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2004 09 09 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 9, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on September 9, 2004, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Sammy Mahan Don Murray Mercedes Renteria III Scott Sheley Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith 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 Mahan 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 August 26, 2004. Council Member Renteria moved approval of the minutes of the work session and regular meeting held on August 26, 2004. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Conduct the first public hearing on the proposed annexation of a 2.70 -acre tract situated in the Jacob Armstrong Survey, Abstract 2, in Chambers County, Texas. The public hearing was called to order at 6:32 p.m. The property is located east of State Highway 146 and south of the recently annexed Horsepin subdivision. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on August 31, 2004 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Page 2 of 25 Minutes of the Regular Session — September 9, 2004 Brazos River North South LTD. is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a residential subdivision. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. No one appeared to speak at the public hearing. The public hearing was closed at 6:34 p.m. Conduct the second public hearing on the proposed annexation of a 2.70 -acre tract situated in the Jacob Armstrong Survey, Abstract 2, in Chambers County, Texas. The public hearing was called to order at 6:34 p.m. The property is located east of State Highway 146 and south of the recently annexed Horsepin subdivision. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on August 31, 2004 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Brazos River North South LTD. is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a residential subdivision. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. No one appeared to speak at the public hearing. The public hearing was closed at 6:35 p.m. Conduct the first public hearing on the proposed annexation of 20.36 -acre tract situated in the H. F. Gillette Survey, Abstract 297 in Harris County, Texas. The public hearing was called to order at 6:36 p.m. The proposed annexation includes the adjacent portion of North Main Street. The property is located at the northeast corner of the intersection of North Main Street and East Lynchburg -Cedar Bayou Road. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on August 31, 2004 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Trinity Episcopal Church, through the Protestant Episcopal Church of the Diocese of Texas, is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a church. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearings on the annexation of this tract are being repeated due to a failure to timely begin annexation proceedings after the last public hearings due to the delay in obtaining the survey of the portion of North Main Street being annexed. Page 3 of 25 Minutes of the Regular Session — September 9, 2004 No one appeared to speak at the public hearing. The public hearing was closed at 6:37 p.m. Conduct the second public hearing on the proposed annexation of 20.36 -acre tract situated in the H. F. Gillette Survey, Abstract 297 in Harris County, Texas. The public hearing was called to order at 6:37 p.m. The proposed annexation includes the adjacent portion of North Main Street. The property is located at the northeast comer of the intersection of North Main Street and East Lynchburg -Cedar Bayou Road. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on August 31, 2004 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Trinity Episcopal Church, through the Protestant Episcopal Church of the Diocese of Texas, is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a church. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearings on the annexation of this tract are being repeated due to a failure to timely begin annexation proceedings after the last public hearings due to the delay in obtaining the survey of the portion of North Main Street being annexed. No one appeared to speak at the public hearing. The public hearing was closed at 6:38 p.m. Council Member Sheley moved to consider Item Nos. 34 and 35 next. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider selection of Council Member, District 3. Section 16 of the Charter requires Council to fill a vacancy by a majority vote of the remaining members of the City Council. Mayor Mundinger outlined the procedures to be followed in the nomination and voting. After a person is nominated, the person's name will be placed in a uniform size cylinder and then placed in a box. After nominations cease, the names will be randomly selected from the box and as each name is selected, a vote will be taken. Page 4 of 25 Minutes of the Regular Session — September 9, 2004 Mayor Mundinger opened the floor for nominations. Council Member Sheley nominated Charles Shaffer. Council Member Anderson nominated Lisa Urban. Council Member Renteria nominated Manuel Escontrias. Manuel Escontrias' name was drawn first. The vote follows: For: Council Member Renteria. Against: Council Members Anderson, Mahan, and Murray. Mayor Mundinger. Council Member Sheley abstained. Mr. Escontrias was not elected. Charles Shaffer's name was drawn second. The vote follows: Ayes: Council Members Mahan, Renteria, and Sheley. Nays: Council Members Anderson and Murray. Mayor Mundinger. Mr. Shaffer was not elected. Lisa Urban's name was drawn third. The vote follows: For: Council Members Anderson, and Murray. Mayor Mundinger. Against: Council Members Mahan, Renteria, and Sheley. Ms. Urban was not elected. Council Members made statements of support for candidates. Mayor Mundinger opened the floor for nominations. Council Member Mahan nominated Charles Shaffer. Council Member Murray nominated Lisa Urban. Charles Shaffer's name was drawn first. The vote follows: For: Council Members Mahan, Renteria, and Sheley. Against: Council Members Anderson, Murray. Mayor Mundinger. Mr. Shaffer was not elected. Page 5 of 25 Minutes of the Regular Session — September 9, 2004 Lisa Urban's name was drawn second. The vote follows: For: Council Members Anderson, and Murray. Mayor Mundinger. Against: Council Members Mahan, Renteria, and Sheley. Ms. Urban was not elected. Mayor Mundinger informed Council that this item will be carried over to future meetings until it is resolved and someone is appointed to represent District 3. Administer Oath of Office to the newly appointed Council Member and deliver Certificate of Appointment. No action was taken on this item. Conduct a public hearing on the proposed amendment to the Transportation Thoroughfare Plan of the City of Baytown Comprehensive Plan to eliminate a proposed extension of Battlebell Road, a proposed east/west