2004 03 11 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 11, 2004
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on March 11, 2004, at 6:30
p.m. in the Council Chamber of Baytown City Hall with the following in attendance:
Ronnie Anderson
Council Member
Coleman Godwin
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Mercedes Renteria III
Council Member
Scott Sheley
Council Member
Pete C. Alfaro Mayor
Gary M. Jackson City Manager
Bob Leiper Assistant City Manager
Karen Horner First Assistant City Attorney
Gary W. Smith City Clerk
The meeting was opened with a quorum present and Council Member Anderson led the pledge of
allegiance. Mayor Alfaro recognized the high school students present after which the following
business was conducted:
Consider approval of minutes of the work session and regular meeting held on February 26,
2004.
Council Member Mundinger moved approval of the minutes of the work session and regular meeting
held on February 26, 2004. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider approval of minutes of the work session on March 3, 2004.
Council Member Mundinger moved approval of the minutes of the work session held on March 3,
2004. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
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COUNCIL PACKET
March 11, 2004
6:30 p.m.
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CITY OF BAYTOWN.
• AGENDA FOR REGULAR COUNCIL MEETING
Thursday,March 11,2004 --6:30 p.m.
Pledge of Allegiance and Invocation—Council Member Anderson.
1. Consider approval o f minutes for the work s ession and regular meeting held o n F ebruary 26,
2004.
2. Consider approval of minutes for the work session held on March 3, 2004.
3. Conduct the public hearing on the City of Baytown's Storm Water Management Program
proposed Best Management Practices.
4. Conduct the first public hearing on the proposed annexation of a 7.519-acre tract of land in the E.
T. Schaffer Survey, Abstract No. 1224 and the Harvey Whiting Survey, Abstract No. 840, being
part of Lot 11 and Lot 12, Block 21 of Highland Farms Subdivision and part of Lot 26, and all of
Lots 27, 28, and 29 of Block 7 of the East End Addition to Highland Farms in Harris County,
Texas.
5. Conduct the second public hearing on the proposed annexation of a 7.519-acre tract of land in
the E. T. Schaffer Survey, Abstract No. 1224 and the Harvey Whiting Survey, Abstract No. 840,
being part of Lot 11 and Lot 12, Block 21 of Highland Farms Subdivision and part of Lot 26, and
all o f L ots 2 7, 2 8, and 2 9 o f B lock l o f the East End A ddition t o Highland Farms in Harris
County, Texas.
6. Conduct the first public hearing on the proposed annexation of a 57.2-acre tract of land in the
William Bloodgood League, Abstract No. 4 in Harris County, Texas, south of Interstate
Highway No. 10, west of Cedar Bayou, and east of and adjacent to the Southern Pacific Railroad
right-of-way.
7. Conduct the second public hearing on the proposed annexation of a 57.2-acre tract of land in the
William Bloodgood League, Abstract No. 4 in Harris County, Texas, south of Interstate
Highway No. 10, west of Cedar Bayou, and east of and adjacent to the Southern Pacific Railroad
right-of-way.
8. Conduct the public hearing regarding the issuance of education revenue bonds by the Milford
Higher Education Facilities Corporation Education Revenue Bonds (Baytown Christian
Academy, Inc., Project) Series 2004.
9. Consider Proposed Resolution No. 040311-1, approving the issuance of Milford Higher
Education Facilities Corporation Education Revenue Bonds (Baytown Christian Academy, Inc.,
1P
Project) Series 2004.
10. Receive the 2003 Racial Profiling Report.
Agenda—March 11, 2004
Page 2
11. Consider Proposed Ordinance No. 040311-1, approving an interlocal agreement with the •
Baytown Municipal Development District to provide funding for debt service for the Northeast
Wastewater Treatment Plant.
12. Consider approving plans and specifications for the Hill Terrace and Shreck Water Service Line
Replacement Project Water Service Lines and authorize advertisement for bids.
13. Consider approving plans and specifications for the Craigmont Sanitary Sewer Phase II Project
and authorize advertisement for bid.
