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2005 03 10 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 10, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on March 10, 2005, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Sammy Mahan Don Murray Mercedes Renteria III Scott Sheley Sheryl G. Ward Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Anderson 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 recognized Council Member Mahan's father, Eddie Mahan, and wife Elke Mahan, after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on February 24, 2005. Council Member Mahan moved approval of the minutes of the work session and regular meeting held on February 24, 2005. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. Council Member Renteria abstained. The motion carried. Consider Proposed Ordinance No. 050310 -1, authorizing and approving an amendment to the lease of premises concerning a portion of Bayland Island with Angel Brothers Enterprises, Ltd., Bayland Island Development, L.C., and Bayland Island Beverage, Inc. The lease amendments provide additional area for Bayland Island Development, L.C., to develop outside amenities to complement the operation in the former restaurant building. Page 2of18 Minutes of the Regular Session — March 10, 2005 The amendment contains the following provisions: • The ground lease area would be increased by 1.778 acres • The ground lease payment ($1 per month) would not increase. In exchange, Bayland Island Development, L.C., will assume all maintenance responsibilities for the area • Require, prior to any change or improvement, the preparation of a wetlands delineation • Any construction in the ground lease area will require prior written approval from the Council of Baytown, along with applicable Council, State and Corps of Engineers permits Ownership of improvements made in the ground lease area would revert to the Council of Baytown at the termination of the lease. City Manager Jackson informed Council that an updated survey had been provided them at their places. The following person signed to address Council on this item: Tim Hazelwood, 12210 F.M. 2354 Mr. Hazelwood, lessee of the Bayland Island Ship Store, addressed Council regarding the amendment to the lease of premises. He stated that he had to objection, as long as no common ground was involved. He said that he opposed the lease of the levee for finger piers and docks for Tiki Bay Bar & Grill. He expressed concern regarding a potential loss of revenue for the Ship Store, the legal ramifications, and liability and safety issues. Discussion followed regarding ownership of the marina, liability issues, the marina boundaries, the number of slips for which the marina had been permitted and the ownership of them, and the monetary consequences for lessee of the Ship Store if the lease were approved. Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10022 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 AN AMENDMENT TO THE LEASE OF PREMISES CONCERNING A PORTION OF BAYLAND ISLAND WITH ANGEL BROTHERS ENTERPRISES, LTD., BAYLAND ISLAND DEVELOPMENT, L.C., AND BAYLAND ISLAND BEVERAGE, INC., TO PROVIDE ADDITIONAL AREA FOR THE DEVELOPMENT OF OUTSIDE AMENITIES TO COMPLEMENT THE OPERATION IN THE FORMER RESTAURANT BUILDING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 3 of 18 Minutes of the Regular Session — March 10, 2005 Consider Proposed Ordinance No. 050310 -2, awarding the annual mill and overlay contract — 2005. Proposed Ordinance No. 050310 -2 awards a construction contract, in the amount of $1,072,100, to Angel Brothers Enterprises, LTD., for the Annual Mill and Overlay Contract — 2005. Two bids were received and Angel Brothers Enterprises, LTD., is the apparent low bidder. Staff recommends that the Council accept the bid amount of $1,072,100 but only authorize expenditures up to $1,000,000. The scope of work includes milling existing asphalt streets, performing base repairs as necessary, and overlaying the street with new asphaltic concrete. The streets selected for this project will be based on the Pavement Condition Index contained within the Fugro -BRE, Inc., report. This is an annual contract based on minimum $100,000 work orders. The contract also includes a clause that allows renewal for two one -year periods. The Street Maintenance Sales Tax with Advanced Funding from Capital Improvements Projects Fund 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 Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10023 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, INC., FOR THE 2005 ANNUAL MILL AND OVERLAY CONTRACT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED 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. 