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2003 09 11 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 11, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on September 11, 2003, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was opened with a quorum present and Council Member Godwin 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 August 28, 2003. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on August 28, 2003. Council Member Renteria seconded the motion. Council Member Mundinger accepted a friendly amendment by Council Member Anderson correcting that portion of the minutes under City Manager's Report to reflect that Bernard Olive had been the Acting Fire Chief until he stepped down and that Shon Blake had been appointed to serve as Interim Fire Chief until a full -time Fire Chief is hired. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Conduct the first public hearing on the proposed annexation of a 14 -acre tract of land located north of Interstate Highway 10, west of Spring Creek, south of the CIWA canal and east of Crosby - Lynchburg Road in Harris County, Texas. The public hearing was called to order at 6:34 p.m. Page 2of14 Minutes of the Regular Session — September 11, 2003 Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on August 31, 2003 and posted on the City's website on or before the same day, more than ten days prior to today's date. SR ZM Corporation is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a recreational vehicle park. 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. No one appeared to speak at the first public hearing. The public hearing was closed at 6:35 p.m. Conduct the second public hearing on the proposed annexation of a 14 -acre tract of land located north of Interstate Highway 10, west of Spring Creek, south of the CIWA canal and east of Crosby - Lynchburg Road in Harris County, Texas. The public hearing was called to order at 6:35 p.m. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on August 31, 2003 and posted on the City's website on or before the same day, more than ten days prior to today's date. SR ZM Corporation is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a recreational vehicle park. 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. No one appeared to speak at the second public hearing. The public hearing was closed at 6:37 p.m. Council Member Anderson announced that he had filed an affidavit of conflict of interest with the City Clerk on the following item prior to the meeting. Consider Proposed Ordinance No. 030911 -1, abandoning a portion of Casey Road and authorizing the sale of the property. Proposed Ordinance No. 080911 -1 abandons that portion of Casey Road between Plum Street and Alexander Drive. During June 2003, Mike Chatham filed a petition requesting abandonment of that portion of Casey Road. Shortly thereafter, Community Resource Credit Union expressed an interest in the abandonment of that portion of Casey Road. Consent to the abandonment was recently received from Reliant Energy, although they have stated that they will retain an acquired easement across a portion of Casey Road. The other utilities have consented to the abandonment. All City departments have been contacted and none has expressed an interest in retaining the right of way. All adjoining property owners have been contacted and no objection to the abandonment has been received. Casey Road proposed for Page 3 of 14 Minutes of the Regular Session — September 11, 2003 abandonment is a part of Casey Subdivision, Section 2. All of Casey Road east of Plum Street has been abandoned. Plum Street, Cherry Street and Holly Street, also in Casey Subdivision, Section 2, have been abandoned. The Harris County Appraisal District values the lots fronting on Casey Road near Plum Street at $0.50 per square foot. The lots fronting on Casey Road nearer to Alexander Drive are valued at $2.50 per square foot. Notice will be given to the owners of the property adjacent to the abandoned right - of -way of their opportunity to purchase the property for the appraised value. Prior to consideration of this item, Council Member Anderson filed a conflict of interest affidavit with the City Clerk and did not participate. Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. Council Member Anderson abstained. The motion carried. ORDINANCE NO. 9620 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DISCONTINUING, ABANDONING FOR PUBLIC USE AND CLOSING A PORTION OF CASEY ROAD BETWEEN PLUM STREET AND ALEXANDER DRIVE, BAYTOWN, HARRIS COUNTY, TEXAS; ABANDONING AND QUITCLAIMING ALL INTEREST OF THE CITY OF BAYTOWN AND THE PUBLIC IN AND TO SAID PORTION OF CASEY ROAD; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AND DELIVER CONVEYANCE TO THE ABUTTING OWNERS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030911 -2, repealing Chapter 2 "Administration," Article IV "Boards and Commissions," Division 3 "Growth Management and Development Advisory Commission "; Division 4 "Zoning Commission," and Division 6 "Baytown Area Community Long Range Planning Commission" of the Code of Ordinances, City of Baytown, Texas; and amending the Code of Ordinances, City of Baytown, Texas, by adding a division to be numbered and entitled Division 3 "Planning and Zoning Commission "; amending Chapter 18 "Buildings and Building Regulations," Article XIV "Landscaping," Section 18 -1202 "Definitions "; Chapter 21 "Cable and Telecommunication Regulations," Article III "Telecommunication Regulations," Division 1 "Generally," Section 21 -101 "Definitions "; Chapter 114 "Sewer and Water Line Extensions," Article III "Developments," Section 114 -66 "Application," Subsection (a); Chapter 122 "Streets and Sidewalks," Article IV "Dedication and Acceptance of Public Streets," Sections 122 -187 "Submission of dedication proposal," 122 -188 "Review and recommendations," 122 -189 "Modification of thoroughfare plan," and 122 -190 "Preliminary approval or disapproval "; Chapter 126 "Subdivisions," Article I "In General," Section 126 -1 "Definitions "; Chapter 126 "Subdivisions," Article III "Developments," Division 5 "Private Subdivision Development," Section 126 -443 "Petition to convert to private streets," Subsection (b); and Chapter 130 "Zoning," Article I "In General," Section 130 -1 "Definitions" of the Code of Ordinances, City of Baytown, Texas, to establish the Zoning and Planning Commission and its duties. Page 4 of 14 Minutes of the Regular Session — September 11, 2003 Proposed Ordinance No. 030911 -2 amends the Code of Ordinances to consolidate the Baytown Area Community Long -Range Planning Commission, the Growth Management and Development Advisory Commission, and the Baytown Zoning Commission into the Baytown Planning and Zoning Commission (the "P &Z Commission "). The P &Z Commission will assume the powers and duties of the merged boards, including responsibilities concerning the landscape ordinance and the telecommunications ordinance. The proposed ordinance amends various sections of the Code of Ordinances to specify certain duties of the P &Z Commission relating to the approval of final plats, the dedication and acceptance of public streets, establishing the P &Z Commission as the planning commission, which performs duties and functions related to the plat approval process consistent with state law, and the performance of duties and functions related to the zoning ordinance consistent with state law. Council discussed this item during its work session on August 28, 2003. The Growth Management and Development Advisory Commission as well as the Baytown Area Long -Range Planning Commission support the consolidation of the three boards. The proposed ordinance incorporates the changes pertaining to the composition of the Board, its makeup and the appointment of officers discussed at the City Council's last work session. City Manager Jackson informed Council that Section 2 -326 (6) of the ordinance had been amended to require the Commission to submit an annual report to Council on or before April 1 of each year. In addition, he said that the language in Section 2 -319 now reflected that the city council shall strive to have the makeup of the planning and zoning commission be demographically representative of the city. Council Member Murray 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. ORDINANCE NO. 9621 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 2 "ADMINISTRATION," ARTICLE IV `BOARDS AND COMMISSIONS," DIVISION 3 "GROWTH MANAGEMENT AND DEVELOPMENT ADVISORY COMMISSION "; DIVISION 4 "ZONING COMMISSION," AND DIVISION 6 `BAYTOWN AREA COMMUNITY LONG RANGE PLANNING COMMISSION" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; AND AMENDING THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING A DIVISION TO BE NUMBERED AND ENTITLED DIVISION 3 "PLANNING AND ZONING COMMISSION'; AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE XIV "LANDSCAPING," SECTION 18- 1202 "DEFINITIONS'; CHAPTER 21 "CABLE AND TELECOMMUNICATION REGULATIONS," ARTICLE III "TELECOMMUNICATION REGULATIONS," DIVISION 1 "GENERALLY," SECTION 21 -101 "DEFINITIONS "; CHAPTER 114 "SEWER AND WATER LINE EXTENSIONS," ARTICLE III "DEVELOPMENTS," SECTION 114 -66 "APPLICATION," SUBSECTION (A); CHAPTER 122 "STREETS AND SIDEWALKS," ARTICLE IV "DEDICATION AND ACCEPTANCE OF PUBLIC STREETS," SECTIONS 122 -187 "SUBMISSION OF DEDICATION PROPOSAL," 122 -188 "REVIEW AND RECOMMENDATIONS," 122 -189 "MODIFICATION OF THOROUGHFARE PLAN," AND 122 -190 "PRELIMINARY APPROVAL OR DISAPPROVAL"; CHAPTER 126 "SUBDIVISIONS," ARTICLE I "IN GENERAL," SECTION 126 -1 Page 5of14 Minutes of the Regular Session — September 11, 2003 "DEFINITIONS'; CHAPTER 126 "SUBDIVISIONS" ARTICLE III "DEVELOPMENTS," DIVISION 5 "PRIVATE SUBDIVISION DEVELOPMENT," SECTION 126 -443 "PETITION TO CONVERT TO PRIVATE STREETS," SUBSECTION (B); AND CHAPTER 130 "ZONING," ARTICLE I "IN GENERAL," SECTION 130 -1 "DEFINITIONS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ESTABLISH THE ZONING AND PLANNING COMMISSION AND ITS DUTIES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030911 -4, authorizing an agreement with the Houston/Harris County Child Fatality Review Team to provide copies of registered death certificates for the review of child fatalities and the establishment of a state central registry for such fatalities. The Houston/Harris County Child Fatality Review Team has been operating in the community since 1994 and is organized pursuant to Chapter 264, Subchapter F of the Texas Family Code. During the past 9 years, the Texas Department of Health Bureau of Vital Statistics has provided copies of certified state death certificates to all Texas child fatality review teams to use as an integral part of the case identification and review process. The State Bureau of Vital Statistics will no longer provide these documents and has asked that all child fatality review teams receive locally registered death certificates from registrars in their county of operation. At this time, the Houston/Harris County Child Fatality Review Team receives death certificates from the City of Houston and Harris County under the same agreement as being proposed in this ordinance. Pursuant to the agreement, the parties agree to share records and abide by all confidentiality laws inherent with any of the records provided. The agreement has a term of one year. Council Member Renteria 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. ORDINANCE NO. 9622 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT WITH THE HOUSTON/HARRIS COUNTY CHILD FATALITY REVIEW TEAM TO PROVIDE COPIES OF REGISTERED DEATH CERTIFICATES FOR THE REVIEW OF CHILD FATALITIES AND THE ESTABLISHMENT OF A STATE CENTRAL REGISTRY FOR SUCH FATALITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 14 Minutes of the Regular Session — September 11, 2003 Consent Agenda a. Ordinance No. 030911 -5 rejects all bids for the annual ready -mix concrete contract. Invitations to bid were mailed to four suppliers and we received two bids. Transit Mix and Best Redi -Mix do not comply with the indemnification and insurance requirements of the City. This contract is used by the Public Works and Parks and Recreation Departments for various construction projects, i.e., streets and drainage repair, new projects, rehab projects, etc. This item was not ready for consideration. b. Proposed Ordinance No. 030911 -6 awards the annual contract for installation of traffic signal equipment to Southwest Signal Supply, Inc., in the amount of $114,700. Invitations to Bid were mailed to five suppliers and we received one bid and one no -bid. The majority of services will be for new installation, trouble shooting, minor and major repairs which cannot be performed in- house, preventative maintenance, rebuilding of traffic signals, and emergency repairs. C. Proposed Ordinance 030911 -7 authorizes the purchase of Microsoft Content Management Server software from Insight, Inc. in the amount of $34,775.16. This software was selected as the base for designing and publishing the City's new web pages. Initially, the software will be used for design and implementation of the Parks & Recreation Community Information Web Pages and eventually, will be utilized throughout the City's website. After initial design has been accomplished on each of these pages, the software will allow end -users to perform updates interactively with a data -flow module to allow for quality control and publishing using current desktop software without specialized training. This will decrease the work load on an already taxed ITS staff and ensure timely updates to the various web pages. This is a one -time purchase and there is no annual maintenance. Insight, Inc. 