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2005 11 22 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 22, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in special session on November 22, 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 Mercedes Renteria III Scott Sheley Calvin Mundinger Gary M. Jackson Kelvin Knauf Bob Leiper Karen Horner Council Member Murray was absent. Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant Gty Manager /Interim City Clerk Deputy City Manager First Assistant City Attorney The meeting was opened with a quorum present and Council Member Capetillo 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 November 10, 2005. Council Member Mahan moved approval of the minutes of the work session and regular meeting held on November 10, 2005. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider Proposed Ordinance No. 051122 -1, the first reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being described as 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. 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 Fames Subdivision. Subject property is located on North Road near the intersection of Garth Road. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Page 2 of 8 Minutes of the Regular Session - November 22, 2005 Ayes: Council Members Anderson, Capetillo, Mahan, Renteria, and Sheley. Mayor. Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,210 AN ORDINANCE OF THE QTY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE QTY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 0.323 ACRE TRACT SITUATED IN THE ED T. SCHAFFER SURVEY, ABSTRACT 1224, HARRIS COUNTY, TEXAS, AND BEING OUT OF A PART OF LOT 12 AND THE WEST 1h OF LOT 13, BLOCK 1 OF THE EAST END ADDITION TO HIGHLAND FARMS SUBDIVISION AND 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; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE QTY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 051122 -2, for a " No Parking, Tow Away Zone" created 50 feet back from the intersection of Hugh Echols Boulevard @ Baker Road on the west side of Hugh Echols Blvd and extending 475 feet; or Consider Proposed Ordinance No. 051122 -3, for a "No Parking, Tow Away Zone" created 50 feet back from the intersection of Hugh Echols Blvd @ Baker Road on both sides of Hugh Echols Boulevard and extending 475 feet City Council discussed this request for a No Parking Zone at the November 10'b meeting and tabled action to allow time to explore the use of Harris County property for overflow parking for the GC ISD Greens Center. Council Member Anderson moved to postpone action on this item, pending further study and until more information regarding the parking situation is received from Harris County. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Renteria, and Sheley. Mayor. Mundinger. Nays: None. The motion carried. Consider Proposed Resolution No. 051122 -1 naming the new Baytown Police Academy the "Robert P. Merchant Police Academy" in honor of retired Assistant Chief of Police Robert P. rmN Merchant The Baytown Police Department administration and the Baytown Police Academy Advisory Board recommend that the new academy be named in honor of retired Assistant Chief of Police Robert P. Merchant who has been instrumental in the construction and completion of the new academy as well as the continued education and training of many area law enforcement officers. Page 3 of 8 Minutes of the Regular Session - November 22, 2005 According to these organizations, naming the new police academy in honor of Mr. Merchant is an appropriate gesture to demonstrate his selfless, life -long service to the Baytown citizenry, police department, and the law enforcement profession. Mr. Merchant has continued to serve on the Baytown Police Academy Advisory Board for over ten years, with nine years as the Chairnnan, thereby providing support for the training of all police officers attending the academy. Council Member Anderson moved adoption of the proposed resolution. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Renteria, and Sheley. Mayor. Mundinger. Nays: None. The motion carved. RESOLUTION NO. 1755 A RESOLUTION OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, NAMING THE BAYTOWN POLICE ACADEMY IN HONOR OF ROBERT P. MERCHANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Receive a report on the agreements for repairs between the City of Baytown and A&K Investments I, Inc. and Woodbridge Properties LLC for property located at 2300 Taft Circle. On November 10, 2005 the City Council reversed the decision of the Urban Rehabilitation Standards Review Board ordering the demolition of the buildings at 2300 Taft Circle owned by A&K Investments I and Cornerstone /Woodbridge Properties LLC. Also at that meeting, the City Council instructed staff to update the City Council on November 22, 2005 as to the agreements for repairs for the Taft Circle Apartments. Assistant City Anomey Danny Jackson informed Council that both parties had submitted signed contracts to the City and had pledged to submit the $50,000 bond no later than the deadline of December 1, 2005. Consider the street maintenance sales tax program and provide direction to staff. At the October 25, 2005 and November 10, 2005 work sessions the City Council discussed the Street Maintenance Sales Tax Program. Several alternative allocation plans have been discussed. Staff is