2004 01 08 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 8, 2004
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on January 8, 2004, 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 Renteria led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Consider approval of minutes of the work sessions and regular meeting held on December 11,
2003.
Council Member Mundinger moved approval of the minutes of the work sessions and regular meeting
held on December 11, 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.
Consider approval of minutes of the special meeting held on December 15, 2003.
Council Member Murray moved approval of the minutes of the special meeting held on December 15,
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.
Page 2 of 14
Minutes of the Regular Session — January 8, 2004
Consider Proposed Ordinance No. 040108 -1, approving the collective bargaining agreement with
Baytown Professional Fire Fighters Association, Local 1173.
The agreement is for a term commencing on January 9, 2004 and ending on September 30, 2004, with
the compensation portion of the agreement being effective commencing with the first full pay period
after the approval of the contract by the City Council. The Union and the City agreed to a compressed
tier system and a 2.16% across - the -board raise. The Union approved this contract at its election held
on December 22 — 24, 2003, with a 31 to 11 vote.
Council Member Mundinger moved adoption of the proposed ordinance. 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.
ORDINANCE NO. 9694
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL
1173 FOR THE TERM JANUARY 9, 2004, THROUGH SEPTEMBER 30, 2004 WITH THE
COMPENSATION PORTION OF THE AGREEMENT BEING EFFECTIVE COMMENCING
WITH THE FIRST FULL PAY PERIOD AFTER JANUARY 8, 2004; PROVIDING FOR A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 040108 -2, amending Chapter 94, Article IV "Specific Street
Regulations," Section 94 -121 "Schedules enumerated," Schedule V "Speed Limit Zones" of the
Code of Ordinances, City of Baytown, Texas to establish the maximum prima facie speed for the
frontage roads along Spur 330 (Decker Drive) from the west city limits to the centerline of Garth
Road.
The Texas Department of Transportation (TxDOT) completed an engineering and traffic investigation
concerning the posted speed along the Spur 330 frontage roads. The study recommends that the speed
limit along the completed frontages roads be established at 45 miles per hour along that 5.1 -mile
stretch of roadway. On December 17, 2003 the Planning and Zoning Commission reviewed the
proposed change from 40 miles per hour to 45 miles per hour and recommended that City Council
adopt the change.
Council Member Renteria moved adoption of the proposed ordinance. 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.
Page 3 of 14
Minutes of the Regular Session — January 8, 2004
ORDINANCE NO. 9695
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET
REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE V "SPEED
LIMIT ZONES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO
ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR THE FRONTAGE ROADS
ALONG SPUR 330 (DECKER DRIVE) FROM THE WEST CITY LIMITS TO THE CENTERLINE
OF GARTH ROAD; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING
CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH
VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 040108 -3, awarding a professional services contract for
quality assurance testing for the 2001 Street Bond Project — Phase I.
Proposed Ordinance No. 040108 -3 awards a contract to Coastal Testing Laboratories, Inc. to provide
professional services for the 2001 Street Bond Project - Phase I. Compensation for basic services will
be an amount not -to- exceed of $48,027. The scope of work includes quality assurance testing in
accordance with the construction contract documents and the proposal for testing services for the 2001
Street Bond Project - Phase I. This contract will be funded by 2002 & 2003 General Obligation Bonds
Council Member Godwin moved adoption of the proposed ordinance. 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.
ORDINANCE NO. 9696
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 A PROFESSIONAL SERVICES AGREEMENT WITH COASTAL
TESTING LABORATORIES, INC., FOR THE 2001 -2002 STREET BOND PROJECT — PHASE I;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF FUNDS IN THE AMOUNT NOT
TO EXCEED FORTY -EIGHT THOUSAND TWENTY SEVEN AND NO /100 DOLLARS
($48,027.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Page 4 of 14
Minutes of the Regular Session — January 8, 2004
Consider Proposed Ordinance No. 040108 -4, approving a professional services contract for
construction management services for the Baytown Community Center Renovations Project.