Collector Street. The public hearing was called to order at 7:01 p.m. The Transportation Thoroughfare Plan of the City of Baytown Comprehensive Plan identifies the extension of Battlebell Road as an east/west Collector Street. Currently Battlebell Road ends at John Martin Road to the east and westerly it stops near Lynchburg Reservoir Canal. After later review of the Transportation Thoroughfare Plan, Battlebell Road is not likely to be extended to the east based on the development of residential subdivisions west and east of Garth Road. These residential developments were in the process of being developed prior to the adoption of the Transportation Thoroughfare Plan. On August 18, 2004 the Planning and Zoning Commission unanimously recommended that the City Council amend the Transportation Thoroughfare Plan of the City of Baytown Comprehensive Plan by eliminating the extension of Battlebell Road as a proposed east/west Collector Street. This amendment will remove the extension of Battlebell Road from John Martin Road to North Main Street from the Transportation Thoroughfare Plan. No one appeared to speak at the public hearing. The public hearing was closed at 7:03 p.m. Consider Proposed Ordinance 040909 -1, amending the Transportation Thoroughfare Plan of the City of Baytown Comprehensive Plan to eliminate a proposed extension of Battlebell Road, a proposed east/west Collector Street. The Transportation Thoroughfare Plan of the City of Baytown Comprehensive Plan identifies the extension of Battlebell Road as an east/west Collector Street. Currently Battlebell Road ends at John Martin Road to the east and westerly it stops near Lynchburg Reservoir Canal. After later review of the Transportation Thoroughfare Plan, Battlebell Road is not likely to be extended to the east based on the development of residential subdivisions west and east of Garth Road. Page 6 of 25 Minutes of the Regular Session — September 9, 2004 These residential developments were in the process of being developed prior to the adoption of the Transportation Thoroughfare Plan. On August 18, 2004 the Planning and Zoning Commission ( unanimously recommended that the City Council amend the Transportation Thoroughfare Plan of the City of Baytown Comprehensive Plan by eliminating the extension of Battlebell Road as a proposed east/west Collector Street. This ordinance will remove the extension of Battlebell Road from John Martin Road to North Main Street from the Transportation Thoroughfare Plan. Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9864 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE TRANSPORTATION THOROUGHFARE PLAN OF THE CITY OF BAYTOWN COMPREHENSIVE PLAN TO ELIMINATE A PROPOSED EXTENSION OF BATTLEBELL ROAD FROM JOHN MARTIN ROAD TO NORTH MAIN STREET, A PROPOSED EAST/WEST COLLECTOR STREET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040909 -2, awarding a contract for Banking Depository Services. This item was not ready for consideration. Consider the actions necessary if Council intends to increase the budgets and the tax rate for Tax Year 2004. Staff does not recommend an increase in the property tax rate for the proposed 2004 -2005 budget. Texas Tax Code, Sections 26.05 and 26.06 require the City Council to consider and vote on a proposed tax rate when the proposed rate exceeds the lower of the roll back rate or 103% of the effective tax rate. The proposed General Fund budget, as presented, does not require a property tax increase and does not exceed 103% of the effective tax rate. If City Council wishes to increase the General Fund budget and adopt a tax rate that is 103% higher than the effective tax rate, this action will be necessary. Additionally, a public hearing on the proposed tax rate would be required and would be held on September 18, 2004 and a special meeting to consider the tax rate on September 27, 2004 would be required to comply with State law and the Charter. Requisite notices would be published in The Baytown Sun giving notice of the public hearing and final vote on the proposed tax rate for Tax Year 2005. Council Member Mahan moved not to increase the budgets and the tax rate for Tax Year 2004. Council Member Renteria seconded the motion. The vote follows: Page 7 of 25 Minutes of the Regular Session — September 9, 2004 Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider Proposed Ordinance No. 040909 -3, adopting the 2004 -2005 City of Baytown Budget. City Manager Jackson informed Council that the 2004 -2005 budget totals $83,921,108, which is a $6,611,731 increase (8.6 %) over the 2003 -2004 budget. The public hearing on the proposed budget was conducted on August 26, 2004. He explained that the technical adjustments made in the budget since the public hearing held on August 26 were related to employee compensation. He said that there are approximately 442 non -Civil Service positions, approximately 126 positions in the Police Department Step Plan, and approximately 85 positions in the Fire Department Step Plan. He noted that the non -Civil Service Plan is based on grades, rather than steps, the grades have minimum and maximum salaries, that jobs are assigned to grades based on job content and market value, that there is a 2.5% separation between grades, and employees enter and move through the grades based on experience and tenure. In the Police Department Step Plan (Civil Service only), the salary structure and actual pay is based on steps. For a Patrol Officer there are 13 steps, each representing one year of service. For a Sergeant, Lieutenant, or Captain there are 4 steps respectively: 1-4 years, 5 -9 years, 10 -14 years, and 15 years or more. In the Fire Department Step Plan (Civil Service only), the salary structure is based on steps and compensation is currently part of contract negotiations in the Collective Bargaining process. Mr. Jackson said that staff is proposing a two -pay grade increase (5 %) in the salary structure for non - Civil Service employees to move the overall ranges closer to market, and a 4% market adjustment for non -Civil Service employees, effective January 1, 2005. This would apply to full and part -time exempt and non - exempt positions. A 4% market adjustment is proposed for Police Civil Service salaries, effective January 1, 2005, which would replace the previously proposed tier adjustments and certification pay increases. For Fire Department Civil Service employees, compensation is determined through the collective bargaining process, and compensation is currently under negotiation. Mr. Jackson explained that the cost of the original salary increases across all funds in the City Manager's budget was $577,555. The cost of the revised salary increases across all funds in $811,118, an increase of $233,563. The additional General Fund cost is $150,000, funded by an expected $80,000 in additional revenues, $20,000 in savings in budgeted audit services, and a $50,000 reduction in electrical service cost