2005 07 28 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
July 28, 2005
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on July 28, 2005, at 6:30 p.m.
in the Council Chamber of Baytown City Hall with the following in attendance:
Ronnie Anderson
Sammy Mahan
Don Murray
Mercedes Renteria III
Scott Sheley
Calvin Mundinger
Gary M. Jackson
Kelvin Knauf
Bob Leiper
Ignacio Ramirez, Sr.
Gary W. Smith
Absent was: Brandon Capetillo, Council Member.
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Assistant City Manager
Deputy City Manager
City Attorney
City Clerk
The meeting was opened with a quorum present and Council Member Mahan led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Consider approval of minutes of the work session and regular meeting held on July 14, 2005.
Council Member Sheley moved approval of the minutes of the work session and regular meeting held
on July 14, 2005. Council Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider approval of the minutes for the work session held on July 8, 2005.
Council Member Murray moved approval of the minutes of the work session and regular meeting held
on July 8, 2005. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 2 of 18
Minutes of the Regular Session — July 28, 2005
Citizen Communication:
Kathie Smith, 2004 Texoma, to obtain updated information on street improvements to Central Heights.
Ms. Smith requested information regarding activity related to street improvements in Central Heights.
Don Martin, 2201 Buchanan Dr., to request a meter rate increase for taxi companies.
Mr. Martin, owner of Baytown Express Taxi, requested an increase in taxi meter rates. He informed
Council that the last increase had been granted on March 13, 1997.
Brad Hoffinann, 600 W. Sterling, to speak in opposition to the sale of alcoholic beverages at city
sponsored events or facilities.
Mr. Hoffmann voiced opposition to the sale, consumption, or possession of alcohol at City - sponsored
or co- sponsored events or at any City facility.
Receive presentation on, discussion of, and receive public comments on the downtown design
guidelines.
Gregory Stubbs, Planning Director, introduced John Hoal, H3 Studios. Mr. Hoal stated that the
downtown design guidelines are intended to enhance the economic development potential of the
downtown area and coordinate with the Downtown Master Plan. He said that first, a visual preference
survey had been performed. This survey studied sidewalks, shade trees, facades, historic lighting, and
public art. Second, a draft of the design guidelines had been created.
Mr. Hoal assured that the draft design guidelines will not change the development process. He said
that the storefront is the most important factor in the design. The design includes two 11 -foot lanes
with parallel parking, 16 -foot sidewalks, and no driveways. It also includes 25 -foot parking bays,
shade trees, and lighting. The paving material will consist of 60% concrete and 40% brick. Trucks
will not be allowed. Double- headed lights, background, and safety level lighting are incorporated into
the design. Landscaping will be accomplished with irrigated and pruned Maple and Ash trees, spaced
25 -feet apart. Seating in public parks will be landscaped. Street furniture will be coordinated. Off -
street parking will be concealed by a fence, wall, or landscape screen. There will be bicycle lanes on
DeFee Street. The design, including public art and murals, will draw business to the area.
Mr. Hoal stated that there will be sufficient power and lighting for special events. Signage will be
regulatory and interpretive. Regarding commercial facade improvements, there will be many case
studies to show potential improvements. The design includes overhangs, canopies, and awnings.
There will be a limits of two signs per storefront. Specialty signs will be encouraged. New
development will be flush and two stories higher. There will be a mix of building use, per the Master
Plan, but no residential housing will be allowed on the ground floor.
In response to a question from Council, Mr. Hoal said that, in order to accomplish these goals, without
being overly burdensome, only the lowest level and simplest renovation can be done. Judgment and
reason will need to be applied. The guidelines will not add to the cost of renovation. Interior
renovations will be costly. The guidelines will be applied when significant improvements are made.
Mayor Mundinger reminded Council that the guidelines are subject to amendment. He said there are
funding issues to be studied and that market analysis will provide additional guidance.
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Minutes of the Regular Session — July 28, 2005
(OR," City Manager Jackson informed Council that the design guidelines are to be included in the Unified
Land Development Code. He said the design will take at least one year to develop when put in
regulatory form, but will be mandatory after that time.
Consider Proposed Resolution No. 050728 -1, designating the Adult Slow Pitch Softball
Tournament to be held on September 16 through 18, 2005, at the Wayne Gray Sports Complex
and concert as events qualified for the sale, possession, and consumption of alcoholic beverages.
