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2005 06 09 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 9, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on June 9, 2005, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Brandon Capetillo Sammy Mahan Don Murray Mercedes Renteria III Scott Sheley Calvin Mundinger Gary M. Jackson Bob Leiper Kelvin Knauf Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Clerk The meeting was opened with a quorum present. Council Member Capetillo led the pledge of allegiance and offered the invocation, after which the following business was conducted: Consider approval of the minutes of the work session and regular session held on May 26, 2005. Council Member Mahan moved approval of the minutes of the work session and the regular session held on May 26, 2005. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. Citizen Communications: Mark Gonzales, 925 Christopher Lane, President, Baybrook Place Homeowners Association, to address issues related to the safety of children in the subdivision, the speed limit, and the lack of a street light at Hartman and North Main. Mr. Gonzales requested the placement of a street light at the intersection of North Main and Hartman to assist in locating the entrance to the subdivision. Mr. Gonzales requested action to reduce the speed of traffic through the neighborhood for the safety of the children. He related that the detention basin is being developed as a neighborhood park. Page 2 of 12 Minutes of the Regular Session — June 9, 2005 Gary Jackson, City Manager, stated that staff would review the requests and provide a response to City Council and to Mr. Gonzales. Conduct a public hearing concerning the proposed amendment to the Subdivision Ordinance reducing the required number of benchmarks. Texas Local Government Code, Section 212.002 requires that a public hearing be held prior to any change in the regulations affecting subdivisions. The proposal is to reduce the number of benchmarks required. The new technology utilizing global positioning satellite system makes the current benchmark requirement redundant. Notice of the public hearing was published in The Baytown Sun on Friday, June 3, 2005. The public hearing was opened at 6:36 p.m. No one signed to speak. Mr. Jackson stated that the use of the global positioning satellites no longer necessitates benchmarks at the frequency required in the ordinance. The public hearing was closed at 6:40 p.m. Conduct a public hearing at 6:40 p.m. concerning the strategic partnership agreement with Lake Municipal Utility District. Texas Local Government Code, Section 43.075 1, 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. This is the first of the public hearings. The second public hearing will be held during the City Council meeting to be held on June 23, 2005. The notice of the public hearing was published in The Baytown Sun on Tuesday, May 24, 2005, after the 20`h day before the date of the public hearing. The proposed strategic partnership agreement provides as follows: • that ad valorem taxes will not be levied on the property, • that Lake MUD will retain all of its powers and functions related to the property, • that the City will receive sales and use taxes collected within the area of the limited purpose annexation, • that Lake MUD will continue to develop, to own, and to operate and maintain a water, wastewater, and drainage system for the property, • that the City's regulatory authority shall include only Chapter 4 "Adult Commercial Establishments," Chapter 42 "Health and Sanitation," Chapter 82 "Secondhand Goods," Article III "Junk and Automotive Wrecking and Salvage," Chapter 118 "Signs," Article III "Regulations," Division 4 "Location," Subdivision IV "Off- Premise Signs" along with all other provisions regulating Off - Premise Signs, and Chapter 130 "Zoning," and • that the City will provide enforcement of the above ordinances and will provide water and/or wastewater services as established in the existing agreement between the City and the MUD and will provide no other services. The public hearing was called to order at 6:40 p.m. Page 3of12 Minutes of the Regular Session — June 9, 2005 Steve Don Carlos, representative of the property owner, requested to address City Council during the public hearing. Mr. Don Carlos spoke in favor of the strategic partnership agreement. The proposed development will bring 600 new single - family residences to the community. The developer has projects in Houston, Austin, and San Antonio. No commercial development is planned. If commercial development does occur, the strategic partnership agreement will allow the City to collect sales tax. Mr. Jackson stated that the strategic partnership agreement affects only the first 300 feet of the property north of I -10. If no commercial development occurs, dissolution of the strategic partnership agreement may be requested. The wastewater effluent from the development will be directed to the San Jacinto River and not to Slap Out