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2004 02 12 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 12, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on February 12, 2004, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary M. 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 and Council Member Mundinger led the pledge of allegiance and offered the invocation after which the following business was conducted: Mayor Alfaro recognized the high school students attending the meeting. Consider approval of minutes of the work session and regular meeting held on January 22, 2004. Council Member Renteria moved approval of the minutes of the work session and regular meeting held on January 22, 2004. 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. Citizen Communications: Ray Martin, 816 Sunset Drive, to address Council regarding an adjustment to his water bill and to request that the meter be replaced. Marvin Martin, son of Ray Martin, addressed Council requesting that the utility bill at 816 Sunset Drive be adjusted for the month of November 2003. The usage for November 2003 was 60,000 gallons. During the period from June 2001 through January 2004, no other monthly usage exceeded 9,000 gallons. Page 2 of 25 Minutes of the Regular Session — February 12, 2004 Consider action related to the utility bill at 816 Sunset Drive. Gary Jackson, City Manager, explained that Mr. Martin has exhausted his avenues for relief through administration. Mr. Jackson explained the policy for bill adjustment upon proof of a leak and the policy for testing the meter. Mr. Martin provided no information proving a leak and declined a meter test. Mr. Martin provided no information of high usage. Ignacio Ramirez, Sr., City Attorney, explained that Council has wide latitude in this decision. Council is the finder of fact and can adjust the bill if the facts support the adjustment. Council may not adjust the bill if the facts do not support the adjustment. Council Member Anderson moved to adjust Mr. Martin's November 2003 water bill by giving him credit for one -half of the bill. 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. Prior to the Public Hearing and consideration of Proposed Ordinance No. 040212 -1, Gary W. Smith, City Clerk announced that four members of City Council, Mayor Alfaro and Council Members Anderson, Godwin and Murray filed with him conflict of interest affidavits relating to ExxonMobil. Conduct a public hearing to receive input concerning the adortion of an ordinance to participate in the Texas Enterprise Zone Program as amended by the 78` Texas Legislature and to consider and nominate ExxonMobil Corporation as an enterprise zone project. The public hearing was called to order at 6:55 p.m. This public hearing gives all interested parties the right to attend and to participate in a public hearing to receive input concerning the adovion of an ordinance to participate in the Texas Enterprise Zone Program as amended by the 78` Texas Legislature and to consider and nominate ExxonMobil Corporation as an enterprise zone project. Input may also be received concerning local incentives available to business enterprises within the jurisdiction of the City of Baytown, regardless of whether those business enterprises are located in an enterprise zone. The local incentives to be discussed may include, but are not limited to, tax and other financial incentives, benefits, and programs. Texas Government Code, Chapter 2303, "Enterprise Zones" requires the City Council to conduct a public hearing at which persons interested in the proposed enterprise zone project nomination and incentives are given the opportunity to provide input and to be heard. Notice of the public hearing was published in The Baytown Sun on February 5, 2004 and posted on the City's website on the same day, at least seven days prior to today's date. Warren D old, E xxonMobil, s poke i n f avor t he C ity's p articipation i n t he T exas E nterprise Z one Program and the nomination of ExxonMobil Corporation to the Office of the Governor, Economic Development and Tourism through the Economic Development Bank as an enterprise project. The public hearing was closed at 6:58 p.m. Page 3 of 25 Minutes of the Regular Session — February 12, 2004 Council considered the following item out of order. Consider Proposed Resolution No. 040212 -2, electing to become eligible to participate in tax abatement pursuant to the Property Redevelopment and Tax Abatement Act and adopting guidelines and criteria for granting tax abatement in a reinvestment zone created in Harris County or Chambers County. Proposed Resolution No. 040212 -2 confirms that the City Council of the City of Baytown elects to become eligible to participate in tax abatement pursuant to the Property Redevelopment and Tax Abatement Act and adopts guidelines and criteria for granting tax abatements in reinvestment zones created in Harris or Chambers Counties. Texas law requires any eligible taxing jurisdiction to establish guidelines and criteria governing eligibility for tax abatement agreements prior to granting of any tax abatements. The guidelines and criteria are to be effective for a period of two years and are to remain unchanged during such period unless amended by a three - quarter vote of the City Council. Baytown's guidelines were last reviewed and adopted on September 23, 1999. Since such time, the City has reviewed the guidelines and conformed the abatement percentages to those applicable to the industrial district policy established for companies that did not have an industrial district agreement with the City on July 26, 2002. Under the proposed guidelines and criteria, qualifying companies would realize abatement on their new eligible properties as follows: Year 1 100% Year 3 100% Year 5 60% Year 2 100% Year 4 80% Year 6 0% A copy of the guidelines is attached to the resolution. This item was discussed during the January 22, 2004 work session. The guidelines were presented to the Baytown -West Chambers County Economic Development Foundation board, which unanimously endorsed them on January 26th. Council Member Renteria 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. 