Loading...
2006 02 23 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 23, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on, 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 Mercedes Renteria III 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 The meeting was opened with a quorum present and Council Member Murray led the pledge of allegiance and offered the invocation after which the following business was conducted: Mayor Mundinger recognized all youth in attendance. Consider approval of minutes for:  The special meeting held on February 7, 2006.  The Work Session held on February 9, 2006.  The Regular Council Meeting held February 9, 2006. Council Member Mahan moved to approve the minutes from the special meeting held on February 7, 2006, the Work Session held February 9, 2006 and the Regular Council Meeting held February 9, 2006. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Page 2 of 16 Minutes of the Regular Session – February 23, 2006 Recognition of the Youth of the Month. Mayor Mundinger recognized the Youth of the Month, Ms. Keli Gentry, read a synopsis of her extraordinary high school career, presented her with her award and complimented her parents on what a fine job they had done as parents. Mayor Mundinger moved to item 7 on the agenda. Consider Proposed Ordinance No. 060223-1, authorizing the Letter of Intent and Agreement in Principle with the Receiver for the Bay Oaks Harbor Water and Sewer Systems and the Bay Oaks Harbor Property Owners Association, Inc., concerning the City’s possible takeover and operation of the water and wastewater systems at Bay Oaks Harbor, Section One. City Manager, Gary Jackson summarized the Letter of Intent. Council engaged in general conversation regarding their pleasure in this project and what a fine job Mr. Faulk and Staff had done in accomplishing same. They also recognized the citizens from Bay Oaks Harbor, Section One who showed their pleasure in the LOI. Mr. Faulk addressed Council’s questions on the timeline and process. He reviewed the process and stated by this time next year the process should be complete. Council Member Mahan moved to approve the ordinance as presented. Council Member Renteria seconded. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,267 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE LETTER OF INTENT AND AGREEMENT IN PRINCIPLE WITH THE RECEIVER FOR THE BAY OAKS HARBOR WATER AND SEWER SYSTEMS AND THE BAY OAKS HARBOR PROPERTY OWNERS ASSOCIATION, INC., CONCERNING THE CITY’S POSSIBLE TAKEOVER AND OPERATION OF THE WATER AND WASTEWATER SYSTEMS AT BAY OAKS HARBOR, SECTION ONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor Mundinger moved to item 6 on the agenda. Receive a presentation from the Bayou Bowl Association regarding their plans for the 2006 Bayou Bowl and a request for “Co-Presenting Sponsor” funding. Mayor Mundinger introduced Mr. Olan with the Bayou Bowl Association. Mr. Olan ran the Bayou Bowl advertisement for their review. He then gave a presentation explaining the Bayou Bowl, its itinerary and accompanying events for coaches, players and fans. He reminded Council that the proceeds from the Bayou Bowl support the Shriner’s Hospital and what kind of economic impact the game has on the City of Baytown. Mr. Olan also explained the allocation of the funds the Page 3 of 16 Minutes of the Regular Session – February 23, 2006 Association is seeking from Council. Mr. Olan presented the City with a commemorative, autographed football and showed the ring presented to players. He then fielded questions from Council which he addressed accordingly. Mayor Mundinger expressed his support of this event and the importance of having it this year, especially for the youth of Louisiana and Texas affected by the hurricanes. With all they have been through, this is an event well deserved. Mayor Mundinger acknowledged former Mayor Pete Alfaro and he moved to items 3, 4, 5 and then 28 on the agenda. Citizen Communication: Casey Hornberger has requested to address Council regarding the division of a seven acre tract. Mayor Mundinger introduced Mr. Hornberger and explained to Council that he is asking for a variance. City Manager Jackson explained that this is actually an item that would be an amendment to the code. Council engaged in brief conversation regarding Mr. Hornberger’s needs and the process. City Manager Jackson introduced Mr. Greg Stubbs from the Planning Department. Mr. Stubbs reviewed with Council what has taken place on this item to present. Mayor Mundinger expressed his desire to see Staff guide Mr. Hornberger through this process with the Planning and Zoning Commission. Citizen Communication: Mr. James Haarmeyer with Baytown Citizens for Property Rights, has requested to address Council regarding an amendment to the Smoking Ordinance. Mayor Mundinger reviewed the rules and time limits with those wishing to address Council. He then introduced Mr. James Haarmeyer. Mr. Haarmeyer relinquished his time to Mr. John Coffel. Citizen Communication: Mr. John Coffel with Baytown Citizens for Property Rights, has requested to address Council regarding an amendment to the Smoking Ordinance. Mr. Coffel expressed his concerns of this Ordinance’s effect on the property rights of the citizens and his displeasure in the acts of Council regarding the inception of this Ordinance. He is not arguing about the health effects of smoking, but that a business owned in Baytown is private property, not public property. He presented Council with a proposed ordinance which he stated was similar to option B that was initially presented at the time the current smoking ordinance was being considered. th He asked that his ordinance be placed on the May 13 ballot. He showed Council a petition containing 2500+ signatures. In closing, he thanked Council for their time. Discuss and provide direction regarding future Council action or consideration concerning smoking in public places. Mayor Mundinger informed Council there were several citizens wishing to speak on this issue. Again he reviewed the rules and limits with those wishing to speak. Mayor Mundinger introduced speaker number one, Mr. Jeff Ackerman. Mr. Ackerman spoke regarding his opposition to anything that would weaken the current ordinance. He expressed to Council that the world has changed and cited cities and countries that have gone smoke free. He urged Council to stand firm on the current ordinance. Page 4 of 16 Minutes of the Regular Session – February 23, 2006 Mayor Mundinger introduced speaker number two, Dr. Richard Ehlers. Dr. Ehlers also spoke in opposition of changing the current ordinance. He communicated the dangers of second-hand smoke and the risk to public health. He also urged Council to stand firm and not to mortgage the public health of the citizen’s of Baytown at the expense of a few. Mayor Mundinger introduced speaker number three, Dr. Andrew Lannie. Dr. Lannie spoke very briefly in support of changing the ordinance and loosening the restrictions now in place. Mayor Mundinger introduced speaker number four, Mr. Logan Havel. Mr. Havel spoke on property rights and how this ordinance limits the economic growth of certain businesses. He cited studies that referenced specific loss of revenue. In closing, he thanked Council and ended in a quote from C.S. Lewis. Mayor Mundinger introduced speaker number five, Mr. Kirby Broussard. Mr. Broussard asked Council why the Partners of a Smoke Free Baytown are not in compliance with the current ordinance and why the ordinance was not being enforced. With no other speakers on this issue, Mayor Mundinger directed Council in conversation on this issue and recommended that Council not take any action on the presented proposal B. Various Council Members are in support of taking this to the voters, but concerned that only one side was represented and are worried about the citizens that have no voice, the children. In closing this discussion, Mayor Mundinger again expressed that this should be left in the hands of the voters. With no further discussion, the meeting moved to agenda item number 8. Receive the 2005 Racial Profiling Report. Mayor Mundinger introduced Chief Jones. Chief Jones presented the report to Council and explained what data was collected. He then introduced and turned the presentation over to Capt. Dougherty. The Captain reviewed how the data was collected, the purpose and review of the recorded tapes. He then went in to more detail on the types of data collected. Council was informed that there was only one incident of racial profiling reported. The Chief and Captain fielded questions from Council and addressed each accordingly. Mayor Mundinger commended the Department for a job well done. Consider Proposed Ordinance No. 060223-2, approving a contract with the Texas Department of Transportation for additional $250,000 in CMAQ funding for Phase III of the Goose Creek Stream Greenbelt Trail. City Manager Jackson summarized the contract and proposed ordinance. He recognized Mr. Quincy Allen with the Texas Department of Transportation. Page 5 of 16 Minutes of the Regular Session – February 23, 2006 With no further discussion Council Member Mahan moved to approve the contract. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,268 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT AMENDMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR SUPPLEMENTAL FUNDING FOR PHASE III OF THE GOOSE CREEK STREAM GREENBELT TRAIL; AUTHORIZING A CASH MATCH FOR THE CONGESTION MITIGATION AND AIR QUALITY SUPPLEMENTAL FUNDING IN THE AMOUNT OF FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No.060223- 3, approving change orders number 7a, 8, 9, 10 and 11 for Phase III of the Goose Creek Stream Greenbelt Trail. City Manager Jackson reviewed the change orders with Council and pointed out the various memos and supplements given for their review. He introduced Mr. Quincy Allen with Tx DOT and Scott Johnson with Parks and Recreation. Mr. Johnson updated Council on the progress of the project and fielded questions from Council. He and Mr. Allen addressed each accordingly. Council Member Sheley voiced a concern of the length of time spent and the elaborateness of this project. Mr. Johnson explained to Council that the source of funding drives the standards. He cited several examples. With no other discussion Council Member Capetillo moved to approve the ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Page 6 of 16 Minutes of the Regular Session – February 23, 2006 ORDINANCE NO. 10,269 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NOS. 7A 8, 9 AND 10 WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR PHASE III OF THE GOOSE CREEK STREAM GREENBELT TRAIL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED FOUR THOUSAND FIVE HUNDRED TWENTY-THREE AND 68/100 DOLLARS ($204,523.68); AUTHORIZING A TWO-DAY TIME EXTENSION VIA CHANGE ORDER NO. 11 WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR PHASE III OF THE GOOSE CREEK STREAM GREENBELT TRAIL; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No.060223-4, approving final payment to Mullen Asphalt Paving Co., Inc. and accepting the Jenkins Park Asphalt Overlay Project. City Manager Jackson summarized the project and explained the cost increase. With no further conversation, Council Member Anderson moved for approval. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,270 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE JENKINS PARK ASPHALT OVERLAY PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY-FIVE THOUSAND SEVEN HUNDRED FIFTEEN AND 50/100 DOLLARS ($25,715.50) TO MULLEN ASPHALT PAVING CO., INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss and take appropriate action to prioritize requests for federal funding in FY2007 appropriations requests. Mayor Mundinger asked Staff for an extension. Council engaged in general conversation on this item. Council Member Murray asked Quincy Allen with Tx DOT about a fly-over at Spur 330 and HWY 146. He feels this needs to be addressed. Council Member Renteria was in agreement. Mr. Allen informed Council that this is part of a larger project, but the design was underway and the bid is set for 2010. With additional conversation needed, Mayor Mundinger moved to next item. Page 7 of 16 Minutes of the Regular Session – February 23, 2006 Discuss and consider approval of the streets for the Mill and Overlay Program funded by the Street Maintenance Sales Tax for Work Orders #2 and #3. City Manager Jackson reviewed the Work Orders with Council. Council Member Murray voiced his desire to add a traffic component to the street selection process. Deputy City Manager Leiper reviewed the chart with Council. Council engaged in limited conversation regarding the item. With no additional discussion Council Member Capetillo made a motion to approve as submitted. Council Member Anderson seconded. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Discuss and consider approval of ballot language for a Charter amendment concerning the length of terms for Council and the Mayor. Mayor Mundinger introduced Mr. Mike Beard, who indicated he was speaking as a private citizen not a committee member. He expressed concerns about the suggestions of the committee being ignored and that Council for the most part has voted the opposite of the committee recommendations. He feels Council is under estimating the public’s ability to understand charter amendments. Mr. Beard reviewed various instances with Council. City Manager Gary Jackson reviewed the presentation and the various options presented to Council. Council engaged in lengthy conversation on the item. Deputy City Manager Leiper commented that option one was the simplest ballot language. Council Member Capetillo asked if they could rescind the previous vote on the 2-2-3 plan and change to a 3-3-1 plan. Deputy City Manager Leiper reviewed this plan with Council. Council engaged in conversation regarding the 3-3-1 plan asking for additional clarification. With concerns and questions addressed by Staff, Council Member Sheley made a motion for the 3-3-1 plan with the Mayor carrying over for an additional year. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: Council Member Renteria The motion carried. Discuss and consider approval of ballot language for a Charter amendment concerning executive sessions. City Manager Jackson reviewed the ballot language with Council and reminded them of their previous conversation on this issue. Council engaged in conversation. They are concerned that they need to add language that is more definitive. Mayor Mundinger asked if the language could be Page 8 of 16 Minutes of the Regular Session – February 23, 2006 amended to state “and may hold executive sessions authorized by State Law.” Council Member Sheley made a motion to accept the amended ballot language as follows: The amendment of Section 25 of the Charter of the City of Baytown, Texas, to conform to state law regarding election dates and to require City Council to hold open meetings and to allow executive sessions as authorized by State law. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Discuss and consider approval of ballot language for a Charter amendment concerning the filling of vacancies on Council. City Manager Jackson explained the language to Council and stated that if 3 year terms pass, this will never take effect. Council Member Mahan made a motion to approve the ballot language as presented. Council Member Brandon Capetillo seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Discuss and consider approval of ballot language for a Charter amendment adopting a section that provides rules for interpreting the charter, to address gender, tense, and grammatical issues With limited conversation, Council Member Capetillo moved to approve ballot language as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Discuss and consider approval of ballot language for a Charter Amendment concerning the number of signatures necessary for Initiative and Referendum. Page 9 of 16 Minutes of the Regular Session – February 23, 2006 City Manager Jackson explained the ballot language. With limited discussion, Council Member Anderson moved to approve the ballot language as presented. Council Member Capetillo seconded. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Discuss and consider approval of ballot language for a Charter Amendment concerning the number of signatures necessary to initiate a Recall Election. City Manager Jackson reviewed the item with Council and presented the language. Council discussed this option and whether they should amend the language to reflect “equal to the number of votes cast in the last contested election”. Council Member Renteria made a motion to accept the amended ballot language. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, and Murray Mayor Mundinger Nays: Council Member Sheley The motion carried. Discuss and provide direction concerning a Charter amendment that would prevent the current city council and any future city councils from reversing or amending a referendum or initiative voted on and approved by the citizens of Baytown. Council Member Renteria explained the item. City Attorney Ramirez reviewed different scenarios of the effects of this agenda item. His concern is whether the content is legal. Mike Beard addressed Council stating that the voting public is very much against Council changing any thing they have put in place by a vote. With lack of a motion, further direction and conversation was halted on this item. Discuss and consider the requirements for Public Notification of Proposed City Charter Amendments. City Manager Jackson reviewed the requirements with Council. City Clerk Coody informed Council of the costs involved. Council discussed the costs of the notification and conferred that this was acceptable. With no further discussion, Council moved to the next item. Consider Proposed Ordinance No. 060223-5 amending Exhibit A of Ordinance No. 10,263 passed by the City Council on February 9, 2006, concerning the polling places for the joint election agreement. With limited discussion, Council Member Sheley made a motion to amend Exhibit A of Ordinance Page 10 of 16 Minutes of the Regular Session – February 23, 2006 No. 10,263. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. ORDINANCE NO. 10,271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING EXHIBIT “A” OF THE JOINT ELECTION AGREEMENT, WHICH THE CITY COUNCIL AUTHORIZED VIA ORDINANCE NO. 10,263 ON FEBRUARY 9, 2006, CONCERNING THE POLLING PLACES FOR THE JOINT ELECTION TO BE HELD ON MAY 13, 2006; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Ordinance No. 060223-6 amending Section 9 of Ordinance No. 10,262 passed by the City Council on February 9, 2006, concerning the naming of election officials. No consideration at this time. Discuss Baytown Redevelopment Advisory Commission. City Manager Jackson reviewed the supplemental materials with Council. Council and Staff want to ensure that there is a clear charge of this group. Discussion to continue at a future date. Consider Proposed Resolution No.060223-1, canceling the Council meeting scheduled for the second Thursday of April 2006 at 6:30 p.m. and calling a special Council meeting on Thursday, April 13, 2006 at 4:30 p.m. City Manager Jackson reviewed the proposed resolution with Council. With no discussion, Council Member Murray moved to approve the Resolution as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Page 11 of 16 Minutes of the Regular Session – February 23, 2006 RESOLUTION NO. 1774 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON APRIL 13, 2006, AT 4:30 P. M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON APRIL 13, 2006, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060223-2, calling a special Council meeting on Monday, March 6, 2006 at 4:30 p.m. With no discussion, Council Member Mahan moved to approve the proposed resolution. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. RESOLUTION NO. 1775 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING SPECIAL COUNCIL MEETINGS TO BE HELD ON MONDAY, MARCH 6, 2006, AT 4:30 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS, TO HOLD PUBLIC HEARINGS AND TAKE OTHER ACTIONS RELATED TO THE CRIME CONTROL PLAN AND BUDGET PLAN OF THE TEMPORARY BOARD OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT AND THE FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES PLAN AND BUDGET PLAN OF THE TEMPORARY BOARD OF THE BAYTOWN FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060223-3, authorizing the Mayor to send Texas Petrochemicals LP a letter of the City Council’s intent to establish a Reinvestment Zone and to consider granting Tax Abatement Agreements. City Manager Jackson reviewed this process with Council and asked Mr. BJ Simon for his comments. Mr. Simon spoke briefly and thanked Council. Council Member Murray moved to approve the proposed resolution. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Page 12 of 16 Minutes of the Regular Session – February 23, 2006 Nays: None The motion carried. RESOLUTION NO. 1776 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO SEND TEXAS PETROCHEMICALS, LP, A LETTER OF THE CITY COUNCIL’S INTENT TO ESTABLISH A REINVESTMENT ZONE AND TO CONSIDER GRANTING TAX ABATEMENT AGREEMENTS THEREIN SHOULD ALL OF THE REQUIREMENTS OF BOTH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT AND THE GUIDELINES AND POLICIES ADOPTED BY COUNCIL BE SATISFIED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a) Consider Proposed Ordinance No. 060223-7, awarding the bid for the annual thermo pavement markings contract. ORDINANCE NO. 10,272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CRABTREE BARRICADE SYSTEMS, INC., FOR THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY-THREE THOUSAND ONE HUNDRED SEVEN AND 84/100 DOLLARS ($73,107.84); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b) Consider Proposed Ordinance No. 060223-8, authorizing an Interlocal Agreement with Barbers Hill ISD, Goose Creek ISD, City of Seabrook, and the City of Baytown for an auction to be held April 1, 2006. ORDINANCE NO. 10,273 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 AN INTERLOCAL AGREEMENT WITH BARBERS HILL INDEPENDENT SCHOOL DISTRICT, GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, AND THE CITY OF SEABROOK FOR A COOPERATIVE AUCTION TO BE HELD ON APRIL 1, 2006; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c) Consider Proposed Ordinance No. 060223-9, authorizing the purchase of Scott Air Pack equipment and parts through the Texas Local Government Purchasing Cooperative. Page 13 of 16 Minutes of the Regular Session – February 23, 2006 ORDINANCE NO. 10,274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-THREE THOUSAND FOUR HUNDRED FIFTY-SIX AND 90/100 DOLLARS ($53,456.90) TO DOOLEY TACKABERRY, INC., FOR THE PURCHASE OF SCOTT AIR PACK EQUIPMENT AND PARTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d) Consider Proposed Ordinance No. 060223-10, awarding the bid for the annual mowing, edging and trimming services contract. ORDINANCE NO. 10,275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BIDS OF GRANT SMITH MOWING, TRUGREEN LANDCARE, AND GROUNDSCAPES FOR THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED SEVENTY THOUSAND THREE HUNDRED SEVENTY-SIX AND NO/100 DOLLARS ($170,376.