2005 08 11 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
August 11, 2005
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on August 11, 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
Scott Sheley
Calvin Mundinger
Gary M. Jackson
Kelvin Knauf
Bob Leiper
Ignacio Ramirez, Sr.
Gary W. Smith
Council Member Renteria was absent.
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 Sheley led the pledge of
allegiance and offered the invocation. Mayor Mundinger read a proclamation recognizing
Keitha Byrd as the recipient of the Presidential Volunteer Service Award for her exemplary
volunteer services in educational research in the community, after which the following business
was conducted:
Consider approval of minutes of the work session and regular meeting held on July 28,
2005.
Council Member Mahan moved approval of the minutes of the July 28, 2005. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, and Sheley..
Mayor Mundinger.
Nays: None.
The motion carried.
Council Member Capetillo abstained.
Consider approval of minutes of the work session held on August 1, 2005.
Consider approval of minutes of the work session held on August 2, 2005.
Consider approval of minutes of the work session held on August 3, 2005.
Page 2 of 20
Minutes of the Regular Session — August 11, 2005
Council Member Murray moved approval of the minutes of the work sessions held on August 1,
August 2, and August 3, 2005. 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.
Citizen Communication:
James Robertson, 1718 Carolina, to speak in reference to the sale of alcoholic beverages in
public places.
Mr. Robertson did not appear to address Council.
Consider Motion to Reconsider Ordinance No. 10,031 adopted on March 10, 2005, which
amended Chapter 70 "Parks and Recreation," Section 70-8 "Alcoholic beverages," of the
Code of Ordinances of the City of Baytown, Texas, to permit the possession and
consumption of alcoholic beverages in parks during designated City sponsored or co-
sponsored special events or festivals.
Council's Rules of Procedure require that Council approve the reconsideration of this item
before action can be taken.
Council Member Anderson moved to reconsider action taken on March 10, 2005 which amended
Chapter 70 "Parks and Recreation," Section 70 -8 "Alcoholic beverages," of the Code of
Ordinances of the City of Baytown, Texas, to permit the possession and consumption of
alcoholic beverages in parks during designated City sponsored or co- sponsored special events or
festivals. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley
Mayor Mundinger.
Nays: None.
The motion carved.
Consider Proposed Ordinance No. 050811 -01a, amending Chapter 70 "Parks and
Recreation," Section 70 -8 "Alcoholic beverages," of the Code of Ordinances of the City of
Baytown, Texas, to prohibit the possession and consumption of alcoholic beverages in
parks, except in Bayland Park.
Page 3 of 20
Minutes of the Regular Session — August 11, 2005
, Consider Proposed Ordinance No. 050811 -01b, ratifying Ordinance No. 10,031 which
amended Chapter 70 "Parks and Recreation," Section 70 -8 "Alcoholic beverages," of the
Code of Ordinances of the City of Baytown, Texas, to permit the possession and
consumption of alcoholic beverages in parks during designated City sponsored or co-
sponsored special events or festivals.
The following person registered to speak to Council concerning the amendment to Chapter 70,
"Parks and Recreation," Section 70 -8 Alcoholic beverages," of the Code of Ordinances of the
City of Baytown, Texas and yielded his time to Brad Hoffman: H. C. Ball.
Brad Hoffmann, 600 W. Sterling
Reverend Hoffinann spoke in opposition to allowing the possession and consumption of
alcoholic beverages in parks.
Mary Fleming, 4802 St. Andrews
Ms. Fleming spoke in opposition to allowing the possession and consumption of alcoholic
beverages in parks.
Billv Barnett, No. 8 Bay Villa
Mr. Barnett spoke in favor of allowing the possession and consumption of alcoholic beverages in
parks, for qualifying events.
Mark Tiller, 3011 Forest Gate
Mr. Tiller spoke in opposition to allowing the possession and consumption of alcoholic
beverages in parks.
Danny Bezet,1609 Sierra Drive
Mr. Bezet spoke in opposition to allowing the possession and consumption of alcoholic
beverages in parks.
There was lengthy discussion regarding the advantages and disadvantages of allowing the
possession and consumption of alcoholic beverages in parks.
Council Member Anderson moved adoption of Proposed Ordinance No 050811 -01 a. 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 20
Minutes of the Regular Session — August 11, 2005
ORDINANCE NO. 10,120
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 70
"PARKS AND RECREATION," SECTION 70 -8 "ALCOHOLIC BEVERAGES" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PROHIBIT THE POSSESSION AND
CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY PARKS, EXCEPT IN
BAYLAND PARK; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100
DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance No. 050811 -02, clarifying that Section 1 of Ordinance No.