Proposed Ordinance No. 040108 -4 approves a professional services contract in an amount not to
exceed $38,304 with de Oplossing, Inc. for construction management services during the Community
Center Renovations Project. This work is necessary to ensure quality assurance and quality control
during the renovations project. The scope of work includes construction inspection and surveillance to
ensure compliance with the plans and specifications. It also includes implementation of project
controls such as review of pay requests and documentation of project progress. If necessary, de
Oplossing, Inc. will also perform change order review and project closeout monitoring. This project
will be funded by 2001 General Obligation Bonds Interest Earnings.
Council Member Murray moved adoption of the proposed ordinance. 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 canned.
ORDINANCE NO. 9697
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH DE OPLOSSING, INC., FOR CONSTRUCTION
MANAGEMENT SERVICES FOR THE BAYTOWN COMMUNITY CENTER RENOVATIONS
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED THIRTY -EIGHT THOUSAND THREE HUNDRED FOUR AND NO /100 DOLLARS
($38,304.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 040108 -5, the first reading of the Ordinance annexing
property currently within the extra - territorial jurisdiction of the City of Baytown and being a
6.639 -acre tract of property north of Staples Addition in Chambers County, Texas.
The City of Baytown has received a request to annex the 6.639 -acre tract of land owned by Bayou
Development, L.L.C. The owner proposes to develop the tract, along with the adjoining 3.667 -acre
tract currently within the city limits, as a recreational vehicle park. Bayou Development, L.L.C. filed
and the City Council approved a petition to annex this property. In accordance with state law, two
public hearings were held on the proposed annexation on November 25, 2003. The final reading may
not be held until 30 days after the publication of the first reading of the ordinance and will be
scheduled for February 12, 2004.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Mundinger
seconded the motion. The vote follows:
Page.5 of 14
Minutes of the Regular Session — January 8, 2004
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9698
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, AND THE ANNEXATION OF A 6.639 ACRE TRACT OF PROPERTY
NORTH OF STAPLES ADDITION IN CHAMBERS COUNTY, TEXAS; WHICH SAID
TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR
THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance No. 040108 -6, the first reading of the Ordinance annexing
property currently within the extra - territorial jurisdiction of the City of Baytown and being a
5.565 -acre tract of land located at 5333 East Freeway, in the George Ellis Survey, Abstract No.
21, Harris County, Texas, being located north of and adjacent to Interstate Highway No. 10,
between Garth Road and North Main Street.
The City of Baytown has received a request to annex the 5.565 -acre tract of land owned by Mohamad
H. Saleem. The owner proposes to develop the property as a Mitsubishi automobile dealership. Mr.
Saleem filed and the City Council approved a petition to annex this property. In accordance with state
law, two public hearings were held on the proposed annexation on December 11, 2003. The final
reading may not be held until 30 days after the publication of the first reading of the ordinance and will
be scheduled for February 12, 2004.
Council Member Murray 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. 9699
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, AND THE ANNEXATION OF A 5.565 ACRE TRACT OF LAND
LOCATED AT 5333 EAST FREEWAY, IN THE GEORGE ELLIS SURVEY, ABSTRACT NO. 21,
HARRIS COUNTY, TEXAS, BEING LOCATED NORTH OF AND ADJACENT TO INTERSTATE
HIGHWAY NO. 10, BETWEEN GARTH ROAD AND NORTH MAIN STREET; WHICH SAID
TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR
THE CITY OF BAYTOWN, TEXAS.
Page 6 of 14
Minutes of the Regular Session — January 8, 2004
Consider Proposed Ordinance No. 040108 -7 creating the position of City Marshal in the City
Clerk's Office /Municipal Court Division.
The City Marshal will be a peace officer primarily engaged in serving outstanding warrants and the
collection of delinquent fines in Municipal Court. The Marshal will receive specialized training about
courts, court procedures and operations, the duties of a bailiff and all aspects of the collection process
that are not provided to peace officers in our Police Department.
The proposed ordinance will also authorize application by the City Clerk's Office to serve as license
holder for the Marshal with the Texas Commission on Law Enforcement Standards and Education and
to take other actions necessary to create the position.
