Loading...
2005 07 14 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 14, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on July 14, 2005, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Council Member Brandon Capetillo Council Member Sammy Mahan Council Member Don Murray Council Member Scott Sheley Council Member Calvin Mundinger Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk Absent was: Mercedes Renteria III, Council Member. The meeting was opened with a quorum present. Council Member Anderson 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 and regular session held on June 23, 2005. Council Member Capetillo moved approval of the minutes of the work session and regular session held on June 23, 2005. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider approval of the minutes of the work session held on June 29, 2005. Council Member Murray moved approval of the minutes of the work session held on June 29, 2005. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 2 of 13 Minutes of the Regular Session — July 14, 2005 Citizen Communication: Bertha Benavides, 1417 Oak Street, Baytown, to address the restrictions in the Sign Ordinance relating to garage sale signs. Ms. Benavides did not appear to address City Council. Conduct the first public hearing on the proposed 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 Highland Farms, Harris County, Texas located east of Garth Road between West Lynchburg -Cedar Bayou Road and South Road requested by the owner, CAI, LP., dba Conn's, Inc. 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 30, 2005 and posted on the City's website on June 28, 2005, at least twenty and more than ten days prior to today's date. The property is owned by CAI, LP., dba Conn's, Inc., and 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. ' Council approved the petition for annexation on June 23, 2005. The public hearing was opened at 6:34 p.m. No one signed to address Council during the public hearing. The public hearing was closed at 6:36 p.m. Conduct the second public hearing on the proposed 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 Highland Farms, Harris County, Texas located east of Garth Road between West Lynchburg -Cedar Bayou Road and South Road requested by the owner, CAI, LP., dba Conn's, Inc. 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 30, 2005 and posted on the City's website on June 28, 2005, at least twenty and more than ten days prior to today's date. The property is owned by CAI, LP., dba Conn's, Inc., and 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. Council approved the petition for annexation on June 23, 2005. The public hearing was opened at 6:36 p.m. No one signed to address Council during the public hearing. The public hearing was closed at 6:37 p.m. Page 3 of 13 Minutes of the Regular Session — July 14, 2005 Conduct a public hearing on the request of John M. McGill to amend the Official Zoning map of the City of Baytown to rezone property legally described as Country Club Village, Block 1, Lots 1 through 4, Harris County, Texas from Mixed Use to Neighborhood Conservation. The Planning and Zoning Commission met on June 15, 2005, and voted, with one abstention, to recommend approval of the request for the reclassification of property described as Country Club Village, Baytown, Harris County, Texas, from Mixed Use (MU) to Neighborhood Conservation (NC). The city received a request from John M. McGill to rezone the 4 lot residential subdivision from MU to NC. The NC district is to preserve and reinforce existing low- density, residential land use patterns and promote high- quality living environment; ensure the provision of adequate light, air, privacy and open space to serve the needs of residents; and ensure land use compatibility and protect residential uses from adverse land use impacts that can occur when high- density residential or nonresidential development is located near residential uses. The MU district allows for a variety of land uses. Based on the staff analysis, the request meets the six criteria for amendment established in the Zoning Ordinance. Notice of the public hearing was published in The Baytown Sun on Thursday, June 23, 2005, more than 15 days before the public hearing. Notice was mailed to all property owners within 300 feet of this location on June 23, 2005, more than 15 days before the public hearing. The public