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2005 09 08 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 8, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on September 8, 2005, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Brandon Capetillo Sammy Mahan Don Murray Mercedes Renteria III Scott Sheley Calvin Mundinger Gary M. Jackson Bob Leiper Kelvin Knauf Ignacio Ramirez, Sr. Council Member Anderson was absent. Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager /Interim City Clerk City Attorney The meeting was opened with a quorum present and Council Member Capetillo 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 August 25, 2005. Council Member Mahan moved approval of the minutes of the work session and regular meeting held on August 25, 2005. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Receive the six month audit on sales tax allocation. The Finance Committee reviewed this information on September 1, 2005. The City of Baytown selected the sales tax collection for auditing to verify the accuracy of the payments received from businesses located in the 77521 zip code and overlapping jurisdiction with the same zip code. The independent auditing firm of Sandersen Knox & Belt, LLP analyzed and verified the accuracy of the sales tax data. Robert Belt introduced Stephanie Harris who had also worked on this project. Mr. Belt informed Council that the primary focus of the audit had been to study the sales tax allocations in zip code 77521. Page 2 of 17 Minutes of the Regular Session — September' 8, 2005 Mr. Belt stated that there were two overall findings that resulted from the analysis. One hundred fourteen records were identified as commercial accounts that were not included on the sales tax reports. While some of these may be non -profit organizations and other entities that are not required to pay sales tax, Mr. Belt said that the City needs to determine if some of the businesses are required to pay sales tax to the City. Three hundred ninety -five other records were identified as misallocations between jurisdictions. Mr. Belt noted that these accounts need to be appropriately assigned and the state comptroller notified of the misallocations. The responsibility for the misallocations and the need for accuracy of the sales tax rolls were briefly discussed. Receive Financial Statements and Management Letter for the Harris County Organized Crime and Narcotics Task Force for the grant year ended May 31, 2005. Sandersen Knox & Belt, LLP, a public accounting firm, conducted the independent audit of the financial statements. The report was reviewed with the Finance Committee on September 1, 2005. Robert Belt presented the report of the Comparative Statements of Revenues and Expenditures for the year ended May 31, 2005 to Council. He stated that there were neither findings of noncompliance nor issues of internal control, so his firm had issued a clean, unqualified opinion, the highest level of assurance that can be provided. Receive 2005 Appraisal Roll as certified by the Harris County Appraisal District. The Appraisal Roll was certified August 29, 2005 and received September 2, 2005. In accordance with Section 26.04(b) of the Texas Property Tax Code, the following values are submitted: Total Real Property Appraised Value: $2,145,946,442 Total Personal Property Appraised Value: $ 391,268,310 Total Real Property Taxable Value: $1,548,116,299 Total Personal Property Taxable Value: $ 299,830,000 Total Uncertified Real Property Taxable Value): $ 79,424,566 Total Uncertified Personal Property Taxable Value): 1 $ 43,005,355 The Chambers County Appraisal Roll was certified and received July 18, 2005. In accordance with Section 26 -04(b) of the Texas Property Tax Code, the following values are submitted: Total Certified Taxable Value: $ 126,438,950 Charlene Piggott, Director of Tax Services for Goose Creek Consolidated Independent School District, addressed Council regarding this item. She noted that Harris County had received more than 200,000 protests from taxpayers, for a total uncertified personal property taxable value of $43,005,355. Im Page 3 of 17 Minutes of the Regular Session — September 8, 2005 Receive the effective tax rate and rollback rate calculation for the 2005 Tax Year (Fiscal Year 2005 -06). The Goose Creek CISD Tax Assessor /Collector has certified the anticipated tax collections for the 2005 tax year to be 100 %, in accordance with Section 26.04(b) of the Texas Property Tax Code. The Certified Collection rate of 100% is used in the Effective Tax Rate Calculation (ETR). This percentage differs from the percentage used in the budget (95.0 %). The ETR is calculated based on receiving all taxes due whereas the budget is based on