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2006 12 14 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 14, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in special session on December 14, 2006, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Brandon Capetillo Council Member Sammy Mahan Council Member Lynn Caskey Council Member Don Murray Council Member Mercedes Renteria III 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 Lynn Caskey was not present when this meeting was called to order by Mayor DonCarlos with a quorum present. Consider approval of the minutes for the Special Session Meeting and the Work Session Meeting held on November 20, 2006 and the Special Session Meeting held on December 1, 2006. Council Member Mahan moved to approve the minutes as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None Abstained: Council Member Renteria The motion carried. Receive and Discuss a Report from Cedar Bayou Intermodal Transportation Task Force. Mayor DonCarlos invited Taskforce Chairperson Calvin Mundinger to give the report from Cedar Bayou Intermodal Transportation Task Force. Mr. Mundinger gave a power point presentation covering the following points: • Rationale for Change • Taskforce Charter Page 2 of 18 Minutes of the Regular Session Meeting— December 14, 2006 • Activities to Date • Path Forward Mr. Mundinger gave background information concerning Cedar Bayou Intermodal Transportation Task Force. The Task Force was chartered in June 2006, sponsored by Baytown- West Chambers County Economic Development Foundation and comprised of representatives from Baytown, Chambers County, Harris County Precinct 2, Port of Houston, Cedar Bayou Navigation District and Chambers-Liberty Navigation District. The goal of the Task Force is to define, design and implement organizational and jurisdictional framework(s) that provide for judicious and comprehensive stewardship of the development and management of inter-modal transportation projects along the navigable portion of Cedar Bayou and associated upland areas in a way that sustains a balance between economic development, community development and quality of life. Mr. Mundinger stated the Task Force has met with stakeholders to discuss regional mobility. The Task Force researched regional mobility and a navigational district to determine if the two could successfully co-exist. Different methods were reviewed to determine the best path to meet the goals and objectives. The options explored were to form an RMA; take features of an RMA to create a “hybrid; or enhance the authority of the Cedar Bayou Navigation District. Mr. Mundinger also discussed the impact if no action was taken to manage inter-modal transportation projects. He stated that the Task Force is recommending that the Cedar Bayou Navigation District be expanded to create the Greater Cedar Bayou Navigation and Transportation Authority. There are still issues to be worked out and a draft Charter and recommendations will be available in January 2007. Discussion was had about the need for a management body and the ability to have authority over Cedar Bayou or the Ship Channel. Council also engaged in discussion about workforce mobility and public mobility. Council Member Caskey joined the meeting at 6:45 p.m. Consider Proposed Ordinance No. 061214-1, the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as 2.8730 acre tract (123,151 square feet) of the George C, Davis Survey, A-1472 Baytown, Harris County, Texas and being all of three separate tracts of land with Tract 1 being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19 Highland Farms, and Tract 3 as TR 13G BLK19 Highland Farms. City Manager Jackson explained that the proposed ordinance is the first reading of the ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 2.8730 acre tract (123,151 square feet) out of the George C, Davis Survey, A-1472 Baytown, Harris County, Texas and being all of three separate tracts of land with Tract 1 being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19 Highland Farms, and Tract 3 as TR 13G BLK19 Highland Farms. This 2.8730 acre tract of land is one- half mile or less in width; is contiguous to the city limits of Baytown; is vacant and without residents and will be used for the construction of a Value Place Hotel. The property is located on the south side of I-10 and to the east of Garth Road. City Council conducted the first and second Page 3 of 18 Minutes of the Regular Session Meeting— December 14, 2006 public hearings for this annexation on the 9th day of November, 2006 with said notice being published in the October 30, 2006 issue of the Baytown Sun and posted on the City of Baytown’s website on October 27, 2006. Council Member Mahan moved to approve the ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,501 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 2.8730 ACRE TRACT (123,151 SQUARE FEET) OF THE GEORGE C. DAVIS SURVEY, A-1472, BAYTOWN, HARRIS COUNTY, TEXAS, AND BEING ALL