2005 04 14 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 14, 2005
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on April 14, 2005, at 6:30 p.m.
in the Council Chamber of Baytown City Hall with the following in attendance:
Ronnie Anderson
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
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. Boy Scout Troop 93 led the pledge of allegiance.
Council Member Anderson offered the invocation, after which the following business was conducted:
Consider approval of minutes of the special meeting held on March 24, 2005.
Council Member Mahan moved approval of the minutes of the special meeting held on March 24,
2005, corrected to reflect Council Member Ward's attendance. Council Member Renteria seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider approval of minutes of the work session held on April 2, 2005.
Council Member Anderson moved approval of the minutes of the special meeting held on April 2,
2005. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 2 of 16
Minutes of the Regular Session — April 14, 2005
Citizen communication:
Nancy Walding, 122 E. Texas Avenue, Plumwood Townhouse Association, to discuss the condition of
Taft Circle Apartments and request action by the City. Ms. Walding asked the City to find the owner
of the property, determine the violations on the property, and take action to abate the problems.
Mr. Gary Jackson, City Manager, stated that enforcement actions had been taken in the past. Code
violations were presented to the owner. A hearing was held before the Urban Rehabilitation Standards
Review Board and the clubhouse was condemned and demolished. A lien has been placed on the
property. There are eight buildings on the property. It is estimated to cost $60,000 to demolish one
building. The budget contains little funding for demolition. There is undesignated funding that had
been previously suggested to be used to supplement the street program. Demolition of the buildings
will be very costly.
Dennis Heyen, 2200 Buchanan, addressed Council and stated her concern over the condition of the
apartments.
Consider Proposed Ordinance No. 050414 -1, the second reading of the Ordinance annexing
property currently within the extra- territorial jurisdiction of the City of Baytown and being
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 (Bayview).
Proposed Ordinance No. 050414 -1 is the second reading of the Ordinance annexing property currently
within the extra - territorial jurisdiction of the City of Baytown and being 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 (Bayview). Commercial Investment Services is
developing the property as multifamily housing. City Council approved a petition to annex this
property. In accordance with state law, two public hearings were held on the proposed annexation on
January 27, 2004, following publication in The Baytown Sun on January 13, 2005, and posted on the
City's web site on the same date, more than ten days and less than 20 days prior to the public hearings.
This ordinance was approved on its first reading on February 24, 2005 and was published in The
Baytown Sun on February 28, 2005. This is the second and final reading. A map is included in the
packet.
Wayne Hanson, 111 Caldwell, spoke in opposition to the annexation, asserting a surplus of apartment
space in Baytown. Richard Heyen, 2200 Buchanan, had registered to address Council, but surrendered
his time to Mr. Hanson.
Mayor Mundinger noted that the Council must act within the limitations of law. The actions of the
City will be closely reviewed by the federal government.
There was no motion made related to the proposed ordinance.
The proposed ordinance failed.
Mr. Jackson reminded Council of the legal opinions, presented during previous meetings, which
outlined Council's authority and the risks of failing to annex the property. Council is charged with
doing what is best for the City.
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Minutes of the Regular Session — April 14, 2005
Consider Proposed Ordinance No. 050414 -2, placing the 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 (Bayview) in Harris County, Texas, in Council
District No. 4.
Proposed Ordinance No. 050414 -2 places the recently annexed 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 (Bayview) in Harris County, Texas, in Council District No. 4.
Upon annexation property must be placed in the proper Council District. The property is adjacent to
other properties within the City that are situated in Council District No. 4.
Due to failure of the preceding item, this item was not considered.
Consider Proposed Ordinance No. 050414 -5, 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 the cost of eligible administrative support services
associated with the Long Neck Festival.
Proposed Ordinance No. 050414 -5 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 the cost of eligible administrative support services associated with the Long Neck Festival.
In order to provide for the safe and orderly conduct of the Long Neck Festival at the multiple venues,
City staff is required to provide for the public's safety. Members of the Parks & Recreation
Department, Public Works Department, Police Department, Fire Department, Health & EMS
Department, and other departments and divisions will be required to provide services at the Festival.
Reprogramming funds from the Hotel Occupancy Tax Contingency Fund will allow the City to
provide these services without a significant impact on the general fund budget. The estimated
expenses are $63,000.