1628 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ELECTING TO BECOME ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT PURSUANT TO THE ` PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; ADOPTING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENTS IN A REINVESTMENT ZONE CREATED IN HARRIS COUNTY OR CHAMBERS COUNTY; ADOPTING SUCH GUIDELINES AND CRITERIA; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 4 of 25 Minutes of the Regular Session — February 12, 2004 � Consider Proposed Ordinance No. 040212 -1, ordaining the City's participation in the Texas Enterprise Zone Program, providing local incentives, designating a liaison for communication with interested parties, and nominating ExxonMobil Corporation to the Office of the Governor, Economic Development and Tourism through the Economic Development Bank as an enterprise project. Council Member Renteria moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. In response to a question, Mr. Jackson reported that the tax abatement approved in the previous item do not apply to this project. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9718 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDAINING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303 OF THE TEXAS GOVERNMENT CODE; PROVIDING LOCAL INCENTIVES; DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES; NOMINATING EXXON MOBIL CORPORATION TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK AS AN ENTERPRISE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Conduct the first public hearing on the proposed annexation of a 100.8628 -acre tract of land being all of Lot 38 and part of Lot 25 in Unit "D" of Elena Fruit and Cotton Farms, in the G. C. & S. F. Railway Survey No. 2, Abstract 1017, Harris County, Texas. The petitioner requested that this item be withdrawn from consideration at this time. Conduct the second public hearing on the proposed annexation of a 100.8628 -acre tract of land being all of Lot 38 and part of Lot 25 in Unit "D" of Elena Fruit and Cotton Farms, in the G. C. & S. F. Railway Survey No. 2, Abstract 1017, Harris County, Texas. The petitioner requested that this time be withdrawn from consideration at this time. Consider Proposed Ordinance No. 040212 -2, the final reading of the Ordinance annexing property currently within the extra- territorial jurisdiction of the City of Baytown and being a 6.639 -acre tract of property north of Staples Addition in Chambers County, Texas. The City of Baytown has received a request to annex the 6.639 -acre tract of land owned by Bayou Development, L.L.C. The owner proposes to develop the tract, along with the adjoining 3.667 -acre tract currently within the city limits, as a recreational vehicle park. Page 5 of 25 Minutes of the Regular Session — February 12, 2004 Bayou Development, L.L.C. filed and the City Council approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on November 25, 2003. The first reading was held on January 8, 2004 and the ordinance was published on January 12, 2004, more than 30 days before the date of the second reading. Council Member Anderson 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. 9698 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 6.639 ACRE TRACT OF PROPERTY NORTH OF STAPLES ADDITION IN CHAMBERS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 040212 -3, placing the 6.639 -acre tract located north of Staples Addition in Chambers County, Texas in Council District No. 5. Upon annexation property must be placed in the proper Council District. The property is adjacent to other properties within the City that are situated in Council District No. 5. 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. 9719 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 6.639 ACRE TRACT OF PROPERTY NORTH OF STAPLES ADDITION IN CHAMBERS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 6 of 25 Minutes of the Regular Session — February 12, 2004 Consider Proposed Ordinance No. 0402124, the final reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 5.565 -acre tract of land located at 5333 East Freeway, in the George Ellis Survey, Abstract No. 21, Harris County, Texas, being located north of and adjacent to Interstate Highway No. 10, between Garth Road and North Main Street. The City of Baytown has received a request to annex the 5.565 -acre tract of land owned by Mohamad H. Saleem. The owner proposes to develop the as a Mitsubishi automobile dealership. Mr. Saleem filed and the City Council approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on December 11, 2003. The first reading was held on January 8, 2004 and the ordinance was published on January 12, 2004, more than 30 days before the date of the second reading. Council Member Murray 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. 9699 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 5.565 ACRE TRACT OF LAND LOCATED AT 5333 EAST FREEWAY, IN THE GEORGE ELLIS SURVEY, ABSTRACT NO. 21, HARRIS COUNTY, TEXAS, BEING LOCATED NORTH OF AND ADJACENT TO INTERSTATE HIGHWAY NO. 10, BETWEEN GARTH ROAD AND NORTH MAIN STREET; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 040212 -5, placing the 5.565 -acre tract of land located at 5333 East Freeway, in the George Ellis Survey, Abstract No. 21, Harris County, Texas, being located north of and adjacent to Interstate Highway No. 10, between Garth Road and North Main Street in Council District No. 4. Upon annexation, property must be placed in the proper Council District. The property is adjacent to other properties within the City that are situated in Council District No. 4. Council Member Murray 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. Page 7 of 25 Minutes of the Regular Session — February 12, 2004 ORDINANCE NO. 9720 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 5.565 ACRE TRACT OF LAND LOCATED AT 5333 EAST FREEWAY, IN THE GEORGE ELLIS SURVEY, ABSTRACT NO. 21, HARRIS COUNTY, TEXAS, BEING LOCATED NORTH OF AND ADJACENT TO INTERSTATE HIGHWAY NO. 10, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040212 -6, awarding a contract for the dredging of the Bayland Marina and Channel. Council approved the plans and specifications for dredging of Bayland Island and authorized advertising for bids at the November 25, 2003 meeting. Four companies attended the pre -bid conference held on December 17, 2003. In order to issue clarification addendums to address questions raised at the pre -bid, the bid opening was extended until January 20, 2004. Of the four companies that attended the pre -bid conference, two companies, Paula Construction and Rodriquez Dredging Company, teamed up and submitted the lower of the two bids received. Our architect, Bob Randall of Randall/Porterfield Architect Inc., has reviewed the bids and recommends we award the low bid to Paula Construction for $124,234.50. The bid was 7% above the architect's estimate of $116,010. The contractor was given the opportunity to bid the project in two ways: mechanically and/or hydraulically dredge approximately 10,800 cubic yards of sandy silt and place it in two upland non - wetland levee sites on Bayland Island and Bayland Park. Paula Construction will use the hydraulic dredging method to complete the project. The contractor will also have to comply with the discharge guidelines issued by the Corps of Engineers permit received by the City in October. The contractor is also required to follow the Storm Water Pollution Prevention plan. Construction is expected to begin in late February and the contract allows 150 days for completion. Due to the low tides during this time of year, the work is expected to proceed at a faster pace than the contract requires. Funding is available through the Capital Replacement Fund. Council Member Godwin 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. 