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2006 01 26 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 26, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on January 26, 2006, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Ronnie Anderson Council Member Brandon Capetillo Council Member Sammy Mahan Council Member Don Murray Council Member Scott Sheley Council Member Calvin Mundinger Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez, Sr. City Attorney Lorri Coody City Clerk Council Member Renteria was absent. The meeting was opened with a quorum present and Council Member Sheley led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes for the work session and the regular session held January 12, 2006 and the special meeting held January 18, 2006. Council Member Murray moved for approval of the minutes of the regular session held on January 12, 2006 and the special meeting held January 18, 2006. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Recognition of the Youth of the Month. The introduction was done by Mayor Calvin Mundinger. The Mayor read a synopsis of Mr. Cory Couch’s accomplishments and volunteer activities. Mr. Couch was presented his “Youth of the Month” award and his parents were recognized as well. Presentation from the United Way of Baytown to the City of Baytown. Page 2 of 10 Minutes of the Regular Session – January 26, 2006 City Manager Gary Jackson made the introduction of the City of Baytown United Way Team, Greg Stubbs and Adriana Montalvo. Mr. David Mohlman, Ms. Kris Barry and Mr. Dan Coombs were also introduced as the representatives in attendance from the United Way. Mr. Coombs, the Chairman for this year’s campaign informed Council and Citizens that the City of Baytown exceeded its goal by 30% and what an outstanding job the City employees did, especially Ms. Montalvo. Ms. Montalvo was awarded a plaque by Mr. Stubbs for her tremendous efforts on this year’s campaign and also a Gold Certificate Award from Mr. Coombs of the United Way. Conduct a public hearing on the request of the City of Baytown to amend the Official Zoning map of the City of Baytown to rezone property legally described as County Club Estates, Section One, Lots 1 through 50 and Country Club Estates Section Two, Lots 1 through 59, Baytown, Harris County, Texas from Mixed Use (MU) to Neighborhood Conservation (NC). The public hearing was opened at 6:42 p.m. No one signed in to address council. The public hearing was closed at 6:44 p.m. Consider Proposed Ordinance No. 060126-1, amending the Official Zoning Map of the City of Baytown to rezone property legally described as Country Club Estates, Section One, Lots 1 through 50 and Country Club Estates Section Two. Lots 1 through 59, Baytown, Harris County, Texas from Mixed Use (MU) to Neighborhood Conservation ( NC). Council Member Don Murray moved adoption of the proposed ordinance. Council Member Brandon Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: The motion carried. ORDINANCE NO. 10,246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY DESCRIBED AS COUNTRY CLUB ESTATES, SECTION ONE, LOTS 1 THROUGH 50 AND COUNTRY CLUB ESTATES SECTION TWO, LOTS 1 THROUGH 59, BAYTOWN, HARRIS COUNTY, TEXAS, TO RECLASSIFY SUCH PROPERTY FROM A MIXED USE DISTRICT TO A NEIGHBORHOOD CONSERVATION ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Receive and discuss a presentation from the Houston-Galveston Area Council regarding the FutureGen project proposed for the Cedar Crossing area. Mr. Howard made the FutureGen presentation. The FutureGen is an initiative of the US Department of Energy (DOE) to build the world’s first near zero-emissions fossil fuel power plant. The project would bring 600 plus construction positions for the initial building and have a residual employment effect of Page 3 of 10 Minutes of the Regular Session – January 26, 2006 approximately 100 spin-off jobs, would generate global visitors and interest as well as create tax incentives and additional considerations. State site visits will begin next week. A short list of Texas selected sites will be announced in early spring of 2006. The date by which the state proposal has to be submitted to DOE is to yet be determined. Council Member Sheley made the motion to do Items 7, 8 & 9 together. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Receive quarterly investment report for the period ended September 30, 2005 and the quarterly financial report and investment report for the period ended December 31, 2005. Receive the Baytown Area Water Authority Financial Statements for the fiscal year ended September 30, 2005. Receive the Financial Statements and Single Audit Report for the City of Baytown fiscal year ended September 30, 2005. Ms. Rhonda Young, Director of Finance, gave a brief summary of all three reports. Mayor Mundinger thanked Ms. Young and the reports were received. Consider Proposed Resolution No. 060126-1, approving the Preliminary Official Statement for Sale of City of Baytown’s General Obligation Bonds, Series 2006 and Certificates of Obligation, Series 2006 and approving the paying agent/registrar. Council Member Capetillo moved for adoption of the proposed resolution. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. RESOLUTION NO. 1765 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR SALE OF CITY OF BAYTOWN, TEXAS GENERAL OBLIGATION BONDS, SERIES 2006; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF Page 4 of 10 Minutes of the Regular Session – January 26, 2006 Consider Proposed Resolution No. 060126-2, proposing a crime control and prevention district within the city limits of the City of Baytown and appointing the temporary board of directors. Council Member Anderson moved for adoption of the proposed resolution. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. RESOLUTION NO. 1766 A RESOLUTION PROPOSING THE CREATION OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; DESCRIBING THE TERRITORY TO BE INCLUDED IN SUCH DISTRICT; DESIGNATING A NAME FOR SUCH DISTRICT, APPOINTING THE TEMPORARY BOARD OF DIRECTORS OF THE DISTRICT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060126-3, proposing a fire control, prevention and emergency medical services district within the city limits of the City of Baytown and appointing the temporary board of directors. Council Member Mahan moved for adoption of the proposed resolution. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. RESOLUTION NO. 1767 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROPOSING THE CREATION OF THE BAYTOWN FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES DISTRICT; DESCRIBING THE TERRITORY TO BE INCLUDED IN SUCH DISTRICT; DESIGNATING A NAME FOR SUCH DISTRICT, APPOINTING THE TEMPORARY BOARD OF DIRECTORS OF THE DISTRICT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider proposed Ordinance No. 060126-2 amending Chapter 94 “Traffic and Vehicles,” Article Page 5 of 10 Minutes of the Regular Session – January 26, 2006 VI “Regulation of Certain Vehicles,” Section 94-241 “Designation of truck routes” of the Code of Ordinances by removing Massey-Tompkins and that portion of Garth Road from State Hwy 146 to Cedar Bayou Lynchburg Road from the designated truck routes and adding Bayway Drive from Baker Road to Park Street to the designated truck routes. Byron Jones gave a presentation and explained the various truck routes and changes. Council Member Murray wanted to know why N. Main was not considered as the truck route instead of using Garth. It was explained that N. Main is not in the city limits; and therefore, could not be designated by the City as a truck route. Council Member Mahan expressed appreciation for the change. Mayor Mundinger agreed with Mahan, but was concerned with the Bayway changes. He suggested implementing the new ordinance and if problems occurred that it be placed back on the agenda for review. TX DOT has been contacted and will assist with any additional signage needed for their right of ways. Council Member Capetillo moved for adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Anderson Mayor Mundinger Nays: Council Members Mahan and Sheley The motion passed. ORDINANCE NO. 10,247 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE VI “REGULATION OF CERTAIN VEHICLES,” DIVISION 2 “TRUCKS,” SECTION 94-241 “DESIGNATION OF TRUCK ROUTES” OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060126-3, amending the City Code of Ordinances Section 94-181 “Proof of Ownership of vehicle presumption” and Section 94-242 “Offenses” to provide a presumption that the driver of a vehicle sized Class 7 or larger that is parked in a residential area is in violation of the truck route ordinance. Council Member Mahan expressed concern about tool trucks. He stated that these trucks are taken home for protection. Mr. Leiper stated that tool trucks would fall under Class 6. Council Member Sheley wanted council to consider looking at other problems of this nature including buses. Mayor Mundinger suggested that this action should pass and Council Member Sheley’s additional concerns should be addressed in the future as an on going review of this issue. Council Member Anderson moved for adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Anderson, Mahan and Sheley Page 6 of 10 Minutes of the Regular Session – January 26, 2006 Mayor Mundinger Nays: None The motion passed. ORDINANCE NO. 10,248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE V “STOPPING, STANDING AND PARKING,” DIVISION 2 “PARKING,” SECTION 94-181, “PROOF OF OWNERSHIP OF VEHICLE; PRESUMPTION,” AND AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE VI “REGULATION OF CERTAIN VEHICLES,” DIVISION 2 “TRUCKS,” SECTION 94-242 “OFFENSES” OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR CITATIONS FOR PARKED, UNATTENDED COMMERCIAL VEHICLES DETERMINED TO BE IN VIOLATION OF THE TRUCK ROUTES PRESCRIBED IN SECTION 94-241; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060126-4, accepting the newly constructed Police Academy and releasing retainage to Frost Constructors, Inc. Council Member Mahan moved for adoption of the proposed ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Anderson, Mahan and Sheley Mayor Mundinger Nays: None The motion passed. ORDINANCE NO. 10,249 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE NEWLY CONSTRUCTED POLICE ACADEMY AND RELEASING THE RETAINAGE TO FROST CONSTRUCTORS, INC.; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY-THREE THOUSAND EIGHT HUNDRED SEVEN AND 14/100 DOLLARS ($63,807.14) TO FROST CONSTRUCTORS, INC., FOR SAID PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda. a. Consider a Proposed Ordinance No. 060126-5, authorizing two (2) agreements with Goose Creek Consolidated Independent School District for law enforcement services. b. Consider Proposed Ordinance No. 060126-6, authorizing the continued employment of an individual previously assigned to the Harris County Organized Crime and Narcotics Task Force to the police academy. Page 7 of 10 Minutes of the Regular Session – January 26, 2006 c. Consider Proposed Resolution No. 060126-4 amending Resolution Nos. 1659 and 1660 to accept the 2004 Homeland Security Grant and the 2004 Law Enforcement Terrorism Protection Program Grant from the State Homeland Security Department rather than from the Texas Engineering