2005 06 23 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
June 23, 2005
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on June 23, 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
Ignacio Ramirez, Sr.
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 Attorney
City Clerk
The meeting was opened with a quorum present. Council Member Murray led the pledge of allegiance
and offered the invocation, after which the following business was conducted:
Consider approval of the minutes for the work session held on June 7, 2005.
Council Member Mahan moved approval of the minutes of the work session held on June 7, 2005.
Council Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider approval of the minutes of the work session and regular session held on June 9, 2005.
Council Member Capetillo moved approval of the minutes of the work session and the regular session
held on June 9, 2005. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
Page 2of17
Minutes of the Regular Session — June 23, 2005
The motion carried.
Consider approval of the minutes for the special meeting held on June 20, 2005.
Council Member Murray moved approval of the minutes of the special meeting held on June 20, 2005.
Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Murray and Sheley.
Mayor Mundinger.
Nays: None
Abstentions: Anderson, Capetillo, Mahan, and Renteria.
The motion carried.
Deliver Certificate of Election and administer oath of office to the newly elected representative of
Council District No. 1.
Hon. Tony Polumbo, Justice of the Peace, Precinct 3, Harris County, Texas, administered the oath of
office to Mercedes Renteria III with his family in attendance. Mayor Mundinger delivered the
certificate of election to Council Member Renteria.
Council Member Renteria thanked his family and others for their support. He noted the strong voter
turnout and that the voters cared about the election. He promised to serve with integrity.
Consider election of Mayor Pro Tem for 2005 -2006.
Section 15 of the Charter provides that the Council shall elect a Mayor Pro Tem who shall act as
Mayor during the absence or disability of the Mayor and, if a vacancy should occur, shall become
Mayor until the next regular election.
Mayor Mundinger suggested that action on this item be postponed until a policy for electing the Mayor
Pro Tem is adopted by the Council
Council Member Renteria moved postponement of election of the Mayor Pro Tem until the July 14,
2005 meeting. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 3 of 17
Minutes of the Regular Session — June 23, 2005
Conduct a public hearing at 6:40 p.m. concerning the strategic partnership agreement with Lake
Municipal Utility District.
Texas Local Government Code, Section 43.0751, 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. This is the second of the public hearings. The first public
hearing was held during the City Council meeting to be held on June 9, 2005. The notice of the public
hearing was published in The Baytown Sun on Tuesday, June 7, 2005, and posted on the City's website
the same day, 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 opened at 6:52 p.m. No one signed to speak. The public hearing was closed at
6:54 p.m.
Conduct the first public hearing on the limited purpose annexation of a 43.8056 acre tract of
land located east of Spring Gully and north of Interstate Highway No. 10 in Harris County,
Texas.
Texas Local Government Code, Section 43.063 requires the City Council to conduct two public
hearings at which persons interested in the annexation are given the opportunity to be heard. This is
the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on
June 7, 2005 and posted on the City's website on the same day, at least twenty and more than ten days
prior to today's date.
The property is proposed to be developed as single - family housing. The annexation ordinance may be
considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days
after the ordinance is passed on its first reading and published.
The public hearing was opened at 6:54 p.m. No one signed to speak. The public hearing was closed at
6:58 p.m.
Page 4 of 17
Minutes of the Regular Session — June 23, 2005
Conduct the second public hearing on the limited purpose annexation of a 43.8056 acre tract of
land located east of Spring Gully and north of Interstate Highway No. 10 in Harris County,
Texas.
Texas Local Government Code, Section 43.063 requires the City Council to conduct two public
hearings at which persons interested in the annexation are given the opportunity to be heard. This is
the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on
June 7, 2005 and posted on the City's website on the same day, at least twenty and more than ten days
prior to today's date.
The property is proposed to be developed as single - family housing. The annexation ordinance may be
considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days
after the ordinance is passed on its first reading and published.
The public hearing was opened at 6:58 p.m. No one signed to speak. The public hearing was closed at
6:59 p.m.
Conduct the first public hearing on the limited purpose annexation of Hunters Chase Section
One, Reserve A; Hunters Chase Section One, Reserve B; Country Meadows Section One,
Reserve A; Country Meadows Section Five, Reserve B; Country Meadows Section Five, Reserve
C; Pine Meadows Section One, Reserve A; and Pine Meadows Section One, Reserve B, located
east of State Highway 146 and south of Interstate Highway No. 10 in Chambers County, Texas.
