2001 06 14 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
June 14, 2001
The City Council of the City of Baytown, Texas, met in regular session on June 14, 2001,
at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in
attendance:
Mercedes Renteria, III
Council Member
Ronnie Anderson
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Coleman Godwin
Council Member
Pete C. Alfaro Mayor
Monte Mercer City Manager
Ignacio Ramirez, Sr. City Attorney
Gary W. Smith City Clerk
Absent: Scott Sheley Council Member
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 work session and regular meeting held on May
24, 2001.
Council Member Anderson moved approval of the minutes of the work session and
regular session held on May 24, 2001. Council Member Mundinger seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, and Murray
Mayor Alfaro
Nays: None
Abstentions: Renteria
The motion carried.
bi
Page 2 of 9
Minutes of the Regular Session —June 14, 2001
Consider approval of minutes for the special meeting on June 5, 2001.
Council Member Murray moved approval of the minutes of the special session held on
June 5, 2001 with the inclusion of Council Member Renteria's name as voting in favor of
adjournment. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria
Mayor Alfaro
Nays: None
The motion carried.
Presentation to former Council Member Victor Almendarez.
Mayor Alfaro presented a plaque to former Council Member Victor Almendarez
expressing appreciation for his prior service to the City and citizens of Baytown. Mayor
Alfaro also offered former Council Member Almendarez best wishes in his future
endeavors.
Consider Proposed Ordinance No. 010614 -1, authorizing a license agreement
between the City of Baytown and Lyondell Chemical Company for the construction
of twenty acres of wetlands and an education pavilion in Baytown Nature Center.
Proposed Ordinance No. 010614 -1 authorizes a license agreement between the City of
Baytown and Lyondell Chemical Company for the construction of twenty acres of
wetlands and an education pavilion in Baytown Nature Center.
Lyondell Chemical Company is working with the Friends of the Baytown Nature Center
to construct an environmental education pavilion at the BNC. The proposed educational
pavilion will be constructed on a 24 -foot high earthen mound just north of the Wooster
Educational Marsh. The pavilion will be large enough for groups of up to 40 students
and will be used for group study, individual projects, wildlife observation, and expert
demonstrations. The project will also consist of site preparation to build the mound and
establish tidal circulation around the pavilion, access way construction, and final site
planting. Construction is expected to begin in late June 2001 to have the pavilion ready
for use in October 2001. Lyondell also plans to organize and supervise volunteer efforts
to do the marsh planting. Lyondell will have a representative present at the meeting to
provide additional information. The Parks and Recreation Advisory Board and the
Baytown Nature Center Sub - Committee have reviewed and approved the project and
recommend approval. No city funding is required for this project.
Page 3 of 9
Minutes of the Regular Session —June 14, 2001
Greg Crouch, Crouch Environmental, appeared for Dick Sloan of Lyondell. He
described the project in detail and related that the project will continue the development
of the Nature Center.
Council Member Mundinger moved approval of the proposed ordinance. Council
Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria
Mayor Alfaro
Nays: None
The motion carried.
ORDINANCE NO. 9171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CONSENTING TO THE CONSTRUCTION OF TWENTY -ACRES OF WETLANDS
AND AN ENVIRONMENTAL EDUCATION PAVILION AT THE BAYTOWN
NATURE CENTER BY LYONDELL CHEMICAL COMPANY; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A LICENSE AGREEMENT RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider approval of the 2001 Equal Opportunity /Affirmative Action Plan.
In accordance with Resolution No. 1146, as amended, this report reflects the progress the
City is making regarding its Affirmative Action Plan. The City of Baytown has increased
in overall female representation and in minority representation in five of nine categories.
Council Member Mundinger moved approval of the Affirmative Action Plan report.
Council Member Godwin seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria
Mayor Alfaro
Nays: None
The motion carried.
Page 4 of 9
Minutes of the Regular Session —June 14, 2001
Consent Agenda
a. Proposed Ordinance No. 010614 -2 awards the first renewal of the annual
mosquito control chemical contract for item #1 to Public Health
Equipment & Supply Company, Inc., in the amount of $12,318.00; items
#5 and #8 to B & G Chemicals and Equipment, Inc., in the amount of
$1,685.75; and items #2, #3, #4, #6, and #7 to Van Waters & Rogers, Inc.,
in the amount of $20,488.35; for a total contract award of $34,492.10.
Van Waters & Rogers, Inc., B & G Chemicals & Equipment Company,
Inc., and Public Health Equipment & Supply Company, Inc., submitted
written requests to renew their current contracts for the same pricing,
terms and conditions. Quantities remain the same. This annual contract
will be used by the Health Department for mosquito control.
b. Proposed Ordinance No. 010614 -3 awards the bid for the purchase of
furniture for the Baytown Police Department Jail Facility from Office
Furniture Innovations, L.L.C., in the amount of $18,695. Pricing
includes installation. Invitations to Bid were mailed to three suppliers and
we received three responses. Funding will be provided by CCPD funds.
