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2006 04 13 CC Minutes, Special MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 13, 2006 4:30 p.m. The City Council of the City of Baytown, Texas, met in special session on April 13, 2006, at 4:30 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 Calvin Mundinger Mayor Gary M. Jackson City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez, Sr. City Attorney Lorri Coody City Clerk Council Members Mercedes Renteria, III and Scott Sheley were absent. Deputy City Manager Bob Leiper was also absent. 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: Mayor Mundinger recognized all youth in attendance. Consider approval of minutes for:  The Regular Council Meeting held on March 9, 2006.  The Work Session Meeting held on March 23, 2006.  The Regular Council Meeting held March 23, 2006. Council Member Mahan moved to approve the minutes from the regular meeting held on March 9, 2006 and Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. Council Member Murray moved to approve the minutes from the work session held on March 23, 2006, and the regular meeting held March 23, 2006. Council Member Capetillo seconded the Page 2 of 14 Minutes of the Special Session – April 13, 2006 motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. Mayor Mundinger called item 11 out of order as follows: Consider Proposed Resolution No. 060413-1, granting a variance to Baytown Outdoor, Inc., to exempt the 2006 Baytown Long Neck Wildlife Festival from the insurance, bond, fee, and distance requirements of live outdoor exhibitions and from the application of the outdoor vendor ordinance, contingent upon receiving the requisite applications and insurance certificates and to provide for the closing of Price Street and portions of Texas Avenue from Thursday evening through Monday morning. City Manager Jackson explained that this Resolution would grant a variance to Baytown Outdoor, Inc., to exempt the 2006 Baytown Long Neck Wildlife Festival from the insurance, bond, fee, and distance requirements of live outdoor exhibitions and from the application of the outdoor vendor ordinance, contingent upon receiving the requisite applications and insurance certificates and to provide for the closing of Price Street and portions of Texas Avenue. He brought Councils attention to the changes concerning time and dates, presented to them at the meeting and explained them accordingly. Mayor Mundinger informed Council that one person had signed up to speak on this item. He reviewed the time constraints and rules then introduced the speaker, Pastor Hoffman. Pastor Hoffman briefly addressed the Council urging them to support this variance and stated that this was going to be a great event. With no other discussion required, Council Member Capetillo moved to approve the variance with corrected times for the event. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. RESOLUTION NO. 1785 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO CHAPTER 42 “HEALTH AND Page 3 of 14 Minutes of the Special Session – April 13, 2006 SANITATION,” ARTICLE V “LIVE OUTDOOR EXHIBITIONS,” SECTION 42-286 “PERMIT REQUIRED” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE INSURANCE, BOND AND FEE AND DISTANCE REQUIREMENTS FOR THE BAYTOWN OUTDOOR INC.’S 2006 BAYTOWN LONG NECK WILDLIFE FESTIVAL CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION AND OBTAINING THE REQUISITE INSURANCE SPECIFIED HEREIN; GRANTING A VARIANCE TO EXEMPT BAYTOWN OUTDOOR INC., FROM THE PROVISIONS OF CHAPTER 74 “PEDDLERS AND SOLICITORS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, FOR 2006 BAYTOWN LONG NECK WILDLIFE FESTIVAL CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AUTHORIZING THE CITY MANAGER TO TEMPORARILY CLOSE PRICE STREET AND A PORTION OF TEXAS AVENUE IN CONJUNCTION WITH THE 2006 LONG NECK WILDLIFE FESTIVAL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Conduct the first public hearing on the proposed 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. Mayor Mundinger opened the public hearing at 4:35 p.m. Mayor Mundinger turned the hearing over to City Manager Jackson. Mr. Jackson reminded Council of their previous discussions on this item and the presentation they received at the March 23, 2006 meeting. With no one wishing to speak, Mayor Mundinger closed the public hearing at 4:37 p.m. Conduct the second public hearing on the proposed 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. Mayor Mundinger opened the second public hearing at 4:37 p.m. and with no discussion needed and no one wishing to speak, Mayor Mundinger closed the public hearing is 4:38 p.m. Discuss and consider: Proposed Ordinance No. 060413-1a, creating an 11 member Baytown Redevelopment Advisory Commission; or Proposed Ordinance No. 060413-1b, creating a 9 member Baytown Redevelopment Advisory Task Force. Page 4 of 14 Minutes of the Special Session – April 13, 2006 City Manager Jackson reminded Council of their discussion on March 9, 2006 concerning the establishment of a Redevelopment Advisory Commission. Council had discussed creating an 11 member Baytown Redevelopment Advisory Commission. Under this option (a), a new stand- alone commission would be established. Since the March 9 Council meeting, staff discussed an option (b) which Mr. Jackson presented to Council. This