Kylie Duchie, Superintendent of Recreation for the Parks & Recreation Department, listed the
potential entertainment for the main stage. On Friday, May 13`h, Jon Wolfe, Johnny Dee & the Rocket
88's, and Pat Travers will perform. On Saturday, May 10, Carl Manchaca, Zona Jones, Little River
Band, Django Walker, and Jack Ingram will perform. On Sunday, May 15`h, Blackfoot and
Honeybrowne will perform. Augustin Loredo, Baytown Outdoor, Inc., reported that the following
performers are some of those that will perform at the Wetlands Center and the Nature Center:
Echolost, the Chevys, Gogge, Revelation, Drop Trio, and David Glenn.
Council Member Mahan moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 4 of 16
Minutes of the Regular Session — April 14, 2005
ORDINANCE NO. 10,047
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 THE COST OF ELIGIBLE ADMINISTRATIVE SUPPORT
SERVICES ASSOCIATED WITH THE LONG NECK FESTIVAL; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050414 -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 the cost of promotion services, stage, sound, and lighting
equipment and services, and live music performances associated with the Long Neck Festival;
authorizing the City Manager to negotiate and execute an agreement with Baytown Outdoor,
Inc., for such services.
Proposed Ordinance No. 050414 -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 the cost of promotion services, stage, sound, and lighting equipment and services, and live
music performances associated with the Long Neck Festival; authorizing the City Manager to negotiate
and execute an agreement with Baytown Outdoor, Inc., for such services.
This ordinance would authorize the City Manager to execute a contract with Baytown Outdoor, Inc. for
the following services associated with the 2005 Long Neck Festival:
(1) Promotions; not to exceed $30,000;
(2) Stage, lighting and sound; not to exceed $10,000; and
(3) Live music entertainment; not to exceed $45,000.
Additionally, the contract will provide that Baytown Outdoor, Inc., will reimburse the City from the
gross gate receipts for the cost of the live music entertainment, not to exceed $45,000.
Mr. Jackson stated that the City is negotiating for rain -out insurance at a cost of approximately $8,000.
Council Member Ward moved adoption of the proposed ordinance. Council Member Sheley seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 5 of 16
Minutes of the Regular Session — April 14, 2005
ORDINANCE NO. 10,048
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 THE COST OF PROMOTION SERVICES, STAGE, SOUND,
AND LIGHTING EQUIPMENT AND SERVICES, AND LIVE MUSIC PERFORMANCES
ASSOCIATED WITH THE LONG NECK FESTIVAL; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT BAYTOWN OUTDOOR, INC., FOR SUCH
SERVICES; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED EIGHTY -FIVE
THOUSAND AND NO 1100 DOLLARS ($85,000.00); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Receive presentation concerning and discuss the Comprehensive Plan update and the Unified
Land Development Code.
During the 2004 -2005 budget process, City Council authorized funding to update the City's
Comprehensive Plan and to develop a Unified Land Development Code. Proposals were solicited and
eight were received. A staff committee comprised of the City Manager, Deputy City Manager, City
Engineer, and Director of Planning and Development Services interviewed four of the firms. Based on
the interviews, staff recommends Wilbur Smith Associates to assist with the update of the
Comprehensive Plan and James Duncan and Associates, Inc., to assist with the development of the
Unified Land Development Code. Mr. Jackson stated that it was necessary to include the water and
wastewater master plan, the downtown master plan, the downtown design guidelines, the downtown
market analysis, the economic development strategic plan, and revisions to the zoning ordinance in the
Comprehensive Plan. The estimated time for completion of the comprehensive plan update is twelve
months. The estimated time for completion of the Unified Land Development Code is fifteen months.
Consider Proposed Ordinance No. 050414 -3, authorizing the City Manager to execute a contract
for professional services for the Comprehensive Plan update.
Proposed Ordinance No. 050414 -3 authorizes the City Manager to execute a professional services
contract with Wilbur Smith Associates to assist with the update of the City's Comprehensive Plan. A
staff committee comprised of the City Manager, Deputy City Manager, City Engineer, and Director of
Planning and Development Services interviewed firms and recommends Wilbur Smith Associates to
assist with the update of the Comprehensive Plan.
