2002 01 24 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 24, 2002
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on January 24, 2002, 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
Coleman Godwin
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Scott Sheley
Council Member
Pete C. Alfaro Mayor
Monte Mercer City Manager
Ignacio Ramirez, Sr. City Attorney
Gary W. Smith City Clerk
The meeting was opened with a quorum present. Mayor Alfaro recognized the high school
students present from Ms. White's class at Sterling High School. Council Member Murray 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 January 10,
2002.
Council Member Mundinger moved approval of the minutes of the work session and regular
meeting held on January 10, 2002. Council Member Sheley seconded the motion. The vote
follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Receive Baytown Area Water Authority Financial Statements for the fiscal year ending
September 30, 2001.
BAWA's financial statements are included in the City's Comprehensive Annual Financial
Report. The BAWA Board has received the financial statements. It is recommended that the
City Council receive the BAWA financial statements as a matter of record.
Page 2 of 15
Minutes of the Regular Session - January 24, 2002
Receive Financial Statements, Single Audit Report and Management Letter for the City of
Baytown fiscal year ending September 30, 2001.
In accordance with Article II, Section 31 of the City of Baytown Charter, the Finance
Department has prepared the financial statements for the year ending September 30, 2001. The
Finance Committee has met and reviewed the Financial Statements, Single Audit Report and
Management Letter. Tiller and Company, a public accounting firm, conducted the independent
audit.
Mark Tiller reported that the Financial Statements were reviewed by the firm of Tiller and
Company. The audit report is unqualified and the financial statements and systems are in strong
shape. No findings of noncompliance were discovered. Two comments were covered with City
staff and the Finance Committee.
Council Member Anderson, City Council's representative on the Finance Committee commented
on the professionalism of the City's Finance staff. Mr. Tiller said the reports were extremely
well prepared.
Monte Mercer, City Manager, commended Donna Sams, Director of Finance, and the staff of the
Finance Department for their work.
Mayor Alfaro noted that the Crime Control and Prevention District is treated as any other City
entity and is audited every year.
Consider Proposed Ordinance 020124 -5, authorizing an interlocal agreement with Missouri
City for concrete raising services.
CRC, Inc. is the contractor that will be performing the service under the interlocal agreement. A
successful pilot program was conducted last year by CRC, Inc. Concrete raising involves forcing
grout under street or sidewalk slabs that have settled but are not in need of replacement due to
cracking. The process brings the slab up to a proper elevation without removal and replacement.
The funding will be part of the 2001/2002 Streets Operating Budget.
Council Member Anderson moved adoption of the proposed ordinance. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
WM
Page 3 of 15
Minutes of the Regular Session - January 24, 2002
ORDINANCE NO. 9302
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN
INTERLOCAL AGREEMENT WITH THE CITY OF MISSOURI CITY FOR THE ANNUAL
CONCRETE RAISING SERVICES; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY THOUSAND AND NO 1100
DOLLARS ($70,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution Number 020124 -1, authorizing application to the Texas
Parks and Wildlife Department for a grant for the Wayne Gray Sports Complex expansion
and renovations, and the Republic of Texas Plaza.
Proposed Resolution No. 020124 -1 authorizes the City Manager to apply for a grant up to
$500,000 for the acquisition and development of the Wayne Gray Sports Complex Renovation
and expansion project. The project will consist of land acquisition and the development of the
60 acres of the existing Wayne Gray Sports Complex and the Republic of Texas Plaza, and will
include trails, a freshwater pond, a playground, a large pavilion, renovation of 4 softball fields,
construction of 4 new adult softball fields, tennis court lighting upgrades, sand volleyball courts,
and an interpretive barn for the Republic of Texas Plaza. The submission deadline for the grant
is January 31, 2002. Approval is anticipated in August 2002, with construction expected to
begin in late 2002 and completion in early 2004. The grant amount is $500,000. Local match
funding was approved by the Baytown Municipal Development District on January 24, 2002, in
the amount of $500,000.