option would create a Baytown Redevelopment Advisory Task Force and would be comprised of one member each from five existing City Boards (Planning & Zoning Commission, Community Development Advisory Commission, TIRZ/Redevelopment Authority, Municipal Development District, and Beautification Commission) and one member each from four other community organizations (Baytown/West Chambers County Economic Development Foundation, Baytown Chamber of Commerce, Hispanic Chamber of Commerce and the Baytown Downtown Association). Council discussed the two options presented, with most expressing favorable comments regarding option (b). Mr. Jackson reminded Council of the staff and financial commitment that either option would require. Mayor Mundinger credited Staff for their hard work on option (b) and pointed out that with utilizing members of existing boards and commissions the taskforce would likely get experienced and willing members. Council continued their discussion expressing their desires, likes and dislikes. Most notably, Council Member Murray expressed his support of option (b), but expressed the need of the taskforce having the full support of the incoming Mayor and tabling this item until the incoming Mayor has had time to reviewed and absorb the information. Others expressed similar opinions. In fairness to Council Murray’s comments and in the absence of Council Members Renteria and Sheley, Mayor Mundinger recommended that Council table this item until a future date. Council Member Murray made a motion to table the item. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. Consider Proposed Ordinance No. 060413-2, authorizing the issuance of $19,700,000 City of Baytown Texas, Combination Tax and Revenue Certificates of Obligation, Series 2006B. City Manager Jackson introduced Mr. Drew Masterson with First Southwest who explained to Council that this completes the application and authorizes the issuance of $19,700,000 City of Baytown Texas, Combination Tax and Revenue Certificates of Obligation, Series 2006B. The 2005-06 adopted budget includes utility improvement projects that are part of the overall comprehensive CIP program. The adopted budget provides that utility projects will be funded by the issuance of Certificates of Obligation and through the Texas Water Development Board loan program. The current 5-year Utility Bond program, which was developed in 2001, will run Page 5 of 14 Minutes of the Special Session – April 13, 2006 through 2006. He also explained to Council that this was and opportune time for this and that the interest rates were well below 1% of the market rate. Council Member Murray moved to issue as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,360 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF $19,700,000 CITY OF BAYTOWN, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2006B; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF Consider Proposed Ordinance No. 060413- 3, accepting the recommendation of the Parks Board and authorizing a fee increase for entry to the Baytown Nature Center. City Manager Jackson reminded Council of their conversation on this issue at the March 23, 2006 Council Meeting and while the Parks and Recreation Board unanimously recommended the fee increase, it was the opinion of Staff that Council did not support this increase. Council engaged in brief conversation on this item. Council Member Murray moved to decline the fee increase as recommended by the Parks and Recreation Board and maintain the current fees. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None Mayor Mundinger reminded Council of their intent to assist the Baytown Nature Center with any additional funding needed to cover their shortfall. The motion carried. Consider Proposed Ordinance No. 060413-4, awarding a construction contract for the Needlepoint Elevated Water Tower Project. City Manager Jackson reviewed with Council that this Ordinance awards a construction contract in the amount of $1,782,200 to CB&I Constructors, Inc. for the Needlepoint Elevated Water Page 6 of 14 Minutes of the Special Session – April 13, 2006 Tower Project. He explained that the scope of this work includes the construction of a one million gallon composite elevated water storage tank including all associated site work, controls, structural, piping, and mechanical/electrical components. Light conversation among Council began with some wanting to know where the location was in relation to the treatment plant and the new subdivision. Mr. Jackson introduced Joe Lysengen with the Engineering Department. Mr. Lysengen addressed Council explaining that the location of the tank will be on Needlepoint Road, on City owned property, north of the proposed Northeast Wastewater Treatment Facility. Mr. Lysengen further explained the due diligence that went into this project and that the City had obtained all of the proper clearances. Council Member Anderson moved to approve the contract as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH CB&I CONSTRUCTORS, INC., FOR THE NEEDLEPOINT ELEVATED WATER TOWER PROJECT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED ONE MILLION SEVEN HUNDRED EIGHTY-TWO THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($1,782,200.