2004 12 09 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 9, 2004
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on December 9, 2004, at
6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance:
Ronnie Anderson
Council Member
Sammy Mahan
Council Member
Don Murray
Council Member
Mercedes Renteria III
Council Member
Scott Sheley
Council Member
Calvin Mundinger Mayor
Gary M. Jackson
City Manager
Bob Leiper
Deputy City Manager
Ignacio Ramirez, Sr.
City Attorney
Gary W. Smith
City Clerk
The meeting was opened with a quorum present and Council Member Sheley led the pledge of
allegiance and offered the invocation. Mayor Mundinger recognized former Council Members
Coleman Godwin and Perry Simmons and ExxonMobil Refiner of the Year, Margie Hartrick,
after which the following business was conducted:
Consider approval of minutes of the work session and special meeting held on November
23, 2004.
Council Member Mahan moved approval of the minutes of the work session and special meeting
held on November 23, 2004. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
Council Member Murray abstained.
The motion carried.
Citizen communications:
Juan A. Escalante, 409 Clyde, and Jared Martine, 110 Gresham, representing Youth
Empowerment Citizen Schools, addressed Council concerning the construction of a skatepark.
They requested authorization to use Duke Hill Park and funding in the amount of $30,000 for
equipment for the skatepark. They informed Council that Harris County Commissioner Sylvia
Garcia had also been contacted to support the project and provide funding.
Page 2 of 22
Minutes of the Regular Session — December 9, 2004
Randy Strong, 4710 Spring Lane, asked that Council support the construction of a skatepark.
Mayor Mundinger stated that he would meet with Commissioner Garcia to discuss the
possibility.
Conduct the first public hearing on the proposed annexation of a 30.374 -acre tract situated
in the W.C.R.R. Company Survey Number 1, Abstract 899, located north of Archer Road
and west of Garth Road in Harris County, Texas.
The public hearing was called to order at 6:44 p.m.
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 November 26, 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.
SMD #1, Ltd., is requesting annexation as a prerequisite to receiving City services. The property
is proposed for development as multifamily housing with a commercial reserve (Rosemont at
Garth). 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.
Crain Alter, 7520 Longview, No. 314, Austin, Texas
Mr. Alter, the Vice - President of Southwest Housing Development, informed Council that a 250 -
unit affordable housing apartment complex was planned for this property. He stated that there
will be no application for property tax exemption from the City, although the company will
petition Harris County for an exemption.
The public hearing was closed at 6:59 p.m.
Conduct the second public hearing on the proposed annexation of a 30.374 -acre tract
situated in the W.C.R.R. Company Survey Number 1, Abstract 899, located north of
Archer Road and west of Garth Road in Harris County, Texas.
The public hearing was called to order at 7:00 p.m.
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 November 26, 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.
SMD #1, Ltd., is requesting annexation as a prerequisite to receiving City services. The property
is proposed for development as multifamily housing with a commercial reserve (Rosemont at
Garth). 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.
Page 3 of 22
Minutes of the Regular Session — December 9, 2004
No one appeared to speak at the public hearing.
The public hearing was closed at 7:01 p.m.
Council Member Sheley moved to reopen the public hearing. 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.
The public hearing was reopened at 7:02 p.m.
City Manager Jackson informed Council that the area to be annexed is analogous to "infill" and
is needed for affordable housing.
The public hearing was closed at 7:04 p.m.
Conduct the first public hearing on the proposed annexation of approximately 140 acres of
land located in the William Bloodgood Survey, A4, and the I P. Sjolander Survey, A -1644,
south of Needlepoint Road and east of Sjolander Road and the adjacent portion of
Needlepoint Road in Harris County, Texas.
The public hearing was called to order at 7:04 p.m.
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 November 26, 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.
Moody - Simmons Baytown II, Ltd., and Moody- Simmons Baytown, Ltd., are requesting
annexation as a prerequisite to receiving City services. The property is proposed for
development as a single - family residential subdivision (Hunters Creek). 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.
No one appeared to speak at the public hearing.
The public hearing was closed at 7:05 p.m.
Page 4 of 22
Minutes of the Regular Session — December 9, 2004
Conduct the second public hearing on the proposed annexation of approximately 140 acres
of land located in the William Bloodgood Survey, A -4, and the J. P. Sjolander Survey, A-
1644, south of Needlepoint Road and east of Sjolander Road and the adjacent portion of
Needlepoint Road in Harris County, Texas.
The public hearing was called to order at 7:05 p.m.
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 November 26, 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.
Moody- Simmons Baytown II, Ltd., and Moody- Simmons Baytown, Ltd., are requesting
annexation as a prerequisite to receiving City services. The property is proposed for
development as a single - family residential subdivision (Hunters Creek). 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.
