2005 12 22 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 22, 2005
4:30 p.m.
The City Council of the Cary of Baytown, Texas, met in special session on December 22, 2005, at
4:30 p.m. in the Auditorium of the Baytown Community Center with the following in attendance:
Ronnie Anderson
Brandon Capetillo
Sammy Mahan
Don Murray
Mercedes Renteria III
Scott Sheley
Calvin Mundinger
Gary M. Jackson
Bob Leiper
Ignacio Ramirez, Sr.
Kelvin Knauf
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Deputy City Manager
City Attorney
Assistant City Manager /Interim City Clerk
The meeting was opened with a quorum present and Council Member Anderson led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Consider Proposed Ordinance No. 051222 -1 repealing Ordinance No. 10,061 adopted on
April 28, 2005.
Ordinance 10,061 authorized an amendment to the Lease of Premises concerning a portion of
Bayland Island 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. The proposed ordinance authorizes an amendment to the lease
agreement to release Angel Brothers Enterprises, Ltd., from its obligations under the lease and
reinstate the aforementioned additional area for the development of outside amenities to
complement the operation in the former restaurant building and the environmental obligations on
the lessees.
The history of the agreement is as follows:
Council Ordinance Action
Approval Date: Number Taken
February 12, 2004 9722 City Council authorizes sale of the existing
building previously used as a restaurant facility at
Bayland Island and an accompanying ground lease
with Angel Brothers Enterprises, Ltd.
August 12, 2004 9850 City Council approves Angel Brothers subleasing the
property to Bayland Island Development, L.C.
Page 2 of 6
Minutes of the Special Session — December 22, 2005
effective August 12, 2004; however, Angel Brothers
Enterprises, Ltd. remained obligated to the terms and
conditions of the lease.
September 9, 2004 9879 City Council approves Bayland Island
Development subleasing the property to Bayland
Island Beverage, Inc.; however, pursuant to the terms
of the Gonsent to Sublease, Angel Brothers
Enterprises, Ltd. and Bayland Island Development,
L.0 also remained liable under the lease.
March 10, 2005 10,022 City Council approves an amendment to the lease of
premises to provide additional area for development
of amenities. Amended lease was not executed by the
Lessee (Angel Brothers Enterprises, Ltd.).
April 28, 2005 10,061 City Council approves repeal of Ordinance
10,022 and replaces with a new ordinance containing
an amendment concerning wetlands delineation.
Amended lease was not executed by the Lessee
(Angel Brothers Enterprises, Ltd.).
December 22, 2005 Proposed Ordinance 051222 -1 repeals Ordinance
10,061 and authorizes an amendment similar to the
agreement approved on April 28, 2005 (but not
executed by Lessee) except that Angel Brothers
Enterprises Ltd. would be released from its
obligations under the lease.
Council Member Anderson moved for adoption of the proposed ordinance. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
ORDINANCE NO. 10,231
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
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 TO PROVIDE ADDITIONAL AREA FOR
THE DEVELOPMENT OF OUTSIDE AMENITIES TO COMPLEMENT THE
OPERATION IN THE FORMER RESTAURANT BUILDING AND TO IMPOSE
DIFFERENT ENVIRONMENTAL OBLIGATIONS ON THE LESSEES;
AUTHORIZING AND DIRECITNG THE CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO AN AMENDMENT TO THE LEASE OF
PREMISES CONCERNING A PORTION OF BAYLAND ISLAND WITH ANGEL
Page 3 of 6
Minutes of the Special Session — December 22, 2005
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; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 051222 -1 amending the City's policy for the provision of
utility services outside the city limits for public educational facilities.
Proposed Resolution No. 051222 -1 amends the City's policy for the provision of utility services
outside the city limits to allow for public educational facilities outside the City limits to obtain
utilities from the City of Baytown, when available. On November 13, 2003, the City Council
established a policy for the provision of utility services outside the city limits through Resolution
No. 1615. The policy for commercial establishments limits water services to a one -inch tap if
service is available and requires the denial of wastewater services altogether. Therefore, in order for
a commercial establishment to obtain both water and sewer utility services from the City, the owner
of the property must request annexation. The Goose Creek Consolidated Independent School
District (the "District ") intends to have this property annexed in the future and staff is researching
the issues surrounding such a request. In the mean time, the School District desires to verify the
ability to gain access to utilities so they can move forward with design and construction towards
intended completion in 2008. Instead of annexing the Property, which is not contiguous to the City
limits, at this time, this resolution amends the City's policy of not extending utilities outside the City
limit to allow the extension of utilities for public school facilities. If the policy is amended, the
District will be required to pay all costs associated with gaining access to existing City utilities, pay
impacts fees, and pay water and sewer service charges at the rates established for users outside the
City limits.