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No.060413-5, approving final payment to N & S Construction, L.P. and accepts the Texas Avenue Lift Station Rehabilitation Project. City Manager Jackson reviewed with Council that this adjusts final quantities, approves final payment of $84,026.30 to N & S Construction, L.P. (N & S) and accepts the Texas Avenue Lift Station Rehabilitation Project. A detailed description of the project follows: The original contract was awarded to N & S for $1,189,815 and the contract duration was 180 calendar days. Change Order Number One, approved administratively, increased the contract amount by $24,876 for an adjusted contract amount of $1,214,691. This change order was necessitated by the discovery of a previously undetected 15-inch sewer line that had to be rerouted around the new lift station site. Change Order Number One also added 18 additional days for an amended contract duration of 198 calendar days. The additional work under Change Order Number One included the installation of two new concrete manholes and approximately 100 linear feet of 15-inch PVC sewer main at a depth of approximately fifteen feet. The attached job ending balance sheet shows a reduction in the final contract amount by $2,515 to $1,212,176, Page 7 of 14 Minutes of the Special Session – April 13, 2006 which represents a 0.21% cost savings. The contractor finished the project in the allotted time and their workmanship was satisfactory. This project was funded by 1994 Revenue Bonds as well as 1998, 2000, and 2002-2004 Certificate of Obligation Bonds. With limited conversation Council Member Murray moved to approve the final payment. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE TEXAS AVENUE LIFT STATION REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHTY-FOUR THOUSAND TWENTY-SIX AND 30/100 DOLLARS ($84,026.30) TO N & S CONSTRUCTION, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060413-6, approving contract amendment to the professional services contract with Lockwood, Andrews, and Newnan, Inc. for the Central District Waste Water Treatment Plant Rehabilitation Project. City Manager Jackson explained to Council that this amends the contract for the professional services with Lockwood, Andrews, and Newnan, Inc. (LAN) for the Central District Waste Water Treatment Plant Rehabilitation Project. He added that this includes inspection services. A more detailed description of contract and amendment follows: The initial contract amount with LAN was for a not to exceed (NTE) amount of $168,088. On April 11, 2005 the first amendment to the standard form of agreement was executed administratively in the amount of $22,100 thus increasing the contract amount to $190,188. Contract amendment number one was necessitated by relocating the motor control panel to a new position within the blower building along with additional electrical services. This second contract amendment in the amount of NTE $63,056 will provide for inspection services during construction and will increase the contract amount to NTE $253,244. The project is being funded by & Sewer CIPF, 1998 and 2004 Certificate of Obligation Bonds as well as 2005 TWDB Bonds Council Member Capetillo moved to approve the contract amendment as presented. Council Member Murray seconded the motion. The vote follows: Page 8 of 14 Minutes of the Special Session – April 13, 2006 Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,303 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 AMENDMENT NO. 2 TO THE CONTRACT FOR ENGINEERING SERVICES WITH LOCKWOOD, ANDREWS, AND NEWNAN, INC., FOR THE CENTRAL DISTRICT WASTE WATER TREATMENT PLANT REHABILITATION PROJECT; AUTHORIZING ADDITIONAL PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY-THREE THOUSAND FIFTY-SIX AND NO/100 DOLLARS ($63,056.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider proposed Ordinance No. 060413-7, amending the Joint Election Agreement with Goose Creek Consolidated Independent School District to include the Lee College District. City Manager Jackson explained that this item amends the Joint Election Agreement with Goose Creek Consolidated Independent School District (GCCISD) to include the Lee College District. He continued by informing Council that this is the action that was initiated months ago that would add Lee College District to our joint election with GCCISD, that the proposed action is consistent with that agreement and that the agreement has been submitted to Lee College and the GCCISD for their approval. He explained that the Lee College Board of Regents is scheduled to consider it on April 20 and the GCCISD Board is scheduled to consider it on April 24. Council engaged in very brief conversation on this item with Council Member Murray moving to approve the amendment as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None Mayor Mundinger expressed his delight in this coming to fruition and appreciates that all the entities involved are working together. He also stated that he hopes this will alleviate some confusion on the part of the citizens. The motion carried. ORDINANCE NO. 10,304 Page 9 of 14 Minutes of the Special Session – April 13, 2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE JOINT ELECTION AGREEMENT WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, WHICH THE CITY COUNCIL AUTHORIZED VIA ORDINANCE NO. 10,263 ON FEBRUARY 9, 2006, AND AMENDED VIA ORDINANCE NO. 