No one appeared to speak at the public hearing.
The public hearing was closed at 7:07 p.m.
Consider Proposed Resolution No. 041209 -1, authorizing and directing the Mayor to
execute the General Certificates of Local Governmental Unit and the Certificate of the
Highest Ranking Official relating to Southeast Texas Housing Finance Corporation's
issuance of Multifamily Housing Revenue Bonds.
SETH is issuing the bonds to finance the construction of a multifamily property in Baytown
(Rosemont at Garth). The issuance of the bonds is expected to advance SETH's continued
efforts in providing safe, decent, sanitary and affordable housing to residents of its sponsoring
political subdivisions, including the City of Baytown. To gain approval of the Texas Attorney
General's Office for the issuance of the desired bonds, SETH has asked that the City of Baytown
confirm certain information regarding SETH, including, but not limited to, the City's approval of
SETH's Restated Articles of Incorporation, the City's appointment of Daniel Sandoval to
SETH's Board of Directors, and the fact there is no litigation pending or threatened against the
City relating to SETH.
Council Member Renteria 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.
Page 5 of 22
Minutes of the Regular Session — December 9, 2004
RESOLUTION NO. 1690
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GENERAL
CERTIFICATE OF LOCAL GOVERNMENTAL UNIT RELATING TO SOUTHEAST
TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF MULTIFAMILY
HOUSING REVENUE BONDS (ROSEMONT AT GARTH APARTMENTS) IN ONE OR
MORE SERIES IN AN AGGREGATE AMOUNT NOT TO EXCEED FIFTEEN MILLION
AND NO /100 DOLLARS ($15,000,000.00) AND TO EXECUTE THE CERTIFICATES OF
HIGHEST RANKING OFFICIAL RELATING TO SOUTHEAST TEXAS HOUSING
FINANCE CORPORATION'S ISSUANCE OF SUCH BONDS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 041209 -2, amending Section 7 of Resolution No. 1611 to
revise the New Company Industrial District Agreement.
The City Council adopted the New Company Industrial District Agreement via Resolution No.
1611. To date, no new companies have signed such agreement. In working with a new company
explaining the agreement, several changes have been suggested and appear acceptable. Such
changes can be characterized and summarized as follows:
Changes
Sections
Grammatical Changes
V, VIII, XIV, XV, XVII, and XXII
Changes to use defined terms
IV, VI.C., XIV, and XIII
Changes to reflect Council's June 24, 2004, selection of Chambers County
Appraisal District to value properties within chambers County
V.A., VI.A, V1.13, VI.E, and VIII
Changes clarifying the agreement
V.A., V.B, and VII
Change providing for the contingency should the property be sold to the state.
I XIV
Council Member Renteria moved adoption of the proposed resolution. 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.
RESOLUTION NO. 1691
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING SECTION 7 OF RESOLUTION NO. 1611 ADOPTED BY THE CITY COUNCIL
ON THE 23RD DAY OF OCTOBER, 2003, TO REVISE THE NEW COMPANY INDUSTRIAL
DISTRICT AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 6 of 22
Minutes of the Regular Session — December 9, 2004
Consider Proposed Ordinance No. 041209 -1, authorizing an Industrial District Agreement
with Wal -Mart Stores East, LP.
Proposed Ordinance No. 041209 -1 authorizes an Industrial District Agreement with Wal -Mart
Stores East, LP, for a seven -year period. The first payment pursuant to this agreement will be for
the tax year 2004; and the 2004 values shall serve as the base under the agreement. This is the
first new company industrial district agreement which council has considered. The agreement is
in conformity with the proposed policy changes Council will consider under item no. 8 above for
companies which did not have an industrial district agreement in effect on July 26, 2002.
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. 9962
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN
INDUSTRIAL DISTRICT AGREEMENT WITH WAL -MART STORES EAST, LP; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 041209 -2, authorizing a temporary water supply
agreement with Harris County Municipal Utility District No. 213 (MUD 213).
The proposed temporary water supply agreement will provide MUD 213 with a supply of water
until the new Baytown Area Water Authority line is constructed. This will allow a development
of over 2,000 homes when completed. MUD 213 will construct a 12" water line, at its expense,
along Garth Road, from the existing line to the District. Upon completion, the water line will be
dedicated to the City. When the new BAWA line is completed, the District will become a
BAWA customer. The District will pay all of the fees that BAWA requires. The District and
developer understand the City's impact fees and an offset credit will be allowed for the cost of
installing the 12" water line. A small commercial tract is proposed and the developer has agreed
to enter into a strategic partnership agreement and a limited purpose annexation to allow the City
to receive sales tax from the commercial development.
Council Member Renteria 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.