hearing was opened at 6:37 p.m. No one signed to address Council during the public hearing. The public hearing was closed at 6:39 p.m. Consider Proposed Ordinance 050714 -1, amending the Official Zoning Map of the City of Baytown to rezone property legally described as Country Club Village, Block 1, Lots 1 through 4, Harris County, Texas from Mixed Use to Neighborhood Conservation. The Planning and Zoning Commission met on June 15, 2005, and voted, with one abstention, to recommend approval of the request for the reclassification of property described as Country Club Village, Baytown, Harris County, Texas, from Mixed Use (MU) to Neighborhood Conservation (NC). The city received a request from John M. McGill to rezone the 4 lot residential subdivision from MU to NC. The NC district is to preserve and reinforce existing low - density, residential land use patterns and promote high- quality living environment; ensure the provision of adequate light, air, privacy and open space to serve the needs of residents; and ensure land use compatibility and protect residential uses from adverse land use impacts that can occur when high- density residential or nonresidential development is located near residential uses. The MU district allows for a variety of land uses. Based on the staff analysis, the request meets the six criteria for amendment established in the Zoning Ordinance. Council Member Murray moved approval of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 4 of 13 Minutes of the Regular Session — July 14, 2005 ORDINANCE NO. 10,096 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY DESCRIBED AS COUNTRY CLUB VILLAGE, BLOCK 1, LOTS 1 THROUGH 4, BAYTOWN, HARRIS COUNTY, TEXAS, TO RECLASSIFY SUCH PROPERTY FROM A MIXED USE DISTRICT TO A NEIGHBORHOOD CONSERVATION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss and consider establishing a policy for the election of the Mayor Pro Tem. Mayor Mundinger appointed an ad hoc committee to develop a policy for the election of the Mayor Pro Tem. The committee members are Mayor Mundinger and Council Members Murray and Sheley. This item was discussed during the work session prior to the meeting. Council Member Murray suggested that the proposed policy could be changed to provide that, should the Mayor Pro Tem resign the position, the election to fill the vacancy will be held during the second regular city council meeting after the resignation. Council Member Sheley suggested adoption of the policy as proposed and amend the policy at the next meeting. Council Member Murray moved approval of the policy for election of the Mayor Pro Tem as proposed. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider election of Mayor Pro Tem for 2005 -2006. Council was not ready for consideration of this item. It will be included on the agenda of the August 11, 2005 regular City Council meeting. Receive a proposal from Waste Management for solid waste collection and disposal and consider authorizing the City Attorney to draft a contract for residential solid waste collection and disposal services. The proposed five -year contract with Waste Management was discussed at the June 23, 2005 Council meeting and staff was directed to place the item for action on the next meeting agenda. This action will direct the City Attorney to develop a five -year contract for residential solid waste collection and disposal services with Waste Management, Inc. This contract will be presented to Council for consideration at an upcoming meeting. Council Member Sheley moved approval of staff preparing a contract for future consideration for residential solid waste collection. Council Member Murray seconded the motion. The vote follows: Page 5of13 Minutes of the Regular Session — July 14, 2005 Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider Proposed Ordinance No. 050714 -2, approving Change Order No 1, approving final payment to PM Construction & Rehab, L.P., and accepting the Steinman Sanitary Sewer Rehabilitation, Phase II project. Proposed Ordinance No. 050714 -2 approves deduct Change Order No 1 to adjust final quantities, to approve final payment of $21,310.18 to PM Construction & Rehab, L.P., and to accept the Steinman Sanitary Sewer Rehabilitation, Phase II project. The original contract was awarded to PM Construction & Rehab, L.P., for $468,791.50 and the contract duration was 140 calendar days. Change Order No 1 is a balancing