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 Section 2157.067 of the Government Code. The purpose of the QISV (Qualified Information Systems Vendors) Catalogue Purchasing Program is to allow for 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. Council Member Sheley moved adoption of the consent agenda, items b and 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. Page 7of14 Minutes of the Regular Session — September 11, 2003 ORDINANCE NO. 9623 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SOUTHWEST SIGNAL SUPPLY, INC., FOR THE ANNUAL INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED AND NO 1100 DOLLARS ($114,700.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9624 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY -FOUR THOUSAND SEVEN HUNDRED SEVENTY -FIVE AND 16/100 DOLLARS ($34,775.16) TO INSIGHT, INC., FOR THE PURCHASE OF MICROSOFT CONTENT MANAGEMENT SERVER SOFTWARE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Conduct the public hearing on the proposed tax rate for Tax Year 2003 at 6:45 p.m. Mayor Alfaro called the public hearing to order at 6:45 p.m. City Manager Jackson reviewed the proposed tax rate. Texas Tax Code, Sections 26.05 and 26.06 require the City Council to conduct a public hearing on the proposed tax rate when the proposed rate exceeds 103% of the effective tax rate. Due to the increased appraised values of property within the City, the proposed rate, which is the same rate as last year, exceeds the effective tax rate by more than 3 %. The required notices giving notice of the public hearing and vote on the proposed tax rate for Tax Year 2003 were published in The Baytown Sun on Thursday, September 4, 2003 and posted on the City's website the same day. During this public hearing, the date, time, and place of the meeting at which the City Council will vote on the proposed tax rate must be announced. The tax rate has been the same since the 1992 tax year. Mr. Jackson explained that the proposed tax rate is $0.73703 per $100 valuation. On August 28, 2003, City Council voted to preliminarily approve the proposed tax rate. Mayor Alfaro stated that the final vote is scheduled for the regular Council meeting of September 25, 2003 at 6:30 p.m. in the Council Chamber, Baytown City Hall, 2401 Market Street, Baytown, Texas. No one requested to speak. The public hearing was closed at 6:47 p.m. Consider Proposed Ordinance No. 030911 -3, awarding the contract for Third Party Administration services for the administration of the City's health benefit program and Specific and Aggregate Stop Loss Coverage, and authorizing payment for said services. Proposed Ordinance 030911 -3 awards the contract for Third Party Administration services for the administration of the City's health benefit program and Stop Loss Coverage to United Health Care in the amount of $752,984. Estimated annual cost for fiscal year 2004 for Administrative Fees is $355,083 with $397,901 for Stop Loss coverage. Page 8 of 14 Minutes of the Regular Session — September 11, 2003 Since the City is self - insured, we utilize a TPA to pay the medical and dental claims. Preferred provider organization network fees, prescription fees, and administrative fees will be directed through the TPA for payment. We received ten proposals and United Health Care's Package is the best overall proposal. Although United Health Care's fixed administrative costs are higher, the overall cost to the City will be less as it is one of the largest managed care organizations and projects a network savings of at least 20 %. Actual cost will vary as coverage is based on a per employee, per month rate; therefore, actual enrollment will dictate the total actual amount. The contract period is October 1, 2003 through September 30, 2004. Because of the projected savings resulting from United HealthCare's proposal, premium increases to employees are recommended to be 10 %, which is less than 15.3% originally proposed in the budget. City Manager Jackson commended the City's consultant and the Human Resources Department for their work negotiating this contract. Council Member Mundinger 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. ORDINANCE NO. 9625 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., TO SERVE AS A THIRD PARTY ADMINISTRATOR FOR THE ADMINISTRATION OF MEDICAL AND DENTAL CLAIMS AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING THE CITY MANAGER TO APPROVE THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE UNITED HEALTHCARE OF TEXAS, INC.; AUTHORIZING PAYMENT OF SEVEN HUNDRED FIFTY -TWO THOUSAND NINE HUNDRED EIGHTY -FOUR AND NO /100 DOLLARS ($752,984.