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2005 06 23 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 23, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on June 23, 2005, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Brandon Capetillo Sammy Mahan Don Murray Mercedes Renteria III Scott Sheley Calvin Mundinger Gary M. Jackson Bob Leiper Kelvin Knauf Ignacio Ramirez, Sr. Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk The meeting was opened with a quorum present. Council Member Murray led the pledge of allegiance and offered the invocation, after which the following business was conducted: Consider approval of the minutes for the work session held on June 7, 2005. Council Member Mahan moved approval of the minutes of the work session held on June 7, 2005. 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. Consider approval of the minutes of the work session and regular session held on June 9, 2005. Council Member Capetillo moved approval of the minutes of the work session and the regular session held on June 9, 2005. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. Page 2of17 Minutes of the Regular Session — June 23, 2005 The motion carried. Consider approval of the minutes for the special meeting held on June 20, 2005. Council Member Murray moved approval of the minutes of the special meeting held on June 20, 2005. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Murray and Sheley. Mayor Mundinger. Nays: None Abstentions: Anderson, Capetillo, Mahan, and Renteria. The motion carried. Deliver Certificate of Election and administer oath of office to the newly elected representative of Council District No. 1. Hon. Tony Polumbo, Justice of the Peace, Precinct 3, Harris County, Texas, administered the oath of office to Mercedes Renteria III with his family in attendance. Mayor Mundinger delivered the certificate of election to Council Member Renteria. Council Member Renteria thanked his family and others for their support. He noted the strong voter turnout and that the voters cared about the election. He promised to serve with integrity. Consider election of Mayor Pro Tem for 2005 -2006. Section 15 of the Charter provides that the Council shall elect a Mayor Pro Tem who shall act as Mayor during the absence or disability of the Mayor and, if a vacancy should occur, shall become Mayor until the next regular election. Mayor Mundinger suggested that action on this item be postponed until a policy for electing the Mayor Pro Tem is adopted by the Council Council Member Renteria moved postponement of election of the Mayor Pro Tem until the July 14, 2005 meeting. 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. Page 3 of 17 Minutes of the Regular Session — June 23, 2005 Conduct a public hearing at 6:40 p.m. concerning the strategic partnership agreement with Lake Municipal Utility District. 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 to be held on June 9, 2005. The notice of the public hearing was published in The Baytown Sun on Tuesday, June 7, 2005, and posted on the City's website the same day, 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 Lake MUD 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, • that Lake MUD 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 opened at 6:52 p.m. No one signed to speak. The public hearing was closed at 6:54 p.m. Conduct the first public hearing on the limited purpose annexation of a 43.8056 acre tract of land located east of Spring Gully and north of Interstate Highway No. 10 in Harris County, Texas. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on June 7, 2005 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. The property is proposed to be developed as single - family housing. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearing was opened at 6:54 p.m. No one signed to speak. The public hearing was closed at 6:58 p.m. Page 4 of 17 Minutes of the Regular Session — June 23, 2005 Conduct the second public hearing on the limited purpose annexation of a 43.8056 acre tract of land located east of Spring Gully and north of Interstate Highway No. 10 in Harris County, Texas. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on June 7, 2005 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. The property is proposed to be developed as single - family housing. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearing was opened at 6:58 p.m. No one signed to speak. The public hearing was closed at 6:59 p.m. Conduct the first public hearing on the limited purpose annexation of Hunters Chase Section One, Reserve A; Hunters Chase Section One, Reserve B; Country Meadows Section One, Reserve A; Country Meadows Section Five, Reserve B; Country Meadows Section Five, Reserve C; Pine Meadows Section One, Reserve A; and Pine Meadows Section One, Reserve B, located east of State Highway 146 and south of Interstate Highway No. 10 in Chambers County, Texas. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on June 7, 2005 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. The property is proposed for commercial development. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearing was opened at 6:59 p.m. No one signed to speak. The public hearing was closed at 7:01 p.m. Conduct the second public hearing on the limited purpose annexation of Hunters Chase Section One, Reserve A; Hunters Chase Section One, Reserve B; Country Meadows Section One, Reserve A; Country Meadows Section Five, Reserve B; Country Meadows Section Five, Reserve C; Pine Meadows Section One, Reserve A; and Pine Meadows Section One, Reserve B, located east of State Highway 146 and south of Interstate Highway No. 10 in Chambers County, Texas. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on June 7, 2005 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Page 5of17 Minutes of the Regular Session — June 23, 2005 The property is proposed for commercial development. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearing was opened at 7:02 p.m. No one signed to speak. The public hearing was closed at 7:03 p.m. Proposed Resolution No. 050623 -1 and Proposed Ordinances No. 050623 -1 and 050623 -2 were considered together. Consider Proposed Resolution No. 050623 -1, granting consent to the inclusion of 120.0428 acres into Lake Municipal Utility District located within the extraterritorial jurisdiction of the City. Proposed Resolution No. 050623 -1 grants Lake Municipal Utility District's petition for the inclusion of 120.0428 acres into its District. Texas Local Government Code, Section 42.042 provides that a district that supplies fresh water or furnishes sanitary sewer services may not be created (or expanded) in the extraterritorial jurisdiction of a municipality without the consent of the municipality. The conditions placed on this expansion are similar to the consents the City has granted for the creation of other MUDS. The primary distinctions in this consent are: This is an expansion of an existing MUD (as opposed to a creation), and The provision of wastewater service is specifically excluded. On April 14, 2005, the Board of Directors of Lake MUD has presented a petition requesting that the City grant its consent to the expansion of Lake MUD by its inclusion of an additional 120.0428 acres. A copy of the petition is included in the packet. The area proposed for the expansion is within the City's extraterritorial jurisdiction. This action grants consent to the expansion of the district. Consider Proposed Ordinance No. 050623 -1, approving a strategic partnership agreement with Lake Municipal Utility District relating to a limited purpose annexation. Proposed Ordinance No. 050623 -1 approves a strategic partnership agreement with Lake Municipal Utility District relating to a limited purpose annexation. The proposed strategic partnership agreement provides as follows: • that ad valorem taxes will not be levied on the property, • that Lake MUD 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, • that Lake MUD 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 lII "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. Page 6of17 Minutes of the Regular Session — June 23, 2005 Consider Proposed Ordinance No. 050623 -2, approving a strategic partnership agreement with Chambers County Municipal Utility District No.1 relating to a limited purpose annexation. Proposed Ordinance No. 050623 -2 approves a strategic partnership agreement with Chambers County Municipal Utility District No. 1 relating to a limited purpose annexation. 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. Council Member Capetillo moved approval of Proposed Resolution No. 050623 -1, Proposed Ordinance No. 050623 -1, and Proposed Ordinance No. 050623 -2. 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. RESOLUTION NO. 1726 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 120.0428 ACRES OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, IN LAKE MUNICIPAL UTILITY DISTRICT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 17 Minutes of the Regular Session — June 23, 2005 ORDINANCE NO. 10,086 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A STRATEGIC PARTNERSHIP AGREEMENT WITH LAKE MUNICIPAL UTILITY DISTRICT; AND PROVIDING FOR THE EFFECTICE DATE THEREOF. ORDINANCE NO. 10,087 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A STRATEGIC PARTNERSHIP AGREEMENT WITH CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTICE DATE THEREOF. Consider Proposed Ordinance No. 050623 -3, awarding a contract for professional services for final design of the Country Club View Lift Station Rehabilitation Project. Proposed Ordinance No. 050623 -3 awards a professional services contract in the amount of not to exceed $26,500 for