Gary Mitchell, Wilbur Smith & Associates, addressed the problems the City encountered with his firm
during the development of the 2020 Plan and how those problems had been addressed. Council
Member Murray related his experience with the firm through the Houston Galveston Area Council and
recommended the firm.
Council Member Murray moved adoption of the proposed ordinance. Council Member Ward
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
Page 6 of 16
The motion carried.
Minutes of the Regular Session — April 14, 2005
ORDINANCE NO. 10,049
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH WILBUR SMITH ASSOCIATES, INC., FOR THE 2025
COMPREHENSIVE PLAN UPDATE; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO
EXCEED SEVENTY -FIVE THOUSAND AND NO /100 DOLLARS ($75,000.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050414 -4, authorizing the City Manager to execute a
professional services contract for the development of the Unified Land Development Code.
Proposed Ordinance No. 050414 -4 authorizes the City Manager to execute a professional services
contract with James Duncan and Associates, Inc., to assist with the development of the Unified Land
Development Code. A staff committee comprised of the City Manager, Deputy City Manager, City
Engineer, and Director of Planning and Development Services interviewed firms and recommends
James Duncan and Associates, Inc., to assist with the development of the Unified Land Development
Code.
Lee D. Einsweiler, AICP, James Duncan and Associates, Inc., presented the background and
qualifications of his firm.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,050
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH JAMES DUNCAN AND ASSOCIATES, INC., FOR THE
CREATION OF A UNIFIED LAND DEVELOPMENT CODE FOR THE CITY OF BAYTOWN;
AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY -
FIVE THOUSAND AND NO /100 DOLLARS ($125,000.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050414 -7, amending Chapter 118 "Signs," Article III
"Regulations," Division 4 "Location," Subdivision IV "Off - Premises Signs," Section 118 -358
"New Signs" of the Code of Ordinances, Baytown, Texas, to provide a limited exception from the
off - premise sign prohibition for events sponsored or co- sponsored by the City.
Page 7 of 16
Minutes of the Regular Session — April 14, 2005
Proposed Ordinance No. 050414 -7 amends Chapter 118 "Signs," Article III "Regulations," Division 4
"Location," Subdivision IV "Off- Premises Signs," Section 118 -358 "New Signs" of the Code of
Ordinances, Baytown, Texas, to provide a limited exception from the off - premise sign prohibition for
events sponsored or co- sponsored by the City. The proposed ordinance change would allow City
Council, upon application, to designate a City sponsored or co- sponsored event for use of off - premise
signs at specific locations on City property for a limited duration and size. The action by Council to
designate such an event would include the locations permitted as well and the length of display.
Consider Resolution No. 050414 -1 designating the Cinco De Mayo Concert and associated events
as an event under Chapter 118 "Signs," Article III "Regulations," Division 4 "Location,"
Subdivision IV "Off- Premises Signs," Section 118 -358 "New Signs" of the Code of Ordinances,
Baytown, Texas for which off - premise signs may be placed on city property.
Proposed Resolution No. 050414 -1 designates the Cinco De Mayo Concert and associated events as an
event under Chapter 118 "Signs," Article III "Regulations," Division 4 "Location," Subdivision IV
"Off- Premises Signs," Section 118 -358 "New Signs" of the Code of Ordinances, Baytown, Texas for
which off - premise signs may be placed on city property. This action would authorize the placement of
a sign, up to 4' by 8'in size, at each of the following 12 locations: Market Street at City Hall, West
Main Street at City Hall, Fire Station on Bayway, Pinehurst entrance on Highway 146, Bayland Park
on Business 146, Police Station on North Main, North Little League on Cedar Bayou - Lynchburg,
Animal Control on Highway 146, McElroy Park on West Baker, Central Little League on Garth Road,
Wayne Gray Sports Complex on North Main and Bicentennial Park on Market Street. A map showing
these locations is included in your packet. This approval is contingent upon receipt of the required
application.
Consider Resolution No. 050414 -2 designating the Long Neck Festival as an event under Chapter
118 "Signs," Article III "Regulations," Division 4 "Location," Subdivision IV "Off - Premises
Signs," Section 118 -358 "New Signs" of the Code of Ordinances, Baytown, Texas for which off -
premise signs may be placed on city property.