The Sports Complex Planning Committee recommended approval and the Parks and Recreation
Committee held a public hearing and recommended approval.
Council Member Murray moved adoption of the proposed resolution. Council Member
Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
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Page 5 of 15
Minutes of the Regular Session - January 24, 2002
Consider Proposed Ordinance 020124 -1, amending the Transportation Thoroughfare Plan
of the City of Baytown 2020 Comprehensive Plan to eliminate the extension of Emmett O.
Hutto Blvd. North of Baker Road.
Kimley -Horn and Associates (KHA) performed a traffic engineering study of the proposed
extension of Emmett O. Hutto Blvd. In performing the study, KHA developed traffic projections
based on the concept plan of Country Club Manor Subdivision. The study performed consisted
of daily trips generated by the proposed development and were estimated using Trip Generation -
61h Edition, published by the Institute of Traffic Engineers. Trips generated by the site were
distributed onto the roadway network. The distribution was based on proposed layout, existing
traffic volumes, surrounding land use, and access to regional transportation networks. The study
indicates that the connection of Emmett O. Hutto to Bush Road is not suitable for the
surrounding land use and the nearby obstacles. KHA supports the recommendation to modify
the Thoroughfare Plan by eliminating the extension of Emmett O. Hutto Blvd. north of Baker
Road.
The Growth Management and Development Advisory Commission and the Community Long -
Range Planning Commission recommend the amendment.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member
Anderson seconded the motion.
In response to a question from Council Member Anderson regarding how Emmett O. Hutto
would have connected to Bush Road, City Manager Mercer explained that originally, Hutto
would have curved north of Baker to Bush, south of the park, and continued to Cedar Bayou
Lynchburg. However, this would have bisected the tract of land and reduced land values. The
short curve limited the positive impact of the extension.
Council Member Murray said that the initial plan was to connect to John Martin. Country Club
Cove ended this route. The curve to Bush is not feasible. The portion that connects to John
Martin had been retained in the plan.
City Manager Mercer noted that this amendment had been approved by the Growth Management
and Development Advisory Commission and the Baytown Area Community Long -Range
Planning Commission.
The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 6 of 15
Minutes of the Regular Session - January 24, 2002
ORDINANCE 9303
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING THE TRANSPORTATION THOROUGHFARE PLAN OF THE CITY OF
BAYTOWN 2020 COMPREHENSIVE PLAN TO ELIMINATE THE EXTENSION OF
EMMETT O. HUTTO BOULEVARD NORTH OF BAKER ROAD TO THE PROPOSED
INTERSECTION WITH BUSH ROAD; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Citizen Communication.
David Alford requested an amendment to the sound ordinance related to a firearms range. Mr.
Alford reviewed the state law exemption for certain sport ranges and requested the same in
Baytown.
Mayor Alfaro referred Mr. Alford's request to Administration for study.
Consider Proposed Ordinance No. 020124 -2, approving termination of lease agreements
with One Bayland Drive, L.C. and Two Bayland Drive, L.C. to terminate the ground leases
for the restaurant, marina and ship store at Bayland Island.
The ground lease for the operation of the restaurant was executed in 1995. The ground lease for
the operation of the marina and ships store was executed in 1997. The effective date of the
termination of these agreements is December 31, 2001. Under the terms of the proposed
termination agreements, One and Two Bayland have tendered a promissory note for all
outstanding rents and monies due under the leases that have yet to be paid.
Council Member Godwin moved adoption of the proposed ordinance. Council Member
Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 7of7
Minutes of the Regular Session - January 24, 2002
ORDINANCE NO.9304
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN
TO EXECUTE TERMINATION OF LEASE AGREEMENTS WITH ONE BAYLAND
DRIVE, L.C., AND TWO BAYLAND DRIVE, L.C., TO TERMINATE THE GROUND
LEASES FOR THE RESTAURANT, MARINA AND SHIP STORE AT BAYLAND ISLAND;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 020124 -3, approving a contract/lease agreement for the
operation of the marina and ships store in the Bayland waterfront district.