This item was withdrawn from the agenda.
Consider Proposed Resolution No. 050728 -2, approving and authorizing submission to the
United States Department of Housing and Urban Development for the 2005 Consolidated Plan.
Proposed Resolution No. 050728 -2 approves and authorizes submission to the United States
Department of Housing and Urban Development the 2005 Consolidated Plan. The City must submit a
5 -Year Consolidated Plan to the United States Department of Housing and Urban Development in
order to receive the CDBG Entitlement grant. The Consolidated Plan describes the housing and
community development needs and priorities as well as a 5 -year strategy for addressing the needs.
This document is specifically designed to (1) promote citizen participation in the development of local
priority needs and objectives by providing comprehensive information on the jurisdiction that is easy
to understand; (2) coordinate statutory requirements in such a manner as to achieve the purpose of the
Acts in a comprehensive way, while reducing paperwork and maximizing the federal funds available to
the jurisdiction on a formula basis; (3) promote the development of an Action Plan that provides the
basis for assessing performance; and, (4) encourage consultation with public and private agencies,
including those outside a single jurisdiction, to identify shared needs and solutions. The Consolidated
Plan was prepared by MKP Consulting in accordance with HUD regulations. The Community
Development Advisory Committee also assisted in the development of the priority needs, held a public
hearing, and has reviewed a draft of the Plan.
Council Member Mahan moved adoption of the proposed resolution. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
RESOLUTION NO. 1730
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING
THE CITY OF BAYTOWN 2005 CONSOLIDATED PLAN AND AUTHORIZING THE CITY
MANAGER TO SUBMIT SUCH PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session — July 28, 2005
Consider Proposed Resolution No. 050728 -3, authorizing application to the United States
Department of Housing and Urban Development for the 2005 -2006 Community Development
Block Grant funds; designating an authorized representative; and authorizing a representative
to accept or affirm any grant award that may result therefrom.
Proposed Resolution No. 050728 -3 authorizes application to the United States Department of Housing
and Urban Development for the 2005 -2006 Community Development Block Grant funds; designating
an authorized representative; and authorizing a representative to accept or affirm any grant award that
may result therefrom. The City must submit an annual application and proposed Action Plan to the
United States Department of Housing and Urban Development in order to receive the CDBG
Entitlement grant. The Community Development Advisory Committee and Staff have reviewed
twenty -seven (27) proposals and separately formulated funding recommendations for the 2005 -2006
CDBG Action Plan.
The proposed 2005 -2006 CDBG projects and budget are included in the packet. City Council makes
the final decision concerning the activities and level of funding contained in the CDBG budget, which
will be submitted as the 2005 -2006 CDBG Action Plan.
Amount Budgeted & Source of Funding:
2005 -2006 CDBG Allocation: $ 948,143
Previous Unexpended Funds: 122,802
Program Income: 82.529
TOTAL $1,153,474
Council Member Murray moved adoption of the proposed resolution. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
RESOLUTION NO. 1731
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR THE 2005 -2006 COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS; DESIGNATING AN AUTHORIZED REPRESENTATIVE;
AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT
AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
bi
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Minutes of the Regular Session — July 28, 2005
Consider Proposed Resolution No. 0507284, amending the City of Baytown's Owner- Occupied
Housing Rehabilitation Program Guidelines.
Proposed Resolution No. 050728 -4 amends the City of Baytown's Owner - Occupied Housing
Rehabilitation Program Guidelines. The Owner- Occupied Housing Rehabilitation Program provides
assistance for rehabilitation, handicap /disabled modification, or reconstruction to comply with current
building codes and standards for low- income persons.
The Proposed Resolution would reflect the following changes to the guidelines:
• Clarify the program as a one -time rehabilitation of health, safety and code violations or a
reconstruction project. Following the rehabilitation or reconstruction, the eligible applicant
and/or structure is only eligible for one handicap /disabled modification/project. Once an
eligible applicant and/or structure have received a handicap /disabled modification, they are no
longer eligible for a rehabilitation or reconstruction.
• Discontinue the minor repair service offered under the program.
• Reduce the maximum limit for a handicap /disabled modification from $6,000 to $5,000.
• Establish a list of applicable codes that the property must adhere to during the five -year
forgivable lien period.