Texas Local Government Code, Section 43.063 requires the City Council to conduct two public
hearings at which persons interested in the annexation are given the opportunity to be heard. This is
the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on
June 7, 2005 and posted on the City's website on the same day, at least twenty and more than ten days
prior to today's date.
The property is proposed for commercial development. The annexation ordinance may be considered
when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the
ordinance is passed on its first reading and published.
The public hearing was opened at 6:59 p.m. No one signed to speak. The public hearing was closed at
7:01 p.m.
Conduct the second public hearing on the limited purpose annexation of Hunters Chase Section
One, Reserve A; Hunters Chase Section One, Reserve B; Country Meadows Section One,
Reserve A; Country Meadows Section Five, Reserve B; Country Meadows Section Five, Reserve
C; Pine Meadows Section One, Reserve A; and Pine Meadows Section One, Reserve B, located
east of State Highway 146 and south of Interstate Highway No. 10 in Chambers County, Texas.
Texas Local Government Code, Section 43.063 requires the City Council to conduct two public
hearings at which persons interested in the annexation are given the opportunity to be heard. This is
the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on
June 7, 2005 and posted on the City's website on the same day, at least twenty and more than ten days
prior to today's date.
Page 5of17
Minutes of the Regular Session — June 23, 2005
The property is proposed for commercial development. The annexation ordinance may be considered
when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the
ordinance is passed on its first reading and published.
The public hearing was opened at 7:02 p.m. No one signed to speak. The public hearing was closed at
7:03 p.m.
Proposed Resolution No. 050623 -1 and Proposed Ordinances No. 050623 -1 and 050623 -2 were
considered together.
Consider Proposed Resolution No. 050623 -1, granting consent to the inclusion of 120.0428 acres
into Lake Municipal Utility District located within the extraterritorial jurisdiction of the City.
Proposed Resolution No. 050623 -1 grants Lake Municipal Utility District's petition for the inclusion
of 120.0428 acres into its District. Texas Local Government Code, Section 42.042 provides that a
district that supplies fresh water or furnishes sanitary sewer services may not be created (or expanded)
in the extraterritorial jurisdiction of a municipality without the consent of the municipality.
The conditions placed on this expansion are similar to the consents the City has granted for the
creation of other MUDS. The primary distinctions in this consent are:
This is an expansion of an existing MUD (as opposed to a creation), and
The provision of wastewater service is specifically excluded.
On April 14, 2005, the Board of Directors of Lake MUD has presented a petition requesting that the
City grant its consent to the expansion of Lake MUD by its inclusion of an additional 120.0428 acres.
A copy of the petition is included in the packet. The area proposed for the expansion is within the
City's extraterritorial jurisdiction. This action grants consent to the expansion of the district.
Consider Proposed Ordinance No. 050623 -1, approving a strategic partnership agreement with
Lake Municipal Utility District relating to a limited purpose annexation.
Proposed Ordinance No. 050623 -1 approves a strategic partnership agreement with Lake Municipal
Utility District relating to a limited purpose annexation. 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 lII "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.
Page 6of17
Minutes of the Regular Session — June 23, 2005
Consider Proposed Ordinance No. 050623 -2, approving a strategic partnership agreement with
Chambers County Municipal Utility District No.1 relating to a limited purpose annexation.
Proposed Ordinance No. 050623 -2 approves a strategic partnership agreement with Chambers County
Municipal Utility District No. 1 relating to a limited purpose annexation. The proposed strategic
partnership agreement provides as follows:
• that ad valorem taxes will not be levied on the property,
• that Chambers County MUD No. 1 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 and the City will pay the District fifty percent (50 %) of one percent of the sales
and use tax revenues generated within the boundaries of the included property
• that Chambers County MUD No. 1 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.
Council Member Capetillo moved approval of Proposed Resolution No. 050623 -1, Proposed
Ordinance No. 050623 -1, and Proposed Ordinance No. 050623 -2. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
RESOLUTION NO. 1726
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING
CONSENT TO THE INCLUSION OF 120.0428 ACRES OF LAND WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, IN LAKE
MUNICIPAL UTILITY DISTRICT; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 7 of 17
Minutes of the Regular Session — June 23, 2005
ORDINANCE NO. 10,086
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 STRATEGIC PARTNERSHIP AGREEMENT WITH LAKE
MUNICIPAL UTILITY DISTRICT; AND PROVIDING FOR THE EFFECTICE DATE THEREOF.
