2002 02 28 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 28, 2002
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on February 28, 2002, at
6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance:
Ronnie Anderson
Council Member
Coleman Godwin
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Mercedes Renteria III
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 and Council Member Godwin led the pledge of
allegiance and offered the invocation. A moment of silence was observed in honor of Ida
Griffith who passed away earlier in the week, after which the following business was conducted:
Consider approval of minutes of the work session and regular meeting held on February
14, 2002.
Council Member Renteria moved approval of the minutes of the work session and regular
meeting held on February 14, 2002. 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.
Consider Proposed Ordinance No. 020228 -1 ordering a Special Election to be held on the
4`h day of May 2002, for the purpose of submitting to the voters a proposed amendment to
the City Charter by adding Section 22.1 "Fire Department Staffing."
Proposed Ordinance No. 020228 -1 orders a special election concerning an amendment to the
City Charter. The requested amendment would require the City to maintain a minimum of five
fire stations. The fire stations will operate with a minimum of one fire emergency vehicle to be
staffed by a minimum of four personnel, including one officer, one fire equipment operator, and
two fire fighters.
Page 2 of 7
Minutes of the Regular Session — February 28, 2002
A petition was filed on February 7, 2002. For such a petition to be certified to City Council, it
must bear the signatures of at least 10% of the qualified voters of the City and be in proper form.
The City Clerk has reviewed the petition and has certified to City Council that at least 10% of the
qualified voters in the City signed the petition. When a petition is certified to have the requisite
number of signatures, Section 138 of the Charter requires Council to submit the question to the
voters at the next regular election.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member
Sheley seconded the motion. The review of the petition was briefly discussed. It was noted that,
prior to the special election, a copy of the proposed Charter amendment must be mailed to all the
registered voters in the City. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9329
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ORDERING A SPECIAL ELECTION TO BE HELD ON THE 4TH DAY OF MAY, 2002,
FOR THE PURPOSE OF AMENDING THE CITY CHARTER BY ADDING SECTION 22.1
"FIRE DEPARTMENT STAFFING"; PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 020228 -1, appointing the election officials for the
General and Special elections to be held on May 4, 2002.
The proposed election officials have agreed to serve for the regular and special elections.
Detailed training will be provided through an election school held prior to the elections. The
City is working jointly with the School District and Lee College in holding the May election.
The same polling places will be used. When possible, the same persons will serve as judge and
alternate judge for each entity's election. Each judge that has volunteered to serve has previous
experience in conducting a City election.
Council Member Murray moved adoption of the proposed resolution. 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 3 of 7
Minutes of the Regular Session – February 28, 2002
RESOLUTION NO. 1531
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
NAMING THE ELECTION OFFICIALS FOR THE REGULAR AND SPECIAL ELECTIONS
OF THE CITY OF BAYTOWN, TEXAS, TO BE HELD ON MAY 4, 2002; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 020228 -2, approving a petition for annexation of a
1.384 -acre tract on the east side of Garth Road, north of Interstate Highway 10 and the
Jack -In- The -Box restaurant property, within the extra - territorial jurisdiction of the City of
Baytown in the George Ellis League, A -21 and authorizing staff to prepare a service plan.
Mohamed Momin has requested that the property be annexed into the City as a prerequisite to
receiving City services. Mr. Momin intends to develop the property as a convenience store.
After preparation of the service plan, City Council will be required to hold two public hearings,
after notice of the public hearings has been published in the Baytown Sun. The annexation
ordinance may be considered when 20 days have elapsed after the public hearing. The final
reading may be held 30 days after the ordinance is passed on its first reading and published.
Council Member Mundinger moved adoption of the proposed resolution. Council Member
Murray seconded the motion. City Manager Mercer informed council that utility services must
be provided upon annexation; however, since the intended use of the property is commercial, the
owner must bear the cost. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
RESOLUTION NO. 1532
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE PETITION OF MOHAMED AZIZ MOMIN CONCERNING THE
ANNEXATION OF A 1.384 ACRE TRACT OF LAND OUT OF A 20.971 ACRE TRACT OF
LAND IN THE GEORGE ELLIS LEAGUE, ABSTRACT 21, HARRIS COUNTY, TEXAS;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 020228 -3, authorizing the City Manager to apply for a
grant for the Domestic Violence Program.
The proposed resolution approves the application for continuous funding of the Victims of Crime
Grant awarded to the City to provide the Family Violence Counseling Program in the Police
Department. The original application was approved by Resolution No. 1404 and the Office of
the Govemor— Criminal Justice Division, awarded the grant. Funding is provided annually.
