2006 03 09 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 9, 2006
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on March 9, 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
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 Anderson 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 Regular Council Meeting held on February 23, 2006.
Approve corrected minutes for 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 Regular Council Meeting held February 23, 2006 and the corrected minutes
from the Regular Council Meeting held February 9, 2006. 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.
Page 2 of 10
Minutes of the Regular Session – March 9, 2006
Consider Proposed Ordinance No. 060309-1, authorizing the City Manager to execute a
contract for the City to be a “presenting co-sponsor” of the annual Bayou Bowl football game
and authorizing funding not to exceed $55,000 in accordance with the requirements for the use
of Hotel Occupancy Taxes for advertisement and promotion of Baytown during the annual
Bayou Bowl football game.
City Manager Jackson explained the proposed ordinance and that the passage of same would permit
the City to be a “present co-sponsor” of the annual Bayou Bowl Football game. Mayor Mundinger
commented on the benefits of the program.
With no further discussion Council Member Murray moved to approve the ordinance as presented.
Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray, Mahan and Sheley
Mayor Mundinger
Nays: None
The motion carried.
ORDINANCE NO. 10,280
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXECUTE A TOURISM-
RELATED ADVERTISING CONTRACT WITH THE BAYOU BOWL ASSOCIATION
ENABLING THE CITY TO BE A CO-PRESENTING SPONSOR OF THE BAYOU
BOWL; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED FIFTY-
FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00) FOR AUTHORIZED
EXPENDITURES PURSUANT TO CHAPTER 351 “MUNICIPAL HOTEL
OCCUPANCY TAXES” OF THE TEXAS TAX CODE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 060309-2, authorizing the Amendment to the Collective
Bargaining Agreement 2005-2007, with Baytown Professional Fire Fighters Union Local 1173,
concerning promotions and the 2006 and 2007 wage re-openers.
City Manager Jackson explained the ordinance and reviewed its various components. Staff’s hard-
work was acknowledged and Mayor Mundinger commented on what a positive bargaining table this
was and he expressed his pleasure in the outcome.
Council Member Mahan moved to approve the ordinance as presented. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray, Mahan and Sheley
Mayor Mundinger
Nays: None
Page 3 of 10
Minutes of the Regular Session – March 9, 2006
ORDINANCE NO. 10,281
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE AMENDMENT TO THE COLLECTIVE BARGAINING
AGREEMENT 2005–2007 BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Approve plans and specifications and authorize advertisement to take bids for the Lakewood
Sanitary Sewer Rehabilitation Project – Phase I.
City Manager Jackson reviewed the project and specifications with Council.
Council Member Anderson stepped away from the meeting.
With limited conversation Council Member Capetillo moved to approve the plans and specifications
as presented. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Capetillo, Murray, Mahan and Sheley
Mayor Mundinger
Nays: None
Council Member Anderson was not present and did not vote.
The motion carried.
Council Member Anderson returned to the meeting.
Consider Resolution No. 060309-1 designating the 2006 Long Neck Wildlife Festival as an event
under Chapter 118 “Signs,” Article III “Regulations,” Division 4 “Location,” Subdivision IV
“Off-Premises Signs,” Section 118-358 “New Signs” of the Code of Ordinances, Baytown,
Texas, for which off-premise signs may be placed on city property..
Tracy Roberts gave a brief presentation for the non-profit, outdoor festival. Ms. Roberts expressed
the wants and needs of the organization for this to be a successful event.
Council Member Capetillo moved to approve the resolution as presented. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray, Mahan and Sheley
Mayor Mundinger
Nays: None
The motion carried.
Page 4 of 10
Minutes of the Regular Session – March 9, 2006
RESOLUTION NO. 1780
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING THE 2006 LONG NECK WILDLIFE FESTIVAL AS A
CITY CO-SPONSORED EVENT FOR WHICH OFF-PREMISE SIGNS MAY BE
PLACED ON CITY PROPERTY PURSUANT TO CHAPTER 118 “SIGNS,”
ARTICLE III “REGULATIONS,” DIVISION 4 “LOCATION,” SUBDIVISION IV
“OFF-PREMISES SIGNS,” SECTION 118-358 “NEW SIGNS” OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF
THE REQUISITE APPLICATION; DESIGNATING PROPERTIES ON WHICH
SUCH SIGNS MAY BE PLACED CONTINGENT UPON THE FILING OF THE
REQUISITE APPLICATION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Resolution No. 060309-2, authorizing Notice of Intent to Issue Certificates
of Obligation in the amount of $19,700,000.
