1999 12 09 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 9, 1999
The City Council of the City of Baytown, Texas, met in regular session on
December 9, 1999, at 6:30 p.m., in the Council Chamber of the Baytown City Hall
with the following in attendance:
Victor Almendarez
Council Member
David Byford
Council Member
Calvin Mundinger
Council Member
E. Frank Hinds, Jr.
Council Member
Coleman Godwin
Council Member
Scott Sheley
Council Member
Pete C. Alfaro Mayor
Monte Mercer City Manager
Ignacio Ramirez City Attorney
Eileen P. Hall City Clerk
The meeting was opened with a quorum present, and Council Member
Mundinger led the pledge of allegiance and offered the invocation, after which
the following business was conducted:
Consider Approval of Minutes for the Regular Meeting held on
November 23, 1999
Council Member Godwin moved to approve the minutes. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Byford, Godwin, and Sheley
Mayor Alfaro
Nays: None
Abstained: Council Members Almendarez, Mundinger,
and Hinds.
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Minutes of Regular Session — December 9, 1999
Consider Approval of Minutes for the Special Meeting held on December 6,
1999
Council Member Byford moved to approve the minutes. Council Member
Mundinger seconded the motion. The vote follows:
Ayes: Council Members Byford, Mundinger,
Godwin, and Sheley
Nays: None
Abstained: Council Members Almendarez and Hinds
Mayor Alfaro
Consider Authorization to Solicit Requests for Proposals for
DevelopmentJOperation of a Hotel /Convention Center at Bayland Park
At its meeting on November 30, 1999, the Hotel- Convention Center
Committee determined to request that Council seek proposals through local
notification. The Committee felt that proposals could be solicited locally with little
administrative effort. The proposal will include a clause for specific performance
dates to be met to maintain the land lease. The timeline provides for receipt of
proposals on January 7, 2000, with award of a contract on February 10, 2000.
Council Member Almendarez moved to authorize soliciting requests for
proposals for development/operation of a hotel /convention center at Bayland
Park. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger,
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
Consider Proposed Ordinance No. 990912 -1, Setting the Time, Date, and
Place for a Public Hearing to Adopt and Amend Rules Governing Plats and
Subdivisions of Land within the City and the Extra - Territorial Jurisdiction
of the City for 6:35 p.m. on January 13, 2000
This public hearing is required by Section 212.002 of the Texas Local
Government Code and must occur prior to council adopting or amending rules
governing plats and subdivisions of land. The proposed changes to the City's
current subdivision ordinance pertain to redefining a "subdivision." Currently,
subdivision is defined as when a property is divided into six or more parts. The
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Minutes of Regular Session — December 9, 1999
proposed change defines subdivision as when a property is divided into two or
more parts. Another change will establish a procedure for approval of minor
plats, which are those subdivisions that include four or fewer lots and both of the
following conditions are satisfied:
each lot of the subdivision shall have frontage on an existing
public street, and shall not necessitate the creation of any
new street, or the extension of any existing street; and
the subdivision shall be served by existing municipal utilities
of adequate capacity, and shall not necessitate the
extension of any municipal utilities, except for the installation
of service lines to the individual lot(s) from existing mains of
adequate capacity.
The proposed ordinance also establishes an administrative procedure for
considering and approving amending plats. Amending plats are plat
amendments, which are needed to correct an error contained in the preceding
plat including, but not limited to, an error in a real property description, an
omission of a distance, and scrivener's errors.
These proposed changes are designed to promote the health, safety, and
general welfare of the city and the safe, orderly, and healthful development of the
city. The Growth Management and Development Advisory Commission will
review the staff recommendations at its December 15 meeting and make a
recommendation to the City Council. The hearing is being scheduled in order to
hold the public hearing and implement any recommendations from Growth
Management at the January 13 Council Meeting. Council Member Mundinger
moved to adopt the ordinance. Council Member Almendarez seconded the
motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger,
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8781
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN SETTING A DATE, TIME, AND PLACE FOR A
PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO
THE RULES GOVERNING PLATS AND SUBDIVISIONS OF
LAND WITHIN THE CITY OF BAYTOWN; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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Minutes of Regular Session — December 9, 1999
Hold Public Hearing on Request to Operate Board of Pardons and Parole
Office at 1307 South Highway 146 (Old Pelly Junction Site) at 6:35 p.m.