10,035 passed by the City Council of the City of Baytown, Texas, on March 10, 2005,
pertained to the 2005 Long Neck Wildlife Festival only.
Section 1 of such ordinance authorized the Long Neck Wildlife Festival as an event qualified for
the sale, possession, and consumption of alcoholic beverages on public streets, public alleys, and
public sidewalks located within 1,000 feet of a public school, pursuant to Section 101.75 (b) of
the Texas Alcoholic Beverage Code. This action was taken prior to the alcohol sales moving to
N. C. Foote Park/City Hall and the street portion was not utilized for alcohol sales at the 2005
event. This proposed ordinance clarifies that only the 2005 Long Neck Wildlife Festival was so
authorized as a qualifying event.
The following person registered to speak to Council concerning this ordinance.
Cecil Morgan, 2410 Morning
Mr. Morgan spoke in opposition to the sale of alcoholic beverages at the Longneck Wildlife
Festival or in any City parks.
Mayor Mundinger thanked the Longneck Wildlife Festival board for their efforts toward the
festival.
Council Member Mahan moved adoption 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. 10,121
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, CLARIFYING THAT SECTION
1 OF ORDINANCE NO. 10,035 PASSED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ON MARCH 10, 2005, PERTAINED TO THE 2005 LONG NECK
WILDLIFE FESTIVAL ONLY; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 5 of 20
Minutes of the Regular Session – August 11, 2005
The attendance at the meeting of former Council Member Coleman Godwin was recognized by
Council.
Consider Proposed Resolution No. 050811 -01a, maintaining the current alignment for the
street layout for Texas Avenue.
Consider Proposed Resolution No. 050811 -01b, selecting the alignment for the redesign of
the street layout for Texas Avenue (parallel parking).
Consider Proposed Resolution No. 050811 -01c, selecting the alignment for the redesign of
the street layout for Texas Avenue (22.5 deg. angled parking —both sides).
Consider Proposed Resolution No. 050811 -01d, selecting the alignment for the redesign of
the street layout for Texas Avenue (60 deg. angled parking —one side).
Consider Proposed Resolution No. 050811 -01e, selecting the alignment for the redesign of
the street layout for Texas Avenue (45 deg. angled parking and parallel parking).
Consider Proposed Resolution No. 050811 -01f, selecting the alignment for the redesign of
the street layout for Texas Avenue (parallel parking with 3' curb access —both sides).
Consider Proposed Resolution No. 050811 -01 g, selecting the alignment for the redesign of
the street layout for Texas Avenue (stripe down the middle, not delineated parking, except
for disabled).
Proposed Resolution No. 050811- 01(a -g) selects the alignment for the proposed redesign of
street layout for Texas Avenue. Traffic Engineers, Inc., evaluated the traffic operations of Texas
Avenue street and parking configuration between Pruett Street and Commerce Street. On April
12, 2005 and May 9, 2005, City staff and Traffic Engineers, Inc., held public meeting to receive
public input on the redesign of the layout of Texas Avenue. Traffic Engineers, Inc., provided
several options to be considered for the redesign. One specific proposal ( "c" below) provided
22.5 degree angle parking on both sides of Texas Avenue and was favored by the transportation
consultant and the majority of those in attendance at the meeting.
Traffic Engineers, Inc., offered the following options:
a. Maintain current alignment,
b. Restripe Texas Avenue removing the curved roadway design to allow parallel
parking,
C. Restripe Texas Avenue removing the curved roadway design to allow for 22.5
degree angled parking on both sides of the street,
d. Restripe Texas Avenue removing the curved roadway design to allow for 60
degree angled parking on one side of the street, or
e. Restripe Texas Avenue removing the curved roadway design to allow for a
combination of 45 degree angled and parallel parking spaces, or
f. Restripe Texas Avenue removing the curved roadway design to allow parallel
parking with a 3' curb – access space on both sides of the street.
g. Restripe Texas Avenue removing the curved roadway design to provide a stripe
down the center of the street and no delineated parking, other than handicapped.
Page 6 of 20
Minutes of the Regular Session — August 11, 2005
Additional meetings have been held although it is not clear any alignment is acceptable to all
parties.