Gully. The water for the development will be delivered directly from the BAWA plant. The public hearing closed at 6:49 p.m. Consider Proposed Ordinance No. 050609 -1, amending Chapter 126 "Subdivisions," Article IV "Improvements," Division 2 "Design Standards," Section 126486 "Survey requirements" Subsection (B) "Benchmarks" of the Code of Ordinances. Currently Chapter 126- 486(b) "Benchmarks," (1) "Required" requires one benchmark for each ten acres of property or fraction thereof for new subdivisions, which has become redundant with new technology. With the City's Global Positioning Satellite system, only one benchmark is needed for a subdivision section. In addition, Section 126- 486(b) "Benchmarks," (4) "Waiver" allows waiver of the requirements of subsection (b) (1) if an existing benchmark falls in close proximity of the proposed development. On May 18, 2005, the Planning and Zoning Commission unanimously recommended approval the proposed change. Council Member Murray moved approval of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,079 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE IV "IMPROVEMENTS," DIVISION 2 "DESIGN STANDARDS," SECTION 126 -486 "SURVEY REQUIREMENTS," SUBSECTION (B) `BENCHMARKS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ESTABLISH THE NUMBER OF BENCHMARKS REQUIRED AND TO ALLOW A WAIVER TO BE GRANTED THEREFOR; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 4 of 12 Minutes of the Regular Session – June 9, 2005 Consider Proposed Ordinance No. 050609 -2, amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated," Schedule V "Designation —Speed Limit Zones" of the Code of Ordinances, City of Baytown, Texas to establish the maximum prima facie speed for the Interstate Highway No. 10 frontage roads within the City of Baytown. The proposed ordinance establishes the maximum prima facie speed for the Interstate Highway No. 10 frontage roads from the Chambers/Harris County line to the western city limits for those portions of the frontage roads within the City of Baytown's corporate limits. The Texas Department of Transportation (TxDOT) completed an Engineering and Traffic Investigation concerning the posted speed along the frontage roads and recommends establishing the speed limit at 50 miles per hour. While City Council may order a traffic study and provide those findings to TxDOT to establish the speed limit at a different rate, the 50 miles per hour speed limit is the only enforceable speed limit. Council Member Mahan moved approval of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria Mayor Mundinger. Nays: None. The motion carved. ORDINANCE NO. 10,080 AN ORDIANCE 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," SCHEDULE V "DESIGNATION —SPEED LIMIT ZONES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR THE FRONTAGE ROADS ALONG INTERSTATE HIGHWAY NO. 10 WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; 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. Consider Proposed Ordinance No. 050609 -3, approving an amendment to the Interlocal Agreement with the Baytown Municipal Development District to provide additional funding for the renovation and expansion of the Wayne Gray Sports Complex. The additional funding is necessary to cover all civil and delay claims and all additional costs related to completion of the project. On December 4, 2003, MDD provided $1,966,000 for the construction of the improvements. After bids were opened, on June 3, 2004, MDD approved an additional $100,000 for construction of the project, and on September 2, 2004, MDD approved an additional $575,000 to Page 5of12 Minutes of the Regular Session — June 9, 2005 allow for the addition of a 60 -foot x 100 -foot covered open -air pavilion, an additional 102 -space parking lot, and the continuation of construction management services. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,081 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 THIRD AMENDMENT TO THE AGREEMENT FOR THE CONSTRUCTION OF THE WAYNE GRAY SPORTS COMPLEX RENOVATION PROJECT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT TO PROVIDE ADDITIONAL FUNDING FOR THE RENOVATION AND EXPANSION OF THE WAYNE GRAY SPORTS COMPLEX; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050609 -4, approving Change Order No. 4 and authorizing a Release and Settlement Agreement with Morganti Texas, Inc., concerning the renovation and expansion of the Wayne Gray Sports Complex. The proposed ordinance approves Change Order No. 4, in the amount of $11,428.41, to the contract with Morganti Texas, Inc. ( "Morganti "), for construction of the renovation and expansion of the Wayne Gray Sports Complex and authorizes a Release and Settlement Agreement, in the amount of $100,000 with Morganti. Change Order No. 4 provides for the reconstruction of an inverted section of pavement in the parking lot and a drain. The inverted section needs to be reconstructed to a crowned section with two additional inlets. During the review process, the City Engineer commented and requested