OF THREE SEPARATE TRACTS OF LAND WITH TRACT 1 BEING DESCRIBED AS TR 13H BLK 19 HIGHLAND FARMS, TRACT 2 AS TR 13E BLK 19 HIGHLAND FARMS, AND TRACT 3 AS TR 13G BLK 19, HIGHLAND FARMS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Mayor DonCarlos suggested items 4 and 5 be considered together. Consider Proposed Ordinance No. 061214-2, approving an interlocal agreement with the Municipal Development District for expenditures for the construction of a skate facility at Jenkins Park from the 2006 -2007 MDD budget contingency line item. City Manager Jackson explained that the proposed ordinance approves an interlocal agreement with the Municipal Development District for expenditures of up to $172,000 for the construction of a skate facility at Jenkins Park from the 2006 -2007 MDD budget contingency line item. The Parks and Recreation Advisory Board reviewed and recommended the project at their December 6, 2006 meeting. Consider Proposed Ordinance No. 061214-3, approving the purchase of Skate Park equipment for the Jenkins Park Skate Park through the Texas Local Government Purchasing Cooperative (Buy Board) from Total Recreation Products, Inc., representing Spohn Ranch, Inc. Skate Equipment. City Manager Jackson explained that the proposed ordinance approves the purchase of Skate Park equipment for the Jenkins Park Skate Park through the Texas Local Government Purchasing Cooperative (Buy Board) from Total Recreation Products, Inc., representing Spohn Ranch, Inc. Skate Equipment in the amount of $149,993.33. At the October 12, 2006 City Council meeting, a citizen requested council to build a skate park in Baytown. Since then, staff has researched sites and equipment in an effort to find the perfect site for the proposed facility. Page 4 of 18 Minutes of the Regular Session Meeting— December 14, 2006 At W. L. Jenkins Park, the city owned an underutilized lighted tennis court with adequate parking available, that could be transformed into a skate facility. Using the old tennis court slab would also save the city several thousand dollars in construction cost. Commissioner Sylvia Garcia has agreed to reimburse the city for ½ of the cost of the skate equipment up to $75,000. The reimbursed funds will be deposited back into the MDD contingency account. The city’s portion of the project will be $97,000. Council Member Caskey moved to approve Ordinance No. 061214-2 and Ordinance No. 061214-3 as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,502 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 AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE CONSTRUCTION OF A SKATE FACILITY AT JENKINS PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,503 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY-NINE THOUSAND NINE HUNDRED NINETY-THREE AND 33/100 DOLLARS ($149,993.33) TO TOTAL RECREATION PRODUCTS, INC., FOR THE PURCHASE OF SKATE PARK EQUIPMENT FOR A SKATE FACILITY AT JENKINS PARK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061214-4, approving the purchase of 10.625 acres of land from the Communities Foundation of Texas for the Goose Creek Stream Greenbelt and approving the interlocal agreement with the Municipal Development District for expenditures for the purchase of 10.625 acres of land located adjacent to Goose Creek Stream and West Texas Avenue. City Manager Jackson explained that the proposed ordinance approves the purchase of 10.625 acres of land from the Communities Foundation of Texas CFT) for the Goose Creek Stream Greenbelt for $38,908.48 and approves the interlocal agreement with the Municipal Development District for expenditures of up to $38,908.48 for the purchase of 10.625 acres of land located adjacent to Goose Creek Stream and West Texas Avenue. Mr. Jackson also stated that the Goose Creek Stream Development Committee recommends approval. Council Member Sheley moved to approve the ordinance as submitted. Council Member Page 5 of 18 Minutes of the Regular Session Meeting— December 14, 2006 Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,504 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 AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE PURCHASE OF 10.625 ACRES OF LAND LOCATED ADJACENT TO GOOSE CREEK STREAM AND WEST TEXAS AVENUE FROM CFTR-12, INC.; AUTHORIZING EXPENDITURE OF AN AMOUNT NOT TO EXCEED THIRTY-EIGHT THOUSAND NINE HUNDRED EIGHT AND 48/100 DOLLARS ($38,908.48) FOR THE PURCHASE OF SUCH PROPERTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061214-5, awarding the Wayne Gray Parking Lot Improvement Project to AAA Asphalt Paving, Inc. City Manager Jackson explained that the proposed ordinance awards the Wayne Gray Parking Lot Improvement Project in the amount of $247,540 to AAA Asphalt Paving, Inc. for the base and alternate bid items. This project will rehabilitate the parking lots on the East Road side of the complex. To facilitate the maximum flexibility in awarding the bids, the scope of work was divided into a base bid: milling and overlaying the south parking