Mayor Alfaro called to order the public hearing concerning the request to
operate a Board of Pardons and Paroles Office at 1307 State Highway 146,
Baytown, Harris County, Texas. He asked that everyone desiring to speak at the
hearing sign the list in the foyer as that list would provide the speaking order for
the hearing. He stated that the hearing was to allow the citizens of Baytown to
speak regarding the proposed location of a Board of Pardons and Paroles Office
at 1307 State Highway 146, Baytown, Harris County, Texas. He said that
everyone desiring to present information would be given ample opportunity to do
so; however, he encouraged each speaker to be as brief and to the point as
possible. He said that was not an adversarial -type proceeding, but an
opportunity for all interested persons to be heard.
The City Manager said that the location at 1307 State Highway 146 was
within 1,000 feet of a residential area requiring local notice be given and a public
hearing held. GR Properties has been commissioned by the General Services
Commission to locate a facility in Baytown. This particular site was selected
because people who utilize this site will probably utilize the other two state
agency sites across the street. If this location were not within 1,000 feet of a
residential area, a primary or secondary school, or property designated as a park
or public recreation area, no consent would be needed. The building is to be
refurbished with a stucco finish. It will house seven officers and two to three
clerical staff. There will be an average of twenty -five parolees per day at this
location. The Board of Pardons and Parole has selected Baytown because of
the population of parolees already residing in Baytown or the surrounding area.
Wayne Webb, 713 East Republic
Mr. Webb asked Council take more time to review this location as it was
close to a residential area, the Grand Parkway, and a public school.
Since no one else had registered to speak, Mayor Alfaro closed the public
hearing.
Hold Public Hearings on the Proposed Annexation of an Approximate
Eighteen -Acre Tract at the Southwest Corner of Garth Road at Lynchburg -
Cedar Bayou Road at 6:40 p.m.
Mayor Alfaro called to order the public hearing concerning the proposed
annexation of an approximate eighteen -acre tract at the southwest corner of
Garth Road at West Lynchburg Cedar Bayou Road. He asked all persons
desiring to speak to sign the list in the back of the foyer as the list would provide
the speaking order for the hearings.
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Minutes of Regular Session — December 9, 1999
The City of Baytown has received a request to annex the property and
plans to annex the adjoining roadway at this location. In accordance with state
law, two public hearings must be held on the proposed annexation. The owners
of the property, Jerilyn Novosad, Lula Fay Benes, and Luther Glenn Yarbrough
have requested annexation of the tract. Plans are to construct a Home Depot at
this site. The date of the public hearings shall not be more than twenty days nor
less than ten days after publication of each notice of public hearing. Said
publication was made on November 26, 1999 in The Baytown Sun.
Since no one had registered to speak, Mayor Alfaro closed the public
hearing.
Consider Proposed Resolution No. 991209 -2, Denying Local Consent to the
Operation of a Board of Pardons and Paroles Office at 1307 State Highway
146
On or about November 15, 1999, the City received notice from a
representative of the Texas Board of Pardons and Paroles regarding the use of the
facility located at 1307 State Highway 146 as a parole office. Because the
proposed location is within 1,000 feet of a residential area, the City Council has the
opportunity to determine whether the operation of a correctional or rehabilitation
facility at the proposed location is in the best interest of the City. However, if the
proposed location was not within 1,000 feet of a residential area, a primary or
secondary school, or property designated as a park or public recreation area by the
state or political subdivision of the state, or a church, synagogue or other place of
worship, the City's consent to the proposed location would not be necessary.
According to the representative, this site was selected because people who will
utilize the pardons and paroles office also will probably utilize the other two state
agency sites across the State Highway 146. The administration recommended
denial.