• Specify the homeowner's responsibility for any deposits, back payments and/or re- connection
fees levied by the utility providers at the time of application and during the project.
• Stipulate the applicant must have owned and occupied the home for three (3) years as his/her
primary residence prior to requesting assistance through this Program.
These charges were discussed with the Community Development Advisory Committee and were part
of their recommended Action Plan for 2005 -06.
Council Member Murray moved adoption of the proposed resolution. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
RESOLUTION NO. 1732
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING
THE CITY OF BAYTOWN'S OWNER - OCCUPIED HOUSING REHABILITATION PROGRAM
GUIDELINES; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 6 of 18
Minutes of the Regular Session — July 28, 2005
Consider Proposed Resolution No. 050728 -5, adopting the Storm Water Management Plan and
subsequent Best Management Practices of the City of Baytown's Storm Water Management
Program.
This item was not ready for consideration.
Consider Proposed Ordinance No. 050728 -2, approving the household garbage contract.
Proposed Ordinance No. 050728 -2 authorizes the City Manager to execute a contract with Waste
Management, Inc., for residential solid waste collection. This ordinance awards a five -year contract to
Waste Management, Inc., for residential solid waste collection. The contract will have an effective
date of October 1, 2005. The existing rate of $8.31 will increase 9% to $9.06 on that date. Future
contract years will include rate increases of 6% in Year Two and 5% each in years Three through Five.
The contract provides for four one -year extensions for a possible total term of nine years. Increases in
those years will be based on the Consumer Price Index.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,104
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO
A RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT
WITH WASTE MANAGEMENT OF TEXAS, INC.; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN OF AN AMOUNT NOT TO EXCEED ONE MILLION EIGHT HUNDRED
FORTY -NINE THOUSAND FIVE HUNDRED EIGHT AND NO 1100 DOLLARS ($1,849,508.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050728 -3, authorizing transfers of up to $1,000,000 from
budget savings realized in the General Fund for the Fiscal Year 2004 -05 Budget to the Capital
Improvement Program Fund.
Proposed Ordinance No. 050728 -3 authorizes transfers of up to $1,000,000 from budget savings
realized in the General Fund for the Fiscal Year 2004 -05 Budget to the Capital Improvement Program
Fund. The Urban Rehabilitation Standards Review Board (URSRB) has condemned the Taft Circle
Apartments and ordered their demolition. Appeals from both owners have been received and are
scheduled for Council consideration on August 11, 2005. The current budget does not have funding
authorized for the demolition, which could cost up to $1,000,000.
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Minutes of the Regular Session — July 28, 2005
.� In anticipation of the possible demolition activity that was ordered by the URSRB, the proposed
ordinance will authorize the transfer of up to $1,000,000 in unexpended budget funds to the Capital
Improvement Fund (CIPF). These funds will remain beyond the current budget year and would be
available at the time a contract for demotion services is considered by Council. It will be necessary, as
part of the year-end budget close out, for Council to approve the specific account transfers to the CIPF.
Budget closeout generally occurs in October or November.
Council Member Mahan moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,105
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORING TRANSFERS OF UP TO ONE MILLION AND NO 1100 DOLLARS (S 1,000,000.00)
FROM SAVINGS REALIZED IN THE GENERAL FUND FOR FISCAL YEAR 2004 -05 BUDGET
TO THE CAPITAL IMPROVEMENT PROGRAM FUND; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 0507284, authorizing the City Manager to enter into a Fire
Protection Agreement with Chambers County Improvement District No. 1.
Proposed Ordinance No. 050728 -4 directs the City Manager to execute a Fire Protection Agreement
with Chambers County Improvement District No. 1. This contract will provide fire protection services
within the boundaries of the Chambers County Improvement District #1, approximately the same area
as the Cedar Crossing Industrial Park in Industrial District #3.
Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,106
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DIRECTING
THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A FIRE
PROTECTION AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 8 of 18
Minutes of the Regular Session — July 28, 2005
Consider Proposed Ordinance No. 050728 -5, awarding a construction contract for the Ginger
Creek Storm Sewer Outfall Project.
