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2006 08 10 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 10, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on August 10, 2006, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Brandon Capetillo Council Member Lynn A. Caskey, II Council Member Sammy Mahan Council Member Don Murray Council Member Scott Sheley Council Member Stephen H. DonCarlos Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk Council member Renteria was absent. The meeting was opened with a quorum present. Mayor DonCarlos recognized and introduced a former City official, Council Member Anderson. Consider approval of the minutes for the Regular Session Meeting held on July 27, 2006 and the Work Session Meeting held on July 27, 2006. Council Member Sheley moved to approve the minutes. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. Mayor DonCarlos then called the following items out of order (items 13, 14, 20 and 18) Consider Proposed Ordinance No. 060810-5, authorizing the assignment of Sun Chemical Corporation’s Industrial District Agreement to Reclamation Solution Services, LLC. City Manager Jackson explained that the proposed ordinance authorizes the assignment of Sun Chemical Corporation’s Industrial District Agreement to Reclamation Solution Services, LLC. The City Council authorized an Industrial District Agreement with Sun Chemical Corporation on Page 2 of 17 Minutes of the Regular Session Meeting—August 10, 2006 November 13, 2003. Thereafter, on March 31, 2006, Reclamation Solution Services acquired certain assets of Sun Chemical Corporation, which assets included Sun Chemical Corporation’ facility that is the subject of the Industrial District Agreement. The Industrial District Agreement provides that the agreement cannot be assigned without the prior written consent of the City; therefore, Reclamation Solution Services has asked the City to approve the assignment of the agreement. In consideration of approval of the assignment, Reclamation Solution Services agrees as follows:  The City has the right to collect any underpayment of Industrial District Payments from Reclamation Solution Services;  The City has the right to pursue and/or resolve with Reclamation Solution Services any and all outstanding matters under the agreement with Reclamation Solution Services;  The City has the right to require strict compliance with any and all terms of the agreement;  Reclamation Solution Services shall assume all obligations and liabilities under the agreement;  Reclamation Solution Services shall not contest the City’s authority to impose these additional conditions on the consent granted. Seeing no difficulties approval was recommended. With limited discussion, Council Member Sheley moved to approve the Ordinance as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,379 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE ASSIGNMENT OF SUN CHEMICAL CORPORATION’S INDUSTRIAL DISTRICT AGREEMENT TO RECLAMATION SOLUTION SERVICES, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060810-6, authorizing an Industrial District Agreement with Security Truck Service, LLC. City Manager Jackson explained that the proposed ordinance authorizes an Industrial District Agreement with Security Truck Service, LLC, for a seven-year period. The first payment pursuant to this agreement will be for the tax year 2006. The base year value is $131,210. The agreement is in conformity with the policies adopted by the City Council for companies, which did not have an industrial district agreement in effect on July 26, 2003, in the City’s industrial Page 3 of 17 Minutes of the Regular Session Meeting—August 10, 2006 districts. This is a new trucking service located in Cedar Crossing. With limited discussion, Council Member Sheley moved to approve the Ordinance as presented. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,380 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH SECURITY TRUCK SERVICE, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Receive update on the Raccoon Drive Reconstruction Project. City Manager Jackson explained that the City entered into an inter-local agreement with Harris County for the Raccoon Drive Reconstruction Project. In accordance with this agreement, a preliminary engineering report was done which identified costs shared by the City and the County. City Manager Jackson went over these costs with the Council in addition to the bid tabulation information received from Harris County from the bids recently received for this project. March 2006 estimated cost to the City was $3,246,000. However actual costs for the City after the bids received by Harris County are $3,126,771. The agreement states that if the bids were received within the estimated amount, payment by the City must be remitted to the County within thirty (30) days. Deputy