historical collections. Mr. Jackson stated that the current tax rate has been the same since 1992. He said that staff is proposing the same tax rate of $0.73703 per $100 evaluation. Mr. Jackson explained that the effective tax rate is the tax rate that would be required to generate the same amount of revenue for the new budget year as was generated during the most recent year, using the existing tax base, less new value and exemptions. He noted that this year, the effective tax rate is higher than the proposed tax rate and the rollback rate is higher at $0.79187. : The effective tax rate and its impact on individual property taxes were discussed. Jim Robinson, Chief Appraiser, Harris County Appraisal District, explained that the effect on the individual taxpayer will depend on whether the property valuation had increased or decreased. Mr. Jackson reminded Council that taxes had been capped for those over the age of 65 or disabled, so these taxes would not increase even if the property value were higher. It was noted that new growth in the City had generated the tax base to allow the increase in revenue to improve the infrastructure. Receive Certification of 2005 Anticipated Collection Rate from the Goose Creek Consolidated Independent School District Tax Assessor /Collector. The GCCISD Tax Assessor /Collector has certified the anticipated tax collections for the 2005 tax year to be 100 %, in accordance with Section 26.04(b) of the Texas Property Tax Code. The Certified Collection rate of 100% is used in the Effective Tax Rate Calculation (ETR). This percentage differs from the percentage used in the budget (95.0 %). The ETR is calculated based on receiving all taxes due whereas the budget is based on historical collections. Charlene Piggott, Director of Tax Services for Goose Creek Consolidated Independent School District, addressed Council and certified a 100% collection rate for the purpose of the calculation of the effective tax rate. She explained that the 100% is derived from current collections, delinquent collections, and penalties and interest. Consider Proposed Ordinance No. 050908 -1, the second reading of the Ordinance annexing property for a limited purpose 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 commercial development. City Council approved a strategic partnership agreement with Chambers County MUD No. 1 regarding this property. Page 4 of 17 Minutes of the Regular Session — September 8, 2005 ,, 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. The ordinance was approved on its first reading on July 28, 2005 and was published in The Baytown Sun on August 2, 2005. Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. 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. Consider Proposed Ordinance No. 050908 -2, the second reading of the Ordinance annexing property for a 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 Harris County, Texas (Lake MUD). Lake MUD proposes a single - family residential subdivision. City Council approved a 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. The ordinance was approved on its first reading on July 28, 2005 and was published in The Baytown Sun on August 2, 2005. Council Member Capetillo moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 5 of 17 Minutes of the Regular Session — September 8, 2005 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. Consider Proposed Ordinance No. 050908 -3, approving a contract with Baytown Commissary for the operation and management of the Wayne Gray Sports Complex concession stand(s). This item was withdrawn from consideration. Consider Proposed Ordinance No. 0509084, amending Chapter 102 "Vehicles for Hire," Article II "Taxicabs," Division 3 "Operating Regulations," Section 102 -109 "Fares" of the Code of Ordinances, City of Baytown, Texas, to provide for increased taxicab fares. Each of the three taxi companies operating in the City has requested an increase in fares. The last increase in fares was in 1997. The current fares are $1.50 for the first 1 /10`h mile and $0.30 for each 1 /5`h mile after that. After discussion, Council Member Mahan moved adoption of the proposed ordinance, amended as follows: the rate of fare for one or more passengers picked up from the same point and delivered to a common destination shall be no more than $2.00 for the first 1/5`h of a mile and $0.40 for each 1 /5`h of a mile, or portion thereof, thereafter. The waiting time is increased from $18 to $20 per hour. No additional surcharge for fares between 8:00 p.m. and 6:00 a.m. is authorized. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria,, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,140 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 102 "VEHICLES FOR HIRE" ARTICLE II "TAXICABS," DIVISION 3 "OPERATING REGULATIONS," SECTION 102 -109 "FARES," SUBSECTION (A) OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO PROVIDE FOR INCREASED TAXICAB FARES; CONTANING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 6 of 17 Minutes of the Regular Session — September 8, 2005 Consider Proposed Ordinance No. Senior/Disabled Citizens Taxi Program 2004 -05 unexpended project funds. 050908 -5 authorizing an additional $5,000 for the from the 2005 -06 contingency funds generated by the On July 28, 2005, City Council approved the 2005 -06 Community Development Block Grant budget and authorized such budget to be included in the City of Baytown Annual Action Plan. The Annual Action Plan was submitted to the United States Department of Housing and Urban Development in order to receive the CDBG Entitlement grant. It included funding in the amount of $30,000 for the Senior/Disabled Citizens Taxi Program. These funds would allow program participants to receive two (2) one -way rides per month not to exceed $6 each. The Program provides the participants with ride coupons, currently valued at $6. The Program is being revised to increase the coupon value of each one -way ride to $8 in order to ensure participants receive similar service under the new taxi fare schedule. A participant will be able to travel as far on the $8 coupon after the fare increase as they currently travel on a $6 coupon. Using previous year expenditures and ridership estimates, this proposal would require an additional $5,000. These funds will be expended from the 2005 -06 contingency funds generated by the 2004 -05 unexpended project funds. The adopted CDBG 2005 -06 Action Plan and Budget will not be amended. Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN ADDITIONAL FIVE THOUSAND AND N01100 DOLLARS ($5,000.00) FOR THE SENIORIDISABLED CITIZENS TAXI PROGRAM FROM THE 2005 -06 CONTINGENCY FUNDS GENERATED BY THE 2004 -05 UNEXPENDED PROJECT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050908 -7 establishing fees to be charged pursuant to Chapter 102, "Article III "Tow Trucks," Division 2 "Police- initiated Towing Agreements" of the Code of Ordinances, Baytown, Texas, for tow truck companies performing police - initiated tows. Prior to consideration of Proposed Ordinance No. 050908 -7, Interim City Clerk Kelvin Knauf announced that Council Member Mahan had filed an affidavit indicating a conflict of interest and he would not participate in consideration of the item. Proposed Ordinance No. 050908 -7 establishes fees to be charged pursuant to Chapter 102, "Article III "Tow Trucks," Division 2 "Police- initiated Towing Agreements" of the Code of Ordinances, Baytown, Texas, for tow truck companies performing police- initiated tows. Page 7of17 Minutes of the Regular Session — September 8, 2005 The existing Police - initiated Tow Agreements with the various tow truck companies provide that the companies will charge a fee not to exceed the amount specified in the agreement or such other amount as the City Council may from time to time establish. This proposed ordinance increases the fees as follows: The rising cost of fuel and insurance, the fee increase recommended by the Tow Truck Committee, increasing the storage fee, and how much the increase in the cost of fuel comprises the percentage of the proposed increase were discussed. The following person registered to speak to Council on this item: Brad Shirley, 9 Dyer Avenue Mr. Shirley explained why an increase in the rates is considered necessary, citing the increase in the cost of fuel. He noted that there had not been a rate increase in almost 10 years. The following person registered to speak to Council but waived the opportunity to speak when called upon by the Mayor: Linda Shirley. Council Member Sheley moved adoption of the proposed ordinance, changing the amount of the proposed maximum fee from $105 to a flat rate of $125 for an automobile or a motorcycle. Council Member Murray seconded the motion. Current Proposed Maximum Maximum Normal tow $65.00 $105.00 Normal tow — motorcycle 585.00 $105.00 Transfer fee $20.00 $65.00 Additional charges for • A winch pull and/or rollover in those cases where two (2) separate pulls with the wrecker's winch line are actually required; $20.00 each • A wheel lift; (subject to N/A • The use of dolly wheels; mazunum) • Disconnecting and connecting the driveshaft; and • Other exceptional labor Assistance of a second tow truck $30.00 N/A Maximum charge for any tow $105.00 N/A Storage Char a $10.50 /da $15.00 1da The rising cost of fuel and insurance, the fee increase recommended by the Tow Truck Committee, increasing the storage fee, and how much the increase in the cost of