Page 7 of 22
Minutes of the Regular Session — December 9, 2004
ORDINANCE NO. 9963
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A TEMPORARY WATER SUPPLY AGREEMENT WITH HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 213; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance No. 041209 -3, authorizing a contract for professional
services for the final design of Year Three of the 2001 Bond Street Program.
Proposed Ordinance No. 041209 -3 authorizes a contract for professional services in an amount
not to exceed $574,133, to PATE Engineers, Inc., for final design of Phase III of the 2001 Street
Bond Program. The total amount for basic and additional services is $555,133. The additional
services include the topographic survey, storm water pollution prevention plan, and traffic
control drawings. The reimbursable expenses will not exceed $8,000. This project will also
include an additional consultant charge, of $11,000, for an urban forester to protect the existing
trees along the project limits. Therefore, the total amount of the contract with PATE Engineers,
Inc., is $574,133, which includes all of the above - described services. The 2002 General
Obligation bonds will fund this project.
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. 9964
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 A PROFESSIONAL SERVICES AGREEMENT WITH PATE
ENGINEERS, INC., FOR THE FINAL DESIGN OF PHASE III OF THE 2001 STREET BOND
PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT
NOT TO EXCEED FIVE HUNDRED SEVENTY -FOUR THOUSAND ONE HUNDRED
THIRTY -THREE AND NO 1100 DOLLARS ($574,133.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 0412094, awarding a professional services contract for
the Bayland Island Ship Store Building Renovations Project.
Proposed Ordinance No. 041209 -4 authorizes a professional services contract, in an amount not
to exceed $9,500, with Hall Barnum Lucchesi Architects for the Bayland Island Ship Store
Building Renovations Project.
Page 8 of 22
Minutes of the Regular Session — December 9, 2004
The total amount for design phase services is $3,000 and the total amount for construction phase
services is $6,000. Reimbursables will not exceed $500. The Bayland Island operating budget
will fund this project.
Council Member Renteria moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider Proposed Ordinance No. 041209 -5, authorizing the City Manager to execute a
contract through the Texas Cooperative Purchasing Network for repairs and leak sealing
to the Bayland Island Ship Store.
Proposed Ordinance No. 041209 -5 authorizes the City Manager to execute a contract through the
Texas Cooperative Purchasing Network in the amount of $240,048, to Weatherproofing
Technologies, Incorporated, for repairs and leak sealing at the Bayland Island Ship Store.
Funding for the project is from the settlement proceeds from a lawsuit concerning the
construction of the restaurant and ships store buildings.
Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. Council Member Anderson expressed concern regarding the amount
proposed for the repairs.
Deputy City Manager Leiper explained that staff had received some preliminary estimates. If a
new pre- engineered metal building were to be constructed, it would not fit with the style of
architecture of the other buildings on Bayland Island, although the cost would be less. He added
that there were other factors that should be considered beyond the weatherproofing of the
exterior of the building. He noted that the agreement with Mr. Hazelwood had stated that some
changes would be made to the interior of the Ships Store, such as the dropping of the ceilings to
cut down on air - conditioning costs. Mr. Leiper said there would also be the problem of how the
tenant would be able to continue his business operations during the year it would take to
demolish and rebuild the structure. He reminded Council that there are shower facilities that the
people who live on the boats are dependent upon on a daily basis. He informed Council that
there would be a higher design cost if the present building is demolished because the architect
has said that unless the same building is reconstructed, the slab is not designed for a pre -
engineered building. Presently, Mr. Hazelwood is in agreement with the course of action staff
has proposed and will be able to remain in business during the proposed weatherproofing
process.
AORN Mr. Leiper described the process of the Texas Cooperative Purchasing Network, which is similar
to that of Houston - Galveston Area Council. The network puts a job out for bid at a discount for
the range of services. He informed Council that Lee College and Goose Creek Consolidated ISD
currently use this process for much of their maintenance work.
Page 9 of 22
Minutes of the Regular Session — December 9, 2004
Council Member Anderson conveyed his sympathy for the tenant, and said that although the cost
would be paid from the settlement of the lawsuit, he was still not comfortable with the amount
proposed in the ordinance.
Mr. Leiper replied that City staff could negotiate with Hall, Barnum, Lucchesi Architects to
develop plans and specifications and advertise for bids to explore cost - saving alternative
proposals for the scope of work.
Council Member Sheley moved to postpone this item to a future agenda. 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.
Council Member Sheley moved to reconsider Proposed Ordinance No. 041209 -4. 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.
Council Member Sheley moved not to approve Proposed Ordinance No. 041209 -4. 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 Proposed Ordinance No. 041209 -6, awarding the 2005 Annual Sanitary Sewer
Rehabilitation Contract.
