 increased the contract amount to $2,825,214.95 and Change Order No. 3 increased it to
$2,849,885.95. Change Order No. 4 will increase the contract amount to $2,854,148.95. This change
order includes installation of additional sidewalk, tile and trimming at the shower stalls, letters on
signage, track at bottom of wall panels, and cast stone for signage. In addition, there are two credits.
One is the kitchen hood and deletion of conduit in the EOC. This change order and all above
referenced items are related to the EOC. Some of the items requiring the additional work result from
errors and omissions on the plans and specifications prepared by the consultant, which the consultant
disputes. This change was not considered by the consultant and has to be added as part of the work.
As such, the City will seek to resolve the issues with the consultant and, if necessary, will proceed by
filing a claim against the consultant's professional liability insurance policy. To avoid costly delays
and keep the project moving forward, however, Council is urged to fund this change order until such
time the matter is resolved. A detailed explanation of the costs is set forth in the Change Order
included in the packet. The Capital Improvement Project Fund will fund the $4,263 change order.
Council Member Renteria moved approval of the proposed ordinance. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
The motion carried.
Page 9 of 17
Minutes of the Regular Session — May 26, 2005
ORDINANCE NO. 10,071
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CHANGE ORDER NO. 4 WITH FROST CONSTRUCTORS, INC., FOR THE
EMERGENCY OPERATIONS CENTER AND POLICE ACADEMY CONSTRUCTION PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FOUR THORUSAND
TWO HUNDRED SIXTY -THREE AND NO /100 DOLLARS ($4,263.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 050526 -7, approving Change Order No. 4 to the construction
contract with D & W Contractors, Inc., for the 2001 Street Bond Program, Phase II.
Proposed Ordinance No. 050526 -7 approves Change Order No. 4, in the amount of $12,346, to the
construction contract with D & W Contractors, Inc., for the 2001 Street Bond Program, Phase H. This
change order includes the addition of 200 linear feet of flex beam guard rail and 7 guard rail end
terminals at three separate locations on North Burnett Drive. For added safety, these guardrail sections
are to be constructed where existing drainage structures are in close proximity to the edge of the
roadway. Three prior change orders were approved administratively for a total sum of $19,240.74.
Change Order No. 1, in the amount of $6,200, was for exploratory excavation work to locate water
lines on South Pruett Street. Change Order No. 2, for a total amount of $8,980.74, was for additional
drainage work and driveway radii modifications on North Burnett and South Pruett. Change Order No.
3, in the amount of $4,060, was for additional drainage work on Graham Street at South Pruett. The
original contract amount was $2,516,061.55 and Change Order Nos. 1 -4 increased this amount by
$31,586.74 for an adjusted contract amount of $2,547,648.29, a 1.24% cost growth. Change Order
Nos. 1 -3 added 15 calendar days and Change Order No. 4 adds 10 additional calendar days for an
adjusted contract duration of 325 calendar days.
Council Member Anderson moved approval of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,072
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CHANGE ORDER NO. 4 WITH D &W CONTRACTORS, INC., FOR 2001
STREET BOND PHASE II PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF TWELVE THOUSAND THREE HUNDRED FORTY -SIX AND
NO /100 DOLLARS ($12,346.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 10 of 17
Minutes of the Regular Session – May 26, 2005
Consider Proposed Ordinance No. 050526 -8, approving Change Order No. 1 to the construction
contract with RWL Construction, Inc., for the Steinman Sanitary Sewer Rehabilitation – Phase 1
project.
Proposed Ordinance No. 050526 -8 approves Change Order No. 1, in the amount of $59,003, to the
construction contract with RWL Construction, Inc., for the Steinman Sanitary Sewer Rehabilitation –
Phase 1 project. The original contract amount was $681,715 and this change order adjusts the contract
amount to $740,718, an 8.66% cost growth. However, based on the amount of work remaining and
quantity pricing in the contract, it is expected that the overall project cost will decrease by
approximately 2.4% from the original, $681,715 contract amount. This adjustment will be made as a
balancing change order at time of final payment. The original design for this project included 205
linear feet of augered construction for a 15" gravity sanitary sewer line across the new Baytown Nature
Center entrance road, parking lot and landscaped area. The contractor attempted to auger this area but
was unsuccessful due to unsatisfactory soil conditions. Several options were studied and the most cost
effective alternative was to open cut across the Nature Center property and compensate the contractor
for the extra surface restoration. This extra surface restoration includes concrete roadway, concrete
parking lot, brick paver and crushed granite sidewalk, sodding, irrigation, landscaping, etc., and also
includes compensation for the failed auger attempt. This change order also adds 15 calendar days for
the work described above for an adjusted contract duration of 215 calendar days.
