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2005 09 27 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 27, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on September 27, 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 Kelvin Knauf Bob Leiper Ignacio Ramirez, Sr. Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager /Interim City Clerk Deputy City Manager City Attorney The meeting was opened with a quorum present and Council Member Murray led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on September 8, 2005 and the special meeting held on September 15, 2005. Council Member Sheley moved approval of the minutes of the work session and regular meeting held on September 8, 2005 and the special meeting held on September 15, 2005. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. Council Member Anderson abstained. The motion carried. Receive the Annual Report from the Parks and Recreation Advisory Board. This item was withdrawn from consideration. Page 2 of 17 Minutes of the Regular Session - September 27, 2005 Consider Proposed Ordinance No. 050927 -1, adopting the 2005 -06 City of Baytown Budget totaling $85,202,065. General Fund $47,495,166 General Debt Service Fund 8,184,967 Hotel/Motel Fund 698,412 Water & Sewer Fund 23,229,611 Sanitation Fund 3,227,021 Storm Water Utility Fund 493,011 Central Services Fund 1,873,877 Total $85,202,065 City Manager Jackson explained to Council that, due to Hurricane Rita response and clean-up expenses, the following increases in current year expenditures are anticipated: General Fund: Hurricane expenditures of $192,000, increasing total expenditures to $45,084,215 and reducing the estimated 2005 -2006 Fund Balance to 68 days; Water and Sewer Fund: Hurricane expenditures of $96,000, increasing total expenditures to $21,437,539 and decreasing the estimated 2005 - 2006 Working Capital to 69 days; and, Solid Waste Fund: Hurricane expenditures of $12,000, increasing total expenditures to $3,070,817 and decreasing the estimated 2005 - 2006 Working Capital to 87 days. Consider Proposed Ordinance No. 050927 -2, setting the rate and tax levy for General Fund Maintenance and Operation and Debt Service for the fiscal year ending September 30, 2006. This ordinance will set the rate for General Fund maintenance and operation for the fiscal year ending September 30, 2006 at $0.45700 per $100 valuation. This ordinance will set the rate and tax levy for Debt Service for fiscal year ending September 30, 2006 at $0.28003 per $100 valuation. Consider Proposed Ordinance No. 050927 -3, amending the Code of Ordinances, Chapter 98, "Utilities," Section Nos. 98 -59 and 98 -91 to increase water and sewer rates. Water and sewer rates are being raised primarily to cover the cost of the proposed bond sale in Fiscal Year 2005 -06. The proposed changes are as follows: Water. Inside City Base Rate - from $8.83 to $9.49 (includes first 2,000 gallons); Inside City Consumption Rate - from $3.35 to $3.60 per 1,000 gallons of water used; Volume User Rate - from $2.19 to $2.35 per 1,000 gallons of water used; Outside City Base Rate - from $17.66 to $18.98 (includes fast 2,000 gallons); and, Outside City Consumption Rate - from $5.03 to $5.41 per 1,000 gallons of water used. Sewer. Inside City Base Rate - from $8.83 to $9.49 (includes first 2,000 gallons); Inside City Consumption Rate - from $3.18 to $3.42 per 1,000 gallons of water used, with the cap of 12,000 gallons on residential usage; Outside City Base Rate - from $17.66 to $18.98 (includes first 2,000 gallons); and, Outside Gty Consumption Rate - from $4.77 to $5.13 per 1,000 gallons of water used (no cap); The new rates will become effective October 1, 2005. Page 3 of 17 Minutes of the Regular Session — September 27, 2005 Consider Proposed Ordinance No. 050927 -4, adopting new GIS and contractor registration fees and increasing health inspection fees. The proposed ordinance also increases the fees for health inspection. Consider Proposed Resolution No. 050927 -1, approving the Utility Capital Improvements Program for the 2005 -06 through 2010 -11 fiscal years. As discussed during the budget workshops, the Utility Capital Improvement Program identifies projects and estimates expenditures based on current construction costs. The Utility Capital Improvements Program is proposed to increase from a five -year total of $67,003,000 currently to a ten -year total of $130,453,000 under the revised program. Consider Proposed Ordinance No. 050927.5, adopting the 2005 -06 Baytown Area Water