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2006 04 27 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 27, 2006
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on April 27, 2006, at 6:30 p.m.
in the Council Chamber of the City of Baytown with the following in attendance:
Ronnie Anderson Mayor Pro Tem
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 Renteria led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Consider approval of minutes for the Special Meeting held on April 13, 2006.
Council Member Mahan moved to approve the minutes as presented. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
Youth of the Month.
Mayor Mundinger introduced Tehniya Wadhwani, April’s Youth of the Month. The Mayor
delivered a summary on Ms. Wadhwani’s extraordinary achievements and acknowledged the
parental support and guidance she has received to become an outstanding student and citizen.
Citizen Communication from Mr. Porter Flewellen regarding petition for closure of Center
Street at Elvinta.
Page 2 of 17
Minutes of the Regular Session – April 27, 2006
Mayor Mundinger introduced Mr. Porter Flewellen and informed him of the time constraints
while addressing Council. Mr. Flewellen began his presentation by explaining that he is Captain
of the School Courts Addition and is speaking on behalf of those citizens. He explained that his
neighborhood has filed a petition seeking the closure of Center Street at Elvinta due to the
problems the neighborhood is encountering with through traffic and the dangers it poses to the
small children and neighborhood residents. He explained that the neighborhood has already had
the speed limit lowered to try to resolve the safety issues but speed and through traffic are still
serious issues. In his opinion the street closure would not present any safety issues for
emergency vehicles since these type vehicles enter from McKinney. In support of his case, Mr.
Flewellen presented Council with photos of a similar closure in Pecan Grove. He acknowledged
the City’s “traffic calming” and processes.
Council Member Anderson commented on his findings of this issue and hopes the City gives this
request serious consideration. With no further discussion, Mayor Mundinger moved to the next
item.
Presentation of Distinguished Budget Award for the FY2006 budget.
City Manager Jackson informed Council that the Finance Department had received The
Government Finance Officers Association of the United States and Canada (GFOA)
Distinguished Budget Presentation Award for its FY2006 budget. The award represents a
significant achievement by the entity and this is the eleventh year the department has received
this honor. It reflects the commitment of the governing body and staff in meeting the highest
principles of governmental budgeting. In order to receive the budget award, the entity has to
satisfy nationally recognized guidelines for effective budget presentation. The guidelines are
designed to assess how well an entity’s budget serves as:
A policy document
A financial plan
An operations guide; and
A communications device
Council Member Anderson, Chair of the Finance Committee, gave his personal congratulations
to the Finance Department.
Consider Proposed Ordinance No. 060427-1, granting a variance to J.E.W. Inc. and Jimeez
Towing & Recovery from the requirements of Sections 102-167(a) and 102-196(b)(6) of the
Code of Ordinances, requiring tow truck operators performing nonconsent tows to
maintain a vehicle storage facility inside the City limits and to tow the vehicle to a vehicle
storage facility inside the city limits.
Council Member Mahan left the meeting upon the calling of this item. He filed a conflict of
interest affidavit and abstained from the vote and discussion.
Page 3 of 17
Minutes of the Regular Session – April 27, 2006
Mayor Mundinger informed Council that two people had signed up to speak. He reviewed the
rules and time constraints and introduced the first speaker, Mr. Jimmy Riordan, with Jimeez
Towing and Recovery. Mr. Riordan voiced his frustration and confusion with the newly adopted
Tow Truck Ordinance. He explained that he had been in the Tow Truck business in the City for
a number of years and on the City’s rotation list for at least 4 years. He currently leases storage
facilities from J.E.W. Inc. However, the recent changes to the Tow Truck Ordinance now
require that storage facilities be located within the city limits and that this has placed a hardship
on his business as well as that of J.E.W. Inc. He requested that his business and J.E.W.’s
business either be grandfathered, given a variance or permitted annexation so that business could
continue.
Mayor Mundinger introduced speaker number two, Mr. Joe Rice with J.E.W. Inc. Mr. Rice
expressed the same sentiment as Mr. Riordan.