Proposed Ordinance No. 050728 -5 awards a construction contract in the amount of $206,757 to D &W
Contractors, Inc., 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 stone 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 consisted 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 included in
this award add repairs to the upstream storm sewer system utilizing the open cut method where there
are additional failures. A pre -bid meeting was attended by four contractors. Bids were received from
two firms. Bid tabs are included in the packet. The allotted construction duration for the project is 60
calendar days. The 2002, 2003, and 2004 General Obligation Bonds and the 2004 -2005 Capital
Drainage budget will fund this project.
Council Member Renteria moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,107
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 D & W CONTRACTORS, INC., FOR THE GINGER
CREEK STORM SEWER OUTFALL PROJECT; AUTHORIZING PAYMENT OF THE SUM OF
TWO HUNDRED SIX THOUSAND SEVEN HUNDRED FIFTY -SEVEN AND NO 1100 DOLLARS
($206,757.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050728 -6, approving final payment to D &W Contractors,
Inc., and accepting Phase II of the 2001 Street Bond Project.
Proposed Ordinance No. 050728 -6 approves final payment to D &W Contractors, Inc., in the amount of
$193,074.14 (including the release of retainage), and accepts the 2001 Street Bond Project — Phase H.
The original contract was awarded to D &W Contractors, Inc., for $2,516,061.55. Change Orders No.
1 -4 added $31,586.74 for an adjusted contract amount of $2,547,648.29. Change Order Nos. 1 -3 were
approved administratively. Change Order No. 1, in the amount of $6,200.00, was for exploratory
excavation work to locate water lines on South Pruett. Change Order No. 2, at a cost of $8,980.74,
was for additional drainage work and driveway radii modifications on South Pruett and North Burnett
respectively.
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Minutes of the Regular Session — July 28, 2005
Change Order No. 3, in the amount of $4,060, was for additional drainage work on Graham Street at
South Pruett. Change Order No. 4 was for the addition of flex beam guardrail at three separate
locations on North Burnett Drive at a cost of $12,346 and was approved by Council on May 26, 2005.
An adjustment for final quantities increases the final contract amount by $25,900.23. Therefore, the
amended contract amount is 52,573,548.52, which represents a 2.28% overall increase from the
original contract amount. The increase was largely due to the four change orders and an adjustment of
final quantities on various bid items. The original contract duration was 300 calendar days and 25 days
were added through change orders and rain days for an adjusted total of 325 calendar days. The
contractor finished the project in the allotted time and their workmanship was satisfactory. This
project is funded by the 2003 General Obligation Bonds.
Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,108
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE IMPROVEMENTS ASSOCIATED WITH THE 2001 STREET BOND PROJECT
- PHASE II; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED NINETY -
THREE THOUSAND SEVENTY -FOUR AND 14/100 DOLLARS ($193,074.14) TO D & W
CONTRACTORS, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance Number 050728 -7, approving the purchase of playground
equipment for Murdock, Briarwood, and Tejas Parks.
Proposed Ordinance No. 050728 -7 approves the purchase of playground equipment for Murdock,
Briarwood and Tejas Parks through the Texas Local Government Purchasing Cooperative (Buy Board)
from Total Recreation Products, Inc., representing Gametime Play Equipment in the amount of
$61,909.21. In the 2001 bond program, $250,000 was allocated for playground renovations. This is a
continuation of the playground renovation program. Parks and Recreation Department employees will
install all equipment. The renovation of these parks is consistent with the first goal of the Parks,
Recreation, Open Space and Greenways Master plan- "Renovation of Facilities and Infrastructure."
Council Member Renteria moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 10 of 18
Minutes of the Regular Session — July 28, 2005
ORDINANCE NO. 10,109
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF SIXTY -ONE THOUSAND NINE HUNDRED NINE AND
21/100 DOLLARS ($61,909.21) TO TOTAL RECREATION PRODUCTS, INC., FOR THE
PURCHASE OF PLAYGROUND EQUIPMENT FOR MURDOCK, BRIARWOOD, CARVER,
BOWIE AND TEJAS PARKS; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Prior to consideration of Proposed Ordinance No. 050728 -8, City Clerk Gary W. Smith announced that
Council Member Mahan had filed an affidavit indicating a conflict of interest and he would not
participate in consideration of the item.
Consider Proposed Ordinance No. 050728 -8, amending Article III "Tow Trucks" of Chapter 102
"Vehicles for Hire" of the Code of Ordinances, City of Baytown, Texas, by repealing the existing
Article III "Tow Trucks," and adopting a new Article III "Tow Trucks" to regulate the
operation of tow trucks relating to nonconsent tows and approving the Tow Truck Agreement.