9721 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH PAULA CONSTRUCTION, INC., FOR THE BAYLAND MARINA AND CHANNEL DREDGING PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED TWENTY -FOUR THOUSAND TWO HUNDRED THIRTY -FOUR AND 50 /100 DOLLARS ($124,234.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8 of 25 Minutes of the Regular Session — February 12, 2004 Consider Proposed Ordinance No. 040212 -7, awarding the sale of property at Bayland Island. Proposed Ordinance No. 040212 -7 awards the sale of property at Bayland Island, Option I, sale of existing building (previously a restaurant) and accompanying 40 -year ground lease to Angel Brothers Enterprises, LTD, in the amount of $157,700. 12 bid packets were sent out and we received four responses. This item will be discussed at the work session before the meeting. Copies of the addenda are included in the packet. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. Billy Kerr, 140 N. Burnett, had requested to address City Council on this item. Mr. Kerr opposed the award of the bid due to the addenda to the invitation to bid. He expressed concern that not all the potential bidders had been notified of the changes reflected in the addenda. He urged Council to reject all bids and readvertise. Bob Leiper, Assistant City Manager, responded that it is standard practice to issue addenda. Each person who had received a bid packet was provided with copies of the addenda. Mr. Leiper also informed Council that the debt on the former restaurant building will be paid on March 1, 2004. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9722 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A BILL OF SALE AND A LEASE OF PREMISES FOR THE SALE OF EXISTING BUILDING, PREVIOUSLY USED AS A RESTAURANT FACILITY, AT BAYLAND ISLAND AND ACCOMPANYING GROUND LEASE WITH ANGEL BROTHERS ENTERPRISES, LTD.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040212 -8, authorizing payment of restaurant debt. In order to complete the sale of the restaurant building, it is necessary to pay off the debt on the restaurant ($711,609.92) and secure a release of lien. Council Member Murray 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. Page 9 of 25 Minutes of the Regular Session — February 12, 2004 ORDINANCE NO. 9723 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE DEBT ON THE RESTAURANT FACILITY AT BAYLAND ISLAND IN THE AMOUNT OF SEVEN HUNDRED ELEVEN THOUSANDS IX HUNDRED NINE AND 92/100 DOLLARS ($711,609.92) TO SOUTHWEST BANK OF TEXAS, SUCCESSOR IN INTEREST TO CITIZENS BANK AND TRUST COMPANY OF BAYTOWN, TEXAS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040212 -9, awarding the bid for the West Main Street and East James Street Elevated Water Storage Tanks Rehabilitation Project. Proposed Ordinance No. 040122 -9 awards a construction c ontract i n t he a mount o f$ 477,800 t o Diversified Coating Ltd. for the West Main Street and East James Street Elevated Water Storage Tanks Rehabilitation Project. The scope of work includes the application of a new interior and exterior lining on both elevated storage tanks. In addition, the balcony platforms around each tank will be replaced. The total base bid for this project is $464,800. Alternate bid item number one, for the application of the slogan, "Home of Lee College," on the sides of both tanks, is $2,500 per tank, which will be paid by Lee College. Alternate bid item number two, for the application of the City of Baytown logo, is $2,000.00 per tank. Staff recommends providing for one "Home of Lee College" slogan and two City of Baytown logos on each tank. The total contract amount, including both alternate bid items, is $477,800. The construction duration for this project is 90 calendar days. The project will be funded by 2003 Certificates of Obligation. Council Member Murray moved adoption of the proposed ordinance, including all bid alternatives. 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. 9724 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH DIVERSIFIED COATING LTD. FOR THE WEST MAIN STREET AND EAST JAMES STREET ELEVATED WATER STORAGE TANKS REHABILITATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF FOUR HUNDRED SEVENTY -SEVEN THOUSAND EIGHT HUNDRED AND NO 1100 DOLLARS ($477,800.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 25 Minutes of the Regular Session — February 12, 2004 Consider Proposed Ordinance No. 040212 -10, authorizing Supplemental Agreement No.1 to the Municipal Maintenance Agreement with the Texas Department of Transportation for the installation of traffic signals and reimbursement for the operation and maintenance of traffic signals within the city. Proposed Ordinance No. 040212 -10 authorizes Supplement Agreement No. 1 to the Municipal Maintenance Agreement, originally entered into on September 28, 1995, between the City and the State of Texas, Texas Department of Transportation, to add new intersections to the contract. This supplemental agreement is necessary due to the four newly reconstructed intersections along Spur 330 that have recently been completed: Airhart Drive, Rollingbrook Drive, Baker Road, and Bayway Drive. This supplemental agreement will increase the total payment from the State to the City from $13,470 to $20,865, a net increase of $7,395. After a review of the cost to maintain these intersections, this contract is in the City's best interest. 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. 