City Manager Jackson explained that Proposed Ordinance No. 060427-1, if approved, would
grant a variance to J.E.W. Inc. and Jimeez Towing & Recovery from the requirements of
Sections 102-167(a) and 102-196(b)(6) of the Code of Ordinances, requiring tow truck operators
performing nonconsent tows to maintain a vehicle storage facility inside the City limits and to
tow the vehicle to a vehicle storage facility inside the city limits. J.E.W. Inc. and Jimeez Towing
& Recovery are currently on the tow truck rotation list but have vehicle storage facilities located
outside the city limits. He informed Council that the Tow Truck Committee met on Monday,
April 24, 2006 and made its recommendation to Council that these requests for variances be
denied.
Mr. Jackson introduced Danny Jackson, Police Legal Advisor. Having attended the Tow Truck
Committee Meeting, Mr. Danny Jackson conveyed the findings and views of the Committee to
Council and explained that the property in question would require annexation to comply with the
Ordinance. He continued by explaining that the Tow Truck Committee did not feel that this
variance was appropriate and would ultimately cause other issues. Mr. Danny Jackson fielded
numerous questions from Council, which he addressed accordingly.
Council engaged in lengthy conversation on this item with a motion being made by Council
Member Murray to modify the presented Ordinance to include a 120 day variance beginning
April 28, 2006, contingent upon a good faith effort of J.E.W. Inc. and the City of Baytown to
have the property annexed into the City of Baytown in order to comply with Sections 102-167(a)
and 102-196(b)(6) of the Code of Ordinances, requiring tow truck operators performing
nonconsent tows to maintain a vehicle storage facility inside the city limits and to tow the vehicle
to a vehicle storage facility inside the city limits. Council Member Renteria seconded the
motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray and Sheley
Mayor Mundinger
Nays: None
Abstain: Council Member Mahan
Page 4 of 17
Minutes of the Regular Session – April 27, 2006
The motion carried.
ORDINANCE NO. 10,311
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING OR A 120-DAY PERIODA VARIANCE FROM
SECTIONS 102-167(A) AND 102-196(B)(6) OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, F REQUIRING TOW TRUCK
OPERATORS PERFORMING NONCONSENT TOWS TO MAINTAIN A
VEHICLE STORAGE FACILITY INSIDE THE CITY LIMITS AND TO TOW
THE VEHICLE TO A VEHICLE STORAGE FACILITY INSIDE THE CITY
LIMITS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Council Member Mahan returned to the council table.
Discuss and consider:
a. Proposed Ordinance No. 060427-2a, creating an 11 member Baytown
Redevelopment Advisory Commission;
or
b. Proposed Ordinance No. 060427-2b, creating a 9 member Baytown
Redevelopment Advisory Task Force.
City Manager Jackson reviewed with Council that on March 9, 2006 and on April 13, 2006, the
City Council discussed the possible establishment of a Redevelopment Advisory Commission.
The two (2) options being considered as follows:
a) Proposed Ordinance No. 060427-2a, creating an 11 member Baytown
Redevelopment Advisory Commission. Under this option, a new stand-alone
commission would be established as discussed at the March 9 Council meeting.
or
b) Proposed Ordinance No. 060427-2b, creating a 9 member Baytown
Redevelopment Advisory Task Force. This option would consist of establishing a
task force 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).
Page 5 of 17
Minutes of the Regular Session – April 27, 2006
Mayor Mundinger commended Staff on their work on the favored option (b). Council engaged
in general conversation on this item with most favoring option (b). Discussion moved to whether
this taskforce should include elected officials. Varying views on this issue were presented.
Council Member Capetillo moved to adopt option (b) amended to include one appointment by
the Mayor and one appointment made by the City Manager, both of which must be appointed on
or before August 1, 2006 and not to include elected officials. Council Member Anderson
seconded the motion.
Council Member Sheley moved for a friendly amendment of the motion to include elected
officials. The friendly amendment to the motion was not accepted by the maker, Council
Member Capetillo. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan and Murray
Mayor Mundinger
Nays: Council Members Renteria and Sheley
The motion carried.
