Loading...
2002 01 10 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 10, 2002 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on January 10, 2002, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Mercedes Renteria, III Council Member Ronnie Anderson Council Member Coleman Godwin Council Member Calvin Mundinger Council Member Don Murray Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Monte Mercer City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The meeting was opened with a quorum present and Council Member Mundinger led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the minutes of the work session and regular meeting held on December 13, 2001. Council Member Murray moved approval of the minutes of the work session, as redrafted, and regular meeting held on December 13, 2001. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. Abstentions: Council Member Godwin. The motion carried. Citizen Communications. Fred J. Haenchen, Bayland Island Marina, Slip C -11, presented a petition and views of current marina residents. Mayor Alfaro asked Administration to respond to Mr. Haenchen's concerns. Page 2 of 11 Minutes of the Regular Session — January 10, 2002 Consider Proposed Ordinance No. 020110 -1, authorizing termination of lease agreements with One Bayland Drive, L.C. and Two Bayland Drive, L.C. to terminate the ground leases for the restaurant, marina and ship store at Bayland Island. This item was withdrawn from consideration. Consider Proposed Ordinance No. 020110 -2, approving a contract/lease agreement for operation of the restaurant facility in the Bayland waterfront district. The agreement was negotiated after proposals were solicited. With the cooperation of the Economic Development Foundation, an agreement was negotiated that will provide a quality steak and seafood restaurant. City Manager Monte Mercer thanked Mike Shields and Matt Dilick for their help with the negotiations. Lowell Cox, Aida Almendarez, Victor Almendarez, and Fred Aguilar had requested to speak concerning this agenda item. All relinquished their time to Victor Almendarez. Mr. Almendarez reviewed the proposals for development of the island, encouraged centralized control of development, and asked that this item be tabled until a better option could be found. Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray seconded the motion. Council Member Mundinger stated that he is familiar with the quality of the restaurants of the proposed new operator and felt that such a restaurant is a more reasonable option than leaving the building vacant. Council Member Murray commented about the work that had preceded the recommendation, that the proposal was pragmatic, and that national restaurant chains had declined offers to locate on the island. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9291 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 LEASE OF PREMISES AGREEMENT WITH RESTAURANTS U.S. ENTERPRISES, BAYTOWN LTD FOR OPERATION OF THE RESTAURANT FACILITY IN THE BAYLAND WATERFRONT DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 3 of 11 Minutes of the Regular Session — January 10, 2002 Consider Proposed Ordinance No. 020110 -3, approving a contract/lease agreement for the operation of the marina and ships store in the Bayland waterfront district. This item was withdrawn from consideration. Consider Proposed Ordinance No. 020110 -4, first reading on proposed disannexation of the property occupied by First Chemical Company, L.P., which property was previously annexed via Ordinance No. 2516. On December 13, 2001, City Council conducted two public hearings pursuant to the Charter and Chapter 43 of the Texas Local Government Code as a prerequisite to the City's disannexing property. Ultimately, the disannexation of territory by the City will be completed within 90 days of the date of the initiation of the disannexation proceedings. The second and final reading of the disannexation ordinance may not be had until thirty days following publication of the ordinance. The ordinance will be published on January 13, 2002. The second and final reading will be scheduled for February 14, 2002. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9292 AN ORDINANCE PROVIDING FOR THE DISCONTINUANCE OF AN AREA AS PART OF THE CITY OF BAYTOWN, TEXAS, BY DISANNEXING THE PROPERTY OCCUPIED BY FIRST CHEMICAL COMPANY, L.P., WHICH PROPERTY WAS PREVIOUSLY ANNEXED VIA ORDINANCE NO. 2516; MAKING OTHER PROVISIONS RELATED THERETO. Consider Proposed Ordinance No. 020110 -5, approving Change Order No. 3 and final payment and accepting the West Main Street Sanitary Sewer Rehabilitation Project. The proposed ordinance approves deduct Change Order No. 3 to adjust final quantities in the amount of $41,898.38 and final payment of $26,322.57 to E. P. Brady, Inc., and accepts the West Main Street Sanitary Sewer Rehabilitation project. The contract award