Council Member Mundinger moved to adopt the resolution denying local
consent. Council Member Almendarez seconded the motion. In response to
inquiry from Council, the City Manager said that in a commercial area, local
consent would not be required. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger,
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
991209 -6
Minutes of Regular Session — December 9, 1999
RESOLUTION NO. 1418
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, DENYING CONSENT TO THE OPERATION
OF A BOARD OF PARDONS AND PAROLES OFFICE AT 1307
STATE HIGHWAY 146; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Hold Public Hearings on the Proposed Annexation of an Approximate
Eighteen -Acre Tract at the Southwest Corner of Garth Road at Lynchburg -
Cedar Bayou Road at 6:45 p.m.
Mayor Alfaro called to order the public hearing concerning the proposed
annexation of an approximate eighteen -acre tract at the southwest corner of
Garth Road at West Lynchburg Cedar Bayou Road. He asked all persons
desiring to speak to sign the list in the back of the foyer as the list would provide
the speaking order for the hearings.
The City of Baytown has received a request to annex the property and
plans to annex the adjoining roadway at this location. In accordance with state
law, two public hearings must be held on the proposed annexation. The owners
of the property, Jerilyn Novosad, Lula Fay Benes, and Luther Glenn Yarbrough
have requested annexation of the tract. Plans are to construct a Home Depot at
this site. The date of the public hearings shall not be more than twenty days nor
less than ten days after publication of each notice of public hearing. Said
publication was made on November 26, 1999 in The Baytown Sun.
Since no one had registered to speak, Mayor Alfaro closed the public
hearing.
Consider Proposed Ordinance No. 990912 -2, Adopting an Annexation Plan
Pursuant to Section 43.052 of the Texas Local Government Code that
Specifically Identifies Annexations that may Occur Beginning on the Third
Anniversary Date the Annexation Plan is Adopted
At this time, the City of Baytown plans to annex only those areas that are
exempt from inclusion in a municipal annexation plan, which annexations may
include:
➢ areas containing fewer than 100 separate tracts of land
on which one or more residential dwellings are located on
each tract;
991209 -7
Minutes of Regular Session — December 9, 1999
➢ areas to be annexed by petition of more than fifty percent
of the real property owners in the area proposed for
annexation or by vote or petition of the qualified voters or
real property owners;
➢ areas which are, or were, the subject of:
➢ an industrial district contract or
➢ a strategic partnership agreement;
areas located in a colonia;
➢ areas less than 1,000 feet in width that are annexed
pursuant to agreements with adjacent municipalities;
➢ areas located completely within the boundaries of a
closed military installation;
➢ areas that the municipality determines are necessary to
protect the area proposed for annexation or the
municipality from:
➢ imminent destruction of property or injury to persons;
a condition or use that constitutes a public or private
nuisance as defined by background principles of
nuisance and property law of this state; or
➢ areas that may hereinafter become exempt from
inclusion in a municipal annexation plan.
Therefore, at this time, there are no areas to be included in the City of
Baytown's annexation plan.
Council Member Mundinger moved to adopt the ordinance. Council
Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger,
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8782
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ADOPTING AN ANNEXATION PLAN
PURSUANT TO SECTION 43.052 OF THE TEXAS LOCAL
GOVERNMENT CODE THAT SPECIFICALLY IDENTIFIES
ANNEXATIONS THAT MAY OCCUR BEGINNING ON THE THIRD
ANNIVERSARY DATE HEREOF; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
991209 -8
Minutes of Regular Session — December 9, 1999
Consider Proposed Ordinance No. 991209 -3, Authorizing a Release and
Contract of Settlement with Busch, Hutchinson & Associates (BHA)
Concerning San Jacinto Place Municipal Utility District Nos. 1, 2, 3, and 4
(collectively the MUD)
The proposed ordinance authorizes payment in the amount of $30,971.15.