ORDINANCE NO. 10,312
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 “ADMINISTRATION,” ARTICLE IV
“BOARDS AND COMMISSIONS” OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, BY ADDING A NEW DIVISION TO BE NUMBERED
AND ENTITLED DIVISION 13 “BAYTOWN REDEVELOPMENT
ADVISORY TASK FORCE” TO ESTABLISH SUCH TASK FORCE,
PROVIDE FOR ITS MEMBERSHIP ALONG WITH ITS POWERS AND
DUTIES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 060427-1, authorizing the City Manager to submit a
grant application for the development of a construction site operator training video to the
Texas Commission on Environmental Quality for funding under the Galveston Bay
Watershed Protection Initiative.
City Manager Jackson explained to Council that Proposed Resolution No. 060427-1, authorizes
the City Manager to submit a grant application for the development of a construction site
operator training video to the Texas Commission on Environmental Quality for funding under
the Galveston Bay Watershed Protection Initiative. This project will assist with implementation
of non-point source pollutant reduction in new development as well as with establishing regional
construction standards for non-point source pollution reduction as outlined in the NPS Action
Plan of the Galveston Bay Plan. If funded, the award is payable as a cost-reimbursement and
would run for the period commencing on June 14, 2006 and ending on August 31, 2007.
Page 6 of 17
Minutes of the Regular Session – April 27, 2006
Council Member Renteria moved to approve the Resolution as presented. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
RESOLUTION NO. 1786
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO SUBMIT A GRANT APPLICATION FOR THE
DEVELOPMENT OF A CONSTRUCTION SITE OPERATOR TRAINING
VIDEO TO THE GALVESTON BAY ESTUARY PROGRAM GALVESTON
BAY: WATERSHED PROTECTION INITIATIVE TO THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY FOR THE PERIOD
COMMENCING ON JUNE 14, 2006 AND ENDING ON AUGUST 31, 2007;
DESIGNATING AN AUTHORIZED REPRESENTATIVE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 060427-3, awarding a construction contract for the City
Hall Expansion Project.
City Manager Jackson explained that Proposed Ordinance No. 060427-3, awards a construction
contract in the amount of $419,800 to Apache Services, Inc. The scope of work includes the
construction of a 2400 square foot addition onto the existing City Hall building, which will add a
dedicated temperature controlled room for the City’s computer servers as well as additional
office space and a restroom. The total estimated construction cost for this project, which
includes a 5% contingency, was $363,097.10. The construction duration is 160 calendar days.
The General Fund CIPF will fund this project.
Council Member Renteria moved to award the contract as presented. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
Page 7 of 17
Minutes of the Regular Session – April 27, 2006
ORDINANCE NO. 10,313
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
APACHE SERVICES, INC., FOR THE CITY HALL EXPANSION PROJECT;
AUTHORIZING PAYMENT OF THE SUM OF FOUR HUNDRED NINETEEN
THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($419,800.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 060427-4, approving final payment to PM Construction
& Rehab, L.P. and accepting the West Baytown Phase I Sanitary Sewer Rehabilitation
project.
City Manager Jackson explained that Proposed Ordinance No. 060427-4 reflects a much needed
and successful project at a 10% cost savings as well as adjusts final quantities, approves final
payment of $64,468.80 to PM Construction & Rehab, L.P. and accepts the West Baytown Phase
I Sanitary Sewer Rehabilitation project. The original contract was awarded to PM Construction
& Rehab, L.P. for $1,132,888.06 and the contract duration was 120 calendar days. Change
Order Nos. 1 and 2 were approved administratively and adjusted the contract amount to
$1,134,213.06 and the contract duration to 135 calendar days. Items included in these two
change orders were: addition of 155 linear feet of eight-inch CIPP, reduction of 155 linear feet of
eight-inch HDPE, renegotiated unit price for long side service reconnections and the relocation
of a sewer service line at 1306 Magnolia. The final balance sheet shows a reduction in the final
contract amount by $116,369.79 to $1,017,843.27, which represents a 10.27% cost savings from
the original contract amount. The cost savings was largely due to an adjustment of final
quantities on various bid items. The contractor completed the project in the allotted time and
their workmanship was satisfactory. Phase II of the project is currently under final design and
will be submitted to TWDB for approval in May of this year. Pending TWDB approval of the
project, it is anticipated that the award of a construction contract will go before Council
sometime in midsummer.