The following person registered to speak to Council regarding this ordinance:
Chris Warford, 3601 La Reforma
Dr. Warford spoke in support of Proposed Resolution No 050811 -01c. He said it would be the
safest way for his patients to gain access to his office. He said that parallel parking would have a
detrimental effect on business on Texas Avenue.
Council Member Murray moved adoption of Proposed Resolution No 050811 -01c. 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.
RESOLUTION NO. 1734
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE REDESIGN OF THE STREET LAYOUT OF TEXAS AVENUE AS
PROPOSED BY TRAFFIC ENGINEERS, INC., WHICH INCLUDES THE RE- STRIPING OF
TEXAS AVENUE TO REMOVE THE CURVED ROADWAY DESIGN AND TO ALLOW
FOR 22.5 DEGREE ANGLED PARKING ON BOTH SIDES OF THE STREET; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050811 -03, the first reading of the Ordinance annexing
property currently within the extra - territorial jurisdiction of the City of Baytown and
being approximately 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 Lynchburg -Cedar Bayou Road and South Road in
Harris County, Texas (Coon's).
CAI, LP., proposes a commercial development. City Council approved a petition to annex this
property. In accordance with state law, two public hearings were held on the proposed
annexation on July 14, 2005, following publication in The Baytown Sun on June 30, 2005, and
posted on the City's web site on June 28, 2005, 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.
Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. The vote follows:
Page 7 of 20
Minutes of the Regular Session — August 11, 2005
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,122
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, AND 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 HIGHLAND FARMS, HARRIS COUNTY, TEXAS,
LOCATED EAST OF GARTH ROAD BETWEEN LYNCHBURG -CEDAR BAYOU ROAD
AND SOUTH ROAD, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE
ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF
BAYTOWN, TEXAS.
Consider Proposed Ordinance No. 050811 -04, approving Change Order No. 3 to the
contract with LEM Construction Co., Inc., for East District Wastewater Plant renovations
project.
This change order includes two major items. In order to complete the work in the treatment
trains and to provide operational capabilities at the plant, ball valves are needed on the 220 air
drops at Treatment Train No. 2. In addition, in order to comply with TCEQ requirements to
measure the return activated sludge from Clarifiers No. 2 and 3, four two -inch rotometers must
be installed on the air feed lines. Two prior change orders were approved administratively for a
total sum of $23,656.95. Change Order No. 1 in the amount of $10,359.95 was for the
replacement of knee brace pipe supports within Treatment Train No. 1. Change Order No. 2 in
the amount of $13,297 was for replacing a leaking eight -inch WAS pipe and painting of two
other pipes and a scum box. The original contract amount was $1,870,300 and Change Order
Nos. 1 & 2 increased this amount by $23,656.95 for an adjusted contract amount of
$1,893,956.95. Change Order No. 3 increases the contract amount by $43,682.04 for a revised
contract price of $1,937,638.99. Change Order No. 2 added 30 calendar days to the contract
duration while this change order adds another 140 days for a total of 555 calendar days. Funding
for this project is from the 2002 Certificates of Obligation and interest earnings on the 1991 bond
program.
Council Member Anderson moved adoption of the proposed ordinance. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley
Mayor Mundinger.
Nays: None.
Page 8 of 20
The motion carried.
Minutes of the Regular Session — August 11, 2005
ORDINANCE NO. 10,123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CHANGE ORDER NO. 3 WITH LEM CONSTRUCTION CO., INC., FOR
THE EAST DISTRICT WASTEWATER TREATMENT PLANT RENOVATION PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -THREE
THOUSAND SIX HUNDRED EIGHTY -TWO AND 04/100 DOLLARS ($43,682.04);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050811 -05, awarding a professional services agreement
for the West District Wastewater Treatment Plant Expansion Project.
Proposed Ordinance No. 050811 -05 authorizes a professional services agreement to SCL
Engineering, L.L.C., (SCL) for the West District Wastewater Treatment Plant (WWTP)
Expansion Project in the amount of not to exceed $752,855. There is currently $1,000,000
budgeted for this project and a total of $1,890,505 is needed to carry it through construction. In
light of the limited funding, the scope of work will consist of providing design services to the
50% completion stage for the expansion of the plant, the new pumping station (PS), and force
main (FM). However, the scope of work within the contract will include all necessary items to
the 100% level as well as construction management and inspection services during the
construction phase. Funding and authorization will only be authorized for 50% design
completion. The contract includes a basic services component, as well as a contingent basic
services item. The basic services component will carry the contract through 50% design
completion. As additional funds are appropriated, the City will have the option to authorize SCL
to proceed with the contingent basic services to complete the design to the 100% level. The total
amount for basic services will be $556,270 and the contingent basic services will be $170,059.