Proposed Ordinance No. 041209 -6 awards the 2005 Annual Sanitary Sewer Rehabilitation
Contract to PM Construction & Rehab, L.P. (PM), and authorizes payment up to the annual
budgeted amount of $1,000,000. Five potential bidders attended the mandatory pre -bid meeting
and the City received three bids. PM is the apparent lowest responsible bidder. PM recently
completed the 2003 and 2004 Annual Sanitary Sewer Rehabilitation Project and exceeded the
City's performance expectations. Staff recommends authorization of the budgeted amount,
notwithstanding it exceeding the amount bid ($798,455.75).
Page 10 of 22
Minutes of the Regular Session — December 9, 2004
Authorization to the budgeted amount will allow additional work, should it become necessary
during the contract term. The scope of work includes sanitary sewer rehabilitation work,
primarily using the pipe busting method, but will also include some removal and replacement by
open trench method, as needed. The construction duration for the project is one calendar year.
This contract is for an initial term of one calendar year, with the option to extend the contract for
an additional one -year period under the same terms, conditions, and unit prices as stated in the
contract. The 2004 Certificates of Obligation will fund this project.
Council Member Renteria moved adoption of the proposed ordinance. 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.
ORDINANCE NO. 9965
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF PM CONSTRUCTION & REHAB, L.P., FOR THE 2005
ANNUAL SANITARY SEWER REHABILITATION CONTRACT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE MILLION AND NO /100
DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 041209 -7, amending Chapter 34 "Environment," Article
II "Nuisances," Section 34 -26 "Definitions" of the Code of Ordinances, City of Baytown,
Texas, to amend the definition of "nuisance" to include those nuisances occurring within an
industrial district; amending Chapter 34 "Environment," Article V "Hazardous
Substances, Liquids and Gas Pipelines," Section 34 -196 "Definitions" of the Code of
Ordinances, City of Baytown, Texas, to amend the definition of "jurisdiction" to exclude
only those pipelines of companies with an industrial district agreement with the City;
Amending Chapter 42 "Health and Sanitation," Article II "Public Health Hazards,"
Division 2 "Public Health Nuisances," Section 42 -62 "Maintenance of Premises,"
Subsection (b) of the Code of Ordinances, City of Baytown, Texas, to conform with the
industrial district agreements whereby the City regulates certain nuisances.
Proposed Ordinance No. 041209 -7 amends the following provisions of the Code of Ordinances,
Baytown, Texas:
➢ Chapter 34 "Environment," Article II "Nuisances," Section 34 -26 "Definitions"
and
➢ Chapter 42 "Health and Sanitation," Article II "Public Health Hazards," Division
2 "Public Health Nuisances," Section 42 -62 "Maintenance of Premises,"
Subsection (b).
Page 11 of 22
Minutes of the Regular Session — December 9, 2004
In the above - referenced Chapters, the City, pursuant to Section 214.042 of the Local
Government Code, regulates nuisances not only within the corporate limits but also within 5,000
feet thereof. However, currently the ordinances exempt nuisances located within industrial
districts. The proposed amendments will make such ordinances applicable throughout the 5,000 -
foot area outside the corporate limits, regardless if such area is within an industrial district. This
change is consistent with the City's industrial district agreements, whereby the parties agree that:
the same standards and criteria relative to noise, vibration and toxic levels and
drainage and flood control which are adopted by the City and made applicable to
portions of the City adjacent to the Industrial District shall also be applicable to
[property within the industrial district].
Council Member Murray moved adoption of the proposed ordinance. 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.
ORDINANCE NO. 9966
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 34 "ENVIRONMENT," ARTICLE H "NUISANCES," SECTION 34 -26
"DEFINITIONS" TO AMEND THE DEFINITION OF "NUISANCE" AND CHAPTER 42
"HEALTH AND SANITATION," ARTICLE II "PUBLIC HEALTH HAZARDS," DIVISION 2
"PUBLIC HEALTH NUISANCES," SECTION 42 -62 "MAINTENANCE OF PREMISES,"
SUBSECTION (B) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO
CONFORM WITH THE INDUSTRIAL DISTRICT AGREEMENTS WHEREBY THE CITY
REGULATES CERTAIN NUISANCES; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO /100 DOLLARS ($2,000.00) FOR EACH VIOLATION THEREOF;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 041209 -8, awarding a contract for professional services
for final design of the Goose Creek Lift Station Project.