estimates. The additional Water and Sewer Fund cost is $25,000, funded by $11,000 in budgeted audit services and $14,000 in reductions and cost savings. Other smaller funds will absorb the additional cost within their proposed budgets. General Fund $45,259,842 General Debt Service Fund $10,687,307 Hotel/Motel Fund $583,648 Water & Sewer Fund $22,461,245 Sanitation Fund $3,054,443 Storm Water Fund $358,281 Central Services Fund $1,516,342 Total $83,921,108 Page 8 of 25 Minutes of the Regular Session — September 9, 2004 Mr. Jackson said that the budget contained an additional $30,000 for an updated compensation study to determine "position against market" and the funding necessary to reach the "position against market" (50"' desired. Alison Froehlich - Smith, Human Resources Director, explained that salaries are currently determined by the use of benchmarks and data obtained from the Texas Municipal League. She said the proposed study would be more comprehensive. Mr. Jackson expressed concern about bringing all employees to market. Such action would result in new employees being paid the same as veteran employees. The following persons registered to speak to Council concerning the proposed 2003 -2004 City of Baytown Budget and yielded their time to Mike Holden: Keith Dougherty and Daniel Woolcock. Mike Holden, 3200 N. Main Mike Holden addressed Council regarding the adjustment of Police compensation on behalf of the Baytown Municipal Police Association. He supported the suggestions made by staff to bring employees' salaries to market and requested a parallel comparison. He requested that efforts be made to bring salaries to market by the next budget year. Tim Lancon. 709 Northbend Tim Lancon thanked Council for the 4% increase for non -Civil Service employees. Mayor Mundinger thanked Council and all City departments for working through the difficult and time - consuming budget process. Consider Proposed Ordinance No. 0409094, setting the tax rate for General Fund Maintenance and Operations and Debt Service for the 2004 -2005 fiscal year. Proposed Ordinance No. 040909 -4 sets the rate for General Fund Maintenance and Operations for the 2004 -2005 fiscal year at $0.45700 per $100 of value. This ordinance will set the rate and tax levy for Debt Service at $0.28003 per $100 of value. The total tax rate proposed is $0.73703 per $100 of value. The tax rate has remained unchanged since the 1992 tax year. Consider Proposed Ordinance No. 040909 -5, adopting the Baytown Area Water Authority Budget for 2004 -2005. The Baytown Area Water Authority budget totals $6,118,962. The budget was reviewed and approved by the Baytown Area Water Authority Board of Directors on August 18, 2004. Consider Proposed Ordinance No. 040909 -6, establishing twenty -year retirement for City employees. Section 854.202(8) of the Texas Government Code was amended in 1995 to allow municipalities to provide its employees an option to retire and receive service retirement benefits if the employee has at least 20 years of credited service in the Texas Municipal Retirement System ( "TMRS'). An actuarial analysis of member retirement annuities at 20 years of service has been prepared and a public hearing on this option was held on August 26, 2004. Page 9 of 25 Minutes of the Regular Session — September 9, 2004 All who spoke at the public hearing favored the 20 -year retirement option. Additionally, approximately, 75% of the municipalities of a population of 50,000- 100,000 have adopted 20 -year retirement for their employees. Twenty -year retirement should enable the City to remain competitive with other cities in its recruiting efforts to retain its employees. This matter has been discussed during the budget work sessions. Consider Proposed Ordinance No. 040909 -7, amending Chapter 98 "Utilities," Article III "Water Service," Section 98 -59 "Rates," Subsection (A)(1) "Rate Table" Subsection (F) "Service For Property Outside the City," and Subsection (G) "Volume Users" of the Code of Ordinances of the City of Baytown, Texas, to increase water rates; Amending Chapter 98 "Utilities," Article IV "Sewer Service," Section 98 -91 "Sewer Service Charge," Subsection (A) "Rate Schedule" and Subsection (F) "Volume Users "; and Section 98 -92 "Charge Four Users Without Water or Outside City," Subsection (B) "Users Outside City Limits" of the Code of Ordinances of the City of Baytown, Texas, to increase sewer rates. Proposed Ordinance No. 040909 -7 amends Chapter 98 "Utilities," Article III "Water Service," Section 98 -59 "Rates," Subsection (A)(1) "Rate Table" Subsection (F) "Service For Property Outside the City," and Subsection (G) "Volume Users" of the Code of Ordinances of the City of Baytown, Texas, to increase water rates; Amending Chapter 98 "Utilities," Article IV "Sewer Service," Section 98 -91 "Sewer Service Charge," Subsection (A) "Rate Schedule" and Subsection (F) "Volume Users "; and Section 98 -92 "Charge Four Users Without Water or Outside City," Subsection (B) "Users Outside City Limits" of the Code of Ordinances of the City of Baytown, Texas, to increase sewer rates. Water and sewer rates are being raised primarily to cover the cost of the proposed bond sale in the Spring of 2005. Water: Inside City Base Rate — from $8.18 to $8.83 (includes first 2, 000 gallons) Inside City Consumption Rate - from $3.10 to $3.35 per 1,000 gallons of water used Volume User Rate — from $1.94 to $2.19 per 1,000 gallons of water used Outside City Base Rate — from $15.68 to $17.66 (includes first 2, 000 gallons) Outside City Consumption Rate - from $4.65 to $5.03 per 1,000 gallons of water used Sewer: Inside City Base Rate — from $8.18 to $8.83 (includes first 2, 000 gallons) Inside City Consumption Rate - from $2.90 to $3.18 per 1,000 gallons of water used, with the cap of 12,000 gallons on residential usage. Outside City Base Rate — from $15.68 to $17.66 (includes first 2, 000 gallons) Outside City Consumption Rate - from $4.35 to $4.77 per 1,000 gallons of water used (no cap) The new rates will become effective October 1, 2004. Consider Proposed Ordinance No. 040909 -8, awarding the renewal of the annual animal responsibility agreement to the Houston Humane Society. Proposed Ordinance No. 040909 -8 awards the renewal of the annual animal responsibility agreement to the Houston Humane Society in the amount of $27,600. The City currently pays $12.00 per animal for care, adoption, and/or disposal. This annual agreement has successive renewal periods. The Houston Humane Society has submitted written confirmation for renewal of the existing animal responsibility agreement. Council Member Anderson moved approval of Proposed Ordinance Nos. 040909 -03, as revised with all technical adjustments, through 040909 -08. Council Member Murray seconded the motion. The vote follows: Page 10 of 25 Minutes of the Regular Session — September 9, 2004 Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9865 