amount was $451,793.15, and the final contract amount is $444,194.77, which represents a 1.68% cost savings, largely due to a final adjustment of pay quantities. Contract original duration was 120 calendar days and the contractor completed the work on schedule. The contractor's workmanship was satisfactory. This work was funded by 2000 Certificates of Obligation. The contractor began work on paving West Main on December 17, 2001. Page 4 of 11 Minutes of the Regular Session — January 10, 2002 Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9293 AN ORDINANCE AUTHORIZING DEDUCT CHANGE ORDER NO. 3 WITH E.P. BRADY, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE WEST MAIN STREET SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -SIX THOUSAND THREE HUNDRED TWENTY -TWO AND 57/100 DOLLARS ($26,322.57) TO E.P. BRADY, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 020110 -6, awarding a professional services contract for quality assurance testing for the West Main Street Paving Improvements. The proposed ordinance awards a contract to Coastal Testing Laboratories, Inc. to provide professional services for the West Main Street Paving Improvements. The scope of work includes quality assurance testing, according to the construction contract documents and proposal for testing on West Main Street Paving Improvements. Compensation for basic services will be a not -to- exceed sum in the amount of $31,997. This 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 Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9294 AN ORDINANCE AUTHORIZING THE PAYMENT OF AN AMOUNT NOT TO EXCEED THIRTY -ONE THOUSAND NINE HUNDRED NINETY -SEVEN AND NO 1100 DOLLARS ($31,997.00) TO COASTAL TESTING LABORATORIES, INC., FOR PROFESSIONAL SERVICES REGARDING QUALITY ASSURANCE TESTING FOR THE WEST MAIN STREET PAVING IMPROVEMENTS PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5ofII Minutes of the Regular Session — January 10, 2002 Consider Proposed Ordinance No. 020110 -7, authorizing Bettye Springer of Karger Key Barnes & Springer, LLP to perform legal services in connection with Cause No. 2001- 624939 filed in the 215'h District Court on behalf of certain City of Baytown firefighters against the City of Baytown. Ms. Springer represented the City in three arbitration hearings dealing with a temporary suspension, demotion, and indefinite suspension, and was the City's lead negotiator in the collective bargaining process. This proposed ordinance authorizes Ms. Springer to perform such work on behalf of the City up to an amount not to exceed $35,000, plus expenses. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. Council Member Mundinger supported the motion because past claims can impact the terms of the Collective Bargaining Agreement and can recur and that clarity of the contract is needed. In response to an inquiry from Council Member Anderson, HR Director Alison Smith informed Council that $42,000 had been spent for outside counsel during the Collective Bargaining negotiations and that staff time had ranged from 35 hours to 150 hours. City Attorney Ignacio Ramirez, Sr. said that all expenses will be submitted to him prior to approval, in answer to a query from Council Member Godwin. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9295 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ENGAGING BETTYE SPRINGER OF KARGER KEY BARNES & SPRINGER, LLP FOR THE PERFORMANCE OF LEGAL SERVICES IN CONNECTION WITH THE LAWSUIT FILED ON BEHALF OF CERTAIN CITY OF BAYTOWN FIREFIGHTERS AGAINST THE CITY OF BAYTOWN REGARDING THE FIREFIGHTER LONGEVITY PAY MATTER; AUTHORIZING PAYMENT FOR SUCH SERVICES IN AN AMOUNT NOT TO EXCEED THIRTY -FIVE THOUSAND AND NO /100 DOLLARS ($35,000.00) PLUS REASONABLE EXPENSES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 020110 -1, amending Resolution No. 947, Section 3 (6) to allow staff to schedule the time, date and place of public hearings. The resolution as presently worded requires Council action to set the time, date and place of all public hearings. The proposed change would allow staff to schedule public hearings without Page 6 of 11 Minutes of the Regular Session — January 10, 2002 action of Council. This change, if approved, will eliminate the need for an action item for Council to call the public hearing, thereby reducing the time, by two weeks, required for an item to be scheduled for a public hearing and to be decided by Council. Council will continue to call the public hearings as mandated by statute. Council Member Sheley moved adoption of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING RESOLUTION NO. 947, SECTION 3, SUBSECTION 6, TO ALLOW STAFF TO SCHEDULE THE TIME, DATE AND PLACE OF PUBLIC HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a) Proposed Ordinance No. 020110 -8 authorizes the second renewal of the annual concrete pipe contract to National Concrete Products in the