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2006 03 23 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 23, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on March 23, 2006, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Ronnie Anderson Council Member Brandon Capetillo Council Member Sammy Mahan Council Member Don Murray Council Member Scott Sheley Council Member Mercedes Renteria III Council Member Calvin Mundinger Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez, Sr. City Attorney Lorri Coody City Clerk The meeting was opened with a quorum present. Council Member Mahan led the pledge of allegiance and offered the invocation after which the following business was conducted: Mayor Mundinger recognized all youth in attendance. Consider approval of minutes for:  Special Meeting held March 6, 2006.  Special Meeting held March 7, 2006.  Work Session held March 9, 2006.  Regular Council Meeting held March 9, 2006. City Clerk Coody informed Council that the minutes from the Regular Council Meeting held March 9, 2006, had been pulled for approval and would be presented for approval on April 13, 2006. Due to absence from the Special Meeting held March 6, 2006, Council Member Renteria abstained from the vote. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None Abstained: Renteria The motion carried. Page 2 of 17 Minutes of the Regular Session – March 23, 2006 Youth of the Month. Mayor Mundinger introduced Mr. Brian Fontenot, March’s Youth of the Month. The Mayor delivered a summary on Mr. Fontenot’s extraordinary achievements and acknowledged the parental support and guidance he received to become the outstanding student and citizen he has become and presented him with his award. Brian thanked and acknowledged his parents and Ms. Aida Rendon for their support and guidance. His mother Ms. Susan Moore-Fontenot was in attendance. He thanked Ms. Rendon particularly for the nomination and for this recognition. Brian also thanked all the other adults and friends who had guided him to this point in his life. Due to time constraints, Mayor directed Council to move to item #4 on the Agenda. Conduct a public hearing regarding (i) the zoning amendment permit application concerning the establishment of planned unit development overlay district and the amendment process regarding substantive text amendment, and (ii) the repeal of the subdivision regulations concerning the planned unit developments. Mayor Mundinger opened the public hearing at 6:40 p.m. and informed Council that two people had signed up to speak. Mayor Mundinger reviewed the rules and time limits, then introduced the first speaker, Mrs. Charlotte Pearce. Mrs. Pearce relinquished her time to the second speaker, Mr. Mitchell Pearce. Mr. Pearce presented Council with documents concerning this item. Mr. Pearce informed Council of his experience with homeowner’s associations and of his attendance at various Planning and Zoning meetings wherein the plans for the Park Lake Communities development project were reviewed. He mentioned to Council that based upon this experience, he has serious concerns about this item on the agenda. He would like Council to consider that a PUD places the responsibility of maintaining common areas within a subdivision upon the homeowner’s association and could ultimately result in deficit spending because their funds will come from the homeowners in the form of association dues. He is concerned that homeowners will not be able to afford these costs and asked Council to consider the consequences and plan for same. With no time left to speak, Mr. Pearce concluded his comments and Mayor Mundinger closed the public hearing at 6:47 p.m. Citizen Communication: Mr. Mitchell Pearce has requested to address Council regarding Lot#22, Block#10, in Section One of Bay Oaks Harbor. Mayor Mundinger introduced Mr. Mitchell Pearce and reviewed the rules and time limits with him. Mr. Pearce presented Council with a supplement for their review. He spoke on his concern of Lot #22 Block #10 in Section One of Bay Oaks Harbor. He stated that this lot has a failed bulkhead and that a considerable amount of land had been lost. He voiced his concern for safety and mentioned it was particularly hazardous for children. Mr. Pearce brought to the attention the paper trail that has led him to Mr. Fogarty. Most notably Mr. Pearce is concerned about the tax deficit on this property and its condition. He urged Council to deem this property a health hazard. Page 3 of 17 Minutes of the Regular Session – March 23, 2006 Mr. Jackson explained City policy on this issue and introduced Kevin Byal the City of Baytown’s Chief Building Official. Mr. Byal reviewed with Council his findings of substantial erosion not only affecting this property but the lot adjacent, which contains a manufactured home that will soon be in jeopardy from the erosion. Council engaged in general conversation on this issue and the findings of Mr. Byal. Mayor Mundinger commented that we should contact Mr. Fogarty and ask him to be a good neighbor. Council Member Mahan commented