9725 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 SUPPLEMENTAL AGREEMENT NO. 1 TO THE MUNICIPAL MAINTENANCE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF CERTAIN TRAFFIC SIGNALS AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF CERTAIN TRAFFIC SIGNALS WITHIN THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040212 -11, amending Chapter 102 "Vehicles for Hire," Article III "Tow Trucks," Division 3 "Permit," Section 102 -196 "Application," Subsection (b)(8) of the Code of Ordinances and Chapter 102 "Vehicles for Hire," Article III "Tow Trucks," Division 3 "Permit," Section 102 -200 "Suspension, Subsection (3)c of the Code of Ordinances, to allow the permitting of wheel -lift tow trucks. Presently the ordinance requires that the tow bar on a tow truck be covered with at least one inch of rubber and have a sling. An exception was previously made for rollback tow trucks. The proposed amendment would allow the use of wheel -lift only tow trucks on the rotation list. The wheel -lift tow trucks would be required to be equipped with a winch with the same capacity as other permitted tow trucks. The proposed amendment was presented to the Tow Truck Committee on January 26, 2004 and the Committee recommended that Council amend the ordinance to permit wheel -lift only tow trucks. Page 11 of 25 Minutes of the Regular Session — February 12, 2004 Sammy Mahan, 201 Roseland, spoke in opposition of adoption of the proposed ordinance and provided an exhibit to Council. Phillip McDaniel, 5610 Railway, spoke in favor of adoption of the proposed ordinance. Council Member Murray moved to table action on 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 to table carried. Consider Proposed Ordinance No. 040212 -12, authorizing renewal of the contract for annual sanitary sewer rehabilitation. Proposed Ordinance No. 040212 -12 approves renewal of the contract for annual sanitary sewer rehabilitation in the amount of $999,608.15 with PM Construction & Rehab, L.P. The scope of work for the 2004 Annual Sanitary Sewer Rehabilitation project includes rehabilitation work primarily using the pipe bursting method, but will also include some removal and replacement by open trench method as needed. Construction duration is one calendar year, and the project will be funded by 2003 Certificates of Obligation. Council Member Sheley moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Council Member Renteria was out of the Council Chamber at the time of the vote. ORDINANCE NO. 9726 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE 2003 ANNUAL SANITARY SEWER REHABILITATION CONTRACT WITH PM CONSTRUCTION & REHAB, L.P.; AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE SUM OF NINE HUNDRED NINETY -NINE THOUSAND SIX HUNDRED EIGHT AND 151100 DOLLARS ($999,608.15); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 25 Minutes of the Regular Session — February 12, 2004 Consider Proposed Ordinance No. 0 40212 -13, a warding t he c ontract f or t he H ardin R oad Drainage and Roadway Reconstruction Project. Proposed Ordinance No. 040212 -13 awards a construction contract in the amount of $820,766 to Angel Brothers Enterprises, LTD for the Hardin Road Drainage and Roadway Reconstruction Project. The scope of work includes the reconstruction of the existing asphalt roadway to a new reinforced concrete street. In addition, the work will consist of utility relocations, ditch regrading operations, storm sewer outfall, culvert, and driveway replacements. The total construction cost for this project is $805,766, which will be funded by the 2001 Street and Drainage Bonds. Of the total $805,766, $140,172 consists of the associated drainage improvements. Therefore, the street reconstruction component, including utility work, is $665,594. In addition, an estimated $15,000 is necessary for materials testing, making the total contract amount for this project $820,766. The construction duration for this project is 150 calendar days and will be funded by the 2001 Street ($680,594) and Drainage ($140,172) Bonds. Council Member Anderson 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. 9727 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD., FOR THE HARDIN ROAD DRAINAGE AND ROADWAY RECONSTRUCTION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF EIGHT HUNDRED TWENTY THOUSAND SEVEN HUNDRED SIXTY -SIX AND NO/ 100 DOLLARS ($820,766.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040212 -14, awarding the contract for the East District Wastewater Treatment Plant Rehabilitation Project. Proposed Ordinance No. 040212 -14 awards a construction contract to LEM Construction Co., Inc., in the amount of $1,870,300 for the East District Wastewater Treatment Plant Rehabilitation Project. The scope of work includes the rehabilitation of Influent Lift Station Number One, Treatment Train Number One, and miscellaneous facilities, such as a clarifier and Pump Stations Numbers One and Two. The total contract amount of $1,870,300 will be funded both by 2002 Certificates of Obligation and $252,535.50 from interest earnings from the 1991 Bond Program to cover the construction and the professional services contracts. The construction duration for this project is 385 calendar days. Council Member Sheley moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Page 13 of 25 Minutes of the Regular Session — February 12, 2004 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carded. ORDINANCE NO. 9728 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH LEM CONSTRUCTION, INC., FOR THE EAST DISTRICT WASTEWATER TREATMENT PLANT REHABILITATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE MILLION EIGHT HUNDRED SEVENTY THOUSAND THREE HUNDRED AND NO /100 DOLLARS ($1,870,300.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance 040212 -15, ordering the Municipal Election to be held on the 151h day of May 2004, for the purpose of electing a Mayor -at -Large and three Council Members from District Numbers Four, Five and Six and a Special Election to be held on the 15'h day of May 2004, for the purpose of determining whether a sales tax shall be collected for street maintenance. Proposed Ordinance 040212 -15 orders the Municipal Election to be held on the 15`h day of May 2004, for the purpose of electing a Mayor -at -Large and three Council Members from District Numbers Four, Five and Six. According to state statute, the regular election must be held on Saturday, May 15, 2004. It will be necessary to elect the Mayor -at -Large and three Council Members from District Numbers Four (4), Five (5), and Six (6) for two -year terms. The proposed ordinance also orders a Special Election to be held on the 15'h day of May 2004, for the purpose of determining whether a one - quarter of one percent sales and use tax shall be collected for the purpose of street maintenance. The ballot proposition concerning the sales tax for street maintenance will