Council Member Renteria moved to approve the Ordinance as presented. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
Page 8 of 17
Minutes of the Regular Session – April 27, 2006
ORDINANCE NO. 10,314
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE WEST BAYTOWN PHASE I SANITARY SEWER
REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE
SUM OF SIXTY-FOUR THOUSAND FOUR HUNDRED SIXTY-EIGHT AND
80/100 DOLLARS ($64,468.80) TO PM CONSTRUCTION & REHAB, L.P.,
FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 060427-5, awarding a construction contract for the
Lakewood Sanitary Sewer Rehabilitation Project – Phase I.
City Manager Jackson reviewed the Proposed Ordinance No. 060427-5 with Council, which
awards a construction contract in the amount of $1,204,426.25 to PM Construction & Rehab,
L.P. for the Lakewood Sanitary Sewer Rehabilitation Project – Phase I. The scope of work
includes sewer rehabilitation of approximately 24,375 linear feet of pipe bursting for the
installation of new eight, 10, 12, and 15-inch diameter HDPE pipe. It is estimated that this
project will also include removing approximately 9,250 linear feet of existing slip liners prior to
the pipe bursting operations. The total estimated construction cost for this project was
$1,400,000. This project was designed in-house by the Engineering Department and as such, the
City has achieved significant cost savings in not having to procure an outside consultant. 2005
and 2006 TWDB Bonds will fund this project and the construction duration is 120 calendar days.
Mr. Jackson commended staff for their hard work in designing this project which resulted in a
cost savings of $1,300,000.
Council Member Capetillo moved to approve as presented. Council Member Renteria seconded
the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
ORDINANCE NO. 10,315
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 PM CONSTRUCTION & REHAB, L.P.,
FOR THE LAKEWOOD SANITARY SEWER REHABILITATION PROJECT – PHASE I;
AUTHORIZING PAYMENT OF THE SUM OF ONE MILLION TWO HUNDRED FOUR
THOUSAND FOUR HUNDRED TWENTY-SIX AND 25/100 DOLLARS ($1,204,426.25);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 9 of 17
Minutes of the Regular Session – April 27, 2006
Consider Proposed Ordinance No. 060427-6, awarding a construction contract to D&W
Contractors, Inc. for the 2001 Street Reconstruction Project – Phase III.
City Manager Jackson informed Council that the Phase III bids came in considerably low
allowing for all streets to be done in concrete and that Proposed Ordinance No. 060427-6,
awards the construction contract to D&W Contractors, Inc. in the amount of $5,920,236.30 for
the 2001 Street Reconstruction Project – Phase III. The estimated construction cost estimate was
$6,751,700. The scope of work includes the reconstruction of existing streets with new
reinforced concrete pavement for all of the chosen streets. The work also consists of some utility
work within the right-of-way. This will entail some reconstruction and replacement of the
affected sanitary sewer lines, water lines, and storm sewers. 2003, 2004, and 2005 General
Obligation Bonds and the Utility CIP will fund this project and the construction duration is 640
calendar days.
Council engaged in general conversation regarding the item expressing their satisfaction in the
bids and that it included new reinforced concrete pavement for all of the chosen streets.
Questions arose about scheduling of the projects and what determined the order of construction.
Deputy City Manager Bob Leiper explained that the contractor determines the order of the
construction, but they can only have five streets impassable at any one time.
With no other 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 and Sheley
Mayor Mundinger
Nays: None
The motion carried.
ORDINANCE NO. 10,316
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 D&W
CONTRACTORS, INC., FOR THE 2001 STREET RECONSTRUCTION
PROJECT – PHASE III; AUTHORIZING PAYMENT OF THE SUM OF FIVE
MILLION NINE HUNDRED TWENTY THOUSAND TWO HUNDRED
THIRTY-SIX AND 30/100 DOLLARS ($5,920,236.30); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 060427-7, awarding a contract for quality assurance
testing to Coastal Testing Laboratories, Inc. on the 2001 Street Bond Project – Phase III.
Page 10 of 17
Minutes of the Regular Session – April 27, 2006
City Manager Jackson explained that Proposed Ordinance No. 060427-7, awards a contract to
Coastal Testing Laboratories, Inc. for quality assurance testing services on the 2001 Street Bond
Project - Phase III. Compensation for basic services will be a not-to-exceed amount of $209,277.