The reimbursable expenses associated with basic services are $21,424 and $5,102 for the
contingent basic services. The total contract amount is $752,855.
The 50% design package is anticipated to take approximately nine months to complete.
Additional funding is proposed to be appropriated in fiscal year 2006 -2007. The fees have been
evaluated and they are in line with the standard fee curves for professional engineering services.
The total amount for professional services as outlined above is $752,855. The Architect and
Engineer Selection Committee approved the engineering firm and the financing plan. The 1998
Certificates of Obligation will fund this project.
Council Member Capetillo moved adoption 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 9 of 20
Minutes of the Regular Session — August 11, 2005
ORDINANCE NO. 10,124
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 SCL
ENGINEERING, L.L.C., FOR THE WEST DISTRICT WASTEWATER TREATMENT
PLANT (WWTP) EXPANSION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY -TWO
THOUSAND EIGHT HUNDRED FIFTY -FIVE AND NO 1100 DOLLARS ($752,855.00)
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050811 -06, approving the purchase of an electronic
marquee for Bicentennial Park.
Proposed Ordinance No. 050811 -06 approves the purchase of an electronic marquee for
Bicentennial Park through the Texas Local Government Purchasing Cooperative (Buy Board)
from the Spectrum Corporation, in the amount of $28,338. The new sign will replace the manual
marquee located at the corner of Market Street and Lee Drive that was installed in the mid
1980's. The new sign will be similar to the marquee that is located in front of Fire Station
Number 1. This sign will have four lines, wireless capabilities, allowing remote operation, and
will be used to announce City events. The marquee can also be used for emergency operations
information.
Council Member Capetillo moved adoption 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.
ORDINANCE NO. 10,125
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF TWENTY -EIGHT THOUSAND THREE HUNDRED
THIRTY -EIGHT AND NO /100 DOLLARS ($28,338.00) TO THE TEXAS LOCAL
GOVERNMENT PURCHASING COOPERATIVE FOR THE PURCHASE OF ONE (1)
ELECTRONIC MARQUEE WITH FOUR LINES WITH WIRELESS CAPABILITIES;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 10 of 20
Minutes of the Regular Session — August 11, 2005
Consider Proposed Ordinance No. 050811 -07, amending Chapter 18 "Buildings and
Building Regulations," Article III "Electrical Code," Division 6 "Standards," Section 18-
431 "Compliance with article, electrical code and utility company specifications" of the
Code of Ordinances, City of Baytown, Texas, to adopt the 2005 National Electrical Code as
the electrical code for the City of Baytown and Chapter 18 "Buildings and Building
Regulations," Article III "Electrical Code," Division 2 " "Electrical Board" of the Code of
Ordinances, City of Baytown, Texas, to assign the duties of the Electrical Board to the
Construction Board of Adjustments and Appeals, and making other conforming
amendments to the Chapter.
The proposed ordinance adopts the 2005 National Electrical Code (NEC) with the purpose of
administering the most current electrical code available and paralleling the action of the State
Electrical Safety and Licensing Advisory Board. With the creation of the State Board and State
electrical licensing, the city's electrical licensing authority has been preempted, eliminating the
need for municipal licensing provision within our Code of Ordinances. Furthermore, there is no
longer a need for a local Electrical Board since their primary purpose was the administration of
the city's electrical licensing program. Consolidation of the duties of the Electrical Board with
the duties of the Construction Board of Adjustments and Appeals will still afford an appeals
process related to code interpretations. Other amendments are for the elimination of redundant
code provision found between the NEC and the Code of Ordinances. The Electrical Board met
on August 3, 2005, and acknowledged the necessity of the proposed changes.
Council Member Mahan moved adoption of the proposed ordinance. 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.
