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
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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.
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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'
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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,
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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