lot and reconstructing the main entrance area; and an alternate bid of overlaying the north section of the parking lot. Each overlay will include base repairs, as needed. The estimated construction cost for the base bid was $168,960 and the alternate bid was $120,240 for a total of $289,200. Four bids were received and ranged from the recommended bid up to $41,660. The construction duration for this project is 120 calendar days and it will be funded through an $180,000 interlocal agreement with the MDD. Council Member Murray moved to approve the ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. Page 6 of 18 Minutes of the Regular Session Meeting— December 14, 2006 ORDINANCE NO. 10,505 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH AAA ASPHALT PAVING, INC., FOR THE WAYNE GRAY PARKING LOT IMPROVEMENT PROJECT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED TWO HUNDRED FORTY-SEVEN THOUSAND FIVE HUNDRED FORTY AND NO/100 DOLLARS ($247,540.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061214-6, awarding the second contract amendment for final design services for the reconstruction of Kilgore and Bob Smith Road under Phase IV of the Street Bond Program. City Manager Jackson explained that the proposed ordinance awards the second contract amendment to Klotz Associates, Inc. (Klotz) for final design services for the reconstruction of Kilgore and Bob Smith Road under Phase IV of the Street Bond Program. Mr. Jackson called Deputy City Manager Bob Leiper to further explain this item. Mr. Lieper explained that the action proposed authorizes the final design services for the reconstruction of Kilgore and Bob Smith Roads. He explained that the initial plan was to recycle and replace the road based upon a preliminary study and an engineer’s estimate of $1,867,000. However, it has since been discovered that the material underneath the exiting road makes the project not a good candidate for recycle and replace and will therefore require that the road be completely replaced at the cost of $3,720,000. Mr. Leiper stated that additional efforts will be made to make cost reductions, but the reductions will not be enough to get back to the original cost figure of $1,867,000 and there is no additional funding for year 4 of the Street Bond Program. Discussion was had about the areas that affected the cost of the reconstruction of Kilgore and Bob Smith Road and discussion was also had about the need to repair the streets. Tom Ramsey with Klotz Associates addressed Council regarding the issues that caused the changes. He also reiterated the need to replace the streets due to the soil conditions and fielded questions from Council accordingly. With no further discussion, Council Member Mahan moved to approve the ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. Page 7 of 18 Minutes of the Regular Session Meeting— December 14, 2006 ORDINANCE NO. 10,506 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 SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLOTZ ASSOCIATES, INC., FOR FINAL DESIGN, BIDDING, CONSTRUCTION AND POST-CONSTRUCTION PHASE SERVICES FOR BOB SMITH ROAD AND KILGORE ROAD; AUTHORIZING ADDITIONAL FUNDS IN AN AMOUNT NOT TO EXCEED TWO HUNDRED NINETY-ONE THOUSAND THREE HUNDRED TWELVE AND NO/100 DOLLARS ($291,312.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061214-7, creating a “No Parking“ and tow away zone to begin at the west side of Hayes Road, beginning 281 feet from Ferry Road and extending 150 feet north along Hayes Road. City Manager Jackson explained that the proposed ordinance creates a “No Parking“ and “Tow Away Zone” to begin at the west side of Hayes Road, beginning 281 feet from Ferry Road and extending 150 feet north along Hayes Road. Mr. Jackson stated during large funeral precessions a resident’s driveway is blocked by parked vehicles. He also stated that “No Parking” and “Tow Away Zone” signs have been posted for 90 days under the administrative authority and there have been no further parking problems reported by residents. The Planning and Zoning Commission approved this “No Parking” and “Tow Away Zone.” Mr. Jackson also told Council that the citizen requesting this zone is having a problem during funerals when his driveway is blocked by cars attending funerals. Discussion was had concerning the location being designated for the “No Parking” and “Tow Away Zone”. With no further discussion, Council Member Caskey moved to approve the ordinance as submitted. Mayor DonCarlos seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,507 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE IV “SPECIFIC STREET REGULATIONS,” SECTION 94-121 “SCHEDULES ENUMERATED,” SCHEDULE III “DESIGNATION – NO PARKING ZONES” TO DESIGNATE A PORTION OF THE NORTH SIDE OF HAYES ROAD AS A NO PARKING, TOW AWAY ZONE; REPEALING ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 8 of 18 Minutes of the Regular Session Meeting— December 14, 2006 Consider Proposed Resolution No. 061214-1, authorizing publication