14. Consider approving plans and specifications for the Park Street Drainage Project.
15. Consent Agenda
a. Consider approving plans and specifications for the 2004 Annual Concrete Work
Contract and authorize advertisement for bids.
b. Consider Proposed Resolution No. 040311-2, accepting a $30,000 contribution from
Exxon Mobil Corporation supporting the Baytown Nature Center's Environmental
Education Programs.
c. Consider Proposed Resolution No. 040311-3, authorizing the reimbursement for projects
scheduled to begin prior to the issuance of bonds. 411111
d. Consider Proposed Resolution No. 040311-4, appointing the election officials for the
general and special elections to be held on May 15, 2004.
16. Consider confirmation of the City Manager's appointment of the Fire Chief.
17. City Manager's Report.
Household Hazardous Waste Collection Day/Recyclable Electronics Exchange, March
20, 2004, 1200 Lee Drive from 8:00 a.m. - 2:00 p.m.
Annual Trash-Off, May 1, 2004, Wetlands Center from 8:00 a.m.-2:00 p.m.
Budget Calendar
18. Adjourn.
•
t
CITY OF BAYTOWN
PREFACE FOR REGULAR COUNCIL MEETING
Thursday, March 11 20011 6:3 0 p.m:
Pledge of Allegiance and Invocation—Council Member Anderson.
1. Consider approval of minutes for the work session and regular meeting held on February 26, 2004.
2. Consider approval of minutes for the work session held on March 3, 2004.
3. Conduct the public hearing on the City of Baytown's Storm Water Management Program proposed Best
Management Practices. It is necessary to conduct a public hearing giving all interested parties the right
to appear and be heard regarding the proposed six minimum control measures and subsequent best
management practices of the City of Baytown's Texas Pollution Discharge Elimination System permit
application process of the Storm Water Management Program. This Program is required by the U.S.
Environmental Protection Agency. The purpose of the Program is to reduce the discharge of pollutants
into our local creeks, streams, bays, and bayous. Copies of the Best Management Practices were made
available in the City Clerk's Office and on the City of Baytown Website for public review prior to the
hearing.
ilkConduct the first public hearing on the proposed annexation of a 7.519-acre tract of land in the E. T.
Schaffer Survey, Abstract No. 1224 and the Harvey Whiting Survey, Abstract No. 840,being part of Lot
11 and Lot 12, Block 21 of Highland Farms Subdivision and part of Lot 26, and all of Lots 27, 28, and
29 of Block 7 of the East End Addition to Highland Farms in Harris County, Texas. The property is
located north of Lynchburg-Cedar Bayou Road, east of Garth Road and the pipeline right-of-way and
west of West Road. Additionally, the proposed annexation will include that portion of West Lynchburg-
Cedar Bayou Road that is adjacent to the Am-Mex property and extending to the east to Goose Creek
and not included within the city limits. 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 February 26, 2004 and posted on the City's website on the same day,
at least twenty and more than ten days prior t o t oday's d ate. A m-Mex Restaurant, Inc. i s requesting
annexation to receive city services. The property is proposed to be developed as a restaurant. The
service plan for the annexation is provided in your packet. 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.
•
Preface,March 11,2004
Page 2
5. Conduct the second public hearing on the proposed annexation of a 7.519-acre tract of land in the E. T.
Schaffer Survey, Abstract No. 1224 and the Harvey Whiting Survey, Abstract No. 840, being part of Lot
11 and Lot 12, Block 21 of Highland Farms Subdivision and part of Lot 26, and all of Lots 27, 28, and •
29 of Block 7 of the East End Addition to Highland Farms in Harris County, Texas. The property is
located north of Lynchburg-Cedar Bayou Road, east of Garth Road and the pipeline right-of-way and
west of West Road. Additionally, the proposed annexation will include that portion of West Lynchburg-
Cedar Bayou Road that is adjacent to the Am-Mex property and extending to the east to Goose Creek
and not included within the city limits. 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 February 26, 2004 and posted on the City's website on the same day,
at least twenty and more than ten days prior to today's date. Am-Mex Restaurant, Inc. is requesting
annexation to receive city services. The property is proposed to be developed as a restaurant. The
service plan for the annexation is provided in your packet. 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.
6. Conduct the first public hearing on the proposed annexation of a 57.2-acre tract of land in the William
Bloodgood League, Abstract No. 4 in Harris County, Texas. The property is located south of Interstate
Highway No. 10, west of Cedar Bayou, and east of and adjacent to the Southern Pacific Railroad right-
of-way. 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 February
26, 2004 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 City of Baytown is requesting annexation. The property is proposed to be
developed as the Northeast Wastewater Treatment Plant. The service plan for the annexation is provided
in your packet. 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.