Council Member Capetillo moved approval of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,073
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CHANGE ORDER NO. 1 WITH RWL CONSTRUCTION, INC., FOR THE
STEINMAN SANITARY SEWER REHABILITATION —PHASE I PROJECT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY -NINE THOUSAND THREE
AND NO /100 DOLLARS ($59,003.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Prior to consideration of Proposed Resolutions No. 050526 -1 and 050526 -2 City Clerk Gary W. Smith
announced that Council Members Anderson and Murray had filed affidavits indicating a conflict of
interest and that they would not participate in consideration of either item.
Consider Proposed Resolution No. 050526 -1, accepting a contribution from ExxonMobil
supporting the Eddie V. Gray Wetlands Education and Recreation Center's Wetlands Ecology
Program.
Page 11 of 17
Minutes of the Regular Session — May 26, 2005
Proposed Resolution No. 050526 -1 accepts a $30,000 donation from ExxonMobil supporting the Eddie
V. Gray Wetlands Education and Recreation Center's Wetlands Ecology Program. The program
covers the annual cost to fund the 5`h Grader Program including personal cost and educational supplies.
The fund also is used to update and upgrade the exhibits in the Bob Craig Exhibit Hall's "Wetlands
Ecology Trail ".
We have just completed the sixth year of the 51h Grader Program at the Wetlands Center. Every 5`h
grader in the Goose Creek CISD visits the Wetlands Center each year. During the morning session the
youth are taught all about the wetlands and their benefits. After lunch the youth are bussed to the
Baytown Nature Center where they are able to see in real life what they learned at the Wetlands
Center.
The check was presented to the Eddie V. Gray Wetlands Education and Recreation Center on May 18,
2005.
Council Member Sheley moved approval of the proposed resolution. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Mahan, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
Abstentions: Council Members Anderson and Murray.
The motion carried.
RESOLUTION NO. 1717
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRIBUTION FROM
EXXONMOBEL CORPORATION SUPPORTING THE EDDIE V. GRAY WETLANDS
EDUCATION AND RECREATION CENTER'S WETLANDS ECOLOGY PROGRAM IN THE
AMOUNT OF THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00); DESIGNATING AN
AUTHORIZED REPRESENTATIVE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Resolution No. 050526 -2, accepting a contribution from ExxonMobil
supporting the Baytown Nature Center's Environmental Education Programs.
Proposed Resolution No. 050526 -2 accepts a donation from ExxonMobil supporting the Baytown
Nature Center's Environmental Education Programs, in the amount of $30,000. The program covers
the annual cost to fund the BNC Naturalist (John Mason), educational supplies, and interpretive signs.
This is the third year of the funding of this program. Naturalist John Mason has provided an
educational presence at the BNC and has provided informative talks to several volunteer groups
including safety presentations on venomous snakes and insects to industry and city departments. He
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Minutes of the Regular Session — May 26, 2005
has also arranged several volunteer and Boy Scout projects at the BNC. Mr. Mason also helps with the
5`h Grader program at the Nature Center.
Council Member Capetillo moved approval of the proposed resolution. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Mahan, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
Abstentions: Council Members Anderson and Murray.
The motion carried.
RESOLUTION NO. 1718
A RESOLUTION ' OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRIBUTION FROM
EXXONMOBIL CORPORATION SUPPORTING THE EDDIE V. GRAY WETLANDS
EDUCATION AND RECREATION CENTER'S ENVIRONMENTAL EDUCATION PROGRAMS
IN THE AMOUNT OF THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00);
DESIGNATING AN AUTHORIZED REPRESENTATIVE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consent Agenda
a. Proposed Ordinance No. 050526 -9 approves an interlocal agreement with Hams County,
Texas to provide the eSlate election equipment for use in the June 11, 2005 runoff election.