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e) Consider Proposed Ordinance No. 060223- 11, awarding the housing rehabilitation project located at 100 E. Gulf to UNOTEC Construction Company in the amount of $35,800. ORDINANCE NO. 10,276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 06-03 TO UNOTEC CONSTRUCTION COMPANY FOR THE SUM OF THIRTY-FIVE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($35,800.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f) Consider Proposed Ordinance No. 060223- 12, awarding the housing rehabilitation project located at 3208 Nebraska to UNOTEC Construction Company in the amount of $35,500. ORDINANCE NO. 10,277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 06-04 TO UNOTEC CONSTRUCTION COMPANY FOR THE SUM OF THIRTY-FIVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($35,500.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g) Request to approve Police Chief’s appointment of Jimmy Cook, retired Baytown Police Department Captain, to the City of Baytown Reserve Force. Page 14 of 16 Minutes of the Regular Session – February 23, 2006 h) Consider Proposed Resolution No. 060223-4 to submit VOCA Grant application for the year 2006-2007 to the Office of the Governor, Criminal Justice Division, VOCA Program. RESOLUTION NO. 1777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION FOR CONTINUED FUNDING OF THE VICTIMS OF CRIME ACT GRANT TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR THE 2006-2007 PERIOD; AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED FOUR THOUSAND FOUR HUNDRED TWENTY-ONE AND NO/100 DOLLARS ($4,421.00) AND AN IN-KIND MATCH NOT TO EXCEED TEN THOUSAND NINE HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($10,956.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i) Consider Proposed Resolution No. 060223- 5, authorizing the City Manager to apply for the Justice Assistance Grant from U.S. Department of Justice for 2006. RESOLUTION NO. 1778 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR FISCAL YEAR 2006 GRANT FUNDS FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM IN THE AMOUNT OF SIXTEEN THOUSAND SEVEN HUNDRED EIGHTY-NINE AND NO/100 DOLLARS ($16,789.00); 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. j) Consider Proposed Resolution No. 060223-6, authorizing City Manager Gary Jackson; Deputy City Manager Bob Leiper and Assistant City Manager Kelvin Knauf to execute a supply agreement with a retail electric provider. RESOLUTION NO. 1779 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPOINTING AUTHORIZED REPRESENTATIVES TO EXECUTE A SUPPLY AGREEMENT WITH A RETAIL ELECTRIC PROVIDER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 15 of 16 Minutes of the Regular Session – February 23, 2006 k) Consider approving plans and specifications and approving advertisement to take bids for the City Hall Expansion Project. Council Member Sheley moved to approve items 29a thru 29k as submitted. Council Member Murray seconded. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Consider Appointment of Kelly Benavides, Michael Marks, O’Shea Spencer and Andy Helms as Associate Municipal Court Judges for the remainder of the term which commenced on February 1, 2006, and ends on January 31, 2008. Mayor Mundinger brought to the attention of Council that Council Member Capetillo had submitted a “Conflict of Interest Affidavit”. Council Member Capetillo did not participate in this vote. With no other discussion, Council Member Mahan moved to approve the appointments as submitted. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Consider appointments to the Community Development Advisory Committee (1). With no appointments to consider, Council moved item to a future date. Consider confirmation of the Mayor’s appointment to the Parks and Recreation Advisory Board. Council Member Anderson moved to approve Mr. Billy Barnett as presented by Mayor Mundinger. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: None The motion carried. Page 16 of 16 Minutes of the Regular Session – February 23, 2006 City Manager’s Report.  Council Member Sheley appointed as President of AMCC City Manager Jackson congratulated Mr. Sheley on his appointment as did other Members of Council.  "Trash-off" on April 1 City Manager Jackson reviewed the event with Council and other upcoming similar event, Trash-Bash.  FY2006-FY2007 Budget Calendar City Manager Jackson pointed out the supplemental budget calendar included for their review. Adjourn. Council Member Capetillo moved that the meeting adjourn. Council Member Anderson 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 10:20 p.m. _______________________ Lorri Coody, City Clerk