7. Conduct the second public hearing on the proposed annexation of a 57.2-acre tract of land in the William
Bloodgood League, Abstract No. 4 in Harris County, Texas. The property is located south of Interstate
Highway No. 10, west of Cedar Bayou, and east of and adjacent to the Southern Pacific Railroad right-
of-way. 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
February 26, 2004 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 City of Baytown is requesting annexation. The property is proposed to
be developed as the Northeast Wastewater Treatment Plant. The service plan for the annexation is
provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after
the public hearing. The final reading may be h eld 3 0 d ays after the ordinance i s p assed o n its first
reading and published.
•
Preface,March 11,2004
Page 3
' 8. Conduct the public hearing regarding the issuance of education revenue bonds by the Milford Higher
Education Facilities Corporation Education Revenue Bonds (Baytown Christian Academy, Inc., Project)
• Series 2004. On February 12, 2004, the City Council set a public hearing to consider the issuance of
education revenue bonds by the M ilford Higher E ducation F acilities C orporation E ducation Revenue
Bonds (Baytown Christian Academy, Inc., Project) Series 2004, for March 11, 2004, in the City Council
Chambers of City Hall during the regularly scheduled council meeting. This public hearing is required
by Section 147(f) of the Internal Revenue Code and must occur prior to written approval of the issuance
of the bonds. The bonds along with all issuance costs are to be paid solely by the school. The bonds
also do not count against Baytown's bonding authority in any way whatsoever. The City Council held a
public hearing and approved the school's first bond issue last year.
9. Proposed Resolution No. 040311-1 approves the issuance of Education Revenue Bonds by the Milford
Higher Education Facilities Corporation for Baytown Christian Academy, Inc. The amount of the bond
issue is $1,000,000 and the school will be using the money to build a gymnasium at its new campus
located at 5555 North Main. This is the same type of transaction that the City Council approved for the
Baytown Christian Academy last June for a bond issue of $2,500,000. These bonds will allow the
school to borrow the money at a low interest rate since the bonds are tax-exempt.
This matter comes before the City C ouncil b ecause o f S ection 1 47(f) o f the Internal Revenue C ode,
which requires b onds for private s chools to be approved both by the city where the bonds are being
issued (in this case, the City of Milford) and by the city where the project being financed with the bonds
is located (in this case, the City of Baytown). Section 147(f) and the accompanying regulations to the
Code require two steps to obtain the necessary approval in the City of Baytown:
• 1. A public hearing must be held after notice has been published in the official newspaper of
the city at least 14 days prior to a public hearing about the bond issue.
2. After the public hearing, a written approval has to be given by the "applicable elected
representative" of Baytown.
The bonds are not a liability of the City of Baytown. The bonds along with all issuance costs are to be
paid solely by the school. The bonds also do not count against Baytown's bonding authority in any way
whatsoever.
We recommend approval.
10. Receive the 2003 Racial Profiling Report. The racial profiling prevalence report required by Art. 2.134,
Texas Code of Criminal Procedure, for calendar year 2003 is included in the packet. The report provides
a comparative analysis of the race of each person arrested or ticketed, and searches conducted to
determine theprevalence of racial profiling; to examine the disposition of stops, including searches
p g� p
resulting from the stops; and information relating to each complaint alleging racial profiling.
11. Proposed Ordinance No. 040311-1 approves an interlocal agreement with the Baytown Municipal
Development District to provide funding for debt service for the Northeast Wastewater Treatment Plant.
The budget for the plant includes that the MDD will provide funding for 60% of the anticipated cost of
the project, or $10,800,000 of a total anticipated cost of$18,000,000. The design is expected to take
between 12 and 18 months to complete. The construction time is expected to take 24 months. The plant
is scheduled to be fully operational by fiscal year 2008. The MDD Board approved the interlocal
agreement at its meeting on March 4, 2004. The agreement is on the same terms and conditions as other
interlocal agreements with the MDD.
We recommend approval.
Preface,March 11,2004
Page 4
12. Consider approving plans and specifications for the Hill Terrace and Shreck Water Service Line t
Replacement Project and authorize advertisement for bid. The scope of work will include the
installation of new 3/4-inch water service lines from the residences to the recently installed new wate
main in the front of the property. The old service lines, which lead to an old water main in the rear o
the existing residential lots, are to be abandoned. The total estimated construction cost for this project
is $60,000. This project will be funded by the Water and Sewer Fund Utility Construction Budget.