The agreement has been negotiated after proposals were solicited and three were received. With
the cooperation of the Economic Development Foundation, we have negotiated a three -year
agreement, with three 5 -year extension options, that will provide for operation of the facilities
with Tim and Tom Hazelwood.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. Mayor Alfaro commented that the City is fortunate to have such quality
operators for this endeavor. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9305
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF
THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A LEASE OF PREMISES
AGREEMENT WITH SOLID WASTE LTD., INC., FOR OPERATION OF THE MARINA
AND SHIP STORE IN THE BAYLAND WATERFRONT DISTRICT; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Page 8 of 8
Minutes of the Regular Session - January 24, 2002
(°^ Consider Proposed Ordinance No. 0201244, approving Change Order No. 1 to Work
Order No. 1, final payment to PM Construction and acceptance of Work Order No. 1 to the
Annual Sewer Rehabilitation Contract 2001.
Proposed Ordinance No. 020124 -4 approves deduct Change Order No. 1 to Work Order No. 1 to
adjust final quantities in the amount of $56,248.60, approves final payment of $20,098.21 to PM
Construction, and accepts Work Order No. 1 to the Annual Sewer Rehabilitation Contract for
2001. The work was on Bob Smith Road, Kentucky, Alabama, Florida, California, Oregon,
Kansas, and Montana Streets. The estimated amount of Work Order No. 1 was $315,633. The
final work order amount is $259,384.40, and represents a 17.8% cost savings. The change order
results from four manholes found to be in need of rehabilitation and two sewer lines which, after
cleaning and videoing, were found in good condition. The cost savings was largely due to the
work avoided on the two lines found in good condition. The work order's original duration was
20 working days and the contractor completed the work in 17 working days. The contractor's
workmanship was satisfactory. This work was funded by 2000 Certificates of Obligation.
Council Member Renteria moved adoption of the proposed ordinance. Council Member Sheley
seconded the motion. City Manager Mercer commended Public Services Director Fred Pack and
Engineering Director Bill Pedersen for bringing this project in under budget. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9306
AN ORDINANCE AUTHORIZING DEDUCT CHANGE ORDER NO. 1 TO WORK ORDER
NO. 1 WITH P.M. CONSTRUCTION AND REHABILITATION, L.P., TO ADJUST THE
FINAL UNIT BID QUANTITIES FOR THE ANNUAL SANITARY SEWER
REHABILITATION CONTRACT 2001; AUTHORIZING FINAL PAYMENT OF THE SUM
OF TWENTY THOUSAND NINETY -EIGHT AND 21/100 DOLLARS ($20,098.21) TO P.M.
CONSTRUCTION AND REHABILITATION, L.P., FOR SAID PROJECT; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consent Agenda
a) Proposed Ordinance No. 020124 -6 authorizes an interlocal agreement with
Barbers Hill ISD, Goose Creek CISD, City Of Seabrook and The City Of
Baytown for an auction to be held on May 4, 2002. This year's auction will be
organized and held by the City of Baytown in coordination with the other entities.
Page 9 of 9
Minutes of the Regular Session - January 24, 2002
b) Proposed Ordinance No. 020124 -7 awards the third renewal of the annual forty-
yard roll -off containers services contract to Waste Management for $99,820.
Waste Management submitted a written request to renew the current contract for
the same pricing, terms, and conditions. Quantities remain the same. The budget
for this account is included in the household garbage account. This contract is
used to deliver and furnish containers to haul and dispose of the contents of forty-
yard roll -off containers. These containers are used by the public for collection of
junk, heavy trash, and building materials.
C) Proposed Ordinance No. 020124 -8 awards the bid for the annual cement
stabilized sand contract to Mega Sand Enterprises, Inc., in the amount of
$86,296.50. Invitations to bid were mailed to four companies and we received
three bids. This year's contract is a 5.81% decrease compared to last year's
awarded total. Cement stabilized sand prices fluctuate due to supply and demand.