ORDINANCE NO. 10126
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18
"BUILDING AND BUILDING REGULATIONS," ARTICLE III "ELECTRICAL CODE,"
DIVISION 1 "GENERALLY," SECTION 18 -156 "DEFINITIONS "; DIVISION 3
"ELECTRICAL INSPECTOR," SECTION 18 -216 "DUTIES," SUBSECTION (B), AND
SECTION 18 -219 "APPEAL FROM ORDERS OF INSPECTOR"; DIVISION 4 "PERMITS
AND INSPECTIONS," SECTION 18 -252 "WORK REQUIRING A PERMIT," SECTION 18-
254 "APPLICATION," SUBSECTIONS (A) AND (C), SECTION 18 -255 "FEES,"
SUBSECTION (A), SECTION 18 -257 "ISSUANCE," SECTION 18 -261 "CONCEALED
WIRING," SECTION 18 -263 "INSURANCE REQUIRED OF MASTER ELECTRICIANS
FOR PERMIT ISSUANCE," SUBSECTION (A), AND SECTION 18 -266 "INSPECTION OF
SIGNS "; DIVISION 5 "LICENSES," SUBDIVISION 1 "IN GENERAL," SECTION 18 -296
"REQUIRED" AND SECTION 18 -301 "ELECTRICAL WORK BY HOMEOWNER,"
SUBSECTION (A); SUBDIVISION IV "MAINTENANCE ELECTRICIAN," SECTION 18-
356 "SCOPE OF LICENSE "; DIVISION 6 "STANDARDS," SECTION 18 -431
"COMPLIANCE WITH ARTICLE, ELECTRICAL CODE AND UTILITY COMPANY
SPECIFICATIONS," SUBSECTION (A) AND SECTION 18 -432 "TECHNICAL
SPECIFICATIONS," SUBSECTION (A) OF THE CODE OF ORDINANCES BAYTOWN,
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Page 12 of 20
The motion carried.
Minutes of the Regular Session — August 11, 2005
RESOLUTION NO. 1735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CALLING SPECIAL COUNCIL MEETINGS TO BE HELD ON THURSDAY, SEPTEMBER
15, 2005, AT 4:30 P.M., MONDAY, SEPTEMBER 19, 2005, AT 4:30 P.M., AND TUESDAY,
SEPTEMBER 27, 2005 AT 4:30 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL,
BAYTOWN, TEXAS, TO HOLD PUBLIC HEARINGS AND TAKE OTHER ACTIONS
RELATED TO THE ADOPTION OF THE 2005 -2006 FISCAL YEAR BUDGET AND TAX
RATE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 050811 -03, canceling the regular City Council meeting
scheduled for October 27, 2005, and calling a special City Council meeting for Tuesday,
October 25, 2005, at 6:30 p.m.
Proposed Resolution No. 050811 -03 cancels the regular City Council meeting scheduled for
October 27, 2005, and calls a special City Council meeting for Tuesday, October 25, 2005, at
6:30 p.m. The Texas Municipal League annual educational conference is scheduled for October
26 through 29, 2005. Canceling the regular meeting and calling a special meeting will allow
Council and staff to attend this educational conference.
Council Member Anderson moved adoption of the proposed resolution. 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.
RESOLUTION NO. 1736
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON TUESDAY, OCTOBER 25,
2005, AT 6:30 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS;
CANCELING ITS REGULARLY SCHEDULED CITY COUNCIL MEETING TO BE HELD
ON THURSDAY, OCTOBER 27, 2005, AT 6:30 P.M., IN THE COUNCIL CHAMBERS OF
CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 13 of 20
Minutes of the Regular Session — August 11, 2005
►, Discuss and consider directing staff to prepare an ordinance creating a beautification
commission.
This item allows City Council to direct staff to prepare an ordinance, for consideration during the
August 25`h City Council meeting, for the creation of a Beautification Commission. The
discussion during the work session and this item will allow Council to determine the size,
charge, authority, and related issues, for the commission as it is to be defined in the ordinance.
Council Member Murray moved directing staff to prepare an ordinance and a list of frequently
asked questions for commission service, for consideration during the August 25`h City Council
meeting. 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.
Consent Agenda
a. Proposed Ordinance No. 050811 -08 authorizes payment for the annual software
agreement with Sungard Pentamation, in the amount of $61,196.98 for the period
from September 1, 2005, through August 31, 2006. The annual software
maintenance agreements provide support in the event of programming upgrades,
bug fixes, telephone support, etc. for the following software packages: Fund
Account, Purchasing, Fixed Assets, Human Resources, Budget Analyst, Inventory
Manager Personnel Budgeting and Vehicle Manage, Cash Receipts, Utility
Billing (ACIS), Code Enforcement, Occupational License, Inspections and Action
Software, Informix Four J's Compiler, Optio Printing, and Cognos Report Writer,
Custom Programming on Financial Software and Custom Programming on
Revenue Software.
b. Proposed Ordinance No. 050811 -09 awards the bid, in the amount of $36,023, to
Promaxima Manufacturing for the purchase and installation of exercise equipment
for the Baytown Police Academy. Invitations to bid were sent to six (6) suppliers
and five (5) responses were received. Funding for this purchase is from seized
assets.