10,271 ON FEBRUARY 23, 2006, TO INCLUDE THE LEE COLLEGE DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060413-2, accepting a $30,000 contribution from ExxonMobil supporting the Baytown Nature Center’s Environmental Education Programs. Representatives from ExxonMobil were unable to attend. This item was tabled until April 27, 2006. Consider Proposed Resolution No. 060413-3, accepting a $30,000 contribution from ExxonMobil supporting the Eddie V. Gray Wetlands Education and Recreation Center’s Wetlands Ecology Program. Representatives from ExxonMobil were unable to attend. This item was tabled until April 27, 2006. Consider approving plans and specifications and authorizes advertisement to take bids for the Water Service Line Replacement Project. City Manager Jackson explained that the scope of work includes the installation of 119 water service lines to reconnect residences to new main service lines along W. Jack, W. James, W. Murrill, W. Sterling, Polly Ave., Utah St., and N. Ashbel. He further explained that this will greatly improve service to the citizens included in this service area. A more detailed description of the project specifications follows: The total estimated construction cost, which includes a five percent contingency, is $54,660.90. The construction duration is 45 calendar days. The Water and Sewer Fund, Utility Construction Budget will fund this project. Council Member Capetillo moved to approve the plans and specifications as presented. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. Page 10 of 14 Minutes of the Special Session – April 13, 2006 Discuss and consider establishing a policy for reimbursement or a monthly stipend distributed to each Council Member at a rate of $400.00 for the Mayor and $300.00 for a Council Member. (Item presented by Council Members Sheley, Capetillo and Renteria). Mayor Mundinger introduced the item and gave a brief description of its intent after which he turned the discussion over to Council Member Capetillo. He brought Council’s attention to an article in the Bay Area Citizen that outlined salaries and stipends for nine Bay Area municipalities. Council engaged in general conversation, expressing various points of view. City Manager Jackson brought Council’s attention to the possible policy included in their packet. Mayor Mundinger stated he favors the reimbursement concept but feels this item should be th tabled until the May 25 meeting. With no other discussion Council moved to the next item on the agenda. Consent Agenda a) Consider Proposed Ordinance No. 060413-8, authorizing a one-year renewal of the Annual Mill and Overlay Contract - 2005 with Angel Brothers Enterprises, LTD. b) Consider Proposed Ordinance No. 060413-9, repealing Section 3 of Ordinance No. 10,275, which accepted the bid of Groundscapes for a portion of the Annual Mowing, Edging And Trimming Services Contract, and accepting the bid of Grant Smith Mowing for such portion of the contract dealing with the mowing of various City facilities. c) Consider Proposed Ordinance No. 060413-10, approving an interlocal agreement with Harris County, Texas for the supply of election equipment and other services for the May 13, 2006 elections. d) Consider Proposed Ordinance No. 060413-11, awarding the roofing of East District Wastewater Treatment Plant to Con-Tex Services, LP, in the amount of $37,350.00. e) Consider Proposed Ordinance No. 060413-12, authorizing the sale of three (3) acres at 4302 Barkaloo Road to River Village LLC in the amount of $28,000.00. f) Consider Proposed Ordinance No. 060413-13, approving change order number 12 for Phase III of the Goose Creek Stream Greenbelt Trail. Council Member Mahan moved to approve items a through f as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. Page 11 of 14 Minutes of the Special Session – April 13, 2006 ORDINANCE NO. 10,305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL MILL AND OVERLAY CONTRACT – 2005 WITH ANGEL BROTHERS ENTERPRISES, LTD.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED ONE MILLION AND NO/100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,306 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING SECTION 3 OF ORDINANCE NO. 10,275 PASSED ON FEBRUARY 23, 2006, WHICH ACCEPTED THE BID OF GROUNDSCAPES FOR SECTION V OF THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT FOR THE SUM OF TWENTY-NINE THOUSAND THREE HUNDRED EIGHTEEN AND NO/100 DOLLARS ($29,318.00); ACCEPTING THE BID OF GRANT SMITH MOWING FOR SECTION V OF THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY-EIGHT THOUSAND SEVENTY AND NO/100 DOLLARS ($38,070.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,307 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 HARRIS COUNTY FOR THE USE OF ITS ELECTRONIC VOTING SYSTEM FOR THE ELECTIONS TO BE HELD ON MAY 13, 2006; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH CON- TEX SERVICES, LP, FOR THE EAST DISTRICT WASTEWATER TREATMENT PLANT ROOFING PROJECT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED THIRTY-SEVEN THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS ($37,350.