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. 9700
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, CREATING THE
POSITION OF CITY MARSHAL; ESTABLISHING DUTIES; AUTHORIZING THE CITY CLERK
TO MAKE APPLICATION TO THE TEXAS COMMISSION ON LAW ENFORCEMENT
STANDARDS AND EDUCATION TO SERVE AS LICENSE HOLDER FOR THE CITY
MARSHAL AND ANY AND ALL DEPUTY MARSHALS AND TO TAKE OTHER ACTIONS
NECESSARY TO CREATE THE POSITIONS; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Mayor Alfaro announced that he and Council Members Anderson, Godwin, and Murray had filed
affidavits of conflict of interest with the City Clerk's office on the following item prior to the meeting.
He reiterated an earlier opinion by the City Attorney that since a majority of City Council was
conflicted regarding this issue, under State law, all could participate in the discussion and vote.
Consider Proposed Ordinance No. 040108 -8, establishing a time and date for a public hearing on
the proposed ExxonMobil Enterprise Zone Project.
The State law regarding Enterprise Zones was changed during the last legislative session to allow
Enterprise Zones to be automatically created when certain poverty levels are met in a block group and
to designate a business as an Enterprise Project not located in an Enterprise Zone if certain hiring
requirements are met. Representatives from ExxonMobil will make a presentation and answer
questions at the work session on January 8`h. The only action proposed by the item is to call a required
public hearing on their request.
Page 7 of 14
Minutes of the Regular Session — January 8, 2004
Council Member Sheley 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. 9701
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ESTABLISHING THE DATE AND PLACE FOR A PUBLIC HEARING REGARDING THE
NOMINATION OF THE PROPOSED EXXONMOBIL ENTERPRISE ZONE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 040108 -1 consenting to the change in the use of approximately
44.2 acres of land within Reinvestment Zone Number One, City of Baytown, Texas, from a
residential reserve to an education site expressly contingent upon the purchase of such site by the
Goose Creek Consolidated Independent School District.
The agreement among Reinvestment Zone Number One, City of Baytown, Texas, the Baytown
Redevelopment Authority and Parkway Investments Partners L.P. requires that the use of the property
within the zone designated for residential use cannot be changed without the express written consent of
the City of Baytown, the Reinvestment Zone and the Redevelopment Authority. This ordinance gives
the necessary consent and will enable Goose Creek Consolidated Independent School District
(GCCISD) to develop the same for educational purposes. GCCISD has identified the 44.2 -acre site
within the Zone as an area of interest due to the current, pending and future residential development
within the area. This consent is expressly contingent upon GCCISD's purchase of the property.
Should GCCISD decide not to purchase the property, the site shall remain designated for residential
use. The TIRZ Board and the Redevelopment Authority Board each recommended approval.
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.
RESOLUTION NO. 1623
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CONSENTING TO THE CHANGE IN THE USE OF APPROXIMATELY 44.2 ACRES OF LAND
WITHIN REINVESTMENT ZONE NO. ONE, CITY OF BAYTOWN, TEXAS, FROM A
RESIDENTIAL RESERVE TO AN EDUCATION SITE EXPRESSLY CONTINGENT UPON THE
PURCHASE OF SUCH SITE BY THE GOOSE CREEK CONSOLIDATED INDEPENDENT
SCHOOL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 8 of 14
Minutes of the Regular Session — January 8, 2004
Consider authorizing advertisement for bids relating to Bayland Island.
Council Member Anderson moved to authorize advertisement for bids relating to Bayland Island, with
the stipulation that the bid packets include an explanation regarding the required $25,000 election
deposit, as well as a letter from the marina operator offering to renegotiate the marina lease. 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 establishing a method for review of the Charter.
Council debated the wisdom of having only selected proposed amendments on the upcoming May
ballot as opposed to a comprehensive review of the entire City Charter.
Council Member Sheley moved that that a Charter Review Committee be appointed, to work with the
assistance of City staff, with the recommended amendments, as approved by Council, to be placed on
the ballot for a City-wide election at the earliest possible date. Council Member Mundinger seconded
the motion.