BHA entered into agreements with the MUD on or about October 18, 1983, to
perform engineering services. On August 26, 1999, the City of Baytown annexed
all of the area in the MUD and, therefore, on such date, assumed all of the assets
and obligations of the MUD pursuant to Chapter 43 of the Texas Local
Government Code. Since the annexation, the City has settled all of the
outstanding claims against the MUD except for BHA's claim. BHA's claim has
been analyzed and calculated by the City's consultant in accordance with
Generally Accepted Accounting Principles and the rules promulgated by the
Texas Natural Resources Conservation Commission. The following chart details
BHA's original claim and the recommended payment amount for each MUD:
BHA
Submitted Recommended Difference
MUD 1
$ 45,097.25
$ 23,735.86
$ 21,361.39
MUD 2
35,156.00
1,831.72
33,324.28
MUD 3
48,838.00
2,839.16
45,998.84
MUD 4
51,083.00
2,564.41
48,518.59
Total
$180,174.25
$ 30,971.15
$ 149,203.10
The proposed ordinance authorizes the execution of a release and
settlement agreement with BHA and authorizes payment in the amount of
$30,971.15.
Council Member Almendarez moved to adopt the ordinance. Council
Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger,
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
991209 -9
Minutes of Regular Session — December 9, 1999
ORDINANCE NO. 8783
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST
TO A RELEASE AND CONTRACT OF SETTLEMENT WITH
BUSCH, HUTCHINSON & ASSOCIATES CONCERNING SAN
JACINTO PLACE MUNICIPAL UTILITY DISTRICT NOS. 1, 2, 3,
AND 4 AND AUTHORIZING PAYMENT IN THE AMOUNT OF
THIRTY THOUSAND NINE HUNDRED SEVENTY -ONE AND
15/100 DOLLARS ($30,971.15) ASSOCIATED THEREWITH; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 991209 -4, Authorizing the Purchase of
Three Tracts of Land Located along Goose Creek Stream Greenbelt ISTEA
Trail Project
In 1994, the City was awarded a grant for acquisition and development of
Goose Creek Phase III in the amount of $1,123,600. The City's twenty- percent
share was $280,900 making the total acquisition and development cost
$1,404,500. TxDOT, administrators of the grant, permitted the City to divide the
overall project into two phases (Phases II and III). The original Goose Creek
Stream project between Texas Avenue and Decker Drive was Phase I
(completed in 1994). Phase II (Bayland /Britton Park area) was completed in May
1998. Plans for Phase III are eighty percent complete and construction is
planned by TxDOT in July 2000. Modifications to the route have been made in
preparing detailed plans for the primary trail during the last couple of years.
Some delay in both acquisition and construction resulted from staff changes at
TxDOT. Earlier this fall, TxDOT authorized proceeding with the planned
acquisition for Phase III.
Two of the three parcels are a 29.978 -acre tract and a 9.693/5.242 -acre
tract located in the heavily wooded area bounded by Market Street, J B LeFevre
Street, Highway 146 (Loop 201), and Goose Creek. The third tract is 2.018
acres of the original 3.73 -acre tract formerly known as Baytown Rentals, 2101
Market Street. The proposed ordinance authorizes the purchase of the three
tracts (46.931 acres) from the Communities Foundation of Texas for
$299,774.17. The remainder of the Baytown Rentals' property, including the
building, will remain in the Communities Foundation of Texas for future use.