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 030911 -1, authorizing guidelines for private sewer line replacement relating to CDBG funds. Proposed Resolution No. 030911 -1 establishes a loan program funded by Community Development Block Grant funds to repair and/or replace privately owned sanitary sewer lines from the City's right -of -way to the building's edge in conjunction with the City's sanitary sewer rehabilitation program. Each eligible participant may receive up to $3,000 under the program. To be eligible, the participant must live within the CDBG target area, own and occupy the residence as the participant's primary dwelling, and the participant's income must not exceed 80% of the maximum income limit during the applicable year, based on HUD guidelines and the median income of residents of the Houston Primary Metropolitan Statistical Area. The resolution establishes the procedure for application and review, as well as the repair or replacement work on the sewer line. The loan is progressively discharged over a five -year period. Council Member Sheley moved adoption of the proposed resolution. Council Member Anderson seconded the motion. Council Member Anderson questioned the method of funds dispersal and the Page 9 of 14 Minutes of the Regular Session — September 11, 2003 verification of the cost and authenticity of the repairs in the program. City Manager Jackson stated that a Plumbing Inspector will verify a private contract between the homeowner and a licensed plumber in regard to the repairs, in effect, forestalling the ability of a homeowner to make the repairs himself and benefit from the money. Planning Director Gregory Stubbs informed Council that the funds will be dispersed as through the other the HUD programs the City currently administers, and that payment will be made only upon completion of the project. Council Member Godwin questioned the status of the loan should the homeowner default. City Attorney Ramirez opined that since it would be a five -year forgivable loan, should the homeowner default, a lien would be placed on the property for the balance due. Should the homeowner sell the property, the balance of the loan, minus the forgivable portion of the loan (20% per year), would be due upon sale of the property. After the five -year period, the entire loan would be forgiven. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1602 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PRIVATE SEWER LINE REPAIR AND REPLACEMENT GUIDELINES; ESTABLISHING THE COMMENCEMENT DATE FOR THE GUIDELINES AND THE USE OF THE AGREEMENT; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approval of plans and specifications for the Kings Bend Subdivision Sanitary Sewer Rehabilitation Project and authorize advertisement for bids. The scope of work includes rehabilitation work primarily using the pipe bursting method, but will also include some removal and replacement by auger and open trench methods, as needed. The estimated construction cost for the project, which includes a 10% contingency, is $853,113, and will be funded by 2003 Revenue Bonds. The estimated cost for in -house inspection services is $10,000, for a total estimated project cost of $863,113. Construction duration is estimated to be 120 calendar days. Council Member Anderson moved approval of plans and specifications for the Kings Bend Subdivision Sanitary Sewer Rehabilitation Project and authorization for advertisement for bids. 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 10 of 14 Minutes of the Regular Session — September 11, 2003 Consider the appointment of Associate Municipal Judge(s). Council Member Sheley moved appointment of Randall Strong as Associate Municipal Judge, to serve the unexpired term of Robert Barfield until January 31, 2004 and Council Member Anderson moved appointment of Kelly Benavides as Associate Municipal Judge, to serve until the administrative leave of Judge Bailey is resolved or until January 31, 2004. Council Member Mundinger seconded the motions. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider confirmation of the Mayor's appointment to the Parks and Recreation Board. Douglas Shipley has tendered his resignation. This term expires on August 31, 2005. Council Member Mundinger moved confirmation of the Mayor's appointment of Lynne Foley to the Parks and Recreation Board. 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. Announcement of Mayor's appointment to the Baytown Housing Authority. Mayor Alfaro has reappointed James White to the Baytown Housing Authority board. Mr. White is the resident member of the Authority board. He will serve a term of two years. Consider appointment to the Baytown Housing Finance Corporation. The term of James White expired on June 30, 2003. He has indicated a willingness to continue serving on the Corporation if reappointed. The Housing Finance Corporation board traditionally has the same members as the Baytown Housing Authority board. Council Member Renteria moved appointment of James White to the Baytown Housing Finance Corporation. 