The scope of work includes quality assurance testing in accordance with the construction
contract documents for the soils, concrete, and asphalt. This contract will be funded by 2003
General Obligation Bonds.
Council Member Anderson moved to approve the Ordinance as presented. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
ORDINANCE NO. 10,317
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 COASTAL TESTING LABORATORIES, INC., FOR QUALITY
ASSURANCE TESTING SERVICES CONCERNING THE 2001 STREET
BOND PROJECT – PHASE III; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED NINE
THOUSAND TWO HUNDRED SEVENTY-SEVEN AND NO/100 DOLLARS
($209,277.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 060427-8, authorizing the City Manager to negotiate
and execute a personal services agreement with Edd Hayes for the design and construction
of the Firefighters’ Memorial.
City Manager Jackson explained that Proposed Ordinance No. 060427-8, authorizes the City
Manager to negotiate and execute a personal services agreement in the amount of $55,000 with
Edd Hayes for the design and construction of the Firefighters’ Memorial. Request for proposals
were issued for this project. One response was received and the project will be funded by the
CIPF.
Mr. Jackson introduced Chief Blake and Lt. Lopez with the City of Baytown Fire Department.
They explained to Council that the Firefighters’ Memorial will pay tribute to all fallen
firefighters who have died in the line of duty for the City of Baytown. The plaza construction
st
will not begin until after the new budget, October 1. Chief Blake introduced Mr. Edd Hayes
who joined them and informed Council that he is working closely with the Department to ensure
accurate and authentic depiction of the equipment, uniforms and patches. Mr. Hayes showed
Page 11 of 17
Minutes of the Regular Session – April 27, 2006
Council a sample of the work he is doing for the City of Houston and a rough draft of the
proposed work for the City of Baytown.
Council Member Anderson moved to approve the Ordinance as presented. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
ORDINANCE NO. 10,318
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PERSONAL SERVICES AGREEMENT WITH EDD HAYES
FOR THE DESIGN AND CONSTRUCTION OF THE FIREFIGHTERS’
MEMORIAL; AUTHORIZING PAYMENT IN THE AMOUNT OF ONE
HUNDRED FIVE THOUSAND AND NO/100 DOLLARS ($105,000.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Mayor Mundinger called items 14 and 15 together. Council Members Anderson and Murray
filed a conflict of interest on both items and abstained from the vote.
Consider Proposed Resolution No. 060427-2, accepting a $30,000 contribution from
ExxonMobil supporting the Baytown Nature Center’s Environmental Education
Programs.
Consider Proposed Resolution No. 060427-3, accepting a $30,000 contribution from
ExxonMobil supporting the Eddie V. Gray Wetlands Education and Recreation Center’s
Wetlands Ecology Program.
Mr. Jackson stated that the City proudly accepts the funds for these two Parks and Recreation
programs. He explained that Proposed Resolution No. 060427-2, accepts a $30,000 contribution
from ExxonMobil supporting the Baytown Nature Center’s Environmental Education Programs.
The program covers the annual cost to fund the BNC Naturalist (John Mason), educational
supplies, and interpretive signs.
He also explained that Proposed Resolution No. 060427-3, accepts a $30,000 contribution from
ExxonMobil supporting the Eddie V. Gray Wetlands Education and Recreation Center’s
th
Wetlands Ecology Program. The program covers the annual cost to fund the 5 Grader Program
including personnel costs and educational supplies. The fund also is used to update and upgrade
the exhibits in the Bob Craig Exhibit Hall’s “Wetlands Ecology Trail”.
Council Member Capetillo moved to approved items 14 and 15 together as presented. Council
Page 12 of 17
Minutes of the Regular Session – April 27, 2006
Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Capetillo, Mahan and Sheley
Mayor Mundinger
Nays: None
Abstained: Council Members Anderson and Murray
The motion carried.
