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2005 01 27 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 27, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on January 27, 2005, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Sammy Mahan Don Murray Scott Sheley Sheryl G. Ward Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager City Attorney City Clerk. Absent were: Council Members Ronnie Anderson and Mercedes Renteria. The meeting was opened with a quorum present and Council Member Mahan led the pledge of allegiance and offered the invocation after which the following business was conducted: Mayor Mundinger recognized the high school government class students in attendance and Dr. Martha Ellis, President of Lee College, and Ronn Haddox, Lee College Regent. Consider approval of minutes of the work session and regular meeting held on January 13, 2005. Council Member Mahan moved approval of the minutes of the work session and the regular meeting held on January 13, 2005. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Presentation of the "Strategic Planning Effort Award" received from the "Texas Chapter of the American Planning Association Houston Section" for the Baytown Downtown Master Plan — Area One. Mr. Jackson announced that the City had been awarded the Strategic Planning Effort Award from the Texas Chapter of the American Planning Association, Houston Section for the Baytown Page 2of13 Minutes of the Regular Session – January 27, 2005 Downtown Master Plan —Area One. Greg Stubbs, Director of Planning and Development i, Services presented the award to Mayor Mundinger and Council Member Sheley and the Baytown Downtown Association Board of Directors. Conduct a public hearing on the Flood Mitigation Plan. The purpose of this public hearing is to encourage additional public input concerning the plan and to comply with conditions of the grant contract between the City of Baytown and the Texas Water Development Board. Notice of the public hearing was published in The Baytown Stin on Monday, January 24, 2005. The public hearing was called to order at 6:37 p.m. Kevin Byal, Chief Building Official and Flood Plain Administrator, stated that the proposed plan will improve the Community Rating System score, thereby reducing flood insurance premiums; identify projects that will reduce flood hazards; and is a prerequisite for federal assistance. No one appeared to speak at the public hearing. The public hearing was closed at 6:40 p.m. Conduct the first public hearing on the proposed annexation of a 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. 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 Tice Baytown Sun on December 23, 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. Commercial Investment Services is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as multifamily housing. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearing was called to order at 6:41 p.m. The following persons signed to speak, but donated their time to Wayne Hanson, to -wit: Brenda Fess, 3023 Knight Kathy Winn, 4905 Burning Tree Zoe Krizak, 4107 Cadbury Shane Clausen, 2 Del Oro Court Kathy Villarreal, 3027 Knight Lane Alicia Gregorcyk, 3127 Knight and Gene Gregorcyk, 3127 Knight. Page 3of13 Minutes of the Regular Session — January 27, 2005 Wayne Hanson, 111 Caldwell, spoke against the annexation. Kim Krizak, 4107 Cadbury, spoke against the annexation. Greg Thorse, 45 N.E. Loop 410, #290, San Antonio, spoke in favor of the annexation. Manish Verma, 45 N.E. Loop 410, #290, San Antonio, spoke in favor of the annexation. Darryl Jack, 45 N.E. Loop 410, #200, San Antonio, spoke in favor of the annexation. Steve Fess, 3023 Knight Lane, spoke against the annexation. The public hearing was closed at 7:10 p.m. Conduct the second public hearing on the proposed annexation of a 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. 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 December 23, 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. Commercial Investment Services is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as multifamily housing. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearing was called to order at 7:11 p.m. Wayne Hanson, 111 Caldwell, spoke in opposition to the annexation. Daryl Jack, 45 N.E. Loop 410, #200, San Antonio, spoke in favor of the annexation. Manish Verma, 45 N.E. Loop 410, 4290, San Antonio, spoke in favor of the annexation. Kim Krizak, 4107 Cadbury, spoke in opposition to the annexation. Mayor Mundinger stated that the City of Baytown will operate under the fair housing standards and reminded those in attendance that the U. S. Department of Justice scrutinized each annexation action. The public hearing was closed at 7:23 p.m. i' Page 4 of 13 Minutes of the Regular Session — January 27, 2005 Receive quarterly Financial and Investment Reports for the period ending December 31, 2004 for the City