fuel comprises the percentage of the proposed increase were discussed. The following person registered to speak to Council on this item: Brad Shirley, 9 Dyer Avenue Mr. Shirley explained why an increase in the rates is considered necessary, citing the increase in the cost of fuel. He noted that there had not been a rate increase in almost 10 years. The following person registered to speak to Council but waived the opportunity to speak when called upon by the Mayor: Linda Shirley. Council Member Sheley moved adoption of the proposed ordinance, changing the amount of the proposed maximum fee from $105 to a flat rate of $125 for an automobile or a motorcycle. Council Member Murray seconded the motion. Page 8 of 17 Minutes of the Regular Session — September 8, 2005 Legal Advisor Danny Jackson answered a question regarding the rates other cities charge. He explained that, while they vary from city to city, most of the rates are in the same range as the proposed fee of $125. He stressed the need to have a fair and consistent fee. He pointed out that the proposed fee is the maximum rate and the companies may charge less if they wish. Byron Jones, Police Chief, reminded Council that the service under discussion is for police- initiated tows. Council Member Sheley amended his motion as follows: the maximum charge for the normal tow of an automobile or motorcycle is increased to the flat rate of $125; the transfer fee is increased to $65; and, the storage charge is increased to $15 per day. Council Member Murray accepted the amendment to the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING FEES TO BE CHARGED PURSUANT TO CHAPTER 102, "ARTICLE III "TOW TRUCKS," DIVISION 2 "POLICE - INITIATED TOWING AGREEMENTS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, FOR TOW TRUCK COMPANIES PERFORMING POLICE - INITIATED TOWS; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050908 -8, repealing Ordinance No. 10,061 adopted on April 28, 2005, which authorized an amendment to the Lease of Premises concerning a portion of Bayland Island, and authorizing an amendment to the Lease of Premises concerning a portion of Bayland Island with Angel Brothers Enterprises, Ltd., Bayland Island Development, L.C., and Bayland Island Beverage, Inc., to release Angel Brothers Enterprises, Ltd., from its obligations under the lease and to provide additional area for the development of outside amenities to complement the operation in the former restaurant building and to impose environmental obligations on the Lessees. This item was withdrawn from consideration. Page 9of17 Minutes of the Regular Session — September 8, 2005 Consider Proposed Ordinance No. 050908 -9 renewing the City's contract with DRC, Inc. for post- disaster recovery services related to elimination of hazards, opening of roadways, and disposal of debris on an agreed price basis. These services are utilized as needed and at the City's sole discretion and direction. These services are structured to conform to FEMA reimbursement practices and procedures. As a part of this contract, DRC makes available at no cost, technical assistance, and pre -event planning guidance. The 1998 contract expired in December 31, 2002, and this renewal is for an initial term of three years under the same terms and conditions with three one -year renewal options. The new fee /services schedule will be the same as adopted in a contract by the City of Galveston in June 2005. Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,143 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 RENEWAL OF THE AGREEMENT FOR DISASTER RECOVERY SERVICES WITH DRC, INC., FOR POST - DISASTER RECOVERY SERVICES RELATED TO ELIMINATION OF HAZARDS, OPENING OF ROADWAYS, AND DISPOSAL OF DEBRIS ON AN AGREED PRICE BASIS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050908 -1, approving the Investment Policy and Strategy of the City in compliance with the Public Funds Investment Act. Proposed Resolution No. 050908 -1 approves the Investment Policy and Strategy of the City in compliance with the Public Funds Investment Act Section 2256 -005 (e) & 2256 -005 (f). The policy was presented to the Finance Committee on September 1, 2005. The policy was last reviewed and approved by City Council at the regular meeting held September 23, 2004. The change in the investment officers was the only change made. Council Member Capetillo moved adoption of the proposed resolution. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 10 of 17 Minutes of the Regular Session — September 8, 2005 RESOLUTION NO. 1739 A RESOLUTION OF CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN INVESTMENT POLICY AND STRATEGY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050908 -2, approving the Baytown Downtown Area One Design Guidelines as a component of the Downtown Master Plan. On July 28, 2005 H3 Studios presented a draft of the Baytown Downtown Area One Design Guidelines. Prior to the City Council presentation the consultant held two workshops to receive input from the public in regard to the design of Texas Area (Baytown Downtown Area One). The Design Guidelines will serve as a tool to assist in preparing regulations to achieve the overall objective of the Downtown Master Plan, which is the redevelopment of Baytown Downtown Area One. Council Member Sheley moved adoption of the proposed resolution. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1740 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BAYTOWN DOWNTOWN AREA ONE DESIGN GUIDELINES AS A COMPONENT OF THE DOWNTOWN MASTER PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a. Proposed Ordinance No. 050908 -10 authorizes an Interlocal agreement with the Baytown Municipal Development District to provide funding for the Baker Road/North Main Street Sanitary Sewer Expansion Project in an amount not to exceed $1,000,000. The terms of the contract are the same as other Interlocal agreements with the MDD. b. Proposed Ordinance No. 050908 -11 authorizes an Interlocal agreement with the Baytown Municipal Development District to provide funding for the North Little League Park lighting improvements in an amount not to exceed $210,000. The project will replace the aging lighting system at the three - lighted baseball fields located at North Little League Park by replacing the old deteriorating wooden and metal poles and upgrading the lighting from the old 1980's standard of 30 foot candle infield and 20 foot candle outfield to the current 50/30 standard. In the 2004 -2005 City budget, the lighting systems were replaced at both East Little League Park and at the West Little League fields located at Westwood Park. The Central Little League Park fields also meet the current 50/30 standard. The terms of the contract are the same as other Interlocal agreements with the MDD. Page 11 of 17 Minutes of the Regular Session — September 8, 2005 C. Proposed Ordinance No. 050908 -12 awards to the low bidder meeting specifications, Bound Tree Medical, LLC., the annual medical supplies contract for a total award of $26,625.37. Tri-anim Health Services, Inc., did not meet specifications. Invitations to bid were sent to thirteen (13) suppliers and five (5) responses and two no -bids were received. This contract is used by the Emergency Medical Services Department. Funding is available in the EMS/Medical Supplies account. d. Proposed Ordinance No. 050908 -13 awards the annual ammunition contract to the low bidders, Blackhills Ammunition, Inc. for Item No. 1, in the amount of $18,950 and Bailey's House of Guns, Inc., for Item Nos. 2 -11 in the amount of $25,358.58. The total recommended award is $44,308.58. Both companies submitted written requests to renew the current contract for the same pricing, terms, and conditions. The annual ammunition contract is used by SWAT and the Police Department. Funding is available in various accounts, including the Police Department and SWAT. e. Proposed Ordinance No. 050908 -14 awards the renewal of the annual Police and Animal Control uniforms contract to Lonestar Uniforms, Inc., in the amount of $37,911.81. Lonestar Uniforms, Inc. submitted a written request to renew the current contract for the same pricing, terns, and conditions. This contract includes uniforms for the Animal Control and Police Department. Funding is available in the wearing apparel account. f. Proposed Ordinance No. 050908 -15 awards the annual tire and tube contract to the low bidders meeting all specifications as follows: JMB Tire and Appliance Company Fuller Tire Company Sections I, IV & VI $66,299.44 Sections II & III $21,205.60 TOTAL: $87,505.04 A to Z Tire & Battery bid tire brands that are unknown to the City of Baytown Equipment Services Division. When references were checked they could not verify the specified tires that were bid. At the recommendation of the Superintendent of Equipment Services the award is as above. Invitations to bid were sent to fourteen (14) suppliers and four (4) responses were received. Funding is available in the Motor Vehicles and Machinery and Equipment accounts. g. Proposed Ordinance No. 050908 -16 authorizes the purchase of one (1) 2006 short- wheel- base crewcab for the Fire Department from Classic Chevrolet in Beaumont through Houston - Galveston Area Council (H -GAC) in the amount of $28,517.04, including the H- GAC fee of $600. This purchase replaces Unit #994186, with mileage of 87,802. Funding is available in the Administration & Support/Motor Vehicles Capital Outlay