Proposed Resolution No. 050414 -2 designates the Long Neck Festival as an event under Chapter 118
"Signs," Article III "Regulations," Division 4 "Location," Subdivision IV "Off- Premises Signs,"
Section 118 -358 "New Signs" of the Code of Ordinances, Baytown, Texas for which off - premise signs
may be placed on city property. This action would authorize the placement of a sign, up to 4' by 8'in
size, at each of the following 12 locations: Market Street at City Hall, West Main Street at City Hall,
Fire Station on Bayway, Pinehurst entrance on Highway 146, Bayland Park on Business 146, Police
Station on North Main, North Little League on Cedar Bayou - Lynchburg, Animal Control on Highway
146, McElroy Park on West Baker, Central Little League on Garth Road, Wayne Gray Sports Complex
on North Main and Bicentennial Park on Market Street. A map showing these locations is included in
your packet. Additionally, the Long Neck Festival would be authorized to use the banner support
cable over Decker Drive near Sterling Ave. and East Texas Ave. near Sixth Street. This approval is
contingent upon receipt of the required application.
Council Member Sheley moved approval of the proposed ordinance no. 050414 -7, proposed resolution
no. 050414 -1, and proposed resolution no. 050414 -2. Council Member Mahan seconded the motion.
The vote follows:
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Minutes of the Regular Session — April 14, 2005
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,051
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 118 "SIGNS,"
ARTICLE III "REGULATIONS," DIVISION 4 "LOCATION," SUBDIVISION IV "OFF- PREMISES
SIGNS," SECTION 118 -358 "NEW SIGNS" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO PROVIDE A LIMITED EXCEPTION FROM THE OFF - PREMISE SIGN
PROHIBITION FOR EVENTS SPONSORED OR CO- SPONSORED BY THE CITY; PROVIDING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED AND NO 1100 DOLLARS ($200.00); AND PROVIDING FOR
THE PUBLICATION AND THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1710
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DESIGNATING THE 2005 CINCO DE MAYO CONCERT AND ASSOCIATED EVENTS AS A
CITY CO- SPONSORED EVENT FOR WHICH OFF - PREMISE SIGNS MAY BE PLACED ON
CITY PROPERTY PURSUANT TO CHAPTER 118 "SIGNS," ARTICLE III "REGULATIONS,"
DIVISION 4 "LOCATION," SUBDMSION IV "OFF- PREMISES SIGNS," SECTION 118 -358
"NEW SIGNS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON
THE FILING OF THE REQUISITE APPLICATION; DESIGNATING PROPERTIES ON WHICH
SUCH SIGNS MAY BE PLACED CONTINGENT UPON THE FILING OF THE REQUISITE
APPLICATION; PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1711
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DESIGNATING THE 2005 LONG NECK WILDLIFE FESTIVAL AS A CITY CO- SPONSORED
EVENT FOR WHICH OFF- PREMISE SIGNS MAY BE PLACED ON CITY PROPERTY
PURSUANT TO CHAPTER 118 "SIGNS," ARTICLE III "REGULATIONS," DIVISION 4
"LOCATION," SUBDIVISION IV "OFF- PREMISES SIGNS," SECTION 118 -358 "NEW SIGNS"
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF
THE REQUISITE APPLICATION; DESIGNATING PROPERTIES ON WHICH SUCH SIGNS
MAY BE PLACED CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION;
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Prior to Proposed Ordinance No. 050414 -8 being considered, Council Members Anderson, Murray,
and Ward filed affidavits indicating a conflict of interest and did not participate in consideration of the
item.
Page 9 of 16
Minutes of the Regular Session — April 14, 2005
Consider Proposed Ordinance No. 050414 -8, authorizing an agreement with Exxon Mobil
Corporation to construct a sixteen -inch water line in an existing 16 -foot utility easement in the
vicinity of Bayway Drive.
Proposed Ordinance No. 050414 -8 authorizes an agreement with Exxon Mobil Corporation ( "Exxon ")
for Exxon at its sole cost and expense to construct water line in an existing 16 -foot utility easement in
the vicinity of Bayway Drive. Under the Agreement, Exxon will:
➢ submit plans and specifications for the construction and/or installation of the waterline for
the City's approval;
➢ file performance and payment bonds along with requisite insurance certificates;
➢ complete construction of the waterline pursuant to the plans and specifications approved by
the City; and
➢ convey the waterline to the City upon final approval of the same by the City.
