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2001 11 20 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 20, 2001 6:30 p.m. The City Council of the City of Baytown, Texas, met in special session on November 20, 2001, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Coleman Godwin Calvin Mundinger Don Murray Pete C. Alfaro Monte Mercer Ignacio Ramirez, Sr. Gary W. Smith The following Council Members were absent: Ronnie Anderson Mercedes Renteria, III Scott Sheley Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk Council Member Council Member Council Member The meeting was opened with a quorum present and Council Member Godwin led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes for the work session and special meeting held on November 6, 2001. Council Member Murray moved approval of the minutes of the work session and special meeting held on November 6, 2001. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. Presentation of OAK Awards. City Manager Monte Mercer presented OAK Awards to the following: For integrity, Edward Branch, Health Department, who received two nominations. Ed routinely and eagerly volunteers to work for numerous City- sponsored activities such as City of Baytown's Health Fair, Household Hazardous Materials Day, and Parks & Recreations Special Olympics. The pride, professionalism, attention to detail and selfless service that is exhibited by Ed on a daily basis, above and beyond his normal office duties, has been noticed by all personnel throughout the Health Department. Ed represents the ultimate team player. His "can do" attitude is an asset to the City. Page 2 of 15 Minutes of the Special Session — November 20, 2001 In addition to his primary job as a Neighborhood Protection Officer, he also works in the Mosquito Control Division after 5:00 p.m. After the recent flood, this division was put to the test. With Ed's attitude and commitment to teamwork, the normal spraying schedule was doubled. After working his regular full -time job, Ed still gave 100% without complaint. The City is extremely lucky to have Ed as an employee. According to the Recognition Committee, "Based on these two nominations, it is obvious that Ed can be counted on whenever and wherever he is needed. Ed exhibits not only pride and dedication to his job but to his community as well." For innovation, Bearl Brown, Utilities, was charged with the task of ensuring that the Public Works Department was prepared to board up City Hall, Sterling Municipal Library, and the Municipal Service Center in the event of a hurricane. Bearl developed a plan to pre -drill the boards, attach fasteners to the window frames, and stencil the boards and windows with applicable lettering and numbering. His thoughtful design will greatly assist in quickly and efficiently completing the task of boarding up City facilities in the event of a hurricane when time and manpower are critical. The Recognition Committee noted, "This kind of innovation and dedication is what the City needs on a regular basis to continue to meet the needs of our community. It is especially valuable when it affects issues in a time of crisis. Mayor Alfaro recognized Mr. Brown's wife Becky in the audience. Consider Proposed Resolution No. 011120 -1, approving Notice of Sale and Bidding Instructions, Official Bid Form and Preliminary Official Statement for sale of $3,800,000 Baytown Area Water Authority Supply Contract Revenue Bonds, Series 2001 (City of Baytown Project). This is standard practice to proceed without the necessity of further Council action prior to the sale date. Before the sale, the BAWA Board and Council will take official action to approve and ratify actions necessary to effect the sale. Consider Proposed Resolution No. 011120 -2, authorizing Notice of Intent to Issue Certificates of Obligation in the amount of $5,460,000. Prior to the sale of certificates of obligation, the City Council must publish notice of its intention to sell the bonds. The publication must occur twice, with the first notice being at least 14 days prior to the proposed sale date. The proposed resolution approves the form and content of the notice to be published and authorizes the mandated publication. Consider Proposed Resolution No. 011120 -3, approving Preliminary Official Statement for sale of General Obligation and Refunding Bonds, Series 2002, Marina Improvement Refunding Bonds, Series 2002A, and Certificates Of Obligation, Series 2002. Official action of Council is necessary to schedule the bond sale subject to additional changes. This is standard practice to proceed without the necessity of further Council action prior to the sale date. Before the sale, Council will take official action to approve and ratify actions necessary to effect the sale. Page 3of15 Minutes of the Special Session — November 20, 2001 City Manager Mercer noted that sale of the refunding bonds will result in a yearly cash -flow savings of $168,000, or $1.85 million over the repayment period, which will offset one -half cent of the two and one -half cent tax increase originally proposed to fund the 2001 Bond Program. Mr. Mercer commended Finance Director Donna Sams and her staff, and Drew Masterson, I" Southwest, for their work, which resulted in this savings. Council Member Mundinger moved adoption of proposed resolution 011120 -1, proposed resolution 011120 -2, and proposed resolution 01 1120 -3. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1521 RESOLUTION APPROVING PRELIMINARY OFFICIAL STATEMENT FOR SALE OF BAYTOWN AREA WATER AUTHORITY WATER SUPPLY CONTRACT REVENUE BONDS, SERIES 2002 RESOLUTION NO. 1522 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION RESOLUTION NO. 1523 RESOLUTION APPROVING PRELIMINARY OFFICIAL STATEMENT FOR SALE OF GENERAL OBLIGATION AND REFUNDING BONDS, SERIES 2002, MARINA IMPROVEMENT REFUNDING BONDS, SERIES 2002A, AND CERTIFICATES OF OBLIGATION, SERIES 2002 Consider Proposed Resolution No. 0111204, approving the Parks, Recreation, and Open Space Master Plan. The Parks, Recreation, and Open Space Master Plan originated in 1996 as an in -house project of the Parks and Recreation Department. The Master Plan includes the work of Texas A &M on a Needs Assessment Survey carried out in 1996 and the work of Wilbur Smith Associates in 2000 as part of the Comprehensive Plan for the City. DUKE Landscape Architecture + Planning was retained to complete the Master Plan, combining the existing information and developing additional graphic and written information to complete the plan. Page 4 of 15 Minutes of the Special Session — November 20, 2001 The Master Plan is an essential part of any grant application to the Texas Parks and Wildlife Department. A Park Grant Application with an approved Master Plan can be awarded up to 20 additional points, which can be necessary for success with the very competitive nature of the grant program at present. Most of the information within the Master Plan has been previously approved in the Comprehensive Plan or in review sessions by the Park Board when the Needs Assessment was completed. A final review of the proposed Master Plan by Parks and Wildlife will occur on Friday, November 16. The final draft of the Master Plan will be available for distribution to City Council. City Manager Mercer commended Parks and Recreation Director Scott Johnson and his staff for their work on the Master Plan. Council Member Murray moved adoption of the proposed resolution. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1524 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE PARKS, RECREATION AND OPEN SPACE MASTER PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 011120 -1, authorizing renewal the contract with Texas Municipal League Worker's Compensation Joint Insurance Fund to provide administrative, claims cost, and excess workers' compensation insurance for the City's Workers' Compensation Program and authorizing payment. The proposed ordinance authorizes payment of the projected premium of $491,224. This is an anticipated savings from last year's actual expenditures of 6 %. We anticipate a reduction in Worker's Compensation costs due to the implementation of the new City -Wide Safety Program. This is a budgeted item and the money is allocated in the general fund. City Manager Mercer noted that Human Resources Director Alison Smith and the department directors are working to reduce on- the-job injuries. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. Page 5 of 15 Minutes of the Special Session — November 20, 2001 ORDINANCE NO. 9265 AN ORDINANCE RENEWING THE INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE WORKERS' COMPENSATION JOINT INSURANCE FUND TO PROVIDE ADMINISTRATIVE SERVICES FOR THE CITY'S WORKERS' COMPENSATION PROGRAM, AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR MONTHLY CLAIMS AS INCURRED, ADJUST ESCROW NECESSARY TO MEET SIXTY (60) DAYS AVERAGE CLAIMS REQUIREMENT AND PROJECTED PAYMENT OF FIVE HUNDRED THIRTY -SIX THOUSAND SIX HUNDRED SIXTY -SEVEN AND NO /100 DOLLARS ($536,667.00) FOR CLAIMS COSTS, ADMINISTRATIVE FEES, AND EXCESS WORKERS' COMPENSATION INSURANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 011120 -2, awarding the West Main Paving and Drainage Improvement Project. The proposed ordinance awards the West Main Paving and Drainage Improvements in the amount of $509,767.50 to D & W Contractors, Inc. Two potential bidders attended the mandatory pre -bid conference and we received two bids. D & W Contractors, Inc. is the apparent low responsible bidder. The scope of work includes new 8 -inch thick concrete pavement with 6 -inch concrete curb and replaced or modified storm inlets. Approximately 140- linear feet of roadway will be filled and raised above the 100 -year flood elevation. D & W Contractors, Inc. was awarded the 2000 Municipal Street Rehabilitation Project and satisfactorily completed the project. The engineer's estimated construction cost was $630,000. Construction duration is expected to be 150 calendar days and will be funded by 2000 Certificates of Obligation. Council Member Godwin moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9266 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH D & W CONTRACTORS, INC., FOR THE WEST MAIN PAVING AND DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT OF THE SUM OF FIVE HUNDRED NINE THOUSAND SEVEN HUNDRED SIXTY -SEVEN AND 50 1100 DOLLARS ($509,767.