Quantities remain the same as last year. Cement stabilized sand is used by the
Public Works and Parks and Recreation Departments for various projects
throughout the City.
d) Proposed Ordinance No. 020124 -9 awards the second renewal of the annual
Police and Animal Control uniform contract to Direct Action Uniforms in the
amount of $38,596.02. Direct Action has submitted a written request to renew the
current contract for the same pricing. Award of contract is a 9.8% decrease
compared to last year's contract. Quantities have been adjusted to reflect the
proposed budget. Regular uniforms have been decreased and alternative uniforms
have been increased due to a policy change that allows officers to wear the
alternative uniform for regular duty year- round. This contract includes uniforms
for the Police Department and the Animal Control Division.
e) Proposed Ordinance No. 020124 -10 awards purchase of Geographic Positioning
System (GPS) survey equipment from Martin Instrument Surveying Solutions in
the amount of $80,315.23. The purchase includes a GPS differential base station,
base station antenna installation, two GPS rovers, all the necessary
hardware /software and training. This equipment is part of the approved multi-
year bond issue for GPS equipment and surveys. The system is an integral part of
the information collection process, which information is to be incorporated into
the Graphical Information System (GIS). The system will satisfy requirements
for Governmental Accounting Standards Board Statement 34 (GASB 34), which
requires government entities to provide information to assist with the
implementation of the new financial reporting model. The new model will
require an increased level of reporting for infrastructure. The GIS and GPS
programs will assist in satisfying these reporting requirements.
Martin Instrument is a QISV vendor. A local government that participates in the
cooperative purchasing program, established under sections 271.082 and 271.083 of
the Local Government Code, satisfies otherwise applicable competitive bidding
requirements when it makes a purchase through the catalogue purchasing procedure
established by article 6701b, section 3.081, V.T.C.S. The purpose of the QISV
(Qualified Information Systems Vendors) Catalogue Purchasing Program is to allow
qualified entities (state agencies and political subdivisions) to purchase automated
information systems products and/or services in an efficient, cost effective, and
competitive procurement method.
Page 10 of 10
Minutes of the Regular Session - January 24, 2002
f) Proposed Ordinance No. 020124 -11 awards purchase of network switching
equipment from Global Data Systems in the amount of $292,446.20. This
equipment is part of the approved multi -year bond issue for the network
infrastructure project. The purchase includes installation of three high -end
switches which are required to upgrade our existing hubs. This will allow us to
later convert from the telephone services now being purchased from Verizon to
an in -house telephone system using state -of -the -art technology. Global Data
Systems, Inc. is a QISV vendor.
g) Proposed Ordinance No. 020124 -12 awards the housing reconstruction project at
309 Daniel to Colts Development in the amount of $33,000. Staff advertised for
bids in the Baytown Sup: and thirty-five letters announcing the bidding opportunity
were mailed out to contractors who have requested placement on our contractor
list. In addition, a notice was placed with Construction Data, which is delivered
to over 600 Houston area contractors. Three bid packages were picked up, three
contractors attended the mandatory prebid meeting, and one bid was returned.
Rehabilitation includes the leveling and repair of the foundation, replacement of
electrical and plumbing systems, roof replacement, HVAC installation, as well as
extensive interior repairs, including replacement of doors, windows, floors, and
sheetrock. The cost of the repairs necessary to bring the home into compliance
with current Code requirements exceeds the rehabilitation limit of $25,000. This
property is approximately 42 years old and in a target neighborhood. The home
has been inspected by staff and is recommended for reconstruction. This project
will be funded by CDBG funds.
h) Consider Proposed Ordinance No. 020124 -13 amends the Code of Ordinances,
Chapter 34 "Environment," Article III. "Junked, Wrecked, Abandoned Property,"
Division 2. "Vehicles," Section 34 -91. "Definitions," by adding new definitions
for "abandoned motor vehicle," "antique auto," "inoperative," and "junked
vehicle," Section 34 -94. "Exceptions," to create an exception for a vehicle
lawfully stored on private property in connection with a licensed dealer or
junkyard, and Section 34 -95. "Notice to Abate; hearing; disposal," to allow
written notice by certified mail, with a five day return receipt requested to the
owner or occupant of the private premises where the nuisance exists.