We recommend approval.
13. Consider approving the plans and specifications for the Craigmont Subdivision Sanitary Sewer
Rehabilitation Project, Phase II and authorizing advertisement for bid. The scope of work includes
sewer rehabilitation work primarily using the pipe bursting method, but will also include some removal
and replacement by auger and open trench methods. Some of the pipe segments include existing slip
liners that will need to be removed prior to the pipe bursting operations. Included in the base bid is
11,910 linear feet of pipe bursting for the installation of new eight-inch diameter HDPE pipe and the
associated cost, which includes a 10% contingency, is $774,158. An alternate bid item is included for an
additional 2,440 linear feet of pipe bursting and is estimated at $114,554. The total estimated
construction cost for this project, including the 10% contingency, is $888,712. 2004 Certificates of
Obligation will fund this project and the construction duration is estimated to be 120 calendar days.
We recommend approval.
14. Consider approving plans and specifications and authorizing advertisement for bid for the Park Stree
Drainage Project. The scope of work includes the installation of 640 linear feet of double 60-inc
diameter reinforced concrete storm sewer pipes, two junction boxes, and backfill operations along Park
Street. There is an open ditch section located on Park Street between Memorial Drive and Garth Road,
which is exhibiting erosion and side slope failure. This project will enclose the open ditch section into a
closed conduit system, thus alleviating the erosion problem. The estimated construction cost for this
project is $124,145 and will be funded from the 2002 General Obligation Bonds.
We recommend approval.
15. Consent Agenda
a. Consider approval of the plans and specifications for the 2004 Annual Concrete Work Contract
and authorize advertisement for bids. The scope of work includes replacing portions of
deteriorated reinforced concrete streets, curb repairs and/or replacement, and sidewalk or
handicap ramp replacement. The total budget for this project is $200,000. This project will be
funded by the General Fund.
We recommend approval.
•
Preface,March 11, 2004
Page 5
b. Proposed Resolution No. 040311-2 accepts a $30,000 contribution from Exxon Mobil
• Corporation supporting the Baytown Nature Center's (BNC)Environmental Education Programs.
The program covers the annual cost to fund the BNC Naturalist (John Mason), educational
supplies, and interpretive signs. This is the second year of the funding for this program.
Naturalist John Mason has provided an educational presence at the BNC as well as informative
talks to several volunteer groups, including safety presentations on venomous snakes and insects
to industry and City departments. He has arranged several volunteer and Boy Scout projects at
the BNC. Mr. Mason also helps with the 5th Grader program at the Nature Center.
We recommend approval.
c. Proposed Resolution No. 040311-3 authorizes the reimbursement for projects scheduled to begin
prior to the issuance of bonds. State Law requires cities to have the funds available at the time
the contract is let. This project addresses TNRCC issues or health and public welfare and is
scheduled for design and construction this summer. Certificates of Obligation will be issued in
the fall. The following project is planned:
Description Estimated Cost
Craigmont Sanitary Sewer Rehab Phase II $1,400,000
Loop Water Lines 252,000
Texas Avenue Lift Station 500,000
Total $2,152,000
We recommend approval.
d. Proposed Resolution 040311-4 appoints the election officials for the May 15, 2004 general and
special elections. The proposed election officials have agreed to serve for the elections. Detailed
training will be provided through election schools held prior to the elections. The City is holding
a joint election with the Goose Creek Consolidated Independent School District. When the City
and School District elections will be held in the same precinct, the same polling places will be
used, the same election equipment will be used, and the same persons will serve as judge and
alternate judge for,each entity's election. Each judge who has volunteered to serve has previous
experience either in conducting a City election, in conducting an election using the new eSlateTM
equipment, or will receive sufficient training in the use of the equipment and in the conduct of an
election.
We recommend approval.
16. Consider confirmation of the City Manager's appointment of the Fire Chief.
17. City Manager's Report.
Household Hazardous Waste Collection Day/Recyclable Electronics Exchange,March 20, 2004,
1200 Lee Drive from 8:00 a.m. -2:00 p.m.
11111 Annual Trash-Off, May 1, 2004, Wetlands Center from 8:00 a.m.- 2:00 p.m.
Budget Calendar
18. Adjourn.
Page 2 of 11
Minutes of the Regular Session — March 11, 2004
Council Members Godwin, Mundinger, and Sheley abstained.
