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2008 11 25 CC Minutes, Special MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 25, 2008 The City Council of the City of Baytown, Texas met in a special meeting on November 25, 2008 at 6:30 P.M. in the City Council Chamber’s of the City of Baytown with the following in attendance: Lena Yepez Council Member Lynn Caskey Council Member Brandon Capetillo Council Member David McCartney Council Member Scott Sheley Council Member Stephen DonCarlos Mayor Bob Leiper Deputy City Manager Ignacio Ramirez City Attorney Kaythie Darnell City Clerk 6:30 P.M. Mayor DonCarlos convened the November 25, 2008 special meeting with a quorum present. Council Member Terry Sain, City Manager Garry Brumback, and Assistant City Manager Kevin Troller were absent from the special meeting of November 25, 2008. Pledge of Allegiance, Texas Pledge and Invocation was led by Council Member Brandon Capetillo. 1. MINUTES a. Considered approval of the minutes from the August 6 and 7, 2008, City Council Special Work Sessions; and, November 13, 2008 City Council Work Session and Regular Meeting. Motion was made by Council Member Capetillo, seconded by Council Member McCartney approving the minutes from the August 6 and 7, 2008 City Council Special Work Sessions and November 13, 2008 Work Session and Regular City Council Meeting. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. Page 2 of 24 Minutes of the November 25, 2008 Special Council Meeting The motion carried. 2. RECOGNITIONS AND CITIZENS COMMUNICATIONS a. Citizens’ Communications - Mr. Artie Presley. Mr. Artie Presley addressed City Council concerning honor and accountability inside Baytown City Hall. 3. PROPOSED ORDINANCES a. Ordinance 11,016: Temporarily Waiving Various Permit Fees Associated with Rebuilding after Hurricane Ike - Planning. Deputy City Manager Leiper summarized the agenda item and recommended approval. Ordinance 11,016 temporarily waives various permit fees for structures that were damaged by Hurricane Ike. Ordinance 11,016 would waive permit fees assessed under the following sections of the Code of Ordinances, Baytown, Texas (the “Code”) until January 30, 2009: Building permit fees as specified in Chapter 18, Article II, Division 4, Section 18-127, excluding re-inspection and plan review fees based upon the valuation of work and finished square footage;  Electrical permit fees as specified in Chapter 18, Article III, Division 4, Section 18-255, excluding re-inspection and plan review fees based upon the valuation of work and finished square footage;  Plumbing permit fees as specified in Chapter 18, Article IV, Section 18-462, excluding re-inspection and plan review fees based upon the valuation of work and finished square footage;  Mechanical permit fees as specified in Chapter 18, Article V, Section 18-589, excluding re-inspection and plan review fees based upon the valuation of work and finished square footage; and  Fuel gas fees specified in Chapter 18, Article VI, Division 2, Section 18-623, excluding re-inspection and plan review fees based upon the valuation of work and finished square footage. Hurricane Ike caused severe damage to many structures in Baytown. The following details the sheer number of properties damaged in Baytown as noted by the Chief Building Official:  Businesses uninhabitable but repairable: 38  Single-family homes destroyed: 60  Single-family homes uninhabitable but repairable: 123  Apartment units uninhabitable and repairable: 893 Page 3 of 24 Minutes of the November 25, 2008 Special Council Meeting The waiver of permit fees will encourage more rapid recovery efforts thus enhancing economic development and protecting the health, safety and welfare of the citizens of Baytown. Ordinance 11,016 waives the above-referenced permit fees through January 30, 2009. Re- inspection fees and plan review fees will not be affected by this ordinance. It is projected that the cost to the City in terms of revenue not paid to cover the cost of this work will be between $100,000 and $150,000. This will not directly affect budget revenues since these additional permit fees were not budgeted in the first place. Lastly, please note that several other Southeast Texas jurisdictions have waived fees, including Orange, Rosenberg, Nederland and Galveston County. Motion was made by Council Member Capetillo, seconded by Council Member McCartney approving Ordinance 11,016. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. ORDINANCE 11,016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TEMPORARILY WAIVING VARIOUS BUILDING PERMIT FEES FOR STRUCTURES THAT WERE DAMAGED BY HURRICANE IKE; AND, PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Second and Final Reading Annexing 0.3814 Acre Tract - Planning. Ordinance 10,981 annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being a 0.3814-acre tract of land situated in Lot 9, Block 22 of the Highlands Farms Subdivision, situated in Harris County, Texas, as recorded in Volume 10 at Page 47 of the Map Records of Harris County, Texas, in the T. Ristergen Survey, Abstract 1425, Harris County, Texas, and being out of a part of certain called 15.095-acre tract of land. Deputy City Manager Leiper summarized the agenda item and recommended approval. The purpose of this item is to consider annexing property currently in the extraterritorial jurisdiction of the City of Baytown and being a 0.3814-acre tract of land in Lot 9, Block 22, Highland Farms Subdivision, and Harris County, Texas, as recorded in Volume 10 at Page 47 of the Map Records of Harris County, Texas. We published notices of the first and second public hearings in the August 18, 2008 Baytown Sun and posted them on the City of Baytown’s website on August 18, 2008. The City Council held the first and second public hearings on August 28, Page 4 of 24 Minutes of the November 25, 2008 Special Council Meeting 2008. The annexation is by petition of the property owners. The first reading of this annexation ordinance was on October 2, 2008. This is the second and final reading of the ordinance. Motion was made by Council Member Capetillo, seconded by Council Member Yepez approving Ordinance 10,981. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. ORDINANCE 10,981 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 0.3814-ACRE TRACT OF LAND SITUATED IN LOT 9, BLOCK 22 OF THE HIGHLAND FARMS SUBDIVISION, SITUATED IN HARRIS COUNTY, TEXAS, AS RECORDED IN VOLUME 10 AT PAGE 47 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, IN THE T. RISTERGEN SURVEY, ABSTRACT 1425, HARRIS COUNTY, TEXAS, AND BEING OUT OF A PART OF A CERTAIN CALLED 15.095-ACRE TRACT OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. c. 0.3814 Acre Annexed Parcel Placed in City Council District 3 – Planning. Deputy City Manager Leiper summarized the agenda item and recommended approval. Ordinance 11,017 placing a property annexed into the City of Baytown into Council District 3, specifically a 0.3814-acre tract of land situated in Lot 9, Block 22 of the Highland Farms Subdivision, situated in Harris County, Texas, as recorded in Volume 10 at Page 47 of the Map Records of Harris County, Texas, in the T. Ristergen Survey, Abstract 1425, Harris County, Texas. The purpose of this item is to place the property annexed into the City of Baytown into City Council District No. 3. Motion was made by Council Member Capetillo, seconded by Council Member Caskey approving Ordinance 11,017. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. Page 5 of 24 Minutes of the November 25, 2008 Special Council Meeting The motion carried. ORDINANCE 11,017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 0.3814-ACRE TRACT OF LAND SITUATED IN LOT 9, BLOCK 22 OF THE HIGHLANDS FARMS SUBDIVISION, SITUATED IN HARRIS COUNTY, TEXAS, AS RECORDED IN VOLUME 10 AT PAGE 47 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, IN THE T. RISTERGEN SURVEY, ABSTRACT 1425, HARRIS COUNTY, TEXAS, AND BEING OUT OF A PART OF A CERTAIN CALLED 15.095-ACRE TRACT OF LAND TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND, PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. d. Zoning Amendment (0.3814 Acre) – Planning. Ordinance amending the official zoning map of the City of Baytown concerning a certain tract of land (0.3814 Acre) located West of Garth Road, North of South Road and South of Archer Road legally described as lot 9, Block 22 of the Highlands Farms Subdivision, City of Baytown, and Harris County, Texas from Neighborhood Conservation to Mixed Use. The proposed amendment to the official zoning map of the City of Baytown is to reclassify certain land legally described as Lot 9, Block 22 of the Highlands Farms Subdivision, Baytown, and Harris County, Texas from Neighborhood Conservation to Mixed Use. The east 1.66 acres of subject property adjacent to Garth Road is currently in the city limits and is zoned MU. An annexation is in progress for the 0.3814 acres of subject property. Upon annexation the property will be zoned NC. The property owner, however, wants both parcels zoned MU and now seeks rezoning of the 0.3814 acre parcel to MU in order to open a retail shopping center. The Planning and Zoning Commission met on October 15, 2008 and voted unanimously to recommend approval of this rezoning request. Mayor DonCarlos requested that this agenda item be held for the January 8, 2009 City Council Meeting. e. Second and Final Reading Annexation 361 Acres – Planning. The second and final reading of Ordinance 10,965 annexed property currently within the extraterritorial jurisdiction of the City of Baytown being a 361-acre tract of land located West of Barkuloo Road, East of Garth Road, North of Archer Road and South of Interstate 10 in Harris County, Texas. Deputy City Manager Leiper summarized the agenda item and recommended approval. Ordinance 10,965 proposed to annex property currently within the extraterritorial jurisdiction of the City of Baytown being a 361-acre tract of land located West of Barkuloo Road, East of Garth Page 6 of 24 Minutes of the November 25, 2008 Special Council Meeting Road, North of Archer Road and South of Interstate 10 in Harris County, Texas. This is the second reading of the Ordinance required under the City's Charter. The purpose of this involuntary annexation is to annex the Second Baptist Church property on North Main. We published notices of the first and second public hearings in the July 31, 2008 Baytown Sun and posted them on the City of Baytown’s website on July 31, 2008. The City Council held the first and second public hearings on August 12, 2008, and passed the ordinance on its first reading on September 22, 2008. Motion was made by Council Member Capetillo, seconded by Council Member Caskey approving Ordinance 10,965. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. ORDINANCE 10,965 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 361-ACRE TRACT OF LAND LOCATED WEST OF BARKULOO ROAD, EAST OF GARTH ROAD, NORTH OF ARCHER ROAD AND SOUTH OF INTERSTATE 10 IN HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. f. 361 Acre Annexed Parcel Placed in Council District 4 – Planning. Ordinance 11,018 placed a property annexed into the City of Baytown into City Council District 4, specifically 361 acres of land located west of Barkuloo Road, East of Garth Road, North of Archer Road and South of Interstate 10 in Harris County, Texas. Deputy City Manager Leiper summarized the agenda item and recommended approval. The purpose of this item is to place the property annexed into the City of Baytown into City Council District 4. Motion was made by Council Member Capetillo, seconded by Council Member Caskey approving Ordinance 11,018. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Page 7 of 24 Minutes of the November 25, 2008 Special Council Meeting Nayes: None. The motion carried. ORDINANCE 11,018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 361-ACRE TRACT OF LAND LOCATED WEST OF BARKULOO ROAD, EAST OF GARTH ROAD, NORTH OF ARCHER ROAD AND SOUTH OF INTERSTATE 10 IN HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND, PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. g. Purchase of surveillance system and recording equipment – Police Department. Ordinance 11,019 authorized the one source purchase of surveillance system and recording equipment for the Police Department. Deputy City Manager Leiper summarized the agenda item and recommended approval. Ordinance 11,019 authorized the sole source purchase of surveillance system and recording equipment for use in undercover criminal investigations for the Police Department from International Surveillance Technology in the amount of $151,812.79. The Police Department applied to the Harris County District Attorney for seized funds that could be used by law enforcement agencies to aid in the investigation, arrest, and prosecution of those charged with crimes. The City was awarded the funds for the exclusive purchase of a surveillance system and recording equipment for use in undercover criminal investigations. A grant was accepted and a resolution was approved by the City Council in August 2008. A member of the Police Department misinterpreted the Council resolution as authorization to purchase and ordered the equipment from the vendor. Since the grant was specific to the exact cost of the equipment by model number and manufacturer, they deemed the purchase as ready to be made. This ordinance will authorize the issuance of a purchase order and payment for the equipment. The equipment will increase officer safety and enhance prosecutions with additional evidence and updated technology. No matching funds are required. Motion was made by Council Member Caskey, seconded by Council Member Capetillo approving Ordinance 11,019. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. Page 8 of 24 Minutes of the November 25, 2008 Special Council Meeting The motion carried. ORDINANCE 11,019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUME OF ONE HUNDRED FIFTY-ONE THOUSAND EIGHT HUNDRED TWELVE AND 79/100 DOLLARS ($151,812.79) TO INTERNATIONAL SURVEILLANCE TECHNOLOGY FOR A SURVEILLANCE SYSTEM AND RECORDING EQUIPMENT FOR USE IN UNDERCOVER CRIMINAL INVESTIGATIONS FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Variances and Agreement for Advertising Services related to Christmas on Texas Avenue – Legal. Ordinance 11,020 authorized Agreement for Advertising Services and Promotion of the Arts with Historic Goose Creek Association, Inc., for its annual Christmas on Texas Avenue to be held on December 6, 2008; granting a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance for such event; and exempting such event from the application of the City’s Peddlers and Solicitors' Ordinance. Deputy City Manager Leiper summarized the agenda item and recommended approval. Ordinance 11,020 authorized an Agreement for Advertising Services and Promotion of the Arts with Historic Goose Creek Association, Inc., for its annual Christmas on Texas Avenue to be held on December 6, 2008; grants a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance for such event; and exempts such event from the application of the City’s Peddlers and Solicitors Ordinance. The City of Baytown received a request from Historic Goose Creek Association, Inc., for funding certain costs associated with advertising its Annual Christmas on Texas Avenue to be held December 6, 2008, from 10:00 a.m. to 5:00 p.m., between Felton and Commerce Streets. Ordinance 11,022 grants such request by authorizing an agreement for funding up to $10,000 of hotel occupancy tax revenues. Additionally, Ordinance 11,020 granted to Historic Goose Creek Association, Inc., a variance to Section 42-286(e) of the Code of Ordinances pertaining to the distance requirements for live outdoor exhibitions and to Chapter 74 of the Code of Ordinances pertaining to peddlers and solicitors. The live outdoor exhibition ordinance regulations prohibit any live outdoor exhibition activity within 500 feet from property used as a residence, school, hospital or church. Because this event will be within the prohibited distance of residences, a variance from Section 42-286(e) is necessary for the event to occur on Texas Avenue. Additionally, the outdoor vendor ordinance requires permitting, bonding, and insurance from each merchant selling goods or services at the event. A variance from Chapter 74 of the Code of Ordinances is necessary in order to exempt such merchants from complying with such requirements. Granting the variances contained in the Page 9 of 24 Minutes of the November 25, 2008 Special Council Meeting proposed Ordinance is consistent with the action Council took with respect to the 2006 and 2007 Christmases on Texas Avenue. Motion was made by Council Member McCartney, seconded by Council Member Yepez approving Ordinance 11,020. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. ORDINANCE 11,020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR ADVERTISING SERVICES AND PROMOTION OF THE ARTS WITH HISTORIC GOOSE CREEK ASSOCIATION, INC., FOR ITS ANNUAL CHRISTMAS ON TEXAS AVENUE TO BE HELD ON DECEMBER 6, 2008; AUTHORIZING PAYMENT OF HOTEL OCCUPANCY TAX REVENUES IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND NO/100 DOLLARS ($10,000.00); 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 HISTORIC GOOSE CREEK ASSOCIATION, INC.’S ANNUAL CHRISTMAS ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT HISTORIC GOOSE CREEK ASSOCIATION, INC.’S ANNUAL CHRISTMAS ON TEXAS AVENUE FROM THE PROVISIONS OF CHAPTER 74 “PEDDLERS AND SOLICITORS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND, PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Municipal Development District Interlocal Agreement for Park Projects – Parks and Administration. Ordinance 11,021 authorized an Interlocal Agreement with the Baytown Municipal Development District for the Unidad Park Trail Project and the Jenkins Park Bridge Project. Deputy City Manager Leiper summarized the agenda item and recommended approval. Ordinance 11,021 authorized an Interlocal Agreement with the Baytown Municipal Development District for the Unidad Park Trail Project and the Jenkins Park Bridge Project. At the last meeting of the Baytown Municipal Development District, the Board reprogrammed funds for Page 10 of 24 Minutes of the November 25, 2008 Special Council Meeting these park projects, replacing the General Fund allocation with MDD funding. Pursuant to the Interlocal agreement, the MDD will provide up to $120,900 for the funding of such projects that were included in the adopted 2008-2009 budget. Motion was made by Council Member Yepez, seconded by Council Member Caskey approving Ordinance 11,021. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. ORDINANCE 11,021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF THE UNIDAD PARK TRAIL PROJECT AND THE JENKINS PARK BRIDGE PROJECT; AND, PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Interlocal Agreement with Municipal Development District for land acquisition for Economic Development – City Management. Ordinance 11,022 authorized an Interlocal Agreement with the Baytown Municipal Development District for land acquisition for development projects. Deputy City Manager Leiper summarized the agenda item and recommended approval. Ordinance 11,022 authorized an Interlocal Agreement with the Baytown Municipal Development District for land acquisition for development projects. This Interlocal agreement will provide MDD funding up to $1.5 million for such land acquisition. In order to attract economic development and redevelopment projects, it is often necessary for entities such as a city or an economic development foundation to assemble and assist with providing suitable tracts of land. This agreement will provide the City the ability, through the Baytown EDF, to take advantage of opportunities to further such projects. The Board of Directors of the MDD approved this Interlocal Agreement at its meeting held on November 6, 2008. Motion was made by Council Member Caskey, seconded by Council Member McCartney approving Ordinance 11,022. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Page 11 of 24 Minutes of the November 25, 2008 Special Council Meeting Nayes: None. The motion carried. ORDINANCE 11,022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING FOR THE ACQUISITION OF PROPERTY FOR DEVELOPMENT PROJECTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Authorize Material Testing Contract for 2007 Street Bond Project – Year 1 - Engineering. Ordinance 11,023 authorized a Professional Services Agreement with Terracon Consultants, Inc. for materials testing services for the 2007 Street Bond Project. Deputy City Manager Leiper summarized the agenda item and recommended approval. Ordinance 11,023 authorized a Professional Services Agreement with Terracon Consultants, Inc., for material testing services for the 2007 Street Bond Project - Year 1 in an amount not to exceed $79,680. The scope of work will include earthwork testing, concrete testing and related services for the testing efforts. Motion was made by Council Member Capetillo, seconded by Council Member Caskey approving Ordinance 11,023. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. ORDINANCE 11,023 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 PROFESSIONAL SERVICES AGREEMENT WITH TERRACON CONSULTANTS, INC., FOR MATERIAL TESTING SERVICES ASSOCIATED WITH THE 2007 STREET BOND PROJECT – YEAR 1; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY-NINE THOUSAND SIX HUNDRED EIGHTY AND NO/100 DOLLARS ($79,680.00); MAKING OTHER Page 12 of 24 Minutes of the November 25, 2008 Special Council Meeting PROVISIONS RELATED THERETO; AND, PROVIDING FOR THE EFFECTIVE DATE THEREOF. l. Professional Services Agreement: Pierce Goodwin Alexander & Linville, Inc., Consulting Services, Design of the Expansion of City Hall – Engineering. Ordinance 11,024 authorized a Professional Services Agreement with Pierce Goodwin Alexander & Linville, Inc. for consulting services relating to the design of the expansion of City Hall. Deputy City Manager Leiper summarized the agenda item and recommended approval. Ordinance 11,024 authorized a Professional Services Agreement with Pierce Goodwin Alexander & Linville, Inc. (PGAL) for consulting services relating to the design of the expansion of City Hall in an amount not to exceed $224,000. This is anticipated to include $168,000 for basic services, $14,000 for expenses and $42,000 for subcontracted services. The project is anticipated to expand City hall by approximately 10,000 square feet and remodel approximately 2,000 square