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2002 03 14 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 14, 2002 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on March 14, 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 Renteria 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 February 28, 2002. Council Member Godwin moved approval of the minutes of the work session and regular meeting held on February 28, 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. Consider approval of minutes for the work session held on March 2, 2002. Council Member Godwin moved approval of the minutes of the work session held on March 2, 2002. 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 2 of 8 Minutes of the Regular Session — March 14, 2002 Consider approval of minutes for the work session held on March 6, 2002. Council Member Sheley moved approval of the minutes of the work session held on March 6, 2002. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ExxonMobil presentation - Brian Dunphy, Public Affairs Manager, ExxonMobil Baytown Complex, presented and discussed the "Living in Baytown" packet used by ExxonMobil to introduce new employees to the Baytown area. Mr. Dunphy outlined the informational packet used to encourage new and transferred ExxonMobil employees to reside in Baytown. He said that the packets are assembled with information from key local organizations, including the City of Baytown, Goose Creek Consolidated Independent School District, Lee College, Sterling Municipal Library, the Chambers of Commerce, and area realtors. The relocation company used by ExxonMobil provides information as well. On its intranet site, ExxonMobil has established a direct link to local websites. ExxonMobil's purpose is to provide information about Baytown to the new or transferred employee before a decision on residence is made. Consider Proposed Ordinance No. 020314 -1, approving Amendment No. 2 to the Agreement for Jail, Traffic, and Investigation Services, and Jail and Communications Improvements with the Baytown Crime Control and Prevention District, to increase district funding in year 4 to pay for the capital outlay for the Jail Facility and Radio System for years 5 through 10. The Baytown Crime Control and Prevention District Board (the "Board ") authorized payment of capital outlay for the Jail Facility and Radio System for years 1 through 5, while amortizing the total capital outlay for 10 years. With the pending dissolution of the Baytown Crime Control and Prevention District ( "CCPD "), this amendment will adjust the capital outlay payments that were contemplated by the Board for years 5 through 10 into year 4. The budget for year 4 will increase by $4,482,172.50 to a total of $5,235,555. The budget amendment equals the remaining payments on the bonds issued for the jail and communications system. Section 5 of the Agreement will be amended as follows: Description of Expenditure Year 4 -Capital Outlay Jail Facility $2,827,200 Radio System $2,408,355 Total $5,235,555 Council Member Anderson moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Page 3 of 8 Minutes of the Regular Session — March 14, 2002 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AMENDMENT NO. 2 TO THE AGREEMENT FOR JAIL, TRAFFIC AND INVESTIGATION SERVICES AND JAIL AND COMMUNICATIONS IMPROVEMENTS WITH THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT TO INCREASE FUNDING IN YEAR 4 TO PAY FOR THE CAPITAL OUTLAY FOR THE JAIL FACILITY AND RADIO SYSTEM FOR YEARS 5 THROUGH 10 IN THE AMOUNT OF FOUR MILLION FOUR HUNDRED EIGHTY -TWO THOUSAND ONE HUNDRED SEVENTY -TWO AND 501100 DOLLARS ($4,482,172.50); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 020314 -1, reviewing outstanding liabilities of the Baytown Crime Control and Prevention District, and establishing a specific date of December 31, 2003 for retiring outstanding liabilities of the Crime Control and Prevention District. Section 363.302 of the Texas Local Government Code establishes a process for retiring debt assumed by the City of Baytown upon dissolution of the Crime Control and Prevention District. A specific date must be set for the retirement of the debt. Outstanding debt of $4,482,172.50 consists of the unpaid balance on bonds sold for radio system improvements and construction of the jail facility. Council Member Murray moved adoption of the proposed resolution. Council Member Godwin 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. 1535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN REVIEWING THE OUTSTANDING LIABILITIES OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; FINDING THE LIABILITIES TO BE FOUR MILLION FOUR HUNDRED EIGHTY - TWO THOUSAND ONE HUNDRED SEVENTY -TWO AND 501100 DOLLARS ($4,482,172.50); SETTING A DATE BY WHEN ALL OUTSTANDING LIABILITIES OF THE DISTRICT MUST BE PAID; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 4of8 Minutes of the Regular Session — March 14, 2002 Consent Agenda a) Proposed Resolution 020314 -2 cancels the City Council meeting on March 28, 2002 at 6:30 p.m. and calls a special City Council meeting on March 28, 2002 at 5:30 p.m. The proposed rescheduled meeting time is intended to allow attendance at Maundy Thursday services. b) Proposed Ordinance No. 020314 -2 awards the third renewal of the annual repair clamp contract to Golden Triangle Pipe in the amount of $73,527.40. Golden Triangle Pipe has submitted a written request to renew the current contract for the same unit pricing, terms and conditions. Quantities remain the same. This contract is used to stock an inventory of repair items used by the Public Works Department to clamp water lines for water and sewer repair projects. C) Proposed Ordinance