that the architect revise the drawings to include a crowned section in lieu of the inverted one. This request was documented. The change was not made. During construction, the contractor installed the inverted section as shown on the plans. It has now become necessary to reconstruct this section of the parking lot. The cost to perform this work will be a lump sum amount of not to exceed $11,428.41. Due to the architect not fulfilling its contractual obligations, the City will seek compensation from the architect on this change order as well as numerous other issues associated with errors and omissions. Council approved the original contract for the Wayne Gray Sports Complex on June 10, 2004 for $2,143,000. Council approved Change Order Number 1 on September 9, 2004 for $418,000 (this change order was for bid alternates for the pavilion and the parking lot and the cost to construct was the same as the amount bid for the work), Change Order Number 2 for $61,831.91, and Change Order Number 3 for $17,026.99, thereby increasing the contract amount to $2,639,858.90. This change order for $11,428.41 will increase the contract to $2,651,287.31. The original contract duration was 300 calendar days and remains unchanged. The City entered into a contract with Morganti for the construction of the Wayne Gray Sports Complex Renovation Project (the "Project ") on the 10`h day of June, 2004. Morganti has submitted a change proposal request for additional work and delay damages totaling two hundred seventy -nine thousand Page 6 of 12 Minutes of the Regular Session — June 9, 2005 eight hundred seventy -one dollars ($279,871.00). In the proposed release and settlement agreement, the City and Morganti agree to dispose of the entire controversy and dispute for the following consideration: 1. From the City: a. the payment of one hundred thousand dollars ($100,000) on June 10, 2005, and b. the execution of Change Order No. 4 in the amount of eleven thousand four hundred twenty -eight and 41 /100 dollars ($11,428.41). 2. From Morganti: a. the release of the City of any and all claims and causes of action of any kind that currently exist or that may exist in the future that relate in any way to the Project; b. the final completion of the Project on or before June 30, 2005; C. its full cooperation with the City in the investigation, negotiation and resolution any claim that the City may have against the architect associated with the Project. Funding for the project, Change Order No. 4, and the settlement has been provided through the Municipal Development District. Council Member Capetillo moved approval of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,082 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 4 WITH MORGANTI TEXAS, INC., FOR THE RENOVATION AND EXPANSION OF THE WAYNE GRAY SPORTS COMPLEX; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ELEVEN THOUSAND FOUR HUNDRED TWENTY -EIGHT AND 41/100 DOLLARS ($11,428.41); MAKING OTHER PROVISIONS RELATED THERETO; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A RELEASE AND SETTLEMENT AGREEMENT WITH MORGANTI TEXAS, INC., REGARDING THE RENOVATION AND EXPANSION OF THE WAYNE GRAY SPORTS COMPLEX; AUTHORIZING PAYMENT IN THE AMOUNT OF ONE HUNDRED THOUSAND AND N01100 DOLLARS ($100,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050609 -1, amending the City of Baytown Homebuyers Assistance Program Guidelines. The proposed resolution amends the City of Baytown Homebuyers Assistance Program Guidelines to increase the maximum sales price of eligible properties for the City of Baytown Homebuyers Assistance Program from $70,000 to 105,000. The Program currently provides up to $4,500 to first - time homebuyers towards the purchase of a home priced up to $70,000 within the city limits. Due to a Page 7 of 12 Minutes of the Regular Session — June 9, 2005 decline in citizen participation, Staff made a recommendation to the Community Development Advisory Committee (CDAC) to increase the maximum sales price. The CDAC voted to change the maximum sales price from $70,000 to $105,000. This change will not affect the Program's overall budget or the amount of assistance granted to each household Council Member Capetillo moved approval of the proposed resolution. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1721 A RESOLUTION OF THE CITY COUNICL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE GUIDELINES FOR THE HOMEBUYERS' ASSISTANCE PROGRAM TO INCREASE THE MAXIMUM SALES PRICE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050609 -2, pertaining to electric utility stranded cost and true - up proceedings. The Public Utility Commission of Texas ( "PUC ") has conducted proceedings to quantify CenterPoint Energy Houston Electric LLC's stranded costs and other true -up balances. The PUC has also conducted separate proceedings regarding the recovery of the stranded costs and true -up amounts through securitization (i.e., issuance of bonds) and through a competition transition charge. The proposed resolution supports