Council Member Mahan moved approval of the proposed resolution. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
Abstentions: Council Members Anderson, Murray, and Ward.
The motion carried.
ORDINANCE NO. 10,052
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH
EXXON MOBIL CORPORATION TO CONSTRUCT A WATER LINE IN AN EXISTING 16 -FOOT
UTILITY EASEMENT IN THE VICINITY OF BAYWAY DRIVE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050414 -9, approving a contract amendment for professional
services with de Oplossing, Inc. for construction management services on the new Police
Academy.
Proposed Ordinance No. 050414 -9 approves an amendment to the professional services contract for
construction management services for the Police Academy Project with de Oplossing, Inc. The
original contract amount was for an amount not to exceed $39,102. This amendment will increase the
contract amount by $13,138 to $52,240. Due to the extensive additional work associated with
addressing design issues during construction, de Oplossing, Inc., has spent a considerable amount of
additional time ensuring that the project is moving forward and the City is being protected in obtaining
a quality finished product. Some of the items requiring the additional work results from errors and
omissions on the plans and specifications prepared by the architect, Freese & Nicols, Inc., and not de
Oplossing, Inc. As such, upon completion of the project the City will seek to resolve the issues with
Freese & Nichols, Inc., and, if necessary, may proceed by filing a claim against their professional
Page 10 of 16
Minutes of the Regular Session — April 14, 2005
liability insurance policy. To avoid costly delays and keep the project moving forward, however, it is
suggested that the City fund the contract amendment with de Oplossing, Inc., until such time the
matters are resolved. The scope of work for de Oplossing, Inc., continues to include construction
inspection and surveillance to ensure compliance with the plans and specifications. It also includes
implementation of project controls such as review of pay requests, documentation of project progress,
and performance of change order reviews. CCPD Construction Funds is funding this project. de
Oplossing, Inc., has worked diligently with the City on providing construction management services on
the Wayne Gray Sports Complex and will achieve savings on their contract ranging between $15,000
to $20,000. Although the Wayne Gray Sports Complex is funded through MDD and not CCPD, the
City will see an overall savings by having retained the services of de Oplossing, Inc.
Council Member Ward moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,053
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 THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH DE OPLOSSING, INC., FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE CONSTRUCTION OF THE BAYTOWN POLICE ACADEMY;
AUTHORIZING ADDITIONAL FUNDS IN AN AMOUNT NOT TO EXCEED THIRTEEN
THOUSAND ONE HUNDRED THIRTY -EIGHT AND NO 1100 DOLLARS ($13,138.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 050414 -10, calling two public hearings related to the proposed
limited purpose annexation and Strategic Partnership Agreement with Chambers County
Municipal Utility District No. 1.
Proposed Ordinance No. 050414 -10 calls two public hearings related to the Strategic Partnership
Agreement with Chambers County Municipal Utility District No. 1 (MUD). Texas Local Government
Code, Section 43.0751, requires that the City and the MUD each hold two public hearings before the
adoption of a Strategic Partnership Agreement. At each public hearing, members of the public who
wish to present testimony or evidence regarding the proposed agreement shall be given the opportunity
to do so. The first public hearing is proposed to be held during the City Council meeting to be held on
May 12, 2005. The second public hearing is proposed to be held during the City Council meeting to be
held on May 26, 2005. The notice of each public hearing must be published at least once on or after
the 20`h day before the date of each public hearing.
Council Member Ward moved adoption of the proposed ordinance. Council Member Mahan seconded
the motion. The vote follows:
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Minutes of the Regular Session — April 14, 2005
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,054
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING
DATES, TIMES AND PLACES FOR TWO PUBLIC HEARINGS ON THE STRATEGIC
PARTNERSHIP AGREEMENT WITH CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT
NO. 1; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH AND GIVE NOTICE
OF SUCH PUBLIC HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider approving plans and specifications and authorizing advertisement for bids for the Park
Street Elevated Water Tank Rehabilitation Project.
The scope of work includes the application of a new coating system on the interior and exterior of the
tanks. In addition, the contractor will replace the catwalk surrounding the tanks. The estimated
construction cost for the project is 5350,000 and 1998 Certificates of Obligation Bonds will fund the
project. The estimated construction duration is 120 calendar days.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Discuss possible revision to Chapter 14 "Animals," Article I "In General," Section 14-8 "Certain
animals restricted," Subsection (c) "Exceptions" of the Code of Ordinances, Baytown, Texas,
regarding the restriction on the location of livestock and fowl within the city limits.