City Manager Leiper will host a community meeting at Stephen F. Austin Elementary, August 29, 2006, 6:30 p.m. to inform the public about this project. Discuss and take appropriate action on the selection of streets for Work Order Four in the Street Maintenance Sales Tax Mill and Overlay Program. City Manager Jackson explained that there is only one change on the previous selection of streets presented to Council covered by work order four in the Street Maintenance Sales Tax Mill and Overlay Program. It will occur is District 5 because of the school area involves more linear feet. The main drive to Cedar Bayou School will be done all at one time instead of breaking it into two pieces. Council Member Sheley moved to approve the list as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, and Sheley Mayor DonCarlos Page 4 of 17 Minutes of the Regular Session Meeting—August 10, 2006 Nays: None The motion carried. Mayor DonCarlos returned to the item 2 on the agenda. Conduct a public hearing regarding an amendment of the 2005-06 City of Baytown Water & Sewer Budget (6:40 p.m.). Mayor DonCarlos opened the public hearing at 6:40 p.m. City Manager Jackson explained that the 2005-06 budget, as originally adopted by City Council on September 22, 2005 totaled $23,229,611. Because of increases in the cost of maintenance, fuel and electricity, the water and sewer fund is estimated to exceed the original budget appropriation by approximately $223,000. It is necessary to amend the original budget by increasing total expenditures to $23,452,260. There is a sufficient increase in estimated revenues over budgeted revenues (approximately $750,000) to cover the expenditure overruns. After reviewing the item and there being no one signed up to speak, Mayor DonCarlos closed the public hearing at 6:43 p.m. Consider Proposed Ordinance No. 060810-1, amending the 2005-06 City of Baytown Water & Sewer Budget. Mayor DonCarlos called for a motion to amend the Water and Sewer Budget. Council Member Murray moved to approve the Ordinance as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,381 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CITY OF BAYTOWN’S FISCAL YEAR 2005-2006 BUDGET TO AUTHORIZE ADDITIONAL EXPENDITURES IN THE WATER AND SEWER FUND TO MEET AN EMERGENCY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos moved to item 5. Page 5 of 17 Minutes of the Regular Session Meeting—August 10, 2006 Receive presentation from Houston Raceway Park concerning a complementary City of Baytown Employee Appreciation Night at the Races on Saturday, August 19, 2006. Mr. Krishfield of Houston Raceway Park invited all City employees and their families for dinner and a night at the races on Saturday, August 19, 2006. He commented that he is proud to be able to give back to the community. Mayor DonCarlos expressed appreciation for the invitation. Fern Davis, Houston Raceway Park, Bobby Messengil and Council Member Mahan will cook for the occasion. City Manager Jackson announced that 750 tickets have been requested. Mayor DonCarlos returned to item 4. Citizen Communication: Mr. Glenn Lee has requested to address Council concerning the extension of repair agreement, Taft Circle Apartments, 2300 Taft Circle, Baytown, Texas. Mr. Lee addressed Council reporting that in April he had made a short term commercial loan on the Taft Circle Apartments, thinking he had good collateral. There was a first mortgage and permit in place. However, since a payment was never received, the property was foreclosed on August 1, 2006. He announced that he has received a letter of intent for purchase of the property and is requesting Council for an extension of the existing repair agreement. Discussion ensued concerning the current ownership and title of the property. Mr. Lee explained that CinAnn, LLC owns the property and has the financial backing to see that the property is sold to a buyer that can properly refurbish the property. Mr. Lee assured Council that neither he nor his firm has had any affiliation with the prior property owner of this property. Council agreed that the promises Mr. Lee has made (i.e., security fence and securing buildings) on this property be done before the Council can make a decision. Ms. Dennis Hein addressed Council and requested that Council find a resolution to this problem as soon as possible. She lives in the neighborhood and is tired of the promises. Mayor DonCarlos called item 19 as follows: Discuss and take appropriate action regarding the Taft Circle apartments. Mayor DonCarlos asked the City Manager to explain to Council the process for the $100,000 bond placed by Mr. Rood once the cure period on his contract expires. City Manager Jackson explained that the $50,000 deposits originally made by Woodbridge Properties, LLC and A&K Investments, Inc. were transferred in the purchase to Mr. Rood and when the 