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005, IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 9866 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING THE RATE AND TAX LEVY FOR GENERAL FUND MAINTENANCE AND OPERATION AND DEBT SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9867 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30,2005; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9868 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(G) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9869 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98 -59 "RATES," SUBSECTION (A)(1) "RATE TABLE" SUBSECTION (F) "SERVICE FOR PROPERTY OUTSIDE THE CITY," AND SUBSECTION (G) "VOLUME USERS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO INCREASE WATER RATES; AMENDING CHAPTER 98 "UTILITIES," ARTICLE IV "SEWER SERVICE," SECTION 98 -91 "SEWER SERVICE CHARGE," SUBSECTION (A) "RATE SCHEDULE" AND SUBSECTION (F) "VOLUME USERS"; AND SECTION 98 -92 "CHARGE FOR USERS WITHOUT WATER OR OUTSIDE CITY," SUBSECTION (B) "USERS OUTSIDE CITY LIMITS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO INCREASE SEWER RATES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 11 of 25 Minutes of the Regular Session — September 9, 2004 ORDINANCE NO. 9870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF HOUSTON HUMANE SOCIETY FOR THE ANNUAL ANIMAL RESPONSIBILITY AGREEMENT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -SEVEN THOUSAND SIX HUNDRED AND N01100 DOLLARS ($27,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider proposed Ordinance No. 040909 -20, amending Chapter 42 "Health and Sanitation," Article III "Smoking," Section 42 -96 "Definitions" and Section 42 -97 "Administration," Subsection (b) of the Code of Ordinances, City of Baytown, Texas, to modify the definition of "designated smoking area" in order to decrease the requirements for certain eating establishments in existing facilities and to provide the City Council the authority to waive provisions of the article upon enumerated findings. Proposed Ordinance No. 040909 -20 amends Chapter 42 "Health and Sanitation," Article III "Smoking," Section 42 -96 "Definitions" and Section 42 -97 "Administration," Subsection (b) of the Code of Ordinances, City of Baytown, Texas, to modify the definition of "designated smoking area" in order to decrease the requirements for certain eating establishments in existing facilities and to provide the City Council the authority to waive provisions of the article upon enumerated findings. Currently, an eating establishment desiring to allow smoking in its facility may designate a smoking area which: (1) cannot exceed 50 percent of the total number of seats available in the seating area, and (2) cannot exceed 50 percent of the net floor area. The proposed ordinance would allow an eating establishment that will operate in a building existing on the effective date of the ordinance, which has not been operated as a restaurant facility within 12 months prior to its submission of plans and specifications, to meet only one of the two requirements reference above. Similarly the proposed ordinance would likewise require a restaurant facility existing on the on the effective date of the ordinance (September 19, 2004), which operates as a completely non - smoking facility to meet only one of the two requirements referenced above. The last change proposed in the ordinance would allow the City Council, instead of the Director of Health, to modify the requirements of the smoking ordinance if there are compelling reasons to do so and the waiver will not significantly affect the health and comfort of nonsmokers. Mr. Jackson stated the proposed revisions are very narrow. The changes do not relate to a specific building, rather, they are intended to apply to all existing buildings that were not designed for the terms of the ordinance and the physical arrangement of the buildings prohibit designating a smoking area. Currently, the ordinance provides that a designated smoking area may not exceed either 50% of the net floor area or 50% of the number of seats (allowable seating per the Fire Code). The proposed changes will apply to a building that has not been used as a restaurant for the last 12 months and to a building that has been totally non - smoking for the last 12 months. If these conditions were met, the building would be required to meet only one of the two requirements related to net floor area or the number of seats. The other change in the proposed ordinance is to have requests for waivers heard by City Council rather than the Health Director. Generally an independent board determines waivers and variances, not the enforcement officer. Page 12 of 25 Minutes of the Regular Session — September 9, 2004 The following person registered to speak to Council concerning the proposed ordinance and yielded her time to Laurie Sturdevant: Julie DeTorre. Laurie SturdevanL 4401 Garth Road, Apt. 36 Laurie Sturdevant asked that Council defer the vote until more data could be obtained and more discussion had taken place. M. A. Bengston, San Jacinto Methodist Hospital M. A. Bengston requested that Council not change the ordinance. Council Member Anderson said that the original ordinance was developed after much public input and debate. He expressed his opposition to variances. Council Member Murray stated that there had been insufficient time to consider these changes to the ordinance and moved to postpone the item to the first regular meeting in October in order to obtain additional information. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson and Murray. Mayor Mundinger. Nays: Council Members Mahan, Renteria, and Sheley. The motion failed. There was further discussion regarding the impact of the ordinance on the use of the restaurant building on Bayland Island and the history of the passage of the original ordinance. Council Member Anderson moved to postpone consideration of the ordinance to the next regular meeting on September 23, 2004. Council Member Sheley seconded the motion. Council Member Anderson noted that a person allergic to cigarette smoke cannot sit near a smoking section because of the smoke permeation. Mike Lester, Director of Health, informed Council that this is a policy -driven ordinance and he agreed that Council should have the power to determine waivers and variances, rather than the enforcement officer. The vote follows: Ayes: Council Members Anderson, Murray, and Sheley. Mayor Mundinger. Nays: Council Members Mahan and Renteria. The motion carried. Page 13 of 25 Minutes of the Regular Session — September 9, 2004 Receive the six -month audit on the Parks and Recreation Department's facility rentals for the 18- month period ended March 31, 2004. The Finance Committee reviewed this information on August 31, 2004. The City of Baytown selected one of its departments for auditing to verify the efficiency and controls within the operations. The independent auditing firm of Tiller