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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