Authority Budget totaling $6,330,467. The Baytown Area Water Authority budget totals $6,330,467. The budget has been reviewed and approved by the Baytown Area Water Authority Board of Directors on August 17, 2005. Consider Proposed Ordinance No. 050927 -6, designating San Jacinto Medical Group for City Physician Services. Proposed Ordinance No. 050927 -6 authorizes San Jacinto Medical Group for City physician services in an amount not to exceed $93,025. Dr. Steven Melcher with San Jacinto Medical Group has provided excellent service to the City of Baytown this year. The service period shall be October 1, 2005 through September 30, 2006. Consider Proposed Ordinance No. 050927 -7, renewing the benefit consulting services with Jardine Lloyd Thompson (LLC) formerly known as Capital Risk and authorizing payment for providing such services. Proposed Ordinance No. 050927 -7 approves the annual consulting /brokerage agreement with Jardine Lloyd Thompson (LLC) formerly known as Capital Risk in the amount of $50,000 for consulting services related to the City's Health Benefit Program. The term of this contract is October 1, 2005 through September 30, 2006. The current amount is $35,000 and the $15,000 increase is within our projected budgeted amount. Consider Proposed Ordinance No. 050927 -8, renewing the contract with United Healthcare for Third Party Administration (TPA) Services and Stop Loss Coverage and authorizing payment for said services. Since the City is self - insured, we utilize a TPA to pay the medical and dental claims. PPO network fees, RX fees, and administrative fees will be directed through the TPA for payment. Actual cost will vary as coverage is based on per employee, per month rate; therefore, actual enrollment will dictate the total amount. The annual cost for administrative fees for 2004/2005 was $333,273. The estimated annual cost for 2005/2006 for administrative fees is $343,966 a 3.2% increase, which is within our projected budgeted amount. The contract period is October 1, 2005 through September 30, 2006. The ordinance also renews the annual contract with United HealthCare for Specific and Aggregate Stop Loss Coverage for the City's health benefit program in the amount of $589,669. Page 4 of 17 Minutes of the Regular Session — September 27, 2005 The annual cost for Stop Loss for 2004/2005 was $458,701. Both specific stop loss and aggregate stop loss coverage are based on per employee, per month rate; therefore, actual enrollment will dictate the total amount. The estimated premium of $589,669 is a 26.7% increase which is within our projected budgeted amount. The specific stop loss limit is $150,000. The contract period is October 1, 2005 through September 30, 2006. The increase in healthcare costs to employees and retirees was discussed. The overall increase this year is 35 %, 80 % to be assumed by the City, with 20% by the employees and retirees. To help mitigate the cost of the increase, two plan changes will be implemented: a $100 prescription deductible charge and an increase in out -of- pocket expenses in Plan B. Consider Ordinance No. 050927 -9, renewing the contract with United Behavioral Health for Employee Assistance Program Services (EAP) and authorizing payment for providing such services. The following services are provided. • Six counseling sessions per incident or per problem for employees and family members; • Supervisory/ management training and employee orientation and training; • Critical incident stress debriefing; • Work/Life services (financial and legal services); and, • Parenting and Adult/Elder Services. The cost is $2.94 per employee per month which is a budgeted item. The term of this contract is October 1, 2005 through September 30, 2006. Council Member Murray moved adoption of Proposed Ordinances 050927 -1 through 050927 -9 and Proposed Resolution No. 050927 -1. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: Council Member Renteria. The motion carved. ORDINANCE NO. 10,156 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006, IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. •dOd2I3I LL aLda SALID9JJ9 a -U X09 ONIQIA02Id aNd `•S2Ida WDSId i i -0i0Z HOMIHIL 90-SOOZ � LI, �I03 Y1Id2IO02Id .LNSy1i3AOlIdY1II 'Id.LIddD �.I.I'ILLCl SHI, ONIA02Iddd `SETX�,I, `N/k\O.L�dS 30 �•LD �-I.L d0 'IDNflOD �L.LD AIL d0 NOLLfYIOS�i d t+Li 'ON NOLLfTIOSHU 'JOaUR -IL Uda SALID219321 aNd NOLLdDI'ISfld ML NOd ONIQIAOZId aNd `•d0nBLL NOLLd•IOIA HDdg ZIOd (00.005$) sud•I'IOa ooi /ON aNd anQNriH 3AH 40 A.L -IdNRd NiMD(M d DNISRLJSHId !3SfIV D SONIAdS d ONINId.INOD `•gSfld'D ONI'1dgdaU d DNINIVJNOD `•S9Hd XH LO aNd .LMRd `9SN3DI'I NIVD13D 9SVMNI OZ aNd S3'DIAX3S TvDINdI-DaW aNd WDRIOR19 `ONISKnld `DNLiDV)LINOD ONI(ZIflS DNIIIU03lIad SNOSUgcl Nod SSdDoXd NOUVIL .SIDai V HSI'ISd•LS2i oZ `svx L `NAxojAdS `sgDNdNIGuo do a(ioD HRL 90 «SNd"Id a2IODau NO IliflS-SK„ tst-9Zi NOLTDas i NOISIAIa «`SId aWHAO2IcIKI» AI �'DLL2Id u`SNOISIAIQSf1S„ 9Zi 2i�I,ddl -D `• «S��3„ 8Li-Z� NOLI.7�S u`.LIY1RI�d„ Z NOISIAIa u`S,IN�- iSTISd.LS3 �"JIAlI�S a00d aNd a003„ AI �'DLL�Id �`N01.I.d,LINdS QNd 1-•L"Id3H„ Zt 2IaLddED `•(d) NOLIOHSSf1S „`).LTIISdIIadSNd2LL !Saga `•I�RIn» ZOii-81 NOLMS uSSNHDI'I 'IOOd ONIIAIL1IItk\S DTISfld„ Z NOISIAIa "`SddS QNd S'IOOd ONIIMY1iI&S„ IIIX 3 DI,.I.,2Id .`SNOLLd"If1Da2i DNIQ'IIf1S QNd SONIa'IIf1S„ 81 llmddID DNIQNH1id `•KPIOLLd2LI.SIOHU„ Z NOISIAIa aTZLLLNg QNd a9U9SWflM RS OZ NOISIAIa /ll1UN d aad OZ `SEiXU `N&O,LAdS `S3JNdNIaZiO 40 aaOD dF-I.L 30 «'Id2IHN99 NI„ I MLL2Id u`SNOLLd7f1D3Zi 9NIa'IIf1S QNd SONIQ'IIf1S» 81 ZIaI.cIdHD DNIQNH1id `SdXS.I. `NtX10.LidS 30 i.I.D -.n-LI. an 'IDNf10D I.I.D WUL in UDNdNIa2i0 Nd 65i`Oi 'ON S'JNdNIa2i0 0303X8H,I, Uda 9ALTDId33 QNd NOLLdDTISfId 3HL 2IOd ONIQIA02Id aNd `aogUaRI. 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ONLLL�S `SNX�I. `NtX10.I.�dS d0 �.I.D �I. d0 'IDNf10D �,I,D �I•L d0 �NdNIaZIO Nd 99 LSi`Oi 'ON �JJNdNIa2I0 SOOZ `LZ .�agivaldas — uoissas .�ein8ag aye 3o salnu�y� L [ 3o S abed Page 6 of 17 Minutes of the Regular Session — September 27, 2005 ORDINANCE NO. 10,160 AN ORDINANCE OF THE QTY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,161 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CITY PHYSICIAN SERVICES WITH SAN JAQNTO MEDICAL GROUP; AUTHORIZING PAYMENT FOR SUCH SERVICES IN AN AMOUNT NOT TO EXCEED NINETY THREE THOUSAND TWENTY FIVE AND N01100 DOLLARS ($93,025.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,162 AN ORDINANCE OF THE CITY CDUNCIL OF THE QTY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONSULTING /BROKERAGE AGREEMENT WITH JARDINE LLOYD THOMPSON, LLC, F /K /A CAPITOL RISK EMPLOYEE BENEFITS, LLC; AUTHORIZING PAYMENT BY THE QTY OF BAYTOWN, THE SUM OF FIFTY THOUSAND AND N0/100 DOLLARS ($50,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC, AS A THIRD PARTY ADMINISTRATOR FOR THE ADMINISTRATION OF MEDICAL AND DENTAL CLAIMS AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT IN THE AMOUNT OF THREE HUNDRED FORTY- THREE THOUSAND NINE HUNDRED SIXTY -SIX AND NO/ 100 DOLLARS ($343,966.00) FOR THE THIRD PARTY ADMINISTRATOR SERVICES; RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC, FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AUTHORIZING PAYMENT OF FIVE HUNDRED EIGHTY-NINE THOUSAND SIX HUNDRED SIXTY-NINE AND N01100 DOLLARS ($589,669.00) FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,164 AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, RENEWING THE ADMINISTRATIVE SERVICES AGREEMENT WITH UNITED BEHAVIORAL HEALTH FOR THE CITY'S EMPLOYEE ASSISTANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-FOUR THOUSAND SIX HUNDRED NINETY -SIX AND 00/100 DOLLARS ($24,696.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 17 Minutes of the Regular Session — September 27, 2005 Consider Proposed Ordinance No. 050927 -10, approving an $11,000 contract addendum with Larson /Bums, Inc. for construction services for the development of the Goose Creek Stream Greenbelt, Phase III. Council approved a $13,800 construction services agreement on September 23, 2004. This addendum will cover expenses caused by unforeseen developments in the plan due to changes in the site condition, most notably, the construction/ replacement of the railroad bridge. City Council approved the original contract on June 12, 1997 in the amount of $94,419; a second addendum was approved on September 9, 1999 in the amount of $60,000 and a third addendum on May 22, 2003 in the amount of $24,615.16. With this addendum, the total project for Larson/Bums, Inc. is $203,834.16. Eighty percent funding will come from Intermodal Surface Transportation Efficiency Act and Congestion Mitigation Air Quality funds in the amount of $163,067.33; twenty percent funding will come from the City in the amount of $40,766.83. Approximately sixty -two percent of the $1,630,901.62 project by Lone Star Road Construction, Ltd. is complete. The estimated 9,000 feet of 10 -foot wide multi- purpose trail along the shores of Goose Creek Stream, connecting Phase I at West Texas Avenue with Phase II at Arizona Street is expected to be completed before the