050310 -3, awarding the annual crack sealing contract — 2005. Proposed Ordinance No. 050310 -3 awards a construction contract, in the amount of $157,500, to SCR Construction Company, Inc., for the Annual Crack Sealing Contract — 2005. Two bids were timely received and SCR Construction Company, Inc., is the apparent low bidder. Staff recommends that Council accept the bid amount of $157,500 but authorize expenditures up to $300,000. The scope of work includes crack/joint sealing with hot poured asphalt rubber to both reinforced concrete roadways as well as asphalt streets. The streets that will be selected for this will be based on the Pavement Condition Index contained within the Fugro -BRE, Inc. report. This will be an annual contract based on minimum $100,000 work orders. The contract also includes a clause that allows renewal for two one -year periods. The Street Maintenance Sales Tax with Advanced Funding from Capital Improvements Project Fund will fund this contract. Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Page 4 of 18 Minutes of the Regular Session — March 10, 2005 Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH SCR CONSTRUCTION COMPANY, INC., FOR THE 2005 ANNUAL CRACK SEALING CONTRACT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED THREE HUNDRED THOUSAND AND NO 1100 DOLLARS ($300,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050310 -4, awarding a professional services contract for the design of the City Hall Expansion Project. Proposed Ordinance No. 050310 -4 awards a professional services contract, in an amount not to exceed $34,000, for architectural and engineering services to Busch, Hutchison & Associates, Inc., (BHA) for the design of the City Hall Expansion Project. The compensation for basic services will not exceed $30,000. The reimbursable expenses will not exceed $2,000 and the geotechnical investigation will not exceed $2,000. The scope of work for this project includes a proposed addition of a computer server room, conference room and general offices at the southwest corner of City Hall. The addition will be between 1,000 and 1,375 square feet. BHA will prepare construction documents including schematic drawings, design development drawings, construction drawings and specifications. They will assist in the bidding process and also provide for construction administration services. This project will be funded from the General Fund Capital Improvement Fund budget. Council Member Sheley moved adoption of the proposed ordinance. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10025 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 BUSCH, HUTCHISON & ASSOCIATES, INC., FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN OF THE CITY HALL EXPANSION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY -FOUR THOUSAND AND NO /100 DOLLARS ($34,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 18 Minutes of the Regular Session — March 10, 2005 Consider Proposed Ordinance No. 050310 -5, approving Change Order No. 3 to the contract for the renovation and expansion of the Wayne Gray Sports Complex. Proposed Ordinance No. 050310 -5 approves Change Order Number 3, in the amount of $17,026.99, to the renovation and expansion of the Wayne Gray Sports Complex Project contract with Morganti Texas, Inc. The change order provides for electrical services changes due to CenterPoint Energy requirements for the secondary power distribution from North Main Street to transformer site. The plans called for the contractor to run conduit from North Main Street to a location behind the Wooster School building and provide a pad mount for a transformer that would be provided by CenterPoint Energy. The contract anticipated that CenterPoint Energy would then pull the service wires and set the transformer to connect to the North Main Street side of the Complex. After several months of negotiations, this option became unacceptable to both the Council and CenterPoint Energy. With this change order, Morganti will run all the secondary feed to North Main Street to connect to CenterPoint Energy's connection. CenterPoint Energy will provide the pole- mounted transformers at no cost to the City. The original contract for the renovation and expansion of the Sports Complex was approved by Council on June 10, 2004, in the amount of $2,143,000. Council approved Change Order No. 1 on September 9, 2004, for $418,000 to add a 60 x 100 foot pavilion and 102 additional parking spaces on the North Main Street side of the Complex. Changer Order No. 2 was approved on October 26, 2004, for $61,831.91 to cover the cost of several items related to the project. Both change orders increased the contract to $2,622,831.91. This third change order, for $17,026.99, will increase the contract to $2,639,858.90. Funding for the project and this change order is available through an Interlocal Agreement with the Baytown Municipal Development District. Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH MORGANTI TEXAS, INC., FOR THE WAYNE GRAY SPORTS COMPLEX PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTEEN THOUSAND TWENTY -SIX AND 99/100 DOLLARS ($17,026.99); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6of18 Minutes of the Regular Session — March 10, 2005 Consider Proposed Ordinance No. 050310 -6, making a change in the City of Baytown's Fiscal Year 2004 -2005 budget for municipal purposes in order to reprogram funds in the Hotel Occupancy Tax Contingency Fund for advertising services in connection with the 2005 Bayou Bowl; authorizing a contract with the Bayou Bowl Association for advertising services in conjunction with the Bayou Bowl and a letter agreement with the Baytown Chamber of Commerce to produce the advertisements. 1. Proposed Ordinance No. 050310 -6 makes a change in the City of Baytown's Fiscal Year 2004- 2005 Budget for municipal purposes in order to reprogram funds in the Hotel Occupancy Tax Contingency Fund for advertising services in connection with the 2005 Bayou Bowl; authorizes a $25,000 contract with the Baytown Area/West Chambers County Economic Development Foundation ( "EDF ") for advertising services in conjunction with Bayou Bowl and a letter agreement for up to $3,000 with the Baytown Chamber of Commerce (the "Chamber") to produce the advertisements. For the past two years, the Bayou Bowl has attracted visitors to the City of Baytown, who stay in hotels and motels, eat at restaurants, and purchase goods and services within the City. The upcoming Bayou Bowl will be broadcasting three times on Fox Sports Southwest in the states of Texas, Louisiana, Oklahoma, New Mexico and Arkansas. Under the letter agreement with the Chamber, the Chamber will: 1. develop one thirty- second television advertisement, which shall provide informative information about the City of Baytown and emphasizes the City's many amenities; 2. obtain the City Council's approval of the developed television advertisement; and, 3. submit to EDF the television advertisement in the fonnat specified by Fox Sports Southwest. Thereafter, pursuant to the contract with EDF, EDF will be required to: 1. purchase five thirty second advertisements on Fox Sports Southwest to be aired during the initial broadcast of the Bayou Bowl as well as any subsequent rebroadcasts and two mid - game broadcast bill boards; 2. obtain on behalf of the City a. signage space between the 40 and 50 yard markers; b. one full -page advertisement in the game program; c. 200 game tickets; d. one customized in -game feature; and e. a Fox Sports interview of a designated representative of the City during the game. 3. submit to the appropriate entity a. the print advertisement to be included in the game program; b. the signage to be displayed on the field between the 40 and 50 yard markers; c. the thirty- second television advertisement developed by the Chamber and approved by the City; and d. the name and contact information of the City's designated representative who will be interviewed during the game. The ordinance amends the City of Baytown's Fiscal Year 2004 -2005 Budget in order to reprogram funds in the Hotel Occupancy Tax Contingency Fund to pay for the above - referenced services of the Chamber and EDF. EDF will be paid $25,000.00 for its services and the Chamber shall be paid a fee not to exceed $3,000 for its services. Page 7of18 Minutes of the Regular Session — March 10, 2005 Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10027 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 IN THE HOTEL OCCUPANCY TAX CONTINGENCY FUND FOR ADVERTISING SERVICES IN CONNECTION WITH THE 2005 BAYOU BOWL; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH THE BAYTOWN AREA/WEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION FOR ADVERTISING SERVICES IN CONNECTION WITH THE 2005 BAYOU BOWL; AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH THE BAYTOWN CHAMBER OF COMMERCE TO DEVELOP A TELEVISION ADVERTISEMENT TO BE BROADCAST DURING THE 2005 BAYOU BOWL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF TWENTY -EIGHT THOUSAND AND NO 1100 DOLLARS ($28,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050310 -7, approving Change Order No. 3 to the contract with Frost Constructors, Inc., for construction of the Emergency Operations Center and Police Academy Construction Project. This change order will increase the contract amount by $24,671. The original contract amount was $2,711,266.35. Change Order No. 1 increased it by $56,083.60 to $2,767,349.95. Change Order No. 2 increased the contract amount $57,865 to $2,825,214.95. Change Order No. 3 will increase the contract amount to $2,849,885.95. This change order includes extending the retaining wall next to the EOC by approximately 50 linear feet. The associated cost is $10,194. Thermal insulation material is necessary for the exterior concrete masonry unit (cinder block) walls of the EOC, for a total additional cost of $4,796. For code compliance, the PA is in need of a firewall, which will cost $9,681. Some of the items requiring the additional work result from errors and omissions on the plans and specifications prepared by the consultant, which the consultant disputes. This change was not considered by the consultant and has to be added as part of the work. As such, the City will seek to resolve the issues with the consultant and, if necessary, will proceed by filing a claim against the consultant's professional liability insurance policy. To avoid costly delays and keep the project moving forward, however, it is suggested that the City fund this change order until such time the matter is resolved. Council Member Ward moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Page 8of18 Minutes of the Regular Session — March 10, 2005 Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH FROST CONSTRUCTORS, INC., FOR EMERGENCY OPERATIONS CENTER AND POLICE ACADEMY CONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -FOUR THOUSAND SIX HUNDRED SEVENTY -ONE AND NO /100 DOLLARS ($24,671.