be "The adoption of a local sales and use tax in the City of Baytown at the rate of one -fourth of one percent to provide revenue for maintenance and repair of municipal streets." The proposed ordinance establishes procedures for holding the election; locations for polling places; orders all necessary notices and actions; establishes the location for central counting, and provides for early voting hours and early voting ballot board, and provides for a run -off, if necessary. The election officers will be appointed by separate resolution. Early voting will take place from April 28 through May 11. Council Member Murray moved adoption o f the proposed ordinance. C ouncil Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 14 of 25 Minutes of the Regular Session — February 12, 2004 ORDINANCE NO. 9729 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 15TH DAY OF MAY, 2004, FOR THE PURPOSES OF ELECTING A MAYOR AT LARGE AND THREE COUNCILMEMBERS FROM DISTRICT NOS. FOUR, FIVE AND SIX; ESTABLISHING A DATE FOR A RUNOFF ELECTION; ORDERING A SPECIAL ELECTION FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF A LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE RATE OF ONE - FOURTH OF ONE PERCENT TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY BALLOT BOARD FOR EARLY BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Consider Proposed Ordinance 040212 -16, authorizing a joint election with Goose Creek Consolidated Independent School District for the election to be held on the 15th day of May 2004. The use of the new voting equipment from Harris County will allow a fully joint election, so that city and school, as appropriate, will be reflected on the same ballot. Early voting will take place at two locations, City Hall and the School Administration Building. Tabulation of ballots will occur at the same location, the School Administration Building. The City and School District will share the cost of equipment, supplies and personnel for common polling places. In the common polling places, the voter will only make one stop and vote only one ballot. This will reduce the cost for the election for both entities. 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. 9730 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A JOINT ELECTION AGREEMENT WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE GENERAL ELECTION TO BE HELD ON THE 15T" DAY OF MAY 2004; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 15 of 25 Minutes of the Regular Session — February 12, 2004 Consider Proposed Ordinance No. 040212 -17, setting the time, date and place for a public hearing to consider the issuance of education revenue bonds by the Milford Higher Education Facilities Corporation for Baytown Christian Academy, Inc. Proposed Ordinance No. 040212 -17 sets the time, date, and place for a public hearing to consider the issuance of education revenue bonds by the Milford Higher Education Facilities Corporation for Baytown Christian Academy, Inc., for March 11, 2004, in the City Council Chambers of City Hall during the regularly scheduled council meeting, which commences at 6:30 p.m. Under the provisions of Section 147(0 of the Internal Revenue Code, bonds for private schools have to be approved both by the city where the bonds are being issued (in this case, the City of Milford) and by the city where the project being financed with the bonds is located (in this case, Baytown). Section 147(f) and the accompanying regulations to the Code require two steps to obtain the necessary approval in the City of Baytown: 1. A public hearing must be held after notice has been published in the official newspaper of the city at least 14 days prior to a public hearing about the bond issue. 2. After the public hearing, a written approval has to be given by the "applicable elected representative" of Baytown. This proposed ordinance sets the requisite public hearing. The bonds are advantageous to the school in that the bonds allow it to borrow the money at a low interest rate since the bonds are tax- exempt. However, please note that the bonds are not a liability of the City of Baytown. The bonds along with all issuance costs are to be paid solely by the school. The bonds also do not count against Baytown's bonding authority in any way whatsoever. The City Council held a public hearing and approved the school's first bond issue last year. Our bond counsel has reviewed the proposed bond issue and has provided the following statement, "I have reviewed the information that you faxed to us yesterday regarding the Bond financing for Baytown Christian Academy. The documents provided are necessary to satisfy certain requirements of the Internal Revenue Code of 1986 and do not obligate the City to pay the debts of the Academy. Please let me know if you have any further questions or concerns in this matter." Tom Sage. Council Member Mundinger moved adoption of the proposed ordinance. 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. ORDINANCE NO. 9731 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE DATE AND PLACE FOR A PUBLIC HEARING REGARDING THE ISSUANCE OF EDUCATION REVENUE BONDS BY THE MILFORD HIGHER EDUCATION FACILITIES CORPORATION FOR BAYTOWN CHRISTIAN ACADEMY, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 16 of 25 Minutes of the Regular Session — February 12, 2004 +, Consider Proposed Ordinance No. 040212 -18, approving and authorizing the release of information made confidential pursuant to Section 143.089(g) of the Texas Local Government Code to the City Manager, the City Attorney, and the Director of Human Resources/Director of Civil Service. The Human Resources Department maintains a file on each employee of the City of Baytown. However, under civil service law, a fire or police department may maintain a separate personnel file on a fire fighter or police officer for the department's use. If a departmental file is created, the department may not release any information contained in such file to any agency or person requesting information relating to a fire fighter or police officer. The attorney general has recognized that the chief executive and the governing body of a municipality are not person's "outside the department," but are supervisors of the same and have an inherent right in their official capacities to examine the records maintained in that file. The attorney general has further opined that they may designate those individuals, who shall have access to the files. Because these departmental files are maintained by the City's Police and Fire Departments, this ordinance approves and authorizes the release of information contained in such files, which are otherwise confidential, to the City Manager, the City Attorney and the Director of Human Resources/Director of Civil Service. Council Member Godwin 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. 