amount of $36,978. National Concrete Products has submitted a written request to renew the current contract for the same pricing, terms, and conditions. When compared to last year's contract, quantities remain the same. This contract is used by the Streets and Drainage Division for drainage projects. b) Proposed Ordinance No. 020110 -9 authorizes the first renewal of the annual gasoline and diesel fuel contract to King Fuels, Inc., for $980,304.70. King Fuels, Inc., submitted a written request to extend their current contract for the same discount, terms, and conditions. Total award amount includes all taxes and environmental fees for all entities (City of Baytown, Goose Creek ISD, Barbers Hill ISD, Lee College, and City of Seabrook) included in the Interlocal Contract for fuel. The City's portion of this contract is $531,041.58. Price per gallon of fuel is based on the discount offered added to the daily Oil Publication Information Sheet (OPIS) price per gallon. Page 7ofII Minutes of the Regular Session — January 10, 2002 C) Proposed Ordinance No. 020110 -10 authorizes the second renewal of the annual ammunition contracts, items #1 and 2, to Bailey's House Of Guns in the amount of $2,368.50; items #5, 6, 8, 9, and 12 to Gulf States Distributors in the amount of $7,542; and items #4 and 10 to Black Hills Ammunition, in the amount of $47,598.50, for a total awarded contracts of $57,509. GT Distributors, Inc., did not request renewal of items #3, 7, & 11 because the company discontinued the brand offered. Therefore, items #3, 7, & 11 will be deleted from the contract and purchased as needed. Bailey's House of Guns and Gulf States Distributors submitted written requests to renew the current contract for the same pricing, terms, and conditions. Black Hills Ammunition submitted a written renewal request on Item #10 for the same pricing and Item #4 with an allowable manufacturer increase of 5 %. Quantities remain the same. This annual ammunition contract will be used by the Police Department, SWAT, and Organized Crime. d) Proposed Ordinance No. 020110 -11 authorizes the first renewal of the annual brass fittings contract to Golden Triangle Pipe in the amount of $33,253.05. Golden Triangle Pipe submitted a written request to renew the current contract for the same pricing, terms, and conditions. Quantities remain the same. This contract is used for water rehabilitation, water distribution, water taps, and utility construction projects. e) Proposed Ordinance No. 020110 -12, sets the date, time, and location for a public hearing on the proposed amendment to the Transportation Thoroughfare Plan of the 2020 Comprehensive Plan, to eliminate the extension of Emmett O. Hutto Blvd. north of Baker Road, for January 24 at 6:40 p.m. Kimley -Horn and Associates (KHA) performed a traffic engineering study of the proposed extension of Emmett O. Hutto Blvd. In performing the study, KHA developed traffic projections based on the concept plan of Country Club Manor Subdivision. The study performed consisted of daily trips generated by the proposed development and were estimated using Trip Generation -6`4 Edition, published by the Institute of Traffic Engineers. Trips generated by the site were distributed onto the roadway network. The distribution was based on proposed layout, existing traffic volumes, surrounding land use, and access to regional transportation networks. The study indicates that the connection of Emmett O. Hutto to Bush Road is not suitable for the surrounding land use and the nearby obstacles. KHA supports the recommendation to modify the Thoroughfare Plan by eliminating the extension of Emmett O. Hutto Blvd. north of Baker Road. KHA's report is included in your packet. f) Proposed Ordinance No. 020110 -13, sets the date, time, and location for a public hearing on the request of Edna M. Gray to amend the Official Zoning Map to rezone property legally described as Tract 62 -B and 70 -13, out of the William Scott Survey, Abstract 65, from Urban Neighborhood to Mixed Use, for February 14 at 6:40 p.m. The Baytown Zoning Commission met on December 19, 2001 and approved this request for zoning district reclassification. The applicant is proposing to develop a car- washing facility. This is not a permitted use within the UN districts. Based on Staff analysis, the request meets the six amendment criteria established in the Zoning Ordinance. Page 8ofII Minutes of the Regular Session — January 10, 2002 Council Member Sheley moved adoption of the consent agenda, items a through f. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9296 AN ORDINANCE RENEWING THE CONTRACT OF NATIONAL CONCRETE PRODUCTS FOR THE ANNUAL CONCRETE PIPE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -SIX THOUSAND NINE HUNDRED SEVENTY -EIGHT AND NO /100 DOLLARS ($36,978.