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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