final design of the Country Club View Lift Station Rehabilitation Project to Langford Engineering, Inc. (LEI). Compensation for basic and additional services will not exceed $25,000. The project's reimbursable expenses shall not exceed $1,500. The scope of work for this project will include the design of all required structural, mechanical, and electrical systems for the Country Club View Lift Station Rehabilitation Project. The final engineering services for this project will consist of the design of the wet well lining, the pump pit and required piping, and the electrical pump controls. The scope of work will also include the installation of a new force main to redirect flow south to Rollingbrook Drive. The contract will also include bidding phase services, construction phase services and post construction services. In addition, LEI will also prepare detailed cost estimates for the rehabilitation project. The A &E Committee approved the use of LEI for these professional services on June 1, 2005. The 2004 Certificates of Obligation will fund this project. Council Member Murray 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. Page 8of17 Minutes of the Regular Session — June 23, 2005 ORDINANCE NO. 10,088 AN ORDINANCE OF THE CITY COUNICL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH LANGFORD ENGINEERING, INC., FOR FINAL ENGINEERING DESIGN OF THE COUNTRY CLUB VIEW LIFT STATION REHABILITAION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWENTY -SIX THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($26,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050623 -4, awarding a contract for professional services for final design of the Craigmont Lift Station Rehabilitation Project. Proposed Ordinance No. 0506234, awards a professional services contract in the amount of not to exceed $17,066 for final design of the Craigmont Lift Station Rehabilitation Project to Lockwood, Andrews, & Newnam, Inc. (LAN). Compensation for basic and additional services will not exceed $15,878. The project's reimbursable expenses shall not exceed $1,188. The scope of work for this project will include the design of all required structural, mechanical, and electrical systems for the Craigmont Lift Station Rehabilitation Project. The final engineering services for this project will consist of the design of the wet well lining, the pump pit and required piping, and the electrical pump controls. This effort will also include bidding phase services, construction phase services and post construction services. In addition, LAN will also prepare detailed cost estimates for the rehabilitation project. The A &E Committee approved the use of LAN for these professional services on June 1, 2005. The 2002 and 2004 Certificates of Obligation will fund this project. Council Member Capetillo moved approval of the proposed ordinance. 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. ORDINANCE NO. 10,089 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH LOCKWOOD, ANDREWS, & NEWNAM, INC., FOR FINAL ENGINEERING DESIGN OF THE CRAIGMONT LIFT STATION REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTEEN THOUSAND SIXTY -SIX AND N01100 DOLLARS ($17,066.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 17 Minutes of the Regular Session — June 23, 2005 Consider Proposed Ordinance No. 050623 -5, awarding a contract for preliminary professional engineering design services for the Woodlawn and Raccoon Lift Station Project. Proposed Ordinance No. 050623 -5, awards a professional services contract in the amount of $31,000 for the investigation and evaluation of the Woodlawn and Raccoon lift stations to Post, Buckley, Schuh & Jernigan, Inc. Compensation for both basic and additional services will not exceed $30,477. The project's reimbursable expenses shall not exceed $523. The design scope of work for basic services includes the investigation and evaluation of the structural, hydraulic, and electrical systems of the Woodlawn Lift Station. Also included in the preliminary engineering report (PER) is the replacement of the Motor Control Center Panel at the Raccoon Lift Station. The PER for this project will also consist of verifying and confirming influent line flows and capacity of the Woodlawn Lift Station. The report will also include recommendations on rehabilitation methods including pump size and type as well as detailed opinion's of probable cost for each proposed rehabilitation method. The A &E Committee approved the use of PBS &J for these professional services on June 1, 2005. The 1998 Certificates of Obligation will fund this project. 