RESOLUTION NO. 1787
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A THIRTY THOUSAND AND NO/100 DOLLARS
($30,000.00) CONTRIBUTION FROM EXXON MOBIL CORPORATION
SUPPORTING THE BAYTOWN NATURE CENTER’S ENVIRONMENTAL
EDUCATION PROGRAMS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
RESOLUTION NO. 1788
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A THIRTY THOUSAND AND NO/100 DOLLARS
($30,000.00) CONTRIBUTION FROM EXXON MOBIL CORPORATION
SUPPORTING THE EDDIE V. GRAY WETLANDS EDUCATION AND
RECREATION CENTER’S WETLANDS ECOLOGY PROGRAM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Receive quarterly financial and investment reports for the period ending March 31, 2006
for the City of Baytown.
City Manager Jackson explained that the City of Baytown’s Investment Report for the quarter
ended March 31, 2006 is submitted for review in accordance with the Public Funds Investment
Act Section 2256-023 (a) and (b). The City of Baytown’s Financial Report for the quarter ended
March 31, 2006 is also submitted for review. Both of these reports were reviewed by the
Council Finance Sub-committee on April 25, 2006.
Council Member Mahan moved to approve the reports as presented. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
Page 13 of 17
Minutes of the Regular Session – April 27, 2006
Consider approval of plans and specifications and authorizing advertisement to take bids
for the new Northeast Wastewater Treatment Plant.
City Manager Jackson explained that this item approves plans and specifications and authorizes
advertisement to take bids for the new Northeast Wastewater Treatment Plant. The Texas Water
Development Board (TWDB) has approved the second and final submittal of the plans and
specifications thus authorizing the City to advertise and take bids for the project. With Council
ndth
approval, the project will be advertised on May 2 and May 9. The pre-bid conference will
thnd
take place on May the 12 while the bid opening will be on June the 2. We expect to
nd
recommend awarding a construction contract at the June 22 Council meeting. The scope of
work includes construction of a 4.0 MGD sewer plant that can be expanded to a maximum of
16.0 MGD to accommodate future growth within the new service area for the plant. An
important project related to this construction is the off-site work currently under design which
will redirect approximately 1 MGD from the East District Wastewater Treatment Plant,
providing relief to this landlocked plant as well as capacity to facilitate growth in the remaining
East District service area. The total estimated construction cost for this project is $17.2 million.
60% of this project is being funded through MDD, which consists of $10,320,000 of the
estimated construction cost. 2006 TWDB and 2006 Certificate of Obligation Bonds will fund
this project and the construction duration is 630 calendar days.
Council Member Murray moved to approve as presented. Council Member Renteria seconded
the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
Consider approval of plans and specifications and authorizing advertisement to take bids
for the Bayland Island Ship Store Renovation Project.
City Manager Jackson explained that this item approves plans and specifications and authorizes
advertisement to take bids for the Bayland Island Ship Store Renovation Project. The scope of
work consists of encasing the structure in an architectural metal skin and metal roof. All
windows and doors will be removed then replaced and caulked to provide a weatherproof
structure. The total estimated construction cost for this project, which includes a 20 percent
ndth
contingency, is $135,200.00. This project will advertise on May the 2 and May the 9. The
thth
pre-bid conference will take place on May the 12 and the bid opening will be on May the 26.
th
It is anticipated that staff will have an item on the June 8 Council agenda to award a
construction contract. Funding for the project is from the settlement proceeds from a lawsuit
concerning the construction of the restaurant and the ship store building. The construction
duration is 180 calendar days.
Page 14 of 17
Minutes of the Regular Session – April 27, 2006
Council Member Anderson moved to approve as presented. Council Member Renteria seconded
the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
Consent Agenda
a) Consider Proposed Ordinance No. 060427-9, authorizing the purchase of
annual maintenance for the Police Department’s Mobile Data Terminal
software.
b) Consider Proposed Ordinance No. 060427-10, establishing the 2006 Baytown
Youth Summer Employment Program.
c) Consider Proposed Ordinance No. 060427-11, approving a contract with
Baytown Commissary for the operation and management of the Wayne Gray
Sports Complex Concession Stand located on the North Main or adult side of
the park.
d) Consider Proposed Resolution No. 060427-4, authorizing the Chambers
County Mosquito Control District to use aerial application methods for the
purpose of mosquito control within that portion of Baytown that is within
Chambers County.