Mr. Jackson stated that during the last City Council meeting, in response to Mr. Ponder's request for
clarification, Council desired further discussion of the issue. The Legal Department researched the
issue and determined that it can prepare, if desired, an ordinance that would provide an exception to
the livestock and fowl restrictions for an agriculture project by a student in the Future Farmers of
America.
Council Member Murray questioned whether the exception should include junior school students, 4 -H
Clubs, and private school students.
Mia Gonzales, Robert E. Lee High School Future Farmers of America, explained that participation in
livestock shows was open to both public and private school students and members of 4 -H and FFA
may show.
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Minutes of the Regular Session — April 14, 2005
Council Member Anderson stated that the exception should allow supervision by an adult in the 4 -H
Club or FFA.
Council Member Murray stated that the regulation should address the supervision of the project, not
who is allowed to show during a fair. He further commented that the use of the words "lot or tract"
was too indefinite.
Mayor Mundinger expressed concern over adoption of an exception that would allow livestock and
fowl in all neighborhoods. He spoke to preserve neighborhood integrity.
Council Member Sheley suggested that the size of the lot will limit the animal raised. He questioned
the additional burden that the proposed exception would place on City staff in enforcement.
Mayor Mundinger noted that most, if not all, deed restrictions prohibit livestock and fowl.
Council Member Murray stated that some deed restrictions may not be enforceable. He stated a
preference for pre - approval by the neighbors.
Mayor Mundinger suggested referral of the matter to the Planning & Zoning Commission for its
recommendation.
Council Member Mahan noted that deed restrictions are hard to enforce.
Dennis Wells, Information Technology Department, stated that other cities limit livestock and fowl by
deed restrictions, rate the area of the lot by the size of the animal, require a permit and inspection, and
require supervision, management, and written reports.
Council stated a desire for more information.
Discuss and take appropriate action relating to the televising of City Council meetings and rules
for a municipal channel.
Mayor Mundinger stated that the item will be carried forward to the next agenda to allow staff to
gather additional information as requested during the discussion during the work session.
Discuss and take appropriate action regarding the future of the Harris County Organized Crime
and Narcotics Taskforce.
Byron Jones, Chief of Police, had briefed City Council during the work session prior to the meeting.
He recommended that the City, as grantee, elect to end or dissolve the task force project on May 31,
2005 (the grant year end date), to not seek further grant funding and assistance, to seek approval of the
Criminal Justice Division to retain the generated program income to be expended to continue to pay
the salaries of the task force employees through the end of September 2005 at the current percentage,
to share the assets with the task force participating entities through allowing the employees to take the
vehicles and minor equipment assigned to them. The City, as grantee, will retain the balance of the
generated program income to transition the task force employees and pay the expenses of wrapping up
the activities of the task force, such as evidence preservation, and rental payments.
Page 13 of 16
Minutes of the Regular Session — April 14, 2005
Council Member Anderson moved adoption of the second option recommended by staff. Council
Member Ward seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Consent Agenda
a. Proposed Ordinance No. 050414 -11 awards the bid for the annual oil and grease
contract in the amount of $27,739.20, to Apache Oil Company. Invitations to bid were
sent to seven (7) suppliers and four (4) responses and one no -bid were received.
b. Proposed Ordinance No. 050414 -12 authorizes an Industrial District Agreement with
Seapac, Inc., for a seven -year period. The first payment pursuant to this agreement was
for the tax year 2003, as its prior agreement with the City expired on August 27, 2003.
Since' the expiration of the prior Industrial District Agreement, Seapac, Inc., has made
industrial district payments pursuant to its expired contract at a 50% industrial district
payment rate and the actual value of property. The proposed contract establishes not
only a base year value but also a different industrial district payment rate for 2004.
Therefore, the City will perform a true -up to ensure that the correct amounts were paid
pursuant to the proposed agreement for tax years 2003 and 2004.
Under the proposed agreement, the 2004 values will serve as the base year since the
2004 values, which are the values most recently certified and/or approved as of the date
of the proposed agreement, are greater than the 2002 values. The agreement is in
conformity with the policies adopted by the City Council for companies, which had an
industrial district agreement in effect on July 26, 2003, in the City's industrial districts.