Following further discussion regarding the formation of the committee, Council Member Sheley
amended his motion as follows: that City Council appoints a citizen committee representative of one
representative from each Council and Mayor. Council Member Mundinger seconded the motion.
The vote follows on the amendment:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley.
Nays: Council Member Renteria and Mayor Alfaro.
The amendment carried.
The vote follows on the main motion:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley.
Nays: Council Member Renteria and Mayor Alfaro.
The motion carried.
Page 9 of 14
Minutes of the Regular Session — January 8, 2004
Consent Agenda
a. Proposed Ordinance Number 040108 -9 awards the annual gasoline and diesel fuel
contract to Alexander Oil Company in the amount of $891,262.82. Invitations to bid
were sent to fourteen suppliers and we received six responses. The total contract amount
includes all taxes and environmental fees for all entities (City of Baytown, Goose Creek
ISD, Barbers Hill ISD, Lee College, and Seabrook) included in the Interlocal Contract for
fuel. The City of Baytown portion of this contract is $532,935.87. The price per gallon of
fuel is based on the discount offered added to the daily Oil Publication Information Sheet
(OPIS) price per gallon. Last year's December pricing is compared to this year's pricing
for total delivered price per gallon (including all taxes and fees) as follows:
Fuel:
2002 -03
2003 -2004
% Change
Regular
$1.1301
1.1017
- 2.513%
Diesel
$1.0817
1.0543
- 2.533%
Current Unit (December 23"d) Cost Comnarison as follows:
Fuel: Current Contract: New Contract: % Change:
Regular $1.0756 $1.0778 .205%
Diesel $1.1143 $1.1145 .178%
• All bids were based on the daily Oil Publication Information Sheet (OPIS) of
November 18, 2003 and
• Due to the estimated volume, there is a.3567% increase from last year's award for
City of Baytown portion.
b. Proposed Ordinance No. 040108 -10 awards the last renewal of the annual brass fittings
contract to Golden Triangle Pipe, in the amount of $33,253.05. Golden Triangle Pipe
submitted a written request to renew the current contract for the same pricing, terms and
conditions. Quantities remain the same as last year. This contract is used for water
rehabilitation, water distribution, water taps, and utility construction projects.
C. Proposed Ordinance No. 040108 -11 awards the second renewal of the annual cement
stabilized sand contract to Mega Sand Enterprises, Inc., in the amount of $86,296.50.
Mega Sand Enterprises submitted a written request to renew the current contract for the
same pricing, terms and conditions. Quantities remain the same as last year. Cement
stabilized sand is used by the Public Works and Parks and Recreation Department for
various projects throughout the City.
d. Proposed Ordinance No. 040108 -12 awards the first renewal of the annual lifeguard
services contract to Baytown Family YMCA in the amount of $60,706.20. This
contract is for lifeguard services and day -to -day pool operation for two pools, N. C.
Foote Pool, and Sports Complex Pool, for the 2004 swim season. The contractor shall
have exclusive responsibility for managing and operating the two swimming pools for
the City of Baytown. The responsibilities include: maintaining proper PH and Chlorine
levels; collection of daily admission fees; pool and janitorial maintenance; and
provision of proper staffing for all operations. This contract saved the City
approximately $11,200 over the net expenses of the previous year and the Parks and
Recreation staff is satisfied with the performance of the YMCA personnel.
Page 10 of 14
Minutes of the Regular Session — January 8, 2004
e. Proposed Ordinance No. 040108 -13 authorizes the purchase of two Chevrolet Impalas
from Lawrence Marshall Chevrolet through H -GAC in the amount of $34,426 including
the H -GAC fee of $600; twelve Ford Crown Victorias, two % Ton Ford F250 SC
Trucks, one Ford Van, and two %2 Ton Ford 150 SC Trucks from Philpott Motors, Inc.,
through H -GAC in the amount of $331,555.64 including H -GAC fee of $600, for the
Police Department. The cost of each Crown Victoria is $20,151.72. The cost of each
% -ton pickup truck is $20,403. The cost of the van is $13,797.00. The cost of each Y2-
ton pickup truck is $17,266.00. Funding is available in the Police Department budget.