9732 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND AUTHORIZING THE RELEASE OF INFORMATION MADE CONFIDENTIAL PURSUANT TO SECTION 143.089(G) OF THE TEXAS LOCAL GOVERNMENT CODE TO THE CITY MANAGER, THE CITY ATTORNEY, AND THE DIRECTOR OF HUMAN RESOURCES/DIRECTOR OF CIVIL SERVICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution 040212 -1, requesting financial assistance from the Texas Water Development Board for the Utility Capital Improvement Program. Proposed Resolution 040212 -1 requests financial assistance from the Texas Water Development Board (TWDB) and authorizes the submission of an application to the board. The application is for $32,470,000 in total funding. The City increased water and sewer rates to provide funding for the current year's portion of the bonds ($6,670,000). An increase in rates will be required when the rest of the bonds included in the application are issued. This resolution requests the designation of the City Manager as the official representative for submitting the application, executing any necessary documents, and appearing before the TWDB. The projects included in the TWDB funding request were included in the 2004 Adopted Budget. The projects include: Page 17 of 25 Minutes of the Regular Session — February 12, 2004 Northeast Wastewater Treatment plant $18,000,000 Lakewood Sewer Rehabilitation 4,000,000 Central District Wastewater Treatment Plant Rehabilitation 670,000 West Baytown Sewer Rehabilitation 6,000,000 Roseland Sewer Rehabilitation 1,200,000 Woodlawn Sewer Rehabilitation 2,000,000 Issuance Costs & Contingency 600,000 Total TWDB Application $32,470,000 Sixty percent of the debt service on the bonds for the Northeast Wastewater Treatment Plan will be pledged by the Municipal Development District. An action item to that effect will be included on the next MDD agenda. Council Member Mundinger 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. 1629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD FOR THE UTILITY CAPITAL IMPROVEMENT PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040212 -3, granting a petition for annexation of a 7.5194 -acre tract, being part of Lots 11,12 and 26 and all of Lots 27, 28, and 29, Block 21 of Highland Farms Addition, submitted by Am -Mex Restaurant, Inc. and authorizing preparation of a service plan. The property is located north of Lynchburg -Cedar Bayou Road, east of Garth Road and the pipeline right -of -way and west of West Road. Additionally, the proposed annexation will include that portion of West Lynchburg -Cedar Bayou Road that is adjacent to the Am -Mex property and extending to the east to Goose Creek and not included within the city limits. The property is proposed to be developed as a restaurant. The proposed resolution directs staff to prepare a service plan for the proposed annexation and to schedule the necessary public hearings. Council M ember M urray m oved adoption o f the proposed resolution. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 18 of 25 Minutes of the Regular Session — February 12, 2004 RESOLUTION NO. 1630 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF AM -MEX RESTAURANT, INC., CONCERNING THE ANNEXATION OF A 7.5194 ACRE TRACT OF LAND IN THE ED T. SCHAFFER SURVEY (W.C.R.R.), ABSTRACT NO. 1224 OUT OF THAT CERTAIN CALLED 63.1918 ACRE TRACT OF LAND AND BEING PART OF LOTS 11, 12 AND 26 AND ALL OF LOTS 27,28 AND 29, BLOCK 21 OF HIGHLAND FARMS ADDITION, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040212 -4, granting a petition for annexation of a 57.2 -acre tract in the William Bloodgood League, Abstract No. 4, submitted by the City of Baytown and authorizing preparation of a service plan. The property is located south of Interstate Highway No. 10, west of Cedar Bayou, and east of and adjacent to the Southern Pacific Railroad right -of -way. The property is proposed to be developed as a wastewater treatment plant. The proposed resolution directs staff to prepare a service plan for the proposed annexation and to schedule the necessary public hearings. Council Member Sheley moved adoption of the proposed resolution. 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. RESOLUTION NO. 1631 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF CITY OF BAYTOWN CONCERNING THE ANNEXATION OF 57.2011 ACRES OF LAND IN THE WM. BLOODGOOD LEAGUE, ABSTRACT NUMBER 4, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a. Proposed Ordinance No. 040212 -19 accepts an easement from ExxonMobil Corporation for Carver Street as well as for related water, sewer, drainage and other public utilities. This property was previously owned by the Goose Creek Consolidated Independent School District ( "GCCISD "); however, when GCCISD closed Carver Elementary School, the property ceased to be used for school purposes and the ownership of the land reverted back to ExxonMobil Corporation. This easement, therefore, is necessary since Carver Street is a public street and the utilities running alongside the street are the property of the City of Baytown. The easement contains a reversionary clause, similar to that found in the former deed to GCCISD, whereby should the City cease to use the property for a public street or other public purposes for which the easement is granted, the easement reverts to ExxonMobil Corporation. Page 19 of 25 Minutes of the Regular Session — February 12, 2004 b. Proposed Ordinance No. 040212 -20 approves changing the name of East Elvinta to Crosby - Cedar Bayou Road. Mat Dobbs, DVM, has requested that the 3100 block of East Elvinta be renamed to Crosby -Cedar Bayou Road. The 3100 block is the only portion of East Elvinta north of Highway 146. The roadway continues north across Alexander Drive and is known as Crosby -Cedar Bayou Road. At its meeting held on January 21, 2004, the Planning and Zoning Commission unanimously voted to recommend to City Council the request to rename East Elvinta to Crosby -Cedar Bayou Road. A copy of the petition for the name change is included in the packet. c. Proposed Ordinance No. 040212 -21 approves changing the name of West Wye Drive to YMCA Drive. The Baytown Family YMCA made this request. This portion of Wye Drive is west of North Main Street, which is approximately one block long. The roadway continues east of North Main Street, which is East Wye Drive. East Wye Drive