Proposed Ordinance No. 041209 -8 authorizes a professional services contract, in the amount of
$36,100, to Lockwood, Andrews, & Newnam, Inc. (LAN) for final design of the Goose Creek
Lift Station. Compensation for both basic and additional services will not exceed $35,095. The
project's reimbursable expenses shall not exceed $1,005. The scope of work for this project will
include the design of all required structural, mechanical, and electrical systems for the Goose
Creek Lift Station Rehabilitation Project, including the design of the wet well lining, the pump
pit and required piping, and the electrical pump controls. This effort will also include bidding
phase services, construction phase services and post construction services. In addition, LAN will
also prepare detailed cost estimates for the rehabilitation project. Both Certificates of Obligation
and Alternative Minimum Tax Bonds are funding this project.
Page 12 of 22
Minutes of the Regular Session — December 9, 2004
Council Member Mahan 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. 9967
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 A PROFESSIONAL SERVICES AGREEMENT WITH
LOCKWOOD, ANDREWS, & NEWNAM, INC., FOR THE FINAL DESIGN OF THE GOOSE
CREEK LIFT STATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY -SIX THOUSAND ONE
HUNDRED AND NO 1100 DOLLARS ($36,100.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 041209 -3, granting a petition for annexation of 12.1300
acres of land in the George C. Davis Survey, Abstract 1472, Harris County, Texas located
southeast of the intersection of Interstate Highway 10 and North Main Street, submitted by
Commercial Investment Services.
Proposed Resolution No. 041209 -3 grants the petition for annexation submitted by Commercial
Investment Services to annex 12.1300 acres of land in the George C. Davis Survey, Abstract
1472, Harris County, Texas located southeast of the intersection of Interstate Highway 10 and
North Main Street. The property is proposed to be developed as multifamily residential. The
petition has been submitted as a prerequisite for obtaining utility services.
Council Member Renteria moved adoption of the proposed resolution. Council Member
Anderson seconded the motion. Council Member Murray asked if the company would request
any tax exemptions. City Manager Jackson replied that it would not. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, and Renteria.
Mayor Mundinger.
Nays: Council Member Sheley.
The motion carried.
RESOLUTION NO. 1692
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE PETITION OF COMMERCIAL INVESTMENT SERVICES
CONCERNING THE ANNEXATION OF 12.1300 ACRES OF LAND IN THE GEORGE C.
DAVIS SURVEY, ABSTRACT 1472, HARRIS COUNTY, TEXAS, LOCATED SOUTHEAST
OF THE INTERSECTION OF INTERSTATE HIGHWAY 10 AND NORTH MAIN STREET.;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 13 of 22
Minutes of the Regular Session — December 9, 2004
Receive report from the Planning & Zoning Commission regarding the request to rename
Market Street to Veterans Memorial Drive and provide direction to staff.
Mr. Tom Cottar requested that Market Street from West Texas Avenue to West Main be renamed
to Veterans Memorial Drive in honor of the area's veterans. On November 17, 2004, the
Planning and Zoning Commission considered the request and recommended that Council deny
the request.
The item was discussed during the work session held before the meeting. It was the direction of
Council that staff contact all the businesses, residences, and churches along Market Street from
Texas Avenue to Bayway Drive to gauge the impact the name change would have upon them.
Consent Agenda
a. Proposed Ordinance No. 041209 -9 restates the boundaries of Reinvestment Zone
Number One, City of Baytown. Previous actions of City Council have intended
to enlarge the boundaries of the TIRZ, but the actions failed to include adequate
field notes of the Zone. The proposed ordinance cures the prior actions by
providing adequate field notes for the entire Zone, as enlarged by City Council.
b. Proposed Ordinance No. 041209 -10 awards the annual contract for gasoline and
diesel fuel. Sixteen bid packets were distributed. The bid opened at 2 p.m. on
Monday, December 6, 2004. Bid information and the staff recommendation will
be provided on Tuesday, December, 7, 2004.
C. Proposed Ordinance No. 041209 -11 awards the first renewal of the annual
portable toilet rental services contract to BFI Waste Services of Texas, LP, in the
amount of $27,570. BFI submitted a written request to exercise their renewal
option for the same pricing, terms and conditions. This annual contract will be
used for multiple park locations and special events.
d. Proposed Ordinance No. 041209 -12 authorizes an agreement with Verizon
Southwest Incorporated, d/b /a Verizon Southwest, for purchase of five Primary
Rate Interface (PRI) lines (three terminated at 3200 N. Main and two terminated
at 2401 Market St.) to be used for the new Voice Over Internet Protocol (VoIP)
telephone system. Each PRI circuit will cost $339.67 per month. This master
agreement will provide these pricing levels for the next five years. Moving
approximately 70% of our phone lines to VoIP will substantially reduce our
phone expenditures each year.
e. Proposed Ordinance No. 0401209 -13 establishes rental fees for the Roseland Park
Pavilion. In September 2004, the Parks and Recreation Advisory Board
recommended and City Council approved an increase of the rental rates of the
Community Center and the Wayne Gray Center. A change in the rental rates for
the Roseland Park Pavilion was delayed until completion of the new air
conditioning and heating system for the Pavilion. The renovations have been
completed. At its meeting on November 4, 2004, the Parks and Recreation
Advisory Board recommended adoption of the rates as set forth in the proposed
ordinance. The rates will be effective January 1, 2005.
