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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