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9297 AN ORDINANCE RENEWING THE CONTRACT OF KINGS FUELS, INC., FOR THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINE HUNDRED EIGHTY THOUSAND THREE HUNDRED FOUR AND 70/100 DOLLARS ($980,304.70); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9298 AN ORDINANCE RENEWING THE CONTRACT OF BAILEY'S HOUSE OF GUNS, INC., GULF STATES DISTRIBUTORS, AND BLACK HILLS AMMUNITION, INC., FOR THE ANNUAL AMMUNITION CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY -SEVEN THOUSAND FIVE HUNDRED NINE AND NO 1100 DOLLARS ($57,509.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9299 AN ORDINANCE RENEWING THE CONTRACT OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL BRASS FITTINGS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -THREE THOUSAND TWO HUNDRED FIFTY -THREE AND 05 1100 DOLLARS ($33,253.05); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9ofII Minutes of the Regular Session — January 10, 2002 ORDINANCE NO. 9300 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR THE PUBLIC HEARING ON THE PROPOSED AMENDMENT TO THE TRANSPORTATION THOROUGHFARE PLAN OF THE 2020 COMPREHENSIVE PLAN, ELIMINATING THE EXTENSION OF EMMETT 0. HUTTO BOULEVARD NORTH OF BAKER ROAD; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9301 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR THE PUBLIC HEARING ON THE PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN, RECLASSIFYING PROPERTY DESCRIBED AS TRACTS 62B AND 70B, OUT OF THE WILLIAM SCOTT SURVEY, ABSTRACT 65, BAYTOWN, HARRIS COUNTY, TEXAS, FROM AN URBAN NEIGHBORHOOD DISTRICT TO A MIXED USE DISTRICT; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider confirmation of City Manager's appointments to the Baytown Library Board. The terms of Karin Dickey, Liza Walmsley, and Gene Poirot expire on March 1, 2002. Of the nineteen meetings held during the past two years, Ms. Dickey attended fourteen, and Ms. Walmsley and Mr. Poirot attended eighteen. Council Member Sheley moved confirmation of the City Manager's appointment of Karin Dickey, Liza Walmsley, and Gene Poirot to the Baytown Library Board. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider appointment of a Chairman of the Reinvestment Zone Number One, City of Baytown, and the chairman of the Baytown Redevelopment Authority for calendar year 2002. Texas Tax Code, Section 311.009 provides that each year the City Council shall appoint one member of the board to serve as chairman for a term of one year that begins on January 1. The eN Bylaws of the Redevelopment Authority provide that City Council appoints the chairman of the Redevelopment Authority. The Bylaws further provide that both boards have the same members. Don Murray was appointed chairman of both boards for the previous year. Page 10 of 11 Minutes of the Regular Session — January 10, 2002 Council Member Mundinger moved appointment of Don Murray as the Chairman of the Reinvestment Zone Number One, City of Baytown and as the Chairman of the Baytown Redevelopment Authority. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider appointment to the Community Development Advisory Committee. This item was deferred until the next meeting. Consider appointment to the Growth Management and Development Advisory Commission and Planning and Zoning Commission. This item was deferred until the next meeting. Consider appointment to the Baytown West Chambers County Economic Development Foundation. One member of City Council is appointed to the EDF Board. Coleman Godwin was appointed to the Board in May, 2000. The term expired at the end of 2001. Council Member Godwin moved the appointment of Ronnie Anderson to the Baytown West Chambers County Economic Development Foundation. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. City Manager's Report. City Manager Mercer announced that the League of Women Voters will meet in the new Municipal Court Building on Tuesday, January 15, 2002. Mr. Mercer informed Council that early voting for the special CCPD Continuation Election will begin on Wednesday, January 16, in the Council Chamber in City Hall. Page 11 of 11 Minutes of the Regular Session — January 10, 2002 011� Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:02 p.m. Ilizo Ni . G Si ith City Clerk MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 10, 2002 The City Council of the City of Baytown, Texas, met in work session on January 10, 2002, at 5:40 p.m. in the Hullum Conference Room of Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Ronnie Anderson Council Member Coleman Godwin Council Member Calvin Mundinger Council Member Don Murray Council Member Mercedes Renteria III Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Monte Mercer City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The meeting was opened with a quorum present after which the following business was conducted: Discuss the restaurant and marina in Bayland waterfront district. City Manager Monte Mercer reported