the securitization of all appropriate stranded cost amounts, which should result in a lower interest rate than if a competition transition charge were imposed. It is believed that structuring Centerpoint's recovery in this fashion would ultimately result in a lower cost to the ratepayers. Council authorized the City to join the Coalition on April 8, 2004. The purpose of the Coalition was to participate in the proceedings related to CenterPoint's stranded costs and true -up amounts. It is the recommendation of the Coalition that the Council adopt the proposed resolution. Alton Hall, attorney for the Coalition explained that the proceeding was a consequence of deregulation of the retail electricity market. The legislation allowed for the recovery of stranded costs (lost investment previously approved by the PUC that is not recoverable in the competitive market). The proceeding began last summer. CenterPoint sought the recovery of $4.3 billion. This was reduced to $2.3 billion. The proposed resolution addresses how to recover the stranded costs. The resolution supports recovery through bonds (repayment over 14 years at 4.7% interest) as opposed to a competitive transition charge (bearing 11.075 %). The resolution asks the PUC to adopt the option with the least impact on the ratepayers, the bond mechanism. Page 8 of 12 Minutes of the Regular Session – June 9, 2005 Council Member Murray moved approval of the proposed resolution. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1722 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PERTAINING TO ELECTRIC UTILITY STRANDED COST AND TRUE -UP PROCEEDINGS; PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050609 -3, designating previously undesignated budgeted funds for remediation of the nuisance at Taft Circle apartments. The proposed resolution designates $220,000 from the Capital Improvement Program Fund for remediation of the nuisance at Taft Circle apartments. Council Member Mahan moved approval of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1723 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING FUNDS IN THE COUNCIL INITIATIVES — CAPTIAL IMPROVEMENT PROGRAM FUND FOR POSSIBLE DEMOLITION ACTIVITIES AT TAFT CIRCLE APARTMENTS; AND PROVIDNG FOR THE EFFECTIVE DATE THEREOF. Discuss the report on Bay Oaks Harbor utilities and consider appropriate action related thereto. Mr. Leiper reported that the study of the Bay Oaks Harbor water and wastewater system was completed at a price of approximately $15,000 less than anticipated. The estimated cost to repair the systems to Texas Commission on Environmental Quality standards is $95,000 to $100,000. Additional work will be required on water mains in the Tri-City Beach Road right -of -way. These are public mains and funding will come from utility bonds. Only the work required in the report will be done until the City takes over the utilities. TCEQ must approve the plan and the Texas Attorney General must file the necessary papers to terminate the receivership or transfer it to the City. The proposed Page 9 of 12 Minutes of the Regular Session — June 9, 2005 agreement will allow the City to recover its expenses incurred in rehabilitating the water and wastewater system. The recovery may be by assessments or by a surcharge. The purpose of the item is to inform Council of the progress and to seek guidance before proceeding to a formal agreement with the Property Owners Association and John M. Fultz, the receiver. Mayor Mundinger stated that the Council had expressed consensus on proceeding with the formal agreement. Council Member Mahan commended Mr. Leiper and the staff for their work on the proposal. Ken Ammons, representative of the Property Owners Association, stated the Association's strong support for the proposal. Council Member Mahan moved that staff bring back a formal agreement. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria Mayor Mundinger. Nays: None. The motion carried. Discuss and give staff direction concerning the expansion of the utility bond program. Based on the discussion during the work session preceding the regular session, Mayor Mundinger stated that there was consensus for the expansion of the utility bond program to include an additional five years. Mr. Jackson stated that the staff will continue to prepare the program. Consent Agenda a. Proposed Ordinance No. 050609 -5 authorizes an Industrial District Agreement with U.S. Denro Steels, Inc., d/b /a Jindal United Steel Corporation 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 June 28, 2005. Because the 2002 values are more than the 2004 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. b. Proposed Ordinance No. 050609 -6 awards the housing reconstruction project located at 1301 Magnolia St. to Next Level Construction in the amount of $33,100. This project and its occupants have been approved to participate in the Housing Rehabilitation Program. This house was built in 1948, making it 57 years old. This house was once a duplex. Reconstruction is recommended