2004 12 29 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 29, 2004
6:30 p.m.
The City Council of the City of Baytown, Texas, met in special session on December 29, 2004, at 6:30
p.m. in the Council Chamber of Baytown City Hall with the following in attendance:
Ronnie Anderson
Sammy Mahan
Don Murray
Scott Sheley
Sheryl Ward
Calvin Mundinger
Gary M. Jackson
Bob Leiper
Ignacio Ramirez, Sr.
Gary W. Smith
Council Member Mercedes Renteria III was absent.
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Deputy City Manager
City Attorney
City Clerk
The meeting was opened with a quorum present and Council Member Murray led the pledge of
allegiance and offered the invocation. Mayor Mundinger asked those in attendance to observe a
moment of silence in remembrance of fallen Baytown Fire Fighter Nito Guajardo after which the
following business was conducted:
Mayor Mundinger denied Reba Eichelberger's request to speak concerning the moment of silence.
Administer the Oath of Office to Sheryl Ward, Council Member District 3, and deliver the
Certificate of Appointment.
City Attorney Ignacio Ramirez, Sr. administered the oath of office to Sheryl Ward as Council Member,
District 3.
Mayor Mundinger presented the Certificate of Appointment to Council Member Ward.
Consider Proposed Ordinance No. 041229 -1, the first reading of the Ordinance annexing
property currently within the extra - territorial jurisdiction of the City of Baytown and being 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.
Proposed Ordinance No. 041229 -1 is the first reading of the Ordinance annexing property currently
within the extra - territorial jurisdiction of the City of Baytown and being 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 (Rosemont @ Garth). SMD #1, Ltd., is developing the property
as multifamily housing with a commercial reserve. City Council approved a petition to annex this
property.
Page 2 of 7
Minutes of the Special Session — December 29, 2004
In accordance with state law, two public hearings were held on the proposed annexation on December
9, 2004, following publication in The Baytown Sun on November 26, 2004 and posting on the City's
web site on the same date, more than ten days and less than 20 days prior to the public hearings. Upon
approval on its first reading, the ordinance will be published in The Baytown Sun. The final reading
may be held 30 days after the ordinance is passed on its first reading and published.
Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 9973
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, AND THE ANNEXATION OF A 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; WHICH SAID
TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR
THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance No. 041229 -2, the first reading of the Ordinance annexing
property currently within the extra - territorial jurisdiction of the City of Baytown and being
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.
Proposed Ordinance No. 041229 -2 is the first reading of the Ordinance annexing property currently
within the extra - territorial jurisdiction of the City of Baytown and being 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 Hams
County, Texas (Hunters Creek). Moody - Simmons Baytown II, Ltd., and Moody- Simmons Baytown,
Ltd., are developing the property as a single - family residential subdivision. A portion of Needlepoint
Road is included in the annexation. City Council approved a petition to annex this property. In
accordance with state law, two public hearings were held on the proposed annexation on December 9,
2004, following publication in The Baytown Sun on November 26, 2004 and posting on the City's web
site on the same date, more than ten days and less than 20 days prior to the public hearings. Upon
approval on its first reading, the ordinance will be published in The Baytown Sun. The final reading
may be held 30 days after the ordinance is passed on its first reading and published.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Page 3 of 7
Minutes of the Special Session — December 29, 2004
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 9974
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, AND THE ANNEXATION OF 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; WHICH SAID
TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR
THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance No. 041229 -3, approving final payment and releasing the
retainage to the Spigener Corporation and accepting the Baytown Community Center
Renovations Project.
Proposed Ordinance No. 041229 -3 authorizes final payment and release of retainage, in the amount of
$78,486.78, and accepts the Baytown Community Center Renovations Project. The original contract
amount, awarded to the Spigener Corporation, was $1,472,935. Change Order Nos. 1 through 7
totaled $102,641.06, resulting in a final contract amount of $1,575,576.06. This is a 6.51% increase in
the overall project cost. City staff is currently working with the architect to settle disputes over
possible errors and omissions, which staff believes caused some of these change orders. The change
orders were not the fault of the contractor. Therefore, staff recommends that Council approve the final
payment and release of the retainage to the contractor so that the sub - contractors may be paid. The
original contract duration was 270 calendar days and the notice to proceed was issued to the contractor
on January 9, 2004. The project was substantially complete on August 2, 2004, for a duration of 207
calendar days. The temporary Certificate of Occupancy was issued on September 13, 2004, for a
duration of 249 calendar days. The contractor finished the project within the allotted time and the
workmanship was satisfactory.
Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 4 of 7
Minutes of the Special Session — December 29, 2004
ORDINANCE NO. 9975
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BAYTOWN COMMUNITY CENTER RENOVATIONS PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTY -EIGHT THOUSAND FOUR
HUNDRED EIGHTY -SIX AND 78/100 DOLLARS ($78,486.78); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 0412294, authorizing an earnest money contract with the
Diocese of Galveston- Houston and the Scanlan Foundation for the purchase of 15 acres along
Ward Road.