Extension Service. d. Consider Proposed Ordinance No. 060126-7, awarding the bid for the annual cement stabilized sand contract. e. Consider Proposed Ordinance No. 060126-8, awarding the bid for the annual brass fittings contract. f. Consider Proposed Ordinance No. 060126-9, awarding the renewal of the annual roll-off containers services contract. g. Consider Proposed Ordinance No. 060126-10, awarding the bid for the annual oil and grease contract. h. Consider Proposed Resolution No. 060126-5, authorizing application for renewal of the Emergency Management Performance Grant for FY2006 to help offset personnel costs in the Office of Emergency Management. i. Consider Proposed Resolution No. 060126-6, authorizing the City Manager to execute a contract with H-GAC for the implementation of a H-GAC FY2006 Solid Waste Grant for Litter and Illegal Dumping Cleanup which will be used to provide second year funding of the City of Baytown Community Service Walk-in Station. Grant Amount: $47,759.00 Council Member Sheley moved adoption of the proposed ordinances. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Anderson, Mahan and Sheley Mayor Mundinger Nays: None The motion passed. ORDINANCE NO. 10,250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AGREEMENTS WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR LAW ENFORCEMENT SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CONTINUED EMPLOYMENT OF ONE INDIVIDUAL PREVIOUSLY ASSIGNED TO THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE TO BE ASSIGNED TO THE BAYTOWN POLICE DEPARTMENT IN THE ROBERT P. MERCHANT TRAINING ACADEMY AS THE ADMINISTRATIVE OFFICE MANAGER; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED THIRTY-NINE THOUSAND SEVEN HUNDRED ONE AND 53/100 DOLLARS ($39,701.53) MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1768 Page 8 of 10 Minutes of the Regular Session – January 26, 2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING RESOLUTION NO. 1659 TO ACCEPT THE 2004 HOMELAND SECURITY GRANT FROM THE STATE AUTHORIZING AGENGY OF THE STATE HOMELAND SECURITY DEPARTMENT RATHER THAN FROM THE TEXAS ENGINEERING EXTENSION SERVICE AND AMENDING RESOLUTION 1660 TO ACCEPT THE 2004 LAW ENFORCEMENT TERRORISM PROTECTION PROGRAM GRANT FROM THE STATE HOMELAND SECURITY DEPARTMENT RATHER THAN FROM THE TEXAS ENGINEERING EXTENSION SERVICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,252 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HIGHLANDS STABILIZE, INC., FOR THE ANNUAL CEMENT STABILIZED SAND CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED TWELVE THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($212,250.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL BRAS FITTINGS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY-ONE THOUSAND EIGHT HUNDRED SEVENTY-SIX AND 10/100 DOLLARS ($31,876.10); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,254 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF ARROW WASTE FOR THE ANNUAL ROLL-OFF CONTAINERS SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED FIFTY- FIVE AND NO/100 DOLLARS ($156,655.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,255 AN ORDINACE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TRI-CON, INC., FOR THE ANNUAL OIL AND GREASE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY-FOUR THOUSAND TWENTY-SIX AND 28/100 DOLLARS ($34,026.28); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 10 Minutes of the Regular Session – January 26, 2006 RESOLUTION NO. 1769 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE OFFICE OF THE GOVERNOR, DIVISION OF EMERGENCY MANAGEMENT, FOR FISCAL YEAR 2006 EMERGENCY MANAGEMENT PERFORMANCE GRANT TO ENHANCE THE CITY OF BAYTOWN’S READINESS AND RESPONSE CAPABILITIES; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1770 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY06 SOLID WASTE GRANT AWARD FOR LITTER AND ILLEGAL DUMPING CLEANUP FROM THE HOUSTON- GALVESTON AREA COUNCIL IN THE AMOUNT OF FORTY-SEVEN THOUSAND SEVEN HUNDRED FIFTY-NINE AND NO/100 DOLLARS ($47,759.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss and take appropriate action to prioritize requests for federal funding in FY2007 appropriation requests. City Manager Jackson explained Congressman Green’s deadline of February 28, 2006 for the form submittal for our prioritized projects. Mayor Mundinger believes this is an item for further discussion. No action was taken. Consider appointments to the Baytown Industrial Development Corporation (6). No appointments considered or made. Consider appointments to the Community Development Advisory Committee (2). Council Members Renteria and Sheley have vacancies on the Committee for their Districts. They will need to have their appointments ready for the next Council Meeting. Consider appointments to the Baytown Housing Finance Corporation (1). No appointments considered or made. Consider appointments to the Baytown Housing Authority Board (1). No appointments considered or made. Page 10 of 10 Minutes of the Regular Session – January 26, 2006 City Manager’s Report. th  Ribbon Cutting, Baytown Police Academy, 10 a.m., January 27. City Manger Jackson mentioned the congestion at Hwy 146 @ I10. Council Member Anderson stated that he met with TX DOT and that they were going to replace the now timed traffic signal with a camera driven signal that reads traffic flow. Adjourn. Council Member Mahan moved that the meeting adjourn. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Anderson, Mahan and Sheley Mayor Mundinger Nays: None The motion carried. There being no further business, the meeting adjourned at 7:41p.m. ____________________ Lorri Coody City Clerk