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 canned. ORDINANCE NO. 10.090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH POST, BUCKLEY, SCHUH, & JERNIGAN, INC., FOR INVESTIGATION AND EVALUATION OF THE WOODLAWN AND RACCOON LIFT STATIONS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY -ONE THOUSAND AND NO /100 DOLLARS ($31,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050623 -6, approving an extension of the residential waste collection and disposal contract. Proposed Ordinance No. 050623 -6 approves a sixty (60) day extension of the residential waste collection and disposal contract with Waste Management of Texas. This contract is used for pickup of household garbage and heavy trash and for disposal of the same. The proposed ordinance will provide for the payment of $282,722.82, from user fees, to Waste Management of Texas. This extension, as provided for in the contract, is needed to allow time for award of a new contract and to allow for the contract to coincide with our fiscal year for better budgetary planning. Page 10 of 17 Minutes of the Regular Session — June 23, 2005 Council Member Murray 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. ORDINANCE NO. 10,091 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXTENDING THE CONTRACT FOR THE RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL WITH WASTE MANAGEMENT OF TEXAS FOR SIXTY (60) DAYS; AUTHORIZING PAYMENT OF TWO HUNDRED EIGHTY -TWO THOUSAND SEVEN HUNDRED TWENTY -TWO AND 82/100 DOLLARS ($282,722.82); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050623 -2, approving application to the Office of Domestic Preparedness for a Staffing for Adequate Fire and Emergency Response Grant, designating the City Manager as the Authorized Official; and authorizing the City Manager accept any grant awarded from the application. Proposed Resolution No. 050623 -2 approves an application to the Office of Domestic Preparedness for a Staffing for Adequate Fire and Emergency Response Grant in the amount of $348,401.25 for the Baytown Fire Department with a local match of $348,401.25, designating the City Manager as the Authorized Official; and authorizing the City Manager to accept any grant awarded from the application. This grant is 5 year grant with an increasing match as follows: Year 1 $108,000 FEMA/$31,361 Baytown; Year 2 $96,000 FEMA/$43,361 Baytown; Year 3 $60,000 FEMA/$79,361 Baytown; Year 4 $36,000 FEMA/S 103,361 Baytown; and Year 5 $139,361 Baytown. If the grant is awarded, the Department will have the opportunity to increase our staffing level by three additional firefighters for 24 -hour staffing. In the 2005 -2006 fiscal year budget, the Fire Department has requested three additional firefighters as shift - breakers. Funding for the new positions will be available from overtime savings, if the new positions are approved. If awarded, this grant will provide funding assistance for these positions. Council Member Anderson moved approval of the proposed resolution. 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 11 of 17 Minutes of the Regular Session — June 23, 2005 RESOLUTION NO. 1727 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE OFFICE OF DOMESTICE PREPAREDNESS FOR A STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT IN THE AMOUNT OF THREE HUNDRED FORTY -EIGHT THOUSAND FOUR HUNDRED ONE AND 25/100 DOLLARS ($348,401.25) FOR THE BAYTOWN FIRE DEPARTMENT; DESIGNATING AN AUTHORIZED REPRESENTATVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AUTHORIZING THE CITY'S INCREASING MATCHES THROUGHOUT THE FIVE YEAR TERM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050623 -3, granting a petition for annexation of 8.3957 acres of land in the Ed T. Schaffer Survey (W.C. & R.R.) Survey, Abstract 1224, a part of Lots 11 and 12, Block 21, Highland Farms Addition, and a part of Lots 14, 15, and 16, Block 7, East End Addition to Highland Farms, Harris County, Texas located east of Garth Road between West Lynchburg -Cedar Bayou Road and South Road submitted by CAI, LP, dba Conn's, Inc. Proposed Resolution No. 050623 -3 grants the petition for annexation submitted by CAI, LP, dba Corn's, Inc., to annex 8.3957 acres of land in the Ed T. Schaffer Survey (W.C. & R.R.) Survey, Abstract 1224, a part of Lots 11 and 12, Block 21, Highland Farms Addition, and a part of Lots 14, 15, and 16, Block 7, East End Addition to Highland Farms, Harris County, Texas located east of Garth Road between West Lynchburg -Cedar Bayou Road and South Road. The property is proposed to be a commercial development. The petition has been submitted as a prerequisite for obtaining utility services. Council Member Murray moved approval of the proposed resolution. 