29.978 Acres $158,196.99
09.693/5.242 Acres 36,886.96
02.018 Acres 104.690.22
46.931 Acres $299.774.17
991209 -10
Minutes of Regular Session — December 9,1999
This land was purchased by the Communities Foundation of Texas for the
Goose Creek Stream Development Committee. Because the Intermodal Surface
Transportation Efficiency Act (ISTEA) Enhancement Program cannot provide
matching funds for property already owned by municipalities, the land was
purchased and held by the Foundation until the grant and right -of -way corridor for
the trail was approved. With the route approved, the City may now acquire the
property from the Foundation and complete plans for the project. The ISTEA
Enhancement program is an 80/20 matching grant. Funds will come from 1991
bonds and an 80120 grant from the ISTEA Program. The City portion will be
twenty percent or $59,954.83 and will be reimbursed eighty percent or
$239,819.34 from the Texas Department of Transportation. The Goose Creek
Stream Development Committee has reviewed the project and recommends
approval. Council Member Byford moved to adopt the ordinance. Council
Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger,
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8784
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF
PROPERTIES FROM COMMUNITIES FOUNDATION OF TEXAS
FOR THE DEVELOPMENT OF THE GOOSE CREEK STREAM;
DIRECTING THE CITY CLERK TO FILE SAID DEEDS WITH THE
COUNTY CLERK OF HARRIS COUNTY, TEXAS; AUTHORIZING
PAYMENT OF THE SUM OF TWO HUNDRED NINETY -NINE
THOUSAND SEVEN HUNDRED SEVENTY -FOUR AND 171100
DOLLARS ($299,774.17) FOR THE PURCHASE OF THE
PROPERTY; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 991209 -5, Amending the Engineering
Service Contract with Busch, Hutchison & Associates, Inc., to Prepare
Plans and Specifications for the 1998 Municipal Street Rehabilitation
Program
The amendment would change the basis of compensation for basic
engineering services from five percent to six percent of the construction cost for
the remaining streets to be designed (i.e., Oklahoma, Market, and West Main
Street). Phases I and II would not be changed. This adjustment of the
engineering fee is justifiable because of the misunderstanding that the scope of
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Minutes of Regular Session — December 9, 1999
work included design of street drainage. The adjusted percentage of six percent
is still below the normal percentage of compensation of 7.2 percent. The
adjustment will add approximately $12,000 to the engineering service cost and
will be funded by 1997 Certificates of Obligation.
Council Member Almendarez moved to adopt the ordinance. Council
Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger,
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8786
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING AN AMENDMENT TO THE
AMENDMENT OF THE ENGINEERING SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF BAYTOWN AND BUSCH,
HUTCHISON & ASSOCIATES, INC., FOR THE PREPARATION
OF PLANS AND SPECIFICATIONS FOR THE 1998 MUNICIPAL
STREET REHABILITATION PROGRAM; AUTHORIZING
PAYMENT IN THE AMOUNT OF TWELVE THOUSAND AND
NO /100 DOLLARS ($12,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consent Agenda
Council considered the consent agenda items "a" through "f."
a. Proposed Ordinance No. 991209 -6, designates the intersection of
Riceland Road and Garth Road as a signal controlled intersection.
This is a unanimous recommendation of the Growth Management
and Development Advisory Commission. This designation will
allow the expansion of the Garth Road /Baytown Central Boulevard
signal control to include Riceland Road. This will provide for signal -
protected turns onto and out of Riceland Road onto Garth Road
without increasing the number of stop locations along Garth Road.
We recommend approval.
b. Proposed Ordinance No. 990912 -7, awards the annual janitorial
services contract to AMKO Building Maintenance, Inc. in the
991209 -12
Minutes of Regular Session — December 9, 1999
amount of $59,686.08. The renewal amount is a 21- percent
increase due to additional sites, i.e. Utility Billing/Tax Building and
Animal Control. This is the first renewal period of this contract.
We recommend approval.
c. Proposed Ordinance No. 990912 -8, awards the uniform rental and
miscellaneous services rental contract to Best Uniform Supply in
the amount of $28,215.20. This year's renewal contract is a 25-
percent increase due to additional employees in uniforms. This is
the second one -year renewal period of this contract. This contract
is used by all departments for rental services.
We recommend approval.
d. Proposed Ordinance No. 990912 -9, awards the annual water meter
contract Section I (small water meters) and Section II (turbine
meters) to ABB Water Meters, Inc., in the amount of $48,590.90;
and Section III (compound meters) to Hughes Supply in the amount
of $54,968.26, for a total of $103,559.16. Invitations to bid were
mailed to six suppliers and we received four bids and two no -bids.
This contract is for displacement -type small water meters, turbine -
type and compound -type large water meters to be installed by the
Utilities Division.
We recommend approval.
e. Proposed Ordinance No. 990912 -10, rejects the bid received
November 1, 1999, for the annual frozen dinner contract and
awards the rebid to HEB Pantry Store No. 283 in the amount of
$45,302.40. Invitations to bid were mailed to five suppliers and we
received one bid. This is a first -time annual contract to distribute
three meals per day to prisoners detained in the Baytown Jail
Facility. The original contract was opened on November 1, 1999,
and HEB, the only bidder, took exception to the insurance
requirements. This contract was rebid to allow self - insured
companies to bid. HEB is self - insured. This contract requires
delivery of dinners on a weekly basis.
