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2003 08 14 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 14, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on August 14, 2003, at 6:30 p.m. in the Council Chamber of Baytown City Hall 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 Gary M. Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The meeting was opened with a quorum present. Mayor Alfaro recognized the members of Boy Scout Troop #1444. Council Member Murray led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on July 24, 2003. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on July 24, 2003. 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 carved. Consider approval of minutes of the special meeting held on July 31, 2003. Council Member Anderson moved approval of the minutes of the special meeting held on July 31, 2003. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Nays: None. Council Member Renteria and Mayor Alfaro abstained. The motion carried. Page 2 of 10 Minutes of the Regular Session — August 14, 2003 Consider approval of minutes of the work session held on August 1, 2003. Council Member Godwin moved approval of the minutes of the work session held on August 1, 2003. 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 approval of minutes of the work session held on August 4, 2003. Council Member Renteria moved approval of the minutes of the work session held on August 4, 2003. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. Council Member Anderson abstained. The motion carried. Consider approval of minutes of the work session held on August 5, 2003. Council Member Mundinger moved approval of the minutes of the work session held on August 5, 2003. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider approval of minutes of the work session held on August 6, 2003. Council Member Anderson moved approval of the minutes of the work session held on August 6, 2003. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Renteria. Mayor Alfaro. Nays: None. Council Member Murray abstained. The motion carried. Page 3 of 10 Minutes of the Regular Session — August 14, 2003 United Way presentation. City Manager Jackson introduced David Mohlman, Director of the Baytown Chapter of the United Way, who presented a certificate to City employees in recognition of the 25% increase in their contributions during the 2002 -2003 United Way Campaign. He said that the participation percentage by City employees increased 5% and the average employee gift amount increased by 13% over the previous year. He thanked Fire Chief Dale Palmer and Planning Director Gregory Stubbs, co- chairs of the campaign. He also thanked City Manager Jackson for his support and recognized Finance Director Donna Sams for her work as a member of the United Way Board of Directors. He noted that both the Baytown Nature Center and the Wetlands Center will be included during the 2003 United Way Day of Caring. Mr. Jackson accepted the award on behalf of City employees and commended Mr. Palmer and Mr. Stubbs for their work during the campaign. Receive and discuss the Parks and Recreation Annual Report. Wayne Gray, Chairman of the Parks and Recreation Advisory Board presented the 38`h Annual Report. He commended Parks and Recreation Director Scott Johnson and staff, and thanked City Council for their support of the Board. On behalf of the City Council, Mayor Alfaro thanked Mr. Gray and the Parks and Recreation Board for their work to improve the quality of life in the City. Consider Proposed Ordinance No. 030814 -1, authorizing an Industrial District Agreement with Chevron Phillips Chemical Company LP. Proposed Ordinance No. 030814 -1 authorizes an Industrial District Agreement with Chevron Phillips Chemical Company LP for a seven -year period. The first payment pursuant to this agreement will be for the tax year 2003,. as its prior agreement with the City expired August 6, 2003. Because the 2003 values have yet to be certified, the 2002 values shall serve as the base under the agreement. The agreement is in conformity with the policies adopted by the City Council for companies that had an industrial district agreement in effect on July 26, 2002 in the City's industrial districts. Council Member Mundinger moved adoption of the proposed ordinance. 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. Page 4 of 10 Minutes of the Regular Session — August 14, 2003 ORDINANCE NO. 9610 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH CHEVRON PHILLIPS CHEMICAL COMPANY LP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030814 -2, authorizing an Industrial District Agreement with Natural Gas Odorizing, Inc. Proposed Ordinance No. 030814 -2 authorizes an Industrial District Agreement with Natural Gas Odorizing, Inc. for a seven -year period. The first payment pursuant to this agreement was for the tax year 2002. Since Natural Gas Odorizing, Inc. paid the City $42,321.26 pursuant to an interim letter agreement, no additional payment will be due for tax year 2002. The agreement is in conformity with the policies adopted by the City Council for companies that had an industrial district agreement in effect on July 26, 2002 in the City's industrial districts. Council Member Renteria moved adoption of the proposed ordinance. 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. ORDINANCE NO. 9611 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH NATURAL GAS ODORIZING, INC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030814 -3, awarding a professional services contract for the Steinman Sanitary Sewer Project. Proposed Ordinance No. 030814 -3 awards a professional services contract in an amount not to exceed $170,400 to Langford Engineering, Inc. for the Steinman Sanitary Sewer Project. Compensation for basic services will not exceed $137,500. The project's reimbursable expenses will not exceed $6,500. The engineering consultant's fee for surveying will not exceed $19,300 while the charges for geotechnical services will not exceed $7,100. The scope of work includes the design and specifications for the project. This project will be funded by 2003 Certificates of Obligation. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. It was noted that the Architectural & Engineering Committee was in agreement with the recommendation. The vote follows: Page 5of10 Minutes of the Regular Session — August 14, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9612 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LANGFORD ENGINEERING, INC., FOR THE STEINMAN AREA SANITARY SEWER IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY THOUSAND FOUR HUNDRED AND NO /100 DOLLARS ($170,400.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 030814 -1, adopting Tax Increment Reinvestment Zone policies and guidelines. City Manager Jackson noted that there was a formatting change in the Exhibit to the ordinance regarding the variance criteria. Council Member Mundinger moved adoption of the proposed resolution. 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. RESOLUTION NO. 1600 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING TAX INCREMENT REINVESTMENT ZONE POLICIES AND GUIDELINES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 030814 -2, granting a petition for annexation submitted by SR ZM Corporation and authorizing preparation of a service plan. Proposed Resolution No. 030814 -2 grants a petition for annexation submitted by SR ZM Corporation, dba South East Development Corporation, to annex a 14 -acre tract of land in the Nathaniel Lynch Survey, Abstract 44. The property is located adjacent to the north right -of -way line of I -10 between the service station at Crosby - Lynchburg Road and the roadside park. The property is proposed to be developed as an RV Park. The proposed resolution will direct staff to prepare a service plan for the proposed annexation and to schedule the necessary public hearings. Page 6 of 10 Minutes of the Regular Session — August 14, 2003 Council Member Godwin moved adoption of the proposed resolution. 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. RESOLUTION NO. 1601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF SR ZM CORPORATION CONCERNING THE ANNEXATION OF 14 ACRES OF LAND IN THE NATHANIEL LYNCH SURVEY, ABSTRACT NO. 44, BAYTOWN, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approving the invitation to bid relating to Bayland Island. Staff has developed an invitation to bid to allow bidders the opportunity to either 1) purchase the restaurant building on Bayland Island and sign a long -term ground lease for the property the building occupies or 2) buy all of Bayland Island. The options were discussed during the July 10, 2003 work session and will be discussed in the work session preceding the meeting. For the sale of the restaurant and long -term lease, the ground lease will be for 40 years on the land that the building occupies and will provide access to the common areas. A fee will be charged for the maintenance of the common areas. The conveyance will prohibit use of the property as an industrial facility, a junk or wrecking yard, a sexually oriented business, and/or a facility that would affect the ability of a person to sell alcoholic beverages elsewhere on Bayland Island or Britton Park. The sale of the Island will be by deed without warranty. The sale will be subject to the marina/ships store lease. The purchaser will pay all costs. The same uses will be prohibited. Mineral rights will be reserved. The future dredging of the marina will be the purchaser's responsibility. The award of the bid will be contingent upon an election approving the sale of the park land. A $25,000 deposit will be required to cover the costs of the election. Any activity involving the wetlands would require approval from the Corps of Engineers. Council Member Murray moved approval of the invitation to bid relating to Bayland Island. 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. Page 7 of 10 Minutes of the Regular Session — August 14, 2003 Consent Agenda a. Proposed Ordinance No. 030814 -4 amends Chapter 86 "Solid Waste," Article III "Commercial Solid Waste," Division 2 "Small Business Waste Collection Service," Section 86 -166, "Contract for garbage collection," of the Code of Ordinances, to increase the fee for small business waste collection service from $25.50 to $26.50 per month. This increase was to coincide with the $1.00 per month garbage rate increase that became effective October 1, 2000. This section of Chapter 86, the Solid Waste Ordinance, was not changed. b. Proposed Ordinance No. 030814 -5 awards the last renewal of the annual hot -mix asphalt contract to Century Asphalt Materials in the amount of $73,525. Century Asphalt submitted a written request to renew the current contract for the same pricing, terms, and conditions. Price per ton is S29.41. Quantities remain the same. Hot -mix asphalt is picked up at the supplier's plant site and used for patching potholes, streets, parking lots, and various other applications by the Public Works Department. Council Member Renteria moved adoption of the consent agenda, items a and b. 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. ORDINANCE NO. 9613 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE III "COMMERCIAL SOLID WASTE," DIVISION 2 "SMALL BUSINESS WASTE COLLECTION SERVICE," SECTION 86 -166 "CONTRACT FOR GARBAGE COLLECTION' OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCREASE THE MONTHLY FEE FOR SMALL BUSINESS WASTE COLLECTION SERVICES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9614 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF CENTURY ASPHALT MATERIALS FOR THE ANNUAL HOT -MIX ASPHALT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -THREE THOUSAND FIVE HUNDRED TWENTY -FIVE AND NO /100 DOLLARS ($73,525.