The services provided by the County under the agreement includes the rental of the
equipment, technical personnel, delivery of the equipment, mandated testing of the
equipment, preparation of the ballots for use with the equipment and the provision of
ballots for early voting by mail. The amount to be paid to Harris County is currently
estimated to be $4,396.51. A deposit of $2,637.91 was required.
b. Proposed Ordinance No. 050526 -10 authorizes the purchase of annual maintenance from
Versaterm in the amount of $45,558 for the Police Department's Mobile Data Terminal
software. The term of the agreement is from June 1, 2005 through May 31, 2006. This is
the system used in the patrol cars to do real -time queries on various databases without being
required to contact dispatch for this information.
Proposed Ordinance No.050526 -11 adopts the National Incident Management System
(NIMS) for all emergency response activities. The National Incident Management System
(NIMS), which must be adopted to obtain and retain federal assistance for Homeland
Security, incorporates many existing best practices already utilized by the Fire Service into
a comprehensive national approach to domestic incident management, applicable at all
jurisdictional levels and across all functional disciplines. NIMS anticipates the need for and
the mobilization of outside resources to respond to an incident. Training of involved
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Minutes of the Regular Session — May 26, 2005
personnel is also mandated. The purpose of NIMS is to provide a better response to an
emergency incident. A memorandum is included in the packet.
d. Proposed Ordinance No. 050526 -12 authorizes an Interlocal Agreement, in an amount not
to exceed $250,000, with the City of Pasadena and Supplemental Agreement with Novus
Wood Group, L.P., for a Wood Grinding and Material Handling Services Contract for the
wood chipping operation. This agreement will provide for private operation of the chipping
of brush and limbs collected by City of Baytown Solid Waste personnel. Collection will
continue on the present "once monthly" schedule. Novus Wood Group, L.P., will provide
the equipment and personnel at the property adjacent to the East District Wastewater
Treatment Plant where brush and limbs are currently deposited after collection. Novus will
chip the brush and limbs, removing the chipped materials and paying the City $0.46 per
cubic yard of chipped material removed. A memo from the Public Works Director outlines
the estimated $60,000 annual savings that will be realized from this interlocal agreement.
This agreement will also be discussed at the work session preceding the Council meeting.
e. Proposed Ordinance No. 050526 -13 authorizes an amendment to the contract with the
Baytown/West Chambers County Economic Development Foundation to provide for
advertising services related to the 2005 Bayou Bowl. This amendment will include $2,000
to sponsor the Bayou Bowl and additional advertising.
f. Proposed Resolution 050526 -3 appoints the election officials for the June 11, 2005 runoff
election. The proposed election officials have agreed to serve for the election. Detailed
training has be provided through an election school held prior to the general election. Each
judge who has volunteered to serve has previous experience either in conducting a City
election or in conducting an election using the eSlate equipment.
g. Proposed Resolution No. 050526 -4 requests the sheriff or constable to sell the property
located at 0 Decker Drive, Baytown, Hams County, Texas, at a public sale pursuant to
Section 34.05(c) of the Texas Tax Code. In 1997, the Legislature amended the Tax Code to
allow taxing entities to sell via a public sale property held by a taxing entity as a result of
the receipt of an insufficient bid at a tax foreclosure sale. At a public sale, the property will
be sold at a public auction at the courthouse door of the county on the first Tuesday of the
month, between the hours of 10:00 a.m. and 4:00 p.m. The acceptance of a bid at such a
sale is conclusive and binding on the question of its sufficiency. As such, it is believed that
this process will provide the City an efficient mechanism for (i) returning deteriorated or
unproductive properties to the tax rolls, (ii) enhancing the value of ownership to the
properties neighboring those which have been bid off to the City in tax foreclosure sales,
and (iii) improving the safety and quality of life throughout the City. This resolution
authorizes the sale of the following property:
Property Address: 0 Decker Drive, Baytown, Harris County, Texas
Legal Description: Tract 62, Abstract 840 H. Whiting
Number and style of suit: Cause No. 2000 - 44995; Goose Creek Consolidated
Independent School District and Lee College District vs.