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 15 Minutes of the Special Session — November 20, 2001 Consider Proposed Ordinance No. 011120 -3, approving Change Order No. 6, and final payment to D & W Contractors, Inc. and acceptance of the 2000 Municipal Street Rehabilitation Project. The proposed ordinance approves deduct Change Order No. 6, in the amount of $28,462.33, to adjust final quantities; the final payment of $89,452.50 to D & W Contractors, Inc.; and accepts the 2000 Municipal Street Rehabilitation Project. The contract award amount was $1,577,753, the final contract amount is $1,789,049.84, and represents a 13.39% cost growth. The cost growth was largely due to an additional $140,664.40 for Parks Roads, which was funded by the General Fund, and $24,450.00 for paving at the Police Pistol Range, which was funded by D.E.A. Funds. The remainder of the increase, $46,182.44, was to build a requested 6 -foot wide sidewalk adjacent to Lee College, unanticipated inlet repairs on Lee Drive, and the guardrail on Ferry Road. The contract original duration was 200 working days and the contractor completed the work in 216 working days. The contractor's workmanship was satisfactory. This work was funded by various funding sources. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. Council Member Murray pointed out that the cost growth resulted from additional items added to the project after the contract was awarded. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9267 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCT CHANGE ORDER NO.6 WITH D & W CONTRACTORS, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE 2000 MUNICIPAL STREET REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHTY - NINE THOUSAND FOUR HUNDRED FIFTY -TWO AND 501100 DOLLARS ($89,452.50) TO D & W CONTRACTORS, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 0111204, authorizing an agreement with the Texas Department of Transportation for the development of the Goose Creek Stream Phase IV Trail utilizing Congestion Mitigation Air Quality (CMAQ) grant funds. The Goose Creek Stream Development Committee has been working for several years to develop a hiking/biking trail along the stream. This 1.25 mile extension of the trail will be constructed with an 80/20 grant utilizing CMAQ funds administered by the Texas Department of Transportation. The projected cost is $1,361,919. $1,089,535 will be funded by the grant with the City's match of $272,384. Page 7 of 15 Minutes of the Special Session — November 20, 2001 The Phase IV project was the highest priority of the 2001 Park Bond Sub - committee. Funding was approved at the Municipal Development District meeting on November 6 and the agreement between the MDD and the City of Baytown was approved at the November 6 meetings. Selection of the Architectural/Engineering firm will begin in January 2002. The project is expected be completed by the summer of 2004. The Goose Creek Stream Development Committee has reviewed the project and recommends approval. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9268 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 FOR THE CONSTRUCTION OF A BIKE AND HIKE FACILITY ALONG GOOSE CREEK STREAM WITH THE TEXAS DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 011120 -5, approving a contract for Architectural Services for the Community Center. The Architect/Engineer Selection Committee recommends Bricker+ Cannaday. This will be funded by 2001 Bonds. City Manager Mercer informed council that the cost of the one -year contract will be $136,000, plus reimbursables, expected to be $12,000. Council Member Godwin moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. Page 8 of 15 Minutes of the Special Session — November 20, 2001 ORDINANCE NO. 9269 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH BRICKER + CANNADY ARCHITECTS REGARDING ARCHITECTURAL SERVICES FOR THE COMMUNITY CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 011120 -6, adopting a redistricting plan for the City of Baytown. The goal is to adopt a plan that complies with constitutional and statutory requirements. The public was provided an opportunity to comment on the proposed plan at a public hearing held at 6:40 p.m. on Tuesday, November 6, 2001. Notice of the public hearing was published in The Baytown Sun on Saturday, October 27, 2001. Additionally, copies of the plan were forwarded to all persons named on the list of minority representatives that is provided to the Department ofJustice in all preclearance applications. The proposed plan addresses the criteria as follows: • The district lines follow major thoroughfares or