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. RESOLUTION NO. 1728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF CAI, LP, DBA CONN'S, INC., CONCERNING THE ANNEXATION OF 8.3957 ACRES OF LAND IN THE ED T. SCHAFFER SURVEY (W.C. & R.R.), ABSTRACT 1224, A PART OF LOTS 11 AND 12, BLOCK 21, HIGHLAND FARMS ADDITION, AND A PART OF LOTS 14, 15, AND 16, BLOCK 7, EAST END ADDITION TO HIGHLANDS FARMS, HARRIS COUNTY, TEXAS, LOCATED EAST OF GARTH ROAD BETWEEN LYNCHBURG -CEDAR BAYOU ROAD AND SOUTH ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 17 Minutes of the Regular Session — June 23, 2005 Consider approving plans and specifications and authorizing advertisement to take bids for the Central District Wastewater Treatment Plant Rehabilitation Project. Consider approving the plans and specifications and authorizing advertisement to take bids for the Central District Wastewater Treatment Plant Rehabilitation Project. The scope of work for this project includes but is not limited to replacement of the final clarifier, mechanical bar screen at the headworks lift station, by -pass channel at the headworks lift station, and the sludge cake conveyor. Alternate bid items will include replacing the existing blower building for the Motor Control Center Panel as well as additional electrical service items. The estimated construction cost for the project is $1,306,000. The allotted construction duration for the project is 180 calendar days. The 2004 Certificates of Obligation, the 2005 Texas Water Development Board funds, and Water & Sewer Capital Improvement Program Fund will fund this project. Council Member Mahan moved approval of the proposed plans and specifications and authorization for advertisement for bids. 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 carved. Consider approving plans and specifications and authorizing advertisement to take bids for the Goose Creek Lift Station Rehabilitation Project. Consider approving the plans and specifications and authorizing advertisement to take bids for the Goose Creek Lift Station Rehabilitation Project. The scope of work for this project includes but is not limited to a new valve pit structure, pumping units, valves, piping, and electrical controls. To increase structural stability, the work also consists of the installation of a new structural liner inside the existing wet well. The estimated construction cost for the project, which includes a fifteen percent contingency, is $802,000. The allotted construction duration for the project is 180 calendar days. The 2002, 2003, and 2004 Certificates of Obligation and the 1992 Alternative Minimum Tax Bonds will fund this project. Council Member Capetillo moved approval of the plans and specifications and authorization of advertisement for bids. 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 13 of 17 Minutes of the Regular Session — June 23, 2005 Consider approving plans and specifications and authorizing advertisement to take bids for the Ginger Creek Storm Sewer Outfall Project. Consider approving the plans and specifications and authorizing advertisement to take bids for the Ginger Creek Storm Sewer Outfall Project. The scope of work for this project includes but is not limited to the replacement of the two storm sewer outfall points from the Ginger Creek Subdivision. Both outfalls have failed and separated from the storm sewer lines. In addition, the existing 60 -inch corrugated metal pipe (CMP) leading to the south outfall has completely failed and caved in. This 60- inch pipe is within five feet of an existing foundation. The north outfall consists of a 24 -inch CMP, which also exhibits pipe separations. The base bid will consist of replacement of both the north and south outfall points where the failures are. Part of the 60 -inch CMP will include the application of a structural liner within the pipe itself. Alternate bid items will include repairs to the upstream storm sewer system utilizing the open cut method where there are additional failures. The estimated construction cost for the project is $136,744.50. The allotted construction duration for the project is 60 calendar days. The 2002, 2003, and 2004 General Obligation Bonds will fund this project. Council Member Capetillo moved approval of the plans and specifications and authorization for advertisement for bids. 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. Consent Agenda a. Proposed Ordinance No. 050623 -7 approves the first renewal of the annual liquid chlorine contract with Altivia in the amount of $87,380. The price per ton is $514. Altivia submitted a written request to renew the current contract for the same pricing, terms and conditions. This contract is used for chlorination in the City of Baytown's Wastewater Treatment Plants. b. Proposed Ordinance No. 050623 -8 approves the first renewal of the annual electrical motor control center services contract with Baytown Electric Company in the amount of $50,000. Baytown Electric submitted a written request to renew the current contract for an allowable Consumer Price Index rate increase of 3.5 %. This annual electrical motor services contract is primarily used by the Wastewater Treatment Plants and Lift Stations for control panel board electrical work. C. Proposed Ordinance No. 050623 -9 awards the annual