If the postal address of the last known registered owner is unknown, the notice
may be placed on the motor vehicle or hand delivered. The notice must allow ten
days from the date on which the notice is mailed for removal or abatement of the
nuisance.
These amendments bring our current ordinance into compliance with legislative
changes pursuant to House Bill 489 codified in the Texas Transportation Code,
Chapter 683.071- 683.078, effective September 1, 2001.
Page 11 of 11
Minutes of the Regular Session - January 24, 2002
i) Proposed Resolution 020124 -2 authorizes and directs the Mayor to execute the
General Certificate of Local Governmental Unit and the Certificate of Highest
Elected Official in connection with the issuance of Mortgage Revenue Bonds,
(Mortgage- Backed Securities Program), Series 2002A, in the amount of $28 million,
by Southeast Texas Housing Finance Corporation (STHFC). The bonds will
provide funds to qualified persons of families of low or moderate income to finance
the initial purchase and refinancing of single - family residences.
The issuance of the bonds is expected to advance the STHFC's continued efforts
in providing safe, sanitary, and affordable housing to residents of its sponsoring
political subdivisions, including the City of Baytown. To gain approval of the
Texas Attorney General's Office for the issuance of the desired bonds, the
STHFC has asked that the City of Baytown confirm certain information regarding
the STHFC, including, but not limited to, the City's approval of STHFC's
Restated Articles of Incorporation, the City's appointment of Daniel Sandoval to
the STHFC's Board of Directors, and the fact there is no litigation pending or
threatened against the City relating to STHFC.
Mayor Alfaro announced that item "h" had been withdrawn from consideration. Council
Member Murray moved approval of the Consent Agenda, items a through g, and item i. Council
Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9307
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT
WITH THE BARBERS HILL INDEPENDENT SCHOOL DISTRICT, GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND THE CITY OF SEABROOK
FOR A COOPERATIVE AUCTION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 9308
AN ORDINANCE RENEWING THE CONTRACT OF WASTE MANAGEMENT FOR THE
ANNUAL FORTY -YARD ROLL -OFF CONTAINERS SERVICES CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINETY -NINE
THOUSAND EIGHT HUNDRED TWENTY AND NO /100 DOLLARS ($99,820.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 12 of 12
Minutes of the Regular Session - January 24, 2002
ORDINANCE NO. 9309
AN ORDINANCE ACCEPTING THE BID OF MEGA SAND ENTERPRISES, INC., FOR
THE ANNUAL CEMENT STABILIZED SAND CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF EIGHTY- SIX THOUSAND TWO
HUNDRED NINETY -SIX AND 501100 DOLLARS ($86,296.50); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 9310
AN ORDINANCE RENEWING THE CONTRACT OF DIRECT ACTION UNIFORMS FOR
THE ANNUAL POLICE AND ANIMAL CONTROL UNIFORM CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -EIGHT
THOUSAND FIVE HUNDRED NINETY -SIX AND 02/100 DOLLARS ($38,596.02);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9311
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF EIGHTY THOUSAND THREE HUNDRED FIFTEEN
AND 23/100 DOLLARS ($80,315.23) TO MARTIN INSTRUMENT SURVEYING
SOLUTIONS FOR THE PURCHASE OF GEOGRAPHIC POSITIONING SYSTEM (GPS)
SURVEY EQUIPMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9312
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF TWO HUNDRED NINETY -TWO THOUSAND FOUR
HUNDRED FORTY -SIX AND 20/100 DOLLARS ($292,446.20) TO GLOBAL DATA
SYSTEMS, INC., FOR THE PURCHASE OF NETWORK SWITCHING EQUIPMENT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO.9313
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT NO. 02 -02 TO COLT'S DEVELOPMENT, INC., FOR THE
SUM OF THIRTY -THREE THOUSAND AND NO /100 DOLLARS ($33,000.00);
AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 13 of 13
Minutes of the Regular Session - January 24, 2002
REOLUTION NO. 1530
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS;
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GENERAL
CERTIFICATES OF LOCAL GOVERNMENTAL UNIT RELATING TO THE ISSUANCE OF
SINGLE FAMILY MORTGAGE REVENUE BONDS (MORTGAGE - BACKED SECURITIES
PROGRAM), SERIES 2002A, BY SOUTHEAST TEXAS HOUSING FINANCE
CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider confirmation of the appointment of the Fire Chief.