of Baytown. The City of Baytown's Financial and Investment Reports for the quarter ending December 31, 2004 are hereby submitted for review in accordance with the Public Funds Investment Act, Section 2256.023 (a) and (b). The Finance Committee reviewed the reports at the meeting on Tuesday, January 25, 2005. Receive and discuss Financial Statements and Single Audit Report for the City of Baytown fiscal year ended September 30, 2004. The Financial Statements and Single Audit Report for period ended September 30, 2004 were presented. In accordance with Article II, Section 31 of the Charter, the Finance Department has prepared the financial statements for the year ended September 30, 2004. The Finance Committee met on January 25, 2005 to review the Financial Statements and Single Audit Report. Sandersen Knox & Belt, L.L.P., a public accounting firm, conducted the independent audit. Robert Belt, of Sanderson Knox & Belt, addressed Council and reported that the audit was a clean report and he anticipated that the Financial Statements would earn another award from GFOA. The financial statements and audit reflect that the City had a favorable year, is under good fiscal management, and is in good fiscal condition. He stated that the City is in sound financial shape and that he found no reason for concern while conducting the audit. Mayor Mundinger thanked the Finance Department, especially Donna Sams, Rhonda Young, and Robert Chambers for their efforts in maintaining the financial well being of the City. Receive and discuss Baytown Area Water Authority Financial Statements for the fiscal year ended September 30, 2004. The financial statements for the Baytown Area Water Authority (BAWA) for the fiscal year ended September 30, 2004 have been prepared and presented to the BAWA Board of Directors. BAWA is presented in a separate column in the City's Comprehensive Annual Finance Report to emphasize the legal separation between BAWA and the City of Baytown. In -depth information on BAWA's financial activities is included in a separate report. As a result of this presentation, stand -alone BAWA financial statements are presented to you for your information. The Finance Committee reviewed the financial statements during its meeting on Tuesday, January 25, 2005. Consider Proposed Ordinance No. 050127 -1, ordering the Municipal Election to be held on the 7th day of May 2005, for the purpose of electing three Council Members from District Numbers One, Two, and Three. Proposed Ordinance No. 050127 -1 orders the Municipal Election to be held on the 7`h day of May 2005, for the purpose of electing three Council Members from District Numbers One, Two, and Three, and a runoff election, if necessary, to be held on the 11 `h day of June, 2005. According to state statute, the regular election must be held on Saturday, May 7, 2005. It will be necessary to elect three Council Members from District Numbers One, Two, and Three for two - year terms. The proposed ordinance establishes procedures for filing for a place on the ballot, Page 5 of 13 Minutes of the Regular Session — January 27, 2005 holding the election; locations for polling places; orders all necessary notices and actions; establishes the location for central counting, and provides for early voting hours and early voting ballot board, and provides for a run -off, if necessary, on June 11, 2005. The first day to file for a place on the ballot is February 5. The last date to file for a place on the ballot is Monday, March 7. The election officers will be appointed by separate resolution. Early voting will take place from April 20 through May 3, 2005. Negotiations are continuing with Goose Creek CISD for the conduct of a joint election. The use of the voting equipment from Harris County will allow a fully joint election, so that city and school races, as appropriate, will be reflected on the same ballot. Early voting will take place at two locations: the Council Chamber in City Hall and the Administrative Offices of Goose Creek CISD. Sharing between the two entities will reduce the cost for equipment rental and election personnel. This agreement will be presented at a later meeting. Similarly, the contract with the County for rental of the necessary election equipment will be presented at a later meeting. Council Member Murray moved adoption of the proposed ordinance. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9985 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 7T" DAY OF MAY, 2005, FOR THE PURPOSES OF ELECTING THREE COUNCILMEMBERS FROM DISTRICT NOS. ONE, TWO AND THREE; ESTABLISHING A DATE FOR A RUNOFF ELECTION; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Consider Proposed Ordinance No. 050127 -2, awarding a professional services contract for the design of the Needlepoint Road Elevated Water Storage Tank Project. Proposed Ordinance No. 050127 -2 awards a professional services contract to Claunch & Miller, Inc., (CMI) for the design of the Needlepoint Road Elevated Water Storage Tank Project. Compensation for both basic and additional services will not exceed a total of $207,050. Reimbursable expenses will not exceed $7,500 and surveying will not exceed 57,150. Geotechnical investigation will be $4,400. This project will also require inspection services which will not exceed $48,000. Additional services, as authorized, will not exceed $10,000. The total basic services will not exceed $130,000. The scope of work for this project includes the design of a one million gallon elevated above ground water storage tank along Needlepoint Road to serve the northeast sector of the City. This new tank will ensure that there will be adequate water pressure for development within the new Northeast Wastewater Treatment Plant Page 6 of 13 Minutes of the Regular Session — January 27, 2005 service area. This contract will also include bidding phase services as well as construction phase services. In addition, CMI will also prepare a detailed cost estimate for the project. The 2005 adopted budget includes $100,000 funding from the 1998 Certificates of Obligation. Advance funding for design services is required for $130,000 from the Capital Improvement Program Fund until bonds are sold for the next year of the bond program. Contingency funds are included in the additional funding. The City has maintained a superior water quality rating and TCEQ standards recommend a new tower based on current connections and growth in the City. The Architect & Engineer Committee selected CMI for this project. Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2004 -2005 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FUNDS FROM THE CAPITAL IMPROVEMENT PROGRAM FUND FOR THE DESIGN OF THE NEEDLEPOINT ROAD ELEVATED WATER STORAGE TANK PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH CLAUNCH & MILLER, INC., FOR THE DESIGN OF THE NEEDLEPOINT ROAD ELEVATED WATER STORAGE TANK PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVEN THOUSAND FIFTY AND NO /100 DOLLARS ($207,050.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050127 -3, approving Change Order No. 2 to approve final payment and release retainage to Insituform Technologies Inc., and accepting the Big Missouri Lift Station and Force Main Project. Proposed Ordinance No. 050127 -3 approves Change Order No. 2 to adjust final quantities, approves final payment in the amount of $64,490.75 for the release of retainage to Insituform Technologies, Inc., and accepts the Big Missouri Lift Station and Force Main Project. The original contract was $1,288,351 and the contract duration was 200 calendar days. Change Order No.l, approved administratively, for additional storm sewer work at the northwest corner of Missouri and Oklahoma Street, increased the contract amount to $1,293,236.20. Change Order No. 2 is a balancing change order and reduces the final contract amount by $3,421.29 to $1,289,814.91, which represents a 0.27% decrease in the approved contract price. The cost savings was largely due to an adjustment of final quantities on various bid items. The contractor substantially completed the project in the required allotted time and the workmanship was satisfactory. This project was funded by CIP Funds. Page 7 of 13 Minutes of the Regular Session — January 27, 2005 Council Member Sheley moved adoption of the proposed ordinance. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9987 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH INSITUFORM TECHNOLOGIES, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE BIG MISSOURI LIFT STATION AND FORCE MAIN PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY -FOUR THOUSAND FOUR HUNDRED NINETY AND 75/100 DOLLARS ($64,490.75) TO INSITUFORM TECHNOLOGIES, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 0501274, approving a new pipeline permit for Air Products, L.P. Proposed Ordinance No. 050127 -4 approves a pipeline permit for Air Products, L.P. to install a new 10 -inch hydrogen gas pipeline beneath Emmett Hutto Blvd, Garth Road, and Baker Road. The pipeline will cant' hydrogen gas with a maximum operating pressure of 840 PSIG and a minimum test pressure of 1,372 PSIG. The carrier pipe has an outside diameter of 10.75- inches and a wall thickness of .365 - inches. The pipe will include 12 -14 mils fusion bond epoxy coating. The pipeline will be installed and constructed by Mustang Engineering, L.P. ExxonMobil owns the easement through which this pipeline will be routed. Council Member Sheley moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9988 AN ORDINANCE APPROVING THE APPLICATION OF AIR PRODUCTS, L.P., FOR A NEW PIPELINE TO BE CONSTRUCTED WITHIN THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING AND INSPECTIONS TO ISSUE PERMITS THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8 of 13 Minutes of the Regular Session — January 27, 2005 Consider Proposed Resolution No. 050127 -1, approving the Preliminary Official Statement for Sale of City of Baytown's General Obligation Bonds, Series 2005. Official action of Council is necessary to schedule the bond sale subject to additional changes. This is standard practice to proceed without the necessity of further Council action prior to the sale date. Before the sale, Council will take official action to approve and ratify actions necessary to affect the sale. Council Member Murray moved adoption of the proposed resolution. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1698 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR SALE OF CITY OF BAYTOWN, TEXAS GENERAL OBLIGATION BONDS, SERIES 2005; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss the process for memorial designation of Decker Drive as the Veterans Memorial Highway Bob Leiper, Deputy City Manager, explained that Spur 330 could be designated as Veterans Memorial Highway by either a resolution of City Council, which upon approval by the Texas Department of Transportation, would be signed at city expense, or by action of the state legislature that would be completely at state expense. Council Member Murray moved that the state representative be requested to take action to designate Spur 330 as Veterans Memorial Highway. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Discuss and take appropriate action regarding a request from Bayland Island Development to add 1.818 acres of additional property to the current ground lease agreement. Page 9 of 13 Minutes of the Regular Session — January 27, 2005 Mr. Jackson explained that Bayland Island Development requested an amendment to the ground ' lease on Bayland Island to allow room to add outdoor improvements. The proposal is beneficial to the area. The change would limit the City's maintenance responsibility. Mr. Leiper explained the existence of the wetlands area, coastal conservation easement on the Island, and the jurisdictional wetlands near or in the area requested by Bayland Island Development. He explained that because the City owns the property, it will be responsible for any activity that requires a U. S. Army Corp of Engineers permit. Mr. Jackson added that if the amendment is approved, the area included in the amended lease must be excluded from the common area in the original ground lease and the marina lease. Council Member Murray stated that any amendment must include requirements relating to permitting from the Corp of Engineers and clearly define the impact on the common area. Jack Adcox, Bayland Island Development, explained that the amended lease is requested for the installation of a volleyball beach, a volleyball pool, showers and restroom, and 25 T- piers. Council Member Mahan moved that staff prepare a draft lease amendment containing the details of the discussion. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Discuss and take appropriate action regarding the Youth Advisory Commission Summit. Mr. Jackson stated that LaPorte is hosting a Youth Advisory Council Summit in February. The summit can be attended by staff, Council, and youth representatives. Council Member Sheley noted that the summit is a Texas Municipal League sponsored event. Attendance could form the foundation for creation of a Youth Advisory Commission in Baytown. Council Members Mahan, Ward, and Murray supported participation in the summit and work with Goose Creek Consolidated Independent School District toward the creation of a Youth Advisory Commission. Consent Agenda a. Proposed Ordinance No. 050127 -5 authorizes the issuance of Baytown Area Water Authority Water Supply Contract Revenue Bonds, Series 2005 in the amount of $13,290,000 (City of Baytown Project), for system improvements; accepting the terms and conditions of such resolution; providing for continuing disclosure with respect to such bonds. The bonds will finance the expansion of and improvements to the Authority's surface water treatment facility. Page 10 of 13 Minutes of the Regular Session – January 27, 2005 b. Proposed Ordinance No. 050127 -6 amends Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated," Schedule VIII "Designation —Stop and Yield Intersections," of the Code of Ordinances, City of Baytown, to designate the intersection of Virginia and Georgia Streets as an all -way stop. A traffic flow condition exists at the intersection of Virginia and Georgia Streets at San Jacinto Elementary School. Virginia is a one -way street in front of the school and also has a stop sign at its intersection with Georgia. Traffic backs up at the intersection due to limited access and three lines of traffic attempting to gain access to the school. An all - way stop will ease confusion about the right of way and will allow for a safer intersection for students. On November 4, 2004, a temporary trial of an all -way stop was implemented at the intersection. On December 7, 2004, Rachel V. De