ready to proceed with issuance of additional work orders as soon as the next list of streets is finalized for mill, base repair, and overlay. After discussion, it was the consensus of Council present that funds be allocated by the percentage of eligible streets, based on 21,000 linear feet of mill, base repair, and overlay. Council Members will each submit to staff the list of streets in his district to be repaired no later than January 12, 2006. In tum, staff will compile and place the draft list of the proposed streets to be repaired on the agenda for Council consideration on January 26, 2006. Page 4 of 8 Minutes of the Regular Session — November 22, 2005 Consider Proposed Ordinance No. 051122 -4 to approve deduct change order No. 4 to LEM Construction Co., Inc. for the East District Wastewater Treatment Plant Renovations Project. Proposed Ordinance No. 051122 -4 approves deduct Change Order No. 4 in the amount of $28,005 for a credit to the City of Baytown for the East District Wastewater Treatment Plant (VWiITP) Renovations Project. This change order includes the deletion of all work related to the installation of a 14 -inch return activated sludge (RAS) pipe and associated air lift pumping equipment that was to serve treatment train number three. During construction, the contractor discovered the presence of trash and debris from the old landfill on which the plant resides. As such, the cost to install the 14 -inch RAS pipe became cost prohibitive and hence, it is recommended that this portion of the work be deleted from the contract. The original contract amount was $1,870,300 and Change Order Nos. 1 -3 increased the amount by $67,338.99 for an adjusted contract amount of $1,937,638.99. Change Order No. 4 decreases the contract amount by $28,005 for a revised contract price of $1,909,633.99. This change order adds another 45 days to the contract duration for a total of 600 calendar days. This additional construction time is necessary due to the time spent determining the appropriate response to the discovery of landfill material in the construction area. Council Member Mahan moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carved. ORDINANCE NO. 10,211 AN ORDINANCE OF TIdE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING (MANGE ORDER NO. 4 WITH LEM OONSTRUCTION GO., INC., FOR THE EAST DISTRICT WASTEWATER TREATMENT PLANT RENOVATIONS PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 051122 -5, approving final payment to PM Construction & Rehab, L.P., and accepting the Chaparral and Graywood Sanitary Sewer Rehabilitation Project. Proposed Ordinance No. 051122 -5 adjusts final quantities, approves final payment of $78,316.68 to PM Construction & Rehab L.P., and accepts the Chaparral and Graywood Sanitary Sewer Rehabilitation project. The original contract was awarded to PM Construction for $1,534,791.35 and the contract duration was 150 calendar days. Inclement weather added 16 additional days for an amended contract duration of 166 calendar days. Change Order Nos. 1 -2, totaling $24,459, were approved administratively and increased the contract amount to $1,559,250.35. Items included in these change orders were by -pass pumping and cleaning and televising of sewer lines to remain in place. The final balance sheet shows a reduction in the final contract amount by $214,647.20 to $1,344,603.15, which represents a 13.77% cost savings. The cost savings was largely due to an adjustment of final quantities on various bid items and the discovery of several existing PVC lines that did not need to be replaced. The contractor finished the project in the allotted time and the workmanship was satisfactory. Page 5 of 8 Minutes of the Regular Session — November 22, 2005 This project was designed in -house by the Engineering Department and the final contract amount of $1,344,603.15 is well below the budgeted amount of $2,250,802 thus achieving a significant cost savings to the City. Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,212 AN ORDINANCE OF THE QTY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, ACCEPTING THE CHAPARRAL AND GRAYWOOD SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTY-EIGHT THOUSAND THREE HUNDRED SIXTEEN AND 68/100 DOLLARS ($78,316.68) TO PM CONSTRUCIION & REHAB, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a. Consider Ordinance No. 051122- 6 awarding the purchase of cabling, security and fiber optics for new Emergency Operation Center and Police Academy to eLinear Solutions. This purchase is for the server, server software, and computers for the new EOG These items will allow the EOC operations to be able to run independent of the City network should a catastrophic event occur preventing access to email and internet connectivity. Funding for this project is from a Homeland Security Grant and must be encumbered on or before 30 November 2005. eLinear is a QSV vendor on the Texas State Contract. b. Consider approving plans and specifications and authorizing advertisement for bids for the Fire Station # 3 Expansion Project. The scope of work includes the expansion of the existing Fire Station # 3 building to house EMS personnel. The size of the expansion is approximately 650 square feet and will include a common living space area. The opinion of probable cost and/or the estimated construction cost, which includes a five percent contingency, is $181,826. The contract duration for this