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.
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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.
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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