because the house requires extensive rehabilitation work to bring it into current code compliance. The rehabilitation work write -up estimate was in excess of $30,642.30. Page 10 of 12 Minutes of the Regular Session — June 9, 2005 This house requires major electrical and plumbing upgrades, installation of a central heating unit, sub -floor replacement and replacement of numerous rotten structural members. The windows are not operable in most of the rooms and would require screens. The foundation has shifted to cause the siding seems to separate. The first bath does not provide full use of the facilities and the second bath is not functional. The roof would require additional bracing, due to the fact is built with 2x4's. The funds required to make all the necessary repairs to the house exceeds the rehabilitation limits of $25,000. The house will be reconstructed with a two bedroom, one bath, 890 square foot home. Notice of this project was published in the Baytown Sun and thirteen approved contractors were notified by mail. Also, a notice was posted with Construction Data, which is delivered to over 600 Houston Area contractors. Four bid packages were picked up and three contractors attended the mandatory pre -bid meeting conference. One sealed bid was returned and three No Bids were returned. The lowest bidder was Next Level Construction for the total amount of $33,100. C. Proposed Ordinance No. 050609 -7 awards the bid, in the amount of $75,500, to Affordable Lawn Pros for the annual cleanup and mowing contract for the Health Department. Invitations to bid were sent to thirteen (13) suppliers and nine (9) responses were received. This contract is used by the Health Department of vacant lot mowing and illegal dumpsite cleanup. d. Proposed Resolution No. 050609 -4 authorizes the Chambers County Mosquito Control District to use aerial application methods for the purpose of mosquito control within that portion of Baytown that is within Chambers County. This is an annual requirement of the Federal Aviation Administration (FAA) to obtain approval from various area communities concerning the Chambers County Mosquito Control District's aerial spraying program. Since a portion of the City of Baytown is in Chambers County, the Chambers County Mosquito Control District must obtain this permission to apply pesticides for the purpose of mosquito control in this area. Council Member Anderson moved adoption of the consent agenda, items a through d. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria Mayor Mundinger. Nays: None. The motion carved. Page 1 I of 12 Minutes of the Regular Session — June 9, 2005 ORDINANCE NO. 10,083 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 U. S. DENRO STEELS, INC., DB /A JINDAL UNITED STEEL CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,084 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 NEXT LEVEL CONSTRUCTION FOR THE HOUSING RECONSTRUCTION PROJECT LOCATED AT 1301 MAGNOLIA STREET; AUTHORIZING PAYMENT IN THE AMOUNT OF THIRTY -THREE THOUSAND ONE HUNDRED AND NO /100 DOLLARS ($33,100.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF AFFORDABLE LAWN PROS FOR THE ANNUAL CLEANUP AND MOWING CONTRACT; AUTHORIZING PAYMENT IN THE AMOUNT OF SEVENTY -FIVE THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($75,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1724 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointments to the Construction Board of Adjustments and Appeals. Brandon Capetillo has been elected to City Council, therefore his position as a Member at Large on the Construction Board of Adjustments and Appeals is open. The appointment will be for the unexpired term ending in May of 2007. Also the terms of Jim Starrett (General Contractor) and William A. McElhannon (Engineer) both expired in May of 2003. The positions have been vacant since that time. Council Member Mahan moved the appointment of James A. Davis to the vacant citizen at large position. Council Member Capetillo seconded the motion. The vote follows: Page 12 of 12 Minutes of the Regular Session — June 9, 2005 Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria Mayor Mundinger. Nays: None. The motion carried. City Manager's Report. Council budget surveys and budget schedule. Mr. Jackson reminded Council to return the budget surveys by June 23, 2005. The first week of August is proposed for budget work sessions. The budget will be submitted on July 28, 2005. The public hearing will be held on August 25`^ and the budget is proposed to be adopted on September 8a'. District 1 Runoff Election, Saturday, June 11, 2005. Bayou Bowl, Saturday, June 11, 2005. Canvass, District I Runoff Election, Monday, June 20, 2005, 8 a.m. Mr. Jackson reported that the July 4'h entertainment headliner had elected to exercise the provision in the contract to not appear. Another headliner is being sought. Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Renteria Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:38 p.m. Gary W. Smith p City Clerk