C. Proposed Ordinance No. 050811 -10 amends Chapter 1 "General Provisions,"
Section 1 -15 "Mental state" of the Code of Ordinances of the City of Baytown,
Texas, to conform with HB -970 requiring a culpable mental state for offenses
defined by a municipality in excess of the amount authorized by Section 12.23 of
the Texas Penal Code. To be found guilty of most offenses, a person must be
found to have intentionally, knowingly, recklessly, or with criminal negligence
engaged in a prohibited act described in state law or local ordinance. However,
some prohibited acts described in state laws or municipal ordinances dispense
with the culpable mental state. In other words, such laws and ordinances do not
require proof that a person engaged in a prohibited act intentionally, knowingly,
Page 14 of 20
Minutes of the Regular Session — August 11, 2005
recklessly or negligently — all that is required is proof that a person performed the
described act. During the regular session of the Legislature earlier this year, the
Legislature passed House Bill 970, which provides:
An offense defined by municipal ordinance ... may not dispense
with the requirement of a culpable mental state if the offense is
punishable by a fine exceeding ... [$500.00]."
While the majority of violations defined by the Code of Ordinances are
punishable by a fine not to exceed $500.00, violations of ordinances concerning
fire, safety, zoning or public health or sanitation may be punishable by a fine not
to exceed $2,000.00. Currently, the City's Code of Ordinance does not require a
culpable mental state for the commission of an offense unless the provisions
defining the offense expressly require a culpable mental state. Therefore, this
proposed ordinance is only applicable to those offenses that carry with it a
possibility of a fine in excess of $500.00 and requires that before a person can be
found guilty of any such offense, proof must be presented that the person
negligently engaged in the prohibited act. These changes conform Section 1 -15 to
the new state law. If passed, the effective date of the proposed ordinance will be
September 1, 2005, which coincides with the effective date of HB -970.
d. Proposed Ordinance No. 050811 -11 authorizes the sale of 0.91 acres of surplus
property located on North Reddell Road, Harris County, Texas. Such property is
more particularly described as Lot 1 of the Minor Plat of Gonzales. The property
has recently been subdivided, as it was a part of a bigger tract of land used as the
Police Department's shooting range. Neither Chief Jones nor any other
department had objections to the sale of this surplus property. Therefore, should
Council approve this proposed ordinance, the City will advertise requesting bids
for the purchase of the property. The City will impose a minimum bid price of
$12,728.02 -- $12,000 being the Harris County Appraisal District's value and
$728.02 being the cost of the minor plat, which was required in order to subdivide
the property for sale. The cost of the plat was borne by a third party, who may bid
on the property. Should the City receive bids at or in excess of the minimum bid
price, the City will accept such bid and shall reimburse the third party for the cost
of the survey.
e. Proposed Ordinance No. 050811 -12 authorizes the abandonment of a portion of a
sixteen -foot utility easement and an eight -foot utility easement along a north line
in Eastpoint Subdivision Section 1, Hams County, Texas, contingent upon the
payment of fair market value. Goose Creek Consolidated Independent School
District and Seabird Properties have petitioned the City for the abandonment of a
portion of the two utility easements. Releases have been received from all utility
companies. All adjoining landowners have joined in the petition. The fair market
value of the easements is $0.75 per square foot. A copy of each petition and each
release is included in the packet, along with a copy of a map of the portions
sought to be abandoned.
Section 2 -767 of the Code of Ordinances, City of Baytown, provides, in part, as
follows:
Page 15 of 20
Minutes of the Regular Session — August 11, 2005
...upon the payment of a fee of $100.00 or the appraised market
value of the easement based upon not less than one appraisal,
whichever is greater and after abandonment of the easement, the
City will deliver a quitclaim deed to the owners of the fee simple
title thereto.