watercourses. • Previously divided neighborhoods have been united in single districts. • The existing council districts form the basis of the new districts. • The proposed districts are very similar in size, with the maximum deviation of 8.6% between Districts 1 and 4. • The proposed districts are more compact and contiguous than the present districts. • Existing members of the council are kept in their present districts. • The plan preserves District 1 as a safe minority district. Council Member Godwin moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9270 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE REDISTRICTING OF THE CITY OF BAYTOWN AS PROVIDED BY ARTICLE NO. 11, SECTIONS 12 AND 17 AND THE ORDER OF THE COURT IN CAMPOS, ET AL. YS CITYOF BA YTOWN, ETAL; PROVIDING FOR TERMS OF OFFICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 15 Minutes of the Special Session — November 20, 2001 Consider Proposed Ordinance No 011120 -7, enlarging the boundaries of Reinvestment Zone Number One, City of Baytown to include an area east of Bush Road, north of Baker Road, west of Garth Road and south of Huron Park. Proposed Ordinance No. 011120 -7 extends the boundaries of Reinvestment Zone Number One, City of Baytown to include property owned by Lula Fay Benes and Jerilyn Novosad, individually and as co- executors and co- Trustees of the will of Theo Wilburn and proposed for development by LEGNA, II, Ltd. The owner of the property has requested inclusion in the Zone. The property is generally described as being north of Baker Road, between Bush and Garth and south of Huron Park. The property is proposed for development with single - family homes, multi - family properties and commercial development. This property has been undeveloped for many years. It is open property, without subdivision or improvements. The proposed improvements to the property will significantly enhance the value of all the taxable real property in the zone and will be of general benefit to our community. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a) Proposed Ordinance No. 011120 -8 authorizes final renewal of the annual sludge disposal contract with Rustin Transportation in the amount of $143,520. Rustin Transportation submitted a written request to exercise their option to renew for the same pricing, terms, and conditions. Quantities remain the same. This Annual Sludge Disposal Contract is used for the collection, hauling, and disposal of processed sewage sludge at each of the three City of Baytown Wastewater Treatment Plants. b) Proposed Ordinance No. 011120 -9 authorizes renewal of the annual water meter contract to ABB Water Meters, Inc. in the amount of $48,590.90. ABB Water Meters, Inc. has submitted a written request to renew the existing contract for the same pricing. Quantities remain the same. This annual water meter contract is for displacement type small water meters and turbine type water meters to be installed by the Utilities Division. Page 10 of 15 Minutes of the Special Session — November 20, 2001 C) Proposed Ordinance No. 011120 -10 approves the purchase of a 7.98 acre tract located behind the Public Safety complex at 3200 North Main for the site of the new Police Academy building. Additional information will be provided in your packet. Funding for this purchase will be considered by the Crime Control and Prevention District Board on November 20. d) Proposed Ordinance No. 011120 -11 authorizes the City Manager to execute and the City Clerk to attest a Tri-Party Agreement between the City, Reinvestment Zone Number One, and the Redevelopment Authority. The Agreement will establish the responsibilities for each party as it relates to the implementation of the Zone Project Plan and Financing Plan, management of revenues of the Zone, and the relationship between the three parties. The Agreement has been previously reviewed with Council during work sessions. The board for the Redevelopment Authority and the board for the Reinvestment Zone approved the agreements on November 12. e) Proposed Ordinance No. 011006 -12 sets a public hearing to adopt and amend rules governing plats and subdivisions of land within the city for 6:40 p.m. on December 13, 2001, in the City Council Chambers at City Hall. This public hearing is required by Section 212.002 of the Texas Local Government Code and must occur prior to council adopting or amending rules governing plats and subdivisions of land. The proposed change would allow a developer to file a security, such as a bond or letter of credit, in lieu of completing construction of all required improvements only if (i) all of the water lines, sanitary sewer lines and stormwater systems are completed and approved by the City Engineer and (ii) 50 percent of the required improvements, including streets and lift stations are completed. Currently, the ordinance allows the filing of such a security if 75 percent of the required improvements are completed. This proposed change is designed to promote the health, safety, morals, and