We recommend approval.
f. Proposed Ordinance No. 990912 -11, approves a five -year lease for
a color copier for the Library in the amount of $16,498.92. As
departments within the City increase their expertise to produce
color, camera -ready copy, the demand for color duplication from
the Library print shop has increased. Currently, departments
991209 -13
Minutes of Regular Session — December 9, 1999
outsource color duplication or print multiple copies from color ink jet
computer printers, both of which are more costly than what can be
offered by this lease and in -house services. Outsource costs range
from $0.99 to $1.25 per copy. This process will allow us to produce
copies for $0.25 per copy.
We recommend approval.
Council Member Sheley moved to adopt the consent agenda items "a"
through "f." Council Member Hinds seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger,
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8786
AN ORDINANCE DESIGNATING A SIGNALIZED
INTERSECTION AT RICELAND ROAD AND GARTH ROAD;
AUTHORIZING THE INSTALLATION OF PROPER TRAFFIC
CONTROL SIGNALS; REPEALING CONFLICTING
ORDINANCES; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND NO1100 DOLLARS ($200.00) FOR EACH VIOLATION
THEREOF; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8787
AN ORDINANCE RENEWING THE CONTRACT OF AMKO
BUILDING MAINTENANCE, INC., FOR THE ANNUAL
JANITORIAL AND CLEANING SERVICES CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF FIFTY -NINE THOUSAND SIX HUNDRED EIGHTY -SIX
AND 081100 DOLLARS ($59,686.08); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
991209 -14
Minutes of Regular Session — December 9, 1999
ORDINANCE NO. 8788
AN ORDINANCE RENEWING THE CONTRACT OF BEST
UNIFORM SUPPLY FOR THE ANNUAL UNIFORM RENTAL AND
MISCELLANEOUS RENTAL SERVICES CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF TWENTY -EIGHT THOUSAND TWO HUNDRED
FIFTEEN AND 201100 DOLLARS ($28,215.20); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8789
AN ORDINANCE ACCEPTING THE BIDS OF ABB WATER
METERS, INC., AND HUGHES SUPPLY FOR THE ANNUAL
WATER METER CONTRACT AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED
THOUSAND FIVE HUNDRED FIFTY -NINE AND 161100
DOLLARS ($103,559.16); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
ORDINANCE NO. 8790
AN ORDINANCE ACCEPTING THE BID OF HEB PANTRY
STORE NO. 283 FOR THE ANNUAL FROZEN DINNERS
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF FORTY -FIVE THOUSAND THREE
HUNDRED TWO AND 401100 DOLLARS ($45,302.40); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8791
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SIXTEEN
THOUSAND FOUR HUNDRED NINETY -EIGHT AND 921100
DOLLARS ($16,498.92) TO XEROX CORPORATION FOR YEAR
ONE OF A FIVE -YEAR LEASE OF A COLOR COPIER FOR
STERLING MUNICIPAL LIBRARY; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
991209 -15
Minutes of Regular Session — December 9, 1999
Consider Appointments to the Community Development Advisory Board
Council will consider this item at a future date.
Consider Appointments to the Baytown Industrial Development
Corporation Board
Council Member Hinds moved to appoint Scott Sheley, Victor Almendarez,
Mike Wilson, Coleman Godwin, and Calvin Mundinger to the Baytown Industrial
Development Corporation Board. Council Member Almendarez seconded the
motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger,
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
Consider Appointments to the Emergency Medical Services Advisory
Board
Council Member Almendarez moved to appoint Al Weatherall and Randy
Kimmey to the Emergency Medical Services Advisory Board. Council Member
Byford seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger,
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
Consider Appointments to the Growth Management and Development
Commission
Council Member Hinds moved to appoint Donald C. Murray and Wayne
Smith to the Growth Management and Development Commission. Council
Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger,
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
991209 -16
Minutes of Regular Session — December 9, 1999
Consider Appointments to the Long -Range Planning Committee
Council Member Byford moved to appoint Aline Reinke, Martha Mayo, Jim
Entringer, Mark Bevers, Mike Wilson, Dennis Topper, and David Havel to the
Long -Range Planning Committee. Council Member Hinds seconded the motion.