Council Member Sheley moved to approve items a through d with discussion on item c. Council
Member Mahan seconded the motion.
Council Member Renteria asked about safety netting for the girls’ side of the Wayne Gray Sports
Complex. Parks and Recreation Director Scott Johnson explained that it is the responsibility of
GFSA to provide and maintain that netting.
The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
Page 15 of 17
Minutes of the Regular Session – April 27, 2006
ORDINANCE NO. 10,319
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FORTY-FIVE
THOUSAND FIVE HUNDRED FIFTY-EIGHT AND NO/100 DOLLARS
($45,558.00) TO VERSATERM SYSTEMS FOR THE ANNUAL
MAINTENANCE FOR THE POLICE DEPARTMENT’S MOBILE DATA
TERMINAL SOFTWARE FOR THE PERIOD JUNE 1, 2006 TO MAY 31,
2007; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,320
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ESTABLISHING THE 2006 BAYTOWN YOUTH SUMMER
EMPLOYMENT PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED FOURTEEN THOUSAND
AND NO/100 DOLLARS ($14,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 10,321
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 CONCESSIONS
AGREEMENT WITH RPRS INVESTMENTS, LTD, D/B/A BAYTOWN
COMMISARY FOR THE OPERATION AND MANAGEMENT OF THE NEW
WAYNE GRAY SPORTS COMPLEX CONCESSION STAND(S); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1789
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO
CONTROL DISTRICT TO USE AERIAL APPLICATION METHODS FOR
THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF
THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY,
TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION
ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Page 16 of 17
Minutes of the Regular Session – April 27, 2006
Consider appointments to the Tow Truck Committee (2).
The Tow Truck Committee is appointed by City Council and is composed of five (5) citizens not
in the tow truck business. The terms of office shall be two-years in length with appointments
being made in April. Members are to meet at least quarterly to hear grievances pertaining to
procedures of wrecker service.
There are two appointments to be made to this Committee. C. F. Burrell has officially resigned
his term which will expire in April 2007. Enclosed in your packet is a copy of his letter of
resignation. Mr. Lee Lombard’s term expired April 2006. Mr. Lombard has confirmed that he
wishes to be reappointed to serve on this Committee.
Council Member Anderson moved to reappoint Mr. Lombard as presented. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray and Sheley
Mayor Mundinger
Nays: None
Abstain: Council Member Mahan
The motion carried.
Consider appointment to the Beautification Advisory Commission (1).
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.
Wayne Hanson representing District 4 has tendered his resignation from this Committee,
requiring an appointment to complete his term which will expire on September 30, 2007.
Council Member Murray moved to appoint Mr. Larry Haynes to the Committee. Council
Member Anderson seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
Page 17 of 17
Minutes of the Regular Session – April 27, 2006
Consider appointments to the Cedar Bayou Intermodal Transportation Task Force (2).
City Manager Jackson informed Council that they had two appointments to consider to the West
Chambers County Economic Development Foundation’s Cedar Bayou Intermodal Transportation
Task Force. This taskforce is 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.
Council informed Mr. Jackson they were not prepared to make their appointment.
Mayor Mundinger announced his appointment of Bo Cox to the Cedar Bayou Intermodal
Transportation Task Force.
Mayor’s announcement of his appointment to the Architects and Engineers Selection
Committee.
Mayor Mundinger officially announced his resignation to the Architects and Engineers Selection
Committee and announced as his appointment Council Member Brandon Capetillo.
Additionally, the Mayor announced that the members of the Committee at a meeting earlier in
the day named Council Member Don Murray as Chairman of the Committee.
City Manager’s Report.
Arbor Day
Long Neck Wildlife Festival
th
Youth Advisory Commission’s “Senior Citizen Prom” Saturday, April 29, 4 –
6:30 p.m. at the Baytown Community Center
City Manager Jackson reviewed the items in his report and added the Hurricane Preparedness
Town Meeting which will be held on June 15, 2006 at 6:00 p.m. in Council Chambers.
Adjourn.
With no other business Council Member Capetillo moved to adjourn the meeting. Council
Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
The meeting adjourned at 8:20 p.m. _______________________
Lorri Coody, City Clerk