general welfare of the City and the safe, orderly, and healthful development of the City. The Growth Management and Development Advisory Commission reviewed this issue at its meeting on November 14, 2001. Prior to Council's consideration of the ordinance incorporating the proposed change, both the City's administration and the Growth Management and Development Advisory Commission will make a recommendation to the City Council. f) Proposed Ordinance No. 011120 -13 sets a public hearing on the proposed disannexation of the property occupied by First Chemical Company, L.P., (which property was previously annexed via Ordinance No. 2516), for 6:45 p.m. and 6:50 p.m. on December 13, 2001, in the City Council Chambers at City Hall. This public hearing is being held pursuant to the City's Charter and Chapter 43 of the Texas Local Government Code and is a prerequisite to the city's disannexing property. Two public hearings regarding this disannexation will be held and persons interested in the disannexation shall be given the opportunity to be heard. The hearings will be conducted on or after the 40`h day but before the 20`h day before the date of the institution of the proceedings. The disannexation of territory by the City will be completed within 90 days of the date of the initiation of the disannexation proceedings. Page 11 of 15 Minutes of the Special Session — November 20, 2001 g) Proposed Resolution No. 011120 -5 authorizes an amendment to Resolution No. 1519 relating to the contract with Houston - Galveston Area Council for electric power purchases for two years due to a contract increase. The prices proposed are reasonable, but exceed the indicative prices approved by Council in the original action. Council Member Mundinger moved adoption of the consent agenda, items a through g. Council Member Godwin seconded the motion. In regard to item e, Council Member Mundinger commended the administrative staff for recognizing a flaw in the rules governing plats and subdivisions of land and taking the necessary steps to amend them. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carved. ORDINANCE NO. 9272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF RUSTIN TRANSPORTATION FOR THE ANNUAL SLUDGE DISPOSAL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FORTY -THREE THOUSAND FIVE HUNDRED TWENTY AND NO /100 DOLLARS ($143,520.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF ABB WATER METERS, INC., FOR THE ANNUAL WATER METER CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -EIGHT THOUSAND FIVE HUNDRED NINETY AND 90/100 DOLLARS ($48,590.90); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN EARNEST MONEY CONTRACT WITH LEROY WALKER TRUST FOR THE PURCHASE OF APPROXIMATELY 7.98 ACRES OF LAND FOR THE BAYTOWN POLICE ACADEMY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of IS Minutes of the Special Session — November 20, 2001 ORDINANCE NO. 9275 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 TRI -PARTY AGREEMENT RELATING TO THE DUTIES AND RESPONSIBILITIES INVOLVING REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED AMENDMENT TO THE RULES GOVERNING PLATS AND SUBDMSIONS OF LAND WITHIN THE CITY OF BAYTOWN AND ITS EXTRATERRITORIAL JURISDICTION TO ALLOW THE FILING OF A BOND OR OTHER PRESCRIBED SECURITY TO OBTAIN FINAL PLAT APPROVAL IN CERTAIN CIRCUMSTANCES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9277 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR THE PUBLIC HEARINGS ON THE PROPOSED DISANNEXATION OF THE PROPERTY OCCUPIED BY FIRST CHEMICAL COMPANY, L.P., WHICH PROPERTY WAS PREVIOUSLY ANNEXED VIA ORDINANCE NO. 2516; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1525 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING RESOLUTION NO. 1519 PASSED ON NOVEMBER 6, 2001, WHICH APPROVED AND AUTHORIZED THE EXECUTION OF A "SUPPLY AGREEMENT" WITH A RETAIL ELECTRIC PROVIDER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointments to the Community Development Advisory Committee. Terms for the following members expire on January 1, 2002: Jesse Gutierrez, Joe Wheat, Kitty Allen, and Carl Burg. They represent Council Districts 1, 2, 3, and 4 respectively. All members are willing to serve again if Council reappoints them. Of the eight meetings held between October 1, 2000 and September 30, 2001, Mr. Gutierrez attended three, Mr. Wheat attended five, Ms. Allen attended six, and Mr. Burg attended seven. rN Council Member Mundinger moved appointment of Kitty Allen (District 3), and Carl Burg (District 4) to the Community Development Advisory Committee. Council Member Murray seconded the motion. The vote follows: Page 13 of 15 Minutes of the Special Session — November 20, 2001 Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. Consider confirmation of the Mayor's appointment of the Chairman and Directors of the Baytown Redevelopment Authority. By Resolution 1516, City Council approved the Bylaws of the Baytown Redevelopment Authority. The Bylaws provide that the directors and chairman of the Authority are