first of the year. Mark Patterson, Contracts Administrator with the Texas Department of Transportation, has reviewed and approved the contract amendment. Council Member Renteria moved adoption 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 carved. ORDINANCE NO. 10,165 AN ORDINANCE OF THE QTY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, APPROVING ADDENDUM NO. 4 TO THE PROFESSIONAL CONSULTANT SERVICES CONTRACT BETWEEN THE CITY OF BAYTOWN AND LARSON DESIGN GROUP, INC, D /B /A LA.RSON /BURNS, INC., FOR ADDITIONAL SERVICES FOR THE DEVELOPMENT OF THE GOOSE CREEK STREAM GREENBELT PROJECT, PHASE III; AUTHORIZING PAYMENT IN THE AMOUNT NOT TO EXCEED ELEVEN THOUSAND AND NO /100 DOLLARS ($11,000.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050927 -11, the second reading of the Ordinance annexing property currently within the extra- te rritotial jurisdiction of the City of Baytown and being approximately 8.3957 acres of land in the Ed T. Schaffer Survey (W.C. & &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 Highland Farms, Harris County, Texas located east of Garth Road between Lynchburg -Cedar Bayou Road and South Road in Harris County, Texas (Cone's). CAI, LP., proposes a commercial development. City Council approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on July 14, 2005, "^ following publication in The Baytown Sun on June 30, 2005, and posted on the City's web site on June 28, 2005, more than ten days and less than 20 days prior to the public hearings. The ordinance was approved on its fast reading on August 11, 2005 and published in The Baytown Sun on August 16, 2005. Page 8 of 17 Minutes of the Regular Session — September 27, 2005 Council Member Capetillo 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. 10,122 AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE QTY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF 8.3957 ACRES OF LAND IN THE ED T. SCHAFFER SURVEY (W.C. & RR), 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 LYNCHBURG-CEDAR BAYOU ROAD AND SOUTH ROAD, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE QTY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 050927 -12, placing the 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 Fames 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 Lynchburg -Cedar Bayou Road and South Road in Hams County, Texas, in Council District No. 4. Council Member Murray moved adoption 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. The motion carved. ORDINANCE NO. 10,166 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 8.3957 ACRES OF LAND IN THE ED T. SCHAFFER SURVEY (W.0 & RR), 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 LYNCHBURG-CEDAR BAYOU ROAD AND SOUTH ROAD IN HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 9 of 17 Minutes of the Regular Session — September 27, 2005 Consider Proposed Ordinance No. 050927 -13, amending Chapter 42 "Health and Sanitation," Article IV "Food and Food Service Establishments," Division 2 "Permit," Section 42 -179 "Inspection of Premises," Section 42 -180 "Issuance "; Section 42 -185 "Suspension," Subsection (a); Section 42 -186 "Revocation," Subsection (a); and Division 3 "Inspection and Enforcement;" Section 42 -216 "Authority/Enforcement," Subsections (a) and (b) of the Code of Ordinances, Baytown, Texas. This action is necessary to allow the efficient and effective application of the Smoking Ordinance as it applies to food service establishments. There was discussion regarding how this amendment will allow staff to more uniformly enforce both the Smoking Ordinance and the Health and Sanitation chapters of the Code of Ordinances. It was emphasized that the ordinance will strengthen the Smoking Ordinance and ease the burden on the Health Inspectors when they attempt to verify the percentage of food and alcohol sold in restaurants and bars. Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Murray, and Sheley. Mayor Mundinger. Nays: Council Members Mahan and Renteria. The motion carried. ORDINANCE NO. 10,167 AN ORDINANCE OF THE QTY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE IV "FOOD AND FOOD SERVICE ESTABLISHMENTS," DIVISION 2 "PERMIT," SECTION 42 -179 "INSPECTION OF PREMISES," SECTION 42 -180 "ISSUANCE "; SECTION 42 -185 "SUSPENSION," SUBSECTION (A); AND SECTION 42 -186 "REVOCATION," SUBSECTION (A); AND DIVISION 3 "INSPECTION AND ENFORCEMENT," SECTION 42 -216 "AUTHORITY /ENFORCEMENT," SUBSECTIONS (A) AND (B) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALLOW THE EFFICIENT AND EFFECTIVE APPLICATION OF THE SMOKING ORDINANCE AS IT APPLIES TO FOOD SERVICE ESTABLISHMENTS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/ 100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider approving plans and specifications and authorizing advertisement for bids for the Craigmont Lift Station Rehabilitation Project. The scope of work includes the removal and replacement of the suction piping and equipment in the wet well. In addition, the liquid level control, liner, and access hatch for the existing wet well will be replaced. The total estimated construction cost for this project is $100,000. The funding for the project will be 2004 Certificates of Obligation and the construction duration is 90 calendar days. Page 10 of 17 Minutes of the Regular Session — September 27, 2005 Council Member Capetillo moved approval of plans and specifications for the Craigmont Lift Station Rehabilitation Project and authorization for advertisement for bids. 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 carved. Consider Proposed Resolution No.050927 -2, accepting a petition requesting annexation submitted by YSAA Realty, Ltd., of a 0.323 acre tract situated in the Ed T. Scheffer Survey Abstract 1224, Harris County, Texas and being out of and a part of Lot 12 and the West 1/2 of Lot 13, Block 1 of the East End Addition to Highland Farms Subdivision; map of which is of record in Volume 15 at Page 60 of the Map Records of Harris County, Texas. The said 0.323 of an acre also being out of and a part of that certain 0.838 of an acre tract heretofore surveyed out of Lots 10, 11, 12 and 13, Block 1 of said East End Addition to Highland Farms Subdivision. The subject property is located on North Road near the intersection of Garth Road. The property is proposed to be developed as commercial lease property. Within 30 days of the filing of the petition for annexation, the City Council must consider granting the petition and consider authorizing staff to prepare an annexation service plan. The proposed resolution also directs staff to prepare a service plan for the proposed annexation and to schedule the necessary public hearings. Council Member Anderson moved adoption 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. 1745 A RESOLUTION OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF YSAA REALTY, LTD., CONCERNING THE ANNEXATION OF A 0.323 - ACRE TRACT SITUATED IN TIDE ED T. SCHAFFER SURVEY ABSTRACT 1224, HARRIS COUNTY, TEXAS, AND AUTHORIZING TIE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 11 of 17 Minutes of the Regular Session — September 27, 2005 Consider Proposed Ordinance No. 050927 -14, approving the purchase of property from Texas Star Breeders Stables, LLC, for the purchase of land for new Fire Station # 5. The property is located adjacent to Bayway Drive in Baytown, Harris County, Texas, more particularly described as Restricted Reserve A on the Amending Plat of Guzman Park, a Subdivision in Harris County, Texas, being filed in the real property records of Hams County Clerk's Office under file number Y134339, being approximately 4.0522 acres. Proposed Ordinance No. 050927 -14 approves the purchase of 4.0522 acres of property from Texas Star Breeders Stables, LLC for new Fire Station # 5 in the amount of $66,000. The funding for this purchase is from the CIPF. The purchase of this property will allow the City to move forward with the plans for construction of a new fire station facility that will replace the existing Fire Station # 5 built in 1962. Council Member Capetillo moved adoption 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 carved. ORDINANCE NO. 10,168 AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF RESTRICTED RESERVE A ON THE AMENDING PLAT OF GUZMAN PARK, A SUBDIVISION IN HARRIS COUNTY, TEXAS, BEING FILED IN THE REAL PROPERTY RECORDS OF HARRIS COUNTY CLERK'S OFFICE UNDER FILE NUMBER Y134339, BEING APPROXIMATELY 4.0522 ACRES IN BAYTOWN, HARRIS COUNTY, TEXAS, FROM TEXAS STAR BREEDERS STABLES, LLC; DIRECTING THE CITY MANAGER TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO AN EARNEST MONEY CONTRACT FOR SUCH PURCHASE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050927 -3, nominating a candidate for a position on the Board of Directors of the Chambers County Appraisal District. Proposed Resolution No. 050922 -3 nominates Kirby J. Priest of Baytown to serve on the Board of Directors of the Chambers County Appraisal District (CCAD). Mr. Priest currently serves on the board and has agreed to be nominated to serve another term