change order and reduces the final contract amount by $42,587.96 to $426,203.54, which represents a 9% cost savings. The contractor finished the project in the allotted time and their workmanship was satisfactory. Council Member Capetillo moved approval of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,097 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH PM CONSTRUCTION & REHAB, L.P., TO ADJUST THE FINAL UNIT BID QUANTITITES FOR THE STEINMAN SANITARY SEWER REHABILITATION, PHASE 11 PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -ONE THOUSAND THREE HUNDRED TEN AND 18 /100 DOLLARS ($21,310.18) TO PM CONSTRUCTION & REHAB, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050714 -3, amending Chapter 1 "General Provisions" of the Code of Ordinances, City of Baytown, Texas, by adding a new section to be numbered and entitled Section 1 -16 "Collection fees" to assess the thirty percent collection fee for all adjudicated cases and all unadjudicated Municipal Court cases that occurred after June 18, 2003 and false alarm fees. Page 6 of 13 Minutes of the Regular Session — July 14, 2005 Proposed Ordinance No. 050714 -3 amends Chapter 1 "General Provisions" of the Code of Ordinances, City of Baytown, Texas, by adding a new section to be numbered and entitled Section 1 -16 "Collection fees" to authorize the assessment of a thirty percent (30 %) collection fee for all adjudicated cases and for unadjudicated cases that occurred after June 18, 2003, and false alarm fees that have been outsourced for collection. The fee applies to all cases 60 days past due from the date of summons, appearance date, or judgment date as notified or ordered by the Court. The collection fee does not apply to a case that has been dismissed by a court of competent jurisdiction or to any amount that has been satisfied through time -served credit or community service. The collection fee may be applied to any balance remaining after a partial credit for time served or community service if the balance is more than 60 days past due. Council Member Sheley moved approval of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,098 ( AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 1 "GENERAL PROVISIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 1 -16 "COLLECTION FEES" TO PRESCRIBE A THIRTY PERCENT (30 %) COLLECTION FEE ON CERTAIN ADJUDICATED AND UNADJUDICATED CRIMINAL AND CIVIL OFFENSES THAT HAVE BEEN OUTSOURCED FOR COLLECTION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLCIATION AND THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050714 -4, awarding the Municipal Court Warrant Collection contract. Proposed Ordinance No. 050714 -4 awards the Municipal Court Warrant Collection Contract to Linebarger Goggan Blair & Sampson, LLP. A request for statements of qualifications was published and 9 packets were distributed. The statements were opened on Monday, June 13, 2005. Four firms submitted a statement of qualifications. Based on staff review, Linebarger Goggan Blair & Sampson, LLP., appears to possess the best qualifications for performing the contract. For all fines and fees that became delinquent after June 18, 2003, a 30% collection fee will be added to fund the collection effort. For fines and fees delinquent before that date, Linebarger Goggan Blair & Sampson, LLP., will be paid 15% of the collected amounts. Council Member Mahan moved approval of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Page 7 of 13 Minutes of the Regular Session — July 14, 2005 Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BATYOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR FEES AND FINES COLLECTIONS SERVICES WITH LINEBARGER GOGGAN BLAIR PENA AND SAMPSON, LLP; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED THE THRITY PERCENT (30 %) COLLECTION FEE ESTABLISHED BY SECTION 1 -16 OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor Mundinger recognized "No Mercy" Girls Softball Team who placed third in the District tournament, ninth in the State tournament, and won, in the Regional tournament, the right to compete in the National tournament in Washington State. Consider Proposed Ordinance No. 050714 -5, amending the Personnel Policy Manual, Chapter 8, "Absence," to provide a uniform absence policy for civil service employees and clarifying the vacation transfer policy. Proposed Ordinance No. 050714 -5 updates and amends the Personnel Policy Manual, Section 