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. Page 11 of 14 Minutes of the Regular Session — September 11, 2003 Consider appointments to Baytown Animal Control Advisory Committee. The terms of Mike Lester, Director of Health, Byron Jones, Chief of Police, and Cynthia Lipps expire on September 26, 2003. These terms are for two years. Dr. Lipps fills the position for a licensed veterinarian. Mr. Lester fills the position for the Director of Health. Chief Jones fills the position for the Chief of Police. Each has agreed to continue to serve if reappointed by council. During the most recent term, Chief Jones attended 10, and Mr. Lester and Dr. Lipps attended all of the 12 meetings of the board. Council Member Anderson moved appointment of Mike Lester, Byron Jones, and Cynthia Lipps to the Baytown Animal Control 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. Consider appointments to the Board of Directors, Reinvestment Zone Number One, City of Baytown. The terms of Reggie Brewer and Don Murray expired on August 31, 2003. All have agreed to serve if reappointed. During the recent term, Mr. Brewer attended 10 and Dr. Murray attended all of the 13 meetings of the Board. Council Member Mundinger moved appointment of Reggie Brewer and Don Murray to the Board of Directors, Reinvestment Zone Number One, City of Baytown. 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 appointments to the Planning and Zoning Commission. Based on the discussion from the work session on August 28, 2003, the proposed ordinance provides that the Mayor and each Council Member will name, subject to Council confirmation, one member of the Commission. The members are not required to reside in the Council Member's district. The City Manager will name, subject to Council confirmation, two members of the Commission. One of the members named by the City Manager must be engaged in the real estate, development, or building industry. The other member named by the City Manager must be a resident of the City's extra - territorial jurisdiction. Page 12 of 14 Minutes of the Regular Session — September 11, 2003 rrp*, The appointees will occupy positions numbered to correspond to the district of the Council Member who makes the appointment. The Mayor will appoint position No. 7. The City Manager will appoint position Nos. 8 and 9. The odd numbered positions will serve an initial term of three months. The even numbered positions will serve an initial term of fifteen months. City Manager Jackson nominated Carole Opreshek, as a member of the real estate, development, or building industry, to Place 8 on the Planning and Zoning Commission, said term to expire on December 31, 2004 and Jim Hutchison, as a resident of the City's extra - territorial jurisdiction, to Place 9 on the Planning and Zoning Commission, said term to expire on December 31, 2003. Council Member Sheley moved appointment of Carole Opreshek to Place 8 on the Planning and Zoning Commission, said term to expire on December 31, 2004, and Jim Hutchison to Place 9 on the Planning and Zoning Commission, said term to expire on December 31, 2003. 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. Council Member Renteria moved appointment of Roland Valdez to Place 1 on the Planning and Zoning Commission, said term to expire on December 31, 2003. 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. Council Member Sheley was not ready to move appointment to Place 2 on the Planning and Zoning Commission. Council Member Mundinger moved appointment of Barry Bobbitt to Place 3 on the Planning and Zoning Commission, said term to expire on December 31, 2003. 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. Page 13 of 14 Minutes of the Regular Session — September 11, 2003 , Council Member Murray moved appointment of Dr. Joe C. Floyd to Place 4 on the Planning and Zoning Commission, said term to expire on December 31, 2004. 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. Council Member Anderson moved appointment of Gilbert Chambers to Place 5 on the Planning and Zoning Commission, said term to expire on December 31, 2003. 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. Council Member Godwin moved appointment of James Prickett to Place 6 on the Planning and Zoning Commission, said term to expire on December 31, 2004. 