Page 14 of 22
Minutes of the Regular Session — December 9, 2004
f. Proposed Ordinance No. 041209 -14 approves contract addendum number 2 in the
amount of $29,734.40 to Halff Associates, Inc., to prepare plans and
specifications for the Goose Creek — Phase IV Trail.
This item was not ready for consideration.
g. Proposed Resolution No. 041209 -4 approves the designation of a juvenile case
manager. Texas Code of Criminal Procedure, Article 45.056 requires City
Council to approve the employment of a juvenile case manager. This approval
will not require additional personnel. The position will be filled by the municipal
court clerk performing the duties on the juvenile desk. Approval of the proposed
resolution will assure compliance with the Code of Criminal Procedure.
h. This item was removed for separate consideration.
Council Member Murray moved adoption of the consent agenda, items a through a and item g.
Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
ORDINANCE NO. 9968
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RESTATING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER ONE, CITY OF
BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9969
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF APACHE OIL COMPANY, INC., FOR THE ANNUAL
GASOLINE AND DIESEL FUEL CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF ONE MILLION TWO HUNDRED FIVE THOUSAND
FOUR HUNDRED THIRTEEN AND 82/100 DOLLARS ($1,205,413.82); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 9970
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF BFI WASTE SERVICES OF TEXAS, LP, FOR THE
ANNUAL PORTABLE TOILET RENTAL SERVICES CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -SEVEN THOUSAND
FIVE HUNDRED SEVENTY AND NO /100 DOLLARS ($27,570.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 15 of 22
Minutes of the Regular Session — December 9, 2004
ORDINANCE NO. 9971
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A SERVICE
AGREEMENT WITH VERIZON SOUTHWEST INCORPORATED, DB /A VERIZON
SOUTHWEST, FOR THE PURCHASE OF FIVE PRIMARY RATE INTERFACE (PRI)
LINES TO BE USED FOR THE NEW VOICE OVER INTERNET PROTOCOL (VOID)
TELEPHONE SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
THE AMOUNT OF TWENTY THOUSAND THREE HUNDRED EIGHTY AND 20/100
DOLLARS ($20,380.20) PER YEAR; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9972
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING NEW FEES FOR THE RENTAL OF the Roseland Park Pavilion FOR NON -CITY
SPONSORED EVENTS; REPEALING CONFLICTING ORDINANCES; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1693
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE EMPLOYMENT OF A CASE MANAGER TO PROVIDE SERVICES
IN CASES INVOLVING JUVENILE OFFENDERS AND TO ASSIST IN THE
COMPREHENSIVE PLAN TO REDUCE JUVENILE CRIMES WITHIN THE CITY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Item h. was removed from the consent agenda and considered separately:
h. Proposed Resolution No. 041209 -5 authorizes the City Manager to submit an
application to participate in a Cooperative Agreement with Harris County to
participate in the HOME Investment Partnership Act Grant (HOME) Program as a
potential sub - recipient of funds. The Cooperative Agreement has been executed
by Hams County Commissioners Court. This allows the City to apply for
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. Staff is preparing an application for Owner- Occupied
Housing Rehabilitation for at least twenty projects over the next two fiscal years.
The adopted budget for the 2004 -2005 fiscal year is $409,783 for six
reconstruction projects, two major rehabilitation projects, and two minor repair
projects. The proposed budget for the 2005 -2006 fiscal year is $420,213 for the
same number of projects. The budget includes an increase of approximately 3%
for rising reconstruction costs. The Harris County funding will be used for actual
hard costs of the projects, excluding all personnel expenses. Through the Harris
County HOME Program, the City could save the CDBG budget up to $250,000
per year for Housing Rehabilitation projects. CDBG would continue to provide
funding for staff and administrative costs of approximately $75,000.
Page 16 of 22
Minutes of the Regular Session — December 9, 2004
City Manager Jackson informed Council that the resolution had been revised to make the
application apply to two fiscal years and identify the fees waived.
Council Member Renteria moved adoption of the proposed resolution. 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.
RESOLUTION NO. 1694
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO PARTICIPATE IN
THE HARRIS COUNTY HOME INVESTMENT PARTNERSHIP ACT GRANT PROGRAM
FOR HARRIS COUNTY'S FISCAL YEARS 2005 AND 2006; AUTHORIZING IN KIND
MATCHING FUNDS TOTALING APPROXIMATELY SIX THOUSAND TWO HUNDRED
SEVEN AND 36/100 DOLLARS ($6,207.36) PER FISCAL YEAR PLUS WAVIER OF FEES
IN THE AMOUNT OF APPROXIMATELY FOUR THOUSAND FOUR HUNDRED FORTY -
SIX AND 501100 DOLLARS ($4,446.50) PER FISCAL YEAR; DESIGNATING AN
AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO
ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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.