feet of the existing administrative area. The preliminary construction estimate is $3 million funded by General Fund Certificates of Obligation. The concept of a City Hall expansion is to address needs such as relocating the Finance Department out of the basement, additional meeting rooms and providing work space for Council members. Internal development of potential layouts was followed by an investigative study by PGAL in early 2008. The $12,500 contract was authorized administratively by the City Manager. Geo-technical testing, necessary for accurate construction estimates, was conducted by Terracon at a cost of $4,500. On July 5, 2007 the A&E Committee approved the selection of PGAL for the renovation of the Old Court facility. The firm handled that project and the investigative study of the City Hall expansion very well. At the June 9, 2008 A&E meeting, the Committee concurred with the staff recommendation not to conduct formal presentations but to allow staff to negotiate a contract with PGAL for the final design of City Hall, subject to Council approval. The City staff finalized negotiations of the contract that is the subject of this agenda item. Following contract execution, the final design process is expected to take 10 months. Construction could begin as soon as November 2009 and will last 12 - 14 months. Motion was made by Council Member Yepez, seconded by Council Member Caskey approving Ordinance 11,024. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. Page 13 of 24 Minutes of the November 25, 2008 Special Council Meeting ORDINANCE 11,024 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 PROFESSIONAL SERVICES AGREEMENT WITH PIERCE GOODWIN ALEXANDER & LINVILLE, INC., FOR CONSULTING SERVICES ASSOCIATED WITH THE CITY HALL EXPANSION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY-FOUR THOUSAND AND NO/100 DOLLARS ($224,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS a. Resolution 1953: Grant application to Houston Endowment, Inc. - Parks Department. Resolution 1953 authorized the City to submit a grant application to Houston Endowment Inc., for funds to uproot nine (9) fully grown live oak trees at the Wayne Gray Sports Complex. The trees will be re-planted at various locations around the new Family Aquatic Center. Deputy City Manager Leiper summarized the agenda item and recommended approval. Houston Endowment Inc. provides funds to organizations that support and promote the arts, community enhancement, education, the environment, health, human services and neighborhood development. If funded, the grant will be used to help protect the environment by placing these valuable assets elsewhere on the property. We are asking for 100% of the funds needed to move the trees. Houston Endowment Inc., requires no matching funds. Motion was made by Council Member Capetillo, seconded by Council Member Caskey approving Resolution 1953. The vote was as follows: Ayes: Council Members: Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. Council Member Yepez abstained. RESOLUTION 1953 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO HOUSTON Page 14 of 24 Minutes of the November 25, 2008 Special Council Meeting ENDOWMENT INC., FOR A GRANT TO UPROOT NINE FULLY GROWN LIVE OAK TREES AT THE WAYNE GRAY SPORTS COMPLEX FOR PLANTING AT VARIOUS LOCATIONS AROUND THE NEW FAMILY AQUATICS CENTER; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Resolution 1954: Advanced Funding for Median Beautification Projects – Parks and Recreation. Resolution 1954 authorizing advanced funding for Median Beautification Projects. Deputy City Manager Leiper summarized the agenda item and recommended approval. Resolution 1954 authorized $167,000 in advanced funding for Median Beautification Projects. The 2009 bonds are scheduled to be sold in early 2009; however, an advanced funding resolution must be in place in order for the Parks and Recreation Department to take advantage of the cooler temperatures of winter. The landscaping projects are scheduled to begin in January to take advantage of the cooler temperatures that will in turn provide a greater chance of survival of plant materials prior to the hot summer days. This year’s landscaping improvements will take place on selected medians on Baker Road between the San Jacinto Hospital and N. Main Street. Motion was made by Council Member Sheley, seconded by Council Member McCartney approving Resolution 1954. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. RESOLUTION 1954 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. MOTIONS a. Authorization to advertise for Baytown Bridge Erosion Repair Project – Engineering. Page 15 of 24 Minutes of the November 25, 2008 Special Council Meeting Approved plans, specifications and authorize advertisement to take bids for the Baytown Bridge Erosion Repair Project. The scope of work includes the repair and refurbishment of the following bridges where TXDOT found significant erosion and slope pavement failure: Garth Rd. at Goose Creek, Rollingbrook at W. Fork of Goose Creek, Rollingbrook at E. Fork of Goose Creek (both sides), and W. Texas Ave at Goose Creek. Deputy City Manager Leiper summarized the agenda item and recommended approval. This project has an estimated construction cost of $633,485 and will be funded by General Obligation Drainage Bond Funds. Motion was made by Council Member Caskey, seconded by Council Member McCartney approving plans and specifications and authorizing advertisement to take bids for the Baytown Bridge Erosion Repair Project. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. 6. CONSENT Motion was made by Council Member Sheley, seconded by Council Member McCartney approving Consent Agenda Items 6.a., 6.b., 6.c. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. a. Ordinance 11,025: Annual Sulfur Dioxide Contract #009-09 – Purchasing/Finance. Ordinance 11,025 awarded the annual sulfur dioxide contract. Ordinance 11,025 awarded the annual sulfur dioxide contract to DXI Industries, Inc., in the amount of $79,608. Invitations to bid were mailed to five suppliers, and we received one bid and one no-bid. Quantities have been increased to allow for the new wastewater treatment plant to go on-line this year. Price per ton is $642.00 which is an 8.23% increase compared to last year’s Page 16 of 24 Minutes of the November 25, 2008 Special Council Meeting contract price per ton. This contract is used for de-chlorination in the wastewater treatment plants. ORDINANCE 11,025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACEPTING THE BID OF DXI INDUSTRIES, INC., FOR THE ANNUAL SULFUR DIOXIDE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF SEVENTY-NINE THOUSAND SIX HUNDRED EIGHT AND NO/100 DOLLARS ($79,608.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance 11,026: Annual Cationic Polymer Supply Contract #013-09 – Purchasing/Finance. Ordinance 11,026 awarded the annual cationic polymer supply contract. Ordinance 11,026 awarded the annual cationic polymer supply contract in the amount of $65,299.96 to Ciba Corporation. Invitations to bid were sent to two suppliers with one response and one no-bid received. Price per pound is $2.09 for Zetag 7867, a dispersion type polymer. Numerous polymers have been tested in the past and Zetag 7867 provides the best quality for the price per pound. Quantities were increased to include the new wastewater treatment plant to go on-line in the near future. This contract is used by the Wastewater Treatment plants in flocculation applications utilizing belt presses. ORDINANCE 11,026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CIBA CORPORATION FOR THE ANNUAL CATIONIC POLYMER SUPPLY CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF SIXTY-FIVE THOUSAND TWO HUNDRED NINETY- NINE AND 96/100 ($65,299.96); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Ordinance 11,027: Annual Uniform Rental and Miscellaneous Services Contract through the BuyBoard – Purchasing/Finance. Ordinance 11,027 awarded the annual uniform rental and miscellaneous services contract through the BuyBoard. Ordinance 11,027 awarded the annual uniform rental and miscellaneous services contract in the amount of $70,000 with G & K Services through the BuyBoard. The contract will be for three years with the option to renew. The program will provide for new uniforms at the onset and continual upgrade throughout the term of the contract. This contract provides uniform rental Page 17 of 24 Minutes of the November 25, 2008 Special Council Meeting services for approximately 130 employees from Utility Billing, Mosquito Control, Utilities, Streets, Drainage, Solid Waste, Wastewater Collection, Wastewater Treatment, Water Distribution, Traffic, Fire Garage, Police Garage, and Equipment Services Garage. Other items provided are shop towels, mats and fender covers. Rental uniforms will consist of 11 changes of clothing per each employee in three choices: poly- blend pants and shirts, 100% cotton pants and shirts, and 100% cotton coveralls. Coveralls are a new addition to the contract. Pricing per each employee are weekly as follows: Poly-blend pants and shirts - $5.29 per week 100% cotton pants and shirts - $7.74 per week 100% cotton coveralls – $5.82 per week Current uniform rental contract is $7.10 per person (11 changes of clothing, poly-blend and cotton). Uniform rental companies are notorious for adding numerous fees, i.e., set-up fees, damage fees, replacement fees, labeling fees, alteration fees, environmental fees, stop fees, minimum invoice fees, and fuel surcharges. Utilizing G and K Services will eliminate all fees described above. The City will incur cost savings through G & K Services’ image guard program for $.065 per garment which will eliminate during the term of the contract any damage fees and replacement costs, and buyback charges at the end of the contract. This program is normally not available until six months after initiation of the contract. However, G & K Services has agreed to allow the City to utilize the program from the initiation of the contract. The Texas Local Government Purchasing Cooperative, referred to as the BuyBoard, is a joint project of the Texas Association of School Boards, Texas Municipal League, and Texas Association of Counties. ORDINANCE 11,027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY THOUSAND AND NO/100 DOLLARS ($70,000.00) TO G & K SERVICES FOR THE CITY’S ANNUAL UNIFORM RENTAL AND MISCELLANEOUS SERVICES CONTRACT THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Appointments: Baytown/West Chambers County Economic Development Foundation. Mayor's appointee to the Baytown/West Chambers County Economic Development Foundation was Council Member Lena Yepez. Page 18 of 24 Minutes of the November 25, 2008 Special Council Meeting b. Appointments: Animal Control Advisory Committee. Considered two (2) appointments to the Animal Control Advisory Board. The Animal Control Advisory Committee is composed of five (5) members appointed by the City Council. The members serve two year terms and are composed of a Chief Sanitarian or his designee, the Chief of Police or his designee, one (1) licensed veterinarian, one (1) representative from an animal welfare organization and one (1) interested citizen. They meet when necessary to assist the Baytown Animal Shelter in complying with applicable law; formulate future animal control plans, strategies and education; and make recommendations on revisions to the animal control ordinances. This was originally set for the September 11, 2008 meeting but in preparation for Hurricane Ike the meeting had been cancelled. • Lory Stone has served as a representative of the animal welfare on the Committee since June 12, 2007 and her current term expired on September 26, 2008. Ms. Stone desires to serve another term to begin September 26, 2008 and expires September 26, 2010. • Gary Cochran has served as an interested citizen and does not desire to be reappointed. Motion was made by Council Member Capetillo, seconded by Council Member Yepez approving the re-appointment of Ms. Lory Stone to the Animal Control Advisory Committee. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. c. Appointments: Beautification Advisory Committee. Consider five (5) appointments to the Beautification Advisory Commission. The Beautification Advisory Commission is a nine (9) member commission, appointed “at large” by the City Council with (4) members being appointed in even-numbered years and (5) members being appointed in odd-numbered years. Members of the Commission must be residents of the city. 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. At the expiration of the terms, the appointees will be eligible for reappointment. Page 19 of 24 Minutes of the November 25, 2008 Special Council Meeting Board Member Jane Riggs has submitted her resignation from the Board effective immediately. An appointment must be made to complete the remainder of her term which expires September 30, 2009. At the expiration of this term, the appointee will be eligible for reappointment. The following four (4) members’ terms expired on September 30, 2008: Lawrence Wallace, Judy DuBose, Jackie Harris, and Susan Milner. • Lawrence Wallace, Jackie Harris and Susan Milner desire to serve another term to begin on September 30, 2008 and expire September 30, 2010. • Judy Dubose does not desire to be reappointed. Motion was made by Council Member Capetillo, seconded by Council Member Yepez approving the re-appointments of Lawrence Wallace, Jackie Harris, and Susan Milner and the appointment of Frank McClosky and Judy Wheat to the Beautification Advisory Committee. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. d. Appointments: Board of Adjustment. Consider one (1) appointment to the Board of Adjustment. The Board of Adjustment is a five (5) member board appointed by City Council. Members shall serve a two year term. Their duties are to hear and decide appeals where it is alleged that there is an error in any order or decision by City Officials in the administration and enforcement of the zoning ordinance. Hear and decide appeals of any interpretation of the text of the zoning ordinance made by the Director of Planning and Community Development; Hear and decide requests for variances from the terms of the zoning ordinance pursuant to the procedures and standards set for therein; Hear and decide other matters as authorized by the zoning ordinance. Board Member Marianne Tucker has tendered her resignation from the Board effective immediately. An appointment must be made to complete the remainder of her term which will Page 20 of 24 Minutes of the November 25, 2008 Special Council Meeting expire July 27, 2009. At the expiration of this term, the appointee will be eligible for reappointment. The consensus of the City Council was to place this agenda item on the December 11, 2008 agenda. e. Appointments: Citizens ULDC Task Force – Planning. Motion was made by Council Member Capetillo, seconded by Council Member Yepez approving four of the appointments: Brenda Smith, District 3; David Snell, District 5; Claire Sinclair, District 6; Teresa Espinosa, District 1. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. f. Appointments: Industrial Development Corporation Board. Discuss four (4) appointments to the Baytown Industrial Development Corporation Board. The Baytown Industrial Development Corporation Board is a seven member Board appointed by City Council. The Board is composed of City Council members, but Council may select other appointees to serve on this Board. The Board shall elect a President, Vice President and Secretary Treasurer to a term not to exceed three years. All other board members shall serve terms of two years with no director serving in excess of six years. Directors shall be compensated for actual expenses incurred in performance of duties which include the approval of programs and expenditures of the corporation and review of any financial statements of the corporation. Mayor Stephen DonCarlos has served on the Board since December 8, 2006 and his term will expire December 14, 2008. Mayor DonCarlos desires to serve another term to begin on December 14, 2008 and expires December 14, 2010. Council Member Lynn Caskey has served on the Board since June 8, 2006 and his term will expire December 14, 2008. Mr. Caskey desires to serve another term to begin on December 14, 2008 and expires December 14, 2010. Council Member David McCartney has served on the Board since June 12, 2008 and his term will expire December 14, 2008. Mr. McCartney desires to serve another term to begin on December 14, 2008 and expires December 14, 2010. Page 21 of 24 Minutes of the November 25, 2008 Special Council Meeting Vivian Cisneros-Hemphill has served on the Board since February 12, 2004 and her term will expire December 14, 2008. Ms. Cisneros-Hemphill desires to serve another term to begin on December 14, 2008 and expires December 14, 2010. The City Council consensus was to