C. Proposed Ordinance No. 050414 -13 authorizes an Industrial District Agreement with
Air Products, L.P., for a seven -year period. The first payment pursuant to this
agreement will be for the tax year 2005, as its prior agreement with the City will expire
on April 23, 2005. Because the 2004 values, which are the values most recently
certified and/or approved as of the date of the agreement, are less than the 2002 values,
the 2002 values shall serve as the base under the agreement. The agreement is in
conformity with the policies adopted by the City Council for companies, which had an
industrial district agreement in effect on July 26, 2003, in the City's industrial districts.
d. Proposed Ordinance No. 050414 -14 approves an interlocal agreement with Hams
County, Texas to provide the eSlate election equipment for use in the May 7, 2005
election. The services provided by the County under the agreement includes the rental
of the equipment, training of election officials and technical personnel, delivery of the
equipment, mandated testing of the equipment, preparation of the ballots for use with
the equipment and the provision of ballots for early voting by mail. The amount to be
paid to Harris County is currently estimated to be $5,485.29. A deposit of $3,291.18
was required.
Page 14 of 16
Minutes of the Regular Session — April 14, 2005
Council Member Sheley moved adoption of the consent agenda, items a through d. Council Member
Ward seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,055
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 APACHE OIL COMPANY FOR THE ANNUAL OIL
AND GREASE CONTRACT; AUTHORIZING PAYMENT IN THE AMOUNT OF TWENTY -
SEVEN THOUSAND SEVEN HUNDRED THIRTY -NINE AND 20/100 DOLLARS ($27,739.20);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,056
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL
DISTRICT AGREEMENT WITH SEAPAC, INC.; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
ORDINANCE NO. 10,057
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL
DISTRICT AGREEMENT WITH AIR PRODUCTS, L.P.; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,058
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 AGREEMENT WITH HARRIS COUNTY FOR THE USE OF ITS
ELECTRONIC VOTING SYSTEM FOR THE CITY'S MUNICIPAL ELECTION TO BE HELD ON
MAY 7,2005; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider confirmation of City Manager's appointees to the Baytown Library Board.
Consider confirmation of City Manager's appointees to the Baytown Library Board. The term of
Pamela Medellin expired on March 1, 2005. Dr. Medellin has served three terms and is not eligible for
reappointment. Also, Kathy Barnett has resigned due to her relocation to the Tyler area.
Page 15 of 16
Minutes of the Regular Session — April 14, 2005
Council Member Sheley moved confirmation of Zoe Krizak appointment to the Baytown Library
Board. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider appointment of a representative to the H -GAC Flood Management Council.
The H -GAC Board of Directors created the Flood Management Council to address intedurisdictional
flooding issues in the H -GAC region. The City has been asked to appoint a member to the Council.
Council members will be engineers, floodplain administrators, flood control directors, and public
works directors.
Council Member Anderson moved appointment of Kevin Byal, Floodplain Manager to the H -GAC
Flood Management Council, with Bill Pedersen, City Engineer, serving as his alternate. Council
Member Ward seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
City Manager's Report.
Texas Avenue Re- striping public meeting, 7 p.m. April 12, Moler Hall, Lee College. Mr.
Jackson reported that the meeting was well attended. Four alternates were presented and the
attendees selected the configuration with 22.5 degree angle parking with ten -foot driving lanes.
A public meeting will be held during the next City Council meeting.
Special Olympics, Saturday, April 16, Pete Sultis- Memorial Stadium.
Mr. Jackson reported that a committee consisting of Greg Stubbs, Director of Planning and
Development Services, Bob Leiper, Deputy City Manager, Al Busch, engineer, and Council
Member Sheley reviewed the proposals for the downtown design guidelines development and
recommend H3 Studios of St. Louis, Missouri.
Council Member Anderson moved approval of the selection of H3 Studios for development of
the downtown design guidelines. Council Member Murray seconded the motion. The vote
follows:
Page 16 of 16
Minutes of the Regular Session — April 14, 2005
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carved.
Adjourn.
Council Member Ward moved that the meeting adjourn. Council Member Murray seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 8:20 p.m.
City Clerk \4
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