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050310 -8, awarding a construction contract for the renovation of the Bicentennial Park Open Air Theater Repairs and Upgrade. Proposed Ordinance No. 050310 -8 awards a construction contract, in the amount of $50,947, to L & M Contractors for the renovation of the Bicentennial Park Open Air Theater Repairs and Upgrade. Two companies attended the pre -bid conference held on February 23, 2005. Bids were opened at 10:00 a.m. on Wednesday, March 2, 2005. We received two bids and L & M Contractors submitted the apparent low bid. Our architect, Al Busch of Busch, Hutchison and Associates, Inc., has reviewed the bids and recommend that we award the contract to L & M Contractors. The project will repair and replace rotting beams in the roof system, replace the roof with a standing seam metal roof, replace the siding with Hardie Plank and paint the building. Construction is expected to begin in March with completion in April 2005. Construction is expected to take 60 calendar days. Council Member Ward moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH L & M CONTRACTORS, INC., FOR THE RENOVATION OF THE BICENTENNIAL PARK OPEN AIR THEATER REPAIRS AND UPGRADE; AUTHORIZING PAYMENT OF THE SUM OF FIFTY THOUSAND NINE HUNDRED FORTY -SEVEN AND NO /100 DOLLARS ($50,947.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 18 Minutes of the Regular Session — March 10, 2005 Consider Proposed Ordinance No. 050310 -9, prescribing the number of positions within each classification in the Fire Department. The recent retirement of Lieutenant Ickes provides the opportunity to restructure the Prevention Division to more effectively and efficiently manage the Division's critical task. A memorandum from Chief Blake details the proposed changes within the Division. This proposed change does not increase the overall staffing within the Department. It reduces the number of Lieutenants by one and increases the number of Battalion Chiefs by one. The proposed change will add efficiency to the Division by better accountability and coordination for the Division. The cost of this change for the remainder of the budget year is $2,292.96. The prescribed number of positions in each classification is as follows: Fire Chief Assistant Chief 2 Battalion Chief 6 Lieutenant 17 Engineer 15 Fire Fighter 45 Total 86 Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. Council Member Ward commended Fire Chief Shon Blake and his staff for the review and proposed changes which further enables the department to protect the community. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Motion to Reconsider Ordinance No. 10,015 adopted on February 24, 2005, authorizing the City Manager to execute a contract through the Texas Cooperative Purchasing Network for roof replacement, reconstruction of exterior siding and associated weatherproofing and repair of the Bayland Island Ship Store. Ordinance No. 947 established Council's rules of procedure. Section 3 of the resolution prohibits reconsideration of any item if the item has been previously considered and voted on by the Council within the previous six -month period, unless the Council by majority vote waives the restriction. For Council to reconsider its vote at the last meeting, Council must waive the prohibition on reconsideration of the item. Page 10 of 18 Minutes of the Regular Session — March 10, 2005 Council Member Sheley moved to reconsider action taken on February 24, 2005 which authorized the Council to execute a contract through the Texas Cooperative Purchasing Network for roof replacement, reconstruction of exterior siding and associated weatherproofing and repair of the Bayland Island Ship Store. Council Member Renteria seconded the motion. The reason for reconsideration was discussed. It was determined that some Council Members were not comfortable with job order contracting and also considered the cost of the work too high on a square - foot basis. City Manager Jackson and Deputy City Manager Leiper explained the job order contracting process which allows the City to obtain better pricing due to the volume of work that is bid. Council Member Renteria called the previous question. The vote follows: Ayes: None. Nays: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. The