Council Member Sheley moved adoption of the consent agenda, items a through e. 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, 127
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF SIXTY -ONE THOUSAND ONE HUNDRED NINETY -
SIX AND 98/100 DOLLARS ($61,196.98) TO SUNGARI) PENTAMATION, INC., AS THE
COST FOR THE ANNUAL SOFTWARE MAINTENANCE CONTRACT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 10,128
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF PROMAXIMA MANUFACTURING FOR THE PURCHASE
AND INSTALLATION OF EXERCISE EQUIPMENT FOR THE BAYTOWN POLICE
ACADEMY AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM
OF THIRTY -SIX THOUSAND TWENTY -THREE AND N01100 DOLLARS ($36,023.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,129
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 1 "GENERAL PROVISIONS," SECTION 1 -15 "MENTAL STATE"
OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO CONFORM
WITH HB -970 REQUIRING A CULPABLE MENTAL STATE FOR OFFENSES DEFINED
BY A MUNICIPALITY IN EXCESS THE AMOUNT AUTHORIZED BY V.T.C.A., PENAL
CODE §12.23; CONTANING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 16 of 20
Minutes of the Regular Session — August 11, 2005
ORDINANCE NO. 10,130
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING ADVERTISING FOR SALE 0.91 ACRES OF SURPLUS PROPERTY LOCATED ON
NORTH REDDELL ROAD, HARRIS COUNTY, TEXAS; ESTABLISHING THE MINIMUM BID
PRICE; AUTHORIZING ACCEPTANCE OF THE HIGHEST AND BEST BID MEETING OR
EXCEEDING THE MINIMUM BID PRICE; AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN TO ANTONIO GONZALES IN THE AMOUNT OF SEVEN HUNDRED TWENTY -
EIGHT AND 02/100 DOLLARS ($728.02) FOR REIMBURSEMENT OF THE COSTS ASSOCIATED
WITH THE MINOR PLAT; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE ABANDONMENT OF A PORTION OF A SIXTEEN -FOOT UTILITY
EASEMENT AND AN EIGHT -FOOT UTILITY EASEMENT ALONG A NORTH LINE IN
EASTPOINT SUBDIVISION SECTION 1, HARRIS COUNTY, TEXAS, CONTINGENT
UPON THE PAYMENT OF FAIR MARKET VALUE; DETERMINING THE FAIR MARKET
VALUE OF SUCH EASEMENTS AUTHORIZED TO BE ABANDONED HEREIN;
AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS UPON RECEIPT OF
PAYMENT FOR THE SAME; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Announcement of Mayor's appointment to the Baytown Housing Authority.
This item was not ready for consideration.
Consider appointment to Baytown Housing Finance Corporation.
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.
Additionally, Bill Burge (Architect) has tendered his resignation.
Council Member Murray moved appointment of John Rowland to the Construction Board of
Adjustments and Appeals. 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 17 of 20
Minutes of the Regular Session — August 11, 2005
Mayor Mundinger announced that James Davis will move from the citizen -at -large position to
the architectural position on the Construction Board of Adjustments and Appeals.
Consider appointments to the Baytown Area Water Authority Board.
The terms of Bob Gillette, Dan Mundinger, and Dan Conejo expire on September 1, 2005.
Messers. Gillette and Mundinger fill positions that require residence within the City. Mr. Conejo
fills a position that requires residence within the City's extraterritorial jurisdiction and within the
service boundaries of the Authority. Mr. Gillette has attended 17, Mr. Mundinger has attended
16, and Mr. Conejo has attended 18 of the 19 meetings held since their last reappointment. Each
has agreed to continue to serve if Council elects to reappoint them.
Council Member Sheley moved appointment of Bob Gillette, Dan Mundinger, and Dan Conejo
to the Baytown Area Water Authority 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 carried.
Consider appointments to Reinvestment Zone Number One, City of Baytown.
The terms of Don Murray, Reggie Brewer, and Mike Wilson expire on August 31, 2005. Dr.
Murray has attended 10 and Mr. Brewer has attended 6 of the meetings held since their last
appointment. Mr. Wilson has attended 7 of the 9 meetings held since his appointment to fill the
unexpired term of Will Deane. Each has agreed to continue to serve if Council elects to
reappoint them.
Council Member Capetillo moved appointment of Don Murray, Reggie Brewer, and Mike
Wilson to the Reinvestment Zone Number One, City of Baytown. 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.
Discuss and 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.
Page 18 of 20
Minutes of the Regular Session — August 11, 2005
Council Member Capetillo nominated Council Member Anderson to fill the position of Mayor
Pro Tem for 2005 -2006. 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.
City Manager's Report.