The following person signed to address Council on this item:
Peter Cushman, 417 N. Burnet
Mr. Cushman, as a resident of District 3, requested that Council make an appointment to fill the
vacancy in District 3.
David Lee, 8219 Sanford
Mr. Lee, as a resident of District 3, requested that Council appoint Charles Shaffer to fill the
vacancy in District 3.
Mary Bagwell, 310 Pin Oak
Ms. Bagwell requested that Council use objective criteria and consider different candidates to fill
the vacancy in District 3.
Page 17 of 22
Minutes of the Regular Session — December 9, 2004
Jack Smalling, 123 Caldwell
Mr. Smalling, as a resident of the Lakewood Addition in District 3, suggested that Council
appoint Gene Poirot to fill the vacancy in District 3.
Bud Blackburn, 102 Red Bud
Mr. Blackburn also suggested that Council appoint Gene Poirot to fill the vacancy in District 3.
Mayor Mundinger polled the Council regarding any member's plan to change his vote from the
previous votes held on this appointment. None indicated that he would change his vote.
Council Member Murray indicated that he planned to nominate Gene Poirot to fill the vacancy.
The Mayor opened the floor for nominations of candidates who had already submitted an
application to serve.
Mayor Mundinger nominated Brandon Capetillo to fill the vacancy in District 3. Council
Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson and Murray.
Mayor Mundinger.
Nays: Council Member Mahan.
Council Members Renteria and Sheley abstained.
Mr. Capetillo was not appointed.
No other nominations were made from the list of candidates who had previously applied for the
position.
Council Member Murray nominated Gene Poirot to fill the vacancy in District 3. Council
Member Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson and Murray.
Mayor Mundinger.
Nays: None.
Council Members Mahan, Renteria, and Sheley abstained.
Mayor Mundinger nominated Jane Riggs to fill the vacancy in District 3. Council Member
Murray seconded the motion.
Council Member Sheley asked that the Mayor withdraw his motion and call a short recess. The
Mayor withdrew his motion. Council Member Murray withdrew his second to the motion.
Mayor Mundinger called for a recess at 8:22 p.m.
Page 18 of 22
Minutes of the Regular Session — December 9, 2004
The meeting was reconvened at 8:34 p.m.
Mayor Mundinger again nominated Jane Riggs to fill the vacancy in District 3. Council Member
Murray again seconded the motion. The vote follows:
Ayes: Council Members Anderson and Murray.
Mayor Mundinger.
Nays: None.
Council Members Mahan, Renteria, and Sheley abstained.
Mayor Mundinger nominated Jim Cauley to fill the vacancy in District 3. Council Member
Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson and Murray.
Mayor Mundinger.
Nays: None.
Council Members Mahan, Renteria, and Sheley abstained.
Council Member Sheley nominated Sheryl Ward to fill the vacancy in District 3. Mayor
Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Administer Oath of Office to the newly appointed Council Member and deliver Certificate
of Appointment.
This item was not ready for action.
Announcement of Mayor Mundinger's appointments to the Sign Committee.
Mayor Mundinger announced that Chet Theiss (Real Estate Appraiser), Joe Muller (Real Estate
Appraiser), Al Busch (Architect), Paul Smoke (Design Ventures), and Quincy Allen (TxDOT)
have been appointed to the Sign Committee. Bruce Riggs (Landscape Architect) has declined
reappointment. Al Busch (Architect) is appointed in his place. The terms are for two years.
Page 19 of 22
Minutes of the Regular Session — December 9, 2004
Announcement of Mayor Mundinger's appointments to the Transportation Policy Council.
Mayor Mundinger announced that Council Member Murray, who is currently the City's
representative on the Transportation Policy Council and Greg Stubbs, Director of Planning and
Development Services, who serves as the alternate have been reappointed to the Transportation
Policy Council.
Announcement of Mayor Mundinger's appointments to the Technical Advisory Committee
of the Transportation Policy Council.
Mayor Mundinger announced that Greg Stubbs, Director of Planning and Development Services,
who is currently the City's representative and Fred Pack, Director of Public Works, the current
alternate, have been reappointed to the Technical Advisory Committee of the Transportation
Policy Council.
Consider appointments to Reinvestment Zone Number One, City of Baytown.