of notice of intention to issue certificates of obligation. City Manager Jackson explained that the proposed resolution authorizes publication of notice of intention to issue certificates of obligation. The notice of intention is the first step for the City to sell Certificates of Obligation for the following projects: Approval of the Notice of Intent will authorize the sale of a maximum of $14 million in Certificates of Obligation which will cover the cost of the projects and any issuance costs associated with the bonds. Council Member Murray moved to approve the resolution as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1822 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 DATE THEREOF. Consider Proposed Resolution No. 061214-2, adopting a policy for City Council use of City laptop computers, email and internet connections. City Manager Jackson explained that the proposed resolution adopts a policy for City Council use of City laptop computers, emails and internet connections. He gave a brief history of the processing leading to this policy by stating that during budget workshops in preparation for the FY 05-06 budget last year the City Council requested that laptop computers be purchased for Council Members and that the City convert to a paperless electronic agenda process. Laptop computers have been received and are configured for Council Members’ individual use. Staff will be arranging appointments for training on the new equipment in the near future. Mr. Jackson introduced Asst. City Manager, Mr. Kelvin Knauf who explained the proposed policy for City Council use of City laptop computers, city email and internet connections. Mr. Knauf reiterated that Council members should keep in mind at all times that any and all activities performed on the laptop computers are subject to the Open Meetings Act and the Public Information Act. Council Member Sheley moved to approve the resolution as submitted. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. Page 9 of 18 Minutes of the Regular Session Meeting— December 14, 2006 RESOLUTION NO. 1823 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE CHIEF OF POLICE TO ADOPT A POLICY REGARDING TOWING VEHICLES BEING DRIVEN WITHOUT PROOF OF FINANCIAL RESPONSIBILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 061214-3, adopting the Downtown Façade Improvement Program Guidelines. City Manager Jackson explained that the proposed resolution adopts the Downtown Façade Improvement Program Guidelines. Mr. Jackson also explained that the Downtown Façade Improvement Program has been designed to promote local economic development and to stimulate business and commercial activity in the City through public-private partnerships by offering economic incentives for the renovation, restoration and preservation of privately-owned building exteriors within the Baytown Downtown Area I (Texas Avenue). Under the Program, the City will provide façade improvement assistance, which will be in the form of a five-year forgivable loan, paid on a reimbursement basis after completion of the project and acceptance of the same as being in conformity with not only the Downtown Master Plan and Design Guidelines adopted by the City Council, but also the plans and specifications as approved by the Baytown Redevelopment Task Force. Such assistance will be offered to persons with qualified projects having a construction cost which exceeds $5,000. As proposed, the assistance loan is subject to the following limits: ¾ 50% of the cost of construction up to $20,000 per front facade; ¾ 50% of the cost of construction up to $10,000 per side façade (made in conjunction with a front façade); and ¾ $1,200 for the environmental site assessment required herein. The program will be administered by the Planning and Development Services Department and the Baytown Redevelopment Advisory Task Force, who is responsible for recommending proposed projects. The Program Guidelines have been approved by the Baytown Downtown Association. Council engaged in a brief discussion regarding this type of program being used throughout the City of Baytown. Council Member Sheley moved to approve the resolution as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. Page 10 of 18 Minutes of the Regular Session Meeting— December 14, 2006 RESOLUTION NO. 1824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS; ADOPTING THE CITY OF BAYTOWN DOWNTOWN FACADE IMPROVEMENT PROGRAM GUIDELINES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Mahan filed a conflict of interest affidavit and abstained from the discussion and vote on item #13 which follows: Consider Proposed Resolution No. 061214-4, authorizing and directing the Chief of Police to adopt a policy regarding towing vehicles being driven without proof of financial responsibility. City Manager Jackson stated that the proposed resolution authorizes and directs the Chief of Police to adopt a policy regarding towing vehicles being driven without proof of financial responsibility. Mr. Jackson