C. Proposed Ordinance No. 010614 -4 authorizes a contract with Harris
County to provide bookmobile services. This contract between the City
and the County is the instrument which sets forth Harris County's
agreement to contribute $20,000 toward a shared bookmobile program.
The funds are used to pay the salaries of personnel who serve readers both
inside and outside the City limits. Sterling Municipal Library's extension
service is enhanced by this County support. If the contract is not approved,
the institutions and neighborhoods listed in Section I will no longer
receive service. The 2000 -2001 contract was also for the sum of $20,000.
There are no significant changes in this year's agreement.
d. Proposed Ordinance 010614 -5 authorizes an interlocal agreement with Lee
College for the use of the grounds and facilities for the 4`h of July
Celebration. The grounds at Lee College are used for a variety of
purposes during the 4`h of July Celebration. The interlocal agreement
provides for use of the grounds at no expense to the City. It is a statutory
requirement that the governing body approve the interlocal agreement.
e. Proposed Resolution 010614 -1 calls a special Council meeting to be held
on June 26, 2001 at 6:30 p.m. and cancels the regular Council meeting
scheduled for June 28, 2001. The presentation to the Texas Department of
Transportation will be made on June 28, 2001 and may not provide
sufficient time for return to the City and the deliberate conduct of the
City's business. The calling of a special Council meeting will avoid this
conflict.
Page 5 of 9
Minutes of the Regular Session —June 14, 2001
f. Proposed Resolution No. 010614 -2 requests the sheriff or constable to sell
certain property at a public sale pursuant to Section 34.05(c) of the Texas
Tax Code. In 1997, the Legislature amended the Tax Code to allow taxing
entities to sell, via a public sale, property held by a taxing entity as a result
of the receipt of an insufficient bid at a tax foreclosure sale. At a public
sale, the property will be sold at a public auction at the courthouse door of
the county on the first Tuesday of the month, between the hours of 10:00
a.m. and 4:00 p.m. The acceptance of a bid at such a sale is conclusive
and binding on the question of its sufficiency. As such, it is believed that
this process will provide the City an efficient mechanism for (i) returning
deteriorated or unproductive properties to the tax rolls, (ii) enhancing the
value of ownership to the properties neighboring those which have been
bid off to the City in tax foreclosure sales, and (iii) improving the safety
and quality of life throughout the City. This resolution authorizes the sale
of the following property:
Property Address:
1201 Willow Street
Legal Description:
Lots 151 & 152, Blk. 12;
Pelly Section 1
Number and Style of Suit:
Cause No. 1991 - 12687;
City of Baytown v. Louise
Bellinger, In the 189'h
Judicial District Court,
Hams County, Texas
Date of Tax Foreclosure Sale: 10/5/93
This property was approved for a sheriff or constable sale by Council at
the March 8, 2001, council meeting via Resolution No. 1475. However, at
the Constable's Sale no one bid on the property; therefore, the property
was struck off to the city, school and county. This resolution again
authorizes the sheriff or constable to sell the property.
The right of redemption has expired on the property.
The property contains no improvements.
Council Member Godwin moved approval of the consent agenda, items a through f.
Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria
Mayor AIfaro
Nays: None
The motion carried.
Page 6 of 9
Minutes of the Regular Session —June 14, 2001
ORDINANCE NO. 9172
AN ORDINANCE RENEWING THE CONTRACT OF PUBLIC HEALTH
EQUIPMENT & SUPPLY COMPANY, INC., B & G CHEMICALS AND
EQUIPMENT COMPANY, INC., AND VAN WATERS & ROGERS, INC., FOR THE
ANNUAL MOSQUITO CONTROL CHEMICALS CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -FOUR
THOUSAND FOUR HUNDRED NINETY -TWO AND 10 /100 DOLLARS
($34,492.10); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9l 73
AN ORDINANCE ACCEPTING THE BID OF OFFICE FURNITURE
INNOVATIONS, LLC, FOR THE PURCHASE OF FURNITURE FOR THE
BAYTOWN POLICE DEPARTMENT JAIL FACILITY AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF EIGHTEEN THOUSAND
SIX HUNDRED NINETY -FIVE AND NO /100 DOLLARS ($18,695.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9174
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT
WITH HARRIS COUNTY WITH REGARD TO PROVIDING BOOKMOBILE
PROGRAMS WITHIN BAYTOWN AND IN UNINCORPORATED AREAS IN THE
COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9175
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH LEE COLLEGE DISTRICT FOR THE USE OF CERTAIN
COLLEGE -OWNED PROPERTIES DURING THE JULY 4 T1 CELEBRATION; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1492
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON JUNE 26, 2001, AT
6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS;
CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON JUNE 28,
2001, AT 6:30 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN,
TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 7 of 9
Minutes of the Regular Session —June 14, 2001
RESOLUTION NO. 1493
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REQUESTING THE SHERIFF OR CONSTABLE, TO SELL THE PROPERTY
LOCATED AT 1201 WILLOW STREET AT A PUBLIC SALE PURSUANT TO
SECTION 34.05 (C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 010614 -3, establishing the criteria for
appointment for directors of the Baytown Municipal Development District and
setting terms of office.