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 14 Minutes of the Special Session – April 13, 2006 ORDINANCE NO. 10,309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SALE OF APPROXIMATELY THREE ACRES OF SURPLUS PROPERTY LOCATED AT 4302 BARKALOO ROAD, BAYTOWN, HARRIS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS TRACT 4A OF ABSTRACT 709 OF THE J W SINGLETON SURVEY, BAYTOWN, HARRIS COUNTY, TEXAS, TO RIVER VILLAGE, LLC, FOR TWENTY-EIGHT THOUSAND AND NO/100 DOLLARS ($28,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,310 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 12 WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR PHASE III OF THE GOOSE CREEK STREAM GREENBELT TRAIL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINE HUNDRED SIX AND 38/100 DOLLARS ($906.38); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointments to the Beautification Advisory Commission (1). Mike Wilson representing District 5 was unable to complete his two-term on this Commission which expires September 30, 2006. The Beautification Advisory Commission is a fifteen-member commission of city residents. Three members are appointed by the Mayor and each Council Member appoints two members. The City Council approves all appointees. The commission members may come from civic organizations, educational institutions, businesses, non-profit charitable organizations, governmental institutions, or the public at large. The terms of the commission members shall be staggered, with terms not to exceed two years. A commission member may succeed him/herself. Council Member Anderson moved to appoint Mr. Robert Barnum as a replacement for Mr. Mike Wilson. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. Page 13 of 14 Minutes of the Special Session – April 13, 2006 Consider City Manager’s appointment to the Library Board (1). There is one new appointment to make to the Library Board. Karen Dickey’s term expires in March; however, she cannot be re-appointed due to term limits as provided in the Code of Ordinances. City Manager Jackson presented Ms. Crespo as the appointee to fill Ms. Karen Dickey’s term. Council Member Murray moved to approve the City Manager’s appointee. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. Consider City Manager’s appointment to the Planning and Zoning Commission (1). Carole Opryshek, who recently passed away, held one of the Planning and Zoning Commission positions. Ms. Opryshek will be greatly missed. This position is appointed by the City Manager and satisfies the Real Estate, Development or Building Industry requirement as set forth by City of Baytown Code of Ordinances, in accordance with Sec. 2-320(b). To re-fill this position, it must be someone qualified within the Real Estate, Development or Building Industry arena. Linda Krisher of Krisher-McKay Realtors has agreed to serve the Planning and Zoning Commission in this capacity. Therefore, City Manager Jackson presented Ms. Linda Krisher to fill the unexpired term of Carol Opryshek on this Commission. Council Member Anderson moved to approve the City Manager’s appointee. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. Consider reappointments to the Urban Rehabilitation Standards Review Board (3). City Manager Jackson explained that the terms of Tom Hard, Interested Citizen, Joe Frank Robins, Interested Citizen, and David Mohlman, Social or Welfare Worker, expired on March 1, 2006. These Members are vital, active and contributing members of this Board and should be reappointed to serve on Board. Page 14 of 14 Minutes of the Special Session – April 13, 2006 Council Member Murray moved to approve the reappointments as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. Consider appointment to the Cedar Bayou Intermodal Transportation Task Force (2). City Manager Jackson explained that this is a taskforce jointly-sponsored by the Chambers County Judge, Commissioner’s Court, EDF and the City of Baytown. The taskforce will be comprised of seven voting members and as many non-voting ad hoc “resource” members as the Committee Chair deems necessary to accomplish the mission. The EDF appointment will serve as Chair of the taskforce. It has been requested that Mayor and Council each make one appointment to this Task Force. Mayor Mundinger explained to Council that with successes come opportunities and that the creation of this taskforce takes an active approach to these new opportunities. Since the most impact from this taskforce’s work would be experienced by Districts 5 and 6, there was a general consensus that the appointment/s should come from those areas. With additional thought needed on these appointments, consideration of same was moved to the April 27, 2006 meeting. City Manager’s Report. City Manager Jackson brought Council’s attention that the Municipal Cable Channel was up and running. He reminded them that the Council Meeting on April 27 would be a live broadcast on this channel. City Manager Jackson complimented ITS for their work on the Municipal Cable Channel and Deputy City Manager Bob Leiper for his work on the new additions to Council Chambers. Council Member Mahan commended the Parks and Recreation Departments for their work with the Special Olympics and the Candlelight Organization. Adjourn. With no additional business Council Member Mahan moved to adjourn the meeting. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members, Anderson, Capetillo, Mahan and Murray Mayor Mundinger Nays: None The motion carried. The meeting adjourned at 5:48 p.m. _______________________ Lorri Coody, City Clerk