G Schroeder Trust; In the 2341hJudicial District Court,
Harris County, Texas
Date of tax foreclosure sale: March 6, 2001
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Minutes of the Regular Session — May 26, 2005
The right of redemption has expired on this property. This property contains no
improvements.
Council Member Mahan moved adoption of the consent agenda, items a through g. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,074
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 HARRIS COUNTY FOR THE USE OF ITS
ELECTRONIC VOTING SYSTEM FOR THE CITY'S RUN -OFF ELECTION TO BE HELD ON
JUNE 11, 2005; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,075
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF THE SUM OF FORTY -FIVE THOUSAND FIVE HUNDRED
FIFTY -EIGHT AND NO /100 DOLLARS ($45,558.00) TO VERSATERM SYSTEMS FOR THE
ANNUAL MAINTENANCE FOR THE POLICE DEPARTMENT'S MOBILE DATA TERMINAL
SOFTWARE FOR THE PERIOD JUNE 1, 2005 TO MAY 31, 2006; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 10,076
AN ORDIANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING
THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE STANDARD FOR
INCIDENT MANATGEMENT BY THE CITY OF BAYTOWN; AN PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 15 of 17
Minutes of the Regular Session — May 26, 2005
ORDINANCE NO. 10,077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF PASADENA, TEXAS,
FOR A WOOD GRINDING AND MATERIAL HANDLING SERVICES CONTRACT;
AUTHORIZING A SUPPLEMENTAL AGREEMENT WITH NOVUS WOOD GROUP, L.P.,
CONCERNING THE SAME; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN
AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND NO 1100 DOLLARS
($250,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,078
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 THE FIRST AMENDMENT TO THE CONTRACT FOR ADVERTISING
SERVICES IN CONNECTION WITH THE 2005 BAYOU BOWL WITH THE BAYTOWN
AREA/WEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION FOR
ADVERTISING SERVICES IN CONNECTION WITH THE 2005 BAYOU BOWL; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN FOR THE ADDITIONAL SERVICES IN AN
AMOUNT OF TWO THOUSAND AND N01100 DOLLARS ($2,000,00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
RESOLUTION NO. 1719
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NAMING
THE ELECTION OFFICIAL FOR THE RUN -OFF ELECTION OF THE CITY OF BAYTOWN,
TEXAS, TO BE HELD ON JUNE 11, 2005; PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1720
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 0
DECKER DRIVE AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX
CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Confirmation of appointment of the Assistant City Manager.
Mr. Jackson introduced and reviewed the qualifications of Kelvin Knauf. Mr. Knauf has twenty -five
years municipal experience with a Bachelor of Science and Masters in Public Administration from the
University of Kansas. He brings a wealth of practical experience and a strong theoretic background.
Council Member Mahan moved confirmation of the appointment of Kelvin Knauf as Assistant City
Manager. Council Member Murray seconded the motion. The vote follows:
Page 16 of 17
Minutes of the Regular Session — May 26, 2005
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
The motion carried.
Consider an appointment to the Emergency Medical Services Advisory Committee.
Randy Strong's term expired last December, however he was not included in the reappointment. Mr.
Strong has agreed to continue to serve if reappointed.
Council Member Mahan moved the reappointment of Randall B. Strong to the Emergency Medical
Services Advisory Committee. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
The motion carried.
City Manager's Report.
West Baytown Sanitary Sewer Rehabilitation project.
Mr. Jackson stated that the bids on the project were opened. Funding is through the Texas Water
Development Board and the bids must be approved by the State.
Memorial Day Service - Bicentennial Park Veterans Memorial Plaza at 11:00 a. m., Monday, May 30,
2005.
Adjourn.
Council Member Anderson moved that the meeting adjourn. Council Member Murray seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley
Mayor Mundinger.
Nays: None.
The motion carried.
Page 17 of 17
Minutes of the Regular Session — May 26, 2005
r,. There being no further business, the meeting adjourned at 7:19 p.m.
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