Proposed Resolution 010614 -3 establishes the criteria for eligibility for appointment for
the directors of the Baytown Municipal Development District (BMDD). A director must
be a resident of the City and may be an employee, officer or other member of the
governing body of the City, but may not have a personal interest in a contract executed
by the district. A director may be removed at any time by the City Council, without
cause.
Council Member Mundinger moved approval of the proposed resolution establishing the
mandatory criteria for service as a director of the Baytown Municipal Development
District as (1) a resident of the city, (2) community service involvement, (3) a view to
serve the community as a whole, and (4) no conflict of interest; as preferred criteria,
experience in (1) economic development, (2) real estate, and (3) the business community;
that the elected members of City Council would serve terms as directors, co- extensive
with their terms as members of the City Council; and four citizens at large, with two of
the initial members being appointed for a one -year term and the other two being
appointed for a two -year term. Council Member Anderson seconded the motion. The
voter follows:
Ayes: Council Members Anderson, Mundinger, and Murray
Mayor Alfaro
Nays: Godwin and Renteria
The motion carried.
RESOLUTION NO. 1494
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ESTABLISHING CRITERIA FOR ELIGIBILITY FOR APPOINTMENT OF THE
DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT; AND
PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session —June 14, 2001
Consider appointing the directors of the Baytown Municipal Development District.
Texas Local Government Code, Section 377.051, authorizes City Council to appoint the
directors of the Baytown Municipal Development District.
This item was deferred to a special meeting to be held on June 21, 2001.
Consider appointment to the Baytown Area Community Long Range Planning
Commission.
The election of Mercedes Renteria, III to City Council District No. 1 leaves a vacancy on
the Baytown Area Community Long Range Planning Commission. An appointment is
necessary to fill the unexpired term of Mercedes Renteria, III. The position is a City
Council appointment.
This item was deferred to the next City Council meeting.
Consider appointment to the Tow Truck Committee.
The election of Mercedes Renteria, III to City Council District No. 1 leaves a vacancy on
the Tow Truck Committee. An appointment is necessary to fill the unexpired term of
Mercedes Renteria, III. City Council makes this appointment.
This item was deferred to the next City Council meeting.
Announcement of Mayor Alfaro's appointment to the Architect/Engineer Selection
Committee.
Mayor Alfaro announced his appointment of Council Member Godwin to replace former
Council Member Almendarez on the Architect/Engineer Selection Committee. Mayor
Alfaro announced that Council Member Mundinger would chair the Committee.
Consider election of Mayor Pro Tempore.
Section 15 of the Charter requires City Council to elect a mayor pro tem. The mayor pro
tem shall act as the mayor during the absence or disability of the mayor and, if a vacancy
should occur, shall become mayor until the next regular election.
Council Member Mundinger moved the nomination of Council Member Murray as
Mayor Pro Tem. Council Member Anderson seconded the motion. The vote follows:
,"w
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Minutes of the Regular Session —June 14, 2001
Ayes: Council Members . Anderson, Godwin, Mundmger M❑rray, and Renteria
Mayor Alfaro
Nays: None
The motion carried.
City Manager's Report.
a) .Budget Work Session on City Council priorities - June 21, 2001,
b) Texas Department of Transportation Presentation - June 28, 2001.
c) Bernard Olive and all who participated in the.EOC Operations during fropical
Storm Allison were commended. They were there and ready, as were the
crews front Parks; Public Works and utilities.
d) TIR7 update
Special Council Meeting on Mall Revitalization Plan - July 10, 2061, San -
Jacinto Mall.
e) 2001 Bond Program update, flic alloeationsare to bedetemuned.
1) Fred Pack was appointed as Baytown's representative on the 1-1 -GAC
Advisory Committee on 61cetric Aggregation..
Adjourn.
There being no 'further business, Council Member :Godwin moved adjouturnent of the
meeting. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Murray, Mundin m. and Renteria
Mayor Alfaro
Nays: None.
The mecting adjourned at O:53 p.m.-
Gary W. Smith
City Clerk