The motion carried.
Conduct the public hearing on the City of Baytown's Storm Water Management Program
proposed Best Management Practices.
The public hearing was called to order at 6:32 p.m.
It is necessary to conduct a public hearing giving all interested parties the right to appear and be heard
regarding the proposed six minimum control measures and subsequent best management practices of
the City of Baytown's Texas Pollution Discharge Elimination System permit application process of the
Storm Water Management Program. This Program is required by the U.S. Environmental Protection
Agency. The purpose of the Program is to reduce the discharge of pollutants into our local creeks,
streams, bays, and bayous. Copies of the Best Management Practices were made available in the City
Clerk's Office and on the City of Baytown Website for public review prior to the hearing.
Tony Gray, Storm Water Coordinator of the City's Health Department, reminded Council that this
issue had been discussed during the work session held on February 26, 2004 and that the purpose of
this public hearing was to receive comments from the public on the program.
No one appeared to speak at the public hearing.
The public hearing was closed at 6:34 p.m.
Conduct the first public hearing on the proposed annexation of a 7.519 -acre tract of land in the
E. T. Schaffer Survey, Abstract No. 1224 and the Harvey Whiting Survey, Abstract No. 840,
being part of Lot 11 and Lot 12, Block 21 of Highland Farms Subdivision and part of Lot 26, and
all of Lots 27, 28, and 29 of Block 7 of the East End Addition to Highland Farms in Harris
County, Texas.
The public hearing was called to order at 6:35 p.m.
The property is located north of Lynchburg -Cedar Bayou Road, east of Garth Road and the pipeline
right -of -way and west of West Road. Additionally, the proposed annexation will include that portion
of West Lynchburg -Cedar Bayou Road that is adjacent to the Am -Mex property and extending to the
east to Goose Creek and not included within the city limits. 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 February 26, 2004 and posted on the City's
website on the same day, at least twenty and more than ten days prior to today's date. Am -Mex
Restaurant, Inc. is requesting annexation to receive city services. The property is proposed to be
developed as a restaurant. 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.
No one appeared to speak at the first public hearing.
Page 3 of 11
Minutes of the Regular Session — March 11, 2004
The public hearing was closed at 6:36 p.m.
City Clerk Gary W. Smith asked that Council reconsider the vote on the minutes from the work session
held on March 3, 2004, noting that the maker of the motion had not been present at the meeting.
Council Member Anderson moved approval of the minutes of the work session held on March 3, 2004.
Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
Council Members Godwin, Mundinger, and Sheley abstained.
The motion carried.
Conduct the second public hearing on the proposed annexation of a 7.519 -acre tract of land in
the E. T. Schaffer Survey, Abstract No. 1224 and the Harvey Whiting Survey, Abstract No. 840,
being part of Lot 11 and Lot 12, Block 21 of Highland Farms Subdivision and part of Lot 26, and
all of Lots 27, 28, and 29 of Block 7 of the East End Addition to Highland Farms in Harris
County, Texas.
The public hearing was called to order at 6:37 p.m.
The property is located north of Lynchburg -Cedar Bayou Road, east of Garth Road and the pipeline
right -of -way and west of West Road. Additionally, the proposed annexation will include that portion
of West Lynchburg -Cedar Bayou Road that is adjacent to the Am -Mex property and extending to the
east to Goose Creek and not included within the city limits. 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 February 26, 2004 and posted on the City's
website on the same day, at least twenty and more than ten days prior to today's date. Am -Mex
Restaurant, Inc. is requesting annexation to receive city services. The property is proposed to be
developed as a restaurant. 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.
No one appeared to speak at the second public hearing.
The public hearing was closed at 6:38 p.m.
Conduct the first public hearing on the proposed annexation of a 57.2 -acre tract of land in the
William Bloodgood League, Abstract No. 4 in Harris County, Texas, south of Interstate Highway
No. 10, west of Cedar Bayou, and east of and adjacent to the Southern Pacific Railroad right -of-
way.
The public hearing was called to order at 6:39 p.m.