motion to reconsider failed to carry. Consider Proposed Ordinance No. 050310 -10, repealing Ordinance No. 10,015 that authorized the City Manager to execute a contract through the Texas Cooperative Purchasing Network for roof replacement, reconstruction of exterior siding and associated weatherproofing and repair of the Bayland Island Ship Store. This item was not considered. Consider Proposed Ordinance No. 050310 -11, authorizing the City Manager to execute a professional services agreement for the design of repairs and rehabilitation of the Bayland Island Ship Store. This item was not considered. Council Member Renteria left the meeting at 7:56 p.m. Consider Proposed Ordinance No. 050310 -12, amending Chapter 70 "Parks and Recreation," Section 70 -5 "Alcoholic beverages," of the Code of Ordinances of the City of Baytown, Texas, to permit the possession and consumption of alcoholic beverages in parks during designated City sponsored or co- sponsored special events or festivals and providing for such designation. To encourage tourism and promote special events and festivals, the proposed ordinance establishes the criteria for an event or festival to be designated for the sale of alcoholic beverages. This item was rws discussed in the work session prior to the meeting. The following person signed to address Council on this item: Page 11 of 18 Minutes of the Regular Session — March 10, 2005 Bobbie Lintelman, 2105 French Place Mr. Lintelman voiced his opposition to permitting the sale of alcoholic beverages during the Long Neck Festival or any other festival or in City parks. Council Member Mahan explained that the ordinance would not allow alcoholic beverages in a pocket park or neighborhood parks, that it was for special events only, and that it would ensure the support of major sponsors for entertainment at qualified festivals. Council Member Ward 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. 10031 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 70 "PARKS AND RECREATION" SECTION 70 -8 "ALCOHOLIC BEVERAGES" TO ALLOW THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY PARKS DURING A CITY SPONSORED OR CO- SPONSORED EVENT WHERE THE CITY HAS UTILIZED HOTEL OCCUPANCY TAX IN FURTHERANCE THEREOF; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050310 -13, repealing Section 6 -3 "Consumption prohibited in certain areas," of Article I "In General," of Chapter 6 "Alcoholic Beverages," of the Code of Ordinances of the City of Baytown, Texas, in the Texas Avenue vicinity. The proposed ordinance repeals the 1980 prohibition on the consumption and possession of alcoholic beverages on the street, sidewalks, alleys, and parking lots within the area bounded by West Pearce Avenue, Whiting Street, West Defee Avenue, and Main Street. This item was discussed in the work session prior to the meeting. Council Member Ward 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. Page 12 of 18 Minutes of the Regular Session — March 10, 2005 ORDINANCE NO. 10032 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 6 "ALCOHOLIC BEVERAGES," ARTICLE I "IN GENERAL," SECTION 6 -3 "CONSUMPTION PROHIBITED IN CERTAIN AREAS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050310 -14, granting a variance to Section 6 -2 "Sales near schools, churches, hospitals, or daycare facilities" of the Code of Ordinances, City of Baytown, Texas, to allow the issuance of temporary permits for the sale of alcoholic beverages in conjunction with the Long Neck Festival. The proposed ordinance will allow the Long Neck Festival to provide for the sale of alcoholic beverages at the venues at the Wetlands Center and along Market Street. Without a variance, the venue is within 300' of the property line to school district property at Lee High School and, therefore, the sale of alcoholic beverages is prohibited. This item was discussed in the work session prior to the meeting. Council Member Ward moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. Council Member Ward commended staff for the research on the topic. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO SECTION 6 -2 "SALES NEAR SCHOOLS, CHURCHES, HOSPITALS, OR DAYCARE FACILITIES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ALLOW THE ISSUANCE OF TEMPORARY PERMITS FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTIES IN AND ALONG MARKET STREET IN CONJUNCTION WITH THE LONG NECK FESTIVAL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF Consider Proposed Ordinance No. 050310 -15, granting variances to Chapter 42 `Health and Sanitation," Article V "Live Outdoor Exhibition" of the Code of Ordinances for the duration of the 2005 Long Neck Festival. Proposed Ordinance No. 050310 -15 extends the limited exception to the bond and fee requirements and grants a variance to time limitations and distance requirements of Chapter 42 "Health and Sanitation," Article V "Live Outdoor Exhibition" of the Code of Ordinances for the duration of the 2005 Long Neck Festival. This action is necessary since the Long Neck Festival is now proposed to extend beyond the two -day limit specified in the ordinance for exception by governmental and non- profit events. This item was discussed in the work session prior to the meeting. Page 13 of 18 Minutes of the Regular Session — March 10, 2005 Council Member Ward 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. 