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8 of 10 Minutes of the Regular Session — August 14, 2003 Consider appointment to the Baytown Municipal Development District Board. This item was not ready for consideration. Reverend Henry Carr signed to speak on this item, but left the meeting before the item was reached. Consider appointments to the Baytown Area Water Authority Board. The terms of Robert L. Gillette, Dan M. Mundinger, and Dan Conejo expire on September 1, 2003. Each has agreed to serve an additional term if Council elects to reappoint them. During the most recent term, Mr. Gillette has attended ten and Mr. Mundinger has attended nine of the eleven meetings held. Mr. Conejo was appointed to complete the term of Sam Schulze and has attended all seven of the meetings held since his appointment on June 27, 2002. Council Member Mundinger moved appointment of Robert L. Gillette, Dan M. Mundinger, and Dan Conejo to the Baytown Area Water Authority Board. 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. Consider confirmation of the Mayor's appointments to the Parks and Recreation Board. The terms of Bennie Kadjar, Carmen Torres, and Tony Fama will expire on August 31, 2003. During the most recent term, Ms. Kadjar attended 23, Ms. Torres attended 24, and Mr. Fama attended 22 of the 30 meetings of the Board. Each has indicated a willingness to continue their service to the City. Council Member Murray moved confirmation of the appointment of Bennie Kadjar, Carmen Torres, and Tony Fama to the Parks and Recreation Board. 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. Consider placing Municipal Judge on administrative leave with pay. Council Member Mundinger moved to place Municipal Court Judge Larry Bailey on administrative leave with pay until further notice by City Council or until January 31, 2004, the expiration of his term of office, whichever comes first, subject to the following conditions: Page 9 of 10 Minutes of the Regular Session — August 14, 2003 While on administrative leave, Judge Bailey will retain his judicial authority and title. He'll be required, when appropriate, to issue warrants, take pleas of prisoners, give magistrate warnings, and perform other duties of the Municipal Court Judge, as needed, and will not perform any such judicial duties at the Municipal Court facility. 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. Consider appointment of a temporary Municipal Judge and a temporary Associate Municipal Court Judge. Council Member Anderson moved appointment of Tony Polumbo as temporary Municipal Judge and Mike Parrott as temporary Associate Municipal Judge. 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. City Manager's Report. City Manager Jackson noted that a joint work session with TIRZ #1 will be held on Monday, August 18, 2003, at 4:00 p.m. in the Council Chamber. Mr. Jackson announced that the public hearing on the budget will be held on Thursday, August 28, 2003, at 6:40 p.m. Mr. Jackson said that the 201h Annual National Night Out, held on Tuesday, August 5, 2003, had been a success. Forty -eight block parties had registered, with over a thousand citizens involved. The Mayor and members of Council, the Police and Fire Departments, the Canine Units, S.W.A.T. Units, E.M.S., the Health Department, and Animal Control participated and visited locations throughout the City. Mr. Jackson informed Council that Fire Chief Dale Palmer had resigned, effective August 15, 2003. He commended him for his accomplishments while employed by the City and wished him well in his rIIII new endeavors. Mayor Alfaro thanked Chief Palmer for his service and asked that God bless him. Page 10 of 10 Minutes of the Regular Session — August 14, 2003 Adjourn. Council Member Mundinger moved that the meeting adjourn. 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. There being no further business, the meeting adjourned at 7:01 p.m. /I It Alln it G Smith City Clerk MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 14, 2003 The City Council of the City of Baytown, Texas, met in work session on August 14, 2003, at 5:00 p.m. in the Hullum Conference Room of Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was opened with a quorum present after which the following business was conducted: Discuss invitation to bid relating to Bayland Island. Gary Jackson, City Manager, reminded Council of the previous discussions regarding the proposed transactions relating to the restaurant building and the entire island. The packet included the proposed invitation to bid and compared the two options, sale of the restaurant building with a long -term ground lease and sale of the entire island. Bob Leiper, Assistant City Manager, explained that after the bids are received, the Council may choose the option that provides the best benefit to Baytown. The sale will be for cash as the City is prohibited from owner financing. The proposals must contain financial statements documenting the ability of the bidder to consummate the transaction and the requisite bid bond. Option 1 is the sale of the restaurant building and a ground lease. The building will be sold "as is, where is" and all known structural defects will be disclosed. The sale will include all equipment, furnishings and fixtures. The purchaser will be required to pay the cost of a survey and to separate the utilities. The following uses will be prohibited: an industrial facility (light or heavy, as defined by the City), a junk or wrecking yard, a sexually oriented business, and a facility that would affect the ability of a person to sell alcoholic beverages elsewhere on the island or Britton Park. Staff recommends a minimum bid of $100,000 be required, but the decision rests with Council. Page 2 of 4 Minutes of the Work Session — August 14, 2003 Council Member Murray inquired if the staff had calculated a cost for doing nothing. Mr. Jackson responded that staff had calculated costs for demolition and further development if the invitation does not draw acceptable bids and