on the board. After all nominations have been received by the chief appraiser, a ballot will be developed containing the names of the nominees and the City Council will be asked to cast its 40 votes for one of the nominees, or to divide its votes among two or more nominees. At the September 8, 2005 City Council meeting the City Council indicated its preference for Mr. Priest to serve on the CCAD board; however, a resolution is needed to place Mr. Kirby's name into nomination. Page 12 of 17 Minutes of the Regular Session — September 27, 2005 Consider Proposed Resolution No. 050927 -4, nominating a candidate for a position on the Board of Directors of the Harris County Appraisal District. Proposed Resolution No. 050922 -4 nominates Bill Harry to serve on the Board of Directors of the Harris County Appraisal District (HCAD). Mr. Harry currently serves on the board and has agreed to be nominated to serve another term. After all nominations have been received by the chief appraiser, a ballot will be developed containing the names of the nominees and the City Council will be asked to cast the City's vote. At the September 8, 2005 City Council meeting the City Council indicated its preference for Mr. Harry to serve on the HCAD board; however, a resolution is needed to place Mr. Harry name into nomination. Council Member Sheley moved appointment of Kirby J. Priest to the Board of Directors of the Chambers County Appraisal District and Bill Harry to the Board of Directors of the Harris County Appraisal District. 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 carved. RESOLUTION NO. 1746 A RESOLUTION OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE CHAMBERS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1747 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a. Proposed Ordinance No. 050927 -15 awards the first renewal of the annual sulfur dioxide contract to DXI Industries, Inc., in the amount of $50,800.00. DXI has submitted a written request to renew the contract for the same pricing, terms and conditions. Price per ton is $508.00. This contract is used for de- chlorination in the wastewater treatment plants. b. Proposed Ordinance No. 050927 -16 awards the second renewal of the annual frozen dinners contract to Lewis Food Town, Inc., in the amount of $27,125.00. Lewis Food Town submitted a written request to renew the current contract for the same pricing, terms and conditions. Frozen Dinners are served to the Baytown Jail Facility prisoners. Page 13 of 17 Minutes of the Regular Session — September 27, 2005 C. Proposed Ordinance No. 050927 -17 awards the renewal of the annual construction materials contract to Deer Park Lumber Company, Ltd., in the amount of $75,000.00. Deer Park Lumber submitted a written request to renew the current contract for the same compensation, terms and conditions. Lumber pricing fluctuates constantly due to pulp pricing. Pricing for lumber cannot be held firm for the entire term of this contract. Unit pricing is obtained weekly from the Random Lengths Lumber /Market Price Guide published weekly. This contract is used by all departments for construction materials, roofing materials, and masonry items. d. Proposed Ordinance No. 050927 -18 authorizes the microfilming of Municipal Court records to Lason Systems, Inc., in the amount of $32,742.37. Lason Systems, Inc. is a QISV vendor. A local government that participates in the cooperative purchasing program established under sections 271.082 and 271.083 of the Local Government Code satisfies otherwise applicable competitive bidding requirements when it makes a purchase through the catalogue purchasing procedure established by Section 2157.067 of the Government Code. The purpose of the QISV (Qualified Information Systems Vendors) Catalogue Purchasing Program is to allow for qualified entities (state agencies and political subdivisions) to purchase automated information systems products and/or services in an efficient, cost effective, and competitive procurement method. e. Proposed Ordinance No. 050927 -19 approves a donation of a 0.6752 -acre tract of land from Abshier -Meuth for the Goose Creek Stream Greenbelt Trail Phase IC project. The proposed trail will connect Goose Creek Park located next to West Texas Avenue and will follow Goose Creek and will end at Garth Road at Shillings Street. An additional trail will connect to the Central Little League Park trail and the Graywood Subdivision. f. Proposed Ordinance No.050927 -20 approves expenditure through the Texas Local Government