City Manager Jackson explained the proposed resolution and that the certificates would be used to
fund utility project work.
With limited conversation Council Member Anderson moved to approve the resolution as presented.
Council Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray, Mahan and Sheley
Mayor Mundinger
Nays: None
The motion carried.
RESOLUTION NO. 1781
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION; AND PROVIDING FOR THE EFFECTIVE
DATETHEREOF
Consider Proposed Ordinance No. 060309-3, Section 9 and Section 11 of Ordinance No. 10,262
passed by the City Council on February 9, 2006: to change the appointment of election officials
in precincts 102 and 532; to correctly name the location of precinct 414; and to amend the pay
for election judges working a joint election to comply with § 271.013 of the Election Code.
City Manager Jackson explained the ordinance to Council.
Council Member Mahan moved to approve the ordinance as presented. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray, Mahan and Sheley
Page 5 of 10
Minutes of the Regular Session – March 9, 2006
Mayor Mundinger
Nays: None
The motion carried.
ORDINANCE NO. 10,282
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING SECTIONS 9 AND 11 OF ORDINANCE NO. 10,262
PASSED BY THE CITY COUNCIL ON FEBRUARY 9, 2006, CONCERNING THE
NAMING OF ELECTION OFFICIALS, COMPENSATION OF ELECTION
OFFICIALS, AND LOCATION OF ONE POLLING PLACE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance 060309-4, calling a special municipal election to be held on the
th
13 day of May 2006, for the purpose of considering amendments to the Charter of the City of
Baytown as follows:
a) Changing the length of the term of the Mayor and City Council members.
b) Changing the method of filling vacancies on City Council.
c) Compliance with State Law regarding executive sessions.
d) Changing the number of signatures necessary for an Initiative petition.
e) Changing the number of signatures necessary for a Referendum petition.
f) Changing the number of signatures necessary to initiate a Recall Election.
g) Provides tools for interpreting the Charter and addresses gender, tense, and
grammatical issues.
City Manager Jackson explained the ordinance to Council and advised them that these issues and the
ballot language had been discussed in great detail at prior Council meetings. Council Member
Renteria went on the record to say he is opposed to item “a”. Mayor Mundinger stated that these
items will go before the voters and they will decide the outcome. Mayor Mundinger thanked Staff
and the Charter Review Committee for all of their hard work.
With no further discussion, Council Member Sheley moved to approve as presented. Council
Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray, Mahan and Sheley
Mayor Mundinger
Nays: None
The motion carried.
ORDINANCE NO. 10,283
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TH
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 13 DAY
OF MAY, 2006, FOR THE PURPOSES OF AMENDING ARTICLE II “THE
Page 6 of 10
Minutes of the Regular Session – March 9, 2006
COUNCIL,” SECTION 12 “NUMBER, SELECTION, TERM,” SECTION 16
“VACANCIES IN COUNCIL,” AND SECTION 25 “INDUCTION OF COUNCIL
INTO OFFICE; MEETINGS OF COUNCIL”; ARTICLE X “INITIATIVE,
REFERENDUM AND RECALL,” SECTION 97 “POWER OF INITIATIVE,”
SECTION 98 “POWER OF REFERENDUM,” AND SECTION 110 “RECALL
PETITIONS” OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS;
AMENDING ARTICLE XII “GENERAL PROVISIONS” OF THE CHARTER OF
THE CITY OF BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE
NUMBERED AND ENTITLED SECTION 140 “CONSTRUCTION OF
CHARTER”; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID
ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL
COUNTING STATION; PROVIDING FOR AN EARLY BALLOT BOARD FOR
EARLY BALLOTS; ESTABLISHING CERTAIN PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE MAILING, POSTING AND
PUBLICATION OF NOTICE.
Receive and discuss a legal report on the question of Council calling a referendum election to
adopt a smoking ordinance.
City Manager Jackson reviewed with Council the events of their last meeting in regards to this item.