explained that on November 20, 2006, the City Council held a work session regarding the towing of vehicles which are found to be operated without financial responsibility coverage as required by state law. At that work session, the City Council reviewed a draft towing program. This proposed resolution authorizes and directs the Chief of Police to adopt a police policy, where officers would be authorized to cause a motor vehicle to be removed and/or impounded when: 1. in the case of a traffic stop, the officer determines that the operator cannot present proof of the required financial responsibility and has been previously convicted or granted deferred adjudication for operating a vehicle without the requisite financial responsibility; or 2. in the case of an accident, the officer determines that an involved vehicle was operated without the required financial responsibility. The resulting policy will take into account mitigating circumstances which may warrant not impounding a vehicle. Discussion was had regarding the current laws without the proposed policy. Council Member Murray moved to approve the resolution as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Caskey and Sheley Mayor DonCarlos Nays: Council Member Renteria Abstain: Council Member Mahan The motion carried. Page 11 of 18 Minutes of the Regular Session Meeting— December 14, 2006 RESOLUTION NO. 1825 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE CHIEF OF POLICE TO ADOPT A POLICY REGARDING TOWING VEHICLES BEING DRIVEN WITHOUT PROOF OF FINANCIAL RESPONSIBILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 061214-5, canceling the Council meeting scheduled for the fourth Thursday of December 2006. City Manager Jackson explained that the proposed resolution cancels the Regular City Council Meeting scheduled for the fourth Thursday of December 2006. Council Member Murray moved to approve the ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON DECEMBER 28, 2006, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss and consider providing a charge and timeline to the General Obligation Bond Committee. City Manager Jackson explained that Council has appointed a steering committee to consider potential projects for a May General Obligation Bond Election. Subcommittees were also appointed by Council to consider various items. One committee was organized with its main focus for streets, sidewalks, signalization and drainage, and a second subcommittee for public buildings, automation, equipment and parks. Mr. Jackson reviewed the timeline with Council, explaining that Council would have to determine ballot propositions by February 22 and call the election by March 8. He also stated that due to time constraints it may not be feasible for the steering committee to consider all of the needs of the City. Council engaged in discussion regarding the timeline and the constraints. Mr. Jackson suggested an option could be that Council limit the items to be considered for a May election to those items that are known needs such as street repairs, and consider developing a second bond package for review by the steering committee for the November 2007 or May 2008 election dates. Page 12 of 18 Minutes of the Regular Session Meeting— December 14, 2006 Council continued to discuss the need for items other than existing street repairs. Some of the improvements mentioned were the need to purchase new communication equipment; and the building of a new fire station. Council agreed on a $30 million street bond program in May, and asking the steering committee to develop ideas for a possible second bond package for May 2008. With no further discussion, Council Member Sheley moved to approve a $30 million street bond program in May and charge the steering committee to review all other needs of the City for a second bond package for May 2008. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried Consent Agenda a. Consider Proposed Ordinance No. 061214-8, authorizing an interlocal agreement with Harris County for fire protection services in an unincorporated area of Harris County. b. Consider Proposed Ordinance No. 061214-9, awarding the second renewal of the annual cationic polymer supply contract. c. Consider Proposed Ordinance No. 061214-10, awarding the last renewal of the annual roll-off containers contract. d. Consider Proposed Ordinance No. 061214-11, awarding the first renewal of the annual pool supplies and services contract. e. Consider Proposed Ordinance No. 061214-12, authorizing payment of an annual assessment to the Harris County Appraisal District (HCAD) for appraisal services for the 2007 tax year. f. Consider Proposed Ordinance No. 061214-13, approving the First Amendment to the Agreement for Funding for an Aquatics Study with the Municipal Development District to include additional sums for the Aquatic Facilities Master Plan. g. Consider Proposed Ordinance No. 061214-14, approving the purchase of a 25 foot easement through the Goose Creek Rehab