account. h. Proposed Ordinance No. 050908 -17 authorizes the sole source purchase, in the amount of $30,000, of a gymnasium floor for the Police Academy from Miller Sports Floors. This item was removed from consideration. This item was removed for separate consideration. mi Page 12 of 17 Minutes of the Regular Session — September 8, 2005 k. Proposed Ordinance No. 050908 -20 authorizes an agreement accepting payment from Kmart Corporation ( "Kmart") concerning its ad valorem tax liability prior to January 22, 2002. On such date, Kmart filed a voluntary petition in the United States Bankruptcy Court for reorganization relief under Chapter 11 of the Bankruptcy Code. Since such time, Kmart has remained in possession of its property and continued some business operations pursuant to the Bankruptcy Code. In the bankruptcy proceedings, the City filed three proofs of claim totaling $47,313.63. Kmart has offered to settle the City's entire claim for $25,694.78. If the City Council approves the proposed agreement, the City will receive payment within 60 days after the contract is signed by the City and received by Kmart. Council Member Sheley moved adoption of the consent agenda, items a through h and k. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,144 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 AN AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE BAKER ROAD/NORTH MAIN STREET SANITARY SEWER EXPANSION PROJECT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,145 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 AN AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE NORTH LITTLE LEAGUE PARK LIGHTING IMPROVEMENTS PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BOUND TREE MEDICAL, LLC FOR THE ANNUAL MEDICAL SUPPLIES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -SIX THOUSAND SIX HUNDRED TWENTY -FIVE AND 37/100 DOLLARS ($26,625.37); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 13 of 17 Minutes of the Regular Session — September 8, 2005 ORDINANCE NO. 10,147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BLACK HILLS AMMUNITION, INC., AND BAILEY'S HOUSE OF GUNS, INC., FOR THE ANNUAL AMMUNITION CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -FOUR THOUSAND THREE HUNDRED EIGHT AND 58/100 DOLLARS ($44,308.58); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,148 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF LONESTAR UNIFORMS, INC., FOR THE ANNUAL POLICE AND ANIMAL CONTROL UNIFORMS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -SEVEN THOUSAND NINE HUNDRED ELEVEN AND 81 /100 DOLLARS ($37,911.81); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,149 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF JMB TIRE AND APPLIANCE COMPANY AND FULLERS TIRE COMPANY, INC., FOR THE ANNUAL TIRE AND TUBE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF EIGHTY -SEVEN THOUSAND FIVE HUNDRED FIVE AND 04/100 DOLLARS ($87,505.04); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY -EIGHT THOUSAND FIVE HUNDRED SEVENTEEN AND 04/100 DOLLARS ($28,517.04) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2006 SWB CREWCAB FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,151 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00) TO MILLER SPORTS FLOORS AS THE SOLE SOURCE FOR THE GYMNASIUM FLOOR FOR THE POLICE ACADEMY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FbR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT ' ACCEPTING PAYMENT FROM KMART CORPORATION CONCERNING ITS AD VALOREM TAX LIABILITY PRIOR TO JANUARY 22, 2002, THE DATE THAT IT FILED BANKRUPTCY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 14 of 17 Minutes of the Regular Session — September 8, 2005 Item j. was removed from the consent agenda and considered separately: Prior to consideration of Proposed Ordinance No. 050908 -19, Interim City Clerk Kelvin Knauf announced that Council Member Murray had filed an affidavit indicating a conflict of interest and he would not participate in consideration of the item. j. Proposed Ordinance No. 050908 -19 approves a pipeline permit for Exxon Mobil Corporation (Exxon) to install a new eight -inch pipeline in an existing pipeline corridor from the Houston Ship Channel north onto Exxon property. The new pipeline will cross Bayway Drive and be installed in the existing overhead structure. The pipeline will cant' industrial grade severely refined mineral oil with a maximum operating pressure of 200 PSIG and a normal operating pressure of 180 PSIG. The carrier pipe has an outside diameter of eight inches and a wall thickness of 0.322 - inches. The pipe will include a three part epoxy coating with a minimum coating thickness of 15 mils. The minimum yield strength of the pipe is 60 KSI. Exxon owns the