recycling center services contract to Waste Management of Texas in the amount of $66,360. Invitations to bid were sent to six (6) suppliers and two (2) responses and two (2) no -bids were received. d. Proposed Ordinance No. 050623 -10 authorizes the purchase of a video camera system for broadcasting City Council meetings and a replacement audio system from Industrial AudioNideo, Inc., for $25,912. This purchase is for three CCD cameras (two for the Page 14 of 17 Minutes of the Regular Session — June 23, 2005 Council Chambers, one for the Hullum Conference Room) to broadcast City Council meetings and other meetings. The new audio equipment will replace the existing microphones, add two in the Hullum Room and upgrade the existing system to be compatible for television broadcasts. Industrial Audio/Video, Inc., is a QISV vendor, thereby satisfying the sealed bid requirement of state law. Council Member Anderson moved approval of Consent Agenda, items a through d. 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. 10,092 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF ALTIVIA FOR THE ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF EIGHTY -SEVEN THOUSAND THREE HUNDRED EIGHTY AND NO 1100 DOLLARS ($87,380.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,093 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL MOTOR CONTROL CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDNG FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,094 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL RECYCLING CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -SIX THOUSAND THREE HUNDRED SIXTY AND NO /100 DOLLARS ($66,360.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 15 of 17 Minutes of the Regular Session — June 23, 2005 ORDINANCE NO. 10,095 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY -FIVE THOUSAND NINE HUNDRED TWELVE AND NO /100 DOLLARS ($25,912.00) TO INDUSTRIAL AUDIONIDEO, INC., FOR THE PURCHASE OF A VIDEO CAMERA SYSTEM FOR BROADCASTING CITY COUNCIL MEETINGS AND A REPLACEMENT AUDIO SYSTEM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointments to the Baytown Municipal Development District. The terms of Kitty Allen and Terry Sain expire at the end of June 2005. Each has agreed to serve if reappointed. Ms. Allen attended 14 of 19 meetings. Mr. Sain attended 13 of 17 meetings since his appointment. Council Member Capetillo moved reappointment of Kitty Allen and Terry Sain to the Baytown Municipal Development District. 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. Consider appointments to the Construction Board of Adjustments and Appeals. The terms of Jim Starrett (General Contractor) and William A. McElhannon (Engineer) both expired in May of 2003. The positions have been vacant since that time. City Council was not ready for action on this item. Consider appointment to the Tow Truck Committee. Jim Seth has declined reappointment to the Tow Truck Committee. His position is vacant. The term is a two year term ending in April of 2007. B. C. Hudman has agreed to serve on the Committee if appointed by City Council. Council Member Sheley moved appointment of B. C. Hudman to the Tow Truck Committee. Council Member Murray seconded the motion. The vote follows: Page 16 of 17 Minutes of the Regular Session – June 23, 2005 Ayes: Council Members Anderson, Capetillo, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None Abstention: Council Member Mahan. The motion carried. Consider appointments to the Houston Area Library System Advisory Council. Consider reappointment of Carol Bartz as Lay Representative and of Eileen Hall as Alternate Lay Representative for Sterling Municipal Library on the Houston Area Library System Advisory Council. These are two -year appointments. The Houston Area Library System is a consortium of libraries in Southeast Texas. The System provides training and development opportunities and funding for materials and services to the individual System members. These appointments will assure that the interests of Baytown and Sterling Municipal Library are heard, recognized and taken into consideration at the decision making level of System planning. Council Member Murray moved appointment of Carol Bartz as Lay Representative and Eileen P. Hall as Alternate Lay Representative to the Houston Area Library System Advisory Council. 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. City Manager's Report. National Night Out – August 2, 2005 Budget work sessions — August 1, 6 p.m.; August 2, 9 a.m.; and August 3, 3:30 p.m. Wayne Gray Sports Complex ribbon cutting —June 29, 2005, 3:30 p.m. July 4`h Celebration. Adjourn. Council Member Mahan moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Page 17 of 17 Minutes of the Regular Session — June 23, 2005 r, Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:30 p.m. Gary V. Smith City Clerk 00—