appointed by the Mayor and approved by City Council. The Bylaws further provide that the Authority Board is to be interlocking with the Board of Reinvestment Zone Number One, City of Baytown. Therefore, it is incumbent on the Council to appoint the following persons to the following positions on Board of Directors of the Baytown Redevelopment Authority. Position One Position Two Position Three Position Four Position Five Position Six Position Seven Position Eight Position Nine Tom Gidley Don Murray John Strausser Reggie Brewer vacant Will Deane vacant vacant Steve Evans One year tern Two year term One year term Two year term One year term Two year term One year term Two year term One year term Chairman for calendar year 2001 —Don Murray. Council Member Mundinger moved appointment of the Chairman and the Directors of the Baytown Redevelopment Authority, as listed above. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. Page 14 of 15 Minutes of the Special Session — November 20, 2001 City Manager's Report. City Manager Mercer announced the appointment of Byron Jones as Interim Police Chief and said advertisement for the position of Police Chief has begun. Mr. Mercer said that at their places, council had invitations to the retirement party on Friday, November 30, 2001 for outgoing Police Chief Charles Shaffer. He noted that the Christmas Parade will be held on Thursday, December 6, 2001, and the Christmas Tree Lighting and the Art Reception will be held on Friday, December 7, 2001. Mr. Mercer reminded Council that the Texas Municipal League Annual Conference will be held November 28 -30, 2001 in Houston. He told council that the Finance Department had been mentioned in the Houston Business Journal. Finally, Mr. Mercer recognized Rogina Rivon, who recently joined administrative staff. Hold hearing on the appeal of the decision of the Growth Management and Development Advisory Commission on denial of final approval of a plat for the Preston Place Subdivision. City Manager Mercer said that no action was required on the requested appeal hearing because earlier in the meeting, council had called for a public hearing to adopt and amend the rules governing plats and subdivisions of land within the city for the next council meeting on December 13, 2001. He said that this request is consistent with the revisions in the proposed ordinance, which require that approval be contingent upon the submission of a bond equal to 110% in addition to the satisfactory completion of the improvements. Consider affirming, reversing, or modifying the decision of the Growth Management and Development Advisory Commission on denial of final approval of a plat for the Preston Place Subdivision. Council Member Murray moved to reverse the decision of the Growth Management and Development Advisory Commission, subject to the submission of a bond equal to 110% in addition to the satisfactory completion of the improvements. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. The motion carried. Hold hearing on the appeal of the decision of the Construction Board of Adjustments and Appeals on denial of permit for a manufactured home at 5305 Bayway. City Council heard the appeal of the decision of the Construction Board of Adjustments and Appeals on denial of permit for a manufactured home at 5305 Bayway. Appearing for the Appellant, Norman Hargrave, were the Appellant and counsel, Dane Listi. Page 15 of 15 Minutes of the Special Session — November 20, 2001 AW Appearing For the City were Danny Jackson, AssistantC. ity Attonreyand Kevin Byal, Chief Building Official. Af w, hearing the evidence and arguments, (lie:Hcanng was closed. Consider affirming, :reversing, or modifying the decision of tire Construction Board of .Adjustments and Appeals on denial of permit for a manufactured home at 5305 Bayway. :Council Member Mundinger moved affinning the decision of the Construction Board of .Adjustments and Appeals on denial ofpermit fora manufactured home at 5705 Bayway. Council Member Godwin seconded the motion. Council Member Mundinger skated that Council had denial] many similar requests in the past. He cited the width of the manufactured home and its location in a Neighborhood Conservation District as reasons forconcern, as well as the possible consequences orits proposed size. Council Member .Murray voiced concern over the problems Mr. Hargrave had experienced in meeting with the Construction Board of Adjustments and Appeals, bill said that it appeared that several violations existed. Ile urged Mr. Hargrave to stake reapplication and work with City staff to :solve the .problems. The vote follows: Ayes: Council Members Godwin, Mnndinger, and Murray. Mayor Alfaro, Nays: None, The motion carried.. Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Godwin secondedthe :motion. The vote follows: Ayes: Council Members Godwin, Mundingcr, and Muray. Mayor Afire. Nays: None. The motion carried. There being no flntherbusiness, the meeting adjourned at 7:42 pan, , r Dairy lV.,�imith City Clerk