ORDINANCE NO. 10,087
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 STRATEGIC PARTNERSHIP AGREEMENT WITH CHAMBERS
COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTICE
DATE THEREOF.
Consider Proposed Ordinance No. 050623 -3, awarding a contract for professional services for
final design of the Country Club View Lift Station Rehabilitation Project.
Proposed Ordinance No. 050623 -3 awards a professional services contract in the amount of not to
exceed $26,500 for final design of the Country Club View Lift Station Rehabilitation Project to
Langford Engineering, Inc. (LEI). Compensation for basic and additional services will not exceed
$25,000. The project's reimbursable expenses shall not exceed $1,500. The scope of work for this
project will include the design of all required structural, mechanical, and electrical systems for the
Country Club View Lift Station Rehabilitation Project. The final engineering services for this project
will consist of the design of the wet well lining, the pump pit and required piping, and the electrical
pump controls. The scope of work will also include the installation of a new force main to redirect
flow south to Rollingbrook Drive. The contract will also include bidding phase services, construction
phase services and post construction services. In addition, LEI will also prepare detailed cost estimates
for the rehabilitation project. The A &E Committee approved the use of LEI for these professional
services on June 1, 2005. The 2004 Certificates of Obligation will fund this project.
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, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 8of17
Minutes of the Regular Session — June 23, 2005
ORDINANCE NO. 10,088
AN ORDINANCE OF THE CITY COUNICL 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 LANGFORD
ENGINEERING, INC., FOR FINAL ENGINEERING DESIGN OF THE COUNTRY CLUB VIEW
LIFT STATION REHABILITAION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED TWENTY -SIX THOUSAND FIVE HUNDRED
AND NO /100 DOLLARS ($26,500.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050623 -4, awarding a contract for professional services for
final design of the Craigmont Lift Station Rehabilitation Project.
Proposed Ordinance No. 0506234, awards a professional services contract in the amount of not to
exceed $17,066 for final design of the Craigmont Lift Station Rehabilitation Project to Lockwood,
Andrews, & Newnam, Inc. (LAN). Compensation for basic and additional services will not exceed
$15,878. The project's reimbursable expenses shall not exceed $1,188. The scope of work for this
project will include the design of all required structural, mechanical, and electrical systems for the
Craigmont Lift Station Rehabilitation Project. The final engineering services for this project will
consist of the design of the wet well lining, the pump pit and required piping, and the electrical pump
controls. This effort will also include bidding phase services, construction phase services and post
construction services. In addition, LAN will also prepare detailed cost estimates for the rehabilitation
project. The A &E Committee approved the use of LAN for these professional services on June 1,
2005. The 2002 and 2004 Certificates of Obligation will fund this project.
Council Member Capetillo moved approval of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,089
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 LOCKWOOD,
ANDREWS, & NEWNAM, INC., FOR FINAL ENGINEERING DESIGN OF THE CRAIGMONT
LIFT STATION REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTEEN THOUSAND SIXTY -SIX AND
N01100 DOLLARS ($17,066.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 9 of 17
Minutes of the Regular Session — June 23, 2005
Consider Proposed Ordinance No. 050623 -5, awarding a contract for preliminary professional
engineering design services for the Woodlawn and Raccoon Lift Station Project.
Proposed Ordinance No. 050623 -5, awards a professional services contract in the amount of $31,000
for the investigation and evaluation of the Woodlawn and Raccoon lift stations to Post, Buckley, Schuh
& Jernigan, Inc. Compensation for both basic and additional services will not exceed $30,477. The
project's reimbursable expenses shall not exceed $523. The design scope of work for basic services
includes the investigation and evaluation of the structural, hydraulic, and electrical systems of the
Woodlawn Lift Station. Also included in the preliminary engineering report (PER) is the replacement
of the Motor Control Center Panel at the Raccoon Lift Station. The PER for this project will also
consist of verifying and confirming influent line flows and capacity of the Woodlawn Lift Station. The
report will also include recommendations on rehabilitation methods including pump size and type as
well as detailed opinion's of probable cost for each proposed rehabilitation method. The A &E
Committee approved the use of PBS &J for these professional services on June 1, 2005. The 1998
Certificates of Obligation will fund this project.
Council Member Anderson moved approval of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion canned.
ORDINANCE NO. 10.090
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 POST, BUCKLEY,
SCHUH, & JERNIGAN, INC., FOR INVESTIGATION AND EVALUATION OF THE
WOODLAWN AND RACCOON LIFT STATIONS; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY -ONE THOUSAND AND NO /100
DOLLARS ($31,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050623 -6, approving an extension of the residential waste
collection and disposal contract.