He reviewed the Ordinance that was presented to them by the Baytown Citizens for Property Rights
outlining changes to the current Smoking Ordinance. Mr. Jackson explained that the citizens wished
to have their Ordinance placed on the May 13, 2006 ballot. Mr. Jackson turned the meeting over to
City Attorney Ramirez who reviewed the legal report with Council. He explained the Secretary of
State’s opinion pertaining to a San Antonio case on this same issue and stated that the Baytown issue
is the same. He explained that if a binding process by which to place an initiative petition on the
ballot exists, and such a process does in the City of Baytown, that process must be followed in order
that registered voters may vote on this issue. Council engaged in general conversation and directed
various questions to Staff, which Mr. Ramirez and Jackson addressed accordingly.
Mr. Jackson continued by explaining the sequence of events that would happen had there been a
properly executed petition.
After the explanation of the report, general discussion followed about the sequence of events and the
fact that no petition was submitted. City Attorney Ramirez explained that had a petition been
submitted and the Charter and Election Code regulations followed then in all probability the Initiative
could have gone to the voters on the May 13, 2006 ballot if all the time requirements had been met.
He went on to explain that at this point, Council has the option to change the Smoking Ordinance on
their own accord or once an Initiative Petition is filed and verified it can go before the voters in a
November election provided it is timely.
Discussion continued about the Ordinance presented by the Citizens group and that they had
presented it to Council stating it was the old “B” version of the Smoking Ordinance. City Attorney
Ramirez explained that his office did a comparison of the Citizens’ Ordinance to the old “B” version
as well as to the current Smoking Ordinance and that the presented Ordinance is very different from
both the old “B” version and the current Ordinance. He explained that the proposed Ordinance has
some inconsistencies that need to be addressed.
Page 7 of 10
Minutes of the Regular Session – March 9, 2006
With no further discussion, Mayor Mundinger moved to the next item on the agenda.
Consider Proposed Ordinance No. 060309-5, calling a May 13, 2006 special election for
amendments to the smoking ordinance as submitted by the Baytown Citizens for Property
Rights.
Mayor Mundinger called attention to the fact that Citizen James Haarmeyer had signed the sheet to
address Council on this agenda item and instructed Mr. Haarmeyer concerning the 3 minute rule.
Mr. Haarmeyer addressed the Council wanting to know where was all the legal advice when he was
promised that his Ordinance would be taken to the voters without having to file an initiative petition
and he asked the Mayor to make this happen.
Mayor Mundinger explained that when he spoke with Mr. Haarmeyer he was not aware of the legal
opinions and laws that prevent him from moving forward. Mayor Mundinger told Mr. Haarmeyer
that he no longer had the authority to do what he once believed he could do and in defense of Mr.
Ramirez, he was not privy to the conversations the Mayor had with Mr. Haarmeyer. Mr. Haarmeyer
concluded his comments.
City Manager Jackson explained that it would not be legal to proceed in this manner and put this on
the May 13, 2006 ballot. City Attorney Ramirez also recommended Council not move forward on
this, and voiced his concern. Council engaged in lengthy conversation on this item. City Attorney
Ramirez stated that if they did move forward, he is concerned that someone would seek a TRO to
challenge the election and it may in fact affect other items on ballot.
Council Member Anderson made a motion that based on legal opinion this item should not be placed
th
on the May 13 ballot. Council Member Murray seconded the motion. Before the vote Council gave
their various opinions and stated their concerns. The vote follows:
Ayes: Council Members Anderson, Capetillo, Murray, Mahan and Sheley
Mayor Mundinger
Nays: None
Abstain: Council Member Renteria
The motion carried.
With no further discussions, Mayor Mundinger moved to the next item on the agenda.
Consent Agenda.
a. Consider Proposed Ordinance No.060309-6, approving a contract with Coca-Cola to
provide 8 scoreboards including wireless controllers for the Wayne Gray Sports
Complex in exchange for the exclusive beverage sales at the Sports Complex
concession stands.
b. Consider Proposed Ordinance No. 060309-7, authorizing the City Manager to
negotiate and execute an “Ambulance Stand-by Service Agreement” with the
Superintendent of Goose Creek Consolidated Independent School District.
