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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. 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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