fee strip through which this pipeline will be routed. Council Member Capetillo moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: None. Abstention: Council Member Murray. The motion carried. ORDINANCE NO. 10,153 AN ORDINANCE APPROVING THE APPLICATION OF EXXON MOBIL CORPORATION FOR A NEW PIPELINE TO BE CONSTRUCTED WITHIN THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE A PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider casting ballots for Chambers County Appraisal District. Consider casting ballots for Harris County Appraisal District representative. Jim Robinson, Chief Appraiser, Harris County Appraisal District, informed Council that two factors had caused the delay in delivery of the Certified Appraisal Roll. The District had undergone a computer conversion to a new software system earlier in the year. In addition, an opinion issued by the Attorney General had removed the ability of the District to preschedule protest hearings. This caused a three -week delay before the appraisal review records could be approved by the board. Council Member Sheley moved to cast the ballots for Kirby Priest as the City's representative to the Chambers County Appraisal District and Bill Harry as the representative of the cities other than Houston to the Harris County Appraisal District. Council Member Mahan seconded the motion. The vote follows: Page 15 of 17 Minutes of the Regular Session — September 8, 2005 Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. 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 appeals from the decisions of the health official relating to the smoking ordinance. The term of Jim Starrett (General Contractor) expired in May of 2003. The position has been vacant since that time. The position of Citizen at Large is also vacant. Council Member Mahan moved appointment of David Sherron to the position of Citizen at Large on the Construction Board of Adjustments and Appeals. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider appointments to the Baytown Beautification Commission. The Mayor may appoint three commissioners and each Council Member may appoint two commissioners. District 2 Council Member Sheley nominated Stewart Gerhart for a two -year term and Dick Perky for a one -year term; District 3 Council Member Capetillo nominated Mary Bagwell for a one -year term and Richard Moody for a two -year term; District 4 Council Member Murray nominated Wayne Hanson for a two -year term; District 6 Council Member Mahan nominated Rikki Wheeler for a two - year term and Shea Williams for a one -year term; and Mayor Mundinger nominated Moira Matthews for a one -year term and Jane Riggs for a two -year tern. Council Member Sheley moved appointment of the above listed persons to the Baytown Beautification Commission. Council Member Murray seconded the motion. The vote follows: Page 16 of 17 Minutes of the Regular Session — September 8, 2005 Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider appointments to Baytown Animal Control Advisory Committee. The terms of Mike Lester, Director of Health, Byron Jones, Chief of Police, and Cynthia Lipps expire on September 26, 2005. These tenors are for two years. Dr. Lipps fills the position for a licensed veterinarian. Mr. Lester fills the position for the Director of Health. Chief Jones fills the position for the Chief of Police. Each has agreed to serve if reappointed by council. During the most recent term, Mr. Lester attended three, Chief Jones attended three, and Dr. Lipps attended two of the four meetings of the board. Council Member Sheley moved appointment of Mike Lester, Director of Health, Byron Jones, Chief of Police, and Cynthia Lipps to the Baytown Animal Control Advisory Committee. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider appointment to the Tow Truck Committee. This item was not ready for consideration. City Manager's Report. Mr. Jackson reminded Council of the ribbon - cutting for the Baytown Nature Center Entryway on September 14, 2005 at 4:30 p.m., the Taste of Texas Summer Concert at the Sports Complex on September 17, 2005 at 6:00 p.m., and the Envision Houston Workshop at the Community Center on September 24, 2005 at 9:00 a.m. In the aftermath of Hurricane Katrina, Mr. Jackson recognized City staff, including Dennis Wells, Heidi Dreher, Kevin Byal, Mike Lester, Scott Johnson, Shon Blake, and Bob Leiper, the City's liaison during the effort, and citizen volunteers who had offered aid and support. He acknowledged the assistance received from Council members and businesses and churches throughout the ordeal. Page 17 of 17 Minutes of the Regular Session — September 8, 2005 A„ Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 8:32 p.m. Interim City i'lerk OOW