project is 120 calendar days and is funded from the General CIPF fund by an allocation in the 2004 -2005 budget. C. Proposed Ordinance No. 051110 -7 authorizes an electric sales agreement with the Texas General Land Office ( "GLO") for the purchase of electricity through the state power program The program allows the land commissioner to convert oil and gas royalties from public land into electricity and sell it to public schools, state universities, state agencies and local governments at a discount. Under this program, Reliant Energy Retail will purchase the state's natural gas and arrange for the generation and delivery of electricity to the participating public entities at a discounted rate, off of the Reliant Energy /I-IL, kP base rate. The City participated in this program prior to electric deregulation, which commenced on January 1, 2002. Page 6 of 8 Minutes of the Regular Session - November 22, 2005 Since deregulation, the City has participated in the aggregation group established by the ' H GAC Energy Purchasing Corporation; the City's contract with H GAC expires on December 31, 2005. While the proposed ordinance approves the agreement, the same will not be executed until the City obtains indicative pricing from the GLO as well as I�GAC and any other retail electric provider or aggregation group so that the best value to the City can be determined. This proposed ordinance preserves the City's option of locking in an advantageous rate with the GLO since rates change daily. The rate that the City approves may be for a one -year, two -year, or three -year term d. Proposed Resolution No. 051122 -2 casting the City of Baytown's ballot for the election of a representative to the Board of Directors of the Chambers County Appraisal District. On September 22, 2005 the City Council passed a resolution nominating Kirby J. Priest for the Chambers County Appraisal District Board of Directors. This resolution casts the City's 40 votes for Mr. Priest of Baytown to serve on the Board of Directors of the Chambers County Appraisal District. Mr. Priest currently serves on the board and has agreed to serve another term, if elected. Council Member Sheley moved adoption of the consent agenda, items a through d. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carved. ORDINANCE NO. 10,213 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 AN AGREEMENT WITH ELINEAR SOLUTIONS FOR THE PURCHASE AND CONFIGURATION OF A SERVER AND WORKSTATIONS FOR THE NEW EMERGENCY OPERATIONS CENTER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF FIFTY-ONE THOUSAND SEVEN HUNDRED EIGHTY-NINE AND NO /100 DOLLARS ($51,789.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN ELECTRIC SALES AGREEMENT WITH TEXAS GENERAL LAND OFFICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1756 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE CHAMBERS CDUNTY APPRAISAL DISTRICT, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 8 Minutes of the Regular Session — November 22, 2005 Consider appointments to the Baytown Beautification Commission. Council Member Anderson moved appointment of George Chandler to the Baytown Beautification Commission for a two-year term Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider appointments to the Youth Advisory Commission. Council Member Capetillo moved appointment of Laura Siegelman, Kinnisha Joseph, and Crispin Beans to the Youth Advisory Commission. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carved. Consider appointments to the Baytown Industrial Development Corporation Board. All the Board members serve two -year terms and all terms expire on December 14, 2005; however the bylaws stipulate that no member can serve longer than six years on the Board. Mayor Mundinger was appointed on December 9, 1999 and cannot be reappointed. Likewise, since the directors serve two -year terms, Councilmen Murray and Anderson would also not be eligible for a full two-year term They both were appointed once their predecessors were no longer on Council and, therefore, are no longer eligible. They were initially appointed on May 23, 2000 and reappointed on December 13, 2001 and December 11, 2003. Council Member Sheley moved appointment of Brandon Capetillo, Council Member District 3, to the Baytown Industrial Development Corporation Board. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider appointments to the Community Development Advisory Committee. This item was not ready for consideration. Page 8 of 8 Minutes of the Regular Session - November 22, 2005 Consider confirmation of appointment of the City Clerk. This item was not ready for consideration. City Council to consider moving the December 8th meeting to the Tejas Room at the Community Center, 2407 Market Street. Council Member Sheley moved to relocate the December 8, 2005 meeting of the City Council to the Tejas Room at the Community Center, 2407 Market Street. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. City Manager's Report. City Manager Jackson announced that the annual Christmas Parade would begin at 6:30 p.m. on Thursday, December 1, 2005. In addition, he informed Council that the annual Art League Reception would be held on Friday, December 2, 2005 at the Community Center. Adjourn. Council Member Renteria moved that the meeting adjourn. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carved. There being no further business, the meeting adjou