Leon, Principal of San Jacinto Elementary School contacted Traffic Coordinator Mike Kuykendall to the thank the City for this temporary measure. This recommendation was forwarded to the Planning and Zoning Commission. On December 15, 2004, the Planning and Zoning Commission recommended that Council approve the designation of the intersection of Virginia and Georgia Streets as an all -way stop. C. Proposed Ordinance No. 050127 -7 establishes the amount of a bond or other form of security necessary for the relocation of the Pipeline No. P- 2002 -001 owned by Buckeye Gulf Coast Pipe Lines, L.P. City ordinance requires the posting of a bond prior to pipeline construction in a City right -of -way. Buckeye Gulf Coast Pipe Lines, L.P. will be relocating a pipeline under Bayway Drive to eliminate a conflict with a sanitary sewer line. The City Engineer has determined the value of the project to be $120,000 and recommends a bond requirement for that amount. Council Member Ward moved adoption of the consent agenda, items a through c. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9989 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A RESOLUTION AUTHORIZING THE ISSUANCE OF BAYTOWN AREA WATER AUTHORITY WATER SUPPLY CONTRACT REVENUE BONDS, SERIES 2005 (CITY OF BAYTOWN PROJECT); ACCEPTING THE TERMS AND CONDITIONS OF SUCH RESOLUTION; PROVIDING FOR CONTINUING DISCLOSURE WITH RESPECT TO SUCH BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Page 11 of 13 Minutes of the Regular Session — January 27, 2005 ORDINANCE NO. 9990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED" AND SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO DESIGNATE THE INTERSECTION OF VIRGINIA AND GEORGIA STREETS AS AN ALL -WAY STOP; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 9991 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING ONE HUNDRED TWENTY THOUSAND AND NO 1100 DOLLARS ($120,000.00) AS THE AMOUNT OF THE BOND OR OTHER FORM OF SECURITY NECESSARY FOR THE RELOCATION OF THE PIPELINE ASSOCIATED WITH PERMIT NO. P- 2002 -001 OWNED BY BUCKEYE GULF COAST PIPE LINES, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mr. Jackson called Council's attention to the interest rate on the Baytown Area Water Authority bonds in consent agenda item a. The rate is 2.08 %, the lowest rate in the history of Baytown and the lowest rate seen by the Financial Advisor. Consider confirmation of the City Manager's appointee to the Civil Service Commission. The term of Merle Hunt expired on January 1, 2005. This is a three -year term. Ms. Hunt is not eligible for reappointment. Mr. Jackson appointed David Jirrels, and requested Council confirmation. Council Member Murray moved to confirm the City Manager's appointment of David Jin els to the Civil Service Commission. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Consider appointment to the Construction Board of Adjustments and Appeals. The Construction Board of Adjustments and Appeals hears appeals from the decisions of the Chief Building Official and appeals related to the Smoking Ordinance. This appointment is for a vacant position since Jim Starrett declined to be reappointed to the general contractor position. Page 12 of 13 Minutes of the Regular Session — January 27, 2005 Two applications have been received from general contractors expressing interest in serving on this board. This item was not ready for consideration. City Manager's Report. No report was made. Hear Alan Ray Hudgins' appeal of decision of the Planning & Zoning Commission concerning the Thoroughfare Plan. The appeal hearing was called to order at 8:17 p.m. The witnesses, Alan Ray Hudgins and Greg Stubbs were sworn. Opening statements were waived. Mr. Hudgins presented his statement outlining why the decision of the Planning & Zoning Commission concerning the classification of Ferry Road should be reversed or amended. Greg Stubbs presented his evidence supporting the decision of the Planning & Zoning Commission denying Mr. Hudgins' request to change the classification of Ferry Road. Lewis McRee, Chairman of the Planning & Zoning Commission, had signed to speak on the item, declined to speak but was available to answer questions from City Council. After cross - examination of Mr. Stubbs by Mr. Hudgins and cross - examination of Mr. Hudgins by Mr. Stubbs, the hearing was closed at 9:01 p.m. Consider affirming, reversing, or modifying the decision of the Planning & Zoning Commission concerning the Thoroughfare Plan. Council Member Murray moved to affirm the decision of the Planning & Zoning Commission related to the classification of Ferry Road in the Thoroughfare Plan. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Adjourn. Council Member Mahan moved that the meeting adjourn. Council Member Murray seconded the motion. The vote follows: Page 13 of 13 Minutes of the Regular Session — January 27, 2005 Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 9:05 p.m. e