10034 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXTENDING THE LIMITED EXCEPTION TO THE BOND AND FEE REQUIREMENTS OF CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITION' OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, FOR THE DURATION OF THE 2005 LONG NECK FESTIVAL; GRANTING A VARIANCE TO SECTION 42 -286 OF CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITION" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ALTER THE TIME LIMITATIONS AND DISTANCE REQUIREMENTS SPECIFIED THEREIN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050310 -16, designating the Long Neck Festival as a festival qualified for the sale, possession, and consumption of alcoholic beverages on public streets, alleys, and sidewalks, within 1,000 feet of a public school and closing a portion of Market Street and Stadium Street in conjunction with the Long Neck Festival. The Long Neck Festival proposes to use a The Wetlands Center and a portion of Market Street as a venue. It is necessary for Council to temporarily close the street the Festival. Accommodations will be made for facilities located along the affected portion of Market Street to minimize any impact on their operations. Additionally, the Texas Alcoholic Beverage Code provides that an appropriate authority may allow possession and consumption of alcoholic beverages upon a street within the prescribed distance from school property for an event or festival of benefit to community. In as much as the Long Neck Festival will not occur during school hours or activities and because a major venue of the festival, the Wetlands Center, is directly across the street from school property and the adjacent portion of Market Street is proposed as an extension of that venue, this item will allow Council to authorize possession and consumption of alcoholic beverages within a designated area on Market Street. This item was discussed in the work session prior to the meeting. City Manager Jackson asked that Council authorize him to close the street and make arrangements for access to locations on Market Street for the affected churches and businesses. Council Member Mahan 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. Page 14 of 18 Minutes of the Regular Session — March 10, 2005 ORDINANCE NO. 10035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE LONG NECK FESTIVAL AS AN EVENT QUALIFIED FOR THE SALE, POSSESSION, AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC STREETS, PUBLIC ALLEYS, AND PUBLIC SIDEWALKS LOCATED WITHIN 1,000 FEET OF A PUBLIC SCHOOL PURSUANT TO SECTION 101.75(B) OF THE TEXAS ALCOHOLIC BEVERAGE CODE; AUTHORIZING THE CITY MANAGER TO TEMPORARY CLOSE A PORTION OF MARKET STREET AND STADIUM STREET IN CONJUNCTION WITH THE 2005 LONG NECK FESTIVAL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050310 -1, approving the Preliminary Official Statement for Sale of City of Baytown's General Obligation Refunding 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. Rhonda Young, Interim Director of Finance, informed Council that current bond market conditions provide the opportunity for a refunding of a portion of the City's outstanding old bonds into lower interest rates. The refunding will reduce the City's annual debt service payments approximately $68,000 per year. At such assumed interest rates, the total savings over the life of the Refunding Bonds would be approximately $1 million and present value savings would be approximately $750,000. This represents the net savings to the City, after payment of all costs of issuing the Refunding Bonds. If close to the 5% present value cannot be achieved, staff will wait for another opportunity in the market. The City is not at risk for any of the fees if the refunding does not take place. Council commended staff for its money saving efforts. Council Member Murray moved adoption of the proposed resolution. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 15 of 18 Minutes of the Regular Session — March 10, 2005 Consider Proposed Resolution No. 050310 -2, requesting the Texas Department of Transportation to rename the crossing at the access of State Highway Spur 330 and Spring Creek to Slap Out Gully Crossing. State Representative Wayne Smith has asked that Council adopt the proposed resolution to reflect community support for the renaming of the crossing. 