Proposed Ordinance No. 041229 -4 authorizes an earnest money contract with the Diocese of
Galveston- Houston and the Scanlan Foundation for the purchase of 15 acres along Ward Road for the
development of new baseball fields. This has been a long -term project, whereby the City (i) was
involved in discussions with the property owners for over a year to acquire the property; (ii) was
involved in negotiating a long -term maintenance agreement with the East Little League for
approximately eight months thereafter; and (iii) has authorized an earnest money contract for the
purchase of the property which has expired. This proposed ordinance approves another earnest money
contract in which the City will again offer to purchase the property for $200,000, based upon the most
recent appraisal. The proposed contract is essentially the same as the one the City Council approved
on November 23, 2004, but extends the expiration and the closing dates. The proposed agreement will
expire if not executed by both the Diocese of Galveston- Houston and the Scanlan Foundation by
February 14, 2005. The closing date, according to the proposed contract, is March 25, 2005.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 9976
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN
EARNEST MONEY AGREEMENT WITH THE DIOCESE OF GALVESTON - HOUSTON AND
THE SCANLAN FOUNDATION FOR THE PURCHASE OF 15 ACRES ALONG WARD ROAD;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 5 of 7
Minutes of the Special Session — December 29, 2004
Consider approving plans and specifications and authorizing advertisement for bids for the
Steinman Sanitary Sewer Rehabilitation Project, Phase H.
The scope of work includes the construction of approximately 7,680 linear feet of sanitary sewer lines
in the Steinman Lift Station service area, primarily utilizing the pipe- bursting method. The estimated
construction cost for the project, which includes a 10% contingency, is $503,300. The allotted
construction duration for the project is 140 calendar days. Funding is available from the 2004
Certificates of Obligation.
Council Member Murray moved approval of plans and specifications for the Steinman Sanitary Sewer
Rehabilitation Project, Phase II, and authorization for advertisement for bids. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider approval of City Manager's appointment of City Librarian.
Mr. Jackson announced his appointment of Katherine Brown as City Librarian. Ms. Brown earned a
Bachelor of Arts degree in English from Louisiana Tech and a Master of Science in Library Science
from Louisiana State University. She has over 34 years of related experience with 9 years as a Library
Director. She is currently serving as the Lincoln Parish Library Director. The proposed starting date is
January 31, 2005.
Council Member Mahan moved approval of the appointment of Katherine Brown as City Librarian.
Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider extension of the interim Municipal Judges' contracts.
Consider extension of the interim Municipal Judges' contracts. Judge Bailey has notified the City that
he will not extend his contract for services. The contracts for the other two interim Municipal Judges,
Kelly Benavides and Andy Helms, expire on December 31, 2004. The proposed extension is through
February 14, 2005. If no action is taken, no person will be under contract to preside over Municipal
Court after December 31, 2004.
Council Member Sheley moved extension of the interim Municipal Judges' contracts. Council
Member Mahan seconded the motion. The vote follows:
Page 6of7
Minutes of the Special Session — December 29, 2004
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Discuss and take appropriate action regarding the selection process for the Municipal Court
Judges.
The following person registered to speak to Council concerning the selection process for the Municipal
Court Judges:
Reba Eichelberger, 2008 Oak Shadows
Ms. Eichelberger expressed concern that Council was not requiring an attorney be selected as
Municipal Judge. She referenced the Texas Government Code, which requires that the judge of a
municipal court of record be an attorney.
Council Member Murray noted that the Baytown Municipal Court is not a court of record.
Mayor Mundinger explained that the ad hoc committee on Municipal Judges has scheduled a meeting
with the Human Resources Director, Alison Smith, to select a limited number of candidates for
Council to consider. He proposed that a special Council meeting be called between the regular
meetings of January 13 and January 27. Interviews of candidates would be conducted during the
special meeting. The ad hoc committee will work with staff to develop a list of questions for the
interviews.
The Council discussed the submission of information and questions related to the selection process to
the ad hoc committee. Mayor Mundinger stated that guidance from staff will be sought.
City Manager's Report.
City Manager Jackson reminded Council of the selection process for streets to be rehabilitated under
the Street Maintenance Sales Tax and requested that Council submit their selections by January 13,
2005.
Mr. Jackson stated that 2004 had been a busy year. Many difficult issues were brought to Council and
he commended Council for working through those issues. He expressed his best wishes for the New
Year.
Page 7 of 7
Minutes of the Special Session — December 29, 2004
Adjourn.
Council Member Murray moved that the meeting adjourn. Council Member Sheley seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 7:10 p.m.
z2" xin
Gky W. Smith
City Clerk
51