Council Member Sheley moved confirmation of the appointment of Dale F. Palmer as the Fire
Chief. Council Member Renteria second the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointments to the Emergency Medical Services Committee.
The terms of Al Weatherall and Randy Kimmey expired on December 11, 2001. Both attended
the meeting held in 2001. Barbara `Gabs" Thomas no longer lives within the City. Gail Kenny
has agreed to complete Ms. Thomas' term should Council appoint her. The ordinance creating
the Committee provides for seven members; only five have been appointed. It is recommended
to fill one of the two vacant positions with Jess Navarre, who has agreed to serve should Council
appoint him.
Council Member Mundinger moved appointment of Al Weatherall, Randy Kimmey, Gail Kenny,
and Jess Navarre to the Emergency Medical Services Committee. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointment to the Community Development Advisory Committee.
This item was deferred until the next meeting.
Page 14 of 14
Minutes of the Regular Session - January 24, 2002
Consider appointment to the Growth Management and Development Advisory
Commission and Planning and Zoning Commission.
This item was deferred until the next meeting.
City Manager's Report.
City Manager Mercer announced that Don Williams had been retained as the Fourth of July
entertainment this year.
Council Member Renteria asked how the entertainment is selected. Mr. Mercer explained that
Administration makes the choice from a list of entertainers who are available.
Mr. Mercer informed Council that the Emergency Preparedness Brochures had arrived.
Mr. Mercer thanked Finance Director Donna Sams and Treasurer Rhonda Young for their work
on the Financial Reports.
Conduct the appeal of the decision of the Urban Rehabilitation Standards Review Board to
demolish the structure at 905 Sunset.
Danny Jackson, Assistant City Attorney, informed Council that the City and the appellant, Mark
Wilson, were in the process of negotiating an agreement to provide for resolution of the problem.
The meeting was recessed at 7:09 p.m. in order to give the parties more time to reach an
agreement.
The meeting reconvened at 7:38 p.m.
The hearing was not necessary due to the appellant signing an agreement to repair the structure.
Consider affirming, modifying, or reversing the decision of the Urban Rehabilitation
Standards Review Board to demolish the structure at 905 Sunset.
Council Member Sheley moved modification of the decision of the Urban Rehabilitation
Standards Review Board to allow 180 days to repair the structure, as set forth in the agreement.
Council Member Murray seconded the motion.
There was discussion regarding the terms of the agreement, the deadline for compliance and with
whom the final authority rests to make the decision. The agreement provides 90 days to repair
the exterior, 90 days to repair the interior, and extensions for rain during the first 90 days, with
the right of appeal to Council should there be a dispute over compliance with the terms of the
agreement.
Pa,,c 15 of 15
Minutes of the Regular Session - January 24, 2002
`sue Hobby Robertson, the owner of a neighboring property, infranned Council that the property at
905 Suusct had retrained empty for tun years and that wort: on the roof, began in the summer of
2001, had not yet been completed. He said the claim of the appellant to have resided on the
property were untrue. Ile asked that Council affirm the decision of the Urban Rehabilitation
Standards Review Board to demolish the structure.
The vote follows:
Ayes: Council Members Anderson, Godwin, Mundin ger, Murray, paid Shcle.y..
Mayor Alfaro.
- Nay: Council Member Rennn i2.
She motion carried.
Adjourn.
Council Member Mundmger moved that ilie meeting adjourn. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundiinger, Nlunay, Renierin, and Shelcy.
Mayor Alfaro.
:Nays: None.
The motion carried.
There being no further business, the molting adjourned at 7152 pan.
C3ar, W. Tlmidl
City Clerk