All vehicles are replacement vehicles.
The following vehicles are being replaced:
Unit #
Description
Mileage
Unit 9547
Chevy Impala
Mileage 65,907
Unit 9581
Chevy Impala
Mileage 65,907
Unit 9658
Ford Crown Victoria
Mileage 94,773
Unit 9763
Ford Crown Victoria
Mileage 97,878
Unit 9764
Ford Crown Victoria
Mileage 98,975
Unit 9965
Ford Crown Victoria
Mileage 87,795
Unit 9961
Ford Crown Victoria
Mileage 95,518
Unit 0076
Ford Crown Victoria
Mileage 94,820
Unit 0070
Ford Crown Victoria
Mileage 90,783
Unit 9719
Ford Crown Victoria
Mileage 80,658
Unit 9246
Ford ACO Truck w /liftMileage 107,263
Unit 9951
Ford Cargo Van
Mileage 127,086
Unit 9942
Domestic Violence
Mileage 70,319
Unit 9523
Ford Taurus
Mileage 99,648
Two Narcotic
Pickups
f. Proposed Ordinance No. 040108 -14 authorizes interagency contracts with the Cities of
Houston, La Porte, Seabrook, Katy, Bellaire, Humble, and Webster and the Counties of
Harris and Fort Bend to allow their participation in the Harris County Organized Crime
& Narcotics Task Force ( "HCOCNTF "). The terms and conditions in the inter - agency
contracts between the HCOCNTF and these entities are substantially the same.
Approval of these contracts will allow these entities to approve the standard contracts.
All services will be reimbursed through grant funding. No local funding is involved.
g. Proposed Resolution No. 040108 -2 authorizes and directs the Mayor to execute the
General Certificates of Local Governmental Unit relating to the issuance of Single
Family Mortgage Revenue Refunding Notes, Series 2004A, by Southeast Texas
Housing Finance Corporation ( "STHFC "). STHFC has proposed offering Single Family
Mortgage Revenue Refunding Notes, Series 2004A, in an amount not to exceed
$50,000,000 in order to provide funds to refund certain outstanding obligations of
STHFC, thereby preserving the availability of funds to assist in financing the
origination of certain mortgage loans for the purchase of single family residences by
persons and families of low and moderate income throughout STHFC's territory.
Page 1 l of 14
Minutes of the Regular Session — January 8, 2004
The issuance of the bonds is expected to advance the STHFC's continued efforts in
providing safe, decent, 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.
This proposed bond issuance is a renewal of the STHFC's program, which was
approved in 1997, 1999, and 2000, and in 2001 for a three -year period. According to
STHFC, due to this refunding note program, STHFC has been able to offer more than
$35,000,000 in mortgages and down payment assistance to over 450 families in the past
six years. If approved, the program will continue for an additional three -year period
from March 1, 2004, to March 1, 2007.
h. Consider referring a request to change the name of West Wye Drive to the Planning and
Zoning Commission. The Baytown Family YMCA has requested that West Wye Drive
be renamed YMCA Drive. The policy for renaming streets allows Council the option of
referring a requested name change to the Planning and Zoning Commission for
consideration and recommendation.
Council Member Mundinger moved adoption of the consent agenda, items a through h. 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.