Proposed Ordinance No. 050623 -6 approves a sixty (60) day extension of the residential waste
collection and disposal contract with Waste Management of Texas. This contract is used for pickup of
household garbage and heavy trash and for disposal of the same. The proposed ordinance will provide
for the payment of $282,722.82, from user fees, to Waste Management of Texas. This extension, as
provided for in the contract, is needed to allow time for award of a new contract and to allow for the
contract to coincide with our fiscal year for better budgetary planning.
Page 10 of 17
Minutes of the Regular Session — June 23, 2005
Council Member Murray moved approval of the proposed ordinance. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,091
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
EXTENDING THE CONTRACT FOR THE RESIDENTIAL SOLID WASTE COLLECTION AND
DISPOSAL WITH WASTE MANAGEMENT OF TEXAS FOR SIXTY (60) DAYS;
AUTHORIZING PAYMENT OF TWO HUNDRED EIGHTY -TWO THOUSAND SEVEN
HUNDRED TWENTY -TWO AND 82/100 DOLLARS ($282,722.82); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 050623 -2, approving application to the Office of Domestic
Preparedness for a Staffing for Adequate Fire and Emergency Response Grant, designating the
City Manager as the Authorized Official; and authorizing the City Manager accept any grant
awarded from the application.
Proposed Resolution No. 050623 -2 approves an application to the Office of Domestic Preparedness for
a Staffing for Adequate Fire and Emergency Response Grant in the amount of $348,401.25 for the
Baytown Fire Department with a local match of $348,401.25, designating the City Manager as the
Authorized Official; and authorizing the City Manager to accept any grant awarded from the
application. This grant is 5 year grant with an increasing match as follows: Year 1 $108,000
FEMA/$31,361 Baytown; Year 2 $96,000 FEMA/$43,361 Baytown; Year 3 $60,000 FEMA/$79,361
Baytown; Year 4 $36,000 FEMA/S 103,361 Baytown; and Year 5 $139,361 Baytown. If the grant is
awarded, the Department will have the opportunity to increase our staffing level by three additional
firefighters for 24 -hour staffing. In the 2005 -2006 fiscal year budget, the Fire Department has
requested three additional firefighters as shift - breakers. Funding for the new positions will be
available from overtime savings, if the new positions are approved. If awarded, this grant will provide
funding assistance for these positions.
Council Member Anderson moved approval of the proposed resolution. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 11 of 17
Minutes of the Regular Session — June 23, 2005
RESOLUTION NO. 1727
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE OFFICE OF
DOMESTICE PREPAREDNESS FOR A STAFFING FOR ADEQUATE FIRE AND EMERGENCY
RESPONSE GRANT IN THE AMOUNT OF THREE HUNDRED FORTY -EIGHT THOUSAND
FOUR HUNDRED ONE AND 25/100 DOLLARS ($348,401.25) FOR THE BAYTOWN FIRE
DEPARTMENT; DESIGNATING AN AUTHORIZED REPRESENTATVE; AUTHORIZING THE
REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT
THEREFROM; AUTHORIZING THE CITY'S INCREASING MATCHES THROUGHOUT THE
FIVE YEAR TERM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 050623 -3, granting a petition for annexation of 8.3957 acres of
land in the Ed T. Schaffer Survey (W.C. & R.R.) Survey, Abstract 1224, a part of Lots 11 and 12,
Block 21, Highland Farms Addition, and a part of Lots 14, 15, and 16, Block 7, East End
Addition to Highland Farms, Harris County, Texas located east of Garth Road between West
Lynchburg -Cedar Bayou Road and South Road submitted by CAI, LP, dba Conn's, Inc.
Proposed Resolution No. 050623 -3 grants the petition for annexation submitted by CAI, LP, dba
Corn's, Inc., to annex 8.3957 acres of land in the Ed T. Schaffer Survey (W.C. & R.R.) Survey,
Abstract 1224, a part of Lots 11 and 12, Block 21, Highland Farms Addition, and a part of Lots 14, 15,
and 16, Block 7, East End Addition to Highland Farms, Harris County, Texas located east of Garth
Road between West Lynchburg -Cedar Bayou Road and South Road. The property is proposed to be a
commercial development. The petition has been submitted as a prerequisite for obtaining utility
services.