8, "Absence," to provide a uniform absence policy for civil service employees and clarifies the vacation transfer policy. This proposed change creates equity by having only one tier for vacation accrual for civil service employees as well as miscellaneous revisions to further clarify our rules and regulations. The existing policy provides that civil service employees, hired on or before October 16, 1990, receive a lesser vacation accrual than civil service employees hired after that date. The vacation transfer policy is amended to limit the transfer of vacation time to an employee that has exhausted his or her leave during the family medical leave time. 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 Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 8 of 13 Minutes of the Regular Session — July 14, 2005 ORDINANCE NO. 10,100 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS; AMENDING CHAPTER 8 OF THE CITY OF BAYTOWN PERSONNEL POLICY MANUAL TO REDUCE THE NUMBER OF VACATION TIERS FOR CIVIL SERVICE EMPLOYEES AND TO MAKE OTHER REVISIONS TO FURTHER CLARIFY THE PROVISIONS THEREIN; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Proposed Ordinance No. 050714 - -6 and Proposed Resolution No. 050714 -1 were considered together. Consider Proposed Ordinance No. 050714 -6, amending Chapter 70 "Parks and Recreation," Section 70 -1 "Closing Hours" to establish closing hours for the Baytown Nature Center; Section 70 -2 "Motor Vehicle Operations" to expand the scope of the section to include bicycles and provide some special prohibitions relating to the Baytown Nature Center; Section 704 "Golf' to prohibit golfing in any form in the Baytown Nature Center; Section 70 -7 "Dogs" to prohibit pets of any variety in the Baytown Nature Center; Section 70 -12 "Fires" to prohibit fires within the Baytown Nature Center; Section 70 -13 "Model Cars or Airplanes" to expand the prohibition of model cars or airplanes to include model boats and other remote - controlled devices within the Baytown Nature Center; renumbering Section 70 -17 "Validity of Permits" to Section 70 -20 "Validity of Permits" and amending the same; adding Section 70 -17 "Fishing," Section 70 -18 "Swimming," and Section 70 -19 "Boating" to prescribe rules concerning the use of the Baytown Nature Center. With the request of several citizens, staff reviewed the current operational rules and made the recommendations to the Parks and Recreation Advisory Board. After review by the Parks and Recreation Advisory Board and the Friends of the Baytown Nature Center, the proposed changes are those that are recommended by Parks and Recreation Advisory Board. The proposed changes will make the Nature Center more user - friendly and easier to get around. The changes will also make the rules enforceable. Consider Proposed Resolution No. 050714 -1, repealing Resolution No. 1545 adopting the Baytown Nature Center Park Rules. Proposed Resolution No. 050714 -1 repeals Resolution No. 1545 that originally adopted the Baytown Nature Center Park Rules. Council Member Capetillo moved approval of Proposed Ordinance No. 050714 -6 and Proposed Resolution No. 050714 -1. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. •iapp?q olq ?suodsoi ;saMol luareddu aqj si `•oul `AuEduioo sdo3S pue sadu;S •pantaoaa a�aM sasuodsat (£) aatcl; puE s.iatlddns (L) uanas o; ;uas aiaM pig O; SUOT�E�IAUI 's�u►xiEUZ ;uaivanEd ouuaq; au; .zoo `•oul `�Cu�duio0 sdo3S puE sadulS of `8fi T `6£$ 30 ;unouiE atp u? `ptg at {i spiEME L-t. T LOSO 'oN aouEUipiO pasodoid 'E >3pva9d ;aasvo0 •uoilaE ou xooa puE ;zodai ay; pan ?aoaa I ?ouno0 )�t0 •sl?iutl � ;io unl ;tM IMO3 puE xoo ;sanij 3o uoT ;Fool ati; uo uo ?�ou�sal aq; Sutp.iEga.i saouEUtpjO3o apo0 unno;tCt:g 30 �CI?O at{; 30 «snot ;daoxg„ (o) uo? ;oasgnS «4pa ;ot4sai slEUZ?uE ure;za0„ g -*l uo UoaS «`IEiauaO uI„ I ala ?ud «`slEUx ?ttd„ bl .ta ;dEyO o; saftEt{o Cut: Sutpuauiwooai ;suiE�E �(Isnoiutueun pa�on uotsstwuzo0 atls •sfoaCoad IE.tn ;Inou�E .toy s; ?toil � ;to ail; uttl ;tM autnns 30 Butdaa�l auI MoIIE oI saouEUip�O 3o apo0 unnoiCEg 30 �C)tO auI 30 «soot ;daoxg„ (o) not ;oasgnS «`pa ;oWsai slt:uinre utEaiaO„ g -{,l uoilaaS «`IEiauaO ul„ I alat� «`slEtutttd„ bT .ia�dEgO of ;uauipuatxiE uE puatztiuooaa o; iagaagM passnostp puE `SOOZ `S I aunt uo taut uo ?ssiututo0 �uiuoZ put' 3u ?tiuEld atl1, •s ;Iwll S)la aq; nl Sao ;sanll SulaJaaaoa saaaealpap 3o 3po0 a,ti►o;fgg So CIO aq ; ;o «saol ;daax3„ (a) aot ;aasgng «'pa ;alj;saa slt3w[at3 alE ;aaO„ g -},i aol ;aas «�Igaaaa0 aI„ I alai ;ad «'slewla'V„ yT .ia ;dgg0 0; dal ;Elu aolsslwwo0 galaoZ pag galaagld aq; 30 liodai aq; ssnaslp pa>3 anlaaag '3032I3H.L 3,LVQ 3AI,L03333 3H.L 2I03 JNIQIA02id Quid `•ZOOZ `6 AdW NO 'IIONf100 A1.I0 3H.L AS Q3SSVd SbSi 'ON NOI,Lf1'IOS32i ;}NI'Id3d32I 6SVX3,L `NMO,L1kdg 30A.LI0 3H.L 30 rII3Nf1001UI0 3H,L 30 NOI,Ln'IOS32I d 6ZL i'ON NOI.Lfl'IOS32I '3032i3H.L 3.LNQ 3ALL033d3 dH.L QNd NOI LVOIlE nd 3H.L 2I03 JNIQIA02id Ql�id `(00'OOS$) S21b'I'IOQ 00 i /ON QI�IH Q32IQNnH 3AI3 �o n.L�N3a vvninux�v� d oNIeRIOS3Ma 43sndq0 soNlnds d ol�uNn�.LNOO `3snd�0 JNI'I`d3d32I d JNIQIA02id !Na .LN30 32If1,LwN NMO,LAdg 3H .L 30 3Sn 3H.L JNIN2i30N00 S3'If12I 3SRIOS32id O.L ..JNI.LdOg„ 6i-OL I�IOI.L03S QNd «`JNIY�IY�IIMS„ 8T-OL NOI.L03S «`JNIHSI3„ Li-OL NOI,L03S JNIQQd `3Y�'S 3H.L JNIQN3Y�' QNd «S.LIY1Ri3d 30 1�.LIQI'IdA„ OZ-OL NOI.L03S OZ .,S,LINRI3d 30 1�ZIQI'IdA„ L i-OL NOI.L03S JN12I3gY1inN32i `•2i3.LN30 32if1.LdN NMO.LAdH 3H.L NIH,LLM S30IA3Q Q3'I'IO2I,LN00-3,LOY�I32I 2i3HS0 QI�Id S•LdOg 'I3QOY1i 3Qf1'IONI OZ S3N�''Id2IIb 2i0 S2id0 'I3QOY�I 30 NOI,LIgIH02Id 3H,L QI1�dX3 O.L «S31�Id'Id?II�' QNb' S2id0 'I3QOLII„ £ i -L i NOI.L03S `•2I3.LN30 32If1.LdN NMO.LA�'fl 3H.L NIH.LIM S32II3 .LIgIH02id OZ .S32II3„ ZI-OL NOI.L03S `•2I3,LN30 3?If1.LdN NMO.L1��'g 3H.L NI 1�.L31�INA ANH 30 S,L3d .LIBIHO�Id OZ «SJOQ„ L-OL NOI,L03S `•?I3.LN30 32if1.LdN NMOZ1�dfl 3H,L NI Y1Ri03 1�I�It' NI JNI3'IOrJ ZISIH02Id O.L .3'IOJ„ b-OL NOI.L03S `•2I3,LN30 32In.I,dN NMO.L�dg 3H.L OZ JNI,L�''I32i SNOI.LIHIH02Id 'IdI03dS 3NiOS 3QIA02Id QNd S3'I01i0Ifl 3Qn'IONI O.L NOI.L03S 3H.L 30 3dOOS 3H.L QNddX3 OZ «SNOI.Ld2I3d0 370IH3A 2iO,LOY�i„ Z-OL NOI.L03S `•2I3.LN30 32If1.LNN NMO,LAHg 3H.L 2I03 S�If10H JNISO'IO HSI'IgH.LS3 OZ «S2IfIOH JNISO'IO„ i-OL NOI.L03S «`NOLLd32I032i QI�Id S?I2idd„ OL 2I3.LddHO JNIQI�I3Y�id `SdX3.L `NMO.LA�'S 30 A.LIO 3H.L 30 30NdNIQ2i0 Nb l 0 T `0 i 'ON 30NdNIQ2I0 SOOZ `bi �Clnr - uotssaS .iElit�a�l ail��o sa ;nu?y� £ i 30 6 aBEd Page 10 of 13 Minutes of the Regular Session — July 14, 2005 b. Proposed Ordinance No. 050714 -8 approves final payment of $24,239 to Diversified Coatings, Ltd., and accepts the West Main & James Street Elevated Storage Tanks Rehabilitation project. The original contract was awarded to Diversified Coatings, Ltd., for $477,800. Change Order No 1, approved administratively, added $4,580 for the replacement of the exterior overflow tube and repairs to the man -way and riser on the James Street elevated storage tank. Change Order No 2 was also approved administratively, adding $2,400 for repairs to the revolving ladder, overflow tube and man-way seal on the West Main elevated storage tank. Therefore, the amended contract amount is $484,780, a 1.46% increase. The project was completed for the amended contract amount. The contractor finished the project in the allotted time and their workmanship was satisfactory. Council Member Sheley moved approval of Consent Agenda, items a and b. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF STRIPES & STOPS COMPANY, INC., FOR THERMO PAVEMENT MARKINGS AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -NINE THOUSAND ONE HUNDRED FORTY -EIGHT AND NO 1100 DOLLARS ($39,148.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE IMPROVEMENTS ASSOCIATED WITH THE WEST MAIN & JAMES STREET ELEVATED STORAGE TANKS REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -FOUR THOUSAND TWO HUNDRED THIRTY -NINE AND NO /100 DOLLARS ($24,239.00) TO DIVERSIFIED COATINGS, LTD., FOR SAID PROJECT; AND PROVIDNG FOR THE EFFECTIVE DATE THEREOF. Discuss the City Council Budget Surveys. Mr. Jackson stated that a compilation of the surveys had been provided to Council. He asked that staff be informed if Council changed its priorities for the budget. The surveys indicated that five Council Members agreed with the current priorities and two Council Members disagreed. The surveys indicated no support for a tax rate increase. The surveys indicated support for a sales tax election for public safety. The water and wastewater improvements are supported by user fees. Inflation may Page 11 of 13 Minutes of the Regular Session — July 14, 2005 cause larger rate increases than previously projected. The budget is being developed using the same priorities as last year. Review action of the Urban Rehabilitation Standards Review Board related to the Taft Circle Apartments