Proposed Ordinance No. 050728 -8 amends Article III "Tow Trucks" of Chapter 102 "Vehicles for
Hire" of the Code of Ordinances, City of Baytown, Texas, by repealing the existing Article III "Tow
Trucks," and adopting a new Article III "Tow Trucks" to regulate the operation of tow trucks relating
to nonconsent tows and approving the Tow Truck Agreement. The proposed amendments provides
new definitions to provide clarity in the provision of nonconsent tows within the City, provides for
quarterly meetings of the Tow Truck Committee, establishes penalties for failure to comply with the
ordinance and contract; establishes new fees for towing vehicles ($105 flat fee, $65 for transferring a
vehicle to the desired location, and $15 per diem storage). The proposed contract is revised to be
consistent with the proposed ordinance. The contract has been revised to permit the use of a wheel -lift
truck. The Tow Truck Committee has met over the course of the last year to recommend the proposed
changes. On July 19, 2005, the Tow Truck Committee voted unanimously to recommend the proposed
changes to the ordinance and to the contract for towing services.
The following persons registered to speak to Council on this item:
Brad Shirlev, 9 Dver Ave.
Mr. Shirley spoke in opposition to the amount of insurance required in the proposed ordinance. He
asked that Council follow state mandated insurance amount and storage requirements. In addition, he
said the penalty phase was too harsh.
Linda Dyer, 9 Dyer Ave. and Don Graham, 6915 Highway 146 registered to speak to Council on this
item, but declined to speak when given the opportunity.
Mayor Mundinger informed Council that he had met with the tow truck operators and had heard their
concerns. He stated that he wished to meet with staff to discuss options before a final decision is
made.
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Minutes of the Regular Session — July 28, 2005
Council Member Sheley moved to postpone consideration of this item until the second meeting in
August. Council Member Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider approving plans and specifications and authorize advertisement to take bids for the
Roseland & Woodlawn Sanitary Sewer Rehabilitation Project.
The scope of work includes sewer rehabilitation work primarily using the pipe bursting method, but
may also include some removal and replacement by open trench methods. Some of the pipe segments
include existing slip liners that will need to be removed prior to the pipe bursting operations. The base
bid includes approximately 32,947 linear feet of pipe bursting for the installation of new high- density
polyethylene pipe. The total estimated construction cost for this project is $1,800,000. This project
was designed in -house by the Engineering Department. The 1998 Certificates of Obligation will fund
this project and the construction duration is 180 calendar days.
Council Member Anderson moved approval of plans and specifications for the Roseland & Woodlawn
Sanitary Sewer Rehabilitation Project and authorization for advertisement for bids. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consent Agenda
a. Proposed Ordinance No. 050714 -9 authorizes final payment to L & M Contractors, Inc.,
for the renovation of the Bicentennial Park Open Air Theater Repairs in the amount of
$4,844.70. Council awarded a construction contract at the March 10, 2005 Council
meeting to L & M Contractors, Inc., for $50,947. The project repaired and replaced
several rotted beams in the roof system, replaced the roof with a standing seam metal
roof, replaced the siding with Hardiplank and painted the building. Our architect, Al
Busch of Busch Hutchison and Associates, Inc., has reviewed the work at the facility
and has recommend final payment to L & M Construction, Inc.
b. Proposed Ordinance No. 050728 -10 awards the last renewal, for a total contract amount
of $32,798, to Univar USA for items #1 & 5, in the amount of $12,482; to Public Health
Equipment & Supply Company, Inc., in the amount of $16,650; and Items #3 and 4 to B
& G Chemicals and Equipment Company, Inc., in the amount of $3,666. All three
companies submitted written requests to renew the current contract for the same pricing,
terms and conditions. Quantities remain the same. The total contract award will be
$32,798. This annual contract will be used by the Health Department for mosquito
control.
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Minutes of the Regular Session — July 28, 2005
C. Proposed Ordinance No. 050728 -11 awards the bid, in the amount of $200,000, to
Teamwork Construction Services, Inc., for the annual concrete work contract.
Invitations to bid were sent to four (4) suppliers and three (3) responses were received.