have this agenda item placed on the December 11, 2008 agenda. g. Appointments: Sign Committee. Discuss five (5) appointments to the Sign Committee. The Sign Committee is a five (5) member Committee appointed by the Mayor to serve two (2) year terms. The Committee is composed of two (2) real estate appraisers, each of whom must be a member in good standing of a nationally recognized professional appraiser society or trade organization that has an established code of ethics, educational program, and professional certification program, one (1) person engaged in the sign business in the municipality, one (1) employee of the Texas Department of Transportation who is familiar with real estate valuations in eminent domain proceedings, and one (1) architect or landscape architect licensed by this state. • Chet Thesis has served as a Real Estate Appraiser on the Committee since March 27, 2003 and his current term will expire on November 30, 2008. Chet Thesis desires re-appointment, for the term to begin November 30, 2008 and expire on November 30, 2010. • Quincy Allen has served as a representative of Texas Department of Transportation on the Committee since November 30, 2000 and his current term will expire on November 30, 2008. Quincy Allen desires re-appointment, for the term to begin November 30, 2008 and expire on November 30, 2010. • Al Busch has served as a representative as a licensed architect on the Committee since December 9, 2004 and his current term will expire on November 30, 2008. Al Busch desires re- appointment, for the term to begin November 30, 2008 and expire on November 30, 2010. • Joe Muller has served as a Real Estate Appraiser on the Committee since November 12, 1998 and his current term will expire on November 30, 2008. Mr. Muller does not desire to be re- appointed. • Paul Smoke has served as a representative in the sign business on the Committee since January 23, 2003 and his current term will expire on November 30, 2008. Mr. Smoke does not desire to be re-appointed. The City Council consensus was to place this agenda item on the December 11, 2008 agenda. Page 22 of 24 Minutes of the November 25, 2008 Special Council Meeting 8. EXECUTIVE SESSION Public notice is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the matters enumerated herein below, if any. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. 9. MANAGER'S REPORT th a. Art Show and Reception, Thursday, December 4 – Parks and Recreation. The 42nd Annual Art Show and Reception will be held at the Baytown Community Center on Thursday, December 4, 2008, at 7:00 PM. The Baytown Parks and Recreation Department will host the 42nd Annual Art Exhibition on Thursday, December 4, 2008, at the Baytown Community Center, 2407 Market Street. The program will begin with a reception at 7:00 p.m., and awards will be presented to the professional and student winners. Artwork was accepted November 17th-21st, and will be judged on November 26, 2008. The juror for the professional show will be Billie Brinkley and student juror is Phyllis Johnson. This year’s show is sponsored by Community Resource Credit Union and Krisher-Mc Kay Inc., Realtors. The Baytown Seniors Recreation Center members will serve refreshments during the reception. The art, both professional and student, will be on display in the Community Center from December 1st – December 7th. b. The Annual Baytown Christmas Parade - Parks and Recreation. The Annual Christmas Parade is scheduled to start at 6:30 p.m. on Friday, December 5, 2008. The Annual Christmas Parade will begin on Market Street in front of Bicentennial Park and will travel to Texas Avenue and end at Commerce Street. Santa Claus is Coming to Town! Show your holiday spirit and join us for the 2008 Baytown Christmas Parade, hosted by the Baytown Parks and Recreation Department on Friday, December 5th. Over 250 parade entries are anticipated for this year’s parade. Spectators will enjoy watching lighted floats, decorated vehicles, marching groups, school bands, and Santa Claus parade down Texas Avenue to kick off the holiday season! The event will kick off the holiday celebrations followed by the “Christmas on Texas Avenue” event on Saturday. The parade will begin at 6:30 p.m. on Market Street, and head down Texas Avenue, ending at Page 23 of 24 Minutes of the November 25, 2008 Special Council Meeting Commerce Street. The parade route streets will close at 5:00 p.m., and the parade line-up will begin at 5:30 p.m. Market Street will become a “one way” street beginning at 5:00 p.m. (north- east bound). The deadline to register for the parade is Friday, November 28th at 5:00 p.m. Awards will be given in the following categories: Best Use of Overall Theme Most Entertaining Most Creative Entry Most Original Entry Best Use of Lighting Most Enthusiastic Best Ambulance Best Antique Vehicle Best Church Best Club / Organization Best Company / Business Best Dance Group Best Equestrian Best Fire Truck Best Low Rider Best Military Vehicle Best Novelty Vehicle Best Police Vehicle Best School Band Best School Cheer Squad Best School Drill Team Best Walking Group 10. ADJOURN Motion was made by Council Member Capetillo, seconded by Council Member Yepez adjourning the November 25, 2008 regular meeting. The vote was as follows: Motion was made by Council Member Capetillo, seconded by Council Member Yepez adjourning the meeting. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. 7:24 P.M. Mayor DonCarlos adjourned the City Council Special Meeting of November 25, 2008. Page 24 of 24 Minutes of the November 25, 2008 Special Council Meeting ______________________________ Kaythie Darnell, City Clerk City of Baytown