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. Mayor Alfaro moved appointment of Lewis McRee to Place 7 on the Planning and Zoning Commission, said term to expire on December 31, 2003. 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. City Manager's Report. City Manager Jackson announced that the City had received the Certificate of Distinction for Investment Policy. He commended Finance Director Donna Sams and Treasurer Rhonda Young for the development of the policy. Page 14 of 14 Minutes of the Regular Session —September 11, 2003 /" Mr. Jackson informed Council that Suzi Tallent had been awarded the Certificate of Professional Achievement as a Registered Texas Assessor /Collector. Adjourn. Council Member Mundinger moved that the meeting adjourn. 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 carved. There being no further business, the meeting adjourned at 7:18 p.m. Gatyy W. mit City Clerk W MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 11, 2003 The City Council of the City of Baytown, Texas, met in work session on September 11, 2003, at 4:50 p.m. in the Hullum Conference Room of Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was opened with a quorum present after which the following business was conducted: Conduct interviews for Associate Municipal Judges. Council agreed to ask only six of the nine questions prepared by the Human Resources Department and that the same six questions would be asked of each of the four interviewees. Council agreed that a staff member should ask the questions, and Carol Flynt, Assistant Director of Human Resources, was selected to ask the questions. Council interviewed Kelly D. Benavides beginning at 5:00 p.m. and concluding at 5:07 p.m. Council interviewed Andy Helms beginning at 5:10 p.m. and concluding at 5:20 p.m. Council interviewed Randall B. Strong beginning at 5:30 p.m. and concluding at 5:40 p.m. Council interviewed Joseph G. Zarcaro beginning at 5:57 p.m. and concluding at 6:04 p.m. Mayor Alfaro reminded Council that two positions could be filled during the Council meeting. One position would be the Associate Municipal Judge to serve the unexpired term of Robert Barfield, until January 31, 2004. The other position would be to serve until the administrative leave of Judge Bailey was resolved or until January 31, 2004. Council Member Anderson expressed support for local candidates, Strong and Benavides. Ms. Benavides' ability to speak Spanish can assist persons who appear before the Court. Council Members Renteria, Mundinger and Murray expressed agreement with Council Member Anderson. Page 2 of 2 Minutes of the Work Session — September 11, 2003 Discuss appointments. Mayor Alfaro stated that he would announce his appointment of Lynne Foley to serve the unexpired term of Douglas Shipley. Council Member Mundinger stated that he would move Ms. Foley's confirmation. Mayor Alfaro announced that he has appointed James White as the resident member of the Baytown Housing Authority. Council Member Renteria stated that he would move the reappointment of James White to the Baytown Housing Finance Corporation. Council Member Anderson stated that he would move the reappointment of Mike Lester, Byron Jones and Dr. Cynthia Lipps to the Baytown Animal Control Advisory Board. Council Member Mundinger stated that he would move the reappointment of Dr. Don Murray and Reggie Brewer to the Board of Directors of Reinvestment Zone Number One, City of Baytown. Mayor Alfaro stated that he would ask that the proposed ordinance creating the Planning and Zoning Commission be amended to provide that the Council would strive to make the Planning and Zoning Commission demographically representative of the City. Gary Jackson, City Manager, explained that the proposed ordinance provides staggered terms of appointment through the length of the initial terms of appointment. Mr. Jackson also explained that staff proposes a change in the ordinance to set a date that the Planning and Zoning Commission must present its annual report to City Council. Council Members Renteria, Mundinger, Murray, Anderson, and Godwin indicated that they were ready to nominate members to the Commission. Mayor Alfaro and Mr. Jackson stated that they were also ready to make nominations. Council Member Sheley explained that he was not ready with a nomination at the Council meeting. Adjourn. There being no further business, Council Member Renteria moved adjournment. Council Member Anderson seconded the motion. The vote follows: Aye: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro Nay: None. The motion carved and the meeting adjourned at 6:25 p.m. G W. §&nith City Clerk