This annual contract provides for repair of limited segments of concrete streets due to
deterioration/wear and tear and after utility repairs. This contract is funded jointly by
the general fund and the Street Maintenance Sales Tax. A bid tab is included in your
packet.
d. Proposed Ordinance No. 050728 -12 awards the bid, in the amount of $75,000, to
Baytown Electric Company for the annual electrical services contract. Invitations to bid
were sent to five (5) suppliers and three (3) responses were received. The annual
electrical services contract is used by all departments for electrical services regarding
emergencies, bucket truck service, and miscellaneous electrical services. Bucket truck
service is primarily used by the Parks and Recreation Department.
e. Proposed Ordinance No. 050728 -13 awards the bid, in the amount of $95,300, to
Consort Concrete for the annual ready -mix concrete contract. Invitations to bid were
sent to five (5) suppliers and one (1) response, one (1) no -bid, and one (1) late bid were
received. This contract is used by the Public Works and Parks and Recreation
Departments for various construction projects, i.e., streets and drainage repair, new
projects, rehab projects, etc.
f. Proposed Ordinance No. 050728 -14 awards the bid, in the amount of $114,000, to
Southwest Signal Supply, Inc., for the annual installation and repair of traffic signal
equipment contract. Southwest Signal Supply, Inc., submitted a written request to
exercise their renewal option for the same pricing, terms and conditions. The majority
of services will be for new installation, trouble shooting, minor and major repairs which
can not be performed in- house, preventative maintenance, rebuilding of traffic signals,
and emergency repairs.
g. Proposed Ordinance No. 050728 -15 awards the sole source replacement of the control
panel center for the Raccoon Lift Station, in the amount of $43,350, to Pump and Power
Equipment. The current control panel center is a 1978 ITE /Gould. The control panel
center has been severely damaged twice by lightening and the internal components are
now obsolete. The control panel center is being replaced with an EG Motor Control
Center that is standard to city lift stations.
h. Proposed Ordinance No. 050728 -16 is the first reading of the Ordinance annexing for
limited purpose property currently within the extra - territorial jurisdiction of the City of
Baytown and being 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
(Chambers County MUD No. 1). Chambers County MUD No. 1 proposes a
commercial development. This property is the subject of a strategic partnership
agreement with Chambers County MUD No. 1. In accordance with state law, two
public hearings were held on the proposed annexation on June 23, 2005, following
publication in The Baytown Sun on June 7, 2005, and posted on the City's web site on
the same day, more than ten days and less than 20 days prior to the public hearings.
Page 13 of 18
Minutes of the Regular Session — July 28, 2005
Upon approval on its first reading, the ordinance will be published in The Baytown Sun.
The final reading may be held 30 days after the ordinance is passed on its first reading
and published. A map is included in the packet.
i. Proposed Ordinance No. 050728 -17 is the first reading of the Ordinance annexing
property for limited purpose currently within the extra - territorial jurisdiction of the City
of Baytown and being approximately 43.8056 -acre tract of land located east of Spring
Gully and north of Interstate Highway No. 10 in Hams County, Texas (Lake MUD).
Lake MUD proposes a single - family residential subdivision. City Council approved
strategic partnership agreement with Lake MUD regarding this property. In accordance
with state law, two public hearings were held on the proposed annexation on June 23,
2005, following publication in The Baytown Sun on June 7, 2005, and posted on the
City's web site on the same date, more than ten days and less than 20 days prior to the
public hearings. Upon approval on its first reading, the ordinance will be published in
The Baytown Sun. The final reading may be held 30 days after the ordinance is passed
on its first reading and published. A map is included in the packet.
j. Proposed Resolution No. 050728 -6 authorizes and directs the Mayor to execute General
Certificates of Local Governmental Unit relating to Southeast Texas Housing Finance
Corporation's ( "SETH ") issuance of Multifamily Housing Revenue Bonds (Texas City).
SETH is issuing the bonds to finance the construction of a multifamily property in
Texas City. The issuance of the bonds is expected to advance SETH's continued efforts
in providing safe, decent, sanitary and affordable housing to residents of its sponsoring
political subdivisions, including the City of Baytown. To gain approval of the Texas
Attorney General's Office for the issuance of the desired bonds, SETH has asked that
the City of Baytown confirm certain information regarding SETH, including, but not
limited to, the City's approval of SETH's Restated Articles of Incorporation, the City's
appointment of Daniel Sandoval to SETH's Board of Directors, and the fact there is no
litigation pending or threatened against the City relating to SETH.
k. Receive quarterly investment report for the period ending June 30, 2005 for the City of
Baytown.