staff believes that the proposed minimum bid fairly covers the cost of the equipment, furniture and fixtures in the building. Mr. Leiper continued and explained that the ground lease would be for 40 years and cover the land the restaurant building occupies. The successful bidder will have access to the "common areas." The purchaser will be required to maintain the utilities in the common areas that serve the building. The lease payment will be $1 per month. A $500 per month maintenance fee for the common areas, including lighting, will be required. Option 2 is the sale of the island and marina. The sale will be "as is, where is, with all defects." It will include all equipment, furnishings, fixtures and utilities. The purchaser will be required to pay the cost of a survey and to separate the utilities at the property line. The same prohibited uses will apply. The City will reserve the mineral rights. The purchaser will be responsible for all future dredging of the marina basin and channel. Since parkland is involved, a citywide election will be required to authorize the sale of the island. The sale will be contingent on the election results. A $25,000 deposit is required to pay the cost of the election. The sale will close within 90 days of a successful election, unless extended by the City. The uniform election dates are in February, May, September and November. The purchaser will be required to honor the existing marina lease. Future activities are subject to approval of the Corps of Engineers restrictions on marshland and wetlands areas. Staff recommends a minimum bid of $3,700,000. If Option 1 is selected and completed, the proceeds of the sale would be used to pay down the remaining bank loan after a portion of the lawsuit proceeds were applied. Repairs to or replacement of the ships store will be studied and effected using the balance of the lawsuit proceeds. The remaining debt, if any, may be retired using the Ninfa's /Serrano's promissory note. The marina lease and general fund would continue to retire the remaining bank note relating to the marina and ships store. Other ground leases will be marketed for additional development on the island. If Option 2 is selected and completed, the cash payment would be used to defease the remaining Marina General Obligation bonds, retire the bank loan on the restaurant, ships store and infrastructure, and reimburse the construction cost for the Business 146 sign. An interested party may submit a bid for Option 1 and/or Option 2. Upon receipt and analysis, the City may select a bid for award for either Option 1 or Option 2. The selection of one option excludes the other option. The invitation to bid will be published and allow between 45 and 60 days for receipt of the bids. This allows wide advertisement and time for potential bidders to complete their investigations. The review and analysis of the bids is projected to take 30 days, including a work session discussion with Council. The earliest possible date for Council action is the November 251h meeting. The election could be held in February 2004. f Council Member Mundinger asked if the bidders would be required to reveal the intended use for the property. Mr. Jackson responded that the bid packet does not include such a requirement, as the information cannot be used to award or reject a bid. Council Member Mundinger requested that the successful bidder be asked for his intent after the bids have been opened and analyzed. Page 3 of 4 Minutes of the Work Session — August 14, 2003 Discuss Tax Increment Reinvestment Zone policies and guidelines. Mr. Jackson introduced David Hawes, Hawes, Hill & Associates, the City's TIRZ consultant Mr. Jackson reviewed the changes in the draft of the proposed policies and guidelines. On page 2, section B, the deadline for submission of an application for a TIRZ was moved to October 1. This allows time for all review and action for the zone to take effect in the following tax year. Mr. Hawes observed that the schedule would be tight. On page 4, number 13, the applicant is asked to specify if the proposed zone meets the policies of the other governmental entities. On page 5 -6, section F -8, the section was modified to remove the limitations on costs and allow consideration of approval of costs on a case -by -base basis. This allows flexibility for the Council and the board to address unique circumstances in each proposed zone. A variance procedure was added. The procedure is modeled after the variance procedure in the subdivision ordinance. The procedure will allow variations from the guidelines to address unique circumstances in a proposed zone. The proposed policies and guidelines have been discussed with the applicant for the proposed Island TIRZ. They have submitted comments. The changes do not accomplish everything the applicant desires, but they provide a mechanism to address their concerns. Council Member Murray asked who will decide the questions related to "other costs" and "variances "? Council Member Mundinger responded that the board will recommend and City Council will decide the questions. Mr. Hawes noted that the questions can be resolved after the deadline for application. Consider appointments. Baytown Municipal Development District. This item was not ready for consideration. Baytown Area Water Authority. Council Member Mundinger stated that he would move the reappointment of Robert L. Gillette, Dan M. Mundinger, and Dan Conejo. Parks and Recreation Board. Mayor Alfaro stated that he would reappoint Bennie Kadjar, Carmen Torres, and Tony Fama and ask for Council confirmation. Adjourn. There being no further business, Council Member Mundinger moved adjournment. Council Member Murray seconded the motion. The vote follows: Page 4 of 4 Minutes of the Work Session — August 14, 2003 Aye: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro Nay: None. The motion carried and the meeting adjourned at 5:48 p.m. Ga4 W. Smith City Clerk OPI