Page 8 of 10
Minutes of the Regular Session – March 9, 2006
c. Consider Proposed Ordinance No. 060309-8, granting a temporary construction
easement to Harris County for the Raccoon Road Roadway Project.
d. Consider Proposed Ordinance No. 060309-9, authorizing a Joint Election Agreement
with the Baytown Crime Control and Prevention District (CCPD) and the Baytown
Fire Control, Prevention, Emergency Medical Service District (FCPEMSD).
City Manager Jackson explained that item “a.” was not ready and therefore removed from
consideration.
Council Member Sheley moved to approve items “b thru d” as submitted. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray, Mahan and Sheley
Mayor Mundinger
Nays: None
The motion carried.
ORDINANCE NO. 10,284
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AMBULANCE STANDBY AGREEMENT WITH THE GOOSE
CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR VARSITY
HIGH SCHOOL HOME FOOTBALL GAMES AT STALLWORTH STADIUM;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,285
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING A TEMPORARY CONSTRUCTION EASEMENT TO HARRIS COUNTY
FOR THE RACCOON ROAD RECONSTRUCTION PROJECT; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,286
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A JOINT ELECTION AGREEMENT WITH THE
BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT AND THE
BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL
SERVICES DISTRICT FOR THE ELECTIONS TO BE HELD ON THE 13TH DAY
OF MAY, 2006; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 9 of 10
Minutes of the Regular Session – March 9, 2006
Discuss Baytown Redevelopment Advisory Commission.
The Mayor opened discussion of this item by stating that information presented in the Council packet
concerning the charge, duties and functions were appropriate for this Commission. He continued by
reviewing with Council the two options presented concerning the Commissions’ purpose and
considerations. Mayor Mundinger would like to see the two options combined, meaning the
Commission would place its initial focus on the areas of Texas Avenue, Market Street and Alexander
Drive, while being open to considering of other economically challenged areas. He suggested that
the new Commission be comprised of eleven members, seven members appointed by each member of
the Council and 4 additional members being appointed by one each of the following organizations:
Baytown Chamber of Commerce, Hispanic Chamber of Commerce, Baytown/West Chambers
Economic Development Foundation and the Baytown Downtown Association.
Council Member Murray feels this Commission will need serious staff support. Council engaged in
general conversation regarding the number of times per month the commission should meet, monies
marked for training and conferences. Council feels strongly that the individuals appointed to this
commission must make a commitment. With additional discussion needed, Council moved to the
next item on the agenda.
Consider appointments to the Community Development Advisory Committee (1).
Council Member Sheley recommended Ms. Donna Summersill for this at-large appointment and
provided general information. Ms. Summersill is retired and through family ties has a political
background.
With limited discussion Council Member Sheley moved to approve the appointment. Council
Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray, Mahan and Sheley
Mayor Mundinger
Nays: None
The motion carried.
Consider appointments to the Beautification Advisory Commission (3).
Council Member Anderson moved to approve the appointment of Fran Parent to this Commission for
his District to fill the remainder of George Chandler’s two-year term which will expire on September
30, 2007. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray, Mahan and Sheley
Mayor Mundinger
Nays: None
The motion carried.
Page 10 of 10
Minutes of the Regular Session – March 9, 2006
Consider City Manager’s reappointments to the Library Board (2).
City Manager Jackson presented Steffani Box and Ruben Linares as reappointments to the Library
Board. He explained that they have both been active and involved members, and each has expressed
an interest in continuing on the board for another two-year term.
Council Member Anderson moved to approve the reappointments as presented. Council Member
Mahan seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray, Mahan and Sheley
Mayor Mundinger
Nays: None
The motion carried.
City Manager’s Report.
DOT scales.
Library closing for rearrangement.
Report from the Governor’s Task Force on Evacuation, Transportation and
Logistics.
Year-end Review for 2005.
City Manager Jackson reviewed the items on the report with Council, bringing their attention to
specific memos and supplemental items in their packet.
Adjourn.
Council Member Anderson made a motion for the meeting to adjourn. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Murray, Mahan and Sheley
Mayor Mundinger
Nays: None
The motion carried.
With no additional business the meeting adjourned at 7:45 p.m.
_______________________
Lorri Coody, City Clerk