Page 4 of 7
Minutes of the Regular Session — February 28, 2002
This application will request funding in an amount not to exceed $94,211 for fiscal years 2003
and 2004. The funds for the local match ($24,961) will be in -kind and local funding. The break
down is as follows: $14,761 (travel and training - $3,854, supplies - $10,907). The local
funding is available in the Police Department general fund budget. The program is currently in
its second year.
Council Member Murray moved adoption of the proposed resolution. 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.
RESOLUTION NO. 1533
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A
BUDGET FOR CONTINUED FUNDING OF THE VICTIMS OF CRIME ACT GRANT TO
THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION
FOR FISCAL YEARS 2003 AND 2004; DESIGNATING AN AUTHORIZED
REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT
FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consent Agenda
a) Proposed Resolution No. 020228 -4 authorizes the City Manager to execute an
agreement with the Department of Justice in conjunction with the High Intensity
Drug Trafficking Area Project to accept an award of $966,794. This agreement
renews the grant from the Department of Justice for funding of the High Intensity
Drug Trafficking Area Project for the period of January 1, 2002 through
December 31, 2002. The City has received this grant since October 1995. There
are no City funds involved.
b) Proposed Ordinance No. 020228 -2, authorizes the first renewal of the annual
janitorial and cleaning services contract to Pedus Service in the amount of
$66,647.72. Pedus Service submitted a written request to renew the current contract
for the same pricing, terms and conditions. The Traffic Control Facility has been
added to the contract. This contract provides cleaning services for fifteen (15)
locations throughout the City.
Page 5 of 7
Minutes of the Regular Session — February 28, 2002
C) Proposed Ordinance No. 020228 -3 awards the bid for the annual mowing, edging,
and trimming contract in the amount of $140,540, as follows:
Sec. I Parks Contract Mowing Sites $35,775 Grant Smith Mowing
Sec. III Community Beautification Sites $38,925 Grant Smith Mowing
Sec. V Miscellaneous City Facilities $29,160 Grant Smith Mowing
Sec. VI On -Call Only Sites $3,160 Grant Smith Mowing
$107,020
Sec. H Bayland Island & Marina
Sec. IV Lift Stations & Well Sites
$11,220 Niederhofer Enterprises, Inc.
$22,300 Niederhofer Enterprises, Inc.
$33,520
This is the first time all mowing services for the entire City have been included
under one contract. Bids were mailed to twelve bidders and we received three
bids and two no -bids.
Council Member Anderson moved adoption of the consent agenda, items a through c. 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.
RESOLUTION NO. 1534
A RESOLUTION OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO
ACCEPT A GRANT AWARD FROM THE OFFICE OF NATIONAL DRUG CONTROL
POLICY IN CONJUNCTION WITH THE HIGH INTENSITY DRUG TRAFFICKING AREA
PROJECT; DESIGNATING THE CITY MANAGER AS THE AUTHORIZED
REPRESENTATIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9330
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF PEDUS SERVICE FOR THE ANNUAL JANITORIAL & CLEANING
SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,
THE SUM OF SIXTY -FIVE THOUSAND SIX HUNDRED FOURTEEN AND 56 /100
DOLLARS ($65,614.56); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 6 of 7
Minutes of the Regular Session — February 28, 2002
ORDINANCE NO. 9331
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BIDS OF GRANT SMITH MOWING AND NIEDERHOFER ENTERPRISES, INC., FOR
THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE
HUNDRED FORTY THOUSAND FIVE HUNDRED FORTY AND NO /100 DOLLARS
($140,540.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider appointment to the Animal Control Advisory Committee.
The retirement of Captain Gary Cochran leaves a vacancy on this committee. An appointment is
necessary to fill the position for the Chief of Police.
Council Member Murray moved appointment of Byron Jones to the Animal Control Advisory
Committee. 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.
Consider appointment to the Community Development Advisory Committee.
The term for this position expired on January 1, 2002. This position represents Council District
1. This is a two -year term.
Council Member Renteria moved appointment of Angel Sandoval to the Community
Development Advisory Committee. 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.
City Manager's Report.
City Manager Mercer reminded council of the special meeting to be held on March 2, at 2:00
p.m., for the ribbon- cutting at the new Baytown Jail Facility and of the special meeting to discuss
fire department staffing to be held on March 6, 2002, at 5:00 p.m.
PaL,c 7 of 7
Minutes of the Regular Session — February 28, 2002
AW Adjourn.
Council Member Godwin moved that the meeting adjonm. Council ivlembei Anderson seconded
the motion. The vote follows:
Ayes: Council Members Anderson; Godwin. Mundinger, Nlurtay, Rentcria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Therebeing no futhetbusmess, the mectingedjom ned at 6i44 p.m. - - --
Gary�W. Smith �
City Clerk