Council Member Murray moved approval of the proposed resolution. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
RESOLUTION NO. 1728
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING
THE PETITION OF CAI, LP, DBA CONN'S, INC., CONCERNING THE ANNEXATION OF
8.3957 ACRES OF LAND IN THE ED T. SCHAFFER SURVEY (W.C. & R.R.), ABSTRACT 1224,
A PART OF LOTS 11 AND 12, BLOCK 21, HIGHLAND FARMS ADDITION, AND A PART OF
LOTS 14, 15, AND 16, BLOCK 7, EAST END ADDITION TO HIGHLANDS FARMS, HARRIS
COUNTY, TEXAS, LOCATED EAST OF GARTH ROAD BETWEEN LYNCHBURG -CEDAR
BAYOU ROAD AND SOUTH ROAD; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 12 of 17
Minutes of the Regular Session — June 23, 2005
Consider approving plans and specifications and authorizing advertisement to take bids for the
Central District Wastewater Treatment Plant Rehabilitation Project.
Consider approving the plans and specifications and authorizing advertisement to take bids for the
Central District Wastewater Treatment Plant Rehabilitation Project. The scope of work for this project
includes but is not limited to replacement of the final clarifier, mechanical bar screen at the headworks
lift station, by -pass channel at the headworks lift station, and the sludge cake conveyor. Alternate bid
items will include replacing the existing blower building for the Motor Control Center Panel as well as
additional electrical service items. The estimated construction cost for the project is $1,306,000. The
allotted construction duration for the project is 180 calendar days. The 2004 Certificates of Obligation,
the 2005 Texas Water Development Board funds, and Water & Sewer Capital Improvement Program
Fund will fund this project.
Council Member Mahan moved approval of the proposed plans and specifications and authorization
for advertisement for bids. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
Consider approving plans and specifications and authorizing advertisement to take bids for the
Goose Creek Lift Station Rehabilitation Project.
Consider approving the plans and specifications and authorizing advertisement to take bids for the
Goose Creek Lift Station Rehabilitation Project. The scope of work for this project includes but is not
limited to a new valve pit structure, pumping units, valves, piping, and electrical controls. To increase
structural stability, the work also consists of the installation of a new structural liner inside the existing
wet well. The estimated construction cost for the project, which includes a fifteen percent
contingency, is $802,000. The allotted construction duration for the project is 180 calendar days. The
2002, 2003, and 2004 Certificates of Obligation and the 1992 Alternative Minimum Tax Bonds will
fund this project.
Council Member Capetillo moved approval of the plans and specifications and authorization of
advertisement for bids. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 13 of 17
Minutes of the Regular Session — June 23, 2005
Consider approving plans and specifications and authorizing advertisement to take bids for the
Ginger Creek Storm Sewer Outfall Project.
Consider approving the plans and specifications and authorizing advertisement to take bids for the
Ginger Creek Storm Sewer Outfall Project. The scope of work for this project includes but is not
limited to the replacement of the two storm sewer outfall points from the Ginger Creek Subdivision.
Both outfalls have failed and separated from the storm sewer lines. In addition, the existing 60 -inch
corrugated metal pipe (CMP) leading to the south outfall has completely failed and caved in. This 60-
inch pipe is within five feet of an existing foundation. The north outfall consists of a 24 -inch CMP,
which also exhibits pipe separations. The base bid will consist of replacement of both the north and
south outfall points where the failures are. Part of the 60 -inch CMP will include the application of a
structural liner within the pipe itself. Alternate bid items will include repairs to the upstream storm
sewer system utilizing the open cut method where there are additional failures. The estimated
construction cost for the project is $136,744.50. The allotted construction duration for the project is 60
calendar days. The 2002, 2003, and 2004 General Obligation Bonds will fund this project.
Council Member Capetillo moved approval of the plans and specifications and authorization for
advertisement for bids. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consent Agenda
a. Proposed Ordinance No. 050623 -7 approves the first renewal of the annual liquid
chlorine contract with Altivia in the amount of $87,380. The price per ton is $514.
Altivia submitted a written request to renew the current contract for the same pricing,
terms and conditions. This contract is used for chlorination in the City of Baytown's
Wastewater Treatment Plants.
b. Proposed Ordinance No. 050623 -8 approves the first renewal of the annual electrical
motor control center services contract with Baytown Electric Company in the amount
of $50,000. Baytown Electric submitted a written request to renew the current contract
for an allowable Consumer Price Index rate increase of 3.5 %. This annual electrical
motor services contract is primarily used by the Wastewater Treatment Plants and Lift
Stations for control panel board electrical work.