and Company, PA provided review of the operations. Mark Tiller, of Tiller and Company presented the report. He said the audit examined the accounting controls and issues in the Parks and Recreation Department. The report outlined concerns and management's response. Receive Financial Statements and Management Letter for the Harris County Organized Crime and Narcotics Task Force for the grant year ended May 31, 2004. Tiller and Company PA, a public accounting firm, conducted the independent audit of the financial statements. The report was reviewed with the City Council Finance Committee on August 31, 2004. Mark Tiller presented the report of the Comparative Statements of Revenues and Expenditures for the year ended May 31, 2004 to Council. He stated that there were neither findings of noncompliance nor issues of internal control. Mark Tiller, of Tiller and Company, explained that there were not many changes in the revenues and expenditures, that personnel had been added, and that other entities are contributing to the program. Consider Proposed Ordinance No. 040909 -9, adopting the Downtown Master Plan Area One The Downtown Master Plan (the "Plan") intends to create a new image and sense of identity for Downtown Baytown. The Plan was developed through a detailed analysis of the Downtown and public input. In the course of interviews and public meetings, the community shared their perceptions of the opportunities and constraints of the area and their vision for the future of Downtown Baytown. The overall Framework for the Plan is to establish the matrices by which to enhance, develop, integrate, and grow the necessary systems to ensure a vital community. The Plan was developed with a phased plan for implementation, including public and private partnership opportunities. The framework plan is grounded in the proven premise that livability is important to Downtown's economic health. Council Member Murray moved to receive the Downtown Master Plan. Council Member Anderson seconded the motion. There was discussion regarding the verbiage of `adopt' as opposed to `accept' or `receive.' Concerns were expressed that to adopt the plan could conceivably obligate the City to spend the $10.5 million as outlined in the Plan. City Manager Jackson stated that, while the City would not be legally bound to spend the funds, such a public perception could be construed. Gregory Stubbs, Director of Planning and Building Services, stated that the Plan is open -ended and the action plan is not assigned to any particular entity. Mr. Jackson suggested that Council could adopt the Plan in a conceptual sense. Mayor Mundinger noted that proponents of the Downtown Master Plan would prefer that Council adopt the Plan. He said doing so would not obligate the City to expend the $10.5 million. Council Member Murray withdrew his motion. Page 14 of 25 Minutes of the Regular Session — September 9, 2004 Council Member Mahan moved to adopt the Downtown Master Plan. Council Member Sheley seconded the motion. Council Member Mahan amended his motion to adopt the Downtown Master Plan without obligating the City to expend any funds, except for those due the consultant. Council Member Sheley withdrew his second. Council Member Mahan moved to adopt the Downtown Master Plan. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9871 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE DOWNTOWN MASTER PLAN AREA ONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040909 -10, authorizing an interlocal agreement with the Municipal Development District to provide funding for the renovation and expansion of the Sports Complex. Proposed Ordinance No. 040909 -10 authorizes an interlocal agreement with the Municipal Development District to provide additional funding for the renovation and expansion of the Wayne Gray Sports Complex. The agreement will be effective October 1, 2004. The proposed interlocal agreement is on the same, or very similar terms, as previous interlocal agreements. The interlocal agreement provides up to $575,000 for two "add - alternates" and for construction management for the Renovation and Expansion of the Wayne Gray Sports Complex project. The additional funding will allow for a change order to add a 60 -foot x 100 -foot covered open -air pavilion and an additional 102 -space parking lot. These items were part of the original bid tabs. The additional funding will also allow up to $75,000 for Construction Management. The Rotary Club of Baytown has pledged $20,000 towards the construction of the pavilion. Consider Proposed Ordinance No. 040909 -11, awarding Change Order Number 1 for additional parking and a pavilion as part of the construction of the renovation and expansion of the Wayne Gray Sports Complex. Proposed Ordinance No. 040909 -11 awards Change Order Number 1 to Morganti Texas, Inc., in the amount of $418,000 for a 60 -foot x 100 -foot covered open -air pavilion and an additional 102 -space parking lot. These items were "add- alternates" as part of the original bid tabs. The additions are part of the construction of the renovation and expansion of the Wayne Gray Sports Complex. The change order will be effective October 1, 2004. The change order will add two major components to the project that was not added when the project was awarded in June because of funding. With the Municipal Development District providing additional funding on October 1, 2004, the two needed improvements can now be funded. An additional 102 space parking area will be built near North Main allowing plenty of parking for the new 4 -field adult complex. A large 60 x 100 foot pavilion will also be added with this change order. The Rotary Club of Baytown pledged $20,000 toward the construction of the pavilion. The MDD board provided funding for these additions at the September 2, 2004 meeting. Page 15 of 25 Minutes of the Regular Session — September 9, 2004 Consider Proposed Ordinance No.040909 -12, awarding a contract for professional services with de Oplossing, Inc. Proposed Ordinance No. 040909 -12 awards a professional services contract in the amount of $68,827 to de Oplossing, Inc. for construction management services during the renovation and expansion of the Wayne Gray Sports Complex. Compensation for providing construction management services will be for a total fee of not to exceed $68,827. The total compensation includes a reimbursable budget up to $3,277 and the basic services component is $65,550. This work is necessary to ensure quality assurance and control during the project. The scope of work includes construction inspection and surveillance to ensure compliance with the plans and specifications. It also includes implementation of project controls, such as review of pay requests and documentation of project progress. If necessary, de Oplossing, Inc. will also perform change order review to include project closeout monitoring. This project will be funded with Municipal Development District funds and will be effective on October 1, 2004. Council Member Murray moved adoption of Proposed Ordinance Nos. 040909 -10, 040909 -11, and 040909 -12. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9872 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 THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN TO PROVIDE ADDITIONAL FUNDING FOR ADDITIONAL IMPROVEMENTS TO AND CONSTRUCTION MANAGEMENT SERVICES FOR THE WAYNE GRAY SPORTS COMPLEX PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9873 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH MORGANTI, TEXAS FOR THE RENOVATION AND EXPANSION OF THE WAYNE GRAY SPORTS COMPLEX; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FOUR HUNDRED EIGHTEEN THOUSAND AND NO 1100 DOLLARS ($418,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9874 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 DE OPLOSSING, INC., FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE WAYNE GRAY SPORTS COMPLEX PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY -EIGHT THOUSAND EIGHT HUNDRED TWENTY -SEVEN AND NO /100 DOLLARS ($68,827.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 16 of 25 Minutes of the Regular Session — September 9, 2004 Consider Proposed Resolution No. 040909 -1, approving the Investment Policy and Strategy of the City in compliance with the Public Funds Investment Act. This item was not ready for consideration. Consider Proposed Ordinance No. 040909 -13, authorizing the approval of rate changes for Baytown Community Center and Wayne Gray Center facilities. In the spring of 2003 the Parks and Recreation Advisory Board and the City Council approved a rate increase for the rental of Roseland and Jenkins Pavilions, the Bicentennial Park Amphitheater and the Sports Complex Softball fields. The second phase of the proposed rate increase included the Community Center and the Wayne Gray Center; however, because of the pending renovations to the Community Center, staff delayed the phase until we were ready to re -open the building. With the Center ready to re -open in October we proposed the attached rate increases. The new rates, as discussed in the work session, will include an increase of the deposit for both the Wayne Gray Center and the Community Center Auditorium. They will also include the setup and cleanup of the facility that was formerly an option for the renter. The increased use of these facilities and the services provided for private rentals, meetings, and seminars, made it necessary for us to increase the rates for such services to better cover the City's expenses and equipment replacement/repair. Because of the heavy use and frequent repairs of the equipment, we also propose an increase in the rates for the rental of equipment such as the TVNCR and PA System. The rates were discussed during a Council work session on August 26, 2004. The Parks and Recreation Advisory Board approved the changes at the August 5, 2004 meeting. Council Member Anderson moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9875 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING NEW FEES FOR THE RENTAL OF THE BAYTOWN COMMUNITY CENTER AND THE WAYNE GRAY SPORTS CENTER FACILITIES FOR NON -CITY SPONSORED EVENTS; REPEALING CONFLICTING ORDINANCES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040909 -2, granting consent to the inclusion of 119.7247 acres into Lake Municipal Utility District located within the extraterritorial jurisdiction of the City. Proposed Resolution No. 040909 -2 grants Lake Municipal Utility District's petition for the inclusion of 119.7247 acres into its District. Texas Local Government Code, Section 42.042 provides that a district that supplies fresh water or furnishes sanitary sewer services may not be created (or expanded) in the extraterritorial jurisdiction of a municipality without the consent of the municipality. Page 17 of 25 Minutes of the Regular Session — September 9, 2004 The conditions placed on this expansion are similar to the consents the City has granted for the creation of other MUDs. The primary distinctions in this consent are: This is an expansion of an existing MUD (as opposed to a creation), and The provision of wastewater service is specifically excluded. The Board of Directors of Lake MUD has presented a petition requesting that the City grant its consent to the expansion of Lake MUD by its inclusion of an additional 119.7247 acres. The area proposed for the expansion is within the City's extraterritorial jurisdiction. Consent to the proposed expansion is only an authorization to initiate proceedings to expand the district. The City of Baytown provides wastewater treatment for the current MUD area by contract. The MUD has been notified that the City will not provide wastewater treatment for the additional area. The MUD purchases water from BAWA. Council Member Renteria left the meeting at 8:40 p.m. Council Member Anderson moved adoption of the proposed resolution. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 119.7247 ACRES OF LAND, MORE OR LESS, WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, IN LAKE MUNICIPAL UTILITY DISTRICT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040909 -3, denying the request of H.C. Crosby, L.P., for an exemption from ad valorem taxation concerning low income housing in the 6800 -6900 block of North Main and authorizing the City Manager to oppose and deny the application. Proposed Resolution No. 040909 -3 opposes an application filed with the Texas Department of Housing and Community Affairs for construction of low income tax exempt property within the City of Baytown. Newly amended State Property Tax Code Section 11.1825 provides for property tax exemption of low - income housing designated sites. This new section allows tax entity's governing bodies in counties with a population exceeding 1.4 million to deny exemption status from the tax rolls. This resolution and recommended action is the first step to position the City to deny the property tax exemption on the basis of the terms in Code Section 11.1825(x)(3)(A). The taxing unit cannot afford the loss of ad valorem tax revenue that would result from approving the exemption. Council Member Murray moved adoption of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 18 of 25 Minutes of the Regular Session — September 9, 2004 RESOLUTION NO. 1676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DENYING THE REQUEST OF H.C. Crosby, L.P., FOR AN EXEMPTION FROM AD VALOREM TAXATION PURSUANT TO SECTION 11.1825 OF THE TEXAS TAX CODE CONCERNING THE CONSTRUCTION OR REHABILITATION OF LOW - INCOME HOUSING AT the Southeast corner of I -10 and NORTH Main Street in the 6800 -6900 block of North Main Street, Baytown, Harris County, Texas; DIRECTING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION TO OPPOSE AND DENY THE APPLICATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 0409094, denying the request of TX Garth Housing, L.P., for an exemption from ad valorem taxation concerning low income housing at the southeast corner of Garth Road and Hunt Road and authorizing the City Manager to oppose and deny the application. Proposed Resolution No. 040909 -4 opposes an application filed with the Texas Department of Housing and Community Affairs for construction of low income tax exempt property within the City of Baytown. Newly amended State Property Tax Code Section 11.1825 provides for property tax exemption of low - income housing designated sites. This new section allows tax entity's governing bodies in counties with a population exceeding 1.4 million to deny exemption status from the tax rolls. This resolution and recommended action is the first step to position the City to deny the property tax exemption on the basis of the terms in Code Section 11.1825(x)(3)(A). The taxing unit cannot afford the loss of ad valorem tax revenue that would result from approving the exemption. Council Member Murray moved adoption of the proposed resolution. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1677 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DENYING THE REQUEST OF TX GARTH HOUSING, L.P., FOR AN EXEMPTION FROM AD VALOREM TAXATION PURSUANT TO SECTION 11.1825 OF THE TEXAS TAX CODE CONCERNING THE CONSTRUCTION OR REHABILITATION OF LOW -INCOME HOUSING AT THE SOUTHEAST CORNER OF GARTH ROAD AND HUNT ROAD, BAYTOWN, HARRIS COUNTY, TEXAS; DIRECTING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION TO OPPOSE AND DENY THE APPLICATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Renteria returned to the meeting at 8:42 p.m. Page 19 of 25 Minutes of the Regular Session — September 9, 2004 Consider Proposed Ordinance No. 040909 -14, authorizing a Cooperative Agreement with Harris County to participate in the HOME Investment Partnership Act Grant Program. Proposed Ordinance No. 040909 -14 authorizes a Cooperative Agreement with Harris County to participate in the HOME Investment Partnership Act Grant Program. Harris County is inviting the City of Baytown to participate in their HOME Investment Partnership Act Grant (HOME) Program as a potential subrecipient of funds. HOME funds are federal housing funds made available through the Department of Housing and Urban Development (HUD) to larger cities, counties, and states on an entitlement basis. The HOME Program provides funding to expand and strengthen the supply of decent and affordable housing for low- income households. HOME funds can be used for owner- occupied rehabilitation, homebuyer assistance, multi - family rental projects, and tenant -based rental assistance. Council Member Mahan moved adoption of the proposed resolution. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9876 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK ATTEST TO A COOPERATIVE AGREEMENT WITH HARRIS COUNTY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIP ACT GRANT PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040909 -15, approving a professional services agreement to conduct the required audit of the City's finances for the fiscal years ending September 30, 2004, 2005, and 2006. Proposed Ordinance No. 040909 -15 approves a professional services agreement, at a fee of $176,511 for the initial three -year period, with Sandersen, Knox & Belt, L.L.P., to conduct the required audit of the City's finances for the fiscal years ending September 30, 2004, 2005, and 2006. Five proposals were received and were narrowed down to include local and regional firms with municipal auditing experience. The Finance Committee interviewed three firms and recommends Sandersen, Knox & Belt, L.L.P. The agreement contains the option to renew for an additional three -year period. Page 20 of 25 Minutes of the Regular Session — September 9, 2004 The fees for providing the auditing services are as follows: Harris County $ 34,700 Organized Crime BAWA Financial Single Six -Month & Narcotics Financial Audit Audit Audit Audit Audit Year 09/30 09/30 03/31 05/31 09/30 Total 2004 $ 34,700 $ 6,253 $ - $ - $ 4,478 $ 45,431 2005 S 36,088 $ 6,503 $ 5,115 $ 5,999 $ 4,657 $ 58,362 2006 $ 37,532 $ 6,763 $ 5,320 $ 6,239 $ 4,843 $ 60,697 2007 $ - $ - $ 5,532 $ 6,489 $ - $ 12,021 Totals $108,320 $ 19,519 $ 15,967 $ 18,727 $ 13,978 $ 176,511 Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9877 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL AUDITING SERVICES WITH SANDERSEN, KNOX & BELT, L.L.P.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FIFTY -SIX THOUSAND FIVE HUNDRED FORTY -FIVE AND NO 1100 ($56,545.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040909 -16, continuing the engagement of Robert Renbarger of Fritz, Byrne, Head & Harrison, L.L.P., for the performance of legal services to oppose the development of a proposed non - hazardous solid waste landfill to be located in Chambers County. Proposed Ordinance No. 040408 -16 continues the engagement of Robert Renbarger of Fritz, Byrne, Head and Harrison, L.L.P., for the performance of legal services regarding the development of a proposed non - hazardous solid waste landfill to be located in Chambers County by TSP Development, Ltd. Mr. Robert Renbarger has represented the City since 2001 in the Texas Natural Resource Conservation Commission's proceedings concerning TSP's solid waste, water quality and air permit applications. He also represented Chambers County and the Informed Citizens United in their efforts to oppose the contemplated landfill. The City has spent $137,767.68 to date in attempts to defeat the required permits which TSP sought to obtain. Because of the commencement of some anticipated hearings of the State Office of Administrative Hearings and the Texas Commission on Environmental Quality regarding the TSP Development, Ltd. Landfill, the City again wishes to obtain his services to continue to fight the proposed development. Mr. Renbarger anticipates approximately $20,000 will be needed to continue his efforts against TSP. Page 21 of 25 Minutes of the Regular Session — September 9, 2004 Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9878 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINUING THE ENGAGEMENT OF ROBERT RENBARGER OF FRITZ, BYRNE, HEAD & HARRISON, L.L.P., FOR THE PERFORMANCE OF LEGAL SERVICES TO OPPOSE THE CONSTRUCTION, DEVELOPMENT, AND OPERATION OF A NON - HAZARDOUS SOLID WASTE LANDFILL TO BE LOCATED IN CHAMBERS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040909 -17, consenting to the sublease of the leased premises at Bayland Island by Bayland Island Development, L.C., to Bayland Island Beverage, Inc. On February 12, 2004, the City Council entered into a Lease of Premises Agreement with Angel Brothers Enterprises, Ltd.for the property on which the structure formerly used as a restaurant is located. Thereafter on August 12, 2004, the City Council authorized an assignment and sublease of the property to Bayland Island Development, L.C. Bayland Island Development, L.C., desires to enter into and grant a sublease of the property to Bayland Island Beverage, Inc., for the purpose of selling food, alcoholic beverages and related items. In order for such sublease to take effect, the City Council must approve the same. In the proposed consent to sublease, Bayland Island Beverage, Inc., is required to abide by all of the terms and conditions of the Lease of Premises while Bayland Island Development, L.C., acknowledges that the sublease does not relieve it of any of the terms and conditions contained in the Lease of Premises. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9879 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONSENTING TO THE SUBLEASE OF THE LEASED PREMISES AT BAYLAND ISLAND; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONSENT TO SUBLEASE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 22 of 25 Minutes of the Regular Session — September 9, 2004 Consider Proposed Ordinance No. 040909 -18, accepting Ohio Street and Ashwood Drive as 100% complete and to release the retainage for the 2001 Street Bond Project — Phase I. Proposed Ordinance No. 040909 -18 accepts Ohio Street and Ashwood Drive as 100% complete and authorizes the release of the retainage in the amount of $16,329.96 to D &W Contractors, Inc. for the 2001 Street Bond Project — Phase I. Under section 7.05 of the standard form of agreement in the contract, it stipulates that the City is to release the retainage for an individual street once the owner accepts the street. The owner shall pay the balance for such street after final completion of such street. Please note that the one -year warranty period for the above - mentioned streets begins upon acceptance of this ordinance. The scope of work included street reconstruction and replacement of the existing pavement with reinforced concrete. There was also some reconstruction and replacement of the affected sanitary sewer lines, water lines, and storm sewers. The project was funded by the 2002 General Obligation Bonds. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9880 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING OHIO STREET AND ASHWOOD DRIVE OUT OF THE 2001 STREET BOND PROJECT - PHASE I AS BEING FINALLY COMPLETE; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTEEN THOUSAND THREE HUNDRED TWENTY -NINE AND 96/100 DOLLARS ($16,329.96) FOR SUCH STREETS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040909 -19, approving Change Order No. 1 approving final payment of retainage, and accepting the East Greenwood Drive Water and Sewer Extension project at Cedar Crossing Industrial Park. Proposed Ordinance No. 040909 -19 approves deduct Change Order No. 1 to adjust final quantities, approves final payment of retainage in the amount of $7,892 to Dan's Plumbing, Inc., and accepts the East Greenwood Drive Water and Sewer Extension project at Cedar Crossing Industrial Park. The original contract was awarded to Dan's Plumbing, Inc. for $97,650 and the contract duration was 45 calendar days. Eight days were added for rain delays for an adjusted contract duration of 53 calendar days. Change Order No. 1 is a balancing change order and reduces the final contract amount by $18,730 to $78,920, which represents a 19% cost savings. The cost savings was largely due to an adjustment of final quantities on various bid items. The contractor finished installation of the water and sewer lines in the allotted time and the workmanship was satisfactory. Council Member Renteria moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Page 23 of 25 Minutes of the Regular Session — September 9, 2004 Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9881 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCT CHANGE ORDER NO. 1 WITH DAN'S PLUMBING, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE EAST GREENWOOD DRIVE WATER AND SEWER EXTENSION PROJECT AT CEDAR CROSSING INDUSTRIAL PARK; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVEN THOUSAND EIGHT HUNDRED NINETY -TWO AND N01100 DOLLARS ($7,892.00) TO DAN'S PLUMBING, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approving plans and specifications for the Steinman Sanitary Sewer Rehabilitation Project, Phase I, and authorize advertisement for bids. Because of the different construction techniques required, this project will be constructed in two phases. The scope of work includes the construction of 4800 linear feet of sanitary sewer lines in the Steinman Lift Station service area utilizing the open cut method. The estimated construction cost for the project, which includes a ten percent contingency, is $750,000. The design for Phase II of this project has been completed by the consultant and that project will bid after Phase I is completed. Phase H will include approximately 8300 linear feet of pipe replacement by the pipe bursting method. The allotted construction duration for Phase I of the project is 200 calendar days. Council Member Renteria moved approval of plans and specifications for the Steinman Sanitary Sewer Rehabilitation Project, Phase I and authorization for advertisement for bids. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Announcement of the Mayor's appointment to the City Council Finance Committee and Chairperson of the City Council Finance Committee. Council Member Anderson moved appointment of Mayor Calvin Mundinger to the City Council Finance Committee. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 24 of 25 Minutes of the Regular Session — September 9, 2004 Mayor Mundinger announced that he had appointed Council Member Anderson as Chairperson of the City Council Finance Committee. Announcement of the Mayor's appointment of an ad -hoe Council Committee to discuss, review, and consider providing a recommendation regarding Municipal Judge(s). Mayor Mundinger requested approval of his appointment of himself, and Council Members Mahan and Sheley to the ad -hoc Council Committee on Municipal Judge(s). Council Member Murray moved appointment of Mayor Mundinger, and Council Members Mahan and Sheley to the ad -hoc Council Committee to discuss, review, and consider providing a recommendation regarding Municipal Judge(s). Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Mayor Mundinger reminded Council that the current judges' contracts expire at the end of September, so the committee must work quickly. He noted that an extension of the current contracts might be necessary. City Manager's Report. City Manager Jackson announced that the City had received an American Planning Award Honorable Mention for the Downtown Master Plan. Conduct hearing on request for waiver related to the Smoking Ordinance. No action was taken on this item. Consider action on request for waiver related to the Smoking Ordinance. No action was taken on this item. Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 25 of 25 Minutes of the Regular Session — September 9, 2004 There being no further business, the meeting adjourned at 8:55 p.m. Gdry Smith City Clerk