Council Member Renteria moved adoption of the consent agenda, items a through k. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,110
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BICENTENNIAL PARK OPEN AIR THEATER REPAIRS AND UPGRADE
PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FOUR THOUSAND EIGHT
HUNDRED FORTY -FOUR AND 70 /100 DOLLARS ($4,844.70) TO L & M CONSTRUCTION,
INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 14 of 18
Minutes of the Regular Session — July 28, 2005
ORDINANCE NO. 10,111
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF UNIVAR USA, PUBLIC HEALTH EQUIPMENT & SUPPLY COMPANY,
INC., AND B & G CHEMICALS AND EQUIPMENT COMPANY, INC., FOR THE ANNUAL
MOSQUITO CONTROL CHEMICAL CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF THIRTY -TWO THOUSAND SEVEN HUNDRED NINETY -
EIGHT AND NO 1100 DOLLARS ($32,798.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,112
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF TEAMWORK CONSTRUCTION SERVICES, INC., FOR THE
ANNUAL CONCRETE WORK CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF TWO HUNDRED THOUSAND AND NO /100 DOLLARS
($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL
ELECTRICAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF SEVENTY -FIVE THOUSAND AND N01100 DOLLARS ($75,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,114
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF CONSORT CONCRETE FOR THE ANNUAL READY -MIX
CONCRETE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF NINETY -FIVE THOUSAND THREE HUNDRED AND N0 1100 DOLLARS ($95,300.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,115
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF SOUTHWEST SIGNAL SUPPLY, INC., FOR THE ANNUAL
INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED
FOURTEEN THOUSAND AND N0 1100 DOLLARS ($114,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
IN
Page 15 of 18
Minutes of the Regular Session — July 28, 2005
ORDINANCE NO. 10,116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF THE SUM OF FORTY -THREE THOUSAND THREE
HUNDRED FIFTY AND N01100 DOLLARS ($43,350.00) TO PUMP AND POWER EQUIPMENT
COMPANY AS THE SOLE SOURCE FOR THE REPLACEMENT OF THE CONTROL PANEL
CENTER FOR THE RACCOON LIFT STATION; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,117
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, FOR A LIMITED PURPOSE ONLY TO INCLUDE 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, WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE
PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
ORDINANCE NO. 10,118
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, FOR A LIMITED PURPOSE ONLY TO INCLUDE A 43.8056 ACRE
TRACT OF LAND LOCATED EAST OF SPRING GULLY AND NORTH OF INTERSTATE
HIGHWAY NO. 10 IN HARRIS COUNTY, TEXAS, WHICH SAID TERRITORIES LIE
ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF
BAYTOWN, TEXAS.
RESOLUTION NO. 1733
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS;
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GENERAL
CERTIFICATES OF LOCAL GOVERNMENTAL UNIT RELATING TO THE ISSUANCE OF
MULTIFAMILY HOUSING REVENUE BONDS (Sundance Apartments, 3409 9th Avenue, North,
Texas City, Galveston County, Texas 77590), in one or more series, BY SOUTHEAST TEXAS
HOUSING FINANCE CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Announcement of Mayor's appointment to the Baytown Housing Authority.
The appointment is made by the Mayor pursuant to Texas Local Government Code, Sections 392.031
and 392.0331. The term of James White expired on July 1, 2005.
This item was not ready for consideration.
Page 16 of 18
Minutes of the Regular Session — July 28, 2005
Consider appointment to Baytown Housing Finance Corporation.
The Baytown Housing Finance Corporation board is interlocking with the Baytown Housing Authority
board. The term of James White expired on July 1, 2005.
This item was not ready for consideration.
Consider appointments to the Construction Board of Adjustments and Appeals.
This board hears appeals from the decisions of the building official and under the smoking ordinance.
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.
This item was not ready for consideration.
City Manager's Report.
City Manager Jackson announced that budget work sessions would be conducted on August 1, 2005 at
1:00 p.m.; on August 2, 2005 at 9:00 a.m., and on August 3, 2005 at 3:30 p.m.