The terms of Gilbert Santana, appointed to fill an unexpired term, (Position One) and John
Strausser (Position 3) expired on August 31, 2004. Each has agreed to serve an additional term
if reappointed by Council. During the most recent term, Mr. Santana attended 5 of 7 meetings
held during his term and Mr. Strausser attended 16 of the 18 meetings held during his term.
Council Member Sheley moved appointment of Gilbert Santana (Position One) and John
Strausser (Position Three) to the Reinvestment Zone Number One, City of Baytown. Council
Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider appointment of the Chairman of Reinvestment Zone Number One, City of
Baytown.
The enabling statute requires City Council to appoint the chairman of the board of directors of
Reinvestment Zone Number One, City of Baytown. Dr. Don Murray has served as Chairman
since the creation of the Zone.
Council Member Mahan moved appointment of Dr. Don Murray to serve as chairman of the
board of directors of Reinvestment Zone Number One, City of Baytown. 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.
Page 20 of 22
Minutes of the Regular Session — December 9, 2004
Consider appointments to the Baytown Emergency Medical Services Advisory Committee.
The terms of Dr. James Bernick, Ernie Whitener, and Gail Kenney will expire on December 11,
2004. Each has agreed to serve an additional term if reappointed by council. During the most
recent term Dr. Bernick attended 4, Mr. Whitener attended 5, and Ms. Kenney attended 5 of the 6
meetings of the committee.
Council Member Anderson moved appointment of Dr. James Bernick, Ernie Whitener, and Gail
Kenney to the Baytown Emergency Medical Services Advisory Committee. 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 appointments to the Electrical Board.
The terms of Bill Hollaway (Master Sign Electrician or Master Electrician) and Linda
Winkelmann (Citizen Not In Building Industry) will expire on January 1, 2005. Ms.
Winkelmann is not eligible for reappointment because she retired from her employment and
moved to Florida. Mr. Hollaway has agreed to serve if reappointed by council. During the most
recent term, Mr. Hollaway attended all of the three meetings of the board. Valerie Johnson with
CenterPoint Energy has agreed to serve if appointed.
Council Member Renteria moved appointment of Bill Hollaway and Valerie Johnson to the
Electrical Board. Council Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider an appointment to the Community Development Advisory Committee.
Council Member Renteria moved appointment of Augustin Loredo to the Community
Development Advisory 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 21 of 22
Minutes of the Regular Session — December 9, 2004
Consider appointments to the Planning and Zoning Commission.
The terms of Shawn McDonald (District 2), Dr. Joe C. Floyd (District 4), James Prickett (District
6), and Carol Opryshek (City Manager's appointment— RE/Dev) expire December 31, 2004.
Each has agreed to serve if reappointed by council. During the most recent term, Mr. McDonald
attended 8 of the 10 meetings, Dr. Floyd attended 6 of the 10 meetings, Mr. Prickett attended 8
of the 10 meetings, and Ms. Opryshek attended 10 of the 10 meetings of the Commission.
Council Member Murray moved appointment of Shawn McDonald (District 2), Dr. Joe C. Floyd
(District 4), James Prickett (District 6), and Carol Opryshek (City Manager's appointment -
RE/Dev) to the Planning and Zoning Commission. Council Member Sheley seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
City Manager's Report.
City Manager Jackson reminded Council of the annual Employee Appreciation Luncheon to be
held on Wednesday, December 15, from 11:00 a.m. to 2:00 p.m. in the Community Center
Auditorium.
Mayor Mundinger requested that Council Members attend the luncheon and act as servers to the
employees.
Mr. Jackson announced that a special City Council meeting would be held on Wednesday,
December 29, 2004.
Mr. Jackson commended Finance Director Donna Sams, Treasurer Rhonda Young, and all the
staff in the Finance Department for receiving the Certificate of Achievement for Excellence in
Financial Reporting for Fiscal Year ended September 30, 2003 by the Government Finance
Officers Association.
Mr. Jackson commended Planning Director Gregory Stubbs, who directed the United Way
Program for the City this year. Contributions totaled $17,741, more than in any year past.
Council Member Anderson recognized Warren Dold upon his retirement from ExxonMobil and
said he would be sorely missed. Mr. Dold introduced his replacement, Tracy Roberts.
Council Member Sheley announced that the `Friends Serving Friends' Program had been very
successful and thanked Council Members Mahan, Renteria, and Mayor Mundinger for their
participation. He also thanked the Parks and Recreation Department for their assistance.
Council Member Mahan thanked Scott Johnson, Parks and Recreation Director for the success of
the annual Christmas Parade.
Page 22 of 22
Minutes of the Regular Session — December 9, 2004
OF", Adjourn.
Council Member Mahan 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.
There being no further business, the meeting adjourned at 8:39 p.m.
L /t /: i!
Gary' . Smith
City Clerk
OW