The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
City Manager's Report
Browing Ferris Industries Collections
With the work Herb Thomas and his staff have done, hopefully we have
been able to address some of the issues that have come up.
Radio Interview on Baytown
Sunday morning at 6:00 a.m. at 106.9 on the radio dial or at 8.30 at 11:10
a.m.
Hold Appeal Hearing on the Urban Rehabilitation Standards Review Board
(URSRB) Order to Demolish a Structure Located at 154 Wood Street
Mayor Alfaro called to order the appeal hearing of the decision of the
Urban Rehabilitation Standards review Board of the City of Baytown to demolish
the barn structure located at 154 Wood Street, Baytown, Texas. He said the
appeal was being held at the request of Robert Hicks, the owner of the property,
who wished to pursue the appeal. He stated that as with all hearings before the
Council, the rules of evidence would be informal; however, he asked both parties
to refrain from using irrelevant or redundant testimony.
Mayor Alfaro swore in all witnesses.
Mayor asked for opening statements of three minutes each beginning with
Mr. Hicks.
Minutes of Regular Session — December 9,1999
Robert Hicks
991209 -17
Mr. Hicks said he had title to the property at 154 Wood Street, but that Mr.
Rodriguez had a contract for deed to the property. He said he sold the property
about six weeks before he received the first notice to do something about the
building. At that time, Mr. Rodriguez said he would get a permit to make repairs.
He still desires to refurbish the building.
Debbie Barnes
Ms. Barnes stated that on November 1, 1999, the URSRB issued an order
to demolish the barn at 154 Wood Street located off Bayway Drive in Wooster
Heights. She said the initial investigation began March 15, 1999, at the request
of neighbors who were concerned about the accessibility of the structure and the
fact that it was in a deteriorating state. The staff upholds the recommendation of
the Board to demolish.
Mr. Rodriguez
Mr. Rodriguez said that he was behind on repairing the building because
of financial problems; however, he had worked out a schedule which he passed
out to Council. He said that he would appreciate more time to finish repairing the
building.
Debbie Barnes
Ms. Barnes said it appeared that the structure was used as an apartment
at one time. She said there was termite damage, dry rot, holes in the wall
exposing the studs, and unsupported floor joints which jeopardizes the second
story. The roof is non - functional.
On April 22, 1999, a notice was posted and mailed for the owners to
attend the May 3 UBSRB meeting. At this meeting, the Rodriguez' were given
thirty days to board the structure and an additional sixty days to get a building
permit and to report back to the Board. On September 3, the Rodriguez' were
notified to attend September 13 UBSRB meeting. At that time, Mr. Hicks
attended the meeting and informed us that the property had reverted to him. He
requested sixty days to repair the structure. At the November 1 meeting, Mr.
Hicks reported that the Rodriguez' had bought the property back, and the Board
issued an order to demolish.
In response to inquiry from Council, Ms. Barnes said that without
plumbing, electrical, or foundation work, $6,500 would be required to repair the
structure. Demolition would take at least another thirty days.
Mr. Rodriguez did not wish to make a closing statement.
991209 -18
Minutes of Regular Session — December 9, 1999
Ms. Barnes said that the staff upholds the order of the Board to demolish
the structure.
Mayor Alfaro closed the appeal hearing.
Consider Affirming, Reversing, or Modifying the Decision of the Urban
Rehabilitation Standards Review Board to Demolish a Structure Located at
154 Wood Street
Council Member Godwin moved to affirm the decision of the Urban
Rehabilitation Standards Review Board. Council Member Hinds seconded the
motion. The vote follows:
Ayes: Council Members Almendarez, Byford, Mundinger,
Hinds, Godwin, and Sheley
Mayor Alfaro
Nays: None
Adjourn
As there was no further business to be transacted, the meeting was
adjourned.
9'e' � / 2 X.Z�-
Eileen P. Hall, City Clerk