Page 4 of 11
Minutes of the Regular Session — March 11, 2004
The property is located south of Interstate Highway No. 10, west of Cedar Bayou, and east of and
adjacent to the Southern Pacific Railroad right -of -way. 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 February 26, 2004 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 City of
Baytown is requesting annexation. The property is proposed to be developed as the Northeast
Wastewater Treatment Plant. 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.
No one appeared to speak at the first public hearing.
The public hearing was closed at 6:40 p.m.
Conduct the second public hearing on the proposed annexation of a 57.2 -acre tract of land in the
William Bloodgood League, Abstract No. 4 in Harris County, Texas, south of Interstate Highway
No. 10, west of Cedar Bayou, and east of and adjacent to the Southern Pacific Railroad right -of-
way.
The public hearing was called to order at 6:41 p.m.
The property is located south of Interstate Highway No. 10, west of Cedar Bayou, and east of and
adjacent to the Southern Pacific Railroad right -of -way. 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 February 26, 2004 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 City of
Baytown is requesting annexation. The property is proposed to be developed as the Northeast
Wastewater Treatment Plant. 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.
No one appeared to speak at the second public hearing.
The public hearing was closed at 6:42 p.m.
Conduct the public hearing regarding the issuance of education revenue bonds by the Milford
Higher Education Facilities Corporation Education Revenue Bonds (Baytown Christian
Academy, Inc., Project) Series 2004.
The public hearing was called to order at 6:42 p.m.
On February 12, 2004, the City Council set a public hearing to consider the issuance of education
revenue bonds by the Milford Higher Education Facilities Corporation Education Revenue Bonds
(Baytown Christian Academy, Inc., Project) Series 2004, for March 11, 2004, in the City Council
Chambers of City Hall during the regularly scheduled council meeting.
Page 5ofII
Minutes of the Regular Session — March 11, 2004
This public hearing is required by Section 147(f) of the Internal Revenue Code and must occur prior to
written approval of the issuance of the bonds. The bonds along with all issuance costs are to be paid
solely by the school. The bonds also do not count against Baytown's bonding authority in any way
whatsoever. The City Council held a public hearing and approved the school's first bond issue last
year.
David Truncale, 9734 Bayou Woods Drive, representing the Baytown Christian Academy School
Board, spoke in favor of the proposed resolution.
The public hearing was closed at 6:45 p.m.
Consider Proposed Resolution No. 040311 -1, approving the issuance of Milford Higher
Education Facilities Corporation Education Revenue Bonds (Baytown Christian Academy, Inc.,
Project) Series 2004.
The amount of the bond issue is $1,000,000 and the school will be using the money to build a
gymnasium at its new campus located at 5555 North Main. This is the same type of transaction that
the City Council approved for the Baytown Christian Academy last June for a bond issue of
$2,500,000. These bonds will allow the school to borrow the money at a low interest rate since the
bonds are tax- exempt.
This matter comes before the City Council because of Section 147(f) of the Internal Revenue Code,
which requires bonds for private schools to be approved both by the city where the bonds are being
issued (in this case, the City of Milford) and by the city where the project being financed with the
bonds is located (in this case, the City of Baytown). Section 147(f) and the accompanying regulations
to the Code require two steps to obtain the necessary approval in the City of Baytown:
1. A public hearing must be held after notice has been published in the official newspaper
of the city at least 14 days prior to a public hearing about the bond issue.
2. After the public hearing, a written approval has to be given by the "applicable elected
representative" of Baytown.
The bonds are not a liability of the City of Baytown. The bonds along with all issuance costs are to be
paid solely by the school. The bonds also do not count against Baytown's bonding authority in any
way whatsoever.
Council Member Sheley moved adoption of the proposed resolution. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 6 of I 1
Minutes of the Regular Session — March 11, 2004
RESOLUTION NO. 1634
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING
THE ISSUANCE OF EDUCATION REVENUE BONDS BY THE MILFORD HIGHER
EDUCATION FACILITIES CORPORATION FOR BAYTOWN CHRISTIAN ACADEMY, INC.,
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Receive the 2003 Racial Profiling Report.
The racial profiling prevalence report for calendar year 2003 is required by Art. 2.134, Texas Code of
Criminal Procedure. The report provides a comparative analysis of the race of each person arrested or
ticketed, and searches conducted to determine the prevalence of racial profiling; to examine the
disposition of stops, including searches resulting from the stops; and information relating to each
complaint alleging racial profiling.