does not line up with West Wye Drive as it crosses North Main Street. At its meeting held on January 21, 2004, the Planning and Zoning Commission unanimously voted to recommend to City Council the request to rename West Wye Drive to YMCA Drive. A copy of the petition for the name change is included in the packet. One property owner did not sign the petition consenting to the change. d. Proposed Ordinance No. 040212 -22 authorizes an interlocal agreement with Barbers Hill ISD, Goose Creek CISD, City of Mont Belvieu, City of Seabrook, and the City of Baytown for an auction to be held on April 24, 2004. This year's auction will be organized and held by the City of Baytown in coordination with the other entities. e. Proposed O rdinance N o. 0 40212 -23 a wards t he 1 ast r enewal o f t he a nnual j anitorial and cleaning services contract to Pedus Service in the amount of $ 66,589.05. P edus S ervice submitted a written request to renew the current contract with a 1.9% CPIU increase. All locations remain the same. This contract provides cleaning services for fourteen (14) locations throughout the City. The Consumer Price Index for all Urban Areas (CPIU) is an economic indicator most widely used to measure inflation for prices of goods and services purchased for consumption by urban households. f. Proposed Ordinance No. 040212 -24 authorizes the sole source purchase of fire fighting protective clothing from Casco Industries, Inc., in the amount of $43,097. The Fire Department will purchase bunker gear and accessories. Casco Industries, Inc., is the sole distributor for Globe Bunker Gear in the State of Texas and surrounding states. Funding for the purchase is available from Fire Department's Operations/Wearing Apparel account and the Capital Replacement Fund. g. Proposed Ordinance 040212 -25 awards the second renewal for the annual mowing, edging, and trimming services contract in the amount of $130,705 as follows: Sec. ]-Parks Contract Mowing Sites $36,375 Grant Smith Mowing Sec. III - Community Beautification Sites (5 cycles @ $7,785.00 ea) $38,925 Grant Smith Mowing Sec. V- Miscellaneous City Facilities $19,225 Grant Smith Mowing Sec. VI -On -Call Only Sites $ 2.660 Grant Smith Mowing $97,185 Sec. 11- Bayland Park and Marina $11,220 Niederhofer Sec. IV -Lift Stations and Well Sites jjaj300 Niederhofer $33,520 Page 20 of 25 Minutes of the Regular Session — February 12, 2004 Grant Smith Mowing and Niederhofer Enterprises, Inc., submitted written requests to renew their current contracts for the same pricing, terms and conditions. Council Member Mundinger moved adoption of the consent agenda, items a through g. 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. ORDINANCE NO. 9733 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING AN EASEMENT FOR CARVER STREET AS WELL AS FOR RELATED WATER, SEWER, DRAINAGE AND OTHER PUBLIC UTILITIES FROM EXXON MOBIL CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9734 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENAMING "EAST ELVINTA" TO CROSBY -CEDAR BAYOU ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9735 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENAMING "WEST WYE DRIVE" TO YMCA DRIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9736 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BARBERS HILL INDEPENDENT SCHOOL DISTRICT, GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, THE CITY OF MONT BELVIEU, AND THE CITY OF SEABROOK FOR A COOPERATIVE AUCTION TO BE HELD ON APRIL 24, 2004; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9737 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING rmh THE CONTRACT OF PEDUS SERVICE FOR THE ANNUAL JANITORIAL & CLEANING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -SIX THOUSAND FIVE HUNDRED EIGHTY -NINE AND 05 /100 DOLLARS ($66,589.05); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 21 of 25 Minutes of the Regular Session — February 12, 2004 ORDINANCE NO. 9738 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF FORTY -THREE THOUSAND NINETY -SEVEN AND N01100 DOLLARS ($43,097.00) TO CASCO INDUSTRIES, INC., AS THE SOLE SOURCE FOR THE PURCHASE OF FIRE FIGHTING PROTECTIVE CLOTHING; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9739 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF GRANT SMITH MOWING AND NIEDERHOFER ENTERPRISES, INC., FOR THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED THIRTY THOUSAND SEVEN HUNDRED FIVE AND NO1100 DOLLARS ($130,705.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider amending direction given to the Charter Review Committee. Mr. Jackson reported to Council that the Texas Constitution allows an election related to Charter amendments once every two years. Due to the change in the May 2004 uniform election date, two years will not elapse before the May 2006 election. However, a Charter election could be held at the September 2006 or the November 2006 uniform election dates. If it were not a constitutional provision, then the Election Code would allow the election to be held in May 2006. The Constitution will prohibit holding a Charter election in May 2004 and in May 2006. Mike Beard, 207 Morrell, requested to address City Council on this item. Mr. Beard urged Council to remove the May 2004 deadline from the direction given to the Charter Review Committee. Council discussed whether the Committee had been given sufficient time to discuss the proposed Charter amendments and make a recommendation to City Council. Council Member Murray moved to reorient the guidance to the Committee with the direction to do as thorough a review as possible and come back to Council with a recommendation without any set time period. Council Member Anderson seconded the motion. Council Member Murray withdrew the motion and Council Member Anderson withdrew the second. Mr. Jackson reminded Council of the statutory distinction between a commission and a committee. If a full review and revision of the Charter is intended, then perhaps a Charter Commission should be elected. Mr. Ramirez stated that there is no bright line to guide the Council. If an overhaul is intended, a commission might be preferred. A committee could be used to make recommendations to Council. Council Member Mundinger moved that the Committee bring to Council selected/limited amendments for Council to consider by September 2004. Council Member Murray seconded the motion. Council discussed the benefits of having Charter amendments on the May 2004 ballot compared to delaying presenting amendments to the voters to allow the Committee a longer period for deliberation. The vote follows: Page 22 of 25 Minutes of the Regular Session — February 12, 2004 Ayes: Council Members Anderson, Murray, and Mundinger Nays: Council Members Godwin, Renteria, and Sheley Mayor Alfaro. The motion failed. Council Member Renteria moved that the Charter Review Committee make recommendations to Council to allow specific Council selection revisions to be addressed on the May 2004 ballot. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Godwin, and Renteria, and Sheley Mayor Alfaro Nays: Council Members Anderson, Murray, and Mundinger. The motion carried. Discuss and consider possible action related to downtown redevelopment. Mr. Jackson explained that the Baytown Downtown Association (BDA) and staff desire to provide for a consultant to prepare a master plan for downtown redevelopment. A draft request for proposals has been prepared. The item was discussed during the work session preceding the meeting. Council Member Renteria moved that Council approve the plan of action that Gregory Stubbs and Dr. Martha Ellis had proposed. Council Member Anderson seconded the motion. Dr. Martha Ellis, 4507 Ironwood, requested to address Council on this item. Dr. Ellis introduced the BDA Board members that were present, Gary Englert, Ronn Haddox, Mary Hernandez, Chris Presley, Scott Sheley, Joe Wheat, Sharon Wilkenfeld, and Gary Jackson. She spoke in favor of the motion. Sharon Wilkenfeld, 2 South Main at Texas Avenue, requested to address Council on this item, but waived her right to speak. Rolando Valdez, 1711 Kentucky, Hispanic Chamber of Commerce, requested to addressed Council on this item. Mr. Valdez spoke in favor of the motion. Al Busch, 6411 F. M. 565 N., requested to address Council on this item, but was not present when his name was called. Chris Presly, 7700 Hunt, No. 214, requested to address Council on this item. Mr. Presley read a letter from Tracy Wheeler Martinez, Baytown Chamber of Commerce, supporting the motion. Mitchell Pearce, 4704 Ripplecreek Drive, requested to address Council on this item. Mr. Pearce supported the motion. Mr. Jackson defined the plan as this issuance of a request for proposals for a consultant to prepare a master plan for downtown redevelopment, with fifteen to thirty days advertisement; the BDA chair and staff to review the submittals; receipt of the master plan prior to September 1, 2004, and submittal to City Council for approval in September 2004. Page 23 of 25 Minutes of the Regular Session — February 12, 2004 Consider appointment of Municipal Court Judge. Consider appointment of Municipal Court Judge for a term beginning February 1, 2004, to January 31, 2006. On March 14, 2002, City Council appointed Larry Bailey as Municipal Court Judge. The term expired at the end of January 2004. No action was taken on this item. Mayor Alfaro announced that each judge will hold over in the same capacity. Larry Bailey will continue as Municipal Judge on administrative leave. Randy Strong will continue as Associate Municipal Judge. Andy Helms and Kelley Benavides will each continue as Interim Associate Municipal Judge. Consider appointment of Associate Municipal Court Judge(s). Consider appointment of Associate Municipal Court Judge(s) for a term beginning February 1, 2004 to January 31, 2006. On June 26, 2003, Randall B. Strong was appointed as temporary Associate Municipal Court Judge. On September 11, 2003, Randall B. Strong was appointed as Associate Municipal Judge and Kelly Benavides was appointed as Interim Associate Municipal Judge. On September 25, 2003, Andy Helms was appointed as temporary Interim Associate Municipal Judge. All terms expired at the end of January 2004. No action was taken on this item. Consider appointment of Health Officer and Alternate Health Officer for the City of Baytown. Dr. James J. Bernick has served as Health Officer for the City since March 1, 1998. His present term will expire on March 9, 2004. Dr. Bernick has agreed to serve another two -year term. Dr. David Hall has served as Alternate Health Officer for the City since December 16, 1997. His present tern will expire on March 9, 2004. Dr. Hall has agreed to serve another two -year term. Council Member Renteria moved appointment of Dr. James J. Bernick as Health Officer and Dr. David Hall as Alternate Health Officer for the City of Baytown. 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. Consider appointment to the Baytown Industrial District Corporation Board. The term of the Director Scott Sheley of the Baytown Industrial Development Board expired on December 14, 2003. Director Sheley has served three two -year terms and is not eligible for reappointment. No Director may serve more than six consecutive years. Page 24 of 25 Minutes of the Regular Session — February 12, 2004 Council Member Sheley moved the appointment of Vivian Cisneros Hemphill to the Baytown Industrial Development 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 City Manager's appointments to the Baytown Library Board. The term of Karen Dickey expires on March 1, 2004. The terms of E. E. "Gene" Poirot and Liza Storm Walmsley also expire March 1, 2004; however, they have served for three consecutive two -year terms. Library Board members may not serve more than three consecutive two -year terms. Ms. Dickey has agreed to serve if reappointed by council. Steffan Box agreeable to be appointed to replace retiring board member E. E. "Gene" Poirot. The appointment to replace Liza Storm Walmsley will be brought to you at a later meeting. During the most recent term, Ms. Dickey attended all ten of the meetings held. Council Member Anderson moved confirmation of City Manager's appointments of Karen Dickey, Steffani Box and Kathy Barnett to the Baytown Library Board. 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. City Manager's Report. The Library has received a $20,500 grant from the ExxonMobil Foundation to provide renewal funding for: • The ExxonMobil Reading & Cultural Enrichment Series: provides monthly "family nights" and summer reading club programs; provides quality, professional cultural programming that supports reading • The ExxonMobil Youth Science Collection: provides books and magazines relating to science; targets pre - schoolers through high school The ExxonMobil Literacy Collection: provides books for youth and adults that meets the needs of Spanish speakers as well as those who are working to improve their reading literacy skills in ` English. Page 25 of 25 Minutes of the Regular Session — February 12, 2004 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 9:03 p.m. G W. Sinith City Clerk