Manager Jackson informed Council of the Street Mill and Overlay Project, funded by the street
maintenance sales tax, is currently underway.
Mr. Jackson announced the retirement of City Clerk Gary W. Smith, effective August* 31, 2005.
Conduct appeal of Cornerstone/Woodbridge Properties LLC, of the decision, of the Urban
Rehabilitation Standards Review Board, ordering the demolition of the buildings at Taft
Circle Apartments.
Witnesses for the hearing were sworn in. Dr. Nanik Bhagia, Jacky Bhagia, and Dr. Hardam
Singh Azad testified that the complex has been cleaned, fenced, and secured from unauthorized
entry. They testified that MP Acquisitions of Dallas had entered into a purchase agreement for
the property. They asked that the order of the Urban Rehabilitation Standards Review Board be
reversed. Bill Campbell, engineer for the owners, testified that life safety issues did not exist
because the property was not occupied.
Kevin Byal, Chief Building Official, presented evidence of the condition of the property through
photographs and the testimony provided by neighbors during the Urban Rehabilitation Standards
Review Board hearing. He testified to the failure to secure the property until the week before the
URSRB hearing. He reported that there have been vandals, vagrants, and arrests on the property.
He stated that the property was unfit for human habitation.
The hearing was closed.
Council Member Sheley moved that the appeal of A & K Investments 1, Inc., be taken before the
Council makes a ruling on the appeal by Cornerstone /Woodbridge Properties, LLC. 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 19 of 20
Minutes of the Regular Session — August 11, 2005
Conduct appeal of A &K Investments I, Inc., of the decision, of the Urban Rehabilitation
Standards Review Board, ordering the demolition of the buildings at Taft Circle
Apartments.
The witnesses for the hearing were sworn in. Alfred Antonini, representative of A & K
Investments I, Inc., testified about the history of the complex and why it was unoccupied. He
testified that A & K promptly secured the property after notice from the City. He testified that
the property could not be cleaned or preserved because the City had condemned the property and
prohibited entry on the premises. He testified, through photographic evidence, that the property
was not in a condition that warranted its demolition.
Kevin Byal, Chief Building Official, requested that his testimony from the first hearing be
adopted at this hearing. He testified concerning the notice of violations given to the property
owner. He testified concerning the conditions that lead the City to prohibiting occupancy of the
complex, i.e., electical violations, no natural gas, and no hot water. There was no response from
the owners about the violations. He reported the procedure outlined for the cleaning of the
apartments, however the owners did not follow the procedure. He stated that an asbestos survey
is required before any permits can be issued. He urged a detailed scope of work and timeline
based on proper plans.
Mayor Mundinger recessed the hearing at 10:10 p.m.
The hearing reconvened at 10:33 p.m.
Mayor Mundinger suggested that the hearing recess for a period of approximately thirty days to
allow an ad hoc committee to work with staff and the property owners to find tangible
declarations to assure City Council that the rehabilitation of the property will be done in a
prompt manner. If an agreement for rehabilitation cannot be reached, the hearing will continue
with the engineer testifying.
Representatives of each owner waived any conflict that might exist by virtue of the ad hoc
committee meeting with staff and the owners.
Mayor Mundinger appointed Mayor Pro Tern Anderson and Council Members Mahan and
Capetillo to the ad hoc committee.
Mayor Mundinger recessed the hearing until September 19, 2005 during the special meeting to
be held on that date at 4:30 p.m.
Nancy Walding, Plumwood Townhomes, addressed Council and stated that the complex had
been without maintenance. She asked that the neighborhood be remembered when Council made
decisions concerning the complex. She urged that no permits be issued to Antonini and his
associates.
Richard Heyen waived his opportunity to speak.
Consider affirming, modifying, or reversing the decision of the Urban Rehabilitation
Standards Review Board ordering the demolition of the buildings at Taft Circle
Apartments. (Cornerstone/Woodbridge Properties, LLC.)
Page 20 of 20
Minutes of the Regular Session — August 11, 2005
op� Consider affirming, modifying, or reversing the decision of the Urban Rehabilitation
Standards Review Board ordering the demolition of the buildings at Taft Circle
Apartments. (A &K Investments I, Inc.)
Council Member Sheley moved that action on both appeals be postponed until the September 19,
2005, special Council meeting. 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.
Adjourn.
Council Member Anderson proved that the meeting adjourn. 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.
There being no further business, the meeting adiourned at 10:49 o.m.