ORDINANCE NO. 9702
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF ALEXANDER OIL COMPANY FOR THE ANNUAL GASOLINE AND
DIESEL FUEL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,
THE SUM OF EIGHT HUNDRED NINETY -ONE THOUSAND TWO HUNDRED SIXTY -TWO
AND 82/100 DOLLARS ($891,262.82); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9703
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL BRASS FITTINGS
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
THIRTY -THREE THOUSAND TWO HUNDRED FIFTY -THREE AND 051100 DOLLARS
($33,253.05); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Page 12 of 14
Minutes of the Regular Session — January 8, 2004
ORDINANCE NO. 9704
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT 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. 9705
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING
THE CONTRACT OF BAYTOWN FAMILY YMCA FOR THE ANNUAL LIFEGUARD
SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF SIXTY THOUSAND SEVEN HUNDRED SIX AND 20/100 DOLLARS ($60,706.20);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9706
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF THREE HUNDRED SIXTY -FIVE THOUSAND NINE
HUNDRED EIGHTY -ONE AND 64/100 DOLLARS ($365,981.64) TO HOUSTON - GALVESTON
AREA COUNCIL FOR THE PURCHASE OF VEHICLES FOR THE BAYTOWN POLICE
DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9707
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN INTERAGENCY CONTRACT WITH THE CITIES OF HOUSTON, LA
PORTE, SEABROOK, KATY, BELLAIRE, HUMBLE AND WEBSTER AND THE COUNTIES OF
HARRIS AND FORT BEND FOR PARTICIPATION IN THE HARRIS COUNTY ORGANIZED
CRIME AND NARCOTICS TASK FORCE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
RESOLUTION NO. 1624
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 REFUNDING NOTES, SERIES 2004A, BY
SOUTHEAST TEXAS HOUSING FINANCE CORPORATION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Mayor's announcement of Chairman of the Baytown Redevelopment Authority.
Mayor Alfaro announced that Council Member Don Murray was reappointed as Chairman of the
Baytown Redevelopment Authority. The Authority's By -laws authorize the Mayor to appoint the
Chairman.
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Minutes of the Regular Session — January 8, 2004
Mayor's announcement of appointments to the Houston - Galveston Area Council Transportation
Policy Council and Technical Advisory Committee.
Mayor Alfaro announced that Council Member Don Murray was reappointed to the Transportation
Policy Council and Gregory Stubbs, Director of Planning and Development Services was appointed as
the alternate. Mr. Stubbs was appointed as the voting member on the H -GAC Technical Advisory
Committee and Fred Pack, Director of Public Services, was appointed as the alternate.
Consider appointment to the Baytown Industrial Development Corporation Board.
This item was not ready for consideration.
Consider appointments to the Electrical Board.
The terms of John Rowland (Graduate Electrical Engineer), A.L. Jordan (Electrical Contractor) and
Mark Stanley (Journeyman Electrician) will expire on January 1, 2004. Each has agreed to serve if
reappointed by council. During the most recent term, all attended the two meetings held by the board.
Council Member Mundinger moved the appointment of John Rowland (Graduate Electrical Engineer),
A.L. Jordan (Electrical Contractor) and Mark Stanley (Journeyman Electrician) to the Electrical 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.
City Manager's Report.
City Manager Jackson informed Council that as a follow -up to the meeting held on August 18, 2003,
during the work session prior to the regular meeting on February 12, 2004, options regarding the
Conference Center will be presented to both Council and the TIRZ Board.
Conduct the appeal of the decision of the Urban Rehabilitation Standards Review Board to
demolish the structure at 104 Carver.
On December 1, 2003, the Urban Rehabilitation Standards Review Board met and considered the
condition of the property located at 104 Carver Street. Notice of the hearing was provided to the
owner of the property by certified mail and by publication. The owner of the property, Clemmie J.
Jones, a resident of Los Angeles, California, did not appear. The Urban Rehabilitation Standards
Review Board ordered the demolition of the structure. On December 8, 2003, Ms. Jones submitted
notice of her appeal of the decision.
No action was required on the requested appeal hearing because an agreement had been entered
between the City and the property owner for the repair of the structure at 104 Carver Street.
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Minutes of the Regular Session — January 8, 2004
Opp. Consider affirming, modifying, or reversing the decision of the Urban Rehabilitation Standards
Review Board to demolish the structure at 104 Carver Street.
No action was required on the requested appeal hearing because an agreement had been entered
between the City and the property owner for the repair of the structure at 104 Carver Street.
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 carried.
There being no further business, the meeting adjourned at 7:10 p.m.
GaryAV. S 'h
City Clerk
Onk