Council Member Capetillo moved for adoption of the proposed resolution. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
RESOLUTION NO. 1759
A RESOLUTION OF THE QTY COUNCIL OF THE QTY OF BAYTOWN,
TEXAS, AMENDING RESOLUTION NO. 1615 ADOPTED ON NOVEMBER 13,
2003, REGARDING THE PROVISION OF UTILITY SERVICES OUTSIDE THE
CITY LIMITS FOR PUBLIC EDUCATIONAL FACILITIES; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consent Agenda:
Page 4 of 6
Minutes of the Special Session — December 22, 2005
a. Proposed Ordinance No. 051222 -2 awards the request for proposal to purchase
furniture for the Hurricane Katrina Evacuees to J -N J Investments, Inc. d/b /a Mattress
Factory Outlet. Proposals for furniture were sent to four (4) suppliers with no
responses. The request for proposal was revised and sent to three (3) suppliers with
both replying. The furniture items include twin bed, double bed, standard sofa, 3 -piece
coffee table set, 5- drawer chest, 5 -piece dining table, and 7 -piece dining table. There are
430 evacuee households residing in the Baytown area that have been approved for
FEMA Housing Assistance by the Baytown Housing Authority. Furniture will be
distributed to those families as the requests are processed.
b. Proposed Ordinance No. 051222 -3 awards a contract to PB &J Pavement Marking, Inc.
for the Texas Avenue re- striping project. On August 11, 2005 the City Council selected
alternative "C" as the striping pattern for Texas Avenue. This alternative provides for
22.5 degree angled parking on both sides of the street. On December 9, 2005 bids for
the Texas Avenue re- striping were opened. The low bidder was PB &J Pavement
Marking, Inc. in the amount of $17,246.50. The total project costs include $18,500 for
engineering design fees and $5,500 for construction management services. The total cost
of the project, including engineering, construction, and construction management is
$41,264.25. Funding for this project is from the Municipal Development District
through an interlocal agreement approved by the MDD Board on November 4, 2004
and approved by the City Council on November 11, 2004.
c. Proposed Ordinance No. 051222 -4 accepts the donation of a 6.987 -acre tract of land in
the William Scott Upper League, Harris County, Texas, from Bobby H. Hughes and
Joan Ni Hughes for the Goose Creek Stream Project. One of the main goals of the
Goose Creek Stream Development Committee is to secure property along Goose Creek
to provide public access to the water. This donation of almost 7 acres follows that goaL
The 6.987 -acre donation is located north of Lindbergh Street and west of the Goose
Creek CISD maintenance facilities. The property runs parallel to the railroad tracts that
are located directly behind Robert E. Lee High School.
d. Proposed Ordinance 051222 -5 authorizes an Industrial District Agreement with Texas
Genco II, LC for a seven -year period. This is a new company industrial district
agreement and the parties have stipulated as to the base year value.
Council Member Sheley moved for adoption of the consent agenda, items a through d. Council
Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
ORDINANCE NO. 10,232
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF J -IV J INVESTMENTS, INC, D /B /A
MATTRESS FACTORY OUILET FOR FURNITURE FOR THE HURRICANE
Page 5 of 6
Minutes of the Special Session — December 22, 2005
KATRINA EVACUEES; AUTHORIZING PAYMENT BY THE QTY OF
( BAYTOWN IN THE AMOUNT NOT TO EXCEED FOUR HUNDRED THIRTY
THOUSAND AND 00/100 DOLLARS ($430,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
ORDINANCE NO. 10,233
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF PB &J PAVEMENT MARKING, INC:., FOR
THE TEXAS AVENUE RE- STRIPING PROJECT, AUTHORIZING PAYMENT BY
THE QTY OF BAYTOWN IN THE AMOUNT OF SEVENTEEN THOUSAND
TWO HUNDRED SIXTY-FOUR AND 25/100 DOLLARS ($17,264.25); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,234
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN,
TEXAS, ACCEPTING FROM BOBBY H. HUGHES AND JOAN M. HUGHES THE
DEDICATION OF A 6.987 -ACRE TRACT OF LAND IN THE WILLIAM SCOTT
UPPER LEAGUE, HARRIS COUNTY, TEXAS, FOR THE GOOSE GREEK
STREAM PROJECT, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,235
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH TEXAS
GENCIO II, LP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider appointments to the Houston - Galveston Area Council Transportation Policy
Council.
The current representative on the Houston - Galveston Area Council Transportation Policy Council
is Council Member Don Murray with Greg Stubbs as the alternate.
Council Member Mahan moved for appointment of Don Murray with Greg Stubbs as Alternate to
the Houston - Galveston Area Council Transportation Policy Council. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider appointments to the Hous ton- Galveston Area Council Transportation Advisory
Council.
Page 6 of 6
Minutes of the Special Session — December 22, 2005
The current representative on the Houston - Galveston Area Council Transportation Advisory
Council is Greg Stubbs with Fred Pack as the alternate.
Council Member Capetillo moved for appointment of Greg Stubbs with Fred Pack as Alternate to
the Houston - Galveston Area Council Transportation Advisory CounciL Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
Consider confirmation of appointment of the City Cleric.
Council Member Sheley moved for confirmation of the Gty Manager's appointment of Lorri Coody
as the City Clerk Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
MayorMundinger.
Nays: None.
The motion carried.
City Manager's Report
No report was presented during this meeting.
Adjourn.
Council Member Sheley moved that the meeting adjourn. 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.
There being no further business, the meeting adjourned a ;pm. � f Interi erk