Police Chief Byron Jones presented the report. The information was presented in comparison to
census data, the Fair Roads Standards data, and the workers sixteen and under data.
Consider Proposed Ordinance No. 040311 -1, approving an interlocal agreement with the
Baytown Municipal Development District to provide funding for debt service for the Northeast
Wastewater Treatment Plant.
The budget for the plant includes that the MDD will provide funding for 60% of the anticipated cost of
the project, or $10,800,000 of a total anticipated cost of $18,000,000. The design is expected to take
between 12 and 18 months to complete. The construction time is expected to take 24 months. The
plant is scheduled to be fully operational by fiscal year 2008. The MDD Board approved the interlocal
agreement at its meeting on March 4, 2004. The agreement is on the same terms and conditions as
other interlocal agreements with the MDD. The project will be funded by the sale of bonds. The
MDD funds will pay 60% of the debt service. The Water and Sewer Fund will pay 40% of the debt
service.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9747
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY
CLERK TO ATTEST TO AN AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE NORTHEAST DISTRICT
WASTEWATER TREATMENT PLANT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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Minutes of the Regular Session — March 11, 2004
Consider approving plans and specifications for the Hill Terrace and Shreck Water Service Line
Replacement Project Water Service Lines and authorize advertisement for bids.
The scope of work will include the installation of new 1/4-inch water service lines from the residences
to the recently installed new water main in the front of the property. The old service lines, which lead
to an old water main in the rear of the existing residential lots, are to be abandoned. The total
estimated construction cost for this project is $60,000. This project will be funded by the Water and
Sewer Fund Utility Construction Budget.
Council Member Mundinger moved approval of plans and specifications for the Hill Terrace and
Shreck Water Service Line Replacement Project Water Service Lines and authorization for
advertisement for bids. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider approving plans and specifications for the Craigmont Sanitary Sewer Phase II Project
and authorize advertisement for bids.
The scope of work includes sewer rehabilitation work primarily using the pipe bursting method, but
will also include some removal and replacement by auger and open trench methods. Some of the pipe
segments include existing slip liners that will need to be removed prior to the pipe bursting operations.
Included in the base bid is 11,910 linear feet of pipe bursting for the installation of new eight -inch
diameter HDPE pipe and the associated cost, which includes a 10% contingency, is $774,158. An
alternate bid item is included for an additional 2,440 linear feet of pipe bursting and is estimated at
$114,554. The total estimated construction cost for this project, including the 10% contingency, is
$888,712. 2004 Certificates of Obligation will fund this project and the construction duration is
estimated to be 120 calendar days.
Council Member Sheley moved approval of plans and specifications for the Craigmont Sanitary Sewer
Phase II Project and authorization for advertisement for bids. Council Member Renteria seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
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Minutes of the Regular Session — March 11, 2004
Consider approving plans and specifications for the Park Street Drainage Project and authorize
advertisement for bids.
The scope of work includes the installation of 640 linear feet of double 60 -inch diameter reinforced
concrete storm sewer pipes, two junction boxes, and backfill operations along Park Street. There is an
open ditch section located on Park Street between Memorial Drive and Garth Road, which is exhibiting
erosion and side slope failure. This project will enclose the open ditch section into a closed conduit
system, thus alleviating the erosion problem. The estimated construction cost for this project is
$124,145 and will be funded from the 2002 General Obligation Bonds.
Council Member Sheley moved approval of plans and specifications for the Park Street Drainage
Project and authorization for advertisement for bids. Council Member Anderson seconded the motion.
The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor A] faro.
Nays: None.
The motion carried.
Prior to the consideration of Proposed Resolution No. 040311 -2, Gary W. Smith, City Clerk,
announced that four members of City Council, Mayor Alfaro and Council Members Anderson,
Godwin, and Murray filed conflict of interest affidavits relating to ExxonMobil.
Consent Agenda
a. Consider approval of the plans and specifications for the 2004 Annual Concrete Work
Contract and authorize advertisement for bids. The scope of work includes replacing
portions of deteriorated reinforced concrete streets, curb repairs and/or replacement, and
sidewalk or handicap ramp replacement. The total budget for this project is $200,000.