15 day cure period expires on August 12, 2006 the funds ($100,000), according to the contract, are forfeited to the City of Baytown. Mayor DonCarlos proposed that the asbestos survey be initiated and bids solicited for demolition of Taft Circle Apartments and that these expenses be paid out of the $100,000 bond monies. He went on to recommend that should Mr. Lee present a purchaser to Council then the new purchaser could be dealt with regarding reconstruction and clean up. Discussion was had concerning this proposal, or perhaps waiting to do the survey and making the new purchaser Page 6 of 17 Minutes of the Regular Session Meeting—August 10, 2006 responsible for the cost of the asbestos survey. Several ideas were explored with Council reaching an agreement to move forward with the Mayor’s proposal. City Manager Jackson recommended that should the property be purchased, the new owner meet with staff and advise staff of when each phase of this project will be completed. Mayor DonCarlos clarified his recommendation: Deny request of extension on the current agreement allowing it to expire, authorizing administration to go forward with asbestos survey using forfeited funds and soliciting bids for demolition. Council member Mahan moved to approve the Mayor’s recommendation. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Mayor DonCarlos moved back to item No. 6. Receive certification of sufficiency regarding the proposed initiative ordinance, which prohibits smoking within the City of Baytown in all enclosed public places and places of employment and within 15 feet of their entrances and which prohibits smoking in the seating areas of all outdoor arenas, stadiums and amphitheaters, and read the proposed initiative ordinance. City Manager Jackson explained that the City Clerk delivered a certification of sufficiency of the petition submitted by the citizens and a reading of the ordinance pursuant to the charter. The ordinance was received and read aloud in its entirety. The City Clerk certified that the petition was filed and sufficient. Discuss the proposed initiative ordinance, which prohibits smoking within the City of Baytown in all enclosed public places and places of employment and within 15 feet of their entrances and which prohibits smoking in the seating areas of all outdoor arenas, stadiums and amphitheaters. James Harmeyer furnished the current and proposed ordinance with highlighted items that might create difficulty if this ordinance were passed. He explained to Council that the opposition has stated that these ordinances are identical. Mr. Harmeyer asked Council to refer to his presented Page 7 of 17 Minutes of the Regular Session Meeting—August 10, 2006 document for support that the ordinances are not identical and he reviewed the document with Council. Mr. Carl Bach addressed Council voicing his opposition to the passing of the new ordinance, stating that it is unfair to small businesses that have spent money to meet the current ordinance restrictions. He asked that the current ordinance remain in effect. Mr. Tom Kinkaid passed. Mitchell Pierce spoke in opposition of passage of the proposed ordinance stating that it is too restrictive. Mr. Gus Dunn – Left the meeting and did not speak. Jack Adcock – Passed Dr. Ackelman spoke in favor of the proposed ordinance. Mayor DonCarlos asked if the voters pass the ordinance as submitted could changes be made to the Ordinance after the election. The City Attorney stated that per the charter Council can change or amend the ordinance as it does with any other ordinance. Council engaged in further discussion concerning the ordinance such as should the ordinance be amended to fix problems with it prior to taking it to the voters or after taking it to the voters, the issue of second hand smoke, and other issues surrounding the ordinance. It was the general consensus of Council that the voters should decide the issue. Recessed at 8:10 p.m. Reconvened 8:21 p.m. Consider Proposed Ordinance No. 060810-2, setting the date and place for a public hearing upon the proposed initiative ordinance, which prohibits smoking within the City of Baytown in all enclosed public places and places of employment and within 15 feet of their entrances and which prohibits smoking in the seating areas of all outdoor arenas, stadiums and amphitheaters. City Manger Jackson recommended that the hearing be held on Thursday, August 24, 2006, in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas during the regular meeting of the City Council, which starts at 6:30 p.m. Council Member Capetillo moved to approve the ordinance as presented. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, and Sheley Page 8 of 17 Minutes of the Regular Session Meeting—August 10, 2006 Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,382 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED INITIATIVE ORDINANCE WHICH PROHIBITS SMOKING WITHIN THE CITY OF BAYTOWN IN ALL ENCLOSED PUBLIC PLACES AND PLACES OF EMPLOYMENT AND WITHIN 15 FEET OF THEIR ENTRANCES AND WHICH PROHIBITS SMOKING IN THE SEATING AREAS OF ALL OUTDOOR ARENAS, STADIUMS AND AMPHITHEATERS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Conduct a public hearing regarding the fiscal year 2006-07 budget adopted by the Board of Directors of the Baytown Crime Control and Prevention District (CCPD) and submitted to the City Council. Mayor DonCarlos opened the public hearing at 8:40 p.m. City Manager Jackson explained that budget approved by the CCPD Board differs from the two year budget plan adopted by City Council as follows:  Revenue estimates are increased to reflect current sales tax revenue forecasts of $802,950;  The reimbursement of City of Baytown expenses for the District creation is added; and  The Crime Control Plan which includes the hiring of additional police officers is updated from 10 patrol officers to 14 patrol officers and from two police vehicles to five to reflect the increase in revenue. He gave a brief overview of the budget presented. After review of the item and with no one signed up to speak, Mayor DonCarlos closed the public hearing at 8:43 p.m. Consider Proposed Ordinance No. 060810-3, approving the 2006-07 Baytown Crime Control and Prevention District Budget. Council Member Sheley reported that the CCPD Board was concerned with the distribution of the officers as to how many should be allotted for hot spot areas in the City and how many should be allotted for DOT work. Sheley also reported additional concerns of the Board about hiring 14 officers in this budget year and the possibility that the sales taxes may decrease, leaving the District with too many officers to support. Discussion was had about on going expenses for administrative staff and how these expenses are paid. City Manager Jackson explained that it should have been included in the two year plan and Page 9 of 17 Minutes of the Regular Session Meeting—August 10, 2006 was not. Council Member Murray recommended on-going staff support. City Manager Jackson stated an inter local agreement would be presented to the Board at the next meeting of the CCPD. Council thanked Ms. Wheeler and the remaining Board Members for putting the budget together is such a short time frame. With no further discussion, Council Member Sheley moved to approve the ordinance as presented. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,383 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2006-07 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Conduct a public hearing regarding the fiscal year 2006-07 budget adopted by the Board of Directors of the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD) and submitted to the City Council. Mayor DonCarlos opened the public hearing at 8:55 p.m. City Manager Jackson explained that budget approved by the FCPEMSD Board differs from the two year budget plan adopted by City Council as follows:  Revenue estimates are increased to reflect current sales tax revenue forecasts of 802,950;  The reimbursement of City of Baytown expenses for the District creation is added; and  The expenditures listed in the two year plan have been updated to reflect equipment and personnel costs. He gave a brief overview of the budget presented. After review of the item and with no one signed up to speak, Mayor DonCarlos closed the public hearing at 8:56 p.m. Consider Proposed Ordinance No. 060810-4, approving the 2006-07 Baytown Fire Control, Prevention and Emergency Medical Services District Budget. Council Member Murray recommended on-going staff support for this district as well. City Manager Jackson stated that an inter local agreement would be presented to the Board at the next meeting of the FCPEMSD. Page 10 of 17 Minutes of the Regular Session Meeting—August 10, 2006 Council thanked the Board Members for putting the budget together is such a short time frame. Council Member Caskey moved to approve the ordinance as presented. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,384 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2006-07 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Recess into and conduct an executive session pursuant to Government Code, Section 551.071, to seek the City Attorney’s advice regarding contemplated litigation arising out of the design and construction of the Emergency Operations Center Project of the Police Academy and Emergency Operations Center contract. Mayor DonCarlos announced at 9:10 p.m. that Council would recess into a closed session under Sub Chapter D Government Code 551.071, attorney consultation. Mayor DonCarlos re-convened the regular meeting at 9:55 p.m. and announced that no action was taken in executive session. Consider Proposed Ordinance No. 060727-7, authorizing the City Manager to negotiate and execute an engagement letter for the legal services to be provided by Chamberlain, Hrdlicka, White, Williams & Martin concerning the design and construction of the Baytown Emergency Operations Center Project of the Police Academy and Emergency Operations Center contract. City Manager Jackson recommended authorizing that the law firm continue its activities. He confirmed that the law firm is sending the City detailed/itemized statements for what the law firm is doing and the fee the firm is charging for each service. Council Member Mahan moved to approve the ordinance as presented. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, and Sheley Mayor DonCarlos Page 11 of 17 Minutes of the Regular Session Meeting—August 10, 2006 Nays: None The motion carried. ORDINANCE NO. 10,388 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ENGAGEMENT LETTER WITH CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & MARTIN FOR ADDITIONAL LEGAL SERVICES CONCERNING THE DESIGN AND CONSTRUCTION OF THE BAYTOWN EMERGENCY OPERATIONS CENTER AND POLICE ACADEMY; AUTHORIZING PAYMENT IN AN AMOUNT NO TO EXCEED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060810-8, awarding a contract amendment for professional services with de Oplossing, Inc. for construction management services on the Emergency Operations Center Project of the Police Academy and Emergency Operations Center contract. City Manager Jackson explained that the proposed ordinance awards a contract amendment for professional services with de Oplossing, Inc. increasing the contract amount by $17,575 for construction management services on the Emergency Operations Center (EOC) Project of the Police Academy and Emergency Operations Center contract. The original contract amount was $49,875, which included $2,375 in reimbursables and $47,500 in basic services. The first contract amendment increased the contract amount by $10,768 to $60,643. The second contract amendment increased the contract amount by $32,917 to $93,560. The third contract amendment will increase the contract amount to $111,135. This third contract amendment is necessitated due to the issues that have arisen in the design and/or construction of the EOC. Pursuant to this amendment, de Opplossing, Inc., will continue to provide quality assurance and quality control during the construction. The scope of work continues to include construction inspection and surveillance to ensure compliance with the plans and specifications. It also includes implementation of project controls such as review of pay requests and documentation of project progress. de Opplossing, Inc. has also performed change order reviews and, under the amended contract, will provide certain pre-litigation services. This project is being funded through a Federal Grant as well as the General CIPF. Council Member Capetillo moved to approve the ordinance as presented. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None Page 12 of 17 Minutes of the Regular Session Meeting—August 10, 2006 The motion carried. ORDINANCE NO. 10,389 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 THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DE OPLOSSING, INC., FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF THE EMERGENCY OPERATIONS CENTER; AUTHORIZING ADDITIONAL FUNDS IN AN AMOUNT NOT TO EXCEED SEVENTEEN THOUSAND FIVE HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($17,575.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a. Consider Proposed Ordinance No. 060810-9, awarding the annual installation and repair of traffic signal equipment contract to Southwest Signal Supply, Inc., in the amount of $114,000. b. Consider Proposed Ordinance No. 060810-10, awarding the purchase of Colt rifles for the City of Baytown Police Department in the amount of $26,790. c. Consider Proposed Ordinance No. 060810-11, awarding the purchase of one (1) John Deere 650J LGP Crawler Dozer from Rush Equipment Center, Houston, in the amount of $132,995 through H-GAC. d. Consider Proposed Resolution No. 060810-1 approving the installation of a traffic signal at Interstate 10 and Thompson Road by the Texas Department of Transportation. e. Consider Proposed Resolution No. 060810-2, cancelling the regular City Council meeting scheduled for October 26, 2006, and calling a special City Council meeting for Tuesday, October 24, 2006, at 6:30 p.m. Council Member Sheley moved to approve the consent agenda items a-e. Council Member Mahan seconded the motion. The following discussions were had. Council Member Murray asked why the rifles in item b could not be purchased out of the CCPD funds. City Manager Jackson explained that they will be purchased from seized funds. Mayor DonCarlos announced that he would not be able to meet on October 24, 2006 as requested in item e. He asked if the meeting could be re-scheduled to Monday, October 23, 2006. Page 13 of 17 Minutes of the Regular Session Meeting—August 10, 2006 Council Member Sheley amended his motion to change item e recommending that the Council meeting scheduled for Thursday, October 26, 2006, be rescheduled to Monday, October 23, 2006, and begin at 6:30 p.m. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,385 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF SOUTHWEST SIGNAL SUPPLY, INC., FOR THE ANNUAL INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FOURTEEN THOUSAND AND NO/100 DOLLARS ($114,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF AMCHAR WHOLESALE, INC., FOR THE PURCHASE OF COLT RIFLES FOR THE BAYTOWN POLICE DEPARTMENT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-SIX THOUSAND SEVEN HUNDRED NINETY AND NO/100 DOLLARS ($26,790.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,387 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY-TWO THOUSAND NINE HUNDRED NINETY-FIVE AND NO/100 DOLLARS ($132,995.00) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) JOHN DEERE 650J LGP CRAWLER DOZER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1808 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE INSTALLATION OF A TRAFFIC SIGNAL AT INTERSTATE 10 AND THOMPSON ROAD BY THE Page 14 of 17 Minutes of the Regular Session Meeting—August 10, 2006 TEXAS DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON OCTOBER 23, 2006, AT 6:30 P. M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON OCTOBER 26, 2006, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider and confirm appointments to the Youth Advisory Commission. Ms. Gina Rivon reported that there were 35 applications received with 11 carry over members. She presented Council with a list of approved applicants. She reported that the first meeting of the Commission will be September 18, 2006. Council Member Capetillo moved to approve the appointments as presented. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Consider appointments to the Beautification Advisory Commission (2). Mayor DonCarlos nominated Ms. Jackie Harris as his appointment to the board. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Consider appointments to the Construction Board of Adjustments and Appeals (2). Council Member Murray moved to appoint J. Stephen (Steve) Carroll to the Board. He is a retired Exxon Engineer, but is not registered so he is being placed for the at-large position. Council Member Caskey seconded the motion. The vote follows: Page 15 of 17 Minutes of the Regular Session Meeting—August 10, 2006 Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Consider appointment to the Baytown Reinvestment Zone Number One Board and the Baytown Redevelopment Authority Board (1). Council Member Sheley moved to nominate Chris Presley to serve on the Baytown Reinvestment Zone Number One Board and Baytown Redevelopment Authority Board. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Consider the appointment of the Chairman of Reinvestment Zone Number One, City of Baytown and the Baytown Redevelopment Authority Board. Mayor DonCarlos reported that Council Member Don Murray has served since 2001 as Chairman and asked Council Member Murray if he would consider continuing to serve. Council Member Murray accepted re-appointment. Council Member Sheley moved to approve the re-appointment. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Consider appointments to the Baytown Area Water Authority Board (2). Mayor DonCarlos announced that Peter Buenz and Knox Beaver have expressed they would like to continue serving on this Board. Council Member Caskey moved to re-appoint Peter Buenz and Knox Beaver to the Baytown Page 16 of 17 Minutes of the Regular Session Meeting—August 10, 2006 Area Water Authority Board. Council Member Sheley seconded the motion. The vote follows; Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Consider appointments to the Parks and Recreation Board (3). Mayor DonCarlos announced that Billy Barnett, Carmen Torres and Tony Fama have expressed their desire to remain on the Board. Council Member Capetillo moved to re-appoint the board members. Council Member Caskey seconded the motion. Council Member Sheley stated that he has not had the opportunity to speak with Mr. Fama or Ms. Torres. Council Member Sheley moved to table the re-appointment of Mr. Fama and Ms. Torres. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Council Member Capetillo moved for the re-appointment of Bill Barnett. Council member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. City Manager’s Report There was no report. Page 17 of 17 Minutes of the Regular Session Meeting—August 10, 2006 Adjourn. Council Member Capetillo moved to adjourn the meeting. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 9:58 p.m. ______________________________ Lorri Coody, City Clerk