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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. Page 2of17 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. Page 3 of 17 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. Page 4 of 17 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. Page 6 of 17 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 Page 7 of 17 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 Page 12 of 17 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 Page 13 of 17 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 Page 14 of 17 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. rri