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 carved. RESOLUTION NO. 1704 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE TEXAS DEPARTMENT OF TRANSPORTATION TO RENAME THE CROSSING AT THE ACCESS OF STATE HIGHWAY SPUR 330 AND SPRING CREEK TO SLAP OUT GULLY CROSSING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approving a revised list of streets proposed in Work Order #1 for the millfbase repair and overlay project in the street maintenance sales tax program. The bids for this contract work were opened on March 1, 2005. It is recommended that the list of street approved by Council on February 24, 2005 be reduced slightly to ensure that Work Order #1 can be completed within the funds available. City Manager Jackson informed Council that the list had been revised to reduce paving and to meet the bids and funding available. He said that 2,600 feet would be paved in each Council district and that the last street in each district had been moved to Work Order #2. Council Member Murray moved approval of the revised list of streets proposed in Work Order #1 for the mill/base repair and overlay project in the street maintenance sales tax program. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Page 16 of 18 Minutes of the Regular Session — March 10, 2005 Consent Agenda a. Proposed Ordinance No. 050310 -17 supplements Ordinance No. 9985, and orders Branch Early Voting to be held at the Goose Creek Consolidated Independent School District (GCCISD) Administration Building during the Early Voting period of April 20 through May 3, 2005. City Council approved the joint election agreement with GCCISD at the February 24, 2005 City Council meeting. With that agreement in place, it is necessary to supplement the ordinance ordering the election so that Branch Early Voting may be conducted at the GCCISD Administration Building during the Early Voting period provided by Ordinance No. 9985. This will allow voters to go to either City Hall or the GCCISD Administration Building to cast an early ballot. b. Proposed Ordinance No. 050310 -18 awards the first renewal, in the amount of $36,009.00, to Golden Triangle Pipe for the annual fittings, valves, and meter boxes contract. Golden Triangle Pipe submitted a written request to renew the contract for the same pricing, terms and conditions. This annual contract is used by the Utilities Department for the water distribution and water rehabilitation projects, and Public Works for drainage and sewer maintenance (manhole covers, etc.). This contract is specifically designed to stock inventory items in the central warehouse. C. Proposed Ordinance No. 050310 -19 authorizes an agreement with Hugh L. Landrum & Associates, Inc. (HLLA) for the Industrial District Appraisal Services. The City received two proposals for the Industrial District Appraisal Services, both in the amount of $30,500. The City will contract with HLLA to provide a complete list of appraised values for all properties covered by any and all Industrial District Agreements and subject to Industrial District payments. HLLA will also provide advice regarding the effect of pollution control exemptions granted by the Texas Commission on Environmental Quality (TCEQ) as well as any other related exemptions that may be granted by the City of Baytown. The contract price is an increase of $450 over last year. 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. 10036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPLEMENTING ORDINANCE NO. 9985 ADOPTED BY THE CITY COUNCIL ON JANUARY 27, 2005, TO ADD BRANCH EARLY VOTING AT THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT ADMINISTRATION BUILDING; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Page 17 of 18 Minutes of the Regular Session — March 10, 2005 ORDINANCE NO. 10037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL FITTINGS, VALVES AND METER BOXES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -SIX THOUSAND NINE AND NO 1100 DOLLARS ($36,009.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10038 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 CONTRACT WITH HUGH L. LANDRUM & ASSOCIATES, INC., FOR THE APPRAISAL OF PROPERTY WITHIN THE BAYTOWN INDUSTRIAL DISTRICTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THIRTY THOUSAND FIVE HUNDRED AND N01100 DOLLARS ($30,500.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss and take appropriate action relating to the appointment of Associate Municipal Court Judge(s). Mayor Mundinger informed Council that these would contractual positions for the remainder of the current term which expires on January 31, 2006. Council Member Mahan moved appointment of Andy Helms and Kelly Benavides as Associate Municipal Court Judges. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Consider confirmation of the appointment of the Finance Director. Council Member Sheley moved confirmation of the appointment of Rhonda Young as Finance Director. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Page 18 of 18 Minutes of the Regular Session — March 10, 2005 OP, City Manager's Report. City Manager Jackson reminded Council of the special Council meeting to be held on March 24, 2005, beginning at 4:30 p.m. Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. There being no furt her business, the meeting adjourr-'