that he already contacted a representative of Mr. Fogarty’s and was told that the issue would be addressed. With no further discussion Mayor Mundinger moved to the next item on the agenda. Consider Proposed Ordinance No. 060323-1, amending the subdivision regulations to remove the planned unit development district regulations from the subdivision regulations and amending the zoning ordinance to remove the requirement that substantive amendments must go to the voters for an advisory before consideration by council and amends the zoning ordinance to establish a planned unit development overlay district. City Manager Jackson explained the Ordinance to Council and brought their attention to the attached report. He further explained the text amendments. Council Member Sheley voiced his concern regarding the evidence presented tonight in the public hearing on this issue. Discussion was had that the Ordinance was basically needed to remove a moot section of the law and to amend the law to establish a planned unit devolvement overlay district. City Manager Jackson reviewed again with Council the content and intent of this Ordinance. Council Member Murray moved to approve the Ordinance as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,287 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 126 “SUBDIVISIONS,” ARTICLE III “DEVELOPMENTS,” DIVISION 2 “RESIDENTIAL,” SUBDIVISION II “PLANNED UNIT DEVELOPMENTS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; REPEALING CHAPTER 130 “ZONING,” ARTICLE II “ADMINISTRATION,” DIVISION 3 “AMENDMENTS,” SECTIONS 130-158 “CONSIDERATION OF TEXT AMENDMENT’S EFFECT,” 130-159 “NONSUBSTANTIVE MODIFICATION,” 130-160 “SUBSTANTIVE MODIFICATION; REFERENDUM,” 130-161 “SUBSTANTIVE AMENDMENT CRITERIA,” Page 4 of 17 Minutes of the Regular Session – March 23, 2006 AND 130-162 “POST-REFERENDUM PUBLIC HEARING,” AND SECTION 130-163 “CRITERIA” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 130 “ZONING,” ARTICLE I “IN GENERAL,” SECTION 130-1 “DEFINITIONS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD THE DEFINITIONS OF “COMMON AREA,” “GROSS LAND AREA,” “OPEN SPACE,” AND “TREE”; AMENDING CHAPTER 130 “ZONING,” ARTICLE II “ADMINISTRATION,” DIVISION 3 “AMENDMENTS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD NEW SECTIONS TO BE NUMBERED AND ENTITLED SECTION 130-158 “CRITERIA” AND SECTION 130-159 “VOTE REQUIRED FOR ACTION”; AND AMENDING CHAPTER 130 “ZONING” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE VIII “OVERLAY DISTRICT REGULATIONS”; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Conduct a public hearing on a proposed ordinance nominating and designating an area of the City as the Texas Petrochemicals LP Reinvestment Zone. Mayor Mundinger opened the public hearing at 7:03 p.m. Mayor Mundinger asked City Manager Jackson if he had any comments. Mr. Jackson reviewed this item with Council and with there being no other comments, questions, or speakers Mayor Mundinger closed the public hearing at 7:06 p.m. Consider Proposed Ordinance No. 060323-2, creating the Texas Petrochemicals LP Reinvestment Zone for Tax Abatement Purposes. City Manager Jackson briefly reviewed the Ordinance with Council. There being no other comments or questions Council Member Capetillo moved to approve the Ordinance as presented. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CREATING THE TEXAS PETROCHEMICALS REINVESTMENT ZONE PURSUANT TO RESOLUTION NO. 1771 OF THE CITY COUNCIL OF THE CITY OF BAYTOWN; MAKING VARIOUS FINDINGS AND Page 5 of 17 Minutes of the Regular Session – March 23, 2006 PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060323-3, authorizing the agreement with Texas Petrochemicals LP for Tax Abatement purposes. City Manager Jackson explained the Ordinance authorizing the agreement and acknowledged Mr. BJ Simon, Ms. Powell from the Harris County Economic Development Office, and a representative from Texas Petrochemicals LP. With no additional discussion needed Council Member Capetillo moved to approve the Ordinance as presented. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A TAX ABATEMENT AGREEMENT FOR CERTAIN TAXABLE PROPERTY LOCATED WITHIN THE TEXAS PETROCHEMICALS REINVESTMENT ZONE WITH TEXAS PETROCHEMICALS LP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No.060323-4, allowing the second reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as 403.9469 acres, of land described by deeds to Burnet Bay, LTD recorded under Harris County Clerk’s File Numbers X913086, Y603616, Y603617, and Y603619, located in the Nathanial Lynch Survey, Abstract Number 44 and the William Hilbus Survey, Abstract Number 336, Harris County, Texas. City Manager Jackson reviewed the Ordinance with Council. With no discussion needed Council Member Renteria moved to approve the Ordinance as presented. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Page 6 of 17 Minutes of the Regular Session – March 23, 2006 ORDINANCE NO. 10,256 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF 403.9469 ACRES OF LAND IN THE NATHANIAL LYNCH SURVEY, A- 44, AND THE WILLIAM HILBUS SURVEY, A-336, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 060323-5, placing the property within the extraterritorial jurisdiction of the City of Baytown and being described as 403.9469 acres of land described by deeds to Burnet Bay, LTD recorded under Harris County Clerk’s File Numbers X913086, Y603616, Y603617, and Y603619, located in the Nathanial Lynch Survey, Abstract Number 44 and the William Hilbus Survey, Abstract Number 336, Harris County, Texas in Council District 3. City Manager Jackson reviewed the intent of this Ordinance and with no additional conversation needed Council Member Capetillo moved to approve the Ordinance as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 403.9469 ACRES OF LAND IN THE NATHANIAL LYNCH SURVEY, A-44, AND THE WILLIAM HILBUS SURVEY, A-336, HARRIS COUNTY, TEXAS TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Mayor Mundinger moved to item number 20 on the Agenda. Consider Proposed Resolution No. 060323-3, accepting the petition requesting annexation submitted by Allen E. Russell for 16.1545 acres of land in Nathaniel Lynch Survey A-44 described in Harris County Clerk’s File No. F270656 and File No. G387613. The property is proposed for development as multi-family housing. Page 7 of 17 Minutes of the Regular Session – March 23, 2006 City Manager Jackson reviewed the petition with Council. He explained that Staff had met with the developers and he and Mayor Mundinger commented that this is a first class project. Mayor Mundinger introduced Mr. DonCarlos. Mr. DonCarlos reviewed the intent of the usage of the property. He also commented that this was a first class project and Baytown would be proud to have this as a gateway to the community. It would be an attractive multi-family development with approximately 1.50 acres left over for some type of commercial development. He then introduced Mr. Henson, part of the development team. Mr. Henson went on to explain there would be 250 units divided in various percentages of one bedroom, two bedroom and three bedroom units with attached garages. The complex would also offer various social and education opportunities to the youth and of course the adult residents of the property. Mr. Henson fielded various questions from Council and addressed each accordingly. Council engaged in light conversation with most expressing their approval of this project. With no other discussion needed Council Member Renteria moved to approve the Resolution as presented. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. RESOLUTION NO. 1782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF ALLEN E. RUSSELL CONCERNING THE ANNEXATION OF 16.1545 ACRES OF LAND IN THE NATHANIEL LYNCH SURVEY, A-44, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Ordinance No. 060323-6 amending Chapter 42 “Health and Sanitation,” Article V “Live Outdoor Exhibitions,” Section 42-286 “Permit required” of the Code of Ordinances of the City of Baytown, Texas, to provide for regulations concerning city co- sponsored live outdoor exhibitions. Mayor Mundinger informed Council that Mr. Mike Beard had signed up to address them on this issue. Mayor Mundinger introduced Mr. Beard who addressed his serious concern of the mechanics of this ordinance as presented to Council. He noted specific changes he would like to see take place in its construction. Mayor Mundinger recommended that Council table this issue for now. City Manager Jackson agreed and went on to explained in more detail that the intent was to make this a more user friendly Ordinance. He continued by explaining the various components of the presented and current Ordinance and the effects of usage of each. He agrees with Mr. Beard that this item needs more dialogue. He stated that it needs to be user friendly and still protect the surrounding Page 8 of 17 Minutes of the Regular Session – March 23, 2006 neighborhoods. Council Member Capetillo moved to table this item for consideration at this time. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Consider Proposed Ordinance No. 060323-7, approving the award of the contract between the Baytown Area Water Authority and Reytec Construction Resources, Inc. for the construction of the BAWA 30” Water Transmission Line Project. City Manager Jackson reviewed the massive project and its funding source with Council. He explained that BAWA can approve the bidder, but Council must award the contract. He also explained to Council the bidding process, Staff’s recommendation on using PVC and the long- term maintenance savings PVC provides, although initial installation is more expensive. City Manager Jackson reviewed the bid tabulation sheet with Council and the concern of Pate Engineers with the inexperience of the lowest bidder in installling 30” PVC pipe. He also expressed the wishes of the BAWA Board to still award the contract to the lowest bidder, Reytec Construction Resources, Inc. City Manager Jackson introduced Mr. Paul Wallick with Pate Engineers. Mr. Wallick explained in great detail his concern for awarding the contract to Reytec, even though the next lowest bidder, BRH- Garver Construction LP, was some $400,000.00 more. He added that even though Reytec is a great company and they are currently working on a project of another type with them, he would still recommend awarding to BRH-Garver. Council engaged in lengthy conversation and directed many questions to Mr. Wallick which he addressed accordingly. Council Member Renteria moved to approve awarding the contract as presented and according to the BAWA Board’s recommendation. Council Member Capetillo seconded the motion. Before the vote Council Member Anderson restated Pate’s concern and his concern of going with the low bidder. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE AGREEMENT BETWEEN THE BAYTOWN Page 9 of 17 Minutes of the Regular Session – March 23, 2006 AREA WATER AUTHORITY AND REYTEC CONSTRUCTION RESOURCES, INC., FOR THE BAWA 30-INCH WATER TRANSMISSION LINE PROJECT IN AN AMOUNT OF NINE MILLION SIXTY-EIGHT THOUSAND SIX HUNDRED SIXTY AND NO/100 DOLLARS ($9,068,660.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Receive an update on the 2001 Street Bond Program. City Manager Jackson reviewed the summary of the 2001 Street Bond Program with Council and explained that this meeting was to start the dialogue on the distribution of the remaining funds for year four of the program. He announced to Council that the bonds had been sold and the money was now available. Council Member Murray started the dialogue with proposing to skip year four and allocate the monies to repair Kilgore Road which was slated as a year 5 project. Council continued in general conversation on the allocations and Council Member Murray’s proposition. Mayor Mundinger stated that the Kilgore Road idea did have merit, but would need a commitment from Harris County for their participation. He added that we “had knocked on the door over this issue, but had not gotten through the door on it”. Council Member Anderson suggested setting up a meeting with Commissioner Garcia. Council Member Sheley suggested that the monies needed to be distributed evenly across districts and perhaps another 5 years plan was in order. City Manager Jackson reminded Council of the source of the funding and this was also a tax issue. With additional conversation needed Mayor Mundinger move to the next item on the Agenda. Consider Proposed Ordinance No. 060323-8, authorizing an interlocal agreement with Harris County for the funding of a portion of the Raccoon Road Roadway Project. City Manager Jackson brought Council’s attention to the map and funding allocation spreadsheet included in the packet and reviewed these items in detail. Council engaged in general conversation on budgetary issues, construction, design and drainage. Deputy City Manager Leiper explained that the drainage is open ditch design and that underground pipe would not provide adequate drainage. The street design is three-lane in nature to avoid delays from cars turning left causing traffic problems and to help maintain traffic flow. Council continued in conversation voicing their various concerns when Council Member Anderson called for the question. Mayor Mundinger called for the vote and all voted in favor. The City Clerk stated she did not hear a motion, and it was determined none had been made. A motion was then made by Council Member Murray to approve the agreement as presented and seconded by Council Member Anderson. Discussion followed by Council Member Renteria stating that the process was invalid. The Mayor called for another vote as follows: Ayes: Council Members Anderson, Capetillo, Mahan, and Murray Mayor Mundinger Page 10 of 17 Minutes of the Regular Session – March 23, 2006 Nays: None Abstained: Council Members Renteria and Sheley The motion carried. ORDINANCE NO. 10,292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE FUNDING OF A PORTION OF THE RACCOON ROAD ROADWAY PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE MILLION TWO HUNDRED FORTY-SIX THOUSAND AND NO/100 DOLLARS ($3,246,000.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Renteria restated his argument that the process was invalid. The Mayor stated the Chair was proceeding to the next item. Consider Proposed Ordinance No. 060323-9, giving effect to a portion of a letter from the former City Manager concerning connection fees (now impact fees) for certain tracts of land owned by Norman Dykes and the acquisition of a 0.0367 tract of land for a lift station. City Manager Jackson explained the Ordinance to Council, with no additional discussion needed Council Member Anderson moved to approve the Ordinance as presented to Council. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GIVING EFFECT TO A PORTION OF THE LETTER FROM THE FORMER CITY MANAGER CONCERNING CONNECTION FEES (NOW IMPACT FEES) FOR CERTAIN TRACTS OF LAND OWNED BY NORMAN DYKES AND THE ACQUISITION OF A 0.0367 ACRE TRACT OF LAND FOR A LIFT STATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 11 of 17 Minutes of the Regular Session – March 23, 2006 Consider Proposed Ordinance No. 060323-10, approving a contract with the Baytown Chamber of Commerce for Promotion of Tourism and Visitor Services. City Manager Jackson briefly explained the contract and with no further discussion Council Member Capetillo moved to approve as presented. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,294 WITH THE BAYTOWN CHAMBER OF COMMERCE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF FORTY- FIVE THOUSAND AND NO/100 DOLLARS ($45,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF Consider Proposed Ordinance No. 060323-11, reducing the number of Captains in the Baytown Police Department from the present authorized number of 5 to 4 due to the cessation of operations of the Harris County Organized Crime and Narcotics Task Force and amending the 2006-2007 adopted budget document to reflect revised staffing levels in the Police Department. City Manager Jackson explained the Ordinance, the reasoning behind it and the cost savings produced. Council Member Anderson moved to approve as presented. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,295 AMENDING ORDINANCE NO. 9381, REALLOCATING THE NUMBER OF POSITIONS IN THE CLASSIFICATION “SERVICE GROUP – POLICE” BY DELETING ONE TESTED CAPTAIN POSITION AND ADDING ONE PATROL OFFICER POSITION; MAKING A CHANGE IN THE CITY OF BAYTOWN’S FISCAL YEAR 2005-2006 BUDGET DOCUMENT FOR MUNICIPAL PURPOSES IN ORDER TO REFLECT THE REALLOCATION Page 12 of 17 Minutes of the Regular Session – March 23, 2006 OF POSITIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060323-1, designating the Bayshore Fine Rides, Inc.’s th 18 Annual Fine Rides Show on Texas Avenue to be held on May 20, 2006, from 9:00 a.m. to 4:00 p.m., between Felton and Commerce Streets, as a City co-sponsored event for which distance, fee, and bonding requirements of live outdoor exhibitions are waived pursuant to Chapter 42 “Health and Sanitation,” Article “V “Live Outdoor Exhibitions,” Section 42- 286 “Permit required” of the Code of Ordinances, Baytown, Texas, contingent upon the filing of the requisite application and obtaining the specified insurance. City Manager Jackson explained the Resolution Council received prior to the meeting and the alternate Resolution, without co-sponsorship, presented to them at the meeting. Council Member Capetillo moved to approve the alternate Resolution which grants a variance to Bayshore Fine th Rides, Inc., for its 18 Annual Fine Rides Show on Texas Avenue to exempt such event from both the distance requirements for live outdoor exhibitions and the application of the open air vendor ordinance contingent upon receiving applications and proof of insurance specified in the Resolution. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. RESOLUTION NO. 1783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO CHAPTER 42 “HEALTH AND SANITATION,” ARTICLE V “LIVE OUTDOOR EXHIBITIONS,” SECTION 42-286 “PERMIT REQUIRED” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR THE BAYSHORE FINE RIDES, INC.’S 18TH ANNUAL FINE RIDES SHOW ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION AND OBTAINING THE REQUISITE INSURANCE SPECIFIED HEREIN; GRANTING A VARIANCE TO BAYSHORE FINE RIDES, INC., TO EXEMPT BAYSHORE FINE RIDES, INC., FROM THE PROVISIONS OF CHAPTER 74 “PEDDLERS AND SOLICITORS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, FOR TH THE 18 ANNUAL FINE RIDES SHOW ON TEXAS AVENUE CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060323-2, establishing a municipal cable channel policy Page 13 of 17 Minutes of the Regular Session – March 23, 2006 for the City of Baytown. City Manager Jackson briefly explained the Resolution and the policy presented. With no additional discussion needed Council Member Sheley moved to approve the Resolution as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. RESOLUTION NO 1784 A RESOLUTION OF CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A MUNICIPAL CABLE CHANNEL POLICY FOR THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss possible contracts for cellular tower placement on City property. City Manager Jackson asked that Deputy City Manager Leiper address Council on this issue. Mr. Leiper explained that the City of Baytown is very close to entering into a contract with T- Mobile on a cellular tower placement. He informed Council that the City would collect rent monies from T-Mobile on these tower placements and explained various other benefits to the City in regards to these towers. Mr. Leiper acknowledged the hard work of Mr. Dennis Wells from the ITS Department and the input of the City of Baytown’s Legal Department. Council engaged in general conversation and posed a variety of questions to Mr. Wells, which he addressed accordingly. With additional conversation needed Mayor Mundinger moved to the next item on the Agenda. Discuss the Parks and Recreation Board recommendation of a gate fee increase for the Baytown Nature Center. City Manager Jackson briefly explained and introduced Mr. Scott Johnson with the Parks Department. Mr. Johnson reviewed the presented material to Council explaining that they would like to raise the gate fees in order to break