No. 020314 -3 awards the first renewal of the annual vacant lot - mowing contract, Item No. 1 to Niederhofer Enterprises, Inc., in the amount of $6,000, and Item Nos. 2, 3, and 4 to Miracle Maintenance Concepts, in the amount of $74,375. Total recommended award is $80,375. This contract is used by the Health Department for the vacant lot- mowing program. d) Proposed Ordinance No. 020314 -4 awards the fifth and final renewal of the annual contract for installation of traffic signal equipment to Southwest Signal Supply, Inc., for $62,550. Southwest Signal Supply, Inc., submitted a letter requesting renewal of their current contract for the same terms and conditions, and same unit pricing. Quantities remain the same. This contract is used by the Traffic Department for the installation of traffic signal equipment. e) Proposed Ordinance No. 020314 -5 amends Ordinance No. 9329, which called the Special Charter election, to include an effective date of the proposed charter amendment upon approval. Council Member Anderson moved adoption of the consent agenda, items a through e. 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. 1536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON MARCH 28, 2002, AT 5:30 P. M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON MARCH 28, 2002, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 8 Minutes of the Regular Session — March 14, 2002 ORDINANCE NO. 9333 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL REPAIR CLAMP CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -THREE THOUSAND FIVE HUNDRED TWENTY -SEVEN AND 40/100 DOLLARS ($73,527.40); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9334 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACTS OF NIEDERHOFER ENTERPRISES, INC., AND MIRACLE MAINTENANCE CONCEPTS FOR THE ANNUAL VACANT LOT MOWING CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF EIGHTY THOUSAND THREE HUNDRED SEVENTY -FIVE AND NO 1100 DOLLARS ($80,375.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9335 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF SOUTHWEST SIGNAL SUPPLY, INC., FOR THE ANNUAL ► INSTALLATION OF TRAFFIC SIGNAL EQUIPMENT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -TWO THOUSAND FIVE HUNDRED FIFTY AND NO /100 DOLLARS ($62,550.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 9329, PASSED ON FEBRUARY 28, 2002, TO PROVIDE FOR THE EFFECTIVE DATE TO AMEND THE CITY CHARTER BY ADDING SECTION 22.1 "FIRE DEPARTMENT STAFFING "; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Appointment of Municipal Court Judge for a term beginning February 1, 2002, to January 31, 2004. Council Member Murray moved appointment of Lang Bailey as Municipal Court Judge for a term beginning February 1, 2002 to January 31, 2004, with the following compensation schedule, to be effective from March 1, 2002: Page 6 of 8 Minutes of the Regular Session — March 14, 2002 Weekdays (Monday, Tuesday, Wednesday, and Thursday): $200 per day for each day presiding in Court $ 65 per day for each jail docket when a court docket is not scheduled $ 25 per call -out Weekends (Friday, Saturday, and Sunday): $200 per weekend, to include up to 3 jail dockets and 3 call -outs $ 65 per each additional call -out. 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 appointment of Associate Municipal Court Judge for a term beginning February 1, 2002 to January 31, 2004. Council Member Murray moved appointment of Robert Barfield as Associate Municipal Court Judge for a term beginning February 1, 2002 to January 31, 2004, with the following compensation schedule, effective from March 1, 2002: Weekdays (Monday, Tuesday, Wednesday, and Thursday): $200 per day for each day presiding in Court $ 65 per day for each jail docket on days when a court docket is not scheduled $ 25 per call -out Weekends (Friday, Saturday, and Sunday): $200 per weekend, to include up to 3 jail dockets and 3 call -outs $ 65 per each additional call -out. 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 7 of 8 Minutes of the Regular Session — March 14, 2002 Consider appointment to the Growth Management and Development Advisory Commission and Planning and Zoning Commission. This item was deferred until the next meeting. Consider appointments to the Urban Rehabilitation Standards Review Board. The terms of Tom Hard (Interested Citizen), E. W. Froehner, (Interested Citizen) and David Mohlman (Social Welfare Worker), expired on March 1, 2002. Each has indicated that he would be willing to serve another term, if Council should appoint him. Of the ten meetings held since January 2001, Mr. Hard and Mr. Froehner have each attended eight. Mr. Mohhnan was appointed in February 2001, to fill the unexpired term of Fritz Lanham, and has attended four meetings. These are two -year terms. Council Member Sheley moved appointment of Tom Hard, E. W. Froehner, and David Mohlman to the Urban Rehabilitation Standards Review Board. 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 informed council that the City of Baytown Wetlands Education Center had received the Lone Star Programming Award from the Texas Recreation and Park Society. Mr. Mercer presented the award to Parks Director Scott Johnson, Wetlands Education Center Director Travis Lovelace, and Education Coordinator Sallie Sherman. He noted that Chevron Phillips was the sponsor of the Summer Science Program, and he thanked Kitty Allen, Public Relations Director for her efforts on the City's behalf. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page S of S Minutes of the Regular Session —March 14, 2002 There being no further business, the meeting adjourned at 6:56 p.m. 40pYTG}yy,� ._r,._...,fir'_✓.C, t.. f }7. ,,. Ga��'W Si`irith City Clerk w.