and take appropriate action. Kevin Byal, Chief Building Official, reported that the Urban Rehabilitation Standards Review Board heard testimony concerning the apartments, and unanimously voted to demolish all eleven buildings on the premises. The owners have ten days to file an appeal to City Council. Thereafter, the owners have thirty days to demolish the buildings. If they fail to take action, the City may demolish the buildings. Mr. Jackson stated that the cost of demolition could exceed $1,000,000. The City could file a lien against the property for its costs. A developer is trying to buy the property to develop it as town homes. The developer will demolish the buildings or pay the City for having the buildings demolished when the property is purchased. Staff requests Council's support for preparing the proper actions to authorize a budget change to provide funding for the demolition. The funding will not be spent if the buyer is successful. Any appeal could delay the process. Council expressed support for proceeding with a budget change to provide funding for the demolition. Consider appointment of the City Council's representative to the Baytown —West Chambers County Economic Development Foundation. This appointment has historically alternated between the Council Members from Districts 5 and 6 since those districts encompass the east Baytown/West Chambers County area. Council Member Anderson is the current appointee. Council Member Capetillo moved appointment of Sammy Mahan as the Council's representative to the Baytown/West Chambers County Economic Development Foundation. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley. Mayor Mundinger. Nays: None. The motion carried. Announcement of Mayor's appointments to the Baytown Housing Authority. The appointments are made by the Mayor pursuant to Texas Local Government Code, Sections 392.031 and 392.0331. The terms of James White and Lawrence Wallace expired on July 1, 2005. Mayor Mundinger announced the reappointment of Lawrence Wallace to the Baytown Housing Authority Board. Page 12 of 13 Minutes of the Regular Session — July 14, 2005 Consider appointments to Baytown Housing Finance Corporation. The Baytown Housing Finance Corporation board is interlocking with the Baytown Housing Authority board. The terms of James White and Lawrence Wallace expire on July 1, 2005. Mr. Wallace has agreed to serve if reappointed by council. Council Member Sheley moved reappointment of Lawrence Wallace to the Baytown Housing Finance Corporation. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, 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 appointments to the Baytown Industrial Appraisal Review Board. Council annually appoints the members of the Baytown Industrial Appraisal Review Board. Each present member, Ronn Haddox, Joe Muller, and David A. Sherron, has agreed to serve if reappointed by Council. Council Member Sheley moved appointment of Ronn Haddox, Joe Muller, and David A. Sherron to the Baytown Industrial District Appraisal Review Board. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None The motion carved. Consider appointments to the Board of Adjustment. This board hears requests for variances and appeals that arise under the zoning ordinance. The terms of Dana Davis, Mary Ann Tucker, Mike Wilson, Bobby Lindeman, and D. H. Willson expire on July 27, 2005. Each has agreed to serve if reappointed by council. During the most recent term, Mr. Davis has attended 2, Ms. Tucker has attended 2, Mr. Wilson has attended 2, Mr. Lindeman has attended 2, and Mr. Willson has attended 1 of the 2 meetings held. Page 13 of 13 Minutes of the Regular Session — July 14, 2005 Council Member Anderson moved appointment of Dana Davis, Mary Ann Tucker, Mike Wilson, Bobby Lintleman, and D. H. Willson to the Board of Adjustment. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. City Manager's Report. City Council budget work sessions — August 1 at 1 p.m., August 2 at 9 a.m., and August 3 at 3:30 p.m. Work session with consultants on Comprehensive Plan and Unified Land Development Code, July 20 at 11 a.m. Keep Texas Beautiful notification of the City of Baytown as a Gold Star Affiliate. Mr. Jackson warned all to be vigilant with Hurricane Emily churning in the Caribbean Sea. /" Adjourn. Council Member Anderson moved that the meeting adjourn. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:55 p.m. Opk