Mr. Jackson announced that the annual National Night Out would be held on August 2, 2005.
Receive the City Manager's proposed budget and budget message for fiscal year 2005 -2006.
City Manager Jackson noted that the 2005 -2006 proposed budget had been distributed during the
meeting. Mr. Jackson presented an overview of the proposed budget. The general fund is proposed to
be $47.5 million, an increase of 4.8% over the current budget. Overall the budget is proposed to be
$85 million, an increase of 1.5 %. No property tax rate increase is proposed. No increase is proposed
in facility rentals, the sanitation rate, or the storm water utility rate. Proposed new fees include a
contractor registration fee ($25.00) and a GIS mapping fee ($30.00 if document is not in GIS format,
$15.00 if document is in GIS format). An increase in health inspection fees is proposed. A 7.5%
increase in water and sewer rates is proposed. Fifteen new positions, at a minimal impact to the
General Fund, are proposed: five officers from the Organized Crime Task Force Unit will be
reassigned to the Police Department; six additional fire fighter positions, three of which will be funded
by decreases in overtime, and three of which will be funded contractually with Chambers County
Improvement District No. 1, and a SAFR grant for which the City has applied; two additional
paramedic positions, to be funded by a decrease in overtime; a web page technician position; a safety
coordinator, to be funded by the Workman's Compensation Fund, is proposed. It is proposed that
capital expenses continue to be out of the fund balance. The resulting fund balance in the General
Fund is proposed to be at 70 days.
The Compensation Study was performed; effective October 1, 2005, an adjustment in non -civil
service classifications to 100% of market will result in 99 positions and employees wages being raised
to market level. On January 1, 2006, there will be a tempering of employees within their ranges, based
on their service with the City, to bring those employees up to a percentage of midpoint, depending on
the plan, as proposed in the budget. In addition, there will be a 2% across - the -board salary increase,
for all full and part -time non -civil service employees. Police salaries will be adjusted to 100% of
market for each tier. A Fire Department salary proposal, prepared by the consultant, includes tiers in
that salary schedule, similar to those in the Police Department salary schedule.
Page 17 of 18
Minutes of the Regular Session — July 28, 2005
Changes to the health insurance plan will help offset the expected increases.
This is the fifth year of the 5 -year General Obligation Bond Program. No increases are proposed in the
Sanitation Fund or the Storm Water Utility Fund.
The Water and Sewer Fund includes significant capital infrastructure expenditures and is increased
8.2 %. The Debt Service Fund is increased by $2,000,000 or 25.7 %. The overall increase in all funds
is 5.8 %. Mr. Jackson reviewed the history of the general fund increases, noting that significant
increases occurred in the years 2000 through 2002 with a considerable portion of the increase being the
mandatory Fire Department staffing.
An increase of 7.5% is proposed for in -city water and sewer rates, primarily to cover debt service. The
Water & Sewer Capital program has been expanded to $67 million. The additional expansion to ten
years will expand the program to $134,453,000. Most of the funding will be on sanitary sewer
projects. Three models for growth have been prepared. These models will assist in the timing of
projects.
The budget work sessions will be held on Monday, August 1, at 1 p.m., Tuesday, August 2, at 9 a.m.,
and Wednesday, August 3, at 3:30 p.m. The public hearing for the proposed budget is recommended
to be held on September 15, 2005.
The Finance Department, Mr. Leiper, and Mr. Knauf are commended for their work in preparing the
proposed budget.
Consider Proposed Ordinance 050728 -18, setting the time, date and place of the public hearing
on the 2005 -2006 fiscal year budget.
The public hearing was originally planned to be held on August 25`h during the regular City Council
meeting. However, the Harris County Appraisal District will not have completed the certified roll at
that time. It is recommended that the public hearing be held during a special meeting to be held on
September 15, 2005, at 4:30 p.m.
Council Member Murray moved adoption of the proposed ordinance setting the public hearing on the
proposed 2005 -2006 fiscal year budget at 4:30 p.m., September 15, 2005, in the Council Chamber,
Baytown City Hall. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,119
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A
DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR
2005 -2006 MUNICIPAL BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 18 of 18
Minutes of the Regular Session — July 28, 2005
P� Adjourn.
Council Member Murray moved that the meeting adjourn. Council Member Mahan seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 8:29 p.m.
J