even. He stated to Council that this was also with the approval and support of the Parks Board. In researching fee information they looked to the likes of Armand Bayou Nature Center as an example. Council engaged in general conversation on this issue with Council Members Murray and Renteria voicing strong opposition on the item. General consensus of Council would be to subsidize from the general fund. Council desires to see more data on this issue, particularly on the number of visitors under the age of 13 and number of resident visitors. With much more discussion needed Mayor Mundinger moved to the next item on the agenda. Page 14 of 17 Minutes of the Regular Session – March 23, 2006 Consent Agenda. a) Consider Proposed Ordinance No. 060323-12, amending Section 2-616 “Public Information” of the Code of Ordinances to update the charges for non-standard copies. b) Consider Proposed Ordinance No. 060323-13, awarding the housing rehabilitation project located at 2108 Louisiana to UNOTEC Construction Company in the amount of $41,650. c) Consider Proposed Ordinance No. 060323-14, awarding the renewal of the annual repair clamps contract. d) Consider Proposed Ordinance No. 060323-15, awarding the renewal for the annual fittings, valves and meter boxes contract. e) Consider a request from the Municipal Court Judge to change the amount of compensation paid to Associate Judges. Item “e” was removed for separate consideration and discussion. With no additional discussion needed on items a thru d Council Member Sheley moved to approve the items as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,296 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 “ADMINISTRATION,” ARTICLE V “FINANCE,” DIVISION 2 “ADMINISTRATIVE FEES AND CHARGES,” SECTION 2-616 “PUBLIC INFORMATION,” SUBSECTION (A)(2) “NONSTANDARD COPY” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO UPDATE THE CHARGES FOR NON-STANDARD COPIES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR COMMUNITY Page 15 of 17 Minutes of the Regular Session – March 23, 2006 DEVELOPMENT REHABILITATION PROJECT NO. 06-06 TO UNOTEC CONSTRUCTION COMPANY FOR THE SUM OF FORTY-ONE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($41,650.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,298 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL REPAIR CLAMPS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY-THREE THOUSAND EIGHT HUNDRED SEVENTY-SEVEN AND 44/100 DOLLARS ($73,877.44); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL FITTINGS, VALVES AND METER BOXES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY-SEVEN THOUSAND TWO HUNDRED SIXTY-ONE AND 55/100 DOLLARS ($47,261.55); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Upon completing items a thru d, Council considered item e which concerned a request from the Municipal Court Judge to change the amount of compensation paid to Associate Judges as follows: City Manager Jackson reviewed Judge Escalante’s recommendations. With limited conversation and being in agreement with the Judge, Council Member Murray moved to change the amount of compensation paid to Associate Judges to reflect a sliding scale. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None Council Member Capetillo abstained from the vote. The motion carried. Consider appointments to the Tow Truck Committee (3). Page 16 of 17 Minutes of the Regular Session – March 23, 2006 Council Member Mahan presented Mr. Coleman Godwin as an appointee and motioned for his appointment to this Committee. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Consider appointments to the Beautification Advisory Commission (2). Council Member Renteria presented Ms. Sandra Rosenbaum as an appointee for District 1 and motioned her to this Commission. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. City Manager’s Report.  Retirement – Lynda Kilgore. rdth  Schedule of events for the 3 and 4 of July.  Trash-Off on April 1, 2006 City Manager Jackson acknowledged Ms. Lynda Kilgore’s 23 year career with the City of Baytown and reviewed the highlights of her career with Council. Mr. Jackson brought to rdth Council’s attention the insert from Parks on the schedule of events for the 3 and 4 of July. He st also reminded them of the Trash-Off on April 1. Mr. Lester from Health and EMS advised Council that they would have the same meeting place and schedule for this event as they did last year. Council Member Sheley encouraged Council and Staff to attend the TML Region IV meeting and informed them that former Mayor King from the City of Kemah would be speaking on evacuations and what they had learned from the latest evacuation. Council Member Renteria invited and urged Council to attend the West Side Little League’s opening day. Council Member Sheley moved to adjourn. Council Member Capetillo seconded the motion. The vote follows: Page 17 of 17 Minutes of the Regular Session – March 23, 2006 Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Adjourn. With no other business the meeting adjourned at 8:53 p.m. _______________________ Lorri Coody, City Clerk