that the City, in conjunction with the Baytown/West Chambers County Economic Development Foundation, had solicited proposals for the restaurant operators. To assist the City and EDF, Matt Dilick was retained. The process resulted in the proposal from Barry Terrell, operator of T -Bone Tom's in Kemah. The proposals for the marina operator have moved to the point of final negotiations on the contract. The settlement agreement with Ninfa's is nearly complete. A special meeting may be called to consider these items. Mike Shields, Executive Director of the EDF, reported the process employed by the City and EDF to locate an operator for the restaurant. The original goal was to obtain a national chain restaurant for the waterfront. Matt Dilick, who has been involved in the siting of restaurants for 16 years was retained to assist in the search. Thirteen large companies were contacted. They did not determine that the necessary market was present to support one of their operations. The search then turned to a quality restaurant operation. The factors considered were the experience, menu, finances and management. The search resulted in U. S. Enterprise Ltd. The key person has experience with national restaurants and has successfully operated an independent restaurant. In response to a question from Mayor Alfaro concerning the data used by the national restaurants to determine the Baytown market, Mr. Shields reported that the Ninfa's balance Page 2 of 2 Minutes of the Work Session — January 10, 2002 sheets from the initial years were made available. Those years did not produce the necessary demand and market in the analysis. Matt Dilick reported that the competition with the national restaurants is with markets such as Dallas and Austin. Baytown was not as attractive to them. The local, independent operators find the setting more attractive than the nationals. The local operator that was considered did not have the necessary financial backing. Mr. Mercer responded to Council Member Sheley's questions by relating that the rent would escalate to the rental charged Ninfa's. Once the restaurant and marina are being operated profitably, then the City will be in a better position to market the rest of the property on the Island. In reply to Council Member Godwin's inquiry about experience, Mr. Shields replied that Mr. Terrell had 9%: years experience with Landry's and 3 years with T -Bone Tom's. Council Member Sheley expressed concern that the menu of seafood and steaks would be in competition with existing restaurants. Barry Terrell replied that the menu would start as half seafood and half steak. The seafood would begin as fried, but the menu would adjust, based on the demand and market. Mr. Mercer reported that landscaping, monumentation and signs would be installed to attract customers to the location. The effort will be to assist the new operator to be successful to lead to development of other pads on the waterfront. Discuss amendment of rules of procedure to allow staff to set public hearings. Monte Mercer, City Manager, stated that the proposed amendment will streamline the process that involves public hearings. The proposed change will allow the matters that are subject to a public hearing to be brought to City Council more promptly by eliminating the Council action item calling the hearing. The change in procedure will also allow the hearings to be scheduled in the regular course of the meetings. When a statute requires Council to set the time, date and location of a public hearing, an action item will be presented to Council. Discuss appointments Confirmation of the City Manager's appointment to the Library Board. Council Member Sheley stated that he would move confirmation of Karin Dickey, Liza Walmsley, and Gene Poirot to the Library Board. Community Development Advisory Committee. Council Member Renteria announced that he was not ready for the appointment. Page 3 of 3 Minutes of the Work Session —January 10, 2002 Growth Management and Development Advisory Commission and Planning and Zoning Commission. Council Members Renteria and Godwin announced that they were not ready for the appointments. Chairman, Reinvestment Zone Number One, City of Baytown and Redevelopment Authority. Council Member Mundinger stated that he would move reappointment of Don Murray as Chairman of the Reinvestment Zone and the Redevelopment Authority. Baytown/West Chambers County Economic Development Foundation. Council Member Godwin, based on the practice of rotating appointments to the Economic Development Foundation, stated that he would move appointment of Ronnie Anderson as the City representative on the Foundation. Adjourn. Council Member Murray moved adjournment. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria and Sheley Mayor Alfaro Nays: None. There being no further business the meeting adjourned at 6:17 p.m. Gary W. Smith City Clerk ok