This project will be funded by the General Fund.
b. Proposed Resolution No. 040311 -2 accepts a $30,000 contribution from Exxon Mobil
Corporation supporting the Baytown Nature Center's (BNC) Environmental Education
Programs. The program covers the annual cost to fund the BNC Naturalist (John
Mason), educational supplies, and interpretive signs. This is the second year of the
funding for this program. Naturalist John Mason has provided an educational presence
at the BNC as well as informative talks to several volunteer groups, including safety
presentations on venomous snakes and insects to industry and City departments. He has
arranged several volunteer and Boy Scout projects at the BNC. Mr. Mason also helps
with the 5th Grader program at the Nature Center.
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Minutes of the Regular Session — March 11, 2004
C. Proposed Resolution No. 040311 -3 authorizes the reimbursement for projects scheduled
to begin prior to the issuance of bonds. State Law requires cities to have the funds
available at the time the contract is let. This project addresses TNRCC issues or health
and public welfare and is scheduled for design and construction this summer.
Certificates of Obligation will be issued in the fall. The following project is planned:
Description Estimated Cost
Craigmont Sanitary Sewer Rehab Phase 11 $1,400,000
Loop Water Lines 252,000
Texas Avenue Lift Station 500,000
Total $2,152,000
d. Proposed Resolution 040311 -4 appoints the election officials for the May 15, 2004
general and special elections. The proposed election officials have agreed to serve for
the elections. Detailed training will be provided through election schools held prior to
the elections. The City is holding a joint election with the Goose Creek Consolidated
Independent School District. When the City and School District elections will be held
in the same precinct, the same polling places will be used, the same election equipment
will be used, and the same persons will serve as judge and alternate judge for each
entity's election. Each judge who has volunteered to serve has previous experience
either in conducting a City election, in conducting an election using the new eSlateTm
equipment, or will receive sufficient training in the use of the equipment and in the
conduct of an election.
Council Member Mundinger moved adoption of the consent agenda, items a through d. Council
Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
RESOLUTION NO. 1635
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING
A $30,000 CONTRIBUTION FROM EXXON MOBIL CORPORATION SUPPORTING THE
BAYTOWN NATURE CENTER'S ENVIRONMENTAL EDUCATION PROGRAMS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1636
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTANING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session — March 11, 2004
RESOLUTION NO. 1637
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NAMING
THE ELECTION OFFICIALS FOR THE GENERAL AND SPECIAL ELECTIONS OF THE CITY
OF BAYTOWN, TEXAS, TO BE HELD ON MAY 15, 2004; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider confirmation of the City Manager's appointment of the Fire Chief.
City Manager Gary Jackson announced that, after an extensive interview process, it was his decision,
contingent upon Council's confirmation, to appoint Dr. D. Craig Brown as Fire Chief for the City. Mr.
Jackson introduced Dr. Brown, who holds a PhD. in disaster and emergency management, as well as
two Master degrees, a Bachelor's degree, and three associate degrees.
Thomas Carr, President of the Fire Fighters Local Union spoke in favor of the appointment of Shon
Blake as Fire Chief. Maryon Wyse yielded her time to Mr. Carr.
Council Member Mundinger moved confirmation of the City Manager's appointment of Dr. D. Craig
Brown as Fire Chief for the City of Baytown. Council Member Sheley seconded the motion. The vote
follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley.
Mayor Alfaro.
Nays: Council Member Renteria.
The motion carried.
City Manager's Report.
City Manager Jackson reminded Council of the Household Hazardous Waste Collection
Day/Recyclable Electronics Exchange to be held on March 20, 2004 at 1200 Lee Drive from 8:00 a.m.
- 2:00 p.m. and the Annual Trash -Off on May 1, 2004 at the Wetlands Center from 8:00 a.m.- 2:00
p.m.
Mr. Jackson informed Council that the Budget Calendar had been included in the packet.
Mr. Jackson announced that Travis Lovelace, Director of the Eddie V. Gray Wetlands Recreation and
Education Center, had resigned in order to take a position with the Upper Texas Coast Waterborne
Transportation Center. He said that Mr. Lovelace had worked at the Wetlands Center for five years.
During his tenure, the City has received several awards relating to the Wetlands Center and Nature
Center.
Page 1 I of I 1
Minutes of the Regular Session —March 11, 2004
00� Adjourn.
Council Member Mundinger moved that the meeting adjourn. Council Member Murray seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 7:44 p.m.
G W. S ith
City Clerk
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