Health Care Center property located at 1106 Park Street for the Goose Creek Stream Greenbelt Trail Phase IV project. The property is owned by the Garrett-Beck Corporation. h. Consider Proposed Ordinance No. 061214-15, changing the street name suffix of Seminole in the Pinehurst Subdivision from Street to Circle. Page 13 of 18 Minutes of the Regular Session Meeting— December 14, 2006 i. Proposed Resolution No. 061214-6, authorizes the City Manager to execute an agreement with the Houston-Galveston Area Council for acceptance of the Downtown Public Spaces Improvements Program grant. Council Member Sheley moved to approve the consent items a through i as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,508 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR FIRE PROTECTION SERVICES IN AN UNINCORPORATED AREA OF HARRIS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF POLYDYNE, INC., FOR THE ANNUAL CATIONIC POLYMER SUPPLY CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY-THREE THOUSAND NINE HUNDRED THIRTY-NINE AND 38/100 DOLLARS ($43,939.38); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,510 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF ARROW WASTE FOR THE ANNUAL ROLL-OFF CONTAINERS SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED FIFTY-FIVE AND NO/100 DOLLARS ($156,655.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,511 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF POOLSURE FOR THE ANNUAL POOL SUPPLIES AND SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-FIVE THOUSAND NINE HUNDRED TWENTY- FOUR AND NO/100 DOLLARS ($25,924.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 14 of 18 Minutes of the Regular Session Meeting— December 14, 2006 ORDINANCE NO. 10,512 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES FOR THE 2007 TAX YEAR IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED NINE AND NO/100 DOLLARS ($118,709.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,513 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 FIRST AMENDMENT TO THE AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR AN AQUATIC STUDY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,514 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF A 25-FOOT TRAIL EASEMENT FOR THE GOOSE CREEK STREAM GREENBELT TRAIL PHASE IV PROJECT FROM GARRETT-BECK CORPORATION FOR AN AMOUNT NOT TO EXCEED THIRTEEN THOUSAND SEVEN HUNDRED SIXTY-SEVEN AND NO/100 DOLLARS ($13,767.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,515 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CHANGING THE STREET NAME SUFFIX OF SEMINOLE IN THE PINEHURST SUBDIVISION, CHAMBERS COUNTY, TEXAS, FROM STREET TO CIRCLE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE HOUSTON- GALVESTON AREA COUNCIL FOR ELIGIBLE IMPROVEMENTS FOR THE HISTORIC DOWNTOWN SIGNAGE PROJECT IN ACCORDANCE WITH THE DOWNTOWN PUBLIC SPACES IMPROVEMENTS PROGRAM IN AN AMOUNT OF TWENTY-FOUR THOUSAND NINE HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($24,975.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 15 of 18 Minutes of the Regular Session Meeting— December 14, 2006 Consider appointments to the Community Development Advisory Committee (5). Council Member Renteria moved to appoint Hector Meza and re-appoint Terry Presley, Norman Barnett and Joe Robins to serve a two year term beginning January 1, 2007 and ending January 1, 2009. Board Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. Consider appointment to the Baytown Industrial Development Corporation (1). Council Member Murray moved to appoint Mayor Stephen H. DonCarlos to serve a two year term beginning December 14, 2006 and ending December 14, 2008.. Board Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. Consider appointment to the Emergency Medical Service Advisory Committee (1). Council Member Caskey moved to appoint Joanna Cagle-Page to serve a two year term beginning December 11, 2006 and ending December 11, 2008. Board Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. Consider appointment to the Planning and Zoning Commission (1). This item was not ready for consideration. Consider appointment to the Sign Committee (1). Mayor DonCarlos moved to re-appoint Al Busch to serve another two year term beginning November 30, 2006 and ending November 30, 2008. Board Member Capetillo seconded the motion. The vote follows: Page 16 of 18 Minutes of the Regular Session Meeting— December 14, 2006 Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. Consider appointment of the Chair for the General Obligation Bond Sub-Committee - Public Buildings, Automation, Equipments and Parks. Council Member Capetillo moved to appoint Susan Milnar to serve on the General Obligation Bond Sub-Committee - Public Buildings, Automation, Equipment and Parks. Board Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. Consider appointment of the Chairman of Reinvestment Zone Number One, City of Baytown and the Baytown Redevelopment Authority Board. Council Member Mahan moved