C. Proposed Ordinance No. 050623 -9 awards the annual recycling center services contract to
Waste Management of Texas in the amount of $66,360. Invitations to bid were sent to
six (6) suppliers and two (2) responses and two (2) no -bids were received.
d. Proposed Ordinance No. 050623 -10 authorizes the purchase of a video camera system
for broadcasting City Council meetings and a replacement audio system from Industrial
AudioNideo, Inc., for $25,912. This purchase is for three CCD cameras (two for the
Page 14 of 17
Minutes of the Regular Session — June 23, 2005
Council Chambers, one for the Hullum Conference Room) to broadcast City Council
meetings and other meetings. The new audio equipment will replace the existing
microphones, add two in the Hullum Room and upgrade the existing system to be
compatible for television broadcasts. Industrial Audio/Video, Inc., is a QISV vendor,
thereby satisfying the sealed bid requirement of state law.
Council Member Anderson moved approval of Consent Agenda, items a through d. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,092
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF ALTIVIA FOR THE ANNUAL LIQUID CHLORINE
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
EIGHTY -SEVEN THOUSAND THREE HUNDRED EIGHTY AND NO 1100 DOLLARS
($87,380.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,093
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL
ELECTRICAL MOTOR CONTROL CENTER SERVICES CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY THOUSAND AND NO /100
DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDNG FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,094
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL
RECYCLING CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF SIXTY -SIX THOUSAND THREE HUNDRED SIXTY
AND NO /100 DOLLARS ($66,360.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 15 of 17
Minutes of the Regular Session — June 23, 2005
ORDINANCE NO. 10,095
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF TWENTY -FIVE THOUSAND NINE HUNDRED
TWELVE AND NO /100 DOLLARS ($25,912.00) TO INDUSTRIAL AUDIONIDEO, INC., FOR
THE PURCHASE OF A VIDEO CAMERA SYSTEM FOR BROADCASTING CITY COUNCIL
MEETINGS AND A REPLACEMENT AUDIO SYSTEM; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider appointments to the Baytown Municipal Development District.
The terms of Kitty Allen and Terry Sain expire at the end of June 2005. Each has agreed to serve if
reappointed. Ms. Allen attended 14 of 19 meetings. Mr. Sain attended 13 of 17 meetings since his
appointment.
Council Member Capetillo moved reappointment of Kitty Allen and Terry Sain to the Baytown
Municipal Development District. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider appointments to the Construction Board of Adjustments and Appeals.
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.
City Council was not ready for action on this item.
Consider appointment to the Tow Truck Committee.
Jim Seth has declined reappointment to the Tow Truck Committee. His position is vacant. The term is
a two year term ending in April of 2007. B. C. Hudman has agreed to serve on the Committee if
appointed by City Council.
Council Member Sheley moved appointment of B. C. Hudman to the Tow Truck Committee. Council
Member Murray seconded the motion. The vote follows:
Page 16 of 17
Minutes of the Regular Session – June 23, 2005
Ayes: Council Members Anderson, Capetillo, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None
Abstention: Council Member Mahan.
The motion carried.
Consider appointments to the Houston Area Library System Advisory Council.
Consider reappointment of Carol Bartz as Lay Representative and of Eileen Hall as Alternate Lay
Representative for Sterling Municipal Library on the Houston Area Library System Advisory Council.
These are two -year appointments.
The Houston Area Library System is a consortium of libraries in Southeast Texas. The System
provides training and development opportunities and funding for materials and services to the
individual System members. These appointments will assure that the interests of Baytown and Sterling
Municipal Library are heard, recognized and taken into consideration at the decision making level of
System planning.
Council Member Murray moved appointment of Carol Bartz as Lay Representative and Eileen P. Hall
as Alternate Lay Representative to the Houston Area Library System Advisory Council. Council
Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
City Manager's Report.
National Night Out – August 2, 2005
Budget work sessions — August 1, 6 p.m.; August 2, 9 a.m.; and August 3, 3:30 p.m.
Wayne Gray Sports Complex ribbon cutting —June 29, 2005, 3:30 p.m.
July 4`h Celebration.
Adjourn.
Council Member Mahan moved that the meeting adjourn. Council Member Renteria seconded the
motion. The vote follows:
Page 17 of 17
Minutes of the Regular Session — June 23, 2005
r, 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 7:30 p.m.
Gary V. Smith
City Clerk
00—