Purchasing Cooperative (Buyboard) for $192,805.00 with MUSCO Sports Lighting, LLC for the purchase and installation of new lighting systems at North Little League Park g. Proposed Ordinance No. 050927 -21 approves a contract with the Baytown Opportunity Center (BOQ for park cleaning and litter removal. This contract covers a 12 -month period of park clean up and janitorial services. It covers weekday litter cleanups and janitorial services at the Gray Sports Complex from February through September, and park cleanup at Bicentennial Park following the July 4`h Celebration. The contract also includes weekday janitorial services of the public restroom at Roseland Park and weekday cleanup of the restroom and pavilion facilities at the Jo Roosa Pavilion in Goose Creek Park for 12 months. The cost of the contract has increased $13,987.66 or 23% due to the expansion for the Wayne Gray Sports Complex and fuel cost. The Girls Fast Pitch Softball Association will reimburse the city for the cleaning of the facilities around the fields used during GFSA games and tournaments. Ruby Pinson, Director of the Baytown Opportunity Center, has reviewed the proposed contract and has indicated that it meets with her approval. h. Proposed Ordinance No. 050927 -22 authorizes the city manager to execute a letter agreement in an amount not to exceed $2,000 with the Bay Area Heritage Society of Baytown for a sign on the front lawn of the Baytown Historical Museum. This expenditure will be funded by the Hotel Occupancy Tax new initiatives account. Page 14 of 17 Minutes of the Regular Session — September 27, 2005 i. Proposed Ordinance No. 050927 -23 authorizes an Intergovernmental Emergency Mutual Aid Agreement with the City of Houston ( "Houston "). The City of Baytown ( "Baytown ") has provided emergency mutual aid services to Houston on behalf of Hurricane Katrina disaster. This agreement allows Baytown to continue to do so in response to Hurricane Katrina and for any other services that may be requested by Houston. The proposed agreement provides, in general, that: • Baytown will render aid to the extent of available personnel and equipment when requested by Houston; • Personnel dispatched will remain Baytown employees but work under the supervision of Houston; and, • Baytown can withdraw its aid at any time and shall not be liable for its failure or refusal to render aid pursuant to the Agreement. Council Member Sheley moved adoption of the consent agenda, items a through i. 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 carved. ORDINANCE NO. 10,169 AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF DXI INDUSTRIES, INC., FOR THE ANNUAL SULFUR DIOXIDE GONTRACT AND AUTHORIZING PAYMENT BY THE QTY OF BAYTOWN, THE SUM OF FIFTY THOUSAND EIGHT HUNDRED AND NO /100 DOLLARS ($50,800.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,170 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF LEWIS FOOD TOWN, INC., FOR THE ANNUAL FROZEN DINNERS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-SEVEN THOUSAND ONE HUNDRED TWENTY FIVE AND NO /100 DOLLARS ($27,125.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,171 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF DEER PARK LUMBER COMPANY, LTD., FOR THE ANNUAL CONSTRUCTION MATERIALS CONTRACT AND AUTHORIZING PAYMENT BY THE QTY OF BAYTOWN, THE SUM OF SEVENTY-FIVE THOUSAND AND N01100 DOLLARS ($75,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 15 of 17 Minutes of the Regular Session — September 27, 2005 ORDINANCE NO. 10,172 AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY TWO THOUSAND SEVEN HUNDRED FORTY- TWO AND 37/100 DOLLARS ($32,742.37) TO LASON SYSTEMS, INC, FOR MICROFILMING OF MUNICIPAL COURT RECORDS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING FROM ABSHIER MEUT -L LLP, THE DEDICATION OF A 0.6752 -ACRE TRACT OF LAND FOR THE GOOSE CREEK STREAM GREENBELT TRAIL PHASE IV PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,174 AN ORDINANCE OF THE CITY COUNCIL, QTY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED NINETY-TWO THOUSAND EIGHT HUNDRED FIVE AND N01100 DOLLARS ($192,805.00) TO MUSCO SPORTS LIGHTING, LLC, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE FOR THE PURCHASE AND INSTALLATION OF NEW LIGHTING SYSTEMS AT NORTH LITTLE LEAGUE PARK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO A CONTRACT WITH BAYTOWN OPPORTUNITY CENTER FOR PARK CLEANING; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY THOUSAND EIGHT HUNDRED SIXTY-THREE AND 37/100 DOLLARS ($60,863.37); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,176 AN ORDINANCE OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH THE BAY AREA HERITAGE SOCIETY OF BAYTOWN, TEXAS, FOR A SIGN ON THE FRONT LAWN OF THE BAYTOWN HISTORICAL MUSEUM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO THOUSAND AND N01100 DOLLARS ($2,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,177 AN ORDINANCE OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO AN INTERGOVERNMENTAL EMERGENCY MUTUAL AID AGREEMENT WITH THE CITY OF HOUSTON; AND PROVIDING FOR THE EFFECIIVE DATE THEREOF. Page 16 of 17 Minutes of the Regular Session — September 27, 2005 Consider Resolution No. 050927 -5, designating a representative and an alternate for the General Assembly of the Houston - Galveston Area Council for the 2006 year. The bylaws of the Houston - Galveston Area Council authorize each member city with a population of at least 25,000 but not more than 99,999 population according to the last preceding Federal Census (2000) to select one member of its governing body as its representative and one member of its governing body as an alternate to the H GAC General Assembly. H GAC bylaws also stipulate that our Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on the H GAC Board of Directors. The City Council will need to select a representative and an alternate. Council Member Anderson moved the designation of Council Member Murray and Mayor Calvin Mundinger to serve as the City of Baytown's representative and alternate, respectively, to the General Assembly of the Houston - Galveston Area Council for the year 2006. 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. 1748 A RESOLUTION OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWNS REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON GALVESTON AREA COUNCIL FOR THE YEAR 2006; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Conduct an appeal of the Chief Building Official's decision concerning construction of El Toro's restaurant located at 5810 Garth Road. This item was not ready for consideration. Consider affirming, modifying, or reversing the decision of the Chief Building Official concerning construction of E1 Torso's restaurant located at 5810 Garth Road. This item was not ready for consideration. City Manager's Report City Manager Jackson informed Council that during Hurricane Rita the preceding week, the Baytown Area Water Authority had experienced an electrical outage when the power substation ceased to function. During an attempt to switch to the auxiliary generator, a fire erupted. Due to this situation, citizens and businesses have been asked to voluntarily conserve water this week until the plant is once again fully operational. Page 17 of 17 Minutes of the Regular Session — September 27, 2005 �. In addition, it was later discovered that the Coastal Water Authority, which supplies Baytown and many communities and industries in the southeast Texas area, had also experienced a power failure. With the assistance of many local officials, the help of CenterPoint Energy was enlisted to modify the power grid so that power could be supplied to the pumps and the flow of water from the Trinity River restored. It is anticipated that the City's reservoir will receive the water for treatment tomorrow moming and the conservation measures may then be lifted. Mr. Jackson stressed that there had never been mandatory water conservation or contamination of the water supply. Mr. Jackson praised the Gty's Public Works Department for its outstanding efforts with brush pick up and road clearance after the hurricane. He noted that other contractors have been contacted for assistance with other aspects of the cleanup efforts. He informed Council that approximately 1,200 persons with no other means of transportation were taken by bus to various locations to escape the impending storm The buses were supplied by the Goose Creek Consolidated Independent School District. Mr. Jackson commended the hundreds of dedicated City employees who worked around the clock until mandatory evacuation was declared and they left to avoid the hurricane. In addition, he praised the more than 300 City employees who had been deployed during the storm from Thursday, September 22 through Sunday, September 25, 2005. He said that the City had been prepared had it suffered a direct ha because the emergency management operation had functioned smoothly. Adjourn. Council Member Renteria 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 tamed. There being no further business, the meeting adjo J