to re-appoint Don Murray as Chairman of Reinvestment Zone Number One and as Chairman of the Baytown Redevelopment Authority Board for one year beginning January 1, 2007 and ending December 31, 2007. Board Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. Consider confirmation of the City Manager’s appointee to the Civil Service Commission. Council Member Capetillo moved to confirm the City Manager’s appointee, Ruben Linares, to serve a three year term on the Civil Service Commission beginning January 1, 2007 and ending January 1, 2010. Board Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. Page 17 of 18 Minutes of the Regular Session Meeting— December 14, 2006 Designation from the Mayor and the City Manager of non-elected individuals to serve on the Baytown Redevelopment Advisory Task Force (1 each). Council Member Renteria moved to confirm David Smith as the Mayor’s appointee and Norman Dykes as the City Manager’s appointee to serve two year terms on the Baytown Redevelopment Advisory Task Force. Board Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried. City Manager’s Report. No report was given. Conduct appeal of Casey Hornberger, of the decision made by the Planning and Zoning Commission to deny the application for re-plat of Lot 3 of Tiffany Acres Subdivision. City Attorney, Ignacio Ramirez, gave the oath to all witnesses expected to testify at the hearing. Mr. Gregory Stubbs, Director of Planning and Development Services gave the opening statement for the City of Baytown. Mr. Stubbs told the Council that on November 15, 2006 the Planning and Zoning Commission denied a replat application from Casey and Miriany Hornberger for Lot 3 of the Amending Plat of Tiffany Acres Subdivision. The replat would allow Lot 3 to be divided into two tracts, with the rear tract of land having no street frontage. The Commission denied the plat based on State Law. Chapter 212 of the Texas Local Government Code in Section “Replatting Without Vacating Preceding Plat” states, “A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat: (1) is signed and acknowledged by only the owners of the property being replatted; (2) is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the municipal authority responsible for approving plats; and (3) does not attempt to amend or remove any covenants or restrictions.” The Deed Restrictions of Tiffany Acres Subdivision, Section 16 states, “No lot may be re- subdivided in any fashion except that any person owning more than one lot may combine said lots into one home site for building purposes.” In addition to the Texas Local Government Code requirements, the City of Baytown Code of Ordinances Chapter 126 “Subdivision”, Section 418(c) “Street frontage” requires a Large Lot Estates Subdivisions to have a minimum street frontage of 60 feet. Mr. Casey Hornberger gave his opening statement to Council by asking that they reconsider the application that was denied by the Planning and Zoning Commission on November 15, 2006 Page 18 of 18 Minutes of the Regular Session Meeting— December 14, 2006 which would have allowed replat of Lot 3 of Tiffany Acres Subdivision to be divided into two tracts, with the rear tact of land having no street frontage. Mr. Hornberger presented Council with a signed statement from all the land owners in Tiffany Acres Subdivision showing that they agreed with this replat. Mr. Gamble, the developer of Tiffany Acres Subdivision, was called as a witness by Mr. Stubbs. Mr. Gamble stated that he has deed restrictions on the property that state “No lot may be re- subdivided in any fashion except that any person owning more than one lot may combine said lots into one home site for building purposes.” Mr. Gamble asked that his deed restrictions be upheld. With no further testimony, Mayor DonCarlos called the next item on the agenda. Consider affirming or reversing the decision made by the Planning and Zoning Commission to deny the application for re-plat of Lot 3 of Tiffany Acres Subdivision. (Casey Hornberger Appeal). Council engaged in discussion regarding the deed restrictions pertaining to property in Tiffany Acres Subdivision. and Chapter 212 of the Texas Local Government Code concerning Replatting Without Vacating Preceding Plat” and the City of Baytown Code of Ordinance Chapter 126 “Subdivision”, Section 418(c) “Street frontage” requires a Large Lot Estates Subdivisions to have a minimum street frontage of 60 feet. Council Member Murray moved to affirm the decision made by the Planning and Zoning Commission to deny the application for re-plat of Lot 3 of Tiffany Acres Subdivision based upon State Laws. Council Member Renteria seconded the motion. The vote follows